forms of tender

8/12/2019 Forms of Tender

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SECTIONIII FORMSOFTENDER

Section III.

Forms of Tender, Qualication Information, etterof !cce"tance and !#reement


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The Tenderershall fill in and submit this Tender form with the Tender.

1. Form of Tender[date]

To: [name and address of Purchaser]

Having examined the Tender Documents, including addenda [insert list],we offer to execute the

[name and identification number of Contract] in accordance with the GC accompanying this Tender

for the Contract Price of [insert amount in numbers], [insert amount in words] [insert name of

currency]

The Contract shall !e paid in the following currencies:

Currency Percentage paya!le in

currency

"ate of exchange: one

foreign e#uals [insert local]

$nputs for which foreign

currency is re#uired

%a&

%!&

The advance payment re#uired is:

'mount Currency

%a&

%!&

This Tender and your written acceptance of it shall constitute a !inding Contract !etween us (eunderstand that you are not !ound to accept the lowest or any Tender you receive

(e here!y confirm that this Tender complies with the Tender validity and, if re#uired, Tender )ecurity

or Tender*)ecuring Declaration as re#uired !y the Tender Documents and specified in the +D)

(e, including any su!contractors or suppliers for any part of the Contract, have nationalities from

eligi!le countries in accordance with $TT )u!*Clause -.

(e accept the appointment of [insert name proposed in Bid Data Sheet] as the 'd/udicator

0or]

(e do not accept the appointment of [insert name proposed in Bid Data Sheet ] as the 'd/udicator,

and propose instead the [insert name]!e appointed as 'd/udicator, whose daily fees and !iographical

data are attached

(e have no conflict of interest in accordance with $TT )u!*Clause 1.

2ur firm, its affiliates or su!sidiaries3including any su!contractors or suppliers for any part of the

contract3has not !een declared ineligi!le !y )$G, or under the )$G4s country laws or official

regulations, in accordance with $TT )u!*Clauses 5 and


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Commissions or gratuities, if any, paid or to !e paid !y us to agents relating to this Tender, and to

contract execution if we are awarded the contract, are listed !elow:

6ame and address of agent 'mount and

Currency

Purpose of Commission or

gratuity

%if none, state 7none8&

'uthorised )ignature : 999999999999999999999999999999999

6ame and Title of )ignatory : 999999999999999999999999999999999

6ame of Tenderer : 999999999999999999999999999999999

'ddress : 999999999999999999999999999999999


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2. Qualication Information

[The information to be filled in by tenderersin the following pages shall be used for purposes of post

!ualification or for "erification of pre!ualification as pro"ided for in #TT Clause $. This information

shall not be incorporated in the Contract. %ttach additional pages as necessary. Pertinent sections of

attached documents should be translated into &nglish. #f used for pre!ualification "erification, theTenderer should fill in updated information only.]

1. Individual

Tenderers or

Individual

Members of

Joint Ventures

-- Constitution or legal status of Tenderer: [attach copy]

Place of registration: [insert]

Principal place of !usiness: [insert]

Power of attorney of signatory of Tender: [attach]

-1 'nnual amounts of construction wors performed during the last

[insert number pursuant to BDS sub clause '.$(a)] years [insert

amounts in the national currency e!ui"alent]

-5 6um!er [insert number pursuant to BDS sub clause '.$ (b)] of wors

of a nature and amount similar to the (ors performed as prime

Contractor over the last [insert number pursuant to BDS '.$(b)]years

[The amounts should be indicated in the same currency used for #tem

*.+ abo"e. %lso list details of wor under way or committed, including

e-pected completion date(s).]

Pro/ect name and

country

6ame of client and

contact person

Type of wor performed

and year of completion

;alue of contract

%national currencye#uivalent &

%a&

%!&

- &, or

to !e purchased %from whom>&

%a&

%!&

-? @ualifications and experience of ey personnel proposed for

administration and execution of the Contract [%ttach biographical

data. /efer also to #TT SubClause $.0 (e) and 1C .]

Position 6ame Aears of experience

%general&

Aears of experience in

proposed position

%a&

=tc


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-B Proposed su!contracts and firms involved "efer to GC

)ections of the (ors ;alue of

su!contract

)u!contractor

%name and address&

=xperience in similar wor

%a&

%!&

- inancial reports for the last five %?& years: !alance sheets, profit and

loss statements, auditors4 reports, etc [ist below and attach copies.]

-E =vidence of access to financial resources to meet the #ualification

re#uirements: cash in hand, lines of credit, etc Fist !elow and attach

copies of support documents

- 6ame, address, and telephone, telex, and facsimile num!ers of !ans

that may provide references if contacted !y the Purchaser

-- $nformation on current litigation%s& in which the Tenderer is involved

--- =vidence of payment of social security contri!utions, where

applica!le

2ther party%ies& Cause of dispute 'mount involved

%a&

%!&

--- Proposed Programme %wor method and schedule& Descriptions,

drawings, and charts, as necessary, to comply with the re#uirements of

the Tender Documents

2. Joint Ventures 1- The information listed in -- * -- a!ove shall !e provided for eachpartner of the /oint venture

11 The information in --- a!ove shall !e provided for the /oint venture

15 'ttach the power of attorney of the signatory%ies& of the Tender

authorising signature of the Tender on !ehalf of the /oint venture

1 'ttach the 'greement among all partners of the /oint venture %and

which is legally !inding on all partners&, which shows that:

%a& all partners shall !e /ointly and severally lia!le for the execution

of the Contract in accordance with the Contract terms.

%!& one of the partners shall !e nominated as !eing in charge,

authorised to incur lia!ilities, and receive instructions for and on

!ehalf of any and all partners of the /oint venture. and

%c& the execution of the entire Contract, including payment, shall !edone exclusively with the partner in charge

3. Additional

Requirements

5- Tenderers should provide any additional information re#uired in the

+D)


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3. Letter of Acceptance

0The Fetter of 'cceptance shall !e the !asis for formation of the Contract as descri!ed in $TT Clauses

5 and 5? This )tandard orm of Fetter of 'cceptance shall !e filled in and sent to the successful

Tenderer only after evaluation of tenders has !een completed

[insert date]

$dentification 6o and Title of Contract: [insert identification number and title of the Contract]

To: [insert name and address of the Contractor]

This is to notify you that your Tender dated [insert date] for execution of the [insert name of the

Contract and identification number, as gi"en in the Particular Conditions] for the Contract Price of

the e#uivalent-of [insert amount in numbers and words] [insert name of currency] , as corrected and

modified1in accordance with the $nstructions to Tenderers is here!y accepted !y us

[insert one of the following (a) or (b) options]

(a) (e accept that [insert name proposed by tenderer]!e appointed as the 'd/udicator

(b) (e do not accept that [insert name of proposed by tenderer]!e appointed as 'd/udicator and !y

sending a copy of this Fetter of 'cceptance to[insert name of the %ppointing %uthority], weare hereby re!uesting [insert name], the 'ppointing 'uthority to appoint the 'd/udicator in

accordance with $TT Clause 5-

Aou are here!y instructed to %a& proceed with the execution of the said (ors in accordance with the

Contract Documents, %!& sign and return the attached Contract Documents, and %c& forward the

performance security pursuant to $TT )u!*Clause 5?-, ie, within 1- days after receipt of this Fetter

of 'cceptance, and pursuant to the General Conditions

'uthorised )ignature:

6ame and Title of )ignatory:

6ame of Purchaser:

'ttachment: 'greement

-

Delete 2of the e!ui"alent3 if the Contract Price is e-pressed wholly in one currency.1 Delete 2corrected and3 or 2and modified3 if not applicable. See 4otes on Standard 5orm of

%greement, ne-t page.


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SECTION$II FORMSOFSEC%RIT&

Section $II. Securit' Forms

Samples of acceptable forms of Tender, Performance, and %d"ance Payment Securities are pro"ided

in this Section 6##. Tenderers shall not complete the Performance and %d"ance Payment Securityforms at this stage of the procurement process. 7nly the successful Tenderer shall be re!uired to

pro"ide these two securities.


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1. Form of Tender Security (BankGuarantee)

(Not Appliable!

[#f re!uired, the Ban/Tenderer shall fill in this Ban 1uarantee form in accordance with the

instructions indicated in bracets.]88888888888888888888888888888888

[insert ban9s name, and address of issuing branch or office]

"enefiiar#$ [insert name and address of Purchaser

%ate$ [insert date]

T&N%&R 'ARANT&& No.$ [insert number]

(e have !een informed that [insert name of the Tenderer: if a ;oint "enture, list complete legal names

of partners] %hereinafter called Ithe TendererI& has su!mitted to you its tender dated [insert date]

%hereinafter called Ithe TenderI& for the execution of [insert name of Contract]under $nvitation for

Tenders 6o [insert #5B number] %7the $+8&

urthermore, we understand that, according to your conditions, Tenders must !e supported !y a

Tender Guarantee

't the re#uest of the Tenderer, we [insert name of ban] here!y irrevoca!ly undertae to pay you any

sum or sums not exceeding in total an amount of [insert amount in figures e-pressed in the currency

of the Purchaser9s Country or the e!ui"alent amount in an international freely con"ertible currency]

%[insert amount in words]& upon receipt !y us of your first demand in writing accompanied !y a

written statement stating that the Tenderer is in !reach of its o!ligation%s& under the tender conditions,

!ecause the Tenderer:

%a& has withdrawn its Tender during the period of tender validity specified !y the

Tenderer in the orm of Tender. or

%!& does not accept the correction of errors in accordance with the $nstructions to

Tenderers %hereinafter 7the $T+8& of the $+. or

%c& having !een notified of the acceptance of its Tender !y the Purchaser during the period

of tender validity, %i& fails or refuses to execute the Contract orm, if re#uired, or %ii&

fails or refuses to furnish the Performance )ecurity, in accordance with the $T+

This Guarantee shall expire: %a& if the Tenderer is the successful tenderer, upon our receipt of copies

of the Contract signed !y the Tenderer and of the Performance )ecurity issued to you !y the Tenderer.

or %!& if the Tenderer is not the successful tenderer, upon the earlier of %i& our receipt of a copy of your

notification to the Tenderer that the Tenderer was unsuccessful, or %ii& twenty*eight days after the

expiration of the Tenderer4s Tender

Conse#uently, any demand for payment under this Guarantee must !e received !y us at the office on

or !efore that date

This Guarantee is su!/ect to the Jniform "ules for Demand Guarantees, $CC Pu!lication 6o ?E

)))))))))))))))))))))))))))))

[signature(s) of authorised representati"e(s) ]


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2. Form of Tender Security (Tender Bond)

(ot Applica!le)

[#f re!uired, the Surety/Tenderer shall fill in this Tender Bond 5orm in accordance with the

instructions indicated in bracets.]

+26D 62 [insert Bond number]

+A TH$) +26D [insert name of Tenderer: if ;oint "enture, insert complete legal names of partners]

as Principal %hereinafter called 7the Principal8&, and [insert name, legal title, and address of Surety],

aut*orised to transat business in the )olomon $slands,as )urety %hereinafter called 7the )urety8&,

are held and firmly !ound unto [insert name of contracting


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3. Tender"Securin# $eclaration

[#f re!uired, the Tenderershall fill in this form in accordance with the instructions indicated in

bracets.]

Date: [insert date]6ame of contract: [insert name]

Contract $dentification 6o: [insert number]

$nvitation for Tender 6o: [insert number]

To:))))))))))))))))))))))))))))

(e, the undersigned, declare that:

- (e understand that, according to your conditions, tenders must !e supported !y a tender*

securing declaration

1 (e accept that we shall !e suspended from !eing eligi!le for tendering in any contract withthe Purchaser for the period of time of [insert time period]starting on [insert start date], if we are in

!reach of our o!ligation%s& under the tender conditions, !ecause we:

%a& have withdrawn our Tender during the period of tender validity specified !y us

in the Tender )u!mission )heet. or

%!& do not accept the correction of errors in accordance with the $nstructions to

Tenderers %hereinafter 7the $T+8& of the Tender Documents. or

%c& having !een notified of the acceptance of our Tender !y the Purchaser during the

period of tender validity, %i& fail or refuse to execute the Contract orm, if re#uired, or

%ii& fail or refuse to furnish the performance security, in accordance with the $T+

5 (e understand this tender securing shall expire if we are not the successful tenderer, upon the

earlier of %i& our receipt of a copy of your notification to the Tenderer that the tenderer was

unsuccessful. or %ii& twenty*eight days after the expiration of our tender

(e understand that if we are a K;, the Tender )ecuring Declaration must !e in the name of the

K; that su!mits the tender $f the K; has not !een legally constituted at the time of tendering, the

Tender )ecuring Declaration shall !e in the names of all future partners as named in the letter of

intent

)igned [insert signature(s) of authorised representati"e]$n the Capacity of [insert title]

6ame [insert printed or typed name]

Duly authorised to sign the tender for and on !ehalf of [insert authorising entity]

Dated on [insert day] day of [insert month], [insert year]


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%. &erformance Ban' uarantee (nconditional)

(Not Appliable!

0The ban+,suessful Tendererproviding the Guarantee shall fill in this form in accordance with the

instructions indicated in !racets, if the Purchaser re#uires this type of security]

[insert ban9s name, and address of issuing branch or office]

"enefiiar#$ [insert name and address of Purchaser]

%ate$ [insert date]

-&R/RMAN0& 'ARANT&& No.$ [insert Performance 1uarantee number]

(e have !een informed that [insert name of Contractor]%hereinafter called Ithe ContractorI& has

entered into Contract 6o [insert reference number of the Contract] dated with you, for the execution

of [insert name of Contract and brief description of =ors]%hereinafter called Ithe ContractI&

urthermore, we understand that, according to the conditions of the Contract, a performance

guarantee is re#uired

't the re#uest of the Contractor, we [insert name of Ban]here!y irrevoca!ly undertae to pay you

any sum or sums not exceeding in total an amount of [insert amount in figures] %[insert amount in

words]),0such sum !eing paya!le in the types and proportions of currencies in which the Contract

Price is paya!le, upon receipt !y us of your first demand in writing accompanied !y a written

statement stating that the Contractor is in !reach of its o!ligation%s& under the Contract, without your

needing to prove or to show grounds for your demand or the sum specified therein

This guarantee shall expireno later than twenty*eight days from the date of issuance of the Taing*

2ver Certificate, calculated !ased on a copy of such Certificate which shall !e provided to us, or on

the 0insert numberday of [insert month], [insert year],'whichever occurs first Conse#uently, any

demand for payment under this guarantee must !e received !y us at this office on or !efore that date

This guarantee is su!/ect to the Jniform "ules for Demand Guarantees, $CC Pu!lication 6o ?E,

except that su!paragraph %ii& of )u!*article 1%a& is here!y excluded

999999999999999999999

[signature(s) of an authorised representati"e(s) of the Ban ]

5 The 1uarantor (ban) shall insert an amount representing the percentage of the Contract Price specified in the

Contract and denominated either in the currency(ies) of the Contract or a freely con"ertible currency acceptable to the

1o"ernment of the Solomon #slands. #nsert the date twentyeight days after the e-pected Completion date. The Purchaser should note that in the e"ent

of an e-tension of the time for completion of the Contract, the 1o"ernment of the Solomon #slands would need to

re!uest an e-tension of this 1uarantee from the 1uarantor. Such re!uest must be in writing and must be made prior to

the e-piration date established in the 1uarantee. #n preparing this 1uarantee, the Purchaser might consider adding the

following te-t to the form, at the end of the penultimate paragraph> 2The 1uarantor agrees to a onetime e-tension ofthis 1uarantee for a period not to e-ceed [si- months][one year], in response to the P&9s written re!uest for suche-tension, such re!uest to be presented to the 1uarantor before the e-piry of the 1uarantee.3


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*. &erformance Bond

(ot Applica!le)

[The Surety?successful Tenderer pro"iding the Bond shall fill in this form in accordance with the

instructions indicated in bracets, if the Purchaser re!uires this type of security]

+y this +ond, 0insert name and address of Contractor] as Principal %hereinafter called 7the

Contractor8& and 0insert name, legal title, and address of surety, !onding company, or insurance

company] as )urety %hereinafter called 7the )urety8&, are held and firmly !ound unto 0insert name and

address of contracting


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Purchaser

$n testimony whereof, the Contractor has hereunto set its hand and affixed its seal, and the )urety has

caused these presents to !e sealed with its corporate seal duly attested !y the signature of its legal

representative, this [insert day]day of[insert month], [insert year]

)igned !y [insert signature(s) of authorised representati"e(s) ]

on !ehalf of [name of Contractor]in the capacity of [insert title(s)]

$n the presence of [insert name and signature of witness]

Date [insert date]

)igned !y [insert signature(s) of authorised representati"e(s) of Surety]

on !ehalf of [name of Surety ]in the capacity of [insert title(s)]

$n the presence of [insert name and signature of witness]

Date [insert date]


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+. Ban' uarantee for Ad,ance &ayment

The bank/successful tendererpro"iding the 1uarantee shall fill in this form in accordance with the

instructions indicated in bracets, if an %d"ance Payment is to be pro"ided under the Contract

[insert Ban9s name, and address of issuing branch or office]

"enefiiar#$ [insert name and address of Purchaser]

%ate$ [insert date]

A%VAN0& -AM&NT 'ARANT&& No.$ [insert number]

(e have !een informed that [insert name of Contractor]%hereinafter called Ithe ContractorI& has

entered into Contract 6o [insert reference number of the contract] dated [insert date] with you, for

the execution of [insert name of contract and brief description of =ors] %hereinafter called Ithe

ContractI&

urthermore, we understand that, according to the conditions of the Contract, an advance payment is

to !e made against an advance payment guarantee in the sum or sums indicated !elow

't the re#uest of the Contractor, we [insert name of Ban]here!y irrevoca!ly undertae to pay you

any sum or sums not exceeding in total an amount of [insert amount in figures] %[insert amount in

words]@& upon receipt !y us of your first demand in writing accompanied !y a written statement

stating that the Contractor is in !reach of its o!ligation under the Contract !ecause the Contractor

used the 'dvance Payment for purposes other than the costs of mo!ilisation in respect of the (ors

$t is a condition for any claim and payment under this guarantee to !e made that the 'dvance Payment

referred to a!ove must have !een received !y the Contractor on its account num!er [insert account

number]at [insert name and address of Ban]

The maximum amount of this guarantee shall !e progressively reduced !y the amount of the 'dvance

Payment repaid !y the Contractor as indicated in copies of interim statements or payment certificates

which shall !e presented to us This guarantee shall expire, at the latest, upon our receipt of a copy of

the $nterim Payment Certificate indicating that eighty %E& percent of the Contract Price has !een

certified for payment, or on the [insert number]day of [insert month], [insert year], whichever is

earlier Conse#uently, any demand for payment

under this guarantee must !e received !y us at this office on or !efore that date

This guarantee is su!/ect to the Jniform "ules for Demand Guarantees, $CC Pu!lication 6o

?E

999999999999999999999

[insert signature(s) ) of authorised representati"e(s) of ban

The 1uarantor shall insert an amount representing the amount of the %d"ance Payment anddenominated either in the currency(ies) of the %d"ance Payment as specified in the Contract, or in a freely

con"ertible currency acceptable to the 1o"ernment of the Solomon #slands.


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