सार्वजनिक खरिद ऐि २०६३ को दफा ६५ को उपदफा (१) को खण्ड (ग) ले ददएको अनिकाि बमोजजम सार्वजनिक खरिद अिुगमि

कार्ावलर्बाट जािी गरिएको

STANDARD BIDDING DOCUMENT

Procurement of Works
International Competitive Bidding (ICB)
[Single Stage Two Envelope Bidding procedure]

Public Procurement Monitoring Office

Tahachal, Kathmandu
(Revised on July, 2022)
 Preface
This Standard Bidding Document (SBD) for Procurement of Works has been
prepared by the Government of Nepal (GoN), Public Procurement Monitoring Office
(PPMO) to facilitate post-qualification bidding procedures used for the procurement
of works through International Competitive Bidding (ICB).

The SBD includes; a format for the Invitation of Bids, Bidding Procedures,
Requirements and Conditions of Contract and Contract Forms.

While using the SBD, the following directions should be considered.

1. No change should be made to the wording of the Section 1, Instructions to

Bidders (ITB) and Section 7, General Conditions of Contract. All provisions
related to a particular contract or contracts should be stated/included in other
relevant sections of the Document.

2. The attached information forms may require minor adaptation to suit the
individual requirements of particular contract.

3. The italicized footnotes and remarks in the SBD are not part of the text. They
contain guidance and instruction for the Agencies preparing the document.

If any provisions of this document are inconsistent with Public Procurement Act
(PPA), 2063 or Public Procurement Regulations (PPR), 2064, the provision of this
document shall be void to the extent of such inconsistency and the provision of PPA
and PPR shall prevail.
 BIDDING DOCUMENT

for

THE PROCUREMENT OF
[Insert identification of the Works]

International Competitive Bidding (ICB)

Single Stage: Two-Envelope Bidding Procedure
(TECHNICAL BID)

[Insert the name of Public Entity]

Issued on:
Invitation for Bids No.:
ICB No.:
Contract Identification No:
 Abbreviations
BD........................ Bidding Document
BDF……………... Bidding Forms
BDS...................... Bid Data Sheet
BOQ …………….. Bill of Quantities
COF …………….. Contract Forms
DP ………………. Development Partners
DoLI ………. Department of Local Infrastructure
ELI ………………. Eligibility
EQC..................... Evaluation and Qualification Criteria
EXP ……………… Experience
FIN ………………. Financial
GCC..................... General Conditions of Contract
GoN1 ..................... Government of Nepal
ICB...................... International Competitive Bidding
ICC....................... International Chamber of Commerce
ITB....................... Instructions to Bidders
JV ……………….. Joint Venture
LIT ……………….. Litigation
NCB ……………... National Competitive Bidding
PAN ……………… Permanent Account Number
PPA …………….. Public Procurement Act
PPMO …………… Public Procurement Monitoring Office
PPR ……………... Public Procurement Regulations
PL......................... Profit and Loss
SBD...................... Standard Bidding Document
SCC …………….. Special Conditions of Contract
TS......................... Technical Specifications
VAT ……………… Value Added Tax
WRQ …………….. Works Requirements

1
“GoN” word indicates all public entities according to Public Procurement Act, 2063
 Table of Contents

INVITATION OF BIDS ----------------------------------------------------------- i

PART I BIDDING PROCEDURES

Section 1 - Instructions to Bidders (ITB) ---------------------------------- 1-1

Section 2 - Bid Data Sheet (BDS) ------------------------------------------- 2-1

Section 3 - Evaluation and Qualification Criteria (EQC) ------------- 3-1

Section 4 - Bidding Forms (BDF) ------------------------------------------ 4-1

PART II EMPLOYER'S REQUIREMENTS

Section 5 - Works Requirements (WRQ) --------------------------------- 5-1

Section 6 - Preamble to the Bill of Quantities (BOQ) ------------------ 6-1

PART III CONDITIONS OF CONTRACT AND CONTRACT

FORMS
Section 7 - General Conditions of Contract (GCC) --------------------- 7-1

Section 8 - Special Conditions of Contract (SCC) ---------------------- 8-1

Section 9 - Contract Forms (COF) ----------------------------------------- 9-1

Section 1 - Instructions to Bidders 1-1

Invitation for Bids

Government of Nepal (GoN)/or other Public Entity if applicable
[Name of Employer]

Invitation for Bids No: __________________

Date of publication: __________________

Name of the Development Partner [if applicable]: ______________________

Loan/Credit/Grant No [if applicable]: ______________________

1. [The Government of Nepal [GoN/or other public entity if applicable] has allocated funds or
received a loan/credit/grant from [GoN/or other public entity if applicable or Development
Partner] towards the cost of [Name of Project] and intends to apply part of the funds to cover
eligible payments under the Contract for [Name and identification number of Contract]2.
Bidding is open to all eligible Nepalese and Foreign Bidders.

2. [Name of Employer] invites sealed bids or electronic bids from eligible bidders for the
construction of [Brief description of the Works]3 under International Competitive Bidding –
Two Envelope Bidding procedures.
Only eligible bidders with the following key qualifications should participate in this bidding:
Minimum Average Annual Construction Turnover of the best 3 years within the last 10 years:
[enter in NRs or in US$….……………….]
Minimum Work experience of similar size and nature: [number of project and value of each
project]

3. Eligible Bidders may obtain further information and inspect the Bidding Documents at the office
of [Name, location, mailing address, telephone and facsimile numbers and email address of
the Employer] or may visit PPMO website www.bolpatra.gov.np/egp.

4. A complete set of Bidding Documents may be purchased from the office [insert name and
address] and the office [insert name and address] by eligible Bidders on the submission

2
Substitute “contracts” where bids are called concurrently for multiple contracts. Add a new para. 2
and renumber paras 2 - 9 as follows: "Bidders may bid for one or several contracts, as further defined
in the Bidding Document. Bidders wishing to offer discounts/cross discounts in case they are
awarded more than one contract will be allowed to do so provided those discounts are included in the
Letter of Bid.” The paragraph two shall provide qualification requirement of a bidder for each contract if bidding
process comprises of more than one contract (multiple contract).

3 A brief description of the type of work shall be provided including quantities of major works,
location of the project and other information necessary to enable potential bidders to decide
whether to respond to the invitation, a Bidding Document requires bidders to have specific
experience and capabilities and therefore also be included in this paragraph.

Procurement of Works Standard Bidding Document – ICB

Section 1 - Instructions to Bidders 1-1

of a written application, along with the copy of company/firm registration certificate, and upon
payment of a non-refundable fee of [Insert amount] till [Insert date]4. If so requested, the
Bidding Documents can also be sent by post/courier services upon payment of additional cost
of NRs. [amount in NRS or in US$]. However, the Employer will not be responsible for delay
or non-delivery of the documents so sent.
Or
Bidder who chooses to submit their bid electronically may purchase the hard copy of the bidding
documents as mentioned above or may down load the bidding documents for e-submission from
PPMO’s Web Site www.bolpatra.gov.np. Bidders, submitting their bid electronically, should
deposit the cost(as specified above) of bidding document in the Project’s Rajaswa (revenue)
account as specified below and the scanned copy (pdf format) of the Bank deposit voucher
shall be uploaded by the bidder at the time of electronic submission of the bids. Information
to deposit the cost of bidding document in Bank:
Name of the Bank: …………………..
Name of Office: ………………………………..
Office Code no. :……………..
Office Account no.: ……………………….
Rajaswa (revenue) Shirshak no. : ………………………….

5. Pre-bid meeting shall be held at [insert name and address] at [insert time and date].5
6. Sealed or electronic bids must be submitted to the office [Name and address] by hand/courier or
through PPMO website www.bolpatra.gov.np/egp. on or before [Time] on [Date]. Bids received
after this deadline will be rejected.
7. The bids will be opened in the presence of Bidders' representatives who choose to attend at [Time
and date] at the office of [Address of office]. Bids must be valid for a period of [Insert number of
days] after bid opening and must be accompanied by a bid security or scanned copy of the bid
security in pdf format in case of e-bid, amounting to a minimum of [insert amount in NRs or
Equivalent US$ (2 to 3 % of estimated amount exclusive VAT)], which shall be valid for 30
days beyond the validity period of the bid (i.e. [Date])

8. If the last date of purchasing and /or submission falls on a government holiday, then the next
working day shall be considered as the last date. In such case the validity period of the bid and
bid security shall remain the same as specified for the original last date of bid submission.
9. Other mandatory information as per PPA and PPR6.

Note: In case of bid invited for any combination of contract lots, the bidder may submit the bid for one
or more lots for which bids are invited and may offer discounts/ cross discounts for different award
combinations. Evaluation for each contract lot will be done separately but the decision on contracts
award will be based on the bid price combinations that will result in least cost to the Employer.

4 The time interval between last purchasing date and last submission date shall not be more than one day.
5 If pre-bid meeting shall not be held delete this para and renumber other paras.]
6 [Procuring Entity can insert other mandatorily required information as per Clause 49KA of PPR. If not required delete
this paragraph.]

Procurement of Works Standard Bidding Document – ICB

Section 1 - Instructions to Bidders 1-1

PART I: BIDDING PROCEDURES

Procurement of Works Standard Bidding Document – ICB

Section 1 - Instructions to Bidders 1-1

Section 1 - Instructions to Bidders

This section specifies the procedures to be followed by Bidders in the preparation and
submission of their Bids. Information is also provided on the submission, opening,
and evaluation of bids and on the award of Contract.

Table of Clauses

A. General ................................................................................................................................. 1-14

1. Scope of Bid .......................................................................................................................... 1-14
2. Source of Funds ..................................................................................................................... 1-14
3. Fraud and Corruption ............................................................................................................. 1-14
4. Eligible Bidders ..................................................................................................................... 1-14
5. Eligible Materials, Equipment and Services .......................................................................... 1-14
B. Contents of Bidding Document ......................................................................................... 14-15
6. Sections of Bidding Document ........................................................................................... 14-15
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ....................................... 14-15
8. Amendment of Bidding Document ..................................................................................... 14-15
C. Preparation of Bids ............................................................................................................ 16-20
9. Cost of Bidding ................................................................................................................... 16-20
10. Language of Bid ................................................................................................................. 16-20
11. Documents Comprising the Bid .......................................................................................... 16-20
12. Letter of Bid and Schedules ................................................................................................ 16-20
13. Alternative Bids .................................................................................................................. 16-20
14. Bid Prices and Discounts .................................................................................................... 16-20
15. Currencies of Bid and Payment .......................................................................................... 16-20
16. Documents Comprising the Technical Proposal ................................................................. 16-20
17. Documents Establishing the Qualifications of the Bidder .................................................. 16-20
18. Period of Validity of Bids ................................................................................................... 16-20
19. Bid Security ........................................................................................................................ 16-20
20. Format and Signing of Bid .................................................................................................. 16-20
D. Submission and Opening of Bids ...................................................................................... 21-26
21. Sealing and Marking of Bids ............................................................................................... 21-26
22. Deadline for Submission of Bids ......................................................................................... 21-26
23. Late Bids .............................................................................................................................. 21-26
24. Withdrawal, and Modification of Bids ................................................................................ 21-26
25. Bid Opening ......................................................................................................................... 21-26
E. Evaluation and Comparison of Bids ................................................................................ 27-30
26. Confidentiality .................................................................................................................... 27-30
27. Clarification of Bids............................................................................................................ 27-30

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Section 1 - Instructions to Bidders 1-1

28. Deviations, Reservations, and Omissions ........................................................................... 27-30

29. Determination of Responsiveness ....................................................................................... 27-30
30. Nonconformities, Errors, and Omissions ............................................................................ 27-30
31. Qualification of the Bidder ................................................................................................. 27-30
32. Correction of Arithmetical Errors ....................................................................................... 27-30
33. Conversion to Single Currency ........................................................................................... 27-30
33. Conversion to Single Currency ...................................................................................... 27-30
34. Domestic Preference ……………………………………………………………………..27-30
35. Subcontractor……………………………………………………………………………… 27-30

36. Evaluation of Bids .............................................................................................................. 27-30

37. Comparison of Bids ............................................................................................................ 27-30
38. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ................................ 27-30
F. Award of Contract ............................................................................................................. 30-32
39. Award Criteria .................................................................................................................... 30-32
40. Letter of Intent to Award the Contract/ Notification of Award .......................................... 30-32
41. Performance Security and Line of Credit ........................................................................... 30-32
42. Signing of Contract ............................................................................................................. 30-32
43. Complain and Review ......................................................................................................... 30-32

Procurement of Works Standard Bidding Document – ICB

 Section 1 - Instructions to Bidders 1-6

Section 1 - Instructions to Bidders

A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid Data Sheet (BDS),
the Employer, as indicated in the BDS, issues this Bidding Document for the
procurement of Works as specified in Section 5 (Works Requirements). The
name, identification, and number of Contracts of the International Competitive
Bidding (ICB) are provided in the BDS.

1.2 Throughout this Bidding Document:

(a) the term “in writing” means communicated in written form and delivered
against receipt;

(b) except where the context requires otherwise, words indicating the singular
also include the plural and words indicating the plural also include the
singular; and

(c) “day” means calendar day.

2. Source of Funds 2.1 GoN Funded: In accordance with its annual program and budget, approved by
the GoN, the implementing agency indicated in the BDS plans to apply a
portion of the allocated budget toward the cost of the project named in the BDS.
The GoN intends to apply a portion of the allocated budget to eligible payments
under the contract(s) for which this Bidding Document is issued.

Or

Public Entities' own Resource Funded: In accordance with its annual program and
budget, approved by the public entity, the implementing agency indicated in the
BDS plans to apply a portion of the allocated budget to eligible payments under the
contract(s) for which this Bidding Document is issued.

Or

DP Funded: The GoN has applied for or received financing (hereinafter called
“funds”) from the Development Partner (hereinafter called “the DP”) indicated
in the BDS toward the cost of the project named in the BDS. The GoN intends
to apply a portion of the funds to eligible payments under the contract(s) for
which this Bidding Document is issued.

2.2 DP Funded: Payment by the DP will be made only at the request of the GoN and
upon approval by the DP in accordance with the terms and conditions of the
financing agreement between the GoN and the DP (hereinafter called the “Loan
Agreement”), and will be subject in all respects to the terms and conditions of
that Loan Agreement. No party other than the GoN shall derive any rights from
the Loan Agreement or have any claim to the funds.

3. Fraud and 3.1 The Government of Nepal (GoN) requires that the procuring entities as well as
Corruption bidders, suppliers, and contractors and their sub-contractors under GoN/DP-
financed contracts, shall adhere to the highest standard of ethics during the
procurement and execution of such contracts. In this context , the Employer;

(a) defines, for the purposes of this provision, the terms set forth below as
follows:

(i) “corrupt practice” means the offering, giving, receiving, or soliciting,

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Section 1 - Instructions to Bidders 1-7

directly or indirectly, anything of value to influence improperly the

actions of another party;

(ii) “fraudulent practice” means any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or attempts
to mislead, a party to obtain a financial or other benefit or to avoid an
obligation;

(iii) “coercive practice” means impairing or harming, or threatening to impair

or harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;

(iv) “collusive practice” means an arrangement between two or more

parties designed to achieve an improper purpose, including
influencing improperly the actions of another party.

(v) “obstructive practice” means:

(aa) deliberately destroying, falsifying, altering or concealing of

evidence material to the investigation or making false statements
to investigators in order to materially impede a GoN/DP
investigation into allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or intimidating
any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation; or

(bb) acts intended to materially impede the exercise of the

GoN’s/DP’s inspection and audit rights provided for under sub-
clause 3.5 below.

(b) will reject bid(s) if it determines that the bidder has, directly or
through an agent, engaged in corrupt, fraudulent, collusive, coercive,
or obstructive practices in competing for the contract in question;

(c) will sanction a firm or individual, including declaring ineligible, for a

stated period of time, to be awarded a GoN/DP-financed contract if it
at any time determines that the firm has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for, or in executing, a GoN/DP-financed
contract.

3.2 The Bidder shall not carry out or cause to carry out the following acts with an
intention to influence the implementation of the procurement process or the
procurement agreement :

(a) give or propose improper inducement directly or indirectly,

(b) distortion or misrepresentation of facts,
(c) engaging in corrupt or fraudulent practice or involving in such act,
(d) interference in participation of other competing bidders,
(e) coercion or threatening directly or indirectly to cause harm to the person
or the property of any person to be involved in the procurement
proceedings,
(f) collusive practice among bidders before or after submission of bids for
distribution of works among bidders or fixing artificial/uncompetitive bid
price with an intention to deprive the Employer the benefit of open
competitive bid price,
(g) contacting the Employer with an intention to influence the Employer with
regards to the bids or interference of any kind in examination and
evaluation of the bids during the period from the time of opening of the

Procurement of Works Standard Bidding Document – ICB

 Section 1 - Instructions to Bidders 1-8

bids until the notification of award of contract.

3.3 PPMO on the recommendation of the Employer may blacklist a Bidder for a
period of one (1) to three (3) years for its conduct including the following
grounds and seriousness of the act committed by the bidder:

(a) if convicted by a court of law in a criminal offence which disqualifies the

Bidder from participating in the contract,
(b) if it is established that the contract agreement signed by the Bidder was
based on false or misrepresentation of Bidder’s qualification information,
(c) if it at any time determines that the firm has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices
in competing for, or in executing, a GoN/DP-financed contract.
(d) if the Successful Bidder fails to sign the Contract.
(e) if the bidder fails to inform about the saturation of maximum number of
contracts as per ITB 4.11.

3.4 A bidder declared blacklisted and ineligible by the GoN, Public procurement
Monitoring Office (PPMO) and/or the DP in case of DP funded project, shall be
ineligible to bid for a contract during the period of time determined by the GoN,
PPMO and/or the DP.

3.5 The Contractor shall permit the GoN/DP to inspect the Contractor’s accounts
and records relating to the performance of the Contractor and to have them
audited by auditors appointed by the GoN/DP, if so required by the GoN/DP.

3.6 DP Funded: In pursuance of the fraud and corruption policy, the DP.

(a) will reject a Bid if it determines that the bidder recommended for award
has directly or through an agent, engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practices in competing for the contract
in question;

(b) will cancel the portion of the loan/ credit/ grant allocated to a contract if
it determines at any time that representative(s) of the GoN or of a
beneficiary of the fund engaged in corrupt, fraudulent, collusive, or
coercive practices during the procurement or the execution of that
contract, without the GoN having taken timely and appropriate action
satisfactory to the DP to address such practices when they occur.
3.7 A bidder declared blacklisted and ineligible by the GoN, Public Procurement
Monitoring Office (PPMO) and/or the DP in case of DP funded project, may be
ineligible to bid for a contract during the period of time determined by the GoN,
PPMO and/or the DP.

3.8 In case of a natural person or firm/institution/company which is already declared

blacklisted and ineligible by the GoN, any other new or existing
firm/institution/company owned partially or fully by such Natural person or Owner
or Board of director of blacklisted firm/institution/company; shall not be eligible
bidder.

4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, or government-owned entity—
subject to ITB 4.5—or any combination of them in the form of a Joint Venture
(JV) under an existing agreement, or with the intent to constitute a legally-
enforceable joint venture. In the case of a JV:

(a) all partners shall be jointly and severally liable for the execution of the
Contract in accordance with the Contract terms. Maximum number of
JV and other provision for JV shall be as per specified in the BDS. The

Procurement of Works Standard Bidding Document – ICB

Section 1 - Instructions to Bidders 1-9

qualification requirement of the parties to the JV shall be as specified in

Section 3; Evaluation and qualification Criteria, and

(b) the JV shall nominate a Representative who shall have the authority to
conduct all business for and on behalf of any and all the parties of the JV
during the bidding process and, in the event the JV is awarded the
Contract, during Contract execution.

4.2 A Bidder, and all parties constituting the Bidder, shall have the nationality of
Nepal or any country or eligible countries mentioned in the BDS. A Bidder shall
be deemed to have the nationality of a country if the Bidder is a citizen or is
constituted, or incorporated, and operates in conformity with the provisions of
the laws of that country. This criterion shall also apply to the determination of
the nationality of proposed sub-Contractors or suppliers for any part of the
Contract including related services.

4.3 A Bidder shall not have a conflict of interest. A Bidder found to have a conflict
of interest shall be disqualified. A Bidder may be considered to be in a conflict
of interest with one or more parties in this bidding process, if:

(a) they have controlling partners in common; or

(b) they receive or have received any direct or indirect subsidy from any of
them; or

(c) they have the same legal representative for purposes of this bid; or

(d) they have a relationship with each other, directly or through common third
parties, that puts them in a position to have access to information about or
influence on the Bid of another Bidder, or influence the decisions of the
Employer regarding this bidding process; or

(e) a Bidder participates in more than one bid in this bidding process.
Participation by a Bidder in more than one Bid will result in the
disqualification of all Bids in which the party is involved. However, this
does not limit the inclusion of the same sub-Contractor in more than one
bid; or

(f) a Bidder or any of its affiliates participated as a consultant in the preparation

of the design or technical specifications of the Contract that is the subject of
the Bid; or

(g) a Bidder or any of its affiliates has been hired (or is proposed to be hired) by
the Employer as Engineer for the Contract.

(h) a Bidder that has a close business or family relationship with a

professional staff of the Procuring Entity.

4.4 A firm that is under a declaration of ineligibility by the GoN/DP in accordance

with ITB 3, at the date of the deadline for bid submission or thereafter, shall be
disqualified. The list of debarred firm is available at the electronic address
specified in the BDS.

4.5 Enterprises owned by GoN shall be eligible only if they can establish that they
are legally and financially autonomous and operate under commercial law, and
that they are not a dependent agency of the GoN.

4.6 Bidders shall provide such evidence of their continued eligibility satisfactory to
the Employer, as the Employer shall reasonably request.

4.7 In case a prequalification process has been conducted prior to the bidding
process, this bidding is open only to prequalified Bidders.

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 Section 1 - Instructions to Bidders 1-10

4.8 Firms shall be excluded in any of the cases, if

(a) by an act of compliance with a decision of the United Nations Security

Council taken under Chapter VII of the Charter of the United Nations, the
Employer’s country prohibits any import of goods or Contracting of works
or services from that country or any payments to persons or entities in that
country.

(b) DP Funded: as a matter of law or official regulation, Nepal prohibits

commercial relations with that country, provided that the DP is satisfied that
such exclusion does not preclude effective competition for the supply of
goods or related services required;

(c) DP Funded: a firm has been determined to be ineligible by the DP in

relation to their guidelines or appropriate provisions on preventing and
combating fraud and corruption in projects financed by them.

4.9 Domestic Bidder shall be eligible only if the bidder has obtained Permanent
Account Number (PAN) and Value Added Tax (VAT) Registration
Certificate(s) and Tax Clearance Certificate or proof of submission of income
return as stated in BDS from the Inland Revenue Office. Foreign bidder shall be
eligible only if the bidder submits the documents indicated in the BDS at the
time of bid submission and a declaration to submit the document(s) indicated in
the BDS at the time of contract agreement.

4.10 Maximum number of running contracts that a Bidder, and all parties constituting
the Bidder can have shall be as specified in BDS. The bidders shall be considered
ineligible if number of running contracts exceeds the number as specified.

4.11 For the purpose of ITB 4.10 above, the bidder shall declare that the bidder,
and all parties constituting the Bidder have not running contracts constituting
the Bidder has participated in bidding processes of many public entities and
during that period the maximum number of contracts as specified saturates
due to issuance of letters of acceptance by a particular public entity, the bidder
shall inform in written to all other concerned public entities, where the bidder
have participated in bidding process, within three days of issuance of last letter
of acceptance that saturates the maximum number of contracts as specified.

5. Eligible Materials, 5.1 The materials, equipment and services to be supplied under the Contract shall
Equipment and have their origin in any source countries as defined in ITB 4.2 above and all
Services expenditures under the Contract will be limited to such materials, equipment,
and services. At the Employer’s request, Bidders may be required to provide
evidence of the origin of materials, equipment and services.

For purposes of ITB 5.1 above, “origin” means the place where the materials and
equipment are mined, grown, produced or manufactured, and from which the
services are provided. Materials and equipment are produced when, through
manufacturing, processing, or substantial or major assembling of components, a
commercially recognized product results that differs substantially in its basic
characteristics or in purpose or utility from its components.

B. Contents of Bidding Document

6. Sections of Bidding 6.1 The Bidding Document consist of Parts I, II, and III, which include all the
Document Sections indicated below, and should be read in conjunction with any
Addenda issued in accordance with ITB 8.

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 Section 1 - Instructions to Bidders 1-11

PART I Bidding Procedures

Section 1 - Instructions to Bidders (ITB)
Section 2 - Bid Data Sheet (BDS)
Section 3 - Evaluation and Qualification Criteria (EQC)
Section 4 - Bidding Forms (BDF)
PART II Requirements
Section 5 – Works Requirements (WRQ)
Section 6 – Bill of Quantities (BOQ)
PART III Conditions of Contract and Contract Forms
Section 7 - General Conditions of Contract (GCC)
Section 8 - Special Conditions of Contract (SCC)
Section 9 - Contract Forms (COF)

6.2 The Invitation for Bids issued by the Employer is not part of the Bidding
Document.

6.3 The Employer is not responsible for the completeness of the Bidding
Document and their Addenda, if they were not obtained directly from the
source stated by the Employer in the Invitation for Bids.

6.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document. Failure to furnish all information or
documentation required by the Bidding Document may result in the rejection
of the bid.

7. Clarification of 7.1 A prospective Bidder requiring any clarification of the Bidding Document
Bidding Document, shall contact the Employer in writing at the Employer’s address indicated in
Site Visit, Pre-Bid the BDS or raise any question or curiosity during the pre-bid meeting if
Meeting provided for in accordance with ITB 7.4. The Employer shall be required to
make available as soon as possible the answer to such question or curiosity in
writing to any request for clarification, provided that such request is received
as mentioned in BDS. The Employer shall forward copies of its response to all
Bidders who have acquired the Bidding Document in accordance with ITB
6.3, including a description of the inquiry but without identifying its source.
Should the Employer deem it necessary to amend the Bidding Document as a
result of a request for clarification, it shall do so following the procedure
under ITB 8 and ITB 22.2.

7.2 The Bidder is encouraged to visit and examine the Site of Works and its
surroundings and obtain for itself, on its own risk and responsibility, all
information that may be necessary for preparing the bid and entering into a
Contract for construction of the Works. The costs of visiting the Site shall be
at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted permission by
the Employer to enter upon its premises and lands for the purpose of such
visit, but only upon the express condition that the Bidder, its personnel, and
agents will release and indemnify the Employer and its personnel and agents
from and against all liability in respect thereof, and will be responsible for
death or personal injury, loss of or damage to property, and any other loss,
damage, costs, and expenses incurred as a result of the inspection.
7.4 The Bidder’s designated representative is invited to attend a pre-bid meeting,
if provided for in the BDS. The purpose of the meeting will be to clarify

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 Section 1 - Instructions to Bidders 1-12

issues and to answer questions on any matter that may be raised at that stage.
7.5 The Bidder is requested, as far as possible, to submit any questions in writing,
to reach the Employer as mentioned in BDS.
7.6 Minutes of the pre-bid meeting, including the text of the questions raised,
without identifying the source, and the responses given, together with any
responses prepared after the meeting, will be transmitted promptly to all
Bidders who have acquired the Bidding Document in accordance with ITB
6.3. Any modification to the Bidding Document that may become necessary
as a result of the pre-bid meeting shall be made by the Employer exclusively
through the issue of an addendum pursuant to ITB 8 and not through the
minutes of the pre-bid meeting.
7.7 Non attendance at the pre-bid meeting will not be a cause for disqualification
of a Bidder.

8. Amendment of 8.1 At any time prior to the deadline for submission of bids, the Employer may
Bidding Document amend the Bidding Document by issuing addenda.

8.2 Any addendum issued shall be part of the Bidding Document and shall be
communicated in writing to all who have obtained the Bidding Document
from the Employer in accordance with ITB 6.3.

8.3 To give prospective Bidders reasonable time in which to take an addendum

into account in preparing their bids, the Employer may, at its discretion,
extend the deadline for the submission of bids, pursuant to ITB 22.2.
However, the time available to submit bids shall not be less than five (5) days
since amendment in bidding document.

C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and submission
of its Bid, and the Employer shall in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the bidding process.

10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the bid
exchanged by the Bidder and the Employer, shall be written in the language
specified in the BDS. Supporting documents and printed literature that are
part of the Bid may be in another language provided they are accompanied by
an accurate translation of the relevant passages in the language specified in
the BDS, in which case, for purposes of interpretation of the Bid, such
translation shall govern.

11. Documents 11.1 The Bid shall comprise two envelopes submitted simultaneously, one called
Comprising the Bid the Technical Bid containing the documents listed in ITB 11.2 and the other
the Price Bid containing the documents listed in ITB 11.3, both envelopes
enclosed together in an outer single envelope.

11.2 The Technical Bid shall comprise the following:

(a) Letter of Technical Bid;

(b) Completed Schedules, in accordance with ITB 12;

(c) Bid Security, in accordance with ITB 19;

(d) Alternative Technical Bids, at Bidder’s option and if permissible, in

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 Section 1 - Instructions to Bidders 1-13

accordance with ITB 13;

(e) Written confirmation authorizing the signatory of the Bid to commit the
Bidder, in accordance with ITB 20.2;

(f) Documentary evidence in accordance with ITB 17 establishing the

Bidder’s qualifications to perform the Contract;

(g) Technical Proposal in accordance with ITB 16;

(h) In the case of a bid submitted by a JV, the JV agreement, or letter of

intent to enter into a JV including a draft agreement, indicating at least
the parts of the Works to be executed by the respective partners; and

(i) any other required documents, which is not against the provision of
Procurement Act/Regulation/Directives and Standard Bidding Document
issued by PPMO as specified in the BDS.

11.3 The Price Bid shall comprise the following:

(a) Letter of Price Bid;

(b) completed Bill of Quantities, Price Schedules, in accordance with ITB 12
and ITB 14, or as stipulated in the BDS;

(c) alternative price Bids, at Bidder’s option and if permissible, in accordance

with ITB 13;
(d) Any other document required in the BDS.

11.4 The Bidder is solely responsible for the authenticity of the documents
submitted by the Bidder.

11.5 The Technical Bid shall not include any financial information related to
the Price Bid. A Technical Bid containing such material financial
information shall be declared non-responsive.

12. Letter of Bid and 12.1 The Letter of Technical Bid and Priced Bid, Schedules, and all documents
Schedules listed under Clause 11, shall be prepared using the relevant forms in Section 4
(Bidding Forms), if so provided. The forms must be completed without any
alterations to the text, and no substitutes shall be accepted. All blank spaces
shall be filled in with the information requested.

13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative bids shall not be
considered.

13.2 When alternative times for completion are explicitly invited, a statement to
that effect will be included in the BDS, as will the method of evaluating
different times for completion.

13.3 When specified in the BDS pursuant to ITB 13.1, and subject to ITB 13.4
below, Bidders wishing to offer technical alternatives to the requirements of
the Bidding Document must first price the Employer’s design as described in
the Bidding Document and shall further provide all information necessary for
a complete evaluation of the alternative by the Employer, including drawings,
design calculations, technical specifications, breakdown of prices, and
proposed construction methodology and other relevant details.

13.4 When specified in the BDS, Bidders are permitted to submit alternative
technical solutions for specified parts of the Works. Such parts will be
identified in the BDS and described in Section 5 (Employer’s Requirements).
The method for their evaluation will be stipulated in Section 3 (Evaluation and

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 Section 1 - Instructions to Bidders 1-14

Qualification Criteria).

14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter of Price Bid and
Discounts in the Schedules shall conform to the requirements specified below.

14.2 The Bidder shall submit a Price bid for the whole of the works described in
ITB 1.1 by filling in prices for all items of the Works, as identified in Section
4 (Bidding Forms). In case of Unit Rate Contracts, the Bidder shall fill in rates
and prices for all items of the Works described in the Bill of Quantities. Items
against which no rate or price is entered by the Bidder will not be paid for by
the Employer when executed and shall be deemed covered by the rates for
other items and prices in the Bill of Quantities.
14.3 The price to be quoted in the Letter of Price Bid shall be the total price of the
Bid, excluding any discounts offered.
14.4 Unconditional discounts, if any, and the methodology for their application shall
be quoted in the Letter of Price Bid, in accordance with ITB 12.1.
14.5 If so indicated in ITB 1.1 and ITB 36.4, bids are invited for individual
Contracts or for any combination of Contracts (packages). Bidders wishing to
offer any price reduction for the award of more than one Contract shall
specify in their bid the price reductions applicable to each package, or
alternatively, to individual Contracts within the package. Price reductions or
discounts shall be submitted in accordance with ITB 14.3, provided the bids
for all Contracts are submitted and opened at the same time.
14.6 Unless otherwise provided in the BDS and the Conditions of Contract, the
prices quoted by the Bidder shall be fixed. If the prices quoted by the Bidder
are subject to adjustment during the performance of the Contract in
accordance with the provisions of the Conditions of Contract, the Bidder shall
furnish the indices and weightings for the price adjustment formulae in the
Table of Adjustment Data in Section 4 (Bidding Forms) and the Employer
may require the Bidder to justify its proposed indices and weightings.
14.7 The bidder is subject to local taxes such as VAT, social charges or income
taxes on nonresident international personnel, and also duties, fees, levies on
amounts payable by the employer under the Contract. All duties, taxes, and
other levies payable by the Contractor under
the Contract, or for any other cause, as of the date 30 days prior to the
deadline for submission of bids, shall be included in the rates and prices and
the total bid price submitted by the Bidder.

15. Currencies of Bid 15.1 The unit rates and the prices shall be quoted by the bidder entirely in Nepalese
and Payment currency if not otherwise specified in the BDS.

15.2 Bidders shall indicate the portion of the bid price that corresponds to
expenditures incurred in Nepalese currency in the Schedule of Payment
Currencies included in Section 4 (Bidding Forms).

15.3 Bidders expecting to incur expenditures in other currencies for inputs to the
Works supplied from outside the Employer’s country and wishing to be paid
accordingly may indicate up to three convertible foreign currencies included in
daily publication of Nepal Rastra Bank foreign currency exchange rate in the
Schedule of Payment Currencies included in Section 4 (Bidding Forms).

15.4 The rates of exchange to be used by the bidder for currency conversion during
bid preparation shall be the selling rates for similar transactions prevailing on
the date 30 days prior to the deadline for submission of bids published by
Nepal Rastra Bank. Bidders should note that for the purpose of payments, the
exchange rates confirmed by Nepal Rastra Bank as the selling rates prevailing
30 days prior to the deadline for submission of bids shall apply for the

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 Section 1 - Instructions to Bidders 1-15

duration of the Contract so that no currency exchange risk is borne by the

bidder.

15.5 Foreign currency requirements indicated by the bidders in the Schedule of

Payment Currencies shall include but not limited to the specific requirements
for

(a) expatriate staff and labor employed directly on the Works;

(b) social, insurance, medical and other charges relating to such expatriate
staff and labor, and foreign travel expenses;
(c) imported materials, both temporary and permanent, including fuels, oil
and lubricants required for the Works;
(d) depreciation and usage of imported Plant and Contractor's Equipment,
including spare parts, required for the Works;
(e) foreign insurance and freight charges for imported materials, Plant and
Contractor's Equipment, including spare parts; and
(f) overhead expenses, fees, profit, and financial charges arising outside the
Employer's country in connection with the Works.
15.6 Bidders may be required by the Employer to clarify their foreign currency
requirements, and to substantiate that the amounts included in the unit rates
and prices and shown in the Schedule of Payment Currencies are reasonable
and responsive to ITB 15.3 above, in which case a detailed breakdown of its
foreign currency requirements shall be provided by the Bidder.

15.7 Bidders should note that during the progress of the Works, the foreign currency
requirements of the outstanding balance of the Contract Price may be adjusted
by agreement between the Employer and the Contractor in order to reflect any
changes in foreign currency requirements for the Contract, in accordance with
Sub-Clause 14.15 of the Conditions of Contract. Any such adjustment shall be
effected by comparing the percentages quoted in the bid with the amounts
already used in the Works and the Contractor's future needs for imported items.

16. Documents 16.1 The Bidder shall furnish a Technical Proposal including a statement of work
Comprising the methods, equipment, personnel, schedule and any other information as
Technical Proposal stipulated in Section 4 (Bidding Forms), in sufficient detail to demonstrate the
adequacy of the Bidders’ proposal to meet the work requirements and the
completion time.

17. Documents 17.1 To establish its qualifications to perform the Contract in accordance with
Establishing the Section 3 (Evaluation and Qualification Criteria) the Bidder shall provide the
Qualifications of the information requested in the corresponding information sheets included in
Bidder Section 4 (Bidding Forms).

17.2 Domestic Bidders, individually or in joint ventures, applying for eligibility for
domestic preference shall supply all information required to satisfy the criteria
for eligibility as described in ITB 34 if margin of preference for domestic
bidders is applicable in accordance with ITB 34.

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 Section 1 - Instructions to Bidders 1-16

18. Period of Validity of 18.1 Bids shall remain valid for the period specified in the BDS after the bid
Bids submission deadline date prescribed by the Employer. If the prescribed bid
submission deadline date falls on a government holiday, then the next
working day shall be considered as the bid submission deadline date. In
such case the validity period of the bids shall be considered from the original
bid submission deadline date. A bid valid for a shorter period shall be
rejected by the Employer as non-responsive.

18.2 In exceptional circumstances, prior to the expiration of the bid validity period, the
Employer may request Bidders to extend the period of validity of their Bids. The
request and the responses shall be made in writing. If a bid security is requested in
accordance with ITB 19, it shall also be extended 30 days beyond the deadline of
the ` period. A Bidder may refuse the request without forfeiting its bid security. A
Bidder granting the request shall not be required or permitted to modify its Bid
and to include any additional conditions against the provisions specified in Bid
Documents.

19. Bid Security 19.1 The Bidder shall furnish as part of its bid, in original form, a bid security as
specified in the BDS. In case of e-submission of bid, the Bidder shall upload
scanned copy of Bid security letter at the time of electronic submission of the bid.
The Bidder accepts that the scanned copy of the Bid security shall, for all
purposes, be equal to the original. The details of original Bid Security and the
scanned copy submitted with e-bid should be the same otherwise the bid shall be
non-responsive.

19.2 The bid security shall be, at the Bidder’s option, in any of the following forms:

(a) an unconditional bank guarantee from Commercial Bank or Financial

Institution eligible to issue Bank Guarantee as per prevailing Law or;

(b) a cash deposit voucher in the Employer's Account as specified in BDS.

In the case of a bank guarantee, the bid security shall be submitted

either using the Bid Security Form included in Section IV (Bidding
Forms) or in another Form acceptable to the employer. The form must include
the complete name of the Bidder. The bid security shall be valid for minimum
thirty (30) days beyond the original validity period of the bid, or beyond any
period of extension if requested under ITB 18.2.

19.3 The bid security issued by any foreign Bank outside Nepal must be counter
guaranteed by a Commercial Bank or Financial Institution eligible to issue
Bank Guarantee as per prevailing Law in Nepal.

19.4 Any bid not accompanied by an enforceable and substantially compliant bid
security, if required in accordance with ITB 19.1, shall be rejected by the
Employer as nonresponsive. In case of e- Submission, if the scanned copy of an
acceptable Bid Security letter is not uploaded with the electronic Bid then Bid shall
be rejected.

19.5 The bid security of unsuccessful Bidders shall be returned within three days,
once the successful bidder has furnished the required performance security
and signed the Contract Agreement pursuant to ITB 41.1 and ITB 42.1.

19.6 The bid security shall be forfeited if:

(a) a Bidder requests for withdrawal or modification of its bid, except as

provided in ITB 18.2:
(i) during the period of bid validity specified by the Bidder on the Letter of
Technical Bid and Price Bid, in case of electronic submission;

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 Section 1 - Instructions to Bidders 1-17

(ii) from the period twenty-four hours prior to bid submission deadline up to the
period of bid validity specified by the Bidder on the Letter of Technical
Bid and Price Bid, in case of hard copy submission.
(b) a Bidder changes the prices or substance of the bid while providing
information pursuant to clause 27.1;
(c) a Bidder involves in fraud and corruption pursuant to clause 3.1;
(d) the successful Bidder fails to:
(i) furnish a performance security in accordance with ITB 41.1;

(ii) sign the Contract in accordance with ITB 42.1; or

(iii) accept the correction of arithmetical errors pursuant to clause 32 ;

19.7 The Bid Security of a JV shall be in the name of the JV that submits the bid. If
the JV has not been legally constituted at the time of bidding, the Bid Security
shall be in the names of all future partners as named in the letter of intent
mentioned in ITB 4.1.

20. Format and Signing 20.1 The Bidder shall prepare one original of the documents comprising the bid as
of Bid described in ITB 11 and clearly mark it “ORIGINAL”. Alternative bids, if
permitted in accordance with ITB 13, shall be clearly marked
“ALTERNATIVE”. In addition, the Bidder shall submit copies of the bid in
the number specified in the BDS, and clearly mark each of them “COPY.” In
the event of any discrepancy between the original and the copies, the original
shall prevail.

In case of e-submission of bid, the Bidder shall submit his bid

electronically in PDF or web forms files as specified in ITB Clause 21.1(b),
If a Bidder submits both the electronic bid and a bid in hard copy within the bid
submission deadline, then the submitted Bids shall be accepted for evaluation
provided that the facts and figures in hard copy confirm to those in electronic bid.
If there is any major discrepancy in fact and figures in the electronic bid and bid in
hard copy, it shall be treated as two separate bids from one Bidder and both the
Bids shall be disqualified, as per ITB Clause 4.3 (e).

20.2 The original and all copies of the bid shall be typed or written in indelible ink
and shall be signed by a person duly authorized to sign on behalf of the
Bidder. This authorization shall consist of a written confirmation as specified
in the BDS and shall be attached to the bid. The name and position held by
each person signing the authorization must be typed or printed below the
signature. All pages of the bid, except for unamended printed literature, shall
be signed or initialed by the person signing the bid.

20.3 Any amendments such as interlineations, erasures, or overwriting shall be valid

only if they are signed or initialed by the person signing the bid.

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 Section 1 - Instructions to Bidders 1-18

D. Submission and Opening of Bids

21. Sealing and 21.1 Bidders may always submit their bids by mail or by hand or by courier. When
Marking of Bids so specified in the BDS, bidders shall have the option of submitting their bids
electronically. Procedures for submission, sealing and marking are as follows:

(a) Bidders submitting bids by mail, by hand or by courier

i. Bidders shall enclose the original of the Technical Bid, and the original of
the Price Bid and each copy of the Technical Bid and Price Bid,
including alternative bids, if permitted in accordance with ITB 13, in
separate sealed envelopes, duly marking the envelopes as : “ORIGINAL
TECHNICAL BID”,“ORIGINAL PRICE BID”, “ALTERNATIVE BID”
and “COPY OF TECHNICAL BID” and “COPY OF PRICE BID”. These
envelopes containing the original and the copies shall then be enclosed in
one single envelope.
ii. The inner and outer envelopes shall:
(aa) bear the name and address of the Bidder;
(bb) be addressed to the Employer as provided in BDS 22.1;
(cc) bear the specific identification of this bidding process indicated
in BDS 1.1;
(dd) The outer envelope and the inner envelope containing Technical Bid
shall bear a warning not to open before the time and date for the
opening of Technical Bid in accordance with ITB 25.1.
iii. The inner envelope containing the Price Bid shall bear a warning not to
open until advised by the Employer in accordance with ITB 25.7
iv. If all envelopes are not sealed and marked as required, the Employer
will assume no responsibility for the misplacement or premature
opening of the bid.
(b) Electronic Bid Submission Procedures : Bidders submitting Bids electronically
shall follow the electronic bid submission procedure specified in this clause as
follows:
i. For e-submission, the bidder is required to register in the e-GP portal
https://www.bolpatra.gov.np. for downloading and submitting the bid
electronically.
ii. Interested bidders may either purchase the bidding documents from the
employer's office as specified in the invitation for bid (IFB) or bidders
registered in the e-GP portal of PPMO may download the bidding
document from http://www.bolpatra.gov.np after login. If bidders choose
to download the bidding document and submit the bid electronically, then
the cost of the bidding document shall be deposited as specified in IFB.
In addition, electronic scanned copy (.pdf format) of the bank deposit
voucher/cash receipt should also be submitted along with the electronic
bid files.
iii. The bidder shall then prepare/fill the documents and forms included in
the issued bid documents or the downloaded bid documents from the e-
GP portal of PPMO - http://www.bolpatra.gov.np. as applicable. The
required documents and forms shall be prepared in PDF form and/or
shall be filled in the web forms in the e-GP system as specified below:

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Section 1 - Instructions to Bidders 1-19

Technical Bid:

S. Document Requirement Remarks

N.
1 Letter of Technical Bid Mandatory PDF/Web
Forms
2 Bid Security (Bank
Mandatory PDF
Guarantee)
3 Company/Firm
Mandatory PDF
Registration Certificate
4 VAT registration
Mandatory PDF
Certificate
(for domestic
bidders and
resident
foreign
bidders only)
5 Tax Clearance
Mandatory PDF
Certificate/Tax return
submission (for domestic
evidence/evidence of time bidders and
extension resident
foreign
bidders only)
6 Power of Attorney of Bid
Mandatory PDF
signatory
7 Business Registration
Mandatory, if PDF
(Licence) Certificate
Applicable
8 Bank Voucher for cost of
Mandatory PDF
bid document
9 Joint venture agreement
Mandatory in PDF
case of
JV Bids Only
10 Qualification Information
Mandatory Web Forms (Experience,
Turnover, etc.)
11 Additional Document , if
Mandatory PDF
any

Price Bid;

S. Document Requirement Remarks

N.
1 Letter of Price Bid Mandatory PDF/Web Forms
2 Applicable Price
Mandatory Web Forms
Adjustment Table
If applicable

3 Completed BOQ or Price

Mandatory Web Forms
Schedule

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 Section 1 - Instructions to Bidders 1-20

Note:
a) The documents specified as “Mandatory” should be included in e-
submission and non-submission of the documents shall be considered as
non-responsive bid.

b) Bidders (all partners in case of JV) should verify/update their profile

documents as appropriate for the specific bid before submitting their bid
electronically.

iv) The Bidder shall then upload the PDF bid files and submit the complete bid
online through e-GP portal of PPMO- http://www.bolpatra.gov.np within the
specified date and time.
v) Bidders are advised to download the bid submission report to ensure that all
the documents/ files are up to date and complete.
vi) The Bidder / Bid shall meet the following requirements and conditions for e-
submission of bids;

aa) The e-submitted bids must be readable through open standards interfaces.
Unreadable and or partially submitted bid files shall be considered
incomplete and rejected for further bid evaluation.
bb) In addition to electronically submitted PDF files/web forms, the Bidder
shall be required to submit original bid security letter/ documents and
clarifications as specified in ITB Clause 27. If a bidder does not submit the
original Bid security letter and requested documents and or clarifications
within the specified time limit then the bid shall not be considered for
further evaluation.
cc) If major discrepancy is found between the electronically submitted PDF bid
files and the documents/ clarifications provided by the Bidder as per ITB
Clause 27, then the bid shall not be considered for further evaluation.
dd) The facility for submission of bid electronically through e-submission is to
promote transparency, non-discrimination, equality of access, and open
competition in the bidding process. The Bidders are fully responsible to use
the e- submission facility properly in e-GP portal of PPMO-
http://www.bolpatra.gov.np as per specified procedures and in no case the
Employer shall be held liable for Bidder's inability to use this facility.
ee) When a bidder submits electronic bid through the PPMO e-GP portal, it is
assumed that the bidder has prepared the bid by studying and examining the
complete set of the Bidding documents including specifications, drawings
and conditions of contract.
ff) Bidders who submit electronic bid should deposit the bidding document fee
as specified in IFB and upload the scan copy (in pdf format) of the deposit
voucher at the time of bid submission. The deposited amount shall be
verified by the Employer during the bid evaluation process. The submitted
Bid shall be non-responsive and shall not be evaluated if the cost for
bidding document is not deposited as specified in the IFB.

22. Deadline for 22.1 Bids must be received by the Employer at the address and no later than the
Submission of Bids date and time indicated in the BDS.

In case of e-submission, the standard time for e-submission is Nepal Standard

Time as set out in the server. The e-procurement system will accept the e-
submission of bid from the date of publishing of notice and will automatically
not allow the e-submission of bid after the deadline for submission of bid.

22.2 The Employer may, at its discretion, extend the deadline for the submission of

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 Section 1 - Instructions to Bidders 1-21

bids by amending the Bidding Document in accordance with ITB 8, in which

case all rights and obligations of the Employer and Bidders previously subject
to the deadline shall thereafter be subject to the deadline as extended.

23. Late Bids 23.1 The Employer shall not consider any bid that arrives after the deadline for
submission of bids, in accordance with ITB 22. Any bid received by the
Employer after the deadline for submission of bids shall be declared late,
rejected, and returned unopened to the Bidder.

24. Withdrawal, and 24.1 A Bidder may withdraw, or modify its bid after it has been submitted either
Modification of Bids in hard copy or by e-submission. Procedures for withdrawal or modification of
submitted bids are as follows:

(i) Bids submitted in hard Copy

a) Bidders may withdraw or modify its bids by sending a written notice in a
sealed envelope, duly signed by an authorized representative, and shall
include a copy of the authorization in accordance with ITB 20.2 before
24 hours prior to the deadline of submission of bids. The corresponding
modification of the bid must accompany the respective written notice. All
notices must be:
(aa) prepared and submitted in accordance with ITB 20 and ITB 21,and
in addition, the respective envelopes shall be clearly marked
“WITHDRAWAL”, “MODIFICATION;” and
(bb) received by the Employer twenty four hour prior to the deadline
prescribed for submission of bids, in accordance with ITB 22.
(cc) The bidder shall clearly specify on envelope whether
“MODIFICATION”’ is of Technical Bid or Price Bid.
ii) E-submitted bids.
a) Bidder may submit modification or withdrawal prior to the deadline
prescribed for submission of bid through e-GP system by using the
forms and instructions provided by the system. Once a Bid is
withdrawn, bidder will not be able to submit another bid response for
the same bid.

24.2 Bids requested to be withdrawn in accordance with ITB 24.1 shall be returned
unopened to the Bidders after completion of the bid opening.

24.3 Bidder may submit request for withdrawal or modification only one time.

24.4 No bid may be withdrawn if the bid has already been modified.

24.5 Except in case of any modification or correction in bid document made by

procuring entity, Bidder may submit request for withdrawal or modification
only one time.

24.6 In case of hard copy bid, no bid may be withdrawn if the bid has already been
modified; except in case of any modification or correction in bid document by
procuring entity.

24.7 Request for withdrawal or modification must be made through the same
medium of submission. Request for withdrawal or modifications through
different medium shall not be considered.

24.8 The following provisions apply for withdrawal or modification of the Bids:
(i) In case of bids submitted in hard copy no bid shall be withdrawn or modified
in the interval between 24 hours prior to the deadline for submission of
bids and the expiration of the period of bid validity specified by the Bidder

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 Section 1 - Instructions to Bidders 1-22

on the Letter of Bid or any extension thereof.

(ii) In case of e-submitted bids no bids shall be withdrawn or modified in the

interval between deadline for submission of bids and the expiration of the period of
bid validity specified by the Bidder on the Letter of Bid or any extension thereof.

25. Bid Opening 25.1 The Employer shall open the bids in public at the address, date and time
specified in the BDS in the presence of Bidders` designated representatives and
anyone who choose to attend. Then the Employer shall segregates the Technical
Bid and Price Bid separately. The Price Bids will remain unopened and will be
held in custody of the Employer until the specified time of their opening. If
the Technical Bid and Price Bid are submitted together in one inner envelope,
the Employer may reject the entire Bid.

25.2 The Employer shall download the e-submitted Bid files. The e-procurement
system allows the Employer to download the e-submitted bid files (report) only
after bid opening date and time after login simultaneously by at least two
members of the Bid opening committee.

25.3 After downloading the each e-bid, electronically submitted Technical Bid
shall be opened at first in the same time and date as specified above.
Electronic Bids shall be opened one by one and read out. The e-submitted
technical bids must be readable through open standards interfaces. Unreadable
and or partially submitted bid files shall be considered incomplete.

25.4 Thereafter, envelopes marked “WITHDRAWAL” shall be opened and read

out and the envelope with the corresponding Bid shall not
be opened, but returned to the Bidder. No bid withdrawal shall be permitted
unless the corresponding withdrawal notice contains
a valid authorization to request the withdrawal and is read out
at bid opening. Next, envelopes marked “MODIFICATION”
shall be opened and read out with the corresponding bid. No
Technical Bid and/or Price Bid modification shall be permitted unless the
corresponding modification notice contains a valid authorization to request
the modification and is read out and recorded at bid opening. Only the
Technical Bid, both Original as well as Modification, are to be opened, read
out, and recorded at the opening. Price Bids, both Original and Modification,
will remain unopened in accordance with ITB 25.1.

25.5 All other envelopes holding the Technical Bid shall be opened one at a
time, reading out: the name of the Bidder; whether there is a modification; the
presence of a bid security and any other details as the Employer may consider
appropriate. Only Technical Bids read out and recorded at bid opening shall be
considered for evaluation. No bid shall be rejected at opening of Technical Bids
except for late bids, in accordance with ITB 23.1.

25.6 The Employer shall prepare a record of the opening of Technical Bids that shall
include, as a minimum: the name of the Bidder and whether there
is a withdrawal, or modification; and
the presence or absence of a bid security. The Bidders’ representatives who are
present shall be requested to sign the record. The omission of a Bidder’s
signature on the record shall not invalidate the contents and effect of the record.

25.7 At the end of the evaluation of the Technical Bids, the Employer will invite
bidders who have submitted substantially responsive Technical Bids and who
have been determined as being qualified for award to attend the opening of the
Price Bids. The date, time, and location of the opening of Price Bids will be
advised in writing by the Employer. Bidders shall be given at least 15 days'
notice for the opening of Price Bids.

25.8 The Employer will notify Bidders in writing who have been rejected on the
grounds of their Technical Bids being substantially nonresponsive to the

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 Section 1 - Instructions to Bidders 1-23

requirements of the Bidding Document and return their Price Bids unopened.

25.9 The Employer shall conduct the opening of Price Bids of all Bidders who
submitted substantially responsive Technical Bids, in the presence of Bidders`
representatives who choose to attend at the address, on the date, and time
specified by the Employer. The Bidder’s representatives who are present shall
be requested to sign a register evidencing their attendance.

25.10 All envelopes containing Price Bids shall be opened one at a time and the
following read out and recorded:

a) the name of the Bidder;

b) whether there is a modification;
c) the Bid Prices, including any discounts and alternative offers; and
d) any other details as the Employer may consider appropriate.

Only Price Bids, discounts, modifications, and alternative offers read out and
recorded during the opening of Price Bids shall be considered for evaluation..
No Bid shall be rejected at the opening of Price Bids.

25.11 The Employer shall prepare a record of the opening of Price Bids that shall
include, as a minimum, the name of the Bidder, the Bid Price (per lot if
applicable), any discounts, modifications and alternative offers. The Bidders’
representatives who are present shall be requested to sign the record. The
omission of a Bidder’s signature on the record shall not invalidate the contents
and effect of the record.

E. Evaluation and Comparison of Bids

26. Confidentiality 26.1 Information relating to the examination, evaluation, comparison, and post
qualification of bids and recommendation of Contract award, shall not be
disclosed to Bidders or any other persons not officially concerned with such
process until information on Contract award is communicated to all Bidders.

26.2 Any attempt by a Bidder to influence the Employer in the evaluation of the bids
or Contract award decisions may result in the rejection of its bid.

26.3 Notwithstanding ITB 26.2, from the time of bid opening to the time of
Contract award, if any Bidder wishes to contact the Employer on any matter
related to the bidding process, it may do so in writing.

27. Clarification of Bids 27.1 To assist in the examination, evaluation, and comparison of the Technical
and Price Bids, and qualification of the Bidders, the Employer may, at its
discretion, ask any Bidder for a clarification of its Bid. Any clarification
submitted by a Bidder that is not in response to a request by the Employer shall
not be considered. The Employer’s request for clarification and the response shall
be in writing. No change in the substance of the Technical Bid or prices in the
Price Bid shall be sought, offered, or permitted, except to confirm the correction
of arithmetic errors discovered by the Employer in the evaluation of the Price
Bids. In case of e-submission of bid, upon notification from the employer, the
bidder shall also submit the original of documents comprising the Technical and
Price Bid as per ITB 11 for verification of submitted documents for acceptance of
the e-submitted bid.

27.2 If a Bidder does not provide clarifications of its bid by the date and time set in
the Employer’s request for clarification, its bid may be rejected.

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 Section 1 - Instructions to Bidders 1-24

28. Deviations, 28.1 During the evaluation of bids, the following definitions apply:
Reservations, and
Omissions a) “Deviation” is a departure from the requirements specified in the Bidding
Document;

b) “Reservation” is the setting of limiting conditions or withholding from

complete acceptance of the requirements specified in the Bidding
Document; and

c) “Omission” is the failure to submit part or all of the information or

documentation required in the Bidding Document.

29. Determination of 29.1 The Employer’s determination of a bid’s responsiveness is to be based on the
Responsiveness contents of the bid itself, as defined in ITB11.

29.2 A substantially responsive Technical Bid is one that meets the requirements of the
Bidding Document without material deviation, reservation, or omission. A
material deviation, reservation, or omission is one that,

(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or performance of
the Works specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the Bidding
Document, the Employer’s rights or the Bidder’s obligations under
the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of other
Bidders presenting substantially responsive bids.

29.3 The Employer shall examine the technical aspects of the Bid submitted in
accordance with ITB 16, Technical Proposal, in particular, to confirm that all
requirements of Section 5 (Works Requirements) have been met without any
material deviation, reservation or omission.

29.4 If a bid is not substantially responsive to the requirements of the Bidding

Document, it shall be rejected by the Employer and may not subsequently be
made responsive by correction of the material deviation, reservation, or
omission.

29.5 In case of e-submission bids, the Employer evaluates the bid on the basis of the
information in the electronically submitted bid files. If the Bidder cannot
substantiate or provide evidence to establish the information provided in e-
submitted bid through documents/ clarifications as per ITB Clause 27, the
bid shall not be considered for further evaluation.

29.6 In Case, a corruption case is being filed to Court against the Natural Person or
Board of Director of the firm/institution /company or any partner of JV, such
Natural Person or Board of Director of the firm/institution /company or any
partner of JV such bidder’s bid shall be excluded from the evaluation, if public
entity receives instruction from Government of Nepal.

29.7 Except in case of e-submission, the Financial Bid of the bidder, which is evaluated
as substantially non-responsive in technical bid, shall be returned to the
respective bidders.

30. Nonconformities, 30.1 Provided that a bid is substantially responsive, the Employer may waive any
Errors, and nonconformities in the bid that do not constitute a material deviation, reservation or
Omissions omission.

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 Section 1 - Instructions to Bidders 1-25

30.2 Provided that a Technical Bid is substantially responsive, the Employer may
request that the Bidder submit the necessary information or documentation,
within a reasonable period of time, to rectify nonmaterial nonconformities in the
Technical Bid related to documentation requirements. Requesting information or
documentation on such nonconformities shall not be related to any aspect of the
Price Bid. Failure of the Bidder to comply with the request may result in the
rejection of its bid.

30.3 Provided that a Technical bid is substantially responsive, the Employer shall
rectify quantifiable nonmaterial nonconformities related to the Bid Price. To
this effect, the Bid Price may be adjusted, for comparison purposes only, to
reflect the price of a missing or non-conforming item or component. The
adjustment shall be made using the methods indicated in Section 3
(Evaluation and Qualification Criteria).

30.4 If minor discrepancies are found such as in technical specification, description,

feature which do not make the bid to be rejected, then the cost, which is
calculated to the extent possible due to such differences shall be included
while evaluating the bid.

30.5 If the value of such non-conformities is found to be more than fifteen percent of
the quoted amount of the bidder on account of minor discrepancies pursuant to
ITB 30.4, such bid shall be considered ineffective in substance and shall not be
involved in evaluation.
31. Qualification of the
Bidder 31.1 The Employer shall determine to its satisfaction during the evaluation of
Technical Bids whether Bidders meet the qualifying criteria specified in
Section 3 (Evaluation and Qualification Criteria).

31.2 The determination shall be based upon an examination of the documentary

evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to
ITB 17.

31.3 An affirmative determination of qualification shall be a prerequisite for the

opening and evaluation of a Bidder’s Price Bid. A negative determination
shall result into the disqualification of the Bid, in which event the Employer
shall return the unopened Price Bid to the Bidder.

32. Correction of 32.1 During the evaluation of Price Bids, the Employer shall correct arithmetical
Arithmetical Errors errors on the following basis:

(a) only for unit price Contracts, if there is a discrepancy between the unit
price and the total price that is obtained by multiplying the unit price and
quantity, the unit price shall prevail and the total price shall be corrected,
unless in the opinion of the Employer there is an obvious misplacement
of the decimal point in the unit price, in which case the total price as
quoted shall govern and the unit price shall be corrected;

(b) if there is an error in a total corresponding to the addition or subtraction

of subtotals, the subtotals shall prevail and the total shall be corrected;
and

(c) if there is a discrepancy between words and figures, the amount in words
shall prevail, unless the amount expressed in words is related to an
arithmetic error, in which case the amount in figures shall prevail subject
to (a) and (b) above.

32.2 If the Bidder that submitted the lowest evaluated bid does not accept the
correction of errors, its bid shall be disqualified and its bid security may be
forfeited.

33. Conversion to Single 33.1 For evaluation and comparison purposes, the currency (ies) of the bid shall

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 Section 1 - Instructions to Bidders 1-26

Currency be converted into a single currency as specified in the BDS.

34. Domestic Preference 34.1 Unless otherwise specified in the BDS, a domestic preference shall be a
factor in bid evaluation.

35. Subcontractors 35.1 The Employer may permit subcontracting for certain specialized works as
indicated in Section 3. When subcontracting is permitted by the Employer,
the specialized sub-contractor’s experience shall be considered for evaluation.
Section 3 describes the qualification criteria for sub-contractors.

Bidders may propose subcontracting up to the percentage of total value of

contracts or the volume of works as specified in the BDS.
36. Evaluation of Price 36.1 The Employer shall evaluate Price Bid of each bid for which the Technical Bid
Bids has been determined to be substantially responsive. The Employer shall use the
criteria and methodologies listed in this Clause. No other evaluation criteria or
methodologies shall be permitted.
36.2 To evaluate a Price bid, the Employer shall consider the following:
(a) the bid price, excluding Value Added Tax , Provisional Sums, and the
provision, if any, for contingencies in the Summary Bill of Quantities, for Unit
Rate Contracts, or Schedule of Prices for lump sum Contracts, but including
Day work items, where priced competitively;
(b) adjustment for correction of arithmetic errors in accordance with ITB 32;
(c) adjustment due to discounts offered in accordance with ITB 14.4;
(d) converting the amount resulting from applying (a) to (c) above, if
relevant, to a single currency in accordance with ITB 33;

(e) adjustment for nonconformities in accordance with ITB 30.3;

(f) application of all the evaluation factors indicated in Section 3 (Evaluation
and Qualification Criteria);
36.3 The estimated effect of the price adjustment provisions of the Conditions of
Contract, applied over the period of execution of the Contract, shall not be
taken into account in bid evaluation.
36.4 If this Bidding Document allows Bidders to quote separate prices for different
lots Contracts, and to award multiple Contracts to a single Bidder as specified
in BDS, the methodology to determine the lowest evaluated price of the
Contract combinations, including any discounts offered in the Letter of Bid, is
specified in Section 3 (Evaluation and Qualification Criteria).
36.5 if the bid for an Unit Rate Contract, which results in the lowest Evaluated Bid
Price is seriously unbalanced or front loaded or extremely low in the
opinion of the Employer, the Employer may require the Bidder to produce
detailed price analysis for any or all items of the Bill of Quantities, to demonstrate
the internal consistency of those prices with the construction methods and
schedule proposed. After evaluation of the price analysis, taking into
consideration the schedule of estimated Contract payments, the Employer may
require that the amount of the performance security be increased at the expense
of the Bidder as mentioned in BDS to protect the Employer against financial loss
in the event of default of the successful Bidder under the Contract or may
consider the bid as non-responsive.
36.6 In case of e-submission bids, the Employer evaluates the bid on the basis of the
information in the electronically submitted bid files. If the Bidder cannot
substantiate or provide evidence to establish the information provided in e-
submitted bid through documents/ clarifications as per ITB Clause 27, the
bid shall not be considered for further evaluation.

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 Section 1 - Instructions to Bidders 1-27

36.7 In Case, a corruption case is being filed to Court against the Natural Person or
Board of Director of the firm/institution /company or any partner of JV, such
Natural Person or Board of Director of the firm/institution /company or any
partner of JV such bidder’s bid shall be excluded from the evaluation, if public
entity receives instruction from Government of Nepal.

37. Comparison of Bids 37.1 The Employer shall compare all substantially responsive bids in accordance
with ITB 36.2 to determine the lowest evaluated bid.

38. Employer’s Right to 38.1 The Employer reserves the right to accept or reject any bid, and to annul the
Accept Any Bid, and bidding process and reject all bids at any time prior to Contract award, without
to Reject Any or All thereby incurring any liability to Bidders. In case of annulment, all bids
Bids submitted and specifically, bid securities, shall be promptly returned to the
Bidders.

F. Award of Contract

39. Award Criteria 39.1 The Employer shall award the Contract to the Bidder whose offer has been
determined to be the lowest evaluated bid and is substantially responsive to
the Bidding Document, provided further that the Bidder is determined to be
qualified to perform the Contract satisfactorily.

40. Letter of Intent to 40.1 The Employer shall notify the concerned Bidder whose bid has been selected in
Award the Contract/ accordance with ITB 39.1 within seven days of the selection of the bid, in
Notification of writing that the Employer has intention to accept its bid and the information
Award regarding the name, address and amount of selected bidder shall be given to all
other bidders who submitted the bid.

40.2 After issuance of the notice under ITB 40.1 if the concerned bidder
provides information pursuant to ITB 4.11 regarding saturation of
maximum number of contracts, the employer shall disqualify the bidder
and shall select the next lowest evaluated Bidder in accordance with ITB
39.1 and notify accordingly as per ITB 40.1.

40.3 If no bidder submits an application within a period of seven days of the notice
provided under ITB 40.1, the Employer shall, accept the bid selected in
accordance with ITB 39.1 and Letter of Acceptance shall be communicated to
the selected bidder prior to the expiration of period of Bid validity, to furnish the
performance security and sign the contract within fifteen days.

40.4 After communicating letter of acceptance under ITB 40.3, if the

concerned bidder provides information pursuant to ITB 4.11 regarding
saturation of maximum number of contracts, the employer shall reject
the bid of that bidder and shall select the next lowest evaluated Bidder
in accordance with ITB 39.1 and shall issue the notice accordingly as per
ITB 40.1. In such case bid security of the rejected bidder shall not be
forfeited.

40.5 At the same time, the Employer shall affix a public notice on the result of the
award on its notice board and may make arrangements to post the notice into
its website, if it has; and if it does not have, into the website of the Public
Procurement Monitoring Office, identifying the bid and lot numbers and the
following information: (i) name of each Bidder who submitted a Bid; (ii) bid
prices as read out at Bid Opening; (iii) name and evaluated prices of each Bid; (iv)
name of bidders whose bids were rejected and the reasons for their rejection; and
(v) name of the winning Bidder, and the Price it offered, as well as the duration

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 Section 1 - Instructions to Bidders 1-28

and summary scope of the Contract awarded.

40.6 In Case, a corruption case is being filed to Court against the Natural Person or
Board of Director of the firm/institution /company or any partner of JV, such
Natural Person or Board of Director of the firm/institution /company or any
partner of JV such bidder’s bid shall be excluded from the evaluation, if public
entity receives instruction from Government of Nepal.

41. Performance 41.1 Within Fifteen (15) days of the receipt of Letter of Acceptance from the
Security Employer, the successful Bidder shall furnish the performance security in
accordance with the Conditions of Contract, as specified below from
Commercial Bank or Financial Institution eligible to issue Bank Guarantee as per
prevailing Law in Nepal using Sample Form for the Performance Security
included in Section 9 (Contract Forms), or another form acceptable to the
Employer. The performance security issued by any foreign Bank outside Nepal
must be counter guaranteed by Commercial Bank or Financial Institution eligible
to issue Bank Guarantee as per prevailing Law in Nepal.

i) If bid price of the bidder selected for acceptance is up to 15 (fifteen) percent

below the approved cost estimate, the performance security amount shall be 5
(five) percent of the bid price.
ii) For the bid price of the bidder selected for acceptance is more than 15
(fifteen) percent below of the cost estimate, the performance security amount
shall be determined as follows:
Performance Security Amount = [(0.85 x Cost Estimate –Bid Price) x 0.5] +
5% of Bid Price.
The Bid Price and Cost Estimate shall be exclusive of Value Added Tax.

41.2 Failure of the successful Bidder to submit the above-mentioned Performance

Security or to sign the Contract Agreement shall constitute sufficient grounds
for the annulment of the award and forfeiture of the bid security. In that event
the Employer may award the Contract to the next lowest evaluated Bidder
whose offer is substantially responsive and is determined by the Employer to
be qualified to perform the Contract satisfactorily. In such case, the award
process shall be repeated according to ITB 40.

42. Signing of Contract 42.1 The Employer and the successful Bidder shall sign the Contract Agreement
within the period as stated ITB 41.1.

42.2 Within thirty (30) days from the date of issuance of notification pursuant to ITB
40.1 unsuccessful bidders may request in writing to the Employer for a
debriefing seeking explanations on the grounds on which their bids were not
selected. The Employer shall promptly respond in writing to any unsuccessful
Bidder who, requests for debriefing.

42.3 If the bidder whose bid has been accepted fails to sign the contract as stated ITB
42.1, the Public Procurement Monitoring Office shall blacklist the bidder on
recommendation of the Public Entity.

43. Complain and 43.1 If a Bidder is dissatisfied with the Procurement proceedings or the decision
Review made by the Employer in the intention to award the Contract, it may file an
application to the Chief of the Public Entity (Employer) within Seven (7) days
of providing the notice under ITB 40.1 by the Public Entity, for review of the
proceedings stating the factual and legal grounds.

43.2 Late application filed after the deadline pursuant to ITB 43.1 shall not be
processed.

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Section 1 - Instructions to Bidders 1-29

43.3 The chief of Public Entity(Employer) shall, within five (5) days after receiving the
application, give its decision with reasons, in writing pursuant to ITB 43.1:

(a) whether to suspend the procurement proceeding and indicate the

procedure to be adopted for further proceedings; or

(b) to reject the application.

The decision of the chief of Public Entity shall be final for the Bid amount
less than Rupees Twenty Million (NRs. 20,000,000).

43.4 If the Bidder is not satisfied with the decision given in accordance with ITB 43.3,
or the decision is not given within five (5) days of receipt of application pursuant
to ITB 43.1, it can, within seven (7) days of receipt of such decision, file an
application to the Review Committee of the GoN, stating the reason of its
disagreement on the decision and furnishing the relevant supporting documents.
The application may be sent by hand, by post, by courier, or by electronic media
at the risk of the Bidder itself.

43.5 Late application filed after the deadline pursuant to ITB 43.4 shall not be
processed

43.6 Within three (3) days of the receipt of application from the Bidder,
pursuant to ITB 43.4, the Review Committee shall notify the concerning
Public Entity to furnish its procurement proceedings, pursuant to ITB 43.3.

43.7 Within three (3) days of receipt of the notification pursuant to ITB 43.6, the
Public Entity shall furnish the copy of the related documents to the Review
Committee.

43.8 The Review Committee, after inquiring from the Bidder and the Public Entity,
if needed, shall give its decision within one (1) month of the receipt of the
application filed by the Bidder, pursuant to ITB 43.4.

43.9 The Bidder, filing application pursuant to ITB 43.4, shall have to furnish a
cash amount or Bank guarantee from Commercial Bank or Financial
Institution eligible to issue Bank Guarantee as per prevailing Law
equivalent to ten percent (10 %) of amount of bid security in case of
complaint against decision pursuant to ITB 25.8 and one percent (1%) of
its quoted amount in case of complaint against decision pursuant to ITB
40.1 with the validity period of at least ninety (90) days from the date of the
filing of application pursuant to ITB 43.4.

43.10 If the claim made by the Bidder pursuant to ITB 43.4 is justified, the Review
Committee shall return the security deposit pursuant to ITB 43 to the
applicant, within seven (7) days of such decision made.

Procurement of Works Standard Bidding Document – ICB

 Section 2 - Bid Data Sheet
This section consists of provisions that are specific to each procurement and supplement the
information or requirements included in Section I. Instructions to Bidders.

A. General

ITB 1.1 The number of the Invitation for Bids is : ______________________________

ITB 1.1 The Employer is: ___________________________________________________

ITB 1.1 The name of the ICB is: ______________________________

The identification number of the ICB is: _________________
The number and identification of lots comprising this ICB is: _______

ITB 2.1 The name of the Project is: ________________________________________

The Development Partner(DP) is: [insert name if applicable or otherwise insert” Not
Applicable]
The implementing agency is: _______________________________________

ITB 4.1 (a) For GoN Funded:

Maximum number of partner in a joint venture shall be : 3 (three)
In case of Foreign Bidder, Joint Venture with Nepalese Bidder is …………[Insert
“Mandatory” or ”Not mandatory”]
(For works having estimated amount up to NRs. 10 (Ten) Billion specify “Mandatory”)

For DP Funded:
[select one options as per DPs Policy]
There is no limit on the number of members in a JV
or
Maximum number of partner in a joint venture shall be : [insert number]

ITB 4.2 Eligible countries [insert if GoN funded – all countries, For DP funded as per their list
of eligible country]
(Specify the list of eligible countries in a separate section)

ITB 4.4 A list of debarred firms is available at http:/www.ppmo.gov.np [insert other website, if
any]

ITB 4.9 Tax Clearance Certificate or Proof of submission of income return for: [insert the
applicable fiscal year]
The foreign bidder shall declare to submit the following documents at the time of contact
agreement [indicate required documents]
But, Resident foreign bidder shall submit PAN/VAT certificate and tax clearance
certificate or proof of submission of Income Return for [insert the applicable fiscal year]

Procurement of Works Standard Bidding Document – ICB

ITB 4.10 & 4.11 For GoN Funded:
Maximum number of running contracts that a Bidder, and all parties constituting the
Bidder can have shall be : 5 (Five) [except for bidders participating as JV with maximum
share 25 % and not having singed more than two (2) contracts for works of similar nature
since 2078-12-03 i.e. March 17, 2022 in Nepal]7
For DP Funded:
[select one options as per DPs Policy]
There is no limit on number of running contracts that a Bidder, and all parties constituting
the Bidder can have
or
Maximum number of running contracts that a Bidder, and all parties constituting the
Bidder can have shall be : [insert number]

B. Bidding Document

ITB 7.1 For clarification purposes only, the Employer’s address is:
Attention: ______________________________
Street Address: _________________________
Floor/Room number: _____________________
Country: ______________________________
Telephone: : __________________________
Facsimile number: ______________________
Electronic mail address: __________________

ITB 7.4 A Pre-Bid meeting [insert “shall” or “shall not”] take place. If a Pre-Bid meeting will
take place, it will be at the following date, time and place:
Date: ____________
Time: ____________
Place: ____________

ITB 7.5 Time for request: Requests for clarification should be received by the Employer no later than
15 days prior to the deadline for submission of bids.

C. Preparation of Bids

ITB 10.1 The language of the bid is: ______(English)____

ITB 11.2 (i) The Bidder shall submit with its bid the following additional documents:
[insert if any additional documents required]

7
There is no limit on number of running contracts that a bidder can have for bidders participating as JV with maximum share 25
% and not having singed more than two (2) contracts for works of similar nature since 2078-12-03 i.e. March 17, 2022 in Nepal

Procurement of Works Standard Bidding Document – ICB

ITB 11.3 (b) In accordance with ITB 12 and ITB 14, the following schedules shall be submitted with the
bid, including the priced Bill of Quantities for Unit Rate Contracts and Schedule of Prices
for lump sum contracts: _______

ITB 11.3 (d) The Bidder shall submit with its bid the following additional documents:
(a) Table of Price Adjustment Data as per GCC 13.8
(b) [insert if any additional documents required]

ITB 13.1 Alternative bids [insert “shall be” or “shall not be”] permitted.

ITB 13.2 Alternative times for completion [insert “shall be” or “shall not be”] permitted.
If alternative times for completion are permitted, the evaluation method will be as
specified in Section 3 (Evaluation and Qualification Criteria).

ITB 13.4 Alternative technical solutions shall be permitted for the following parts of the Works:
[insert detail if applicable otherwise insert “Not Applicable”]
If alternative technical solutions are permitted, the evaluation method will be as specified
in Section 3 (Evaluation and Qualification Criteria).

ITB 14.6 The prices quoted by the Bidder…. [Insert “shall be” or “shall not be”] subject to
adjustment.

ITB 15.1 If the currency of the Bid and payment is other than Nepalese currency :
The currency applicable shall be [Insert the name of Currency]
The maximum ratio of Nepalese Currency to Foreign Currency with respect to the
evaluated bid price shall not be more than …..[Insert the proper ratio, example 70:30
or 80:20 etc…]

ITB 18.1 The bid validity period shall be: One Hundred Twenty (120) days].

ITB 19.1 The Bidder shall furnish a bid security, from Commercial Bank or Financial Institution
eligible to issue Bank Guarantee as per prevailing Law with a minimum of [insert amount (2
to 3 % of estimated amount exclusive of VAT)], which shall be valid for 30 days beyond the
validity period of the bid.

ITB 19.2 (b) Account Name:

Bank Name:
Bank Address:
Account Number:

ITB 20.1 In addition to the original of the bid, the number of copies is: [insert the number of
copies].

ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder shall indicate:
[insert”
a) The name and description of the documentation required to demonstrate the
authority of the signatory to sign the Bid such as a Power of Attorney; and
(b) In the case of Bids submitted by an existing or intended JV, an undertaking signed
by all parties (i) stating that all parties shall be jointly and severally liable, and
(ii) nominating a Representative who shall have the authority to conduct all
business for and on behalf of any and all the parties of the JV during the bidding

Procurement of Works Standard Bidding Document – ICB

 process and, in the event the JV is awarded the Contract, during contract execution.

D. Submission and Opening of Bids

ITB 21.1 Bidders [insert “shall” or “shall not”] have the option of submitting their bids
electronically.

ITB 22.1 For bid submission purposes only, the Employer’s address is:
Attention: ___________________________________
Street Address: ______________________________
Floor/Room number: __________________________
City: _______________________________________
Country: ____________________________________
The deadline for bid submission is: _______________
Date: ________________
Time: ________________

ITB 25.1 The bid opening shall take place at:

Street Address: ___________________________
Floor/Room number: _______________________
City: ____________________________________
Country: ________________________________
Date: __________________
Time: ___________________

E. Evaluation and Comparison of Bids

ITB 33.1 The currency that shall be used for bid evaluation and comparison purposes to convert all
bid prices if permitted and expressed in various currencies into a single currency is:
The source of exchange rate shall be: Nepal Rastra Bank
The date for the exchange rate shall be: 30 days prior to the deadline for submission of
bids.

ITB 34.1 Domestic preference shall apply and the application methodology shall be as stipulated
in Section 3 (Evaluation and Qualification Criteria).

ITB 35.1 Contractor’s proposed subcontracting: Maximum percentage of subcontracting permitted

is: 25% of the total contract amount
Bidders are [insert “permitted” or “not permitted"] to quote separate prices for lots
ITB 36.4 (Contracts), and a single Bidder will be awarded multiple lots (Contracts) based on
provision of Paragraph 1.2, Multiple Contracts Section III (Evaluation and Qualification
Criteria):
[If permitted to quote separate prices for lots (Contracts), insert the following otherwise
delete]
Multiple contracts comprising of following lots (contracts):
………………………………. [Insert the name and contract number of the lots

Procurement of Works Standard Bidding Document – ICB

 (contracts)]……………………….

ITB 36.5 The amount of the performance security be increased by Eight (8) percent of the quoted bid
price.

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Section 3 – Evaluation and Qualification Criteria 3-1

Section 3 - Evaluation and Qualification

Criteria
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify
Bidders if the bidding was preceded by post-qualification exercise. GoN requires bidders to be
qualified by meeting predefined, precise minimum requirements. The method sets pass-fail
criteria, which, if not met by the bidder, results in disqualification. In accordance with ITB 32 and
ITB 36, no other methods, criteria and factors shall be used. The Bidder shall provide all the
information requested in the forms included in Section 4 (Bidding Forms).

Table of Criteria

1. Evaluation .................................................................................................................................. 3-3

1.1 Adequacy of Technical Proposal .......................................................................................... 3-3

1.2 Multiple Contracts ................................................................................................................ 3-3

1.3 In Case, other than Multiple Contracts ......................................................................... 3-3

1.4 Completion Time ................................................................................................................... 3-4

1.5 Alternative Technical Solutions ........................................................................................... 3-4

1.6 Domestic Preference .............................................................................................................. 3-4

1.7 Quantifiable Nonconformities, Errors and Omissions ………………………………….3-4

2. Qualification ............................................................................................................................... 3-6

2.1 Eligibility ................................................................................................................................ 3-6

2.1.1 Conflict of Interest .............................................................................................................. 3-6

2.1.2 Government-owned Entity .................................................................................................. 3-6

2.1.3 Development Partner Eligibility [if applicable other mention “Not Applicable”] .............. 3-6

2.1.4 UN Eligibility ..................................................................................................................... 3-6

2.1.5 Bidder’s Running Contracts ................................................................................................ 3-7

2.1.6 VAT and PAN Registration ................................................................................................ 3-7

2.2 Pending Litigation ................................................................................................................. 3-7

2.2.1 Pending Litigation............................................................................................................... 3-7

2.3 Financial Situation ................................................................................................................ 3-8

2.3.1 Historical Financial Performance ....................................................................................... 3-8

2.3.2 Average Annual Construction Turnover ............................................................................. 3-8

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Section 3 – Evaluation and Qualification Criteria 3-2

2.3.3 Financial Resources ............................................................................................................ 3-8

2.4 Experience .............................................................................................................................. 3-9

2.4.1 General Construction Experience ..................................................................................... 3-10

2.4.2 Specific Construction Experience .......................................... 3-Error! Bookmark not defined.

(a) Contracts of Similar Size and Nature ......................................... 3-Error! Bookmark not defined.

(b) Construction Experience in Key Activities ........................................................................... 3-12

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Section 3 – Evaluation and Qualification Criteria 3-3

1. Evaluation
In addition to the criteria listed in ITB 36.2 (a) – (f) the following criteria shall apply:

Note:

Use the evaluation criteria listed below as appropriate and required for the project.

1.1 Adequacy of Technical Proposal

Evaluation of the Bidder's Technical Proposal will include an assessment of the
Bidder's technical capacity, to mobilize key equipment and personnel for the
contract consistent with its proposal regarding work methods, scheduling, and
material sourcing in sufficient detail and fully in accordance with the
requirements stipulated in Section 5 (Works Requirements).

Non-compliance with equipment and personnel requirements described in

Section 5 (Works Requirements) shall not be grounds for bid rejection and
such non-compliance will be subject to clarification and rectification prior to
contract award.

1.2 Multiple Contracts

Pursuant to Sub-Clause 36.4 of the Instructions to Bidders, if Works are grouped
in multiple contracts, evaluation will be as follows:

When, Works are grouped in multiple contracts and pursuant to Sub-Clause 36.4
of the Instructions to Bidders, the Employer will evaluate and compare Bids on
the basis of a contract, or a combination of contracts, or as a total of contracts in
order to arrive at the least cost combination for the Employer by taking into
account discounts offered by Bidders in case of award of multiple contracts.

Qualification Criteria for Multiple Contracts:

The criteria for qualification shall be the sum of the minimum requirements for
respective individual contracts as specified under items 2.3.2, 2.3.3, 2.3.4 and 2.4.2b.
With respect to the Contracts of Similar Size and Nature under item 2.4.2(a). of
Section III, the evaluation shall be done as below:
N is the minimum number of contracts required as per Specific Construction
Experience (2.4.2(a)).

V is the minimum value of a single contract as per Note (2) or (3) of 2.4.2 Specific
Construction Experience
i. Minimum requirements for combined contract(s) shall be the aggregate requirements for
each contract for which the bidder has submitted bids as follows, and N1,N2,N3, etc.
shall be different contracts:
Contract 1: N1 contracts, each of minimum value V1;
Contract 2: N2 contracts, each of minimum value V2;
Contract 3: N3 contracts, each of minimum value V3;
----etc.

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Section 3 – Evaluation and Qualification Criteria 3-4

Or
ii. Total number of contracts is equal or less than N1 + N2 + N3 +--but the total value of
all such contracts is equal or more than N1 x V1 + N2 x V2 + N3 x V3 +---.

1.3 In Case, other than Multiple Contracts

Bidders have the option to Bid for any one or more Contracts. The contracts will be
awarded to the Bidder or Bidders offering the lowest evaluated cost to the Employer,
subject to the selected Bidder(s) meeting the required qualification which shall be the
sum of the minimum requirements for respective individual contracts .Under this case,
Contract shall be awarded based on Least Cost Combination to the Employer.

1.4 Completion Time

An alternative Completion Time, if permitted under ITB 13.2, will be evaluated
as follows:

[Insert project specific requirements when permitted otherwise insert “Not

Applicable”]

1.5 Alternative Technical Solutions

Alternative technical solutions, if permitted under ITB 13.4, will be evaluated as follows:

[Insert project specific requirements when permitted otherwise insert “Not

Applicable”]

1.6 Domestic Preference

1.6.1 In comparing domestic bids with foreign bids, a Domestic preference as per ITB 34.1 shall
be granted to eligible domestic contractors, as defined below, in accordance with the
following provisions.

(a) For application of domestic preference, all responsive bids shall first be classified into
the following two categories:

i) Category I: Bids offered by domestic contractors (domestic firms, intuitions, or

company either in single or in joint venture (all partners)) and Joint Ventures
eligible for the preference in accordance with the criteria set forth in Sub clause
1. 6.2 below; and

ii) Category II: Bids offered by other Contractors.

(b) The lowest evaluated bid of each category shall then be determined by comparing all
evaluated bids in each category among themselves.

(c) Such lowest evaluated bids shall next be compared with each other and if, as a result of
this comparison, a bid from Category I is found to be the lowest, it shall be selected
for the award of contract.

(d) If, however, as a result of the comparison under (c) above, the lowest bid is found to be
from Category II, it shall be further compared with the lowest evaluated bid from

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Section 3 – Evaluation and Qualification Criteria 3-5

Category I. For the purpose of this further comparison only an upward adjustment
(domestic preference) shall be made to the lowest evaluated bid price of Category II
by adding an amount equal to [insert a percentage not exceeding 5%]8 of the bid price.
If, after such comparison, the Category I bid is determined to be the lowest, it shall be
selected for the award of contract; if not, the lowest evaluated bid fro m Category II
shall be selected.

1.6.2 Joint Ventures between a Domestic Contractor(s) and its foreign partner(s) shall eligible for
the Domestic Preference Scheme only if domestic contractor(s) (domestic firms, intuitions,
or company) have at least 25 % share in the Joint Venture.

1.7 Quantifiable Nonconformities, Errors and

Omissions

[insert project specific requirements]

The evaluated amount of quantifiable nonconformities, errors and/or omissions shall be
determined by ascertaining the price of such effect on an equal basis by adjusting the same to the quoted
price of the bid. A bid having minor deviations and having no material deviation to cause any serious
effect upon the scope, quality, characteristics, terms and conditions, performance or any other
requirements stated in the bidding documents and acceptable to the Employer can be considered to be
substantially responsive.

8
In case of Joint Ventures between a Domestic Contractor(s) and its foreign partner(s) the percentage to be inserted (not
exceeding 5 %) may be specified based on proportion of share of domestic contractor(s) in the Joint Venture.

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 Section 3 – Evaluation and Qualification Criteria 3-6

2. Qualification

2.1 Eligibility
Criteria Compliance Requirements Documents

Joint Venture
All Submission
Requirement Single Entity Each One
Partners Requirements
Partner Partner
Combined

2.1.1 Conflict of Interest

No conflicts of interest in must meet existing or must meet not Letter of Bid
accordance with ITB Sub-Clause requirement intended JV requirement applicable
4.3. must meet
requirement

2.1.2 Government-owned Entity

Applicant required to meet must meet existing or must meet not Forms
conditions of ITB Sub-Clause 4.5. requirement intended JV requirement applicable ELI -1, ELI - 2
must meet with attachments
requirement

2.1.3 Development Partner Eligibility [if applicable

other mention “Not Applicable”]
Not having been declared ineligible by must meet existing or must meet not applicable Application
Development Partner, as described in ITB requirement intended JV requirement Submission Sheet
Sub-Clause 4.4. must meet
requirement

2.1.4 UN Eligibility
Not having been declared must meet existing or must meet not Letter of Bid
ineligible based on a United requirement intended JV requirement applicable
Nations resolution or Employer’s must meet
country law, as described in ITB requirement
Sub-Clause 4.7.

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 Section 3 – Evaluation and Qualification Criteria 3-7

2.1.5 Bidder’s Running Contracts

Bidder’s Running Contracts9 not must meet existing or must meet not ELI-3
more than five (5) as described in requirement intended JV requirement applicable
ITB Sub-Clause 4.10. must meet
requirement

2.1. 6 VAT and PAN Registration

a. Domestic Bidders required must meet existing or must meet not PAN and VAT
Bidder to meet conditions requirement intended JV requirement applicable registration
of ITB Sub- must meet certificate
Clause 4.9. requirement
b. Foreign Bidders required must meet existing or must meet not Declaration to
Bidder to meet conditions requirement intended JV requirement applicable submit PAN and
of ITB Sub- must meet VAT
Clause 4.9. requirement Registration
Certificate at the
time of Contract
agreement

2.2 Pending Litigation

Criteria Compliance Requirements Documents

Joint Venture
Submission
Requirement Single Entity All Partners Each One Requirements
Combined Partner Partner

2.2.1 Pending Litigation

All pending litigation shall be must meet not must meet not Form LIT – 1
treated as resolved against the requirement applicable requirement applicable
Applicant and so shall in total not by itself or by itself or
(1) as partner as partner
represent more than ….…
to past or to past or
percent of the Applicant’s net existing JV existing JV
worth.

Note:
(1)
The percentage should normally be within the range of 50% to 100% of an Application's net
worth.

9
Note: (1) Only the contracts accepted since 2078-12-03 i.e. March 17, 2022 which are not substantially completed are
considered. The contracts those are running under any type of foreign assistance are not accounted for this purpose.
(2) This criteria is not applicable for bidders participating as JV with maximum share 25 % and not having singed more than two (2)
contracts for works of similar nature since 2078-12-03 i.e. March 17, 2022 in Nepal.

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 Section 3 – Evaluation and Qualification Criteria 3-8

2.3 Financial Situation

Criteria Compliance Requirements Documents

Joint Venture
Submission
Requirement Single Entity All Partners Each One Requirements
Combined Partner Partner

2.3.1 Historical Financial Performance

Submission of audited balance must meet not must meet not Form FIN - 1
sheets and income statements, for requirement applicable requirement applicable with attachments
the last ….(1)…… years to
demonstrate the current soundness
of the applicants financial position.
As a minimum, a Bidder's net
worth for the last year calculated
as the difference between total
assets and total liabilities should be
positive.

Note:
(1)
The financial information provided by an Applicant should be reviewed in its entirety to allow a
truly informed judgment, and the pass-fail decision on the financial position of the Applicant should
be given on this basis. Balance sheet of the past three to five years period shall be asked according to
the nature of the work.

2.3.2 Average Annual Construction Turnover

Minimum average annual must meet must meet must meet must meet Form FIN - 2
construction turnover of NRS requirement requirement . . . . (3). . . . .(4) . . . .
….……(2), calculated as of the of the
total certified payments received requirement requirement
for contracts in progress or
completed, within best three years
out of last ten fiscal years.

Note:

2) The amount stated should normally not be less than 1.5 x V/T, the estimated annual turnover in the
subject contract based on a straight-line projection of the Engineer's estimated cost (V), over the contract
duration (T) in year. The Engineer's estimated cost (V) is taken without VAT and contingencies but
including provisional sum. Contract duration less than one year shall be considered one year. The
multiplier of 1.5 may be reduced up to1 (one) in accordance with the size, nature and complexity of
contracts.
Only the net amount shall be calculated after deducting the amount for VAT and such amount shall be
adjusted wholesale price index of Nepal Rastra Bank.
(3) Usually not less than 25 %
(4) Usually not less than 40 %

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Section 3 – Evaluation and Qualification Criteria 3-9

2.3.3 Financial Resources

Using Forms FIN - 3 must meet must meet must meet must meet Form FIN -
and FIN - 4 in Section requirement requirement ….(6)…. ….(7)…. of 3
IV (Bidding Forms) the of the the
Bidder must requirement requirement
demonstrate access to,
or availability of,
financial resources
such as liquid assets10,
unencumbered real
assets, and other
financial resources,
(other than any
contractual advance
payments) to meet the
cash-flow requirement
of … (5)…..

Note:
(5) Construction cash flow requirement for a number of months (to the nearest half-month),
determined as the total time needed by the Employer to pay a contractor's invoice, allowing for (a) the
actual time consumed for construction, from the beginning of the month invoiced, (b) the time
needed by the Project Manager to issue the monthly payment certificate, (c) the time needed by the
Employer to pay the amount certified, and (d) a contingency period of one month to allow for
unforeseen delays. The total period should not exceed three months for estimated cost (excluding
Vat) more than NRs. 250 Millions and for estimated cost (excluding Vat) less than NRs. 250
Millions, the total period should not exceed 5 months. The assessment of the monthly amount
should be based on a straight-line projection of the estimated cash flow requirement over the particular
contract period, neglecting the effect of any advance payment and retention monies, but including
contingency allowances in the estimated contract cost.]
(6) Usually not less than 25 %
(7) Usually not less than 40 %

2.3.4 Required Bid Capacity

The bidding capacity of the

must meet must meet must meet must meet Form FIN
bidder should be equal to or
requirement requirement ……(9)…… ……(10)…… 4 and
more than the NRs... (8)……
Form FIN
of the of the
-5
requirement requirement

(8) Equal to 80 to 100 % Engineer’s Estimate( without VAT and Contingencies but including Provision
Sum) in round figure
(9) usually not less than 25 %

10 Liquid Assets mean cash and cash equivalents, short-term financial instruments, short term
available-for-sale-securities, marketable securities, trade receivables, short-term financing
receivables and other assets that can be converted into cash within ONE YEAR.

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 Section 3 – Evaluation and Qualification Criteria 3-10

(10) Usually not less than 40 %

2.4 Experience

Criteria Compliance Requirements Documents

Joint Venture
Submission
Requirement Single Entity All Partners Each One Requirements
Combined Partner Partner

2.4.1 General Construction Experience

Experience under construction must meet not must meet not Form EXP -1
contracts in the role of contractor, requirement applicable requirement applicable
subcontractor, or management
contractor for at least the last
….(1)…… years prior to the
applications submission deadline.

Note:
(1)
Insert number of years in words and figures. The time period is normally 5 years , but may be
reduced to not less than 3 years, according to the nature of works.

2.4.2 Specific Construction Experience

(1) Contracts of Similar Size and Nature
(i) For Works with value up to NRs. 50 million
Participation as Prime must meet not not must meet Form EXP –
contractor, management requirement applicable applicable requirement 2(a)
contractor, or
subcontractor, in at least
One (1) Contract within the
last ten (10) years, with a
value of at least NRs
…..(2)…. that have been
successfully or are
substantially completed
and that are similar to the
proposed works. The
similarity shall be based on
the physical size,
complexity, methods,
technology or other
characteristics as described
in Section V, Works
Requirements.

(ii) For Works with value above NRs. 50 million

Participation as Prime must meet not not must meet Form EXP –
contractor, management requirement applicable applicable requiremen 2(a)
contractor, or t
subcontractor, in at least

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Section 3 – Evaluation and Qualification Criteria 3-11

One (1) Contract within

the last ten (10) years,
with a value of at least
NRs …..(3)…. that have
been successfully or are
substantially completed
and that are similar to
the proposed works. The
similarity shall be based
on the physical size,
complexity, methods,
technology or other
characteristics as
described in Section V,
Works Requirements.
(iii) For complex works with value up to NRs. 50 million**
Participation as Prime must meet not at least one must meet Form EXP –
contractor, management requirement applicable Contract requirement 2(a)
contractor, or within the
subcontractor, in at least last ten (10)
One (1) Contract within the years with a
last ten (10) years, with a value of at
value of at least NRs least NRs
…..(2)…. that have been …..(4)….
successfully or are that have
substantially completed been
and that are similar to the successfully
proposed works. The or are
similarity shall be based on substantially
the physical size, completed
complexity, methods, and that are
technology or other similar to the
characteristics as described proposed
in Section V, Works works
Requirements.

(iv) For complex works with value above NRs. 50 million**

Participation as Prime must meet not at least one must meet Form EXP –
contractor, management requirement applicable Contract requirement 2(a)
contractor, or within the
subcontractor, in at least last ten (10)
One (1) Contract within the years with a
last ten (10)) years, with a value of at
value of at least NRs least NRs
…..(3) …. that have been …..(4)….
successfully or are that have
substantially completed been
and that are similar to the successfully
proposed works. The or are
similarity shall be based on substantially
the physical size, completed
complexity, methods, and that are
technology or other similar to the

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 Section 3 – Evaluation and Qualification Criteria 3-12

characteristics as described proposed

in Section VI, Works works
Requirements.

Only the net amount worked out after deducting the amount for VAT shall be computed and such
amount shall be adjusted according to the updated price index of the Nepal Rastra Bank.

**Complex works means those works involving complex technology such as tunnel, roads (asphalt
concrete, Rigid pavement with high grade concrete etc.), major/special bridges (pre stress bridge,
special type of bridges such arch bridge, cable stayed bridge, suspension bridge etc.), airport, large
water supply projects, large irrigation projects and similar works. However in case of complex works
like tunnel roads, airports, railway lines, hydropower projects, flyover, viaduct etc. for which
experienced domestic bidders are not available in market, in order to enhance capability of domestic
bidders, the qualification criteria (only for Joint Venture between foreign and domestic bidders) may be
specified in a similar manner for non-complex works i.e. each partner’s requirement may be specified
as “not applicable”

Note:
(2) Insert amount in US Dollar or Nepalese rupees, which is 40% (in above round figure in
thousand) of the estimated value (without VAT and contingencies but including provisional
sum) of the subject contract.
(3) Insert amount in US Dollar or Nepalese rupees, which is 60% (in above round figure in
thousand) of the estimated value (without VAT and contingencies but including provisional
sum) of the subject contract.
(4) Only in case of complex works, insert amount US Dollar or Nepalese Rupees which is 10% (in
above round figure in thousand) of the estimated value (without VAT and contingencies but
including provisional sum) of the subject contract.

(b) Construction Experience in Key Activities

For the above or other contracts must meet must meet not not Form EXP-2(b)
executed during the period all all applicable applicable
stipulated in 2.4.2(a) above, a requirements requirements
minimum construction experience
in the following key activities:
[list activities indicating , number
or rate of production as
applicable; for the key activity
(ies) in the subject contract. The
rates should be about 80% of
the estimated production rates
of the key activity(ies) in the
subject contract as needed to
meet the expected construction
schedule with due allowance for
adverse climatic conditions.]

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Section 3 – Evaluation and Qualification Criteria 3-13

 Under Criterion 2.4.2 (a), the specified requirements define the similarity of contracts, whereas
the key activities or production rates to be specified under Criterion 2.4.2 (b) define the required
capability of the Bidder to execute key components of the Works. There shall be no inconsistency
or duplication of requirements between Criteria 2.4.2(a) and 2.4.2(b).
 For the rate of production, the rate of production shall be on the basis of the average during the
entire contract period.
 Only the activities having weightage 10 percent or more of the total estimated amount that should
be manufactured or built by contractor should be considered as key activities
 Key activities or production rates to be specified shall not restrict innovation and better quality.

 Key activities or production rates of different contracts for a particular duration can be
added while evaluating.
 While specifying key activities or production rates, it shall be assured and to be recorded by
public entity so that sufficient bidders with required qualification are available in market for
adequate competition
 Key activities or production rates to be specified shall be unambiguous e.g. environmental
friendly, international/high standard, complex technology etc.
 While specifying Key activities or production rates, the similarity shall be based on the
complexity, methods or technology to be adopted.
 The activities that can be sub-contracted or readily available in the market (e.g. lift, elevator,
electrical works, special type of facilities etc.) shall not considered as key activities.

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Section 4 – Bidding Forms 4-1

Section 4 - Bidding Forms

This Section contains the forms which are to be completed by the Bidder and submitted as part of
his Bid.

Table of Forms

Letter of Technical Bid ............................................................................................................... 3

Letter of Price Bid ……………………………………………………… ………………………… 17

Schedules .................................................................................................................................... 5

Schedule of Payment Currencies ..................................................................................... 5

Tables of Adjustment Data ............................................................................................. 6

Bid Security ................................................................................................................................ 8

Technical Proposal Format ......................................................................................................... 9

1. Personnel .................................................................................................................. 10

Form PER – 1: Proposed Personnel ................................................................ 10

Form PER – 2: Resume of Proposed Personnel .............................................. 11

2.Equipment ................................................................................................................. 12

3. Site Organization ...................................................................................................... 12

4. Method Statement ..................................................................................................... 13

5. Mobilization Schedule ............................................................................................... 13

6. Construction Schedule .............................................................................................. 13

7. Schedule of Subcontractors ...................................................................................... 13

8. Others (insert additional requirement if applicable] ..................................................... 14

Bidder’s Qualification ............................................................................................................... 15

Form ELI – 1: Bidder’s Information Sheet .................................................................... 16

Form ELI - 2: JV Information Sheet ............................................................................. 17

Form ELI - 3: Bidder’s Running Contracts in Nepal ...................................................... 18

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Section 4 – Bidding Forms 4-2

Form LIT - 1: Pending Litigation .................................................................................. 18

Form FIN - 1: Financial Situation ................................................................................. 20

Form FIN - 2: Average Annual Construction Turnover ................................................. 21

Form FIN – 3: Financial Resources .............................................................................. 22

Form FIN- 4: Bid Capacity .......................................................................................... 24

Form FIN- 5: Current Contract Commitments / Works in Progress .Error! Bookmark not
defined.

Form EXP – 1: General Construction Experience ......................................................... 25

Form EXP – 2 (a): Specific Construction Experience .................................................... 26

Form EXP – 2 (b): Specific Construction Experience in Key Activities .......................... 27

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Section 4 – Bidding Forms 4-3

Letter of Technical Bid

The Bidder must accomplish the Letter of Bid in its letterhead clearly showing the Bidder’s complete
name and address.

Date: .................................
Bidding No.: .................................
Invitation for Bid No.: .................................

To: ......................................................................................................................................................

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including Addenda
issued in accordance with Instructions to Bidders (ITB) Clause 8;

(b) We offer to execute in conformity with the Bidding Documents the following Works:
.................................................................................................................................................

(c) Our bid shall be valid for a period of . . . .insert validity period as specified in ITB 18.1. . . days
from the date fixed for the bid submission deadline in accordance with the Bidding Documents,
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period;

(d) If our bid is accepted, we commit to obtain a performance security in accordance with the
Bidding Document;

(e) Our firm, including any subcontractors or suppliers for any part of the Contract, have
nationalities from eligible countries or any countries [insert the nationality of the Bidder,
including that of all parties that comprise the Bidder if the Bidder is a consortium or
association, and the nationality of each Subcontractor and Supplier]; and meet the
requirements of ITB 3.7, &3.8 ,

(f) We, including any subcontractors or suppliers for any part of the contract, do not have any
conflict of interest in accordance with ITB 4.3;

(g) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this bidding
process in accordance with ITB 4.3, other than alternative offers submitted in accordance with
ITB 13;

(h) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any part of
the contract, has not been declared ineligible by the law of Nepal or official regulations or by
Development Partner (if applicable) or by an act of compliance with a decision of the United
Nations Security Council;

(i) We are not a government owned entity / We are a government owned entity but meet the
requirements of ITB 4.5;11

11 Use one of the two options as appropriate.

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-4

(j) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract is
prepared and executed;

(k) Commissions or gratuities, if any, paid or to be paid by us to agents relating to this bid, and to
contract execution if we are awarded the contract, are listed below:
Name and address of agents Amount and Purpose of commission or
currency gratuity
1.

2.

[if none, state “none”]

(l) We declare that, we including any subcontractors or suppliers for any part of the contract do not
have any conflict of interest in the proposed procurement proceedings and we have not been
blacklisted as per ITB 3.4 and punished for an offense relating to the concerned profession or
business.
(m) We agree to permit the Employer/DP or its representative to inspect our accounts and records and
other documents relating to the bid submission and to have them audited by auditors appointed by
the Employer.
(n) If our Bid is accepted, we commit to mobilizing key equipment and personnel in accordance with
the requirements set forth in Section 5 Works Requirement and our technical proposal, or as
otherwise agreed with the Employer.
(o) We declare that we are solely responsible for the authenticity of the documents submitted by us.
The document and information submitted by us are true and correct. If any document/information
given is found to be concealed at a later date, we shall accept any legal actions by the Employer.
(p) We declare that we have not running contracts more than five (5)12 in accordance with ITB
4.10.
(q) We declare that if the contract is awarded to us, financing for the execution of works under the contract will
be available from legal and valid sources.

Name .................................................................................................................................................
In the capacity of ...............................................................................................................................
Signed ................................................................................................................................................
Duly authorized to sign the Bid for and on behalf of ........................................................................
Date ...................................................................................................................................................

12
Note: Except contracts accepted and running under any type of foreign assistance, all the contracts accepted and
running since 2078-12-03 i.e. March 17, 2022 which are not substantially completed needs to declare.

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-5

Letter of Price Bid

(Please Refer to Price Bid)

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-6

Schedules
Bill of Quantities [Unit Rate Contract]
Schedules of Prices [Lump Sum Contract]
(Please Refer to Price Bid)

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-7

Tables of Adjustment Data

(Please Refer to Price Bid)

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-8

Bid Security
Bank Guarantee
Bank’s Name, and Address of Issuing Branch or Office
(On Letter head of the Commercial bank or any Financial Institution eligible to issue Bank
Guarantee as per prevailing Law)

Beneficiary: .............................. name and address of Employer ……………………………………….

Date: ……………………………………………………………………………………………………...
Bid Security No.: ..........................................................................................................................................

We have been informed that . …………. .[insert name of the Bidder] (hereinafter called “the Bidder”)
intends to submit its bid (hereinafter called “the Bid”) to you for the execution of …………... name of
Contract . …………… under Invitation for Bids No. ……………… (“the IFB”).

Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee.

At the request of the Bidder, we…………………. . name of Bank. ……………….. hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of . . ………...amount in figures
………………………. (. ………….. .amount in words ……………….) upon receipt by us of your first
demand in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s) under
the bid conditions, because the Bidder:

(a) has withdrawn or modifies its Bid during the period of bid validity specified by the Bidder in the Form of Bid;
or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders
(hereinafter “the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of bid validity, (i) fails
or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish the performance security, in
accordance with the ITB.
(d) is involved in fraud and corruption in accordance with the ITB

This guarantee will remain in force up to and including the date ………number…………days after the deadline
for submission of Bids as such deadline is stated in the instructions to Bidders or as it may be extended by the
Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this guarantee
should reach the Bank not letter than the above date.

This Bank guarantee shall not be withdrawn or released merely upon return of the original guarantee by the Bidder
unless notified by you for the release of the guarantee.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.

. . .Bank’s seal and authorized signature(s) . . .

Note:
The bid security of ………..……………. has been counter guaranteed by the Bank ……..………... ...…… on
…………... .................................................. ...……..………. (Applicable for Bid Security of Foreign Banks).

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-9

Technical Proposal Format

1. Personnel

2. Equipment

3. Site Organization

4. Method Statement

5. Mobilization Schedule

6. Construction Schedule

7. Schedule of Sub Contractors

8. Others

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-10

1. Personnel

Form PER – 1: Proposed Personnel

Bidders should provide the names of suitably qualified personnel to meet the specified requirements for each
of the positions listed in Section 5 (Work Requirements). The data on their experience should be supplied
using the Form below for each candidate.

Academic Total Work Experience in

No. Name Position* Qualification Experience Similar Works
[Years] [years]

1.

2.

3.

4.

5.

*As listed in Section 5 (Work Requirements)

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-11

Form PER – 2: Resume of Proposed Personnel

The Bidder shall provide all the information requested below.

Position
Personal Information Name Date of Birth
Professional qualifications
Present employment Name of employer
Address of employer
Telephone Contact (manager/personnel officer)
Fax E-mail
Job title Years with present employer

Summarize professional experience over the last twenty years in reverse chronological order. Indicate particular
technical and managerial experience relevant to the project.

From To Company, Project, Position and Relevant Technical and

Management Experience*

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-12

2. Equipment

Form EQU: Equipment

The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key equipment listed in Section 5 (Work Requirements). A separate Form shall be
prepared for each item of equipment listed, or for alternative equipment proposed by the Bidder. The Bidder
shall provide all the information requested below, to the extent possible.

For the equipment under Bidder's ownership

Total Nos. of Equipment No. of Equipment engaged/proposed
under Bidder's Ownership for ongoing/committed contracts
Equipment Type and Nos. of Equipment proposed
No.
Characteristics for this contract

1.
2.
3.
4.
5.

(i) For the Equipment to be leased/hired

Total Nos. of Equipment under No. of Equipment Nos. of Equipment proposed
Equipment Type and
No. the ownership of lease/hire engaged/committed for other to be leased/hired for this
Characteristics
provider works contract
1.
2.
3.
4.
5.

Type of Equipment*

Equipment Information Name of manufacturer Model and power rating

Capacity Year of manufacture

Current Status Current location

Details of current commitments

Source Indicate source of the equipment

 Owned  Rented  Leased  Specially manufactured

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-13

The following information shall be provided only for equipment not owned by the Bidder.

Owner Name of owner

Address of owner

Telephone Contact name and title

Fax email

Agreements Details of rental / lease / manufacture agreements specific to the project

3. Site Organization

The Bidder shall show here in an Organogram format the organization of his site personnel
showing clearly designated duties and responsibilities and the chain of command throughout
the structure. Included in the chart shall be the names of respective personnel.

4. Method Statement

The Bidder shall provide here a brief description of how the Works are to be undertaken. The
description shall indicate how each activities are to be undertaken.

5. Mobilization Schedule

The Bidder shall provide here a general description of the arrangements and methods which he
proposes to adopt for the execution of the Works which shall include but not be limited to:-

i) Mobilization period including periods required for establishing the Contractor’s offices,
workshops etc. and the facilities required for the Engineer and his staff.
ii) Sources of Contractor’s equipment and mobilization periods for items of plant.

6. Construction Schedule

The Bidder shall provide here his proposed programme for construction of the Works within the
Time for Completion. The programme shall be presented in the form of a bar chart showing
main construction activities with Milestones. Associated groups of construction equipment
shall be listed.

7. Schedule of Subcontractors
The bidder shall enter in the following table a list of the sections and appropriate value of the
work for which he proposes to use subcontractors, together with the names and addresses of the
proposed subcontractors. The bidder shall also enter a statement of similar works previously
executed by the proposed subcontractors, including description, location and value of work, year
completed, and name and address of the employer/engineer.

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-14

Item Description of work Approximate value Name and address Statement of similar
Nos. (US$ or of Subcontractor works executed
equivalent)

Notwithstanding such information the bidder, if awarded the Contract, shall remain entirely and solely
responsible for the satisfactory completion of the Works.

8. Others (insert additional requirement if applicable]

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-15

Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section 3 (Evaluation and
Qualification Criteria) the Bidder shall provide the information requested in the corresponding
Information Sheets included hereunder.

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-16

Form ELI – 1: Bidder’s Information Sheet

Bidder’s Information

Bidder’s legal name

In case of JV, legal name of

each partner

Bidder’s country of
constitution

Bidder’s year of constitution

Bidder’s legal address in

country of constitution

Bidder’s authorized
representative
(name, address, telephone
numbers, fax numbers, e-mail
address)

Attached are copies of the following original documents.

1. In case of single entity, articles of incorporation or constitution of the legal entity named above, in accordance with
ITB 4.1 and 4.2.
2. Authorization to represent the firm or JV named in above, in accordance with ITB 20.2.
3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
4. In case of a government-owned entity, any additional documents not covered under 1 above required to comply
with ITB 4.5.

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-17

Form ELI - 2: JV Information Sheet

Each member of a JV must fill in this form

JV / Specialist Subcontractor Information

Bidder’s legal name

JV Partner’s or
Subcontractor’s legal name

JV Partner’s or
Subcontractor’s country of
constitution

JV Partner’s or
Subcontractor’s year of
constitution

JV Partner’s or
Subcontractor’s legal address
in country of constitution

JV Partner’s or
Subcontractor’s authorized
representative information
(name, address, telephone
numbers, fax numbers, e-mail
address)

Attached are copies of the following original documents.

1. Articles of incorporation or constitution of the legal entity named above, in accordance with ITB 4.1 and 4.2.
2. Authorization to represent the firm named above, in accordance with ITB 20.2.
3. In the case of government-owned entity, documents establishing legal and financial autonomy and compliance with
commercial law, in accordance with ITB 4.5.

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-18

Form ELI - 3: Bidder’s Running Contracts13 in Nepal

Each member of a JV must fill in this form

Bidder's Running Contracts

Contract
Date of issuance of Date of Issuance of
Name of office Identification Status of contract** Taking Over
Letter of Acceptance
no. Certificate***

* Mention GON funded or DP funded or Other PE (Insert name) funded

** Mention "Yet to sign" if contract is not signed, "Running" if contract has been signed and
contract is running and "Substantially completed" if taking over certificate has been issued.
** Insert date of issuance of taking over certificate if the awarded contract has been substantially
completed and taking over certificate has been issued.

Form LIT - 1: Pending Litigation

13
Only the contracts accepted since 2078-12-03 i.e. March 17, 2022 are to be mentioned.

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-19

Each Bidder or member of a JV must fill in this form

Pending Litigation

 No pending litigation in accordance with Criteria 2.2 of Section 3 (Evaluation and Qualification Criteria)

 Pending litigation in accordance with Criteria 2.2 of Section 3 (Evaluation and Qualification Criteria)

Value of Value of
Pending Claim Pending Claim
Year Matter in Dispute
in US$ as a Percentage
Equivalent of Net Worth

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-20

Form FIN - 1: Financial Situation

Each Applicant or member of a JV must fill in this form

Financial Data for Previous 5 Years [in NRs or Equivalent US$]

Year 1 Year2 Year3 Year4

Year5

Information from Balance Sheet

Total Assets
Total Liabilities
Net Worth
Current Assets
Current Liabilities

Information from Income Statement

Total Revenues

Profits Before Taxes

Profits After Taxes

 Attached are copies of financial statements (balance sheets including all related notes, and income
statements) for the last two to five years, as indicated above, complying with the following
conditions.
 All such documents reflect the financial situation of the Applicant or partner to a JV, and not
sister or parent companies.
 Historic financial statements must be audited by a certified accountant.
 Historic financial statements must be complete, including all notes to the financial statements.
 Historic financial statements must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted).
Note: Attested Financial reports, including balance sheets, profit and loss statements and auditors
reports for the last 5 years should be attached.
In case of e-submission the attachments should not be uploaded but shall be submitted on notification by the
Employer as per ITB 27.

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-21

Form FIN - 2: Average Annual Construction Turnover

Each Bidder or member of a JV must fill in this form

The information supplied should be the Annual Turnover of the Bidder or each member of a JV in terms of
the amounts billed to clients for each year for work in progress or completed in NRs or in US Dollars in case
of foreign bidders at the rate of exchange at the end of the period reported.

Annual Turnover Data for the Last 10 Years (Construction only)

Amount Exchange US$
Year
Currency Rate Equivalent

Average Annual Construction Turnover

Procurement of Works Standard Procurement Document – ICB

Section 4 – Bidding Forms 4-22

Form FIN - 3: Financial Resources

Specify proposed sources of financing, such as liquid assets, unencumbered real assets and other financial
means, net of current commitments, available to meet the total construction cash flow demands of the subject
contract or contracts as indicated in Section III (Evaluation and Qualification Criteria).

Financial Resources

No. Source of financing Amount (in NRS)

Procurement of Works Standard Procurement Document – ICB

 23

Form FIN – 4: Bid Capacity

Each Bidder or member of a JV must fill in this form

Bid Capacity = [(5 x A) – B]

A = Average Annual Turnover of best three years out of last ten fiscal years.
B = Annual Value of the existing commitments and works (ongoing) to be completed, calculated from FIN-
4.

A, in B, in Bid Capacity,
SN Name of Bidder Pan No.
Million Million in Million

Total Bid Capacity:

Signature of Bidder

Procurement of Works Standard Procurement Document – ICB

Section 4 - Bidding Forms 4-24

Form FIN- 5: Current Contract Commitments / Works in Progress

Bidders and each partner to a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent or
acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued.
Current Contract Commitments ( For Calculation of B with reference of FIN-3)
Estimated Time in Month
Initial or Revised Value of
Employer's Contract Contract to Complete the
Contract Contract outstanding
Name of Name of the Contact Amount in Date (yyyy- outstanding works
No. Share in % Duration works [In
Contract Contractor/s Address, Tel, Millions mm) (f) = (c) + (d) – Date of
(a) (months) Millions, NRS ]#
Fax (b) (c) Invitation of Bid
(d) (e)
(f)
1

Signature of Bidder
# The Outstanding Works means Contract Price (excluding Vat) minus Work Evaluated by Employer till the reference date. Bidder shall have to
submit the relevant documentary evidence to substantiate the facts/figures.
 ( e)  ( a ) 
Note 1: “B” shall be calculated as : B    ( f )  x12 , If (f) is less than 12, then value of (f) shall be taken as 12.
 

Note 2: If Initial or Revised Contract Date is run out with respect to Date of Invitation of Bid, the Estimated Time in Month to Complete the
outstanding works shall be taken equal to 12 months.

Procurement of Works Standard Procurement Document – ICB

Section 4 - Bidding Forms 4-25
Form EXP – 1: General Construction Experience

Each Bidder or member of a JV must fill in this form

General Construction Experience
Starting Ending Contract Identification and Name
Month Month Years Name and Address of Employer Role of Bidder
Year Year Brief Description of the Works Executed by the Bidder

Procurement of Works Standard Procurement Document – ICB

Section 4 - Bidding Forms 4-26

Form EXP – 2 (a): Specific Construction Experience

Fill up one (1) form per contract.

Contract of Similar Size and Nature

Contract No . . . . . . of . . . . . Contract Identification

Award Date Completion Date

Role in Contract  Contractor  Management Contractor  Subcontractor

Total Contract Amount US$ …………………..

If partner in a JV or
subcontractor, specify
Percent of Total Amount
participation of total contract
amount

Employer’s Name
Address
Telephone/Fax Number
E-mail

Description of the similarity in accordance with Criteria 2.4.2(a) of Section 3

Note:
The Employer should
insert here contract size,
complexity, methods,
technology, or other
characteristics as
described in section 5
(Employer's
Requirements) against
which the bidder
demonstrates similarity in
the box on the right-hand-
side.

Procurement of Works Standard Procurement Document – ICB

Section 4 - Bidding Forms 4-27

Form EXP – 2 (b): Specific Construction Experience in Key Activities

Fill up one (1) form per contract

Contract with Similar Key Activities

Contract No . . . . . . of . . . . . Contract Identification

Award Date Completion Date

Role in Contract  Contractor  Management Contractor  Subcontractor

Total Contract Amount US$ …………….

If partner in a JV or
subcontractor, specify
Percent of Total Amount
participation of total contract
amount

Employer’s Name
Address
Telephone Number
Fax Number
E-mail

Description of the key activities in accordance with Criteria 2.4.2(b) of Section 3

Note:
The Employer should
insert here production
rate(s) for the key activity
(activities) subject
contract against which the
bidder demonstrates in the
box on the right-hand-side
production rates achieved
by him on previous
contracts.

Procurement of Works Standard Procurement Document – ICB

Section 5 – Work Requirements 5-1

PART II: EMPLOYER'S REQUIREMENTS

Procurement of Works Standard Procurement Document – ICB

Section 5 – Work Requirements 5-2

Section 5 - Works Requirements

This Section contains the Specification, the Drawings, and supplementary information that describe the Works
to be procured.

Table of Contents

Scope of Work ..................................................................................................................................... 5-3

Specifications ....................................................................................................................................... 5-4

Drawings .............................................................................................................................................. 5-6

Supplementary Information............................................................................................................... 5-7

Personnel Requirements ……………………………………………………………………………..5-7

Equipment Requirements ……………………………………………………………………………5-8

Procurement of Works Standard Procurement Document – ICB

Section 5 – Work Requirements 5-3
Scope of Work

[Insert detail scope of works]

Procurement of Works Standard Procurement Document – ICB

Section 5 – Work Requirements 5-4
Specifications

Notes on the Specifications

A set of precise and clear specifications is a prerequisite for Bidders to respond realistically and competitively to the
requirements of the Employer without qualifying or conditioning their Bids. The specifications must be drafted to
permit the widest possible competition and, at the same time, present a clear statement of the required standards of
workmanship, materials, and performance of the goods and services to be procured. Only if this is done will the
objectives of economy, efficiency and fairness in procurement be realized, responsiveness of Bids be ensured, and
the subsequent task of bid evaluation facilitated. The specifications should require that all goods and materials to be
incorporated in the Works be new, unused, of the most recent or current models, and incorporate all recent
improvements in design and materials unless provided otherwise in the Contract.

Samples of specifications from previous similar projects are useful in this respect. The use of metric units is
encouraged by the Donor Agency in case of Donor assisted projects. Most specifications are normally written
specially by the Employer or Project Manager to suit the Contract Works in hand. The available standard
specification of works of Ministry of Physical Planning and Works, DoLI and Other line Ministries can be adopted
for respective civil construction works.

There are considerable advantages in standardizing General Specifications for repetitive Works in recognized public
sectors, such as highways, urban housing, irrigation, and water supply, in the same country or region where similar
conditions prevail. The General Specifications should cover all classes of workmanship, materials, and equipment
commonly involved in construction, although not necessarily to be used in a particular Works Contract. Deletions
or addenda should then adapt the General Specifications to the particular Works.

Care must be taken in drafting specifications to ensure that they are not restrictive. In the specification of standards
for goods, materials, and workmanship, recognized international standards should be used as much as possible.
Where other particular standards are used, whether national standards of Nepal or other standards, the specifications
should state that goods, materials, and workmanship that meet other authoritative standards, and which ensure
substantially equal or higher quality than the standards mentioned, will also be acceptable. The following clause
may be inserted in the Special Conditions or Specifications.

Employers should decide whether technical solutions to specified parts of the Works are to be permitted.
Alternatives are appropriate in cases where obvious (and potentially less costly) alternatives are possible to the
technical solutions indicated in the bidding documents for certain elements of the Works, taking into consideration
the comparative specialized advantage of potential bidders. For example:

The Employer should provide a description of the selected parts of the Works with appropriate references to
Drawings, Specifications, Bill of Quantities, and Design or Performance criteria, stating that the alternative
solutions shall be at least structurally and functionally equivalent to the basic design parameters and specifications.

Such alternative solutions shall be accompanied by all information necessary for a complete evaluation by the
Employer, including drawings, design calculations, technical specifications, breakdown of prices, proposed
construction methodology, and other relevant details.

Sample Clause: Equivalency of Standards and Codes

Procurement of Works Standard Procurement Document – ICB

Section 5 – Work Requirements 5-5
Wherever reference is made in the Contract to specific standards and codes to be met by the goods and materials to
be furnished, and work performed or tested, the provisions of the latest current edition or revision of the relevant
standards and codes in effect shall apply, unless otherwise expressly stated in the Contract. Where such standards
and codes are national, or relate to a particular country or region, other authoritative standards that ensure a
substantially equal or higher quality than the standards and codes specified will be accepted subject to the Project
Manager’s prior review and written consent. Differences between the standards specified and the proposed
alternative standards shall be fully described in writing by the Contractor and submitted to the Project Manager at
least 30 days prior to the date when the Contractor desires the Project Manager’s consent. In the event the Project
Manager determines that such proposed deviations do not ensure substantially equal or higher quality, the
Contractor shall comply with the standards specified in the documents.

These Notes for Preparing Specifications are intended only as information for the Employer or the person drafting
the Procurement Documents. They should not be included in the final documents.

Procurement of Works Standard Procurement Document – ICB

Section 5 – Work Requirements 5-6
Drawings

Note:
1. It is customary to bind the drawings in a separate volume, which is often larger than other volumes of the
contract documents. The size will be dictated by the scale of the drawings, which must not be reduced to
the extent that details are reduced illegible.

2. A simplified map showing the location of the Site in relation to the local geography, indicating major
roads, posts, airports, and railroads, is helpful.

3. The construction drawings, even if not fully developed, must show sufficient details to enable bidders to
understand the type and complexity of the work involved and the price the Bill of Quantities.

Procurement of Works Standard Procurement Document – ICB

Section 5 – Work Requirements 5-7
Supplementary Information

[Insert Supplementary Information if any]

Procurement of Works Standard Procurement Document – ICB

Section 5 – Work Requirements 5-8
Personnel Requirements
Using Form PER-1 and PER-2 in Section 4 (Bidding Forms), the Bidder must demonstrate it has personnel
that meet the following requirements:

No. Position Academic Qualification Total Work Experience in Similar

Experience [Years] Works [years]
[When position demands]

1.

2.

3.

4.

5.

Equipment Requirements
Using Form EQU in Section 4 (Bidding Forms), the Bidder must demonstrate it has the key equipment listed
below:

No. Equipment Type and Characteristics Min. Number Requirement

1.

2.

3.

4.

5.

Procurement of Works Standard Procurement Document – ICB

Section 6`. General Conditions of Contract 7-1

Section 6 – Preamble to the Bill of Quantities14

(Please Refer to Price Bid)

14
In lump sum contracts, delete “Bill of Quantities” and replace with “Schedule of Activities” throughout this section.
Procurement of Works Standard Procurement Document – NCB
Section 6`. General Conditions of Contract 7-2

PART III: CONDITIONS OF

CONTRACT AND CONTRACT FORMS

Procurement of Works Standard Procurement Document – NCB

Section 6`. General Conditions of Contract 7-3

Section 7 - General Conditions of Contract

The Conditions of Contract comprise two parts, this Section 7 - General Conditions of Contract (GCC) and the
following Section 8 - Particular Conditions of Contract (PCC)

The General Conditions shall be the Conditions of Contract for Construction for Building and Engineering
Works Designed by the Employer, prepared by the Fédération Internationale des Ingénieurs-Conseil, or FIDIC
(FIDIC MDB Harmonized Construction Contract) available at http://www.fidic.org/

The Conditions of Contract have been prepared for an ad measurement (unit price or unit rate) type of contract
and cannot be used for other types of contract.

Copies of the FIDIC Conditions of Contract can be obtained from:

FIDIC Secretariat
P. O. Box 86
1000 Lausanne 12
Switzerland
Web site: http://www.fidic.org

Procurement of Works Standard Procurement Document – NCB

Section 8 Particular Conditions of Contract 8-1

Section 8 – Particular Conditions of Contract

(PCC)
Notes on the Particular Conditions of Contract

The PCC complement the GCC to specify data and contractual requirements linked to the special circumstances of
the Country, the Employer, the Engineer and overall Project and the Contract works requirement. Whenever there
is a conflict, the provisions herein shall prevail over those in the GCC.

Part A - Contract Data of the PCC should include data to complement the GCC in a manner similar to the way in
which the Bid Data Sheet (BDS) complements the Instructions to Bidders (ITB).

Part B - Specific Provisions of the PCC are sample provisions which are used in other Projects in Nepal They are
included here as reference for use by the Employer in preparing the Specific provisions. . They are not a complete
standard set of provisions.. Project-specific provisions needs to be prepared in each case. Project specific
requirement may require the sample provisions to be retained modified or deleted and new provisions added while
preparing the Specific Provisions for each specific Contract.

Note: Clause numbers in the PCC correspond to those in the GCC.

Procurement of Works Standard Procurement Document – ICB

Section 8 Particular Conditions of Contract 8-2

Part A – Contract Data

Conditions Ref. GCC Data
Employer’s name and address 1.1.2.2 &1.3 [ ... insert Employer’s name and address ... ]
Engineer’s name and address 1.1.2.4 & 1.3 [ ... insert Engineer’s name and address ... ]
(if applicable)
Bank name (if applicable) 1.1.2.11 [ ... insert the name of the Development Partner
financing the project if applicable ” ]
Donor’s name (if applicable) 1.1.2.11 [ ... insert Donor name.. if Applicable otherwise
insert “Not Applicable”]
Borrower’s name 1.1.2.12 [ ... insert Borrower’s name if applicable ]
Time for Completion 1.1.3.3 Replace the provision by “ “Time of Completion”
means the time for completing the works or a
Section under Sub Clause 8.2 [Time for
Completion] or completion of work in percentage of
contract amount , as stated in the Contract Data
(with any extension under Sub Clause 8.4
[Extension of Time of Completion],calculated from
the commencement date.
[insert duration for time for completion of the
whole of the Works and also the time for
completion of sections or time for completion in
terms of percentage of works, if applicable. If
times (or dates) are to be specified for
completion of various sections of the Works or
for percentage of works , the applicable
information should be listed in the table below
for “Summary of Section completion or
Percentage completion of the Works” ]
Defects Notification Period 1.1.3.7 365 days.
Sections 1.1.5.6 [If sections or percentage completion of works is
used , refer to table Summary of Sections of the
Works given below]
Electronic transmission systems (if 1.3 [.....insert Electronic transmission systems if
applicable) applicable....]
Governing Law 1.4 The law of Nepal
Ruling language 1.4 English
Language for communications 1.4 English
Joint and Several Liability 1.14 The contractor shall not handover the responsibility
of the contract to any one member or some
members of Joint Venture or any other parties, not
involved in the contract.
Time for access to the Site 2.1 days after Commencement Date [insert
different dates if site is made available by
sections]
Engineer’s Duties and Authority 3.1(b)(ii) Variations resulting in an increase of the Accepted
Contract Amount in excess of_[insert % if
required in Donor funded Project otherwise
insert not Applicable] shall require approval of the
Employer.
Performance Security 4.2 i) If bid price of the bidder selected for acceptance is
up to 15 (fifteen) percent below the approved cost
estimate, the performance security amount shall be 5
(five) percent of the bid price.

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Section 8 Particular Conditions of Contract 8-3

ii) For the bid price of the bidder selected for

acceptance is more than 15 (fifteen) percent below of
the cost estimate, the performance security amount
shall be determined as follows:
Performance Security Amount = [(0.85 x Cost
Estimate –Bid Price) x 0.5] + 5% of Bid Price.
The Bid Price and Cost Estimate shall be exclusive of
Value Added Tax.
If the bid for an Unit Rate Contract, which results in
the lowest Evaluated Bid Price, is seriously
unbalanced, front loaded in the opinion of the
Employer, the Employer may require the Bidder to
produce detailed price analysis for any or all items of
the Bill of Quantities, to demonstrate the internal
consistency of those prices with the construction
methods and schedule proposed. After evaluation of
the price analysis, taking into consideration the
schedule of estimated Contract payments, the
Employer may require that the amount of the
performance security be increased in addition to
mentioned above the expense of the Bidder as
mentioned in BDS to protect the Employer against
financial loss in the event of default of the successful
Bidder under the Contract.
Performance Security submitted to the Employer
shall be “an Unconditional (on demand) Bank
Guarantee” from a recognized Commercial Bank
or Financial Institution eligible to issue Bank
Guarantee as per prevailing Law of Nepal
acceptable to the Employer.
The performance security form shall be in the
format of the Bidding Document, Section 9
Contract forms.
Normal working hours 6.5 Normal working hours shall be 08.00 to 18.00 every
day inclusive of two-hour break. Saturdays and
Public Holidays are non-working days.
Extension of Time for Completion 8.4 The Project Manager shall decide whether and by
how much to extend the Intended Completion Date
within 21 days of the Contractor asking the Project
Manager for a decision upon the effect of a
Compensation Event or Variation and submitting
full supporting information along with Performance
Security, Advanced Payment Guarantee and
insurance Policy with extended validity as well as
revised work schedule at least 21 days prior to the
intended completion date. If the Contractor has
failed to give early warning of a delay or has failed
to cooperate in dealing with a delay, the delay by
this failure shall not be considered in assessing the
new Intended Completion Date.
Delay damages for the Works 8.7 & The liquidated damage for whole of the works is
14.15(b) 0.05 % of the final Contract Price per day, in the
currencies and proportions in which the Contract
Price is payable. If sectional or percentage
completion mile stone s are specified then [ insert
applicable liquidated damages will be as specified
in the “Summary of Section of Works “ table
given below]
Maximum amount of delay damages 8.7 10 % of the final Contract Price.

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Section 8 Particular Conditions of Contract 8-4
Provisional Sums 13.5.(b)(ii) _______% [If there are Provisional Sums, insert
a percentage for adjustment of Provisional Sums]

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Section 8 Particular Conditions of Contract 8-5
Adjustments for Changes in Cost; 13.8 Period “n” applicable to the adjustment multiplier
Table(s) of Adjustment Data “Pn”: _”Not Applicable”
[Add New paragraphs with the following texts at
the end of Sub-Clause 13.8:

13.8.1“The base cost indices or prices shall be

those prevailing on the day 30 days prior to the
latest date for submission of bids. Current indices
or prices shall be those prevailing 30 days prior to
the period to which a particular Payment
Certificate is related. If at any time the current
indices are not available, provisional indices
determined by the Engineer shall be used, subject
to subsequent correction of the amounts paid to the
contractor when the applicable indices become
available.
13.8.2 Sources of Indices and Weightings: The
sources of indices shall be those listed in the
Bidding Forms- Table of Price Adjustment
data, as approved by the Project Manager.
Indices shall be appropriate for their
purpose and shall relate to the Contractor’s
proposed source of supply of inputs on the
basis of which his Contract shall have been
computed. As the proposed basis for price
adjustment, the Contractor shall have
submitted with his bid the tabulation of
Weightings and Source of Indices in the
Bidding Forms, which shall be subject to
approval by the Project Manager.
13.8.3 Weightings: The weightings for each of
the factors of cost given in the Bidding
Forms shall be adjusted if, in the opinion of
the Project Manager, they have been rendered
unreasonable, unbalanced or inapplicable as
a result of varied or additional work already
executed or instructed under Clause 13.1 or for
any other reason.
13.8.4 Subsequent Legislation: If, after the date 30
days prior to the latest date for submission of
bids for the Contract, there occur changes to
any National Statute, Ordinance, Decree, or other
Law or any regulation or by-law of any local or
other duly constituted authority, or the
introduction of any such Statute, Ordinance,
Decree, Law, regulation or by-law which
causes additional or reduced cost to the
Contractor, other than under the preceding
sub-clauses of this clause, in the execution of
the Contract, such additional or reduced
cost shall, after due consultation with the
Employer and the Contractor, be determined
by the Project Manager and shall be added to
or deducted from the Contract Price and the
Project Manager shall notify the
Contractor accordingly, with a copy to the
Employer.

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Section 8 Particular Conditions of Contract 8-6
Notwithstanding the foregoing, such additional or
reduced cost shall not be separately paid or credited if
the same shall already have taken into account in the
indexing of any inputs to the Price Adjustment
Formulae in accordance with the provisions of Sub-
Clauses 13.8.
Total advance payment 14.2 ____% Percentage of the Accepted Contract
Amount payable in the currencies and proportions
in which the Accepted Contract Amount(excluding
provisional sum and VAT) is payable
[Insert number and timing of installments if
applicable]
Repayment amortization of advance 14.2(b) [ insert _______%]
payment Note: usually 30% of the amount of the Interim
Payment Certificates.
Percentage of Retention 14.3 ___%___[insert as applicable for GoN and DP
funded project]
Limit of Retention Money 14.3 ___%___ [insert as applicable for GoN and DP
funded project]
Plant and Materials 14.5 (b)(i) If Sub Clause 14 5 applies :
Plants and Materials for payment when shipped en
route to the site………………..[insert list]

14.5 (c)(i) Plants and Materials for payment when shipped en

route to the site………………..[insert list]

Minimum Amount of Interim 14.6 % of the Accepted Contract Amount.

Payment Certificates
Maximum total liability of the 17.6 [Select one of the two options below as
Contractor to the Employer appropriate]
The product of [insert a multiplier less or greater
than one] times the accepted Contract Price.
0r
………..[insert amount of the maximum total
liability]
Periods for submission of insurance: 18.1 [Insert period for submission of evidence of
insurance and policy. Period may be from 14
days to 28 days.]
a. evidence of insurance.
a. evidence of insurance 21 days
b. relevant policies
b. relevant policies 21 days
Maximum amount of deductibles for 18.2(d) [insert maximum amount of deductibles]
insurance of the Employer's risks
Minimum amount of third party 18.3 [insert minimum amount of third party
insurance insurance]
Date by which the DAB shall be 20.2 NA
appointed
The DAB shall be comprised of 20.2 NA
List of potential DB sole members 20.2 NA
Appointment (if not agreed) to be 20.3 NA
made by
Arbitration 20.6(a) For contracts with foreign contractors International
arbitration shall be:
(i) Administered by: [ ... insert institution ... ]
(ii) Conducted in accordance with the rules of: [ …
insert rules ... ].

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Section 8 Particular Conditions of Contract 8-7
20.6 (b) Replace the provision by “ The place of
Arbitration shall be Kathmandu, Nepal”

Summary of Section completion or Percentage completion of the Works

Section Name/Description Time for Completion Damages for Delay

Or Percentage completion (Sub-Clause 1.1.3.3) (Sub-Clause 8.7)
(Sub-Clause 1.1.5.6)

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Section 8 Particular Conditions of Contract 8-8
Part B - Specific Provisions
{The following sample provisions are included here as reference for use by the Employer in preparing the Specific
provisions.. They are not a complete standard set of provisions. Project-specific provisions needs to be prepared in
each case. Project specific requirement may require the sample provisions to be retained modified or deleted and
new provisions added while preparing the Specific Provisions for each specific Contract]

General Conditions Ref.GCC Data

Base Date 1. 1. 3 Delete 1.1.3 “Base Date” and substitute as follows:
“Base Date” means the date 30 days prior to the latest date for
submission and completion of the Tender
Contract Agreement 1.6 Replace the first line of the paragraph by the following:
“The parties shall enter into a Contract Agreement within 15
days after the Contractor receives the Letter of Acceptance.
Assignment 1.7 Add the following text at the end of Sub-Clause 1.7:
“Any charge to the legal or beneficial shareholding of the
Contractor or in any joint venture partnership or consortium
which would have the effect of changing the effective control of
the Contractor shall be deemed to be an assignment requiring
the consent of the Employer under this clause.”
Care and Supply of 1.8 Add the following text at the end of Sub-Clause 1.8:
Documents Irrespective of the above, the Contractor shall be responsible for
the production of detailed construction drawings as may be
necessitated by his work program pursuant to Sub-Clause 8.3
and as the Engineer may deem necessary for the proper
execution of the Works. The Contractor shall supply two copies
of draft prints of all such detailed construction drawings for the
Engineer’s review and when approved by the Engineer shall
supply six final prints together with a reproducible copy on
computer disk or as may be otherwise approved by the
Engineer.
Inspection and Audit of the 1.15 Replace the Provision by the following:
Bank “Inspection and Audit of the Bank or Employer
The Contractor shall permit the Bank or employer and /or persons
appointed by the Bank/Employer to inspect the Site and /or the
Contractor’s accounts and records audited by auditors appointed
by the Bank/Employer if required by the Bank/Employer. “

Engineer’s Duties and 3.1 Add the following provisions at the end of Sub Clause 3.1:
Authority (e) Approving subcontracting of any part of the Works as per
Sub-Clause 4.4
(f) Issuing the Notice for Commencement of the Works as per
Sub-Clause 8.1
(g) Fixing Rates or Prices as per Sub-Clause 13:
Contractor’s General 4.1 Add the following paragraph at the end of sub clause 4.1(d):
Obligations The Contractor shall also be responsible for the preparation of
“As Built” drawings of all completed permanent works. The
Contractor shall supply two copies of draft prints of all such “As
Built” drawings for the Engineer’s review and when approved
by the Engineer, shall supply six final prints together with a
reproducible copy in electronic format or as may be otherwise
approved by the Engineer.
The Contractor shall, where applicable, comply with the
requirements stated in the Environmental Management Plan
when provided in the Contract Document.
Performance Security 4.2 Delete and replace the second paragraph with the following
text:

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Section 8 Particular Conditions of Contract 8-9
General Conditions Ref.GCC Data
The Contractor shall deliver the Performance Security to the
Employer within fifteen (15) days after receiving the Letter of
Acceptance and shall, send a copy to the Engineer. The
Performance Security shall be denominated in the types and
proportions of currencies in which the Contract Price is payable.
The Contractor shall notify the Engineer when providing the
Performance Security to the Employer. The Performance
Security shall be issued either
(a) by a bank located in Nepal or
(b) directly by a foreign bank through a counter guarantee by a
bank in Nepal.
Subcontractors 4.4 Add new text to this Sub-Clause 4.4, after item (d) as follows:
(e) In the event of approved subcontracting the Contractor shall
ensure that Subcontractors do not further sub-let their contract;
(f) The Contractor shall not terminate the engagement of a
subcontractor without the prior written consent of the
Employer.”
g) The Contractor shall keep a log showing the following
information on the Sub Contractors, suppliers and transporters
engaged in the contract works:
 Name and Address
 Copy of Sub Contracting Agreement
 Works and value contract
 Commencement and completion dates
 Copy of payment certificates\

Co-operation 4.6 Add the following text after the final paragraph:
“The provisions of Sub-Clause 4.6 notwithstanding, the
Contractor shall allow free passage to other contractors working
under contract to the Employer through and over the Site in the
furtherance of their obligations under their contracts.”
Site Data 4.10 At the end of the Sub-Clause add new paragraph with the
following text:
“Site Data made available by the Employer in accordance with
Sub-Clause 4.10 [Site Data] shall be deemed to include data
listed elsewhere in the Contract as open for inspection at [Insert
office name]”.
Rights of Way and Facilities 4.13 Insert the following text as the first paragraph of Sub-Clause
4.13:
“The Contractor shall ascertain the location of all existing
public utilities and other structures which may be encountered
during the execution of the Works. He shall temporarily support
or divert and subsequently reinstate all such utilities and
structures as necessary and to the satisfaction of the Engineer.
As soon as any such utilities or structure is encountered during
the performance of the Contract, the Contractor shall make a
record of the location and description of such service or
structure and shall send the same forthwith to the Engineer.
Where permanent diversion or support of such service or
structure is rendered necessary as the unavoidable result of the
execution of the Works in accordance with the Contract, the
Engineer after consultation with the Employer will instruct the
Contractor regarding the works to be carried out and the
Contractor shall be paid the costs thereof in accordance with
Clause 13 hereof if the work is not already apart of the
contract.”.

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Section 8 Particular Conditions of Contract 8-10
General Conditions Ref.GCC Data
Progress Report 4.21 Insert the following text after the last paragraph of the Sub
Clause 4.21:
“The Contractor shall keep a Site Diary wherein full details of
all work carried out each day shall be recorded. The Site Diary
may be prepared in sections relating to different parts of the
works being carried out in different locations if applicable. The
Contractors shall submit a copy of the Site Diary progress
record every week to the Engineer.
Fossils 4.24 Insert the following text after the first paragraph:

All materials and things of any kind obtained from excavations

or found on or under the Site, or under any additional Site which
the Contractor may be allowed to occupy, shall remain the
property of the Government and shall not be used in the works
or sold or otherwise disposed of without the written authority of
the Engineer unless otherwise expressly provided in the
Specification.
Site Meetings 4.25 Add new Sub-Clause 4.27 with the following text:

The Engineer shall arrange regular site meeting and prepare the
minutes of the meetings. The Engineer shall summon all parties
concerned to the first Site Meeting where the date, time and
place of future meetings shall be decided. It is the duty of the
Contractor or his Representative to participate in the Site
Meetings.

The purpose of the Site Meetings is to co-ordinate the Works

with the Contractor, to review the progress of the Works in
relation to the Programme and to record understandings and
agreed arrangements regarding the conduct and execution of the
Works.

Agreements recorded in Minutes of the Site Meetings are

binding on all parties, if objections to the minutes have not been
given in due time. Any objections to the Minutes of a Site
Meeting shall be raised in writing at the next Site Meeting and
in any case not later than 4 weeks after the meeting to which the
Minutes refer. If the Contractor at this time has not received the
Minutes of the Site Meeting, the objection must be given in
writing to the Engineer no later than 4 working days after the
subsequent receipt of the said Minutes. The Minutes of the Site
Meetings shall be numbered consecutively. Minutes shall be
deemed to have been received by the Contractor unless the
Contractor gives notice at the following meeting that the
Minutes were not received and there is no evidence to the
contrary

Domestic Preference Security 4.26 Add new Sub-Clause 4.28:

If the Contractor consists of a joint venture which is awarded the

Contract through the application of the domestic preference, the
Contractor:

(i) throughout the execution of the Contract, shall not modify

the work-sharing characteristics of the joint venture with
which it satisfied the criteria of eligibility for the award of
the Contract under domestic preference; and

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Section 8 Particular Conditions of Contract 8-11
General Conditions Ref.GCC Data

(ii) concurrently with the above Performance Security, shall

provide security ("the domestic preference security") to
guarantee that such characteristics of the joint venture will
not be so modified.
Rates of Wages and 6.2 Insert the following text after the first paragraph:
Conditions of Labour
The Contractor’s scales of wages shall be such as to ensure that
there is no differentiation between wages for men and women
for work of equal value.
Labour Laws 6.4 Add the following text at the end of Sub-Clause 6.4:

The Contractor and sub-contractors shall comply with all

applicable laws.
Commencement of Works 8.1 The Commencement date shall be [insert number] days after the
Contractor receives Letter of Acceptance. The requirements of
Sub-Clauses 8.1 (b) and 8.1 (d) shall not be precedent conditions
to Commencement of the Works.
Time for Completion 8.2 Insert the following additional text after the last bullet :
“c) Handing over all documents that are required to be delivered
to the Employer prior to the Taking –Over Certificate being
issued as stated in the Employer’s Requirements.”

Extension of Time of 8.4 Add the following text at the end of Sub-Clause 8.4:
Completion The granting of an extension of time for completion shall not
entitle the Contractor to any additional payment. Where, in the
opinion of the Contractor, additional costs have been incurred as
a result of the cause or the event for which an extension of time
for completion has been granted, such costs shall be well
documented and may be claimed separately, in accordance with
the provisions of Clause 20.1.
Bonus 8.13 Add new Sub Clause 8.13:

“The Contractor shall be paid a bonus calculated at the rate of

[insert …..% ] of the final contract price] for each day that the
completion of the works is earlier than the Time of Completion
pursuant to GCC 8.2. The total amount of Bonus shall not
exceed [insert …… % ] of the final contract price.

Taking Over of the Works and 10.1 Replace (a) of Paragraph 3(three) by
Sections (a) issue the Taking-Over Certificate to the Contractor, stating
the date on which the Works or Section were completed in
accordance with the Contract, if physical progress of works
is at least ninety (90) percent in accordance with the
Contract except for any minor outstanding work and defects
which will not substantially affect the use of the Works or
Section for their intended purpose (either until or whilst this
work is completed and these defects are remedied); or
Payment of Retention Money 14.9 Insert Paragraph 2 (two) and 3 (three) after Paragraph 1
(One) as follows:
(2) the Contractor may substitute retention money with an
unconditional bank guarantee issued from Commercial Bank
or Financial Institution eligible to issue Bank Guarantee as per
prevailing Law if:
(a) at least eighty (80) percent of the whole works have been

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Section 8 Particular Conditions of Contract 8-12
General Conditions Ref.GCC Data
completed,
(b) progress of the works is satisfactory in accordance with the
Contract as per approved work schedule
(c) it can be assured that the works can be completed at the
intended completion date
(3) If retention money is substituted by bank guarantee in
accordance with clause 54.2, the bank guarantee shall be
submitted either using the Retention Money Security
Form included in Section 9 (Contract Forms) or in
another Form acceptable to the employer. The validity of
the bank guarantee shall be at least one month more than
the end of defect liability period.
Termination By Employer 15.2 Add Sub clause (g), (h), (i)
The Employer may terminate the Contract at any time if the
contractor :
g) does not commence the work as per the Contract,
h) abandons the work without completing,
i) fails to achieve progress as per the Contract.

Corrupt or Fraudulent 15.6 Replace sub-clause: (a; (b); (c) and (d) by:
Practices (a)
(vi) “corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, anything of value to
influence improperly the actions of another party;
(vii) “fraudulent practice” means any act or omission, including
a misrepresentation, that knowingly or recklessly misleads,
or attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation;
(viii) “coercive practice” means impairing or harming, or
threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly
the actions of a party;
(ix) “collusive practice” means an arrangement between two or
more parties designed to achieve an improper purpose,
including influencing improperly the actions of another
party.

Corrupt or Fraudulent
Practices (x) “obstructive practice” means:
deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false
statements to investigators in order to materially impede a
GoN/DP investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(xi) acts intended to materially impede the exercise of the
GoN’s/DP’s inspection and audit rights provided for under
sub-clause 1.15
(b) will sanction a firm or individual, including declaring
ineligible, for a stated period of time, to be awarded a
GoN/DP-financed contract if it at any time determines that
the firm has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for, or in executing, a GoN/DP-

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Section 8 Particular Conditions of Contract 8-13
General Conditions Ref.GCC Data
financed contract

Insurance of the Works and 18.2 The Insuring Party shall be the Contractor.
Contractor’s Equipment
Insurance of the Works and 18.2 Add the following text after Sub-paragraph 18.2 (e)(iv):
Contractor’s Equipment
It shall be the responsibility of the Contractor to notify the
insurance company of any change in the nature and extent of the
Works and to ensure the adequacy of the insurance coverage at
all times during the period of the Contract.

Consequence of Force 19.4 Replace the provision of Sub Clause 19.4 (b) as follows:
Majeure
If the event or circumstances is of the kind described in sub-
paragraphs (i) to (iv) of Sub Clause 19.1[Definition of Force
Majeure] and, .in the case of sub paragraphs (ii) and (iv),
occurs in the Country, payment of any such cost. In the case of
sub paragraph (iii) occurs then cost compensation shall be
applicable only if the Force Majeure situation exists for more
than three consecutive days and the cost compensation shall
only made for the cost incurred during the period after the first
3 days . However if the total Force Majeure situation exceeds 7
days period in a calendar month then the cost compensation
shall be applicable for the period in excess of seven days even
if the Force majeure situation did not exist continuously for
more than three days .

Customs and Tax Provisions 21 Insert New Clause:

for Contractors of Donor
Funded Projects if it is an
requirement
General 21.1 (a) Unless otherwise specifically declared in the Contract
Documents, the prices bid by the Contractor and its suppliers
and Subcontractors shall include business taxes and other
taxes that may be levied in accordance with the laws and
regulations in force or in effect in Nepal as of 30 days prior
to the closing date for submission of tenders in the
Employer’s country on the Equipment, Plant, materials and
supplies (permanent, temporary and consumables) acquired
for the purpose of the Contract and on the services performed
under the Contract. Whatsoever provisions made in the
Contract shall not relieve the Contractor, its suppliers and
Subcontractors from their responsibility to pay income tax
that may be levied in the Employer’s country on profits made
by the Contractor, its suppliers and Subcontractors in respect
of the Contract.

(b) In the event that the origin of any of the Contractor’s or its
Subcontractors’ or the nominated subcontractors’ plant,
equipment and materials is India, the above provisions for
the exemption of customs duties and VAT as is mentioned in
this Clause shall be applied only under the following
conditions. Failure to comply with these conditions will
result in application of normal customs duties, VAT as per
prevailing rules and regulations of the Government of Nepal.

(i) should the Contractor request payment in Indian

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Section 8 Particular Conditions of Contract 8-14
Currency, the equipment and materials must have been
imported under the ‘Duty Refundable Procedures (DRP)’
(ii) should the Contractor request payment in other
convertible currencies, the equipment and materials must
have been imported under ‘In Bond Transfer Procedures’.
Staff Income Tax 21.2 The Contractor’s staff, personnel and labourers, and those of its
Subcontractors, will be liable to pay personal income taxes in
the Employer’s country, irrespective of whether they be local or
foreign nationals, on income earned including salaries and
wages as applicable under the laws and regulations of Nepal.
The Contractor shall perform such duties in regard to Tax
Deduction at Source (TDS) thereof as may be applicable by
such laws and regulations.
Import License 21.3 The Contractor shall inform the Employer and the Engineer in
writing the details of the equipment and materials to be imported
into Nepal for use on the Works at least 45 days prior to arrival
of shipment at disembarkation port, and shall submit a formal
written request for assistance from the Employer for importation
processing. The Employer will assist the Contractor to obtain
the necessary permits for import such equipment and materials
into Nepal. Import license fees or any other charges shall be at
the cost of the Contractor. The Contractor shall be responsible
for transport from the Port of Disembarkation to the Site or
location of the Works. The Contractor shall be fully responsible
to determine these rates and the amount at the time of preparing
tender document and include such costs in its bids. In failing to
do so, the Employer shall not be liable to pay such costs and the
Contractor shall pay such charges as local or any customs
authorities en-route may impose, which will not be an eligible
item for refund from the Employer.
Duties on Equipment, Plant, 21.4 (a) Notwithstanding the provisions of this document,
Materials and Supplies Contractor’s Plant and Equipment, including essential tools
(Re-exportable Items) thereof, imported for the sole purpose of executing the
Contract on condition of re-export upon completion of the
Works, shall be exempt from payment of customs duties,
VAT and other applicable taxes. However, the Contractor
shall deposit the amount or provide a Bank Guarantee to the
G/N Customs Office equal to the amount of customs duties
and other taxes as per the prevailing laws, rules and
regulations of Nepal for those imported items of equipment,
plant, materials and supplies at the time of import. Such
deposited amount shall be refunded, or the Bank Guarantee
cancelled by the Employer after submission to the Employer
of the re-export certificate issued by the Customs
Department.
(b) Any Plant, materials or supplies imported by the Contractor
and used in the Works or for the performance of the Works
shall be taken out of Nepal within 90 (ninety) days of the
completion of the Works. If the Contractor disposes of or
consumes any equipment, spare parts, unused materials or
supplies within Nepal, it shall pay all customs duties, VAT,
income tax on the sales proceeds and taxes applicable on
such items under the laws and regulations of Nepal in force.

Duties on Equipment, Plant, 21.5 (a) Equipment, plant, materials and supplies, imported by the
Materials and Supplies Contractor for execution of the Works, shall be subject to
(Consumable Items) payment of customs duty at a special rate of one percent
(1%) of CIF or Customs entry point value. This customs duty
shall be paid by the Contractor at the time of import and will
be reimbursed by the Employer to the Contractor upon
submission of the original receipt issued by the Customs

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Section 8 Particular Conditions of Contract 8-15
Department.
(b) Customs Duties at the rate of one (1%) percent shall be
imposed on the spare parts of the Contractor’s equipment and
plant which are imported for the execution of the works, up
to the amount of 10 (ten) percent of the CIF or Customs entry
point value of each plant and equipment. If the value of
imported spare parts exceeds 10 (ten) percent value of each
equipment and plant, Contractor should pay taxes and duties
in accordance with the prevailing laws and regulations of
Nepal. The Employer shall not reimburse such customs
duties, VAT and other taxes paid by the Contractor.
(c) The Contractor shall maintain records satisfactory to the
Employer documenting use of all Plant, materials and
supplies imported into and/or procured for the performance
of the Works. If any of such Plant, materials and/or supplies,
imported into Nepal or otherwise supplied to the Project at a
special or preferential rate of Customs Duties or taxes, are
misused or found to be used or appropriated for any purposes
other than the Project, the Contractor shall be held fully
responsible, and liable to pay customs duties, VAT and other
taxes and/or any penalties as may be imposed in accordance
with the prevailing laws and regulations of Nepal.
Duties & Taxation on Goods 21.6 (a) VAT shall be imposed according to prevailing laws and
regulations of GoN, on all materials and equipment
purchased for the use in the contract Works. The Contractor
shall submit request with VAT bills to the VAT office of
GoN for reimbursement of the paid VAT within the
prescribed time.
Income Tax 21.7 (a) Income tax assessed in accordance with the prevailing
Income Tax Act of Nepal and as per the provision of specific
Double Taxation Agreement, shall be imposed on the
Contractor, its subcontractor and nominated subcontractor.
An advance income tax as per the prevailing Income Tax and
Finance Act shall be deducted from the monthly progress
payments of the Contractor.
Duties, Taxes regulations etc. 21.8 (a) The Contractor shall pay all duties, taxes, fees and
contributions levied in Nepal in Nepalese Rupees as directed
by the relevant governmental department or office or any
other local statutory agency or body in accordance with the
relevant rules and regulations.
(i) The provisions of the clause shall apply equally to foreign
subcontractors or nominated subcontractors of the Contractor
employed for the Works.
(ii) The Contractor and any foreign subcontractors or
nominated subcontractors employed on the Works, if not
already registered in Nepal, shall be required to get registered
with the Inland Revenue Department (IRD) for the purpose
of the Contract, which shall be undertaken within 30 days
after signing of the Contract Agreement. The Contractor,
subcontractor or the nominated subcontractor shall submit
Certified copies of the Registration Certificate(s) to the
Engineer within 14 days of registration.
(iii) Other local fees and charges (toll taxes) shall be applied in
accordance with the prevailing laws and regulations of
Nepal.
Royalties for Extraction of 21.9 The Contractor shall pay, and shall not be entitled to the
Aggregates, etc. from River reimbursement of the costs of, all charges and royalties levied in
Bed connection with the extraction of aggregates such as sand,
stone/boulders, gravel, etc. from the river beds or from quarry
sites or borrow pits and in connection with the winning of

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Section 8 Particular Conditions of Contract 8-16
borrow material. Such charges will be levied by the local
District Development Committee (DDC) or the Village
Development Committee (VDC) or by other local committees in
accordance with such regulations as may be in force at the time.
Use of Explosives 22 Insert New Clause:
Compliance with Regulations 22.1 The Contractor shall comply with all relevant ordinances,
for Explosives instructions and regulations which the Government, or other
person or persons having due authority, may issue from time to
time regarding the handling, transportation, storage and use of
explosives.
Permission for Blasting 22.2 The Contractor shall at all times maintain full liaison with and
inform well in advance, and obtain such permission as is
required from all Government authorities, public bodies and
private parties whatsoever concerned or affected, or likely to be
concerned or affected by blasting operations.
Engineer’s Approval for Use 22.3 No explosives of any kind shall be used by the Contractor
of Explosives without the prior consent of the Engineer in writing and the
Contractor shall provide, supply, handle, store and transport all
explosives, ancillary materials and stores and all other things of
every kind whatsoever required for blasting operation, all at his
own expense in a manner approved in writing by the Engineer
and acceptable to the police and military authorities.
Records of Explosives 22.4 Throughout the execution of the Contract, the Contractor shall
account, on a continuous basis, to the satisfaction of the
Engineer and the police and military authorities for all
explosives brought on to the Site and for all explosives
consumed in the Works.
The Contractor shall remove all unused explosives from the
Site on completion of the Works or shall dispose of such
explosives in a manner acceptable to the police and military
authorities.

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 Section 9 Contract Forms 9-1

Section 9 - Contract Forms

This Section contains forms which, once completed, will form part of the Contract. The forms for Performance
Security and Advance Payment Security, when required, shall only be completed by the successful Bidder after
contract award.

Table of Forms

Letter of Intent ......................................................................................................................................9-2

Letter of Acceptance .............................................................................................................................9-3

Contract Agreement .............................................................................................................................9-4

Performance Security ...........................................................................................................................9-5

Advance Payment Security ..................................................................................................................9-6

Retention Money Security ....................................................................................................................9-7

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 Section 9 Contract Forms 9-2
Letter of Intent
[on letterhead paper of the Employer]

. . . . . . . date. . . . . . .

Notes on Letter of Intent

The issuance of Letter of Intent is the information of the selection of the bid of the successful bidder by the
Employer and for providing information to other unsuccessful bidders who participated in the bid as regards to
the outcome of the procurement process. This standard form of Letter of Intent to Award should be filled in and
sent to the successful Bidder only after evaluation and selection of substantially responsible lowest evaluated
bid.

To: . . . . . . . . . . name and address of the Contractor . . . . . . . . . .

Subject: . . . . . . . . . . Issuance of letter of intent to award the contract . . . . . . . . . .

This is to notify you that, it is our intention to award the contract ………. dated …….…….. for execution of
the . . . . . . . . .name of the contract and identification number, as given in the Contract Data/SCC to you as your bid price
. . . . . . . . .amount in figures and words in Nepalese Rupees/US$ ………………. as corrected and modified in
accordance with the Instructions to Bidders is hereby selected as substantially responsive lowest evaluated
bid.

Authorized Signature: ...................................................................................

Name: ............................................................................................................

Title: ..............................................................................................................

CC:
[Insert name and address of all other Bidders, who submitted the bid]
[Notes on Letter of Intent
The issuance of Letter of Intent is the information of the selection of the bid of the successful bidder by the
Employer and for providing information to other unsuccessful bidders who participated in the bid as regards to the
outcome of the procurement process. This standard form of Letter of Intent to Award should be filled in and sent to the
successful Bidder only after evaluation and selection of substantially responsible lowest evaluated bid.]

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 Section 9 Contract Forms 9-3
Letter of Acceptance
[on letterhead paper of the Employer]

. . . . . . . date. . . . . . .

To: . . . . . . . . . . name and address of the Contractor . . . . . . . . . .

Subject: . . . . . . . . . . Notification of Award

This is to notify that your Bid dated . . . . date . . . . for execution of the . . . . . . . . . .name of the contract and
identification number, as given in the Contract Data/SCC . . . . . . . . . . for the Contract price of the equivalent of
[iamount in figures and words in the currency…….………….], as corrected in accordance with the Instructions to
Bidders is hereby accepted by our Agency..

You are hereby instructed to contract this office to sign the formal contract agreement within 15 days. As
per the Conditions of Contract, you are also required to submit Performance Security, as specified in SCC,
consisting of a Bank Guarantee in the format included in Section 9 (Contract Forms) of the Bidding
Document.

The Employer shall forfeit the bid security, in case you fail to furnish the Performance Security and to sign
the contract within specified period.

Authorized Signature: ...................................................................................

Name and Title of Signatory: ........................................................................

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 Section 9 Contract Forms 9-4
Contract Agreement
THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . . .
name of the Employer. . . . .. . . . . (hereinafter “the Employer”), of the one part, and . . . . . name
of the Contractor. . . . .(hereinafter “the Contractor”), of the other part:

WHEREAS the Employer desires that the Works known as . . . . . name of the Contract. . . . .should be executed
by the Contractor, and has accepted a Bid by the Contractor for the execution and completion of these
Works and the remedying of any defects therein,
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement.
- the Letter of Acceptance;
- the Letter of Bid;
- the Addenda Nos . . . . . insert addenda numbers if any. . . . .
- the Special Conditions;
- the General Conditions;
- the Specification;
- the Drawings;
- Bills of Quantities (BOQ);
- Table of Price Adjustment Data;
- the completed Schedules; and
- Any other document
3. In consideration of the payments to be made by the Employer to the Contractor as indicated in
this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to
remedy defects therein in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of . . . . . NEPAL. . . . .on the day, month and year indicated above.

Signed by ................................................................ Signed by .....................................................................

for and on behalf of the Employer for and on behalf the Contractor
in the presence of in the presence of

Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date

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 Section 9 Contract Forms 9-5

Performance Security

................................................................ Bank’s Name, and Address of Issuing Branch or Office ................................................................

Beneficiary: .............................................................. Name and Address of Employer ..............................................................................

Date: ................................................................................................................................................................................................................
Performance Guarantee No.: ..............................................................................................................................................................

We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called "the Contractor") has
entered into Contract No. . . . . . reference number of the Contract. . . . . dated . . . . . . . .with you, for the
execution of . . . . . . name of contract and brief description of Works. . . . . (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is
required.
At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably undertake to pay you
any sum or sums not exceeding in total an amount of . . . . . name of the currency and amount in figures*. . . . . . (. .
. . . amount in words. . . . . ) such sum being payable in Nepalese Rupees, upon receipt by us of your first
demand in writing accompanied by a written statement stating that the Contractor is in breach of its
obligation(s) under the Contract, without your needing to prove or to show grounds for your demand or the
sum specified therein.
This guarantee shall expire, no later than the . . . . . Day of . . . . . . . . . . , . . . . . . **, and any demand for
payment under it must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.

............................
Seal of Bank and Signature(s)

Note: All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted
from the final document.

* The Guarantor shall insert an amount representing the percentage of the Contract Price specified in
the Contract in Nepalese Rupees.

** Insert the date thirty days after the end of Defect Notification Period. The Employer should note that
in the event of an extension of the time for completion of the Contract, the Employer would need to
request an extension of this guarantee from the Guarantor. Such request must be in writing and must be
made prior to the expiration date established in the guarantee.

Procurement of Works Standard Procurement Document – ICB

 Section 9 Contract Forms 9-6
Advance Payment Security

................................................................ Bank’s Name, and Address of Issuing Branch or Office ................................................................

Beneficiary: .............................................................. Name and Address of Employer ..............................................................................

Date: ................................................................................................................................................................................................................
Advance Payment Guarantee No.: ...................................................................................................................................................
We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called "the Contractor") has
entered into Contract No. . . . . . reference number of the Contract. . . . . dated . . . . . . . .with you, for the
execution of . . . . . . name of contract and brief description of Works. . . . . (hereinafter called "the Contract").
Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in the
sum . . . . . name of the currency and amount in figures*. . . . . . (. . . . . amount in words. . . . . ) is to be made against
an advance payment guarantee.
At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably undertake to pay you
any sum or sums not exceeding in total an amount of . . . . . name of the currency and amount in figures*. . . . . . (. .
. . . amount in words. . . . . ) upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor
used the advance payment for purposes other than the costs of mobilization in respect of the Works.
It is a condition for any claim and payment under this guarantee to be made that the advance payment
referred to above must have been received by the Contractor on its account number . . . . . Contractor’s account
number. . . . . at . . . . . name and address of the Bank. . . . . .

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance
payment repaid by the Contractor as indicated in copies of interim statements or payment certificates which
shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim
payment certificate indicating that eighty (80) percent of the Contract Price has been certified for payment,
or on the . . . day of . . . . . . . , . . . . . **, whichever is earlier. Consequently, any demand for payment under
this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.

............................
Seal of Bank and Signature(s)

Note: All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted
from the final document.

* The Guarantor shall insert an amount representing the amount of the advance payment in Nepalese
Rupees of the advance payment as specified in the Contract.

** Insert the date Thirty days after the expected completion date. The Employer should note that in the
event of an extension of the time for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior
to the expiration date established in the guarantee.

Procurement of Works Standard Procurement Document – ICB

 Section 9 Contract Forms 9-7

Retention Money Security

(On letterhead paper of the Bank)
............................ Bank’s Name, and Address of Issuing Branch or Office...................................

Beneficiary: ___________________ [Insert name and Address of Employer]

Date: ________________[Insert date of issue]

RETENTION MONEY GUARANTEE No.: [Insert guarantee reference number]

We have been informed that ________________ [insert name of Contractor, which in the case of a joint venture
shall be the name of the joint venture] (hereinafter called "the Applicant") has entered into Contract No.
_____________ [insert reference number of the contract] dated ____________ with the Beneficiary, for the
execution of _____________________ [insert name of contract and brief description of Works] (hereinafter
called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary retains moneys up to
the limit set forth in the Contract (“the Retention Money”), and that when at least eighty (80) percent of the whole
works have been completed, progress of the works is satisfactory in accordance with the Contract as per approved
work schedule and it can be assured that the works can be completed at the intended completion date, payment of
[insert the amount of the Retention Money] is to be made against a Retention Money guarantee.

At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or
sums not exceeding in total an amount of ___________ [insert amount in figures] ( ) [amount in words]1
upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the
demand itself or in a separate signed document accompanying or identifying the demand, stating that the Applicant
is in breach of its obligation(s) under the Contract, without your needing to prove or show grounds for your demand
or the sum specified therein.

This guarantee shall expire no later than the …. day of ……, 2… 2, and any demand for payment under it must be
received by us at the office indicated above on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.

____________________
[Seal of Bank and signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final
product.

1
The Guarantor shall insert the amount of the Retention Money.
2
Insert the same expiry date which is 30 days more than the end of Defect Liability Period. The Employer should note that in the
event of an extension of this date for completion of the Contract, the Employer would need to request an extension of this
guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in
the guarantee.

Procurement of Works Standard Procurement Document – ICB

 Section 9 Contract Forms 9-1

BIDDING DOCUMENT
for

THE PROCUREMENT OF
[Insert identification of the Works]
International Competitive Bidding (ICB)
Single Stage: Two-Envelope Bidding Procedure

(PRICE BID)

[Insert the name of Public Entity]

Issued on:
Bid Document issued to:
Contract Identification No:

Procurement of Works Standard Procurement Document – ICB

 Section 9 Contract Forms 9-2
Table of Contents
Letter of Price Bid ..................................................................................................................... 3

Table of Price Adjustment Data ................................................... Error! Bookmark not defined.

Schedules .................................................................................................................................. 5

Bill of Quantities [Unit Rate contract] .................................................................................... 5

Schedules of Prices [Lump sum contract] ............................................................................ 5

Tables of Adjustment Data ....................................................................................................... 6

Bill of Quantities ....................................................................................................................... 7

Preamble of Bill of Quantities .................................................................................... 9

Procurement of Works Standard Procurement Document – ICB

 Section 9 Contract Forms 9-3

Letter of Price Bid

The Bidder must accomplish the Letter of Price Bid in its letterhead clearly showing the
Bidder’s complete name and address.
Date: .........................................................

Name of the contract: .........................................................

Invitation for Bid No.: .......................................................

To: ……………………………………………………………………………………………………….....
We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including Addenda
issued in accordance with Instructions to Bidders (ITB) Clause 8;
(b) We offer to execute in conformity with the Bidding Documents the following Works:

(c)The total price of our Bid, excluding any discounts offered in item (d) below is: [Insert one
of the options below as appropriate] or when left blank is the Bid Price indicated in the Bill of
Quantities

Option 1, in case of single contract: Total price is: [insert the total price of the Bid in words
and figures];

Or
Option 2, in case of multiple lots (contracts): (i) Total price of each lot (contracts): [insert
the total price of each lot in words and figures]; (ii) Total price of subject contract [say
Lot1] and Lot2 [another contract] [insert the total price in words and figures]; (iii) Total
price of subject contract [say Lot1]and Lot3 [another contract] [insert the total price in
words and figures]; Total price of subject contract [say Lot1], Lot2 [another contract], Lot3
[another contract], ………………..[insert the total price in words and figures];

(d) The discounts offered and the methodology for their application for subject contract [single
contract] are:…………………………………………….. [For Bidding Documents not
provisioning multiple contracts]

Add following if Bidding Document provisions applicability of multiple contracts

The discounts offered and the methodology for their application for subject contract [say
Lot1] and Lot2 [another contract] are:……………………………………………..

The discounts offered and the methodology for their application for subject contract [say
Lot1] and Lot3 [another contract] are:……………………………………………..

The discounts offered and the methodology for their application for subject contract [say
Lot1], Lot2 [another contract] and Lot3 [another contract],……………………,
are:……………………………………………..

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 Section 9 Contract Forms 9-4
[Note:
1. Formulate possible combinations depending upon the number of lots under Bidding
Process and modify accordingly Paragraph (c) and (d)]

(e) Our bid shall be valid for a period of [insert validity period as specified in ITB 18.1] days
from the date fixed for the bid submission deadline in accordance with the Bidding
Documents, and it shall remain binding upon us and may be accepted at any time before
the expiration of that period;

(f) If our bid is accepted, we commit to obtain a performance security in accordance with the
Bidding Document;

(g) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract is
prepared and executed;

(h) We understand that you are not bound to accept the lowest evaluated bid or any other bid that
you may receive;

(i) We agree to permit the Employer/DP or its representative to inspect our accounts and records
and other documents relating to the bid submission and to have them audited by auditors
appointed by the Employer; and

(j) If awarded the contract, the person named below shall act as our Representative:

Name: .................................................................................................
In the capacity of .............................................................................
Signed …………………………………………………………...
Duly authorized to sign the Bid for and on behalf of …………
Date …………………………………………………………....

Procurement of Works Standard Procurement Document – ICB

 Section 9 Contract Forms 9-5
Schedules

Bill of Quantities [Unit Rate contract]

Schedules of Prices [Lump sum contract]

Schedule of Payment Currencies

For ...........................insert name of Section of the Works ...............................................

Separate tables may be required if the various sections of the Works (or of the Bill of Quantities) will have local
currency requirements. [Insert the names of each Section of the Works].

A B C D
Percentage of
Amount of Rate of Exchange Local Currency Equivalent Net Bid Price (NBP)
Name of Payment Currency
Currency to Local Currency C=AxB 100xC
NBP

Local currency
1.00

Foreign Currency #1
Foreign Currency #2
Foreign Currency #3

Net Bid Price 100.00

Provisional Sums Expressed

in Local Currency 1.00

BID PRICE

Note:
 The rates of exchange shall be the selling rates 30 days prior to the deadline for submission of bids
published by the source specified in BDS 15.
 Separate tables may be required, if the various sections of the works (or of the Bill of Quantities) will have
local currency requirements. The Employer should insert the names of each section of the works.

Procurement of Works Standard Procurement Document – ICB

 Section 9 Contract Forms 9-6

Tables of Adjustment Data

Table A - Local Currency

Weighting range (in Bidder’s
Index Base Value Bidder’s
Index Description Source of Index %) to be applied Proposed
Code and Date Local Currency Amount
Weighting

To be entered by Nonadjustable — — — 15 0.15 (fixed)

the Employer
labour -
fuel -
Steel -
Cement -
Bitumen -
-
-

Total 1.00 1.00

Table B - Foreign Currency

Name of Currency: .........................................................................................................
If the Bidder wishes to quote in more than one foreign currency, this table should be repeated for each foreign
currency.

Base Value Bidder’s Currency Equivalent in Bidder’s Proposed

Index Code Index Description Source of Index
and Date in Type/Amount FC1 Weighting

To be entered by Nonadjustable — — — A:
the Employer
B:
C:
D:
E:

Total 1.00

Note:
As per GCC 1.1.3.1, "Base Date" means the date 30 days prior to the latest date for submission and completion of
the tender

Procurement of Works Standard Procurement Document – ICB

 Section 9 Contract Forms 9-7

Bill of Quantities15

Notes for Unit Rate Contracts:

Objectives

The objectives of the Bill of Quantities are:

(a) to provide sufficient information on the quantities of Works to be performed to enable Bids to be prepared
efficiently and accurately; and
(b) when a Contract has been entered into, to provide a priced Bill of Quantities for use in the periodic valuation of
Works executed.

In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient detail to
distinguish between the different classes of Works, or between Works of the same nature carried out in different
locations or in other circumstances which may give rise to different considerations of cost. Consistent with these
requirements, the layout and content of the Bill of Quantities should be as simple and brief as possible.
Content

The Bill of Quantities should be divided generally into the following sections:

(a) Preamble;
(b) Work Items (grouped into parts);
(c) Day works Schedule;
(d) Provisional Sums; and
(e) Summary.
Preamble

The Preamble should indicate the inclusiveness of the unit prices, and should state the methods of measurement
which have been adopted in the preparation of the Bill of Quantities and which are to be used for the measurement
of any part of the works.

Work Items

The items in the Bill of Quantities should be grouped into sections to distinguish between those parts of the Works
which by nature, location, access, timing, or any other special characteristics may give rise to different methods of
construction, or phasing of the Works, or considerations of cost. General items common to all parts of the works
may be grouped as a separate section in the Bill of Quantities.
Day work Schedule

A Day work Schedule should be included only if the probability of unforeseen work, outside the items included in
the Bill of Quantities, is high. To facilitate checking by the Employer of the realism of rates quoted by the Bidders,
the Day work Schedule should normally comprise the following:
(a) A list of the various classes of labor, materials, and Constructional Plant for which basic day work rates or
prices are to be inserted by the Bidder, together with a statement of the conditions under which the Contractor
will be paid for work executed on a day work basis.
(b) Nominal quantities for each item of Day work, to be priced by each Bidder at Day work rates as bid. The rate
to be entered by the Bidder against each basic Day work item should include the Contractor’s profit,
overheads, supervision, and other charges.
Provisional Sums

A general provision for physical contingencies (quantity overruns) may be made by including a provisional sum in
the Summary Bill of Quantities. Similarly, a contingency allowance for possible price increases should be provided
as a provisional sum in the Summary Bill of Quantities. The inclusion of such provisional sums often facilitates
budgetary approval by avoiding the need to request periodic supplementary approvals as the future need arises.

15
In lump sum contracts, delete “Bill of Quantities” and replace with “Schedule of Activities” throughout this section.

Procurement of Works Standard Procurement Document – ICB

 Section 9 Contract Forms 9-8
Where such provisional sums or contingency allowances are used, the Contract Data should state the manner in
which they will be used, and under whose authority (usually the Project Manager’s).

Summary

The Summary should contain a tabulation of the separate parts of the Bill of Quantities carried forward, with
provisional sums for Day work, for physical (quantity) contingencies, and for price contingencies (upward price
adjustment) where applicable.

These Notes for Preparing Specifications are intended only as information for the Employer or the person
drafting the Bidding documents. They should not be included in the final documents.

Procurement of Works Standard Procurement Document – ICB

 Section 9 Contract Forms 9-9
Section 6:- Preamble of Bill of Quantities

Notes on the Bill of Quantities for Unit Rate Contracts

General

1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders, General and
Particular Conditions of Contract, Technical Specifications, and Drawings.

2. The quantities given in the Bill of Quantities are estimated and provisional, and are given to provide a
common basis for bidding. The basis of payment will be the actual quantities of work ordered and
carried out, as measured by the Contractor and verified by the Engineer and valued at the rates and
prices bid in the priced Bill of Quantities, where applicable, and otherwise at such rates and prices as the
Engineer may fix within the terms of the Contract

3. For any item for which measurement is based on records made before or during construction the records
shall be prepared and agreed between the Engineer and the Contractor. Should the Contractor car ry out
such work without the prior agreement of the Engineer, the Engineer may request the Contractor to carry
out investigations to confirm the extent of the work and the quantity of work certified for payment shall
be solely at the Engineer’s discretion. The cost of any such investigation shall be borne by the
Contractor.

4. The rates and prices bid in the priced Bill of Quantities shall, except as otherwise provided under the
Contract, include all construction equipment, labor, supervision, materials, erection, maintenance,
insurance, profit, taxes, and duties, together with all general risks, liabilities , and obligations set out or
implied in the Contract.

5. A rate or price shall be entered against each item in the priced Bill of Quantities, whether qu antities are
stated or not. The cost of items against which the Contractor has failed to enter a rate or price shall be
deemed to be covered by other rates and prices entered in the Bill of Quantities.

6. The whole cost of complying with the provisions of the Contract shall be included in the Items provided
in the priced Bill of Quantities, and where no Items are provided, the cost shall be deemed to be
distributed among the rates and prices entered for the related Items of Work.

7. General directions and descriptions of work and materials are not necessarily repeated nor summarized
in the Bill of Quantities. References to the relevant sections of the Contract documentation shall be made
before entering prices against each item in the priced Bill of Quantities.

8. Provisional Sums included and so designated in the Bill of Quantities shall be expended in who le or
in part at the direction and discretion of the Engineer in accordance with the Conditions of
Contract.

9. The method of measurement of completed work for payment shall be in accordance with [Insert the
name of a standard reference guide, or specification to be used].

10. Arithmetic errors will be corrected by the Employer as follows:

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 Section 9 Contract Forms 9-10
(a) if there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall be
corrected, unless in the opinion of the Employer there is an obvious misplacement of the
decimal point in the unit price, in which case the total price as quoted shall govern and the
unit price shall be corrected.

(b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and

(c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless
the amount expressed in words is related to an arithmetic errors, in which case the amount in
figures shall prevail subject to (a) and (b) above.

General

Work shall not be executed on a daywork basis except by written order of the Engineer. Bidders
shall enter basic rates for daywork items in the Schedules, which rates shall apply to any quantity
of daywork ordered by the Engineer. Nominal quantities have been indicated against each item
of daywork, and the extended total for Daywork shall be carried forward as a Provisional Sum
to the Summary Total Bid Amount. Unless otherwise adjusted, payments for daywork shall be
subject to price adjustment in accordance with the provisions in the Conditions of Contract.

Daywork Labor

(i) In calculating payments due to the Contractor for the execution of daywork, the hours for
labor will be reckoned from the time of arrival of the labor at the job site to execute the
particular item of daywork to the time of return to the original place of departure, but
excluding meal breaks and rest periods. Only the time of classes of labor directly doing work
ordered by the Engineer and for which they are competent to perform will be measured. The
time of gangers (charge hands) actually doing work with the gangs will also be measured but
not the time of foremen or other supervisory personnel.
(ii) The Contractor shall be entitled to payment in respect of the total time that labor is employed
on daywork, calculated at the basis rates entered by him in the Schedule of Daywork Rates:
1. Labor. The rates for labor shall be deemed to cover all costs to the Contractor including
(but not limited to) the amount of wages paid to such labor, transportation time, overtime,
subsistence allowances, and any sums paid to or on behalf of such labor for social benefits in
accordance with law of Nepal, as well as Contractor's profit, overheads, superintendence,
liabilities and insurance and allowance to labor, timekeeping and clerical and office work,
the use of consumable stores water, lighting and power; the use and repair of stagings,
scaffolding workshops and stores portable power tools, manual plant and tools; supervision
by the Contractor's staff, foremen and other supervisory personnel; and charges incidental to
the foregoing. The rates shall be stated in the local currency, and paid in Nepalese Rupees.

Daywork Materials

The Contractor shall be entitled to payment in respect of materials used for daywork (except for materials
for which the cost is included in the percentage addition to labor costs as detailed heretofore), at the rates
entered by him in the Schedule of Daywork Rates: 2. Materials and shall be deemed to include overhead
charges and profit as follows;

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 Section 9 Contract Forms 9-11
(a) the rates for materials shall be calculated on the basis of the invoiced price, freight, insurance,
handling expenses, damage, losses, etc., and shall provide for delivery to store for stockpiling at
the Site. The rates shall be stated in local currency but payment will be made in the following
currency proportions:
(i) foreign: percent [The bidder shall state the percentage in a common foreign currency
equivalent required for payment and the exchange rates and official sources used]
(ii) local: percent [To be stated by bidder].
(b) the cost of hauling materials for use on work ordered to be carried out as daywork from the store
or stockpile on the Site to the place where it is to be used will be paid in accordance with the
terms for Labor and Constructional Plant in this Schedule.

Daywork Contractor's Equipment

(i) The Contractor shall be entitled to payments in respect of Contractor's Equipment already
on Site and employed on daywork at the basic rental rates entered by him in the Schedule of
Daywork Rates: 3. Contractor's Equipment. The said rates shall be deemed to include due
and complete allowance for depreciation, interest, indemnity and insurance, repairs,
maintenance, supplies, fuel, lubricants, and other consumable, and all overhead profit and
administrative costs related to the use of such equipment. The cost of drivers, operators and
assistants will be paid for separately as described under the section on Daywork Labor.
(ii) In calculating the payment due to the Contractor's Equipment employed on daywork, only
the actual number of working hours will be eligible for payment, except that where
applicable and agreed with the Engineer, the traveling time from the part of the Site where
the Construction Plant was located when ordered by the Engineer to be employed on
daywork and the time for return journey thereto shall be included for payment.
a. The basic rental rates for Contractor's Equipment employed on daywork shall be stated in local
currency but payments to the Contractor will be made in currency proportions as follows:
i. foreign: percent [To be stated by bidder. The bidder shall state the percentage in a common
foreign currency equivalent required for payment and the exchange rates and official sources
used]
ii. Local: percent [To be stated by bidder].

Provisional Sums

A general provision for physical contingencies (quantity overruns) may be made by including a provisional
sum in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price increases
should be provided as a provisional sum in the Summary Bill of Quantities. The inclusion of such provisional
sums often facilitates budgetary approval by avoiding the need to request periodic supplementary approvals
as the future need arises. Where such provisional sums or contingency allowances are used, the PCC should
state the manner in which they will be used, and under whose authority (usually the Project Manager’s).

The estimated cost of specialized work to be carried out, or of special goods to be supplied, by other
contractors should be indicated in the relevant part of the Bill of Quantities as a particular provisional sum
with an appropriate brief description. A separate procurement procedure is normally carried out by the
Employer to select such specialized contractors. To provide an element of competition among the Bidders in
respect of any facilities, amenities, attendance, etc., to be provided by the successful Bidder as prime
Contractor for the use and convenience of the specialist contractors, each related provisional sum should be
followed by an item in the Bill of Quantities inviting the Bidder to quote a sum for such amenities, facilities,
attendance, etc.

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 Section 9 Contract Forms 9-12
1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders, Bid Data Sheet,
General Conditions, Conditions of Particular Application, Standard Specification, Special Provisions
to the Standard Specifications, Appendices to Special Provisions and the Drawings.

2. The quantities given in the Bill of Quantities are estimated and provisional, and are given to provide a
common basis for bidding. The basis of payment will be the actual quantities of work ordered and
carried out, as measured by the Contractor and verified by the Engineer and valued at the rates and
prices tendered in the priced Bill of Quantities, where applicable, and otherwise at such rates and
prices as the Engineer may fix within the terms of the Contract.

3. For any item for which measurement is based on records made before or during construction the
records shall be prepared and agreed between the Engineer and the Contractor. Should the Contractor
carry out such work without the prior agreement of the Engineer, the Engineer may request the
Contractor to carry out investigations to confirm the extent of the work and the quantity of work
certified for payment shall be solely at the Engineer’s discretion. The cost of any such investigation
shall be borne by the Contractor.

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 Section 9 Contract Forms 9-13
Bill of Quantities

[Insert Bill of Quantities]

Procurement of Works Standard Procurement Document – ICB