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Standard Tender Documents Procurement of Goods and Related Services User Guide

Standard Tender Documents Procurement of Goods and Related Services User Guide January 2011 ab0cd User Guide and Summary Description PREFACE These Standard Tender Documents and User’s Guide have been prepared by the European Bank for Reconstruction and Development (EBRD) for the procurement of goods and related services through open tendering in compliance with the EBRD Procurement Policies and Rules for projects that are financed in whole or in part by the EBRD. These Standard Tender Documents are derived from the Master Document for Procurement of Goods prepared by the Multilateral Development Banks and International Financing Institutions. The procedures and practices which are presented in them reflect the “best practices” by these institutions. Clients or their procurement consultants should complete these documents by entering data specific to the procurement in question in the relevant sections; in some cases, this necessitates a selection from different alternatives presented in the documents. These alternatives are illustrative and not necessarily comprehensive. Other customised provisions may be required in certain cases. The following guidelines should be observed: (a) Specific details such as the “name of the Purchaser” or “address for tender submission” should be entered where indicated. (b) Notes in bold italics found inside a bold square or between square brackets [ ] represent instructions, which the drafter of the tender document should follow. These instructions should be deleted and not included in the final document. (c) When submitting Standard Tender Documents to the Bank for review clients should state whether these Documents have been used prior to the review. If so, the client should: i confirm that the Instructions to Tenderers and the General Conditions of Contract have been used without change; ii highlight any proposed changes to the following:  Letter of Tender  Form of Tender Security  Manufacturer’s Authorisation  Letter of Acceptance  Contract Agreement  Performance Security  Bank Guarantee for Advanced Payment; Guidance Notes on using these documents, which can be found at the beginning of each Volume, are only for the use of the drafter and must not be included in the tender documents that are to be issued to potential tenderers. This document reflects the structure and the provisions of the Master Document, except where specific considerations within the respective multilateral development of the bank have required a change and comprises the following Parts and Sections: User Guide and Summary Description PART 1 – TENDERING PROCEDURES Section I: Instructions to Tenderers (ITT) This Section provides information to help Tenderers prepare their tenders. Information is also provided on the submission, opening and evaluation of tenders as well as the award of Contracts. The text found in the clauses of this Section can only be modified, adjusted or supplemented through Section II, Tender Data Sheet. Section II. Tender Data Sheet (TDS) This Section includes provisions which are specific to each individual procurement and which modify, adjust or supplement Section I, Instructions to Tenderers. Section III. Evaluation and Qualification Criteria This Section specifies the criteria to be used to determine the lowest evaluated tender and the requirements for the Tenderer’s qualification to perform the contract. The criteria for tender evaluation and the methods for applying such criteria in evaluation should be reviewed carefully. It may be appropriate to delete or to modify some of the criteria given in this document or to use additional criteria. Furthermore, criteria must be quantified in monetary terms except in rare occasions where that is impractical. Section IV: Tender Forms This Section contains the forms which are to be completed by the Tenderer and submitted as part of its tender. Section V. Eligible Countries This Section includes information regarding eligible countries. PART 2 –REQUIREMENTS Section VI. Supply Requirements This Section includes the List of Goods and Related Services, the Delivery and Completion Schedules, the Technical Specifications and the Drawings that describe the Goods and Related Services to be procured. PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS Section VII. General Conditions of Contract (GCC) This Section contains the general clauses to be applied to all contracts. The text of the clauses in this Section can only be modified or adjusted through Section VIII Particular Conditions of Contract. Section VIII. Particular Conditions of Contract (PCC) This Section contains clauses specific to each contract that modify or supplement Section VII, General Conditions of Contract. The sections included in the documents should only be regarded as representative of the most common provisions. All particular conditions should be selected and/or drafted specifically for each procurement. Section IX: Contract Forms This Section includes the forms which once completed will form part of the contract. These forms shall be completed only by the successful Tenderer after contract award. User Guide and Summary Description ESSENTIAL STEPS OF OPEN TENDERING PROCESS The Instruction to Tenderers included in these Standard Tender Documents is designed for a single stage tendering process with or without prequalification. The following flow chart reflects the essential steps of the open tendering process when no prequalification has been carried by the Purchaser prior to the Invitation for tenders. Months 1 2 3 4 5 6 7 Weeks 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 General Procurement Notice (GPN) * EBRD (the Bank) 60 days rule** Preparation of Tender Documents (TD) Submission of TD for the Bank's review The Bank's review of the TD Bank's no objection to the TD Invitation for Tenders (IFT) *** Tenders Preparation Period**** Tenders Opening Session (TOS) Minutes of TOS submitted to the Bank Preparation of Tender Evaluation Report (TER) Submission of TER to the Bank The Bank's review of the TER Bank's no objection to the TER Contract finalisation and award Delivery Contract Administration Tendering period Notes: * GPN is to be published on EBRD Web site, UN Development of Business and national newspaper of wide circulation ** This period of time is required to enable potential tenderers to express their interest in supply of goods and works that are advertised in GPN *** Advertisement of particular Tendering Exercise on EBRD Web Site and at least one local newspaper of national circulation in the Borrower's country **** Period shall not be less then 45 days required to enable tenderers to prepare tenders. This period shall be longer for large and complex works i.e. 60-120 days Not less than 45 days User Guide and Summary Description The Invitation for Tenders provides information that enables potential tenderers to decide whether to participate. The Invitation for Tenders must be published no earlier than 45 calendar days after the publication of the General Procurement Notice on the Bank’s website (www.ebrd.com) as well as the Purchaser’s own procurement website and official government procurement portal in the Purchaser’s country. When possible the Invitation for Tenders shall also be published in a newspaper with wide circulation in the Purchaser’s country and official gazettes or international trade publications as appropriate. The notice should also be sent to potential suppliers that have responded to the General Procurement Notice and to local representatives of potential foreign supplier’s e.g. commercial attachés of the embassies accredited in the Purchaser’s country. Purchasers should maintain a register of all potential tenderers, who have purchased the tender documents, and make it available to interested parties. Although the Invitation for Tenders does not form part of the tender documents, it shall be submitted to the Bank as part thereof for review and no objection. The information in the Invitation for Tenders must be consistent with and reflect the information provided by the tender documents. Apart from the essential items listed in the Standard Tender Documents the Invitation for Tenders should also indicate any important tender evaluation criteria and/or qualification requirements. An example of this would include a requirement for a minimum level of experience in execution of works of the nature and complexity that are similar to the works for which the Invitation for Tenders is issued. The Invitation for Tenders provides information that enables potential tenderers to decide whether to participate. INVITATION FOR TENDERS …. [ country ] …. [ project title ] INVITATION FOR TENDERS …[ goods and related services to be procured ] This Invitation for Tenders follows the General Procurement Notice for this project which was published on the EBRD website, Procurement Notices (www.ebrd.com )on …[ state the date of publication ]. [ Name of Purchaser ] hereinafter referred to as “the Purchaser”, intends to use part of the proceeds of a loan from the European Bank for Reconstruction and Development (the Bank) towards the cost of [ insert name of the Project ]. The Purchaser now invites sealed tenders from Suppliers for the following contract[s] to be funded from part of the proceeds of the loan:  …. [ For each contract include a concise description of the goods and related services as applicable. State size and principal quantities. For contracts involving works provide locations, estimated duration and advise if any contracts are to uploads/s1/ ebrd-procurement-guide.pdf