THE REPUBLIC OF KENYA. Kenya Electricity Transmission Co. Ltd. Bidding Document for Procurement of Plant Design, Supply and Installation

Transcription

1 THE REPUBLIC OF KENYA Kenya Electricity Transmission Co. Ltd. Bidding Document for Procurement of Plant Design, Supply and Installation Interconnection of Electric Grids of Nile Equatorial Lakes Countries Kenya-Uganda Power Interconnection Project (Lessos Tororo, Kenya s Part) Procurement of: LOT A: Transmission Line for the Kenya-Uganda Power Interconnection (Lessos Uganda Border) Issued on: 28th June 2012 ICB No: KETRACO/PT/007/2012 Employer: Kenya Electricity Transmission Co. Ltd. Country: Kenya

2 Bidding Document Table of Contents Invitation for Bids PART 1 BIDDING PROCEDURES Section I. Section II. Section III. Section IV. Section V. Instructions to Bidders (ITB) Bid Data Sheet (BDS) Evaluation and Qualification Criteria Bidding Forms Letter of Bid Schedule of Prices Bid Security Manufacturer s Authorization Technical Proposal Bidder s Qualification Eligible Countries PART 2 EMPLOYER S REQUIREMENTS Section VI. Requirements GTS-1 General Description of the Project and Extent of Works GTS-2 General Information GTS-3 General Technical Requirements GTS-4 Quality Assurance Management Requirements TS-1 Scope of Supply TS-2 Site and Erection Works TS-3 Drawings TS-4 Annexes (Survey Report, Geotechnical Investigations Report, Environmental and Social Management Plan) Forms and Procedures Annex 8 Schedule of Rates and Prices Annex 9 Schedule of Guaranteed Characteristics Section VI. Requirements Applicable to 400kV OHTL TS-1 TS-2 TS-3 Annex 8 Annex 9 Scope of Supply (400kV Line) Site and Erection Works (400kV Line) Drawings (400kV Line) Schedule of Rates and Prices (400kV Line) Schedule of Guaranteed Characteristics (400kV Line)

3 PART 3 CONDITIONS OF CONTRACT AND CONTRACT FORMS Section VII. General Conditions (GC) Section VIII. Particular Conditions (PC) Section IX. Contract Forms Letter of Acceptance Contract Agreement Performance Security Advance Payment Security

4 Preface This Bidding Document for Procurement of Plant Design, Supply, and Installation has been prepared by Kenya Electricity Transmission Co. Ltd. (KETRACO) and is based on the Standard Bidding Document for Procurement of Plant Design, Supply, and Installation issued by the African Development Bank, dated September The Standard Bidding Document for Procurement of Plant Design, Supply, and Installation reflects the structure and the provisions of the Master Document for the Procurement of Plant Design, Supply, and Installation, prepared by Multilateral Development Banks and International Financing Institutions, except where specific considerations within the African Development Bank have required a change.

5 PART 1 Bidding Procedures

6 Section II Bid Data Sheet (Revision 1)

7 Tender Documents Lot A: Transmission Line for Kenya-Uganda Power Interconnection (Lessos - Uganda Border) Section II. Bid Data Sheet 1-ii

8 Section II. Bid Data Sheet A. General ITB 1.1 ITB 1.1 ITB 1.1 ITB 2.1 ITB 2.1 ITB 2.1 ITB 4.1 (a) The number of the Invitation for Bids is : KETRACO/PT/007/2012 The Employer is: KETRACO (Kenya Electricity Transmission Company Limited) The name of the bidding process is: ICB (International Competitive Bidding), Option A Single Stage Bidding (without prequalification) The identification number of the bidding process is: ICB No.: KETRACO/PT/007/2012 The number and identification of lots comprising this bidding process is: Lot A: Transmission Line for Kenya-Uganda Power Interconnection (Lessos Uganda Border) The Borrower is: Government of Kenya The specific Bank financing institution is: African Development Fund (ADF) The name of the Project is: Kenya-Uganda Power Interconnection Project (Lessos Tororo, Kenya s Part) The individuals or firms in a joint venture, consortium or association shall be jointly and severally liable. Section II. Bid Data Sheet 1-1

9 Tender Documents Lot A: Transmission Line for Kenya-Uganda Power Interconnection (Lessos - Uganda Border) B. Contents of Bidding Document ITB 7.1 ITB 7.4 For clarification purposes only, the Employer s address is: Attention: Eng. John M. Mativo Street Address: Chyulu Road, Upper Hill, P. O. Box Floor/Room number: Capitol Hill Square, 2 nd Floor City: Nairobi ZIP Code: Country: KENYA Telephone: Facsimile number: address: jmativo@ketraco.co.ke pmungai@kplc.co.ke samir.chalfoun@aecom.com Requests for clarifications must be received by the Purchaser no later than twenty (28) days, prior to the deadline for submission of Bids. Copies of the Employer s response (including Bidder s enquiry, but without identifying its source) will be sent to all prospective Bidders that have received the Bidding Documents. Beyond this, the attention is drawn to the Contractor s obligations in accordance with the General Conditions of Contract, to fully inform himself. Employer or the Employer s Representative shall not be responsible for any errors or wrong interpretation of the Bidding Documents resulting from a failure of the Bidder to request such explanation to fully inform himself. A Pre-Bid meeting shall take place at the following date, time and place: Date: Thursday 19 th July 2012 Time: 10:00 hrs a.m., local time Place: KETRACO Head Office, Capitol Hill Square, 2 nd Floor, Chyulu Road, Upper Hill, Nairobi, Kenya A site visit conducted by the Employer shall be organized. The Site Visit will take place at the following date, time and place: Date: Friday 20th July 2012 Time: 9:00 hrs a.m., local time Place: Lessos Substation Section II. Bid Data Sheet 1-2

10 Tender Documents Lot A: Transmission Line for Kenya-Uganda Power Interconnection (Lessos - Uganda Border) C. Preparation of Bids ITB 10.1 ITB 11.1 (h) ITB 11.1 (j) ITB 13.1 ITB 13.2 ITB 13.4 ITB 14.2 ITB 14.3 ITB 14.5(a) ITB 15.1 The language of the bid is: English The Bidder must provide the following Documentary Evidence to establish the conformity of the Plant and Installation Services with the Bidding Document: 1. Documentary evidence established in accordance with ITB 11.1, 16 & 17 that the Plant and Installation Services offered by the Bidder conform to the Bidding Document. 2. Method Statement, with work methods in sufficient detail to demonstrate their technical capability to meet the Employers s. 3. Technical Schedules (fully completed schedules with all required data properly filled in) 4. List of deviations, attached even in case of no deviations and signed 5. Recommended spare parts and special tools The Bidder shall submit with its bid the following additional documents: N/A Primary bid shall be submitted for 400kV overhead transmission line, Lessos to Uganda border. A Bidder that submits a 400kV bid only will be responsive. An alternative bid can be submitted for 220kV overhead transmission line, Lessos to Uganda border, together with the primary bid. A Bidder that submits a bid for the 220kV alternative must submit both options to be responsive. Alternatives to the Time Schedule shall not be permitted. The specified Time Schedule shall apply to either one of the voltage levels. Alternative technical solutions shall be permitted for the following parts of the Plant and Installation Services, as further detailed in the Specification: None (other than the specified 220kV alternative). Prices shall be fixed. Bidders shall quote for the entire Plant and Installation Services on a single responsibility basis. The Named place of destination shall be: the Project Site, that is the overhead transmission line, Lessos to Uganda border The currency(ies) of the bid and the payment currency(ies) shall be as described below: (a) The unit rates and prices shall be quoted by the Bidder in the Schedules separately in the following currencies: (i) for those inputs to the Requirements that the Bidder expects to supply from within the Employer s country, in Kenyan Shilling (KES), further referred to as the local currency ; and (ii) for those inputs to the Requirements that the Bidder expects to supply from outside the Employer s country (referred to as the foreign currency s ), in up to any three currencies Section II. Bid Data Sheet 1-3

11 Tender Documents Lot A: Transmission Line for Kenya-Uganda Power Interconnection (Lessos - Uganda Border) ITB 16.2 ITB 16.3 ITB 18.1 (b) of any country. Bidders may be required by the Employer to justify, to the Employer s satisfaction, their local and foreign currency s, and to substantiate that the amounts included in the unit rates and prices and shown in the Schedules furnished in Section IV, Bidding Forms, are reasonable, in which case a detailed breakdown of the foreign currency s shall be provided by Bidders. The Bidder shall submit with its bid, the Manufacturer s Authorization for the following part or component: All elements of the plant offered by the Bidder, that the Bidder does not manufacture or produce. The Bidder shall not submit with its bid, evidence that it will be represented by an Agent in the country. The bid validity period shall be: one hundred twenty (120) days. ITB 19.1 The Bidder shall furnish a bid security, in the amount of USD 400, or its equivalent in a freely convertible currency. ITB 20.1 ITB 20.2 In addition to the original of the Bid, the number of copies is: Three (3) printed copies clearly labelled, Copy No. 1, 2, 3; and three (3) soft copies. The ORIGINAL printed hard copy shall still remain the main document. Soft copies shall be submitted at the bidder s risk as to their completeness and accuracy. The soft copies provided on CDs (or DVDs) shall be structured strictly as per ITB Each Volume shall be presented in a separate folder. Each Section shall be provided as single PDF files (converted, not scanned copies of the files) named as per ITB Price sheets shall be provided as editable Excel 2007 or 2010 files additionally. The written confirmation of authorization to sign on behalf of the Bidder shall indicate: (a) The name and description of the documentation required to demonstrate the authority of the signatory to sign the Bid, such as a Power/ Letter of Attorney; and (b) In the case of Bids submitted by an existing or intended JVCA an undertaking signed by all parties (i) stating that all parties shall be jointly and severally liable, if so required in accordance with ITB 4.1(a), 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 JVCA during the bidding process and, in the event the JVCA is awarded the Contract, during contract execution. Section II. Bid Data Sheet 1-4

12 Tender Documents Lot A: Transmission Line for Kenya-Uganda Power Interconnection (Lessos - Uganda Border) ITB 21.1 ITB 21.1 (b) D. Submission and Opening of Bids Bidders shall not have the option of submitting their bids electronically. The electronic bidding submission procedures shall be: Not applicable ITB 22.1 For bid submission purposes only, the Employer s address is : Attention: Head of Supply Chain Management Street Address: Chyulu Road, Upper Hill, P. O. Box Floor/Room number: Capitol Hill Square, 2 nd Floor City: Nairobi ZIP Code: Country: KENYA Telephone: Facsimile number: address: pnjehia@ketraco.co.ke The deadline for bid submission is: Date: Friday 28 September 2012 Time: 10:00 hrs a.m., local time ITB 25.1 The bid opening shall take place at: Street Address: Chyulu Road, Upper Hill Floor/Room number: Capitol Hill Square, 2 nd Floor City: Nairobi Country: KENYA ITB 25.1 ITB 31.2 Date: Friday 28 September 2012 Time: 10:00 hrs a.m., local time The electronic bid opening procedures shall be: Not applicable F. Bid Evaluation and Comparison A margin of domestic or regional preference shall not apply. Section II. Bid Data Sheet 1-5

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14 Section III Evaluation and Qualification Criteria (Revision 1)

15 Section III. Evaluation and Qualification Criteria This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders. In accordance with ITB 28 and ITB 32, no other factors, methods or criteria shall be used. The Bidder shall provide all the information requested in the forms included in Section IV, Bidding Forms. 1. Evaluation Criteria and Methodology 1.1 Alternative Proposal (If permitted in accordance with ITB 13.1) Primary Bid: Alternative Bid: Technical Alternative: Alternative Time for Completion: 400kV Overhead Transmission Line 220kV Overhead Transmission Line Not permitted (other than the specified alternative at 220kV) Not permitted 1.2 Correction of Arithmetical Errors (In accordance with ITB 29.1) (a) (b) (c) (d) Where there are errors between the total of the amounts given under the column for the price breakdown and the amount given under the Total Price, the former shall prevail and the latter will be corrected accordingly 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; 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 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. 1.3 Conversion to a Single Currency (In accordance with ITB 30) The currency that shall be used for bid evaluation and comparison purposes to convert all bid prices expressed in various currencies into a single currency is: US Dollar (USD) The source of exchange rate shall be: the web site The date for the exchange rate shall be: date of bid submission deadline 1.4 Discounts (In accordance with ITB 14.1) The Employer will adjust the Bid Price, using the methodology prescribed by the Bidder in its Letter of Bid, to take account of the Discounts offered by the Bidder in its Letter of Bid, as read out at the Bid Opening. Section III. Evaluation and Qualification Criteria 1-2

16 1.5 Quantifiable Nonmaterial Nonconformities (In accordance with ITB 28.8) The adjustment shall be made using the following methodology: Where there is a discrepancy between the amounts in figures and in words, the amount in words will govern. Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern, unless in the opinion of the Employer there is an obvious misplacement of the decimal point in the unit rate, in which case the line item total as quoted will govern, and the unit rate will be corrected. 1.6 Margin of Domestic or Regional Preference (If permitted in accordance with ITB 31.2) Not applicable 1.7 Criteria and Methodology for Bid Evaluation and Adjustments The following factors and methods will apply: (a) Time Schedule: Time to complete the Plant and Installation Services from the effective date specified in Article 3 of the Contract Agreement for determining time for completion of pre-commissioning activities is: eighteen (18) months. No credit will be given for earlier completion. The completion time specified shall be for the entire Plant and Installation Services. (b) Operating and Maintenance Costs [Since the operating and maintenance costs of the facilities being procured form a major part of the life cycle Costs of the facilities, these costs will be evaluated according to the principles given hereafter, including the cost of spare parts for the initial period of operation stated below and based on prices furnished by each Bidder in Price Schedule Nos. 1 and 2, as well as on past experience of the Employer or other Employers similarly placed. Such costs shall be added to the bid price, for evaluation.] The operating and maintenance costs over the life cycle of the facilities will not be estimated for the purpose of bid evaluation. Similarly, the cost of recommended spare parts for the initial period of operation will not be taken into account during bid evaluation. Section III. Evaluation and Qualification Criteria 1-3

17 (c) Functional Guarantees of the Facilities There are no Functional Guarantees stated in the Specification for the Facilities as a whole, and consequently no adjustment to the Bid price will be made under this provision. Plant and equipment shall have minimum (or maximum as the case may be) level of technical guarantees, as specified in the Schedules of Guaranteed Characteristics, to be considered as responsive. (d) Work, services, facilities, etc., to be provided by the Employer Where bids include the undertaking of work or the provision of services or facilities by the Employer in excess of the provisions allowed for in the bidding document, the Employer shall assess the costs of such additional work, services and/or facilities for the duration of the contract. Such costs shall be added to the bid price for evaluation. (e) Specific additional criteria In case a Bidder excludes in his offer equipment which is specified in the scope of supply of the Bidding Documents, for the purpose of tender evaluation, the highest of the corresponding prices of the other Bidders will be added to the Total Bid Price of the respective Bidder. In case no such price is available from the other Bidders, the corresponding price will be estimated. Any adjustments in price that result from the above procedures shall be added, for purposes of comparative evaluation only, to arrive at an Evaluated Bid Price. Bid prices quoted by bidders shall remain unaltered. (f) Alternative Technical Solutions Technical Alternatives, if invited in accordance with ITB 13.4, will be evaluated as follows: not applicable. Section III. Evaluation and Qualification Criteria 1-4

18 2 Qualification (Without Prequalification) 2.1 Eligibility (TABLE) 2.2 Historical Contract Non-Performance (TABLE) 2.3 Financial Situation (TABLE) 2.4 Experience (TABLE) 2.5 Personnel (TABLE) 2.6 Equipment (TABLE) 2.7 Subcontractors (TABLE) Section III. Evaluation and Qualification Criteria 1-5

19 2. Qualification Tables Factor Sub-Factor Requirement Nationality Nationality in accordance with ITB Conflict of Interest Bank Ineligibility Government Owned Entity Ineligibility based on a United Nations resolution or Borrower s country law No- conflicts of interests as described in ITB 4.3. Not having been declared ineligible by the Bank as described in ITB 4.4. Criteria Single Entity Compliance with conditions of ITB 4.5 Not having been excluded as a result of the Borrower s country laws or official regulations, or by an act of compliance with UN Security Council resolution, in accordance with ITB Eligibility Bidder Joint Venture, Consortium or Association All partners combined Existing or intended JVCA must meet Existing or intended JVCA must meet Existing JVCA must meet Existing JVCA must meet Each partner At least one partner N / A N / A N / A N / A N / A Documentation Required Form ELI 1.1 and 1.2, with attachments Letter of Bid Letter of Bid Form ELI 1.1 and 1.2, with attachments Letter of Bid Section III. Evaluation and Qualification Criteria 1-6

20 Factor Sub-Factor History of nonperforming contracts Failure to Sign Contract Pending Litigation Requirement Non-performance of a contract did not occur within the last five (5) years prior to the deadline for bid submission, based on all information on fully settled disputes or litigation. A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and where all appeal instances available to the bidder have been exhausted. Not being under execution of a Bid- Securing Declaration pursuant to ITB 4.6 for five (5) years All pending litigation shall in total not represent more than ten percent (10 %) of the Bidder s net worth and shall be treated as resolved against the Bidder. 2.2 Historical Contract Non-Performance Criteria Single Entity by itself or as partner to past or existing JVCA by itself or as partner to past or existing JVCA Bidder Joint Venture, Consortium or Association All partners combined N / A N / A N / A Each partner by itself or as partner to past or existing JVCA by itself or as part of a JVCA by itself or as partner to past or existing JVCA At least one partner Documentation Required N / A Form CON - 2 N / A Letter of Bid N / A Form CON 2 Section III. Evaluation and Qualification Criteria 1-7

21 Factor 2.3 Financial Situation Criteria Sub-Factor Requirement Single Entity Bidder Joint Venture, Consortium or Association All partners combined Each partner At least one partner Documentation Required Historical Financial Performance Submission of audited balance sheets or if not required by the law of the Bidder s country, other financial statements acceptable to the Employer, for the last five (5) years to demonstrate the current soundness of the Bidder s financial position and its prospective long term profitability. N / A N / A Form FIN 3.1 with attachments Average Annual Turnover Minimum average annual turnover of forty (40) millions USD, calculated as total certified payments received for contracts in progress or completed, within the last five (5) years. forty percent (40%) of the eighty percent (80%) of the Form FIN 3.2 Section III. Evaluation and Qualification Criteria 1-8

22 Factor 2.3 Financial Situation Criteria Sub-Factor Requirement Single Entity Bidder Joint Venture, Consortium or Association All partners combined Each partner At least one partner Documentation Required Financial Resources The Bidder must demonstrate access to, or availability of, financial resources such as liquid assets, unencumbered real assets, lines of credit, and other financial means, other than any contractual advance payments to meet: (i) the following cash-flow : ten million (10,000,000.00) USD, net of the Bidder s commitments for other contracts, and (ii) the overall cash flow s for this contract and its current commitments. twenty percent (20%) of the eighty percent (80%) of the Form FIN 3.3 and Form CCC Section III. Evaluation and Qualification Criteria 1-9

23 Factor 2.4 Experience Criteria Sub-Factor General Experience Requirement Experience under contracts in the role of contractor, subcontractor, or management contractor for at least the last ten (10) years prior to the bid submission deadline, and with activity in at least nine (9) months in each year. Single Entity Bidder Joint Venture, Consortium or Association All partners combined Each partner At least one partner N / A Documentation Required N / A Form EXP Section III. Evaluation and Qualification Criteria 1-10

24 Factor 2.4 Experience Criteria Sub-Factor Specific Experience Requirement (a) Participation as contractor, management contractor, or subcontractor, within the last ten (10) years, in at least three (3) 330kV or above OHTL transmission line contracts, each with a value of at least twenty million (20,000,000.00) USD, that have been successfully and substantially completed and that are similar to the proposed Facilities. The similarity shall be based on the physical size, complexity, methods/technology or other characteristics as described in Section VI, Employer s Requirements. Single Entity Bidder Joint Venture, Consortium or Association All partners combined Each partner At least one partner s for all characteristics N / A s for the key activities listed below (e.g., can be a specialist subcontractor): 1. Design and Project Management of 330kV or above OHTL project 2. Civil works for OHTL foundations, 330kV or above 3. Erection and installation of 330kV or above OHTL Documentation Required Form EXP 2.4.2(a) Bidders are required to submit together with the form EXP (a), completion certificates for all contracts cited under clause (a), stating scope, voltage level and contract price. If certificates are not in English, a certified translation shall be provided. Section III. Evaluation and Qualification Criteria 1-11

25 Factor 2.4 Experience Criteria Sub-Factor Specific Experience Requirement b) For the above or other contracts executed during the period stipulated in 2.4.2(a) above, a minimum experience in the following key activities: The Bidder shall have, in the last ten (10) years, successfully and substantially completed, alone or as leading partner (sponsor), the design and construction of three (3) OHTL transmission line contracts of 330kV voltage level or above, each a least twenty million (20,000,000.00) USD in value, out of which at least one (1) shall have been performed outside that country where the applicant is based. Single Entity s Bidder Joint Venture, Consortium or Association All partners combined Each partner At least one partner s N / A s for the key activities listed below (e.g., can be a specialist subcontractor): 1. Design and Project Management of 330kV or above OHTL project 2. Civil works for OHTL foundations, 330kV or above 3. Erection and installation of 330kV or above OHTL Documentation Required Form EXP (b) Bidders are required to submit together with the form EXP (b), completion certificates for all contracts cited under clauses (a) and (b), stating scope, voltage level and contract price. If certificates are not in English, a certified translation shall be provided. Section III. Evaluation and Qualification Criteria 1-12

26 2.5 Personnel The Bidder must demonstrate that it has the personnel for the key positions that meet the following s: No. Position Total Work Experience (years) Experience In Similar Work (years) P1 Project Manager P2 Line Design Engineer 7 5 P3 Procurement Manager 10 7 P4 Site Construction Manager P5 Tower Erection Supervisor 10 7 P6 Foundation Supervisor 10 7 P7 OPGW Splice and Test Specialist 7 5 P8 OPGW Installation Supervisor 7 5 P9 Q.A. Manager 7 5 The Bidder shall provide details of the proposed personnel and their experience records using Forms PER-1 and PER-2 included in Section IV, Bidding Forms. 2.6 Equipment The Bidder must demonstrate that it will have access to the key Contractor s equipment listed hereafter: No. Equipment Type and Characteristics Minimum Number required 1 Car pickup or 4-wheel drive utility vehicle 4 3 Lorry up to 10 tones 5 4 Lorry over 10 tones 2 5 Excavator/tractor/JCB 4 6 Foundation gang tools and plant 4 7 Tower erection gang tools and plant 4 8 Stringing machine 2 9 Stringing gang tools and plant 2 10 Crane up to 15 tones 2 The Bidder shall provide further details of proposed items of equipment using the Form EQU furnished in Section IV, Bidding Forms. In addition, the Bidder shall demonstrate that main machineries such as stringing machines, stringing gang tools, and cranes are owned by him. Section III. Evaluation and Qualification Criteria 1-16

27 2.7 Subcontractors/manufacturers Subcontractors/Manufacturers for the following major items of supply or installation services must meet the following minimum criteria, herein listed for that item: Item No. M1 M2 M3 M4 Description of Item Steel tower structure (see (a) and (b) below) HV power conductors (see (a) and (b) below) Insulators and accessories (see (a) and (b) below) OPGW cable (see (a) and (b) below) SC1 Local civil subcontractor (if proposed for foundation construction works) SC2 Local electromechanical subcontractor (if proposed for tower erection works) Minimum Criteria to be met Ten (10) years supply record 5-year performance certificate ISO 9001 or equivalent certificate Ten (10) years supply record 3-year performance certificate ISO 9001 or equivalent certificate References for Construction Works and Installation of 330kV or above, OHTL in the last ten (10) years Certificates of satisfactory completion for construction works and installation of HV OHTL in two (2) projects in the last ten (10) years Failure to comply with this will result in rejection of the subcontractor. In the case of a Bidder who offers to supply and install major items of supply under the contract that the Bidder did not manufacture or otherwise produce, the Bidder shall provide the manufacturer s authorization, using the form provided in Section IV, Bidding Forms, showing that the Bidder has been duly authorized by the manufacturer or producer of the related plant and equipment or component to supply and install that item in the Employer s country. The Bidder is responsible for ensuring that the manufacturer or producer complies with the s of ITB 4 and 5, and meets the minimum criteria listed above for that item. Conditions on sub-contractors (a) The sub-contractor shall submit copies of original documents defining the constitution or legal status, place of registration and principal place of business of the Company or partnership or, if a joint venture, of each party thereto constituting the Bid. (b) The sub-contractor shall be able to achieve the required standard and quality of works. (c) Subcontracting of works to local contractors shall meet the following: Section III. Evaluation and Qualification Criteria 1-17

28 (i) (ii) (iii) (iv) (v) The main Contractor shall propose list of possible subcontractors (minimum one, maximum three) for each of the works and submit their License, experience (reference lists), key personnel qualifications, financial standing and work in hand for Employer s evaluation. Failure to do so may result in rejection of the bid. If the main Contractor proposes more than one subcontractor, the quoted price will be deemed to apply to whichever subcontractor appointed and no adjustment of the rates and prices will be permitted. The main Contractor should submit qualifications and experience of the expatriate Site Construction Manager who should be responsible for the whole of site works. The main Contractor should submit an official letter from its possible subcontractors, which evidence their commitment for this particular tender. Subcontracted works shall not exceed 30% of the Contract Price. Section III. Evaluation and Qualification Criteria 1-18

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