international competitive bidding (icb)
TRANSCRIPT
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KRISHI SAMAGRI COMPANY LIMITED
HEAD OFFICE
KULESHWOR, KATHMANDU
NEPAL
B I D D O C U M E N T
For the Procurement of service of Bagging, Clearing,
Forwarding and Transportation of Urea Fertilizer
from Chattogram, Bangladesh to KSCL's Warehouse
Nepal
International Competitive Bidding (ICB) IFB No.KPN/CFT/ICB -1/077/78
FIRST PUBLISHED DATE: SEPTEMBER 19, 2020
LAST SUBMISSION DATE: SEPTEMBER 27, 2020
Tel:4279715, 4274819
FAX: 4278790
E-mail : [email protected]
E-mail : [email protected]
Web site: www.kscl.gov.np
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Abbreviations BDS...................... Bid Data Sheet
BD ....................... Bidding Document
DCS...................... Delivery and Completion Schedule
EQC ..................... Evaluation and Qualification Criteria
GCC ..................... General Conditions of Contract
GoN ..................... Government of Nepal
IFB ....................... Invitation for Bids
ITB ....................... Instructions to Bidders
KAFCO .................Karnaphuli Fertilizer Company Limited
NCB ……………. National Competitive Bidding
PAN ……………..Permanent Account Number
PPMO ……………Public Procurement Monitoring Office
SBQ...................... Schedule of Bidder Qualifications
SCC……………. Special Conditions of Contract
PR...................... Employer's Requirements
TS......................... Technical Specifications
UNCITRAL …….United Nations Commission on International Trade Law
VAT …………… Value Added Tax
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Table of Contents
Part -1 Bidding Procedures............................................................................................4
Invitation for Bids................................................. .........................................................5
Section I. Instructions to Bidders ....................................................................................8
Section II. Bid Data Sheet ..............................................................................................27
Section III. Evaluation and Qualification Criteraia................................................. 31
Section IV. Bidding Forms .............................................................................................37
Part - 2 Employer's Requirement................................................................................ 50
Section V. Activity Schedule .........................................................................................51
Part -III Conditions of Contracts and Contract Forms
Section VI. General Conditions of Contract.................................................................63
Government of Nepal’s Policy- Corrupt and Fraudulent Practices ................... ....71
Section VII. Special Conditions of Contract..................................................................72
Section VII. Contract Forms 78
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Part- I
Bidding Procedures
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Krishi Samagri Company Limited, Head Office
Kuleshwor, Kathmandu, Nepal Invitation for Electronic Bids
For the Procurement of service of Bagging, Clearing, Forwarding and Transportation of
Urea Fertilizer from KAFCO/Chattogram, Bangladesh to KSCL's Warehouse Nepal
Contract Identification No: KPN/CFT/ICB -1/077/78
(First Published Date: September 19, 2020)
1. The Krishi Samagri Company Limited, Head Office, Kuleshwor, Kathmandu, Nepal invites
sealed bids from registered transport company/clearing Agent for Bagging, Clearing,
Forwarding and Transportation of 50,000 MT Urea Fertilizer from KAFCO/Chittagong Port,
Bangladesh to KSCL's Warehouse Nepal as specified in the Terms of Reference under
International competitive bidding procedures specified in Public Procurement Act and
Regulations. Bidding is open to all eligible Bidders from all countries.
2. Eligible Bidders may obtain further information and inspect the bidding documents at the office
of Krishi Samagri Company Limited (KSCL), Head Office, Kuleshwor, Kathmandu, Nepal or
may visit KSCL's website: http://www.kscl.gov.np
3. A complete set of Bidding Documents in English may be purchased from Krishi Samagri
Company Limited, Head Office, Kuleshwor, Kathmandu, Nepal by eligible Bidders on the
submission of a written application, along with the copy of company/firm registration
certificate, and upon payment of a non-refundable fee of NPR 20.000 till September 25, 2020
during office hours.
4. Bidder who chooses to submit their bid electronically may purchase the hard copy of the
bidding documents as mentioned above or may download the bidding documents for e-
submission from KSCL'S website http://eprocurement.kscl.gov.np. Interested bidders shall
register in the e-bidding portal and deposit the cost of bidding document amounting NRs.
20,000 in the following bank account.
Name of Office: Krishi Samagri Company Limited (KSCL), Head Office, Kuleshwor, Kathmandu, Current Account of Everest Bank Teku with account No. 01000105000402 or
Current Account of Nepal Investment Bank Ltd. Kalimati with account No. 01701030001922
5. Pre-bid meeting shall be held at Krishi Samagri Company Limited, Head Office, Kuleshwor,
Kathmandu, Nepal at 11:00 hours on September 22, 2020
6. Interested Bidders shall submit the electronic Bids through "http://eprocurement.kscl.gov.np" to
the above office of Krishi Samagri Company Limited, Head Office, Kuleshwor, Kathmandu,
Nepal on or before 12:00 Noon on September 27, 2020. Bids received after this deadline will be
rejected.
7. The bids shall be opened in the presence of Bidders' representatives who choose to attend on
13:00 hours, September 27 at the office of Krishi Samagri Company Limited (KSCL), Head
Office, Kuleshwor, Kathmandu. Bids must be valid for a minimum period of 21 days from the
date of bid opening and must be accompanied by a bid security or scanned copy of the bid
security in pdf format, amounting to a minimum of US$. 140,000.00 or NRs.1,65,41,000 ,
which shall be valid for 60 days from the date of bid opening (i.e. November 25, 2020)
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
security shall remain the same as specified for the original last date of bid submission
9. Krishi Samagri Company Limited reserves all rights to accept whole or part of any tender or
reject any or all tender without assigning any reason whatsoever.
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Section I. Instructions to Bidders
Table of Contents
A. General 8
1. Scope of Bid 8
2. Source of Funds 8
3. Fraud and Corruption 8
4. Eligible Bidders 11
5. Qualification of Bidders 12
6. Site Visit 12
B. Contents of Bidding Document 12
7. Sections of the Bidding Document 12
8. Clarification of Bidding Document/Pre-bid meeting 13
9. Amendment of Bidding Document 13
C. Preparation of Bids 14
10. Cost of Bidding 14
11. Language of Bid 14
12. Documents Comprising the Bid 14
13. Letter of Bid and Activity Priced Schedules 15
14. Alternative Bids 15
15. Bid Prices and Discounts 15
16. Currencies of Bid 15
17. Documents Establishing the Eligibility of the Bidder 15
18. Documents Establishing the Conformity of the Services to the Bidding Document 15
19. Documents Establishing the Qualifications of the Bidder 16
20. Period of Validity of Bids 16
21. Bid Security 17
22. Format and Signing of Bid 18
D. Submission and Opening of Bids 18
23. Sealing and Marking of Bids 18
24. Deadline for Submission of Bids 19
25. Late Bids 19
26. Withdrawal, or Modification of Bids 19
27. Bid Opening 19
E. Evaluation and Comparison of Bids 20
28. Confidentiality 20
29. Clarification of Bids 21
30. Deviations, Reservations, and Omissions 21
31. Determination of Responsiveness 21
32. Non-material Non-conformities 22
33. Correction of Arithmetical Errors 22
34. Evaluation and Comparison of Bids 23
35. Post-qualification of the Bidder 23
36. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids 23
F. Award of Contract 24
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37. Award Criteria 24
38. Employer’s Right to Vary Quantities at Time of Award 24
39. Notification of Intention to Award 24
40. Performance Security 24
41. Signing of Contract 25
42. Complaint and Review 25
43. Publication of contract award notice 26
44. Provision of PPA and PPR 26
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Section I. Instructions to Bidders
A. General
1. Scope of Bid 1.1 The Employer indicated in the BDS issues this Bidding Document for
the delivery of Non-Consulting Services, as specified in Section VII,
Employer’s Requirements. The name and identification of contracts
are indicated in BDS.
1.2 Throughout this Bidding Document :
(a) The term “in writing” means communicated in written form with
proof of receipt;
(b) If the context so requires, singular means plural and vice versa;
and
(c) “Day” means calendar day.
1.3 The successful Bidder will be expected to complete the performance of
the Services by the Intended Completion Date provided in the BDS
2. Source of Funds GoN Funded: In accordance with its annual program and budget, approved
by the GoN, the Employer intends to apply a portion of the allocated
budget to eligible payments under the contract(s) indicated in the BDS
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.
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.
Public Entity's Resources Funded.
3. Fraud and
Corruption 3.1 Procuring Entities as well as Bidders, Service Providers and contractors and
their sub-contractors shall adhere to the highest standard of ethics during
the procurement and execution of such contracts. In pursuance of this:;
(a) the Employer adopts, for the purposes of this provision, the terms as
defined below:
(i) “corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, anything of value to influence
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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 (a) deliberately destroying,
falsifying, altering, or concealing of evidence material to an
investigation; (b) making false statements to investigators in
order to materially impede an investigation; (c) failing to
comply with requests to provide information, documents, or
records in connection with an investigation; (d) 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 (e) materially impeding
GoN/DP’s contractual rights of audit or access to information;
and
(vi) “integrity violation” is any act which violates Anticorruption
Policy, including (i) to (v) above and the following: abuse,
conflict of interest, violations of GoN/DP sanctions, retaliation
against whistleblowers or witnesses, and other violations of
Anticorruption Policy, including failure to adhere to the highest
ethical standard.
(b) the Employer will reject a proposal for award if it determines that
the Bidder recommended for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices or other integrity violations in competing for the contract;
(c) DP will cancel the portion of the financing allocated to a contract if it determines at any time that representative(s) of the GoN or of a beneficiary of DP-financing engaged in corrupt, fraudulent, collusive, or coercive practices or other integrity violations during the procurement or the execution of that contract, without the GoN having taken timely and appropriate action satisfactory to DP to remedy the situation.
(d) DP will impose remedial actions on a firm or an individual, at any time, in accordance with DP's Anticorruption Policy and related Guidelines (as amended from time to time), including declaring ineligible, either indefinitely or for a stated period of time, to participate in DP-financed, -administered, or -supported activities or to benefit from an DP-financed, -administered, or -supported contract, financially or otherwise, if it at any time determines that the firm or individual has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices or other integrity violations; and
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(e) The Service Provider shall permit the GoN/DP to inspect the Service Provider’s accounts and records relating to the performance of the Service Provider and to have them audited by auditors appointed by the GoN/DP, if so required by the GoN/DP.
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 bids until the notification of award of
contract.
3.3 PPMO, on the recommendation of the Procuring Entity may blacklist a Bidder for a period of one (1) to three (3) years for its conduct including on 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.
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, may be ineligible to bid for a contract during the period of time determined by the GoN, PPMO and/or the DP including credit information bureau of Nepal.
3.5 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;
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shall not be eligible bidder.
3.6 Furthermore, Bidders shall be aware of the provisions of GCC 28.3
4. Eligible Bidders 4.1 This Invitation for Bids is open to eligible Bidders from all countries,
except for any specified in the BDS.
4.2 A Bidder may be a natural person, private entity, government-owned
entity (subject to ITB 4.4) or any combination of them with a formal
intent to enter into an agreement or under an existing agreement in the
form of a Joint Venture (JV). In the case of a JV:
(a) All parties to the JV shall be jointly and severally liable; and
(b) A JV shall nominate a representative who shall have the
authority to conduct all businesses 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.
4.3 A Bidder shall not have a conflict of interest. Any Bidders 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, including but not limited to:
(a) Have controlling shareholders in common;
(b) Receive or have received any direct or indirect subsidy from
any of them;
(c) Have the same legal representative for purposes of this Bid;
(d) 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;
(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 it is involved.
However, this does not limit the inclusion of the same
subcontractor, not otherwise participating as a Bidder, 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
goods and services that are the subject of the bid.
4.4 A Bidder that is under a declaration of ineligibility by the GoN/DP in
accordance with ITB 3.4, at the date of the deadline for bid submission
or thereafter, shall be disqualified.
4.5 A GoN-owned enterprise may also participate in the bid if it is legally
and financially autonomous, it operates under commercial law, and it is
not dependent agency of the Employer.
4.6 Bidders shall provide such evidence of their continued eligibility satisfactory
to the Employer, as the Employer shall reasonably request.
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4.7 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 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, GoN prohibits
commercial relations with that country, provided that the DP is
satisfied that such exclusion does not preclude effective competition
for the supply of 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.
4.8 A bidder and all parties constituting the Bidder shall have the nationality of
an eligible country as defined by the concerned DP for DP funded projects.
4.9 The domestic Bidder who has obtained Permanent Account Number (PAN)
and Value Added Tax (VAT) registration certificate(s) and Tax clearance
certificate or proof of submission of tax return from the Inland Revenue
Office shall only be eligible. The foreign bidder submitting 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 shall only be eligible
5. Qualification of
the Bidder 5.1 All Bidders shall provide in Section IV, Bidding Forms, a preliminary
description of the proposed work method and schedule, including
drawings and charts, as necessary.
6. Site Visit 6.1 The Bidder, at the Bidder’s own responsibility and risk, is encouraged
to visit and examine the Site of required Services and its surroundings
and obtain all information that may be necessary for preparing the Bid
and entering into a contract for the Services.
6.2 The Bidder should ensure that the Employer is informed of the visit in
adequate time to allow it to make appropriate arrangements.
6.3 The costs of visiting the Site shall be at the Bidder’s own expense.
B. Contents of Bidding Document
7. Sections of
the Bidding
Document
7.1 The Bidding Document consist of Parts 1, 2, and 3, which include all
the Sections indicated below, and should be read and construed in
conjunction with any Addenda issued in accordance with ITB 9.
PART 1 Bidding Procedures
Section I. Instructions to Bidders (ITB)
Section II. Bid Data Sheet (BDS)
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Section III. Evaluation and Qualification Criteria
Section IV. Bidding Forms
PART 2 Employer's Requirements
Section V. Activity Schedule
PART 3 Conditions of Contract and Contract Forms
Section VI. General Conditions of Contract (GCC)
Section VII. Fraud and Curroptions
Section VIII. Special Conditions of Contract (SCC)
Section IX. Contract Forms
7.2 The Employer will reject any Bid submission (in case of hard copy
submission) if the Bidding Document was not purchased directly from
the Employer, or through its assigned office as stated in the invitation
for bids or has not deposited (in case of electronically submission) the
cost of Bidding Document as stated in the invitation for bids.
7.3 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the bidding document and to furnish with its Bid all
information or documentation as is required by the bidding document..
7.4 The Invitation for Bids issued by the Employer is not part of the
Bidding Document
8. Clarification
of Bidding
Document/Pr
e-bid meeting
8.1. A prospective Bidder requiring any clarification of the Bidding
Document shall contact the Employer in writing at the Employer’s
address indicated in the BDS. The Employer will respond in writing
to any request for clarification, provided that such request is received
within the time limit specified in the BDS prior to the deadline for
submission of Bids. The Employer shall forward copies of its
response to all Bidders who have acquired the Bidding Document
directly from it, 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 clarification, it shall do
so following the procedure under ITB 9 and 24.2.
8.2 The Employer may organize a pre-bid meeting of Bidders before the
deadline for submission of Bids at the place, date and time as specified in
the BDS to provide information relating to Bidding Documents,
Technical specifications and the like matters. Should the Employer deem
it necessary to amend the Bidding Document as a result of a clarification,
it shall do so following the procedure under ITB 9 and ITB 24.2.
9. Amendment
of Bidding
Document
9.1 At any time prior to the deadline for submission of the Bids, the
Employer may amend the Bidding Document by issuing addenda.
9.2 Any addendum issued shall be part of the Bidding Document and shall
be communicated in writing to all who have obtained the Bidding
Document directly from the Employer. Such Addendum notice shall
also be published in the National newspaper.
9.3 To give prospective Bidders reasonable time in which to take an
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addendum into account in preparing their Bids, the Employer may, at
its discretion, extend the deadline for the submission of the Bids,
pursuant to ITB 24.2.
C. Preparation of Bids
10. Cost of
Bidding 10.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall not be responsible or
liable for those costs, regardless of the conduct or outcome of the
bidding process.
11. Language of
Bid
11.1 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.
12. Documents
Comprising
the Bid
12.1 The Bid shall comprise the following:
a) Bid Submission Letter and the applicable Price Schedules, in
accordance with ITB Clauses 13, 15, and 16;
b) Bid Security in accordance with ITB 21;
c) alternative bids, if permissible, in accordance with ITB 14;
d) written confirmation authorizing the signatory of the Bid to commit
the Bidder, in accordance with ITB 22;
e) documentary evidence in accordance with ITB 17 establishing the
Bidder’s eligibility to bid;
f) documentary evidence in accordance with ITB Clauses 18 and 31,
that the Services conform to the Bidding Document;
g) documentary evidence in accordance with ITB 19 establishing the
Bidder’s qualifications to perform the contract if its Bid is
accepted; and
h) Any other document required in the BDS.
12.2 The Bidder is solely responsible for the authenticity of the submitted
documents.
12.3 In addition to the requirements under ITB 12.1, Bids submitted by a
JV shall include a copy of the Joint Venture Agreement entered into
by all members. Alternatively, a letter of intent to execute a Joint
Venture Agreement in the event of a successful Bid shall be signed
by all members and submitted with the Bid, together with a copy of
the proposed Agreement.
12.4 The Bidder shall furnish in the Letter of Bid information on
commissions and gratuities, if any, paid or to be paid to agents or any
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other party relating to this Bid.
13. Letter of bid
and Activity
Schedule
13.1 The Bidder shall submit the Letter of bid and Activity Schedule using
the form furnished in Section IV, Bidding Forms. This form must be
completed without any alterations to its format, and no substitutes
shall be accepted. All blank spaces shall be filled in with the
information requested.
14. Alternative
Bids
14.1 Unless otherwise indicated in the BDS, alternative bids shall not be
considered.
15. Bid Prices
and
Discounts
15.1 The prices and discounts (including any price reduction) quoted by
the Bidder in the Letter of Bid and in the Activity Schedule(s) shall
conform to the requirements specified below.
15.2 All lots (contracts) and items must be listed and priced separately in
the Activity Schedule(s)
15.3 The Contract shall be for the Services, as described in Appendix A to
the Contract and in the Specifications (or Terms of Reference), based
on the Activity Schedule, submitted by the Bidder
15.4 The Bidder shall quote any discounts and indicate the methodology
for their application in the Letter of Bid in accordance with ITB 13.1
15.5 The Bidder shall fill in rates and prices for all items of the Services
described in the in Specifications (or Terms of Reference), and listed
in the Activity Schedule in Section VII, Employer’s Requirements.
Items for 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 other rates and prices in the Activity Schedule.
15.6 All duties, taxes, and other levies payable by the Service Provider
under the Contract shall be included in the total Bid price submitted
by the Bidder.
16. Currencies of
Bid
16.1 All Prices shall be priced separately in the Activity Schedule(s).
17. Documents
Establishing
the Eligibility
of the Bidder
17.1 To establish their eligibility in accordance with ITB 4, Bidders shall:
a) complete the eligibility declarations in the Letter of bid, included in
Section IV, Bidding Forms; and
b) if the Bidder is an existing or intended JV in accordance with ITB
4.2, submit a copy of the JV Agreement, or a letter of intent to
enter into such an Agreement. The respective document shall be
signed by all legally authorized signatories of all the parties to the
existing or intended JV, as appropriate.
c) submit the copy of the documents as specified in BDS.
18. Documents 18.1 To establish the conformity of the Non-Consulting Services to the
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Establishing
the
Conformity
of the
Services to
the Bidding
Document
bidding document, the Bidder shall furnish as part of its Bid the
documentary evidence that Services provided conform to the
technical specifications and standards specified in Section VII,
Employer's Requirements.
18.2 The documentary evidence may be in the form of literature, drawings
or data, and shall consist of a detailed item-by-item description of the
essential technical and performance characteristics of the Services,
demonstrating substantial responsiveness of the Services to those
requirements, and if applicable, a statement of deviations and
exceptions to the provisions of Section V, Employer's Requirements.
18.3 Standards for workmanship, process, material, and equipment, as well
as references to brand names or catalogue numbers specified by the
Employer in the Section V, Employer's Requirements, are intended to
be descriptive only and not restrictive. The Bidder may offer other
standards of quality, brand names, and/or catalogue numbers,
provided that it demonstrates, to the Employer’s satisfaction, that the
substitutions ensure substantial equivalence or are superior to those
specified in Section V, Employer's Requirements.
19. Documents
Establishing
the
Qualification
s of the
Bidder
19.1 To establish Bidder’s their eligibility in accordance with ITB 4,
Bidders shall complete the Letter of Bid, included in Section IV,
Bidding Forms.
19.2 The documentary evidence of the Bidder’s qualifications to perform
the Contract if its Bid is accepted shall establish to the Employer’s
satisfaction that the Bidder meets each of the qualification criterion
specified in Section III, Evaluation and Qualification Criteria
19.3 All Bidders shall provide in Section IV, Bidding Forms, a preliminary
description of the proposed methodology, work plan and schedule
19.4 In the event that prequalification of Bidders has been undertaken as
stated in the BDS, only Bids from prequalified Bidders shall be
considered for award of Contract. These qualified Bidders should
submit with their Bids any information updating their original
prequalification applications or, alternatively, confirm in their Bids
that the originally submitted prequalification information remains
essentially correct as of the date of Bid submission
19.5 If prequalification has not taken place before Bidding, the
qualification criteria for the Bidders are specified in Section III,
Evaluation and Qualification Criteria..
20. Period of
Validity of
Bids
20.1 Bid shall remain valid for a period specified in the BDS after the bid
submission deadline date prescribed by the Employer. A bid valid for
a shorter period shall be rejected by the Employer as nonresponsive.
20.2 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 21, it
shall also be extended for a corresponding period. A Bidder may
refuse the request without forfeiting its Bid Security. A Bidder
17
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.
21. Bid Security 21.1 The Bidder shall furnish as part of its bid, in original form a Bid
Security as specified in the BDS.
21.2 If a bid security is specified pursuant to ITB 21.1, the bid security
shall be a demand guarantee in any of the following forms at the
Bidder’s option:
a) Original copy of an unconditional bank guarantee from
Commercial Bank or Financial Institution eligible to issue Bank
Guarantee as per prevailing Law or;
b) Original copy of cash deposit voucher in the Employer's Account
as specified in BDS.
In case of a bank guarantee, the Bid Security shall be submitted using
the Bid Security Form included in Section IV, Bidding Forms. The
form must include the complete name of the Bidder. The Bid Security
shall be valid for minimum thirty (30) days beyond the end of the
validity period of the bid. This shall also apply if the period for bid
validity is extended.
The bid security issued by any foreign Bank outside Nepal must be
counter guaranteed by an Commercial Bank or Financial Institution
eligible to issue Bank Guarantee as per prevailing Law in Nepal.
21.3 If a bid Security is required in accordance with ITB 21.1, any Bid not
accompanied by an enforceable and compliant Bid Security in
accordance with ITB 21.2, 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.
21.4 If a Bid Security is specified pursuant to ITB 21.1, the Bid Security of
unsuccessful Bidders shall be returned within three (3) days upon the
successful Bidder furnishing of the signed Contract Agreement and the
Performance Security pursuant to ITB 42.
21.5 If a Bid Security is specified pursuant to ITB 21.1, the Bid Security of
the successful Bidder shall be returned as promptly as possible once
the successful Bidder has signed the Contract Agreement and
furnished the required Performance Security.
21.6 The Bid Security may be forfeited:
(a) a Bidder requests for withdrawal or modification of its bid, except as provided in ITB 20.2
(i) during the period of bid validity specified by the Bidder on the Letter of Bid, in case of electronic submission;
(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 Bid, in case of hard copy submission.
18
(b) a Bidder changes the prices or substance of the bid while providing information pursuant to clause 29.1;
(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 33.
21.7 The Bid Security of a JV must 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 17.1 (b).
22. Format and
Signing of
Bid
22.1 The Bidder shall prepare bid as described in ITB 12 and 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.
22.2 Any amendments such as interlineations, erasures, or overwriting shall
be valid only if they are signed or initialed by the person signing the
Bid.
D. Submission and Opening of Bids
23. Sealing and
Marking of
Bids
23.1 Unless otherwise specified in BDS, Bidders shall submit their bids only
by electronic or by mail/ by hand/ by courier. Bidders submitting bids
electronically shall follow the electronic bid submission procedures
specified in the BDS.
23.2 Bidders submitting bids by mail or by hand or by courier shall enclose
the original and each copy of the Bid, including alternative bids, if
permitted in accordance with ITB 14, in separate sealed envelopes,
duly marking the envelopes as “ORIGINAL”, “ALTERNATIVE”
and “COPY.” These envelopes containing the original and the copies
shall then be enclosed in one single envelope. The rest of the
procedure shall be in accordance with ITB 23.2.1 and 23.2.2.
23.2.1 The inner and outer envelopes shall:
a) bear the name and address of the Bidder;
b) be addressed to the Employer in accordance with ITB 23.1; and
c) Bear a warning "NOT TO OPEN BEFORE THE TIME AND
DATE FOR BID OPENING".
23.2.2 If all envelopes are not sealed and marked as required, the
Employer will assume no responsibility for the misplacement
19
or premature opening of the bid.
24. Deadline for
Submission of
Bids
24.1 Bids must be received by the Employer at the address and no later
than the 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.
24.2 The Employer may, at its discretion, extend the deadline for the
submission of Bids by amending the Bidding Document in
accordance with ITB 9, 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.
25. Late Bids 25.1 The Employer shall not consider any Bid that arrives after the
deadline for submission of Bids, in accordance with ITB 24. Any
Bid received by the Employer after the deadline for submission of
Bids shall be declared late, rejected, and returned unopened to the
Bidder.
26. Withdrawal,
or
Modification
of Bids
26.1 A bidder may withdraw, or modify its bid after it has been submitted
by e-Submission. Procedures for withdrawal or modification of
submitted bids are as follows:
26.1 a) Bidder may submit modification or withdrawal prior to the
deadline prescribed for submission of bids through e-GP
system by using the forms and instructions provided by the
system. Once a Bid is withdrawn, bidder shall not able to
submit another bid for the same bid.
26.2 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 bid submission form or any extension there of.
26.3 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.
27.Bid Opening 27.1 The Employer’s bid opening committee shall conduct the bid opening
in public in the presence of bidder or its representative who choose to
attend at the address, date and time specified in the BDS. The opening
committee 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 two members of the Bid opening committee.
Electronically submitted 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 bids must be readable through open
standards interfaces. Unreadable and or partially submitted bid files
20
shall be considered incomplete.
27.2 Before opening the bids the opening committee shall separate the
envelopes of the bids received after the deadline of bid submission,
the envelopes containing an application given for WITHDRAWAL,
MODIFICATION of bids and the envelopes of bids duly registered.
The bids received after the deadline of submission shall be returned to
the concerned bidder unopened. Then envelopes marked
“WITHDRAWAL” shall be opened first, read out, and recorded, and
the envelope containing the corresponding Bid shall not be opened,
but returned to the Bidder. If the withdrawal notice is not
accompanied by a copy of the valid authorization pursuant to ITB
22.2, the withdrawal shall not be permitted and the corresponding Bid
will be opened. Envelopes marked “MODIFICATION” shall be
opened, read out, and recorded with the corresponding Bid. No Bid
shall be modified unless the corresponding Modification Notice
contains a valid authorization to request the modification and is read
out and recorded at bid opening. Only envelopes that are opened, read
out, and recorded at bid opening shall be considered further.
27.3 All other envelopes shall be opened one at a time, and the following
read out and recorded: the name of the Bidder and whether there is a
modification; the Bid Prices (per lot if applicable), any discounts and
alternative offers; the presence of a Bid Security, if required; if there
is discrepancy between figure and words, description of such
discrepancy; whether the bid form is signed by the bidder or his
agent; and any other details as the Employer may consider
appropriate. Only discounts and alternative offers read out and
recorded at bid opening shall be considered for evaluation. No Bid
shall be rejected at bid opening except for late bids, in accordance
with ITB 25.1.
27.4 The opening committee shall prepare a record of the bid opening that
shall include, as a minimum: the name of the Bidder and whether
there is a withdrawal, or modification; the Bid Price, per lot if
applicable, any discounts and alternative offers if they were
permitted; 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. A copy of the record
shall be distributed to all Bidders who submitted bids in time, and
posted on line when electronic bidding is permitted. The Bidders’
representatives who are present shall also be requested to sign an
attendance sheet.
E. Evaluation and Comparison of Bids
28.Confidentiality 28.1 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 publication of the Contract award;
thereafter, information will be disclosed in accordance with ITB
21
40.1.
28.2 Any attempt by a Bidder to influence the Employer in the
examination, evaluation, comparison, and post-qualification of the
Bids or Contract award decisions may result in the rejection of its
Bid.
28.3 Notwithstanding ITB 28.2, 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 should do so in writing.
29 Clarification
of Bids
29.1 To assist in the examination, evaluation, comparison and post-
qualification of the Bids, the Employer may, at its discretion, ask any
Bidder for a clarification of its Bid. Any clarification submitted by a
Bidder with regard to its Bid and 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 prices or substance of the Bid shall be sought, offered, or
permitted, except to confirm the correction of arithmetic errors
discovered by the Employer in the evaluation of the Bids, in
accordance with ITB 33.
30 Deviations,
Reservations,
and Omissions
30.1 During the evaluation of bids, the following definitions apply:
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.
31.Determination
of
Responsiveness
31.1 The Employer’s determination of the responsiveness of a Bid is to be
based on the contents of the Bid itself, as defined in ITB 12.
31.2 A substantially responsive 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 Services specified in Section V,
Employer's Requirements; or
(ii) Limits 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.
31.3 The Employer shall examine the technical aspects of the bid in
particular, to confirm that all requirements of Section V, Employer's
Requirements have been met without any material deviation or
22
reservation.
31.4 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.
32 Non-material
Non-
conformi-ties
32.1 The Employer may regard a Bid as responsive even if it contains
minor deviations that do not materially alter or depart from the
characteristics, terms, conditions and other requirement set forth in
the Bidding Document or if it contains errors or oversights that are
capable of being corrected without affecting the substance of the Bid.
32.2 Provided that a 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 non-
material non-conformities or omissions in the Bid related to
documentation requirements. Requesting information or
documentation on such non-conformities shall not be related to any
aspect of the price of the Bid. Failure of the Bidder to comply with
the request may result in the rejection of its Bid.
32.3 Provided that a Bid is substantially responsive, the Employer shall
rectify non-material non-conformities or omissions. To this effect,
the Bid Price shall be adjusted, for comparison purposes only, to
reflect the price of the missing or non-conforming item or
component. The adjustment shall be made using the method indicated
in Section III, Evaluation and Qualification Criteria.
32.4 If small differences are found such as in technical specification,
description, feature which does 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 bid.
32.5 If the value is found fifteen percent more than the quoted amount of
the bidder on account of small differences pursuant to ITB 32.4, such
bid shall be considered irresponsive in substance and shall not be
considered for evaluation.
33 Correction of
Arithmetical
Errors
33.1 Provided that the Bid is substantially responsive, the Employer shall
correct arithmetical errors on the following basis:
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
23
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.
33.2 If the Bidder that submitted the lowest evaluated Bid does not accept
the correction of errors, its Bid shall be rejected and the bid security
shall be forfiteed.
34 Evaluation
and
Comparison
of Bids
34.1 The Employer shall evaluate and compare each Bid that has been
determined, up to this stage of the evaluation, to be substantially
responsive to the bidding document;and lowest evaluated cost.
34.2 To evaluate a Bid, the Employer shall only use all the criteria and
methodologies defined in this Clause and in Section III, Evaluation
and Qualification Criteria. No other criteria or methodology shall be
permitted.
34.3 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.
35 Post-
qualification
of the Bidder
35.1 The Employer shall determine to its satisfaction whether the Bidder
that is selected as having submitted the lowest evaluated and
substantially responsive Bid is qualified to perform the Contract
satisfactorily.
35.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted by the
Bidder, pursuant to ITB 19.
35.3 To evaluate a Bid, the Purchaser shall consider the following:
a) evaluation will be done for Items or Lots, as the bid price as
quoted in accordance with ITB 15;
b) price adjustment for correction of arithmetic errors in
accordance with ITB 33.1;
c) price adjustment due to discounts offered in accordance with
ITB 15.4; and
35.3 An affirmative determination shall be a prerequisite for award of the
Contract to the Bidder. A negative determination shall result in
disqualification of the Bid, in which event the Employer shall
proceed to the next lowest evaluated bid to make a similar
determination of that Bidder’s capabilities to perform satisfactorily.
36 Employer’s
Right to
Accept Any
Bid, and to
Reject Any or
All Bids
36.1 The Employer reserves the right to accept or reject any Bid, and to
cancel the bidding process and reject all Bids at any time prior to
Contract award, without thereby incurring any liability to the Bidders.
24
F. Award of Contract
37 Award
Criteria 37.1 The Employer shall select to 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.
38 Employer’s
Right to Vary
Quantities at
Time of
Award
38.1 At the time the Contract is awarded, the Employer reserves the right to
increase or decrease the quantity of Services originally specified in
Section V, Employer's Requirements, provided this does not exceed
the percentages indicated in the BDS, and without any change in the
unit prices or other terms and conditions of the Bid and the Bidding
Document.
39 Notification
of Intention
to Award
39.1 The Employer shall notify the concerned Bidder whose bid has been
selected in accordance with ITB 37.1 within seven days of the
selection of the bid, in writing that the Employer has intention to
accept his/her bid and shall Inform via the Letter of Intention
included in the Contract Forms and the information of name, address
and amount of selected bidder shall be given to all other bidders who
submitted the bid.
39.2 If no bidder submits an application pursuant to ITB 42.1 within a period
of seven days of providing the notice under ITB 39.1 the Employer shall
accept the bid selected in accordance with ITB 39.1 prior to the expiry of
bid validity period, and notification of award shall be communicated to
the bidder to furnish the performance security and sign the contract
within fifteen days.
40 Performance
Security 40.1 Within 7 (Seven) days of the receipt of notification of award from the
Employer, the successful Bidder shall furnish the Performance Security in
accordance with the GCC, using for that purpose the Performance
Security Form included in Section VIII, Contract Forms, or another form
acceptable to the Employer.
i) If bid price of the bidder selected for acceptance is up to 15 (fifteen)
percent less than 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 inclusive of Value Added Tax.
40.2 Failure of the successful Bidder to submit the above-mentioned
Performance Security or sign the Contract Agreement shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the Bid Security and black listing. In that event the Employer may
25
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.
41 Signing of
Contract 41.1 The successful Bidder shall sign the contract in the form included in
section VIII after the submission of performance security in accordance
with ITB 40.
41.2 At the same time, the Employer shall also notify all other Bidders of the
results of the bidding, and shall publish in an English/Nepali language
newspaper or well-known and freely accessible website the results
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 and summary scope of the Contract awarded.
42 Complaint
and Review 42.1 If a Bidder dissatisfies with the Procurement proceedings or the
decision made by the Employer in the intention to award the Contract,
it may file an application to the Chief of the concerning Public Entity
of the Employer within seven (7) days of having, receipt of such
notice or decision making, for review of the proceedings stating the
factual and legal grounds.
42.2 An application filed after the deadline pursuant ITB 42.1 shall not be
processed.
42.3 The chief of Public Entity of the Employer shall, within five (5) days
after receiving the application, give its decision with reasons, in
writing pursuant to ITB 42.1:
(a) whether to suspend the procurement proceeding and the
procedure for further proceedings to be adopted; or
(b) Whether or not to reject a application.
No application can be submitted before the Review Committee for
review against the decision made by the chief of the Public Entity for
the Bid amount up to the value as stated in BDS.
42.4 If the Bidder is not satisfied with the decision of the Public Entity in
accordance with ITB 42.3, or the decision by the Public Entity is not
given within five (5) days of receipt of application pursuant to ITB
42.1, 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 of the chief of Public Entity and
furnishing the relevant documents, provided that its Bid amount is
above the amount as stated in ITB 42.3. The application may be sent
by hand, or by post, or by courier, or by electronic media at the risk of
the Bidder itself.
42.5 Late application filed after the deadline pursuant to ITB 42.4 shall not
be processed.
42.6 Within three (3) days of the receipt of application from the Bidder,
26
pursuant to ITB 42.4, the Review Committee shall notify the
concerning Public Entity of the Employer to furnish its procurement
proceedings and comments on the issue, pursuant to ITB 42.3.
42.7 Within three (3) days of receipt of the notification pursuant to ITB
42.6, the Public Entity shall furnish the copy of the related documents
along with its comment or reaction of complaint to the Review
Committee.
42.8 The Review Committee, after inquiring from the Bidder and the
Public Entity, if needed, shall give its decision within one (1) month
after receiving the application filed by the Bidder, pursuant to ITB
42.4.
42.9 The Bidder, filing application pursuant to ITB 42.4, shall have to
furnish a cash amount or Bank guarantee as stated in BDS with the
validity period of at least ninety (90) days from the date of the filing
of application pursuant to ITB 42.4. Application filed without
furnishing the security deposit shall not be processed.
42.10 If the claim made by the Bidder pursuant to ITB 42.4 is justified, the
Review Committee shall have to return the security deposit to the
applicant, pursuant to ITB 42.9, within seven (7) days of such
decision made.
42.11 If the claim made by the Bidder pursuant to ITB 42.4 is rejected by
the Review Committee, the security deposit submitted by the Bidder
pursuant to ITB 42.9 shall be forfeited.
43 Publication of
contract award
notice
43.1 Within three days of contract signing, the Public Entity shall publish a
notice on the contract award with following information:in its notice
board as well as shall manage to publish the notice on the notice board of
Chief District Office, District Co-ordination Offic and District Treassury
Control Offic, Such notice shall also be posted in its website and
PPMO’s website.
a. Name of the procurement,
b. IFB number,
c. Date and name of newspaper published the IFB notice,
d. Name of the successful Bidder, and the contract price.
44.2 The Employer shall promptly respond in writing to any unsuccessful
Bidder who, within thirty days from the date of publication of contract
award notice in accordance with ITB 44.1, requests in writing the
grounds on which its bid was not selected.
44 Provision of
PPA and PPR
44.1 If any provision of this document are inconsistent with Public
Procurement Act (PPA), 2063 or Public Procurement Regulations
(PPR), 2064, the provision of this documents shall be void to the
extent of such inconsistency and the provision of PPA and PPR shall
prevail.
27
Section II. Bid Data Sheet
A. Introduction
ITB 1.1 Name of Employer: Krishi Samagri Company Limited (KSCL), Head Office,
Kuleshwor, Kathmandu.
Phone : 4274819, 4279715; FAX: 4278790
E-mail : [email protected]
Website: www.aicl.org.np
ITB 1.1 Name and Identification number of the Contracts: Procurement of service
of Bagging, Clearing, Forwarding and Transportation of Urea
Fertilizer from Chattogram, Bangladesh to KSCL's
Warehouse Nepal Identification of the contract number: KPN/CFT/ICB-1/077/78
ITB 1.3 The Intended Completion Date is: As per Delivery, and Completion
Schedule
ITB 2.1 Source of Fund: Implementing Agency: : Krishi Samagri Company Limited
(KSCL
ITB 4.1 Bidders from the following countries are not eligible: "Not Applicable"
ITB 4.2 Maximum number of members in the Joint Venture (JV) shall be: Three
ITB 5.1 Services to be supplied from following countries are not eligible:
"Not Applicable"
B. Bidding Document
ITB 8.1 For clarification purposes only, the Purchaser’s address is:
Attention: Managing Director
Name of the Purchaser: Krishi Samagri Company Limited (KSCL), Head
Office, Address: Kuleswor, Kathmandu, Nepal
Country: Nepal
Purchaser’s address, telephone, and facsimile numbers.
Phone : 4279715, 4279716;
FAX: 4278790
E-mail : [email protected]
Website: www.aicl.org.np
ITB 8.1 The Employer will respond in writing to any request for clarification
provided that such request is received no later than 3 days prior to the
deadline date for submission of bid.
28
ITB 8.2 A Pre-Bid meeting “shall take place" at the following date, time and place:
Date: September 22, 2020
Time: 11.00 hrs (Nepal Standard time).
Place: Krishi Samagri Company Limited (KSCL), Head Office
Kuleswor, Kathmandu, Nepal
C. Preparation of Bids
ITB 11.1 The language of the Bid is: English
ITB 12.1 (h) The Bidder shall submit the following additional documents with its Bid:
Statement and disclosure of local agent (if any), as specified in ITB
19.4 (A local agent bidding on behalf of the Supplier shall also
furnish Agency registration, VAT registration and tax clearance
certificates or proof of submission of income return for fiscal year
2075/076,
Written power of attorney duly authorized, indicating that the
person(s) signing the bid has (ve) the authority to sign the Bid and
thus that the bid is binding upon the Bidder during the full period of
its validity.
Company profile (information regarding registration, place of
business, organisation structure, the board of directors,
branches, major business etc),
Documents to establish Bidder’s qualification to perform the
contract as specified in Section III Evaluation and Qualification
Criteria.
Note: Foreign bidders submitting their bid through their local
representatives or agents in Nepal, must submit the power of
attorney authorizing them to act for and on behalf of the principal in
all matters regarding signing the contract, supply of goods under this
bid. In such case the bid security must be prepared on behalf of the
foreign bidder. Such representative firm/agent must be registered
under the law of Nepal and a copy of the relevant registration
documents i.e. (a copy of the Firm Registration Certificate,
PAN/VAT registration certificate and Tax clearance certificate must
be attached along with the bid. In case of any default by the local
representatives or agents in Nepal, the principal shall be responsible
in all matters.
ITB 14.1 Alternative Bids are not permitted
ITB 15.3 The prices quoted by the Bidder shall not be adjustable
29
ITB 17.1 (c) The Bidders shall submit:
Notarized copy of Company/Firm Registration Certificate (including
clear merger history, if any), in the respective country of the bidder,
Notarized copy of Business Registration Certificate in their
respective country of the bidder
Notarized copy of Tax registration certificate in the respective
country, (Only for National bidders and resident foreign bidders)
Notarized copy of Tax clearance certificate or proof of submission of
income return for Fiscal Year BS 2075/076 (AD 2018/2019)
Clearing Agent registered in Chittagong/Kolkata/Haldia port and
authorized by the port commissioner for clearing at Chittagong port
or Transport company registered in Bangladesh/Nepal/India subject
to the submission of commitment letter from the respective clearing
agents registered in Chittagong/Kolkata/Haldia port. Note: after the
contract award, the transporter can not change the committed
respective clearing agent or Bidders having Chemical fertilizer supply
experience in Nepal
ITB 20.1 The bid validity period shall be 21 days.
ITB 21.1
The bid must be accompanied by bid security, amounting to a minimum of US$.
140,000.00 or NRs.1,65,41,000, which shall be valid for the date of November
25, 2020.
ITB 21.2 If the Bidder wishes to submit the Bid Security in the form of unconditional
bank guarantee, it should be furnished in a format as specified in Section
IV Bidding Forms of the bid document and the bidder should submit the
original copy of the guarantee along with the bid. The validity period of the
bid security must be valid for the date of November 25, 2020
A bid security issued by a foreign bank must be counter-guaranted by A
commercial bank or Financial Institution situated in Nepal.
ITB 22.1 The written confirmation of Authorization to sign on behalf of the Bidder
shall consist of: Power of Attorney to sign the bid
D. Submission and Opening of Bids
ITB 23.1 Bidders shall have the option of submitting their bids "by electronic" Hard
Copy"
ITB 23.1 If the bidders shall have electronically option them insert a description of the
electronic bidding submission prcedure otherwise delete the procedure.
(a) If bidders submit their bids electronically, the electronic bidding submission procedures shall be: Bidders submitting Bids electronically shall follow the electronic bid submission procedure specified in this clause.
i. The bidder is required to register in the e-bidding system
http://eprocurement.kscl.gov.np interested bidders may either
30
purchase the bidding document from the Employer's office as
specified in the Invitation for Bid (IFB) or bidders may
download the IFB and bidding document from e-bidding
system.
ii. The registered bidders need to maintain their profile data required
during preparation of bids.
iii. In order to submit their bids the cost of the bidding document can
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 technical bid.
iv. The bidder can prepare their bids using data and documents
maintained in bidder’s profile and forms/format provided in
bidding document by Employer. The bidder may submit bids as
a single entity or as a joint venture. The bidder submitting bid
in joint venture shall have to upload joint venture agreement
along with partner(s) Bolpatra ID provided during bidder’s
registration.
v. Bidders (all partners in case of JV) should update their profile
data and documents required during preparation and
submission of their technical bids.
vi. In case of bid submission in JV, the consent of the partners shall
be obtained through the confirmation link sent to the registered
email address and the partners shall have to acknowledge their
confirmation.
The required forms and documents shall be part of bids. No. Document Requirement Remarks
1. Letter of Bid Mandatory PDF
2. Bid Security/Bank Guarantee Mandatory PDF
3. Company registration Mandatory PDF
4. VAT registration Mandatory for
domestic bidders PDF
5. Business Registration
Certificate if required PDF
6.
Tax clearances certificate or
evidence of tax return
submission or extension of time
Mandatory for
domestic bidders PDF
7. Power of Attorney of Bid
signatory Mandatory PDF
8. Bank Voucher for cost of bid
document Mandatory PDF
9. Joint venture agreement Mandatory in case
of JV Bids Only PDF
10. Completed Price Schedule Mandatory PDF/online
11. Qualification Documents Mandatory PDF
12. Additional documents specified
in ITB 12.2 (h) If applicable PDF
31
Note: The documents specified as “Mandatory” should be included in e-
submission and non-submission of the documents shall be considered as non-
responsive bid. .
vii. Electronically submitted bids can be modified and/or withdrawn through
system. The bidder may modify their bids multiple times online within bid
submission date and time specified in e-GP system. Once a Bid is
withdrawn, bidder won’t be able to submit another bid response for the same
bid.
viii. The Bidder / Bid shall meet the following requirements and conditions for e-
submission of bids;
aa) The e-submitted bids must be readable through PDF reader.
bb) 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-bidding
system as per specified procedures and in no case the Employer shall
be held liable for Bidder's inability to use this facility.
cc) When a bidder submits electronic bid through the KSCL's e-biding
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.
ITB 24.1 For bid submission purposes only, the Employer’s address is: Krishi
Samagri Company Limited (KSCL), Head Office, Kuleshwor, Kathmandu,
Nepal
ITB 24.1 The address and deadline for bid submission is:
Date: September 27, 2020
Time: 12:00 Noon (Nepal Standard Time)
ITB 24.1 If the last date of purchasing, submission and opening of Bid falls on a
government holiday then the next working day shall be considered as the
last day without any change in the time and place as fixed.
ITB 27.1 The bid opening shall take place at:
Place: Krishi Samagri Company Limited (KSCL), Head Office, Kuleshwor,
Kathmandu, Nepal
Date: September 27, 2020
Time: 13:00 hous (Nepal Standard Time)
ITB 27.1 If electronic bid submission is permitted in accordance with ITB 23.1, the
specific bid opening procedures shall be:
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 two members of the Bid opening committee.
E. Evaluation and Comparison of Bids
32
F. Award of Contract
ITB 38.1 The maximum percentage by which quantities may be increased is: 15%
The maximum percentage by which quantities may be decreased is: 15%
ITB 42.3 No application can be submitted before the Review Committee for review
against the decision made by the chief of the Public Entity for the vid
amount up to the value of Nepalese Rupees 20,000,000 (twenty million)
ITB 42.9 The bidder,filling application pursuant to ITB 42.4,shall have to furnih a
cash amount ot Bank guarantee equal to 0.15 of its bid price
33
Section III - Evaluation and Qualification Criteria
Contents
1. Evaluation
1.1 Adequacy of Technical Proposal
2. Qualification
The Employer shall use the criteria and methodologies listed in this Section to evaluate
Bids. By applying these criteria and methodologies for determining the Subtantially
Responsive Bid.
1. Evaluation
In addition to the criteria listed in ITB 35.3 (a) to (c) the following criteria shall apply:
…………………………………………………………………………………
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 VII, Employer’s
Requirements.
34
Qualification Requirements
The Service Provider shall furnish clear and easy to comprehend documentary evidence
to demonstrate that it meets the following Qualification Requirement(s):
Average
Annual Turn
over
The average annual turnover during the last three years (Fiscal year
2018/19, 2017/18 and 2016/17) should be minimum USD 2,300,000
(In case of JV, at least one partner must meet the 40 percent of the
total requirement, other partners must meet at least 25 percent of the
total requirement and all partners combined must meet the total
requirement.) (The Service Provider must submit audited balance
sheet of above three fiscal years)
Specific
Experience
The bidder must have supply experience of at least 20,000 metric ton
Chemical Fertilizer/Food Grain in Nepal or have experience of clearing
forwarding and transportation of at least 20,000 metric ton Chemical
Fertilizer/Food Grain through marine, rail and road in Bangladesh, India
or Nepal within last five years (in case of Joint Venture at least one
partner must meet the requirement) (The Service Provider must submit
expericence certificate provided by the Purchaser
Sources of
financing
The minimum amount of sources of financing, such as liquid assets,
unencumbered real assets, lines of credit, and other financial means,
available to meet the total cash flow requirements of the subject contract
is USD 3,300,000 (in case of Joint Venture at least one partner must
meet the requirement) (The letter from the Bank must be unconditional)
35
Section IV- Bidding Forms
Table of Forms
Letter of Bid 38
Bidder Information Form 40
Joint Venture Information Form 41
Average Annual Turnover Form 42
Financial Resources Form 43
Specific Experience Form 44
Activity Schedule Forms 45
Method Statement 47
Work Plan 48
Form of Bid Security 49
36
1. Letter of bid
(The Bidder shall accomplish the Letter of Bid Form in its Letter Head Clearly showing the Bidders Complete name
and address)
Date:
Contract No.:
Invitation for Bid No.:
To:
_______________________________________________________________________
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Document, including
Addenda No.: ;
(b) We offer to provide the Non-Consulting Services in conformity with the bidding
document of the following Services:
;
(c) The total price of our Bid, excluding any discounts offered in item (d) below is:
;
(d) The discounts offered and the methodology for their application are:
;
(e) Our Bid shall be valid for a period of 21 days from the date fixed for the bid submission
deadline in accordance with the Bidding Document, 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 the amount of
_______percent of the Contract Price for the due performance of the Contract;
(g) We are not participating, as Bidders, in more than one Bid in this bidding process, other
than alternative offers in accordance with the Bidding Document;
(h) Our firm, its affiliates or subsidiaries, including any subcontractors or Service Providers
for any part of the Contract, has not been declared ineligible by the GoN;
(i) The following commissions, gratuities, or fees, if any, have been paid or are to be paid
with respect to the bidding process or execution of the Contract:
Name of Recipient Address Reason Amount
37
(If none has been paid or is to be paid, indicate “none.”)
(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) We understand that you are not bound to accept the lowest evaluated bid or any other
bid that you may receive.
(l) We declare that we are not ineligible to participate in the procurement proceedings; have
no conflict of interest in the proposed procurement proceedings and have not been
punished for a profession or business related offense.
(m) We agree to permit GoN 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 GoN.
Name
In the capacity of
Signed
Duly authorized to sign the Bid for and on behalf of
Date
38
2. Bidder's Information Form
[The Bidder shall fill in this Form. No alterations to its format shall be permitted and no
substitutions shall be accepted. In case of joint venture, each partner shall fill the
information in separate form.]
Date: ...................[insert date (as day, month and year) of Bid Submission]
Page ________ of_ ______ pages
1. Bidder’s Legal Name
2 Bidder’s Address:
3 Bidder’s Country of Registration:
4. Bidder’s Year of Registration:
5. Bidder’s Legal Address in Country of
Registration
6. Bidder’s Authorized Representative
Information:
…..Name:
Address:
Telephone/Fax numbers:
Email Address
7 Bidder’s Telephone/Fax numbers:
8 Bidder’s Email Address:
Attached are copies of the following original documents.
1. Firm Registration Certificate
2. Authorization to represent the firm
39
2. Joint Venture Information Form
Lead
Partner
Name of the Lead Partner in Joint Venture:
Share of the Lead Partner:
Place and year of Firm Registration:
Place of Business Registration:
Legal Address
Telephone/Fax numbers:
e-mail address:
Partner Name of the Partner in Joint Venture:
Share of the Lead Partner:
Place and year of Firm Registration:
Place of Business Registration:
Legal Address
Telephone/Fax numbers:
e-mail address:
Partner Name of the Partner in Joint Venture:
Share of the Partner Partner:
Place and year of Firm Registration:
Place of Business Registration:
Legal Address
Telephone/Fax numbers:
e-mail address:
Name of the partner authorized to sign the Bid:
Legal Address
Telephone/Fax numbers:
e-mail address:
40
3. Average Annual Turnover Form
The information supplied should be the Annual Turnover of the Bidder in terms of the amounts
billed to clients for each year for work in progress or completed to NRs at the end of the period
reported.
Annual Turnover Data for the Last 5 Years
Year Amount
(in USD)
Fiscal Year 2018/19
Fiscal Year 2017/18
Fiscal Year 2016/17
Average Annual Turnover
41
4. Financial Resources Form
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and
other financial means, available to meet the total cash flow requirements of the subject contract
Financial Resources
No. Source of financing Amount (in USD)
1
2
3
Note:
The letter from the Bank must be unconditional.
42
5. Specific Experience Form
Bidder’s Legal Name: ___________________________ Date: _____________________
IFB No.:
Page _______ of _______ pages
Similar Contract Information
Contract Identification _______________________________________
Award date
Completion date
_______________________________________
_______________________________________
Role in Contract Contractor
Management
Contractor
Subcontractor
Total Contract amount __________________________ Currency____
Description of the works performed by
the Bidder
If partner in a JV or subcontractor,
specify participation of total Contract
amount
__________%
_____________
Currency____
Employer’s Name: _______________________________________
Employer’s Address:
Employer’s Telephone/fax number:
Employer’s E-mail:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
The Bidder shall complete this form for each contract completed/in progress.
43
6. Activity Schedule Form Name of the Bidder:
Date: _________________________
RFB No: _____________________
1 2 3 4 5 6 7 8
Service
N Description of Services Delivery Date Physical unit Quantity
Unit price
in figure
USD Unit price in words
Total Price per Service
(Col.3*6)
USD
1 Service of Bagging, Clearing, Forwarding and
Transportation of Urea Fertilizer from
Chattogram to KSCL Warehouse Biratnagar Fertilizer must
be dispatched
from KAFCO
within 20 days
and must be
delivered within
70 days from the
date of signing
the
contract/confirm
aion of L/C
Metric Ton 12,500 ....................................................USD
2
Service of Bagging, Clearing, Forwarding and
Transportation of Urea Fertilizer from
Chattogram to KSCL Warehouse Birgunj
Metric Ton
20,000 ....................................................USD
3 Service of Bagging, Clearing, Forwarding and
Transportation of Urea Fertilizer from
Chattogram to KSCL Warehouse Bhairahawa
Metric Ton 17,500 ....................................................USD
Total
Value Added Tax
Grand Total
44
Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]
Note: Unit price shall include all custom duties and taxes, transportation cost to the final
destination and insurance cost.
Name
In the capacity of
Signed
Duly authorized to sign the Bid for and on behalf of
Date
45
7. Method Statement
46
8. Work Plan
47
9. Bid Security [This is the format for the Bid Security to be issued on the letterhead by a bank as specified in
BDS]
[Insert Bank’s Name and Address of Issuing Branch or Office]
Date: [insert date]
Beneficiary: [insert Name and Address of Employer]
BID GUARANTEE No.: [insert number]
We have been informed that [insert name of the Bidder] (hereinafter called "the Bidder")
intends to submit its bid to you (hereinafter called "the Bid") for the execution of [insert name
of contract] under Invitation for Bids No. [Insert IFB number] (“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 [insert name of Bank] hereby irrevocably undertake to pay you
any sum or sums not exceeding in total an amount of [insert amount in figures][insert 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 its Bid during the period of bid validity specified by the
Bidder in the Form of Bid; or
(b) 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, if
required, or (ii) fails or refuses to furnish the performance security, in
accordance with the ITB.
This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of copies
of the contract signed by the Bidder and the performance security issued to you upon the
instruction of the Bidder; and (b) if the Bidder is not the successful Bidder, upon the earlier of
(i) our receipt of a copy of your notification to the Bidder of the name of the successful Bidder;
or (ii) thirty (30) days after the expiration of the Bidder’s bid which comes to be [insert the
date].
Consequently, any demand for payment under this guarantee must be received by us at the
office on or before that date.
Name
In the capacity of
Signed
Duly authorized to sign the Bid Security for and on behalf of
Date
48
Part II – Employer’s Requirement
49
Section V. Activity Schedule Contents
1. Terms of Reference ......................................................................................................... 52
2. Delivery, and Completion Schedule ............................................................................. 58
5. Inspection and Test ........................................................................................................... 59
50
Krishi Samagri Company Limited, Head Office
Kuleshwor, Kathmandu, Nepal
Terms of Reference
For the Bagging, Clearing, Forwarding and Transportation of Urea Fertilizer
from Chattogram, Bangladesh to KSCL's Warehouse Nepal Contract Identification No: KPN/CFT/ICB-1/077/78
Background:
On the request of Government of Nepal, Government of the People's Republicof Bangladesh has agreed
to provide 50,000 MT of Urea (46% N) Fertilizer from Karnaphuli Fertlizer Company Limited
(KAFCO) Rangadia, Karnaphuli, Chattogram -4000, Bangladesh to KSCL's Warehouse Nepal as
repayable loan assistance. In this connection, Krishi Samagri Company Limited, Head Office,
Kuleshwor, Kathmandu, Nepal seeks the srvice of eligible bidders for the Bagging, Clearing, Forwarding
and Transportation of Urea Fertilizer from Karnaphuli Fertlizer Company Limited (KAFCO) Rangadia,
Karnaphuli, Chattogram -4000, Bangladesh to KSCL's Warehouse Nepal.
Purpose:
The main purpose of the service is to Bagging, Clearing, Forwarding and Transportation of Urea
Fertilizer from Karnaphuli Fertlizer Company Limited (KAFCO) Rangadia, Karnaphuli, Chattogram -
4000, Bangladesh to KSCL's Warehouse Nepal as specified below.
Place of Origin in Bangladesh:
The place of Origin in Bangladesh:shall be Karnaphuli Fertlizer Company Limited (KAFCO) Rangadia,
Karnaphuli, Chattogram -4000, Bangladesh. Upon formal request letter from Government of Nepal,
Krishi Samagi Company Limited, Karnaphuli Fertlizer Company Limited (KAFCO) Rangadia,
Karnaphuli, Chattogram -4000, Bangladesh shall handover 50,000 MT of Urea (46% N) Fertilizer in
Bulk to the Successful Service Provider..
List of Fertilizers and Delivery Schedule:
Line
Item
N
Description of Fertilizers
and spare bags
Quant
ity
Physical
unit
Final
(Project Site)
Destination
as specified
in BDS
Delivery (as per
Incoterms) Date
Delivery Date
1
Service of Bagging, Clearing,
Forwarding and
Transportation of Urea
Fertilizer from Karnaphuli
Fertlizer Company Limited
(KAFCO) Rangadia,
Karnaphuli, Chattogram -
4000, Bangladesh to KSCL
Warehouse Biratnagar
12,500 Metric
Ton KSCL
Warehouse Biratnagar
Fertilizer must be
dispatched from
KAFCO within 20
days and must be
delivered within 70
days from the date of
signing the
contract/confirmaion
of L/C 2 Spare bags for Biratnagar 2,500 Pcs
51
3
Service of Bagging, Clearing,
Forwarding and
Transportation of Urea
Fertilizer from Karnaphuli
Fertlizer Company Limited
(KAFCO) Rangadia,
Karnaphuli, Chattogram -
4000, Bangladesh to KSCL
Warehouse Birgunj
20,000 Metric
Ton
KSCL
Warehouse Birgunj
4 Spare bags for Birgunj 4.000 Pcs
5
Service of Bagging, Clearing,
Forwarding and
Transportation of Urea
Fertilizer from Karnaphuli
Fertlizer Company Limited
(KAFCO) Rangadia,
Karnaphuli, Chattogram -
4000, Bangladesh to KSCL
Warehouse Bhairahawa
17,500 Metric
Ton
KSCL
Warehouse Bhairahawa
6 Spare bags for Bhairahawa 3,500 Pcs
Scope of Work:
Bagging of Urea Fertilizer:
As the service provider will receive the fertilizer in bulk, the service provider shall pack
the fertilizer in 50 kg. Net in white polypropylene woven bags with polyethylene inner
bags. The weight of outer polypropylene bag and inner polyethylene bag should not be
less than 230 gram. Size of the bag should be about 40"×22" and fiber construction outer
bag should be not less than 10 ×10 per square inch. The bags should be stitched with
strong synthetic thread.
The service provider shall provide 1.% spare bags and the Spare bags should also follow
same specification.
The service provider shall mark the fertizer bags (including spare bags) as follows: Bag marking
ONE SIDE
UREA 46 % N
50Kg. Nett; 50.230Kg Gross
KSCL NEPAL
FOR MANURING PURPOSE
USE NO HOOKS
IN TRANSIT TO NEPAL
Manufacturer’s Name:
Year of Manufacturer: ......
Country of Origin: .....
52
कृषक यरुरया
IMPORTED & MARKETED BY
कृषष सामग्री कम्पनी लऱलमटेड KRISHI SAMAGRI COMPANY LTD.
(An Undertaking of Government of Nepal)
काठमाडौं, नेपाऱ
Contract No.
Other Side
Note: Spare bags may be used for any sweeping or repacking. However a certificate from concerned
authorities must be submitted showing the number of spare bags so used. For any shortage of
spare bags except used in repacking or sweepings US $ 1.00 for each bag will be realized from
the service provider, all loading and unloading costs and all other charges whatsoever will occur.
1. Clearing, Forwarding and transportation of Urea Fertilizer up to the
KSCL"s warehouse:
The service provider shall be responsible for the clearing and forwarding and transportation of
Urea Fertilizer up to the final destination of delivery.
The service provider shall have following options for the transportation of the fertilizer, But the
bidder shall purpose the best option for carrying out the assignment soonest possible.
Option -1 By Road ways linking Karkarvitta
Transport the fertilizer by Bangladesh rail up to Panchasadh then roadways linking
Banglabanda- Phulbari- Kakarvitta route so that the fertilizer can be delivered soonest
possible.
Option 2. Chattogram to Kolkata Via large water vessel
Shipment from Chattogram for Kolkata and from Kolkata to Biratnager, Birgunj and
Bhairahawa by train
Option 3. Chattogram to Nowapara, Jasore using small vessels
Transportation of fertilizer from Chattogram to Nowapara, Jasore dockyard through small
vessel and then Nowapara, Jasore to nearest Indian Railways links. From Indian Railways
links to to Biratnager, Birgunj and Bhairahawa by train
Cost to be included in the bid price:
The service provider shall include the following cost in the price proposal:
औ.खररद मूल्य (प्रलि बोरा) रु. ......।- औ. अनदुान मूल्य (प्रलि बोरा) रु. ......।- औ. लबक्री मूल्य (प्रलि बोरा) रु. .......।-
(लबराटनगर, लबरगंज र भैरहवा)
53
All cost for 1% spare bags and printing cost in the bag,
All cost for clearing commission, railway/ship/truck charges, risk of railway ship/truck rent,
All cost for transporation cost up to the final destination,
All cost for insurance cost in an amount equal to 115 percent of the C&F Nepal warehouse value (for
calculation purpose FOB/KAFCO is around USD 290 plus quoted CFT cost per metric ton.)
Warehouse” to “Warehouse” on “All Risks” basis, including War Risks, SRCC, Arson and Strikes.
All cost for boarder custom clearance,
All cost for loading/unloading up to the final destination,
All cost for preparing bid securities, performance securities and any other securities, and
All cost for any other costs/charges whatsoever will occur.
Work to be started and completed:
The service provider shall start the work within 20 days after signing the contract/ confirmaion of L/C
and completed the assignment withing 70 days.
Eligibility and qualification of Service Providers:
Notarized copy of Company/Firm Registration Certificate (including clear merger
history, if any), in the respective country of the bidder,
Notarized copy of Business Registration Certificate in their respective country of the
bidder
Notarized copy of Tax registration certificate in the respective country, (Only for
National bidders and resident foreign bidders)
Notarized copy of Tax clearance certificate or proof of submission of income return for
Fiscal Year BS 2075/076 (AD 2018/2019)
Clearing Agent registered in Chittagong/Kolkata/Haldia port and authorized by the port
commissioner for clearing at Chittagong port or Transport company registered in
Bangladesh/Nepal/India subject to the submission of commitment letter from the respective
clearing agents registered in Chittagong/Kolkata/Haldia port. Note: after the contract award, the
transporter can not change the committed respective clearing agent. or Bidders having Chemical
fertilizer supply experience in Nepal.
Responsibility of the Employer:
The Emloyer shall be responsible to avail the fertilizer to the service provider within 7 days of the
contract signing date. In case of unavailability of fertilizer, the Employer is liable to extend the delivery
period by the delay days.
Payment modality:
The method and conditions of payment to be made to the Service Provider under this
Contract shall be as follows
Payment to foreign Service Providers:
Payment of foreign currency portion shall be made in USD in the following manner:
54
(i) Advance Payment: Ten (10) percent of the Contract Price shall be paid as
advance payment within twenty (20) days of signing of the Contract through
irrevocable confirmed letter of credit opened in favor of the Service Provider in a
bank in Nepal upon submission of bank guarantee for the equivalent amount in
the form provided in the bidding documents or another form acceptable to the
Employer and upon submission of evidence of shipment of at least 7,500 Mt of
fertilizer.
(ii) Upon arrival of fertilizer in Dryport (Nepal): Eighty (80) percent of the
Contract Price shall be paid through irrevocable confirmed letter of credit opened
in favor of the Service Provider in a bank in its country, upon arrival of fertilizer
in the custom (Dryport) of Nepal and submission of documents specified in
Clause 3.1.2 of Special Conditions of Contract. Advance payment shall be settled
proportionately in this payment.
(iii) On Acceptance: Twenty (20) percent of the Contract Price shall be released from
irrevocable confirmed letter of credit opened in favor of the Service Provider in a
bank in its country, within thirty (30) days upon successfull delivery of fertilizer at
(KSCL's warehouses (i.e. Biratnagar, Birgunj and Bhairahawa) including
submission of required custom related documents (Custom Transit Declaration,
Pragyapanpatra, Bi:Bi:Ni) and goods received reports (Chalani, Malprapti) and
upon submission of store entry report issued by the Employer.
Payment to Domestic Service Providers:
Payment to Domestic Bidders shall be made in Nepalese currency in the followinng
manner at the exchange selling rate established by the Nepal Rastra Bank on the day of
payment:
i) Advance Payment: Ten (10) percent of the Contract Price shall be paid as advance
payment within twenty (20) days of signing of the Contract through Account Section
of KSCL upon submission of bank guarantee for the equivalent amount in the form
provided in the bidding documents or another form acceptable to the Employer and
upon submission of evidence of shipment of at least 7,500 Mt of fertilizer.
ii) Upon arrival of fertilizer in Dryport (Nepal): Eighty (80) percent of the Contract
Price shall be paid through Account Section of KSCL, upon arrival of fertilizer in
the custom (Dryport) of Nepal and submission of documents specified in Clause
3.1.2 of Special Conditions of Contract. Advance payment shall be settled
proportionately in this payment.
iii) On Acceptance: Twenty (20) percent of the Contract Price shall be released from
Account Section of KSCL, within thirty (30) days upon successfull delivery of
fertilizer at (KSCL's warehouses (i.e. Biratnagar, Birgunj and Bhairahawa) including
submission of required custom related documents (custom transit declaration,
pragyapanpatra, Bi:Bi:Ni) and fertilizer received reports (Chalani, Malprapti) and
upon submission of store entry report issued by the Employer. However, the
Employer may deduct as necessary, in accordance with the contract conditions.
55
Letter of Credit Terms
i. All bank charges, commissions at Employer's bank will be in Employer's account.
All bank charges and commissions at Supplier's bank will be borne by the
Supplier.
ii. The documentary letter of credit is subject to the Uniform Rules and Practice for
Documentary Credits, 1993 revision, issued by the ICC, publication 600
iii. Partial shipment allowed.
iv. Shipping documents presented within 15 (fifteen) days after the date of the bill of
lading but within letter of credit validity are acceptable.
v. All the documents in languages other than English must be accompanied with and
by the official English translation.
vi. Amendment charges will be at faulty party’s account.
vii. KSCL will intimate service provider about the establishment of letter of credit. It
shall be the responsibility of the service provider to contact the corresponding
bank in the respective country and obtain the same and inform KSCL on any major
discrepancies and request for amendment within 7 days from the date of
establishment of letter of credit. But KSCL shall not be responsible if L/C cannot
be established due to the poor credit rating of service provider
Note:
Payment of local currency portion shall be made in Nepalese Rupees within thirty (30)
days of presentation of claim supported by a certificate from the Employer declaring
that the Fertilizer have been delivered and that all other contracted Services have been
performed
Payment to Nepalese Service providers shall be made in the Nepalese currency using
the selling exchange rates established by Nepal Rastra Bank on the date of payment
As per the provision of Nepal Income Tax Act 2058 clause No. 89 Sub clause 3 (ka)
5% of the contract price shall be deducted as Tax deduction at source (TDS) from non-
resident foreign bidders and 1.5.% of the contract price shall be deducted as Tax
deduction at source (TDS) from domestic bidders and resident foreign bidders.
Necessary deduction, if any, shall also be made as per conditions of contract.
56
2. Delivery, and Completion Schedule
A. Delivery shall take place in compliance with the dates, duration, and locations indicated
below with the completion of work and services mentioned.
Line
Item
No
Name of required
services Quantity
Physical
unit
Place of
delivery to be
provided
Delivery Date
1 2 3 4 5 6
1
Service of Bagging,
Clearing, Forwarding
and Transportation of
Urea Fertilizer from
Chattogram to KSCL
Warehouse Biratnagar
12,500 Metric Ton
KSCL
Warehouse Biratnagar
20 Days from the date of
confirmation of L/C or
contract signing for the first
consignment and within 70
days of the confirmation of
L/C or date of contract signing
for all fertilizer.
Spare bags for
Biratnagar 2,500 Piece
2
Service of Bagging,
Clearing, Forwarding
and Transportation of
Urea Fertilizer from
Chattogram to KSCL
Warehouse Birgunj
20,000 Metric Ton KSCL
Warehouse Birgunj
Spare bags for Birgunj 4,000 Piece
3
Service of Bagging,
Clearing, Forwarding
and Transportation of
Urea Fertilizer from
Chattogram to KSCL
Warehouse Bhairahawa
17,500 Metric Ton KSCL
Warehouse Bhairahawa
Spare bags for
Bhairahawa 3,500 Piece
57
2. Inspections and Tests
The following inspections and tests shall be performed at final acceptance:
a) The service provider shall appoint a Internationally reputed Government approved
Independent Surveyer at the place of loading for the inspection and test of fertilizer in
terms of quality, quantity, packaging, levelling weight and issue a Certificate of
inspection. The cost for the surver shall be borned by the Service Provider.
b) The Employer shall appoint a Surveyer to inspect the service delivered by the Service
Provider under this contract. The inspection shall be carried out at dry port of Nepal
soonest possible not later than three days from the date of receipt of notification from
the Service Provider stating that the services are ready for inspection..
c) The Service Provider or his representative shall be responsible for testing and
demonstrating to the Employer's Surveyer that the service meet the Purchasr's
requirements.
d) The Service Provider shall be completely responsible for the service until accepted by
the Employer and should there be any service missing as compared to contract
requirements. As soon as the services have been found to meet all the requirements of
the contract, the Employer shall issue a certificate of completion of the service
58
Part III – Conditions of Contract and Contract Forms
59
Table of Clauses
A General Provisions
1.1 Definitions 63
1.2 Applicable Law 64
1.3 Language 64
1.4 Notices 64
1.5 Location 64
1.6 Authorized Representatives 64
1.7 Taxes and Duties 64
2 Commencement, Completion, Modification, and Termination of Contract 64
2.1 Effectiveness of Contract 64
2.2 Commencement of Services 65
2.2.1 Program 65
2.2.2 Starting Date 65
2.3 Intended Completion Date 65
2.4 Modification 65
2.5 Force Majeure 66
2.6 Termination 66
3 Obligations of the Service Provider 67
3.1 General 67
3.2 Conflict of Interests 68
3.3 Liquidated Damages 68
3.4 Performance Security 69
3.5 Corrupt and Fraudulent Practices 69
4 Obligations of the Employer 69
4.1 Make avail the Goods to the Service Provider 69
4.2 Assistance of Exemptions 69
4.3 Service and Facilities 69
5 Payments to the Service Provider 69
5.1 Contract Price 69
5.2 Terms and Conditions of Payment
5.3 Interest on Delayed Payments 70
6 Quality Control 70
6.1 Modalities of Inspection of the Services 70
7 Settlement of Disputes 70
7.1 Amicable Settlement 70
7.2 Dispute Settlement 70
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Section VI - General Conditions of Contract
A. General Provisions
1.1 Definitions Unless the context otherwise requires, the following terms whenever
used in this Contract have the following meanings:
(a) “Activity Schedule” is the priced and completed list of items of
Services to be performed by the Service Provider forming part
of his Bid;
(b) “Completion Date” means the date of completion of the
Services by the Service Provider as certified by the Employer
(c) “Contract” means the Contract signed by the Parties, to which
these General Conditions of Contract (GCC) are attached,
together with all the documents listed in Clause 1 of such
signed Contract;
(d) “Contract Price” means the price to be paid for the
performance of the Services, in accordance with Clause 6;
(e) “Employer” means the party who employs the Service Provider
(f) “GCC” means these General Conditions of Contract;
(g) “Government” means the Government of Nepal;
(h) “Member,” in case the Service Provider consist of a joint
venture of more than one entity, means any of these entities;
“Members” means all these entities, and “Member in Charge”
means the entity specified in the SC to act on their behalf in
exercising all the Service Provider’ rights and obligations
towards the Employer under this Contract;
(i) “Party” means the Employer or the Service Provider, as the
case may be, and “Parties” means both of them;
(j) “Personnel” means persons hired by the Service Provider or by
any Subcontractor as employees and assigned to the
performance of the Services or any part thereof;
(k) “Service Provider” is a person or corporate body whose Bid to
provide the Services has been accepted by the Employer;
(l) “Service Provider’s Bid” means the completed Bidding
Document submitted by the Service Provider to the Employer
(m) “SCC” means the Special Conditions of Contract by which the
GCC may be amended or supplemented;
(n) “Services” means the work to be performed by the Service
61
Provider pursuant to this Contract, as described in Employer's
requirement.
(o) “Goods” means Chemical Ferlizer to be transported from
Bangladesh to KSCL warehoses.
(mo) “Subcontractor” means any entity to which the Service
Provider subcontracts any part of the Services in accordance
with the provisions of Sub-Clauses 3.5 and 4.
1.2 Applicable Law The Contract shall be interpreted in accordance with the laws of
Nepal.
1.3 Language This Contract has been executed in the language specified in the
SCC, which shall be the binding and controlling language for all
matters relating to the meaning or interpretation of this Contract.
1.4 Notices Any notice, request, or consent made pursuant to this Contract shall
be in writing and shall be deemed to have been made when delivered
in person to an authorized representative of the Party to whom the
communication is addressed, or when sent by registered mail, telex,
telegram, or facsimile to such Party at the address specified in the
SCC.
1.5 Location The Services shall be performed at such locations as are specified in
Appendix A, in the specifications and, where the location of a
particular task is not so specified, at such locations, whether in the
Government’s country or elsewhere, as the Employer may approve.
1.6 Authorized
Representatives
Any action required or permitted to be taken, and any document
required or permitted to be executed, under this Contract by the
Employer or the Service Provider may be taken or executed by the
officials specified in the SCC.
1.7 Taxes and Duties The Service Provider, Subcontractors, and their Personnel shall be
entirely responsible for to pay all taxes, duties, license fees, and
other impositions as may be levied under the Applicable Law until
delivery of the contracted Services to the Employer, the amount of
which is deemed to have been included in the Contract Price.
2. Commencement, Completion, Modification, and
Termination of Contract
2.1 Effectiveness of
Contract
This Contract shall come into effect on the date the Contract is
signed by both parties or such other later date as may be stated in
the SCC.
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2.2 Commencement
of Services
2.2.1 Program Before commencement of the Services, the Service Provider shall
submit to the Employer for approval a Program showing the general
methods, arrangements, order and timing for all activities. The
Services shall be carried out in accordance with the approved
Program as updated.
2.2.2 Starting
Date
The Service Provider shall start carrying out the Services within
twenty (20) days after the date the Contract becomes effective, or at
such other date as may be specified in the SCC.
2.3 Intended
Completion Date
Unless terminated earlier pursuant to Sub-Clause 2.6, the Service
Provider shall complete the activities by the Intended Completion
Date, as is specified in the SCC. If the Service Provider does not
complete the activities by the Intended Completion Date, it shall be
liable to pay liquidated damage as per Sub-Clause 3.8. In this case,
the Completion Date will be the date of completion of all activities.
2.4 Modification Modification of the terms and conditions of this Contract, including
any modification of the scope of the Services or of the Contract
Price, may only be made by written agreement between the
Parties.bank
2.5 Force Majeure 2.5.1 The Service Provider shall not be liable for forfeiture of its
Performance Security, liquidated damages, or termination for
default if and to the extent that its delay in performance or
other failure to perform its obligations under the Contract is
the result of an event of Force Majeure.
2.5.2 For purposes of this Clause, “Force Majeure” means an event
or situation beyond the control of the Service Provider that is
not foreseeable, is unavoidable, and its origin is not due to
negligence or lack of care on the part of the Service Provider.
Such events may include, but not be limited to, acts of the
Employer in its sovereign capacity, wars or revolutions, fires,
floods, epidemics, quarantine restrictions, and freight
embargoes.
2.5.3 If a Force Majeure situation arises, the Service Provider shall
promptly notify the Employer in writing of such condition and
the cause thereof. Unless otherwise directed by the Employer
in writing, the Service Provider shall continue to perform its
obligations under the Contract as far as is reasonably practical,
and shall seek all reasonable alternative means for
performance not prevented by the Force Majeure event.
2.5.2 No Breach
of Contract
The failure of a Party to fulfill any of its obligations under the
contract shall not be considered to be a breach of, or default under,
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this Contract insofar as such inability arises from an event of Force
Majeure, provided that the Party affected by such an event (a) has
taken all reasonable precautions, due care and reasonable alternative
measures in order to carry out the terms and conditions of this
Contract, and (b) has informed the other Party as soon as possible
about the occurrence of such an event.
2.5.3 Extension of
Time
If at any time during performance of the Contract, the Service
Provider or its Subcontractors should encounter conditions
impeding timely delivery of the Service, the Service Provider shall
promptly, and at least twenty (21) days before the expiry of
procurement contract, notify the Employer in writing of the delay,
its likely duration, and its cause. As soon as practicable after receipt
of the Service Provider’s notice, the Employer shall evaluate the
situation and may at its discretion extend the Service Provider’s
time for performance, in which case the extension shall be ratified
by the parties by amendment of the Contract
2.6 Termination 2.6.1 Termination for Default
(a) The Employer, without prejudice to any other remedy for
breach of Contract, by Notice of default sent to the
Service provider, may terminate the Contract in whole
or in part:
(i) if the Service provider fails to deliver any or all
of the Services within the period specified in the
Contract, or within any extension thereof
granted by the Employer or
(ii) If the Service Provider fails to perform any other
obligation under the Contract.
(b) In the event the Employer terminates the Contract in
whole or in part, the Employer may procure, upon such
terms and in such manner as it deems appropriate,
Services similar to those undelivered or not performed,
and the Service provider shall be liable to the
Employer for any additional costs for such similar
Services. However, the Service provider shall continue
performance of the Contract to the extent not
terminated.
(c) If the Service provider, in the judgment of the Employer
has engaged in corrupt, fraudulent, collusive, coercive
or obstructive practices, in competing for or in
executing the Contract.
2.6.2 Termination by the Service Provider
The Service Provider may terminate this Contract, by not less
than thirty (30) days’ written notice to the Employer, such
notice to be given after the occurrence of any of the events
64
specified in paragraphs (a) and (b) of this Sub-Clause 3.6.2:
(a) if the Employer fails to pay any monies due to the
Service Provider pursuant to this Contract and not
subject to dispute pursuant to Clause 7 within forty-five
(45) days after receiving written notice from the Service
Provider that such payment is overdue; or
(b) if, as the result of Force Majeure, the Service Provider
is unable to perform a material portion of the Services
for a period of not less than seventy (70) days.
2.6.3 Termination for Insolvency
The Employer may at any time terminate the Contract by
giving Notice to the Service provider if the Service provider
becomes bankrupt or otherwise insolvent. In such event,
termination will be without compensation to the Service
provider, provided that such termination will not prejudice or
affect any right of action or remedy that has accrued or will
accrue thereafter to the Employer.
2.6.4 Termination for Convenience
(a) The Employer, by written Notice sent to the Service
provider, may terminate the Contract, in whole or in
part, at any time for its convenience. The Notice of
termination shall specify that termination is for the
Employer’s convenience, the extent to which
performance of the Service Provider under the
Contract is terminated, and the date upon which such
termination becomes effective.
(b) The Services that are complete after the Service
Provider’s receipt of the Notice of termination shall be
accepted by the Employer at the Contract terms and
prices. For the remaining Services, the Employer may
elect:
(i) To have any portion completed and delivered at
the Contract terms and prices; and/or
(ii) To cancel the remainder and pay to the Service
provider an agreed amount for partially completed
Services and for materials and parts previously
procured by the Service Provider.
3. Obligations of the Service Provider
3.1 General 3.1.1 The Service Provider shall perform the Services in
accordance with the Activity Schedule, and carry out its
obligations with all due diligence, efficiency, and economy,
in accordance with generally accepted professional
65
techniques and practices, and shall observe sound
management practices, and employ appropriate advanced
technology and safe methods. The Service Provider shall
always act, in respect of any matter relating to this Contract
or to the Services, as faithful adviser to the Employer, and
shall at all times support and safeguard the Employer’s
legitimate interests in any dealings with Subcontractors or
third parties.
3.1.2 The Delivery of the Goods shall be in accordance with the
Delivery and Completion Schedule specified in the Section
V, Activity Schedule. The details of shipping/railway
receipt and other documents to be furnished by the Supplier
are specified in the SCC.
3.2 Conflict of
Interests
3.2.1 Insurance to
be Taken Out by
the Service
Provider
3.2.1 Unless otherwise specified in the SCC, the Goods transported
under the Contract shall be fully insured, in a freely
convertible currency against loss or damage incidental to
manufacture or acquisition, transportation, storage, and
delivery, in the manner specified in the SCC
3.2 Service
Provider’s
Actions
Requiring
Employer’s Prior
Approval
The Service Provider shall obtain the Employer’s prior approval in
writing before taking any of the following actions:
(a) entering into a subcontract for the performance of any part
of the Services,
(b) changing the Program of activities; and
(c) any other action that may be specified in the SCC.
3.3 Liquidated
Damages
3.3.1 Payments of
Liquidated
Damages
The Service Provider shall pay liquidated damages to the Employer
at the rate per day stated in the SCC for each day that the
Completion Date is later than the Intended Completion Date. The
total amount of liquidated damages shall not exceed the amount
defined in the SCC. The Employer may deduct liquidated
damages from payments due to the Service Provider. Payment of
liquidated damages shall not affect the Service Provider’s
liabilities.
3.3.2 Correction
for Over-
payment
If the Intended Completion Date is extended after liquidated
damages have been paid, the Employer shall correct any
overpayment of liquidated damages by the Service Provider by
adjusting the next payment certificate. The Service Provider shall
66
be paid interest on the overpayment, calculated from the date of
payment to the date of repayment, at the rates specified in Sub-
Clause 6.5.
3.4 Performance
Security
3.8.1 The Service Provider shall, within seven (7) days of the
receipt of notification of Contract award, provide a
Performance Security for the due performance of the
Contract in the amounts and currencies specified in the
SCC.
3.8.2 The proceeds of the Performance Security shall be payable to the
Employer as compensation for any loss resulting from the
Service Provider’s failure to complete its obligations under the
Contract.
3.8.3 The Performance Security shall be denominated in the
currency of the Contract, or in a freely convertible currency
acceptable to the Employer, and shall be in one of the forms
stipulated by the Employer in the SCC, or in another form
acceptable to the Employer.
3.8.4 The Performance Security shall be discharged by the
Employer and returned to the Service Provider not later than
thirty (30) days following the date of completion of the
Service Provider’s performance obligations under the
Contract..
3.5 Corrupt and
Fraudulent
Practices
3.9.1 The GoN/DP requires compliance with its policy in regard to
corrupt and fraudulent/prohibited practices as set forth in
Attachment 1 to the GCC
4. Obligations of the Employer
4.1 Make avail the
Goods to the
Service
Provider
4.1.1 The Emloyer shall be responsible to avail the Goods to the service
provider within 7 days of the contract signing date. In case of
unavailability of Goods to the service provider, the Employer is
liable to extend the delivery period by the delay days
4.2 Assistance and
Exemptions
4.2.1 The Employer shall use its best efforts to ensure that the
Government shall provide the Service Provider such assistance
and exemptions as specified in the SCC.
4.3 Services and
Facilities
4.3.1 The Employer shall make available to the Service Provider the
Services and Facilities listed under Appendix F.
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5. Payments to the Service Provider
5.1 Contract Price 5.1.1 The Contract Price shall not be exceeded and shall be fixed
including all other costs incurred by the Service Provider in
carrying out the Services described in Appendix A.
5.1.2 Prices charged by the Service Provider for the Services
delivered under the Contract shall not vary from the prices
quoted by the Service Provider in its bid.
5.2 Terms and
Conditions of
Payment
5.2.1 Payments will be made to the Service Provider according to the
payment schedule stated in the SCC. Unless otherwise stated
in the SCC, the advance payment shall be made against the
provision by the Service Provider of a bank guarantee for the
same amount, and shall be valid for the period stated in the
SCC. Any other payment shall be made after the conditions
listed in the SCC for such payment have been met, and the
Service Provider have submitted an invoice to the Employer
specifying the amount due.
5.3 Interest on
Delayed
Payments
5.3.1 If the Employer has delayed payments beyond fifteen (15) days
after the due date stated in the SCC, interest shall be paid to the
Service Provider for each day of delay at the rate stated in the
SCC.
6. Quality Control
6.1 Modalities of
Inspection of the
Services
6.1.1 The principle and modalities of Inspection of the Services by
the Employer shall be as indicated in the SCC. The
Employer shall check the Service Provider’s performance and
notify him of any Defects that are found. Such checking shall
not affect the Service Provider’s responsibilities. The
Employer may instruct the Service Provider to search for a
Defect and to uncover and test any service that the Employer
considers may have a Defect.
7. Settlement of Disputes
7.1 Amicable
Settlement
7.1.1 The Parties shall use their best efforts to settle amicably all
disputes arising out of or in connection with this Contract or its
interpretation.
7.2 Dispute
Settlement
7.2.1 The Employer and the Service Provider shall make every effort
to resolve amicably by direct informal negotiation any
disagreement or dispute arising between them under or in
connection with the Contract.
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8.2.2 Any dispute between the parties as to matters arising pursuant
to this contract which cannot be settled amicably within thirty
(30) days after receipt by one party of the other party's request
for such amicable settlement may be referred to Arbitration
within 30 days after the expiration of amicable settlement
period.
69
General Conditions
Government of Nepal’s Policy- Corrupt and Fraudulent Practices
It is the GoN’s policy to require its implementing agencies, as well as consultants under GoN (or
DP) financed contracts, to observe the highest standard of ethics during the selection and execution
of such contracts. In pursuance of this policy, the GoN:
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, 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.
(iv) “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 Clause GCC 25.2.
b. will reject a proposal for award if it determines that the consultant recommended for
award has engaged in corrupt or fraudulent activities in competing for the contract in
question;
c. will cancel the consultant’s contract if it at any time determines that corrupt or fraudulent
practices were engaged in by representatives of the consultant or the Client during the
selection process or the execution of that contract;
d. will blacklist a consultant for a stated period of time, to be awarded a contract if it at any
time determines that the consultant has engaged in corrupt or fraudulent practices in
competing for, or in executing, a contract; and
e. will have the right to require that, a provision be included requiring consultants to permit
the Client to inspect their accounts and records relating to the performance of the
contract and to have them audited by auditors appointed by the Client.
70
Section VII. Special Conditions of Contract
Number of GC
Clause
Amendments of, and Supplements to, Clauses in the General Conditions of
Contract
1.1(c) The contract name is Procurement of service of Bagging, Clearing,
Forwarding and Transportation of Urea Fertilizer
from Chattogram, Bangladesh to KSCL's
Warehouse Nepal.
1.1(e) The Employer is Krishi Samagri Company Limited, Head office,
Kuleshwor, Kathmandu, Nepal
1.1(h) The Member in Charge is ____________________
1.1(k) The Service Provider is ____________________
1.3 The language is: English
1.4 The addresses are:
Employer:
Attention: Mr. Bishnu Prasad Pokhrel
Telephone No:
Fax:
Service Provider:
Attention:
Telephone No:
Fax:
1.6 The Authorized Representatives are:
For the Employer: Mr. Bishnu Prasad Pokhrel
For the Service Provider:
2.1 The date on which this Contract shall come into effect is: The date of
confirmation of L/C opening/
from the date of signong the
contract.
2.2.2 The Starting Date for the commencement of Services is: . The date of
confirmation of L/C opening/ from the date of signong the contract.
71
2.3 The Intended Completion Date is: Fertilizer must be dispatched from KAFCO
within 20 days and must be delivered
within 70 days from the date of
signing the contract/confirmaion of
L/C.
3.1.2 Upon delivery of the Goods to the Railway, the Supplier shall notify the
Employer and send the following documents to the Purchaser Employer:
a) Service Provider's L/C beneficiries Invoice.
b) Copy of packing list indentifying the contents of each package;
c) Copy of transport documents: delivery note, railway receipt, or truck
receipt or bill of lading;
d) Certificate of origin;
e) Copy of pre-shipment Inspection Report to be issued by the
Internationally reputed Government approved Independent Surveyer
at the place of loading
f) Copy of Insurance policy/certificate
g) Certificate of Arrival at Custom dry port/ custom point at Nepal to be
issued by KSCL authority
The Purchaser shall receive the above documents before the arrival of the
Goods and, if not received, the Service provider will be responsible for any
consequent expenses.
3.2 Change in transportation mode
3.4 All cost for insurance cost in an amount equal to 115 percent of the C&F
Nepal warehouse value (for calculation purpose FOB/KAFCO is around
USD 290 plus quoted CFT cost per metric ton.) Warehouse” to “Warehouse”
on “All Risks” basis, including War Risks, SRCC, Arson and Strikes.
3.3.1 The Service Provider shall pay liquidated damages to the Employer, in case
the service provider is not able to dispatch the fertilizer within 20 days and
deliver the fertilizer within 70 days. The liquidated damages shall be as
follows:
i. For delay of 1 to 15 days – 0.5% of contract value
ii. For delay of 16 to 30 days – 1.0% of contract value
iii. For delay of 31 to 45 days – 1.5% contract value for delay of over 45
days – 5% of contract value
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3.4.1 Within seven (7) days of the receipt of notification of award from the Employer,
the successful Bidder shall furnish the Performance Security in accordance with
the GCC, using for that purpose the Performance Security Form included in
Section VIII, Contract Forms, or another form acceptable to the Employer.
i) If bid price of the bidder selected for acceptance is up to 15 (fifteen)
percent less than 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 inclusive of Value Added Tax.
4.2 The assistance and exemptions provided to the Service Provider are:
Exemption in export and import duty
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5.2 Payments shall be made according to the following schedule:
Payment to foreign Service Providers: Payment of foreign currency portion shall be made in USD in the
following manner:
i) Advance Payment: Ten (10) percent of the Contract Price shall
be paid as advance payment within twenty (20) days of signing
of the Contract through irrevocable confirmed letter of credit
opened in favor of the Service Provider in a bank in Nepal
upon submission of bank guarantee for the equivalent amount
in the form provided in the bidding documents or another form
acceptable to the Employer and upon submission of evidence
of shipment of the at least 7,500 Mt of fertilizer.
ii) Upon arrival of fertilizer in Dryport (Nepal): Eighty (80)
percent of the Contract Price shall be paid through irrevocable
confirmed letter of credit opened in favor of the Service
Provider in a bank in its country, upon arrival of fertilizer in
the custom (Dryport) of Nepal and submission of documents
specified in Clause 3.1.2 of Special Conditions of Contract.
Advance payment shall be settled proportionately in this
payment.
(iii) On Acceptance: Twenty (20) percent of the Contract Price
shall be released from irrevocable confirmed letter of credit
opened in favor of the Service Provider in a bank in its country,
within thirty (30) days upon successfull delivery of fertilizer at
(KSCL's warehouses (i.e. Biratnagar, Birgunj and Bhairahawa)
including submission of required custom related documents
(Custom Transit Declaration, Pragyapanpatra, Bi:Bi:Ni) and
goods received reports (Chalani, Malprapti) and upon
submission of store entry report issued by the Employer.
Payment to Domestic Service Providers:
Payment to Domestic Bidders shall be made in Nepalese currency
in the followinng manner at the exchange selling rate established by
the Nepal Rastra Bank on the day of payment:
i) Advance Payment: Ten (10) percent of the Contract Price shall
be paid as advance payment within twenty (20) days of signing of
the Contract through Account Section of KSCL upon submission
of bank guarantee for the equivalent amount in the form provided
in the bidding documents or another form acceptable to the
Employer and upon submission of evidence of shipment of at
least 7,500 Mt of fertilizer.
ii) Upon arrival of fertilizer in Dryport (Nepal): Eighty (80)
percent of the Contract Price shall be paid through Account
Section of KSCL, upon arrival of fertilizer in the custom
(Dryport) of Nepal and submission of documents specified in
Clause 3.1.2 of Special Conditions of Contract. Advance
payment shall be settled proportionately in this payment.
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iii) On Acceptance: Twenty (20) percent of the Contract Price shall
be released from Account Section of KSCL, within thirty (30)
days upon successfull delivery of fertilizer at (KSCL's
warehouses (i.e. Biratnagar, Birgunj and Bhairahawa) including
submission of required custom related documents (custom
transit declaration, pragyapanpatra, Bi:Bi:Ni) and fertilizer
received reports (Chalani , Malprapti) and upon submission of
store entry report issued by the Employer. However, the
Employer may deduct as necessary, in accordance with the
contract conditions.Payment to Domestic
Letter of Credit Terms
i. All bank charges, commissions at Employer's bank will be in
Employer's account. All bank charges and commissions at
Supplier's bank will be borne by the Supplier.
ii. The documentary letter of credit is subject to the Uniform
Rules and Practice for Documentary Credits, 1993 revision,
issued by the ICC, publication 600
iii. Partial shipment allowed.
iv. Shipping documents presented within 15 (fifteen) days after
the date of the bill of lading but within letter of credit validity
are acceptable.
v. All the documents in languages other than English must be
accompanied with and by the official English translation.
vi. Amendment charges will be at faulty party’s account.
Note:
Payment of local currency portion shall be made in Nepalese Rupees
within thirty (30) days of presentation of claim supported by a
certificate from the Employer declaring that the Fertilizer have been
delivered and that all other contracted Services have been performed
Payment to Nepalese Service providers shall be made in the
Nepalese currency using the selling exchange rates established by
Nepal Rastra Bank on the date of payment
Value Added Tax shall be paid by the Employer, if applicable.
As per the provision of Nepal Income Tax Act 2058 clause No. 89
Sub clause 3 (ka) 5% of the contract price shall be deducted as Tax
deduction at source (TDS) from non-resident foreign bidders and
1.5% of the contract price shall be deducted as Tax deduction at
source (TDS). from domestic bidders and resident foreign bidders.15
5.3 Payment shall be made within 15 days of receipt of the invoice
The interest rate is Not Applicable
75
7.1 The principle and modalities of inspection of the Services by the Employer
are as follows:
a) The service provider shall appoint a Internationally reputed
Government approved Independent Surveyer at the place of loading
for the inspection and test of fertilizer in terms of quality, quantity,
packaging, levelling weight and issue a Certificate of inspection.
The cost for the surver shall be borned by the Service Provider.
b) The Employer shall appoint a Surveyer to inspect the service
delivered by the Service Provider under this contract. The
inspection shall be carried out at dry port of Nepal soonest possible
not later than three days from the date of receipt of notification
from the Service Provider stating that the services are ready for
inspection.
c) The Service Provider or his representative shall be responsible for
testing and demonstrating to the Employer's Surveyer that the
service meet the Purchasr's requirements.
d) The Service Provider shall be completely responsible for the
service until accepted by the Employer and should there be any
service missing as compared to contract requirements. As soon as
the services have been found to meet all the requirements of the
contract, the Employer shall issue a certificate of completion of the
service
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Appendices
Appendix A - Terms of Reference
.
Appendix B - Services and Facilities Provided by the
Employer
77
Section VII. Contract Forms
Table of Forms
Letter of Intent … ………………………………………………………….........79
Letter of Acceptance ……………………………………………………………… 80
Agreement Form ................................................................................................................. 81
Performance Security ...........................................................................................................83
Advance Payment Security ..................................................................................................84
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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 Procurement of service of Bagging, Clearing,
Forwarding and Transportation of Urea Fertilizer from Chattogram, Bangladesh to
KSCL's Warehouse Nepal contract identification number KPN/CFT/ICB -1/077/78 to
you as your bid price . . . . . . . . .amount in figures and words in Nepalese Rupees ……………….
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]
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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
Procurement of service of Bagging, Clearing, Forwarding and Transportation of
Urea Fertilizer from Chattogram, Bangladesh to KSCL's Warehouse Nepal
contract identification number KPN/CFT/ICB -1/077/78. for the Contract price
of Nepalese Rupees [insert amount in figures and words in Nepalese Rupees], as
corrected in accordance with the Instructions to Bidders is hereby accepted in
accordance with the Instruction to Bidders.
You are hereby instructed to contract this office to sign the formal contract
agreement within 7 days. As per the Conditions of Contract, you are also
required to submit Performance Security, as specified in SCC, consisting of a
Bank Guarantee from "A" class commercial bank in the format included in
Section VII (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:
80
Agreement Form
THIS CONTRACT (hereinafter called the “Contract”) made on the [insert number]
day of [insert month], [insert year], between [insert complete name of Employer]
of [insert complete address of Employer] (hereinafter “the Employer”), of the one
part, and [insert complete name of Service Provider] of [insert complete address of
Service Provider] (hereinafter “the Service Provider”), of the other part:
[Note: In the text below text in brackets is optional; all notes should be deleted in final
text. If the Service Provider consist of more than one entity, the above should be
partially amended to read as follows: “…(hereinafter called the “Employer”) and, on
the other hand, a joint venture consisting of the following entities, each of which will
be jointly and severally liable to the Employer for all the Service Provider’s
obligations under this Contract, namely, [name of Service Provider] and [name of
Service Provider] (hereinafter called the “Service Provider”).]
WHEREAS the Employer invited Bids for certain Services, viz., Procurement of service of
Bagging, Clearing, Forwarding and Transportation of Urea Fertilizer from Chattogram, Bangladesh to
KSCL's Warehouse Nepal and has accepted a Bid by the Service Provider for rendering the
Services in the sum of [insert currency or currencies and amount of contract price in
words and figures including taxes] (hereinafter “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as
part of this Agreement, viz.:
(a) the Letter of Acceptance;
(b) the Service Provider’s Bid
(c) the Special Conditions of Contract;
(d) the General Conditions of Contract;
(e) the Terms of reference;
(f) the Priced Activity Schedule; and
2. The mutual rights and obligations of the Employer and the Service Provider
shall be as set forth in the Contract, in particular:
(a) the Service Provider shall carry out the Services in accordance with the
provisions of the Contract; and
(b) the Employer shall make payments to the Service Provider in
accordance with the provisions of the Contract.
81
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 [insert authorized signature for the Employer] (for the Employer)
Signed by [insert authorized signature for the Service Provider] (for the Service
Provider)
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Performance Security
[Insert complete name and number of
Contract]
To: [insert complete name of Employer]
WHEREAS [insert complete name of Service Provider] (hereinafter “the Service
Provider”) has received the notification of award for the execution of Procurement of
service of Bagging, Clearing, Forwarding and Transportation of Urea Fertilizer from Chattogram,
Bangladesh to KSCL's Warehouse Nepal, Contract ID Number KPN/CFT/ICB -1/077/78
(hereinafter “the Contract”).
AND WHEREAS it has been stipulated by you in the aforementioned Contract that
the Service Provider shall furnish you with a security [insert type of security]
issued by a reputable guarantor for the sum specified therein as security for
compliance with the Service Provider’s performance obligations in accordance
with the Contract.
AND WHEREAS the undersigned [insert complete name of Guarantor], legally
domiciled in [insert complete address of Guarantor], (hereinafter the
“Guarantor”), have agreed to give the Service Provider a security:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on
behalf of the Service Provider, up to a total of [insert currency or currencies and
amount of guarantee in words and figures] and we undertake to pay you, upon
your first written demand declaring the Service Provider to be in default under the
Contract, without cavil or argument, any sum or sums within the limits of [insert
currency and amount of guarantee in words and figures] as aforesaid, without
your needing to prove or to show grounds or reasons for your demand or the sum
specified therein.
This security is valid until the [insert day, month, year].
Name: [insert complete name of person signing the Security]
In the capacity of: [insert legal capacity of person signing the Security]
Signed: [insert signature of person whose name and capacity are shown above]
Duly authorized to sign the security for and on behalf of: [insert seal and
complete name of Guarantor]
Date: [insert date of signing]
83
Advance Payment Security
[Insert complete name and number of Contract]
To: [insert complete name of Employer]
In accordance with the payment provision included in the Contract, in relation to
advance payments, [insert complete name of Service Provider] (hereinafter
called “the Service Provider”) shall deposit with the Employer a security consisting
of [indicate type of security], to guarantee its proper and faithful performance of
the obligations imposed by said Clause of the Contract, in the amount of [insert
currency and amount of guarantee in words and figures].
We, the undersigned [insert complete name of Guarantor], legally domiciled in
[insert full address of Guarantor] (hereinafter “the Guarantor”), as instructed by
the Service Provider, agree unconditionally and irrevocably to guarantee as
primary obligator and not as surety merely, the payment to the Employer on its first
demand without whatsoever right of objection on our part and without its first
claim to the Service Provider, in the amount not exceeding [insert currency and
amount of guarantee in words and figures].
This security shall remain valid and in full effect from the date of the advance
payment being received by the Service Provider under the Contract until [(insert
day, month, year) Contract completion date may be a basis for this date].
Name: [insert complete name of person signing the Security]
In the capacity of: [insert legal capacity of person signing the Security]
Signed: [insert signature of person whose name and capacity are shown above]
Duly authorized to sign the security for and on behalf of: [insert seal and
complete name of Guarantor]
Date: [insert date of signing]