Islamic Republic of Afghanistan Standard Bidding Documents (SBD) Tender - January 2018

Transcription

1. ‫جمهوری اسالمی افغانستان‬ Islamic Republic of Afghanistan STANDARD BIDDING DOCUMENTS (SBD) TENDER Procurement of Pack-houses Equipment’s for Kabul, Wardak and Logar provinces Ministry of Agriculture, Irrigation and Livestock (MAIL) IFB-R. No.: MAIL/SDF/PHMP/NCB/G-2 Project: Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries Funded by: SAARC Development Fund (SDF) Recipient: Islamic Republic of Afghanistan Purchaser: MAIL Grant No.: SDF/Proj/Post-Harvest/201212/14 Jan, 2018
2. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries [GUIDANCE NOTES ON THE USE OF THE SBD 1. These guidance notes have been prepared by the PPU to assist Procuring Entities in the preparation, using the Standard Bidding Documents (SBD), for the procurement of Goods and related services. The Procuring Entity shall also refer to the Amended Public Procurement Law (PPL), 2008, the rules of Procedure and the Public Procurement Circulars 2. These SBD have been prepared for the use by Procuring Entities for ALL PROCUREMENT International Tender (PPL, Art.25), Open Tender (PPL, Art.22), Restricted Tender (PPL, Art.23), and Single Source Procurement (PPL, Art.24). Footnotes provide guidance when the default provision needs to be adapted in the case of National Open Tender, Restricted Tender, and Single Source Procurement. METHODS: 3. These SBD are intended as a MODEL FOR THE PROCUREMENT OF GOODS AND RELATED SERVICES when a Procuring Entity (the Purchaser) wishes to select a Bidder (a Supplier) for the supply of Goods and Related Services for which the Contract award is being determined on the basis of the lowest evaluated Bid. 4. Care should be taken to check the relevance of the provisions of the standard documents against the requirements of the specific Goods and related Services to be procured. The following directions should be observed when using the documents: (a) all the documents listed in the Table of Contents are normally required for the procurement of Goods and Related Services. However, they should be adapted as necessary to the circumstances of the particular Project; (b) the Purchaser shall prepare the BDS (Section 2), SCC (Section 7), and Sections 3 and 5 which deal with Evaluation and Qualification Criteria, and Schedule of Requirements respectively, before issuing these Bidding Documents. The Purchaser should read and/or provide the information specified in the italicized notes inside brackets. In the few instances where the Bidder is requested to provide information, the note specifies it. The footnotes and notes for the Purchaser are NOT part of the text; they should NOT be incorporated in the Bidding Documents issued to the Bidders; (c) these Bidding Documents are intended to serve on a repetitive basis. Subsequently, modifications of the model to meet specific Project or Contract needs should be provided in the BDS and the SCC ONLY, as amendments to the ITB and the GCC. (d) these SBD have been prepared to be used WHEN A PRE-QUALIFICATION PROCESS HAS NOT TAKEN PLACE before issuing the Bidding Documents. Pre-qualification is not usually necessary for the procurement of Goods, unless there is a procurement requirement of specialized nature or for custom-designed equipment. These guidance notes are intended to assist the Procuring Entity in drafting the Bidding Documents for a specific Tender Process; ALL COMMENTS INTO BRACKETS MUST BE DELETED WHEN ISSUING THE BIDDING DOCUMENTS.] 2
3. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries Post- Harvest Management and Value Addition of Fruits in Production catchments in SAARC Countries Ministry of Agriculture, Irrigation and Livestock (MAIL), Jamal Meena, Karte Sakhi, Kabul, Afghanistan. BIDDING DOCUMENTS FOR Procurement of Pack-houses Equipment’s for Kabul, Wardak and Logar provinces INVITATION FOR BID NO.: MAIL/SDF/PHM/NCB/G-2 ISSUED ON: 21 JAN, 2018 BUDGET REF.: SDF/Proj/Post-Harvest/ 3 201212/14
4. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries TABLE OF CONTENTS SECTION 1 INSTRUCTIONS TO BIDDERS (ITB) SECTION 2 BIDDING DATA SHEET (BDS) SECTION 3 EVALUATION AND QUALIFICATION CRITERIA SECTION 4 BIDDING FORMS SECTION 5 SCHEDULE OF REQUIREMENTS SECTION 6 GENERAL CONDITIONS OF CONTRACT (GCC) SECTION 7 SPECIAL CONDITIONS OF CONTRACT (SCC) SECTION 8 CONTRACT FORMS INVITATION FOR BIDS (IFB) 4
5. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries ACRONYMS BDS BRT GCC GoA ITB JV MOF NOT NOT/G PPU SCC SBD SK TIN TS 5 Bidding Data Sheet Business Receipt Tax General Conditions of Contract Government of Afghanistan Instruction to Bidders Joint Venture Ministry of Finance National Open Tender National Open Tender for the procurement of Goods Procurement Policy Unit Special Conditions of Contract Standard Bidding Documents Sukok Tax Tax Identification Number Technical Specifications
6. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries PART I BIDDING PROCEDURES SECTION 1 INSTRUCTION TO BIDDERS (ITB) SECTION 2 BIDDING DATA SHEET (BDS) SECTION 3 EVALUATION AND QUALIFICATION CRITERIA SECTION 4 BIDDING FORMS 6
7. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries SECTION 1 INSTRUCTION TO BIDDERS A. 1. 2. 3. Scope of the Bid Source of Funds Fraud and Corruption GENERAL 1.1 The Purchaser, as indicated in the Bidding Data Sheet (BDS), issues these Bidding Documents for the supply of Goods, and Related Services incidental thereto, as specified in Section 5 Schedule of Requirements. The name and identification number of this Tender are specified in the BDS. The name, identification, and number of lots are provided in the BDS. 1.2 Throughout these Bidding Documents: (a) the term “IN WRITING” means communicated in written form (e.g. by email, fax, telex) with proof of receipt; (b) if the context so requires, “SINGULAR” means “PLURAL” and vice versa; and (c) “DAY” means calendar day. 2.1 The Purchaser guarantees that adequate public funds have been budgeted and allotted and are also available for managing the procurement proceedings toward the cost of the project. The Purchaser intends to apply a portion of the public funds to eligible payments under the contract for which this Bidding Documents are issued. 2.2 The Purchaser guarantees that the adequate public funds are available. For the purpose of this provision, “PUBLIC FUNDS” defines any monetary resources appropriated to procuring entities under Government budget, or revenues generated by statutory bodies and corporations or aid grants and credits put at the disposal of procuring entities by the development partners through the Government. 3.1 It is the Government’s policy to require that Purchasers, as well as Bidders, Suppliers, and Contractors and their subcontractors under Government-financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts1. In pursuance of this policy, the Government: (a) Defines, for the purpose of this provision, the terms set forth as follows: “CORRUPT PRACTICE” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party2; 1 (i) “FRAUDULENT PRACTICE” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party3 to obtain a financial or other benefit or to avoid an obligation; (ii) “COLLUSIVE PRACTICE” is an arrangement between two or more parties4 In this context, any action taken by a Bidder, Supplier, Contractor, or a sub-Contractor to influence the procurement process or contract execution for undue advantage is improper. 2 “ANOTHER PARTY” refers to a public official acting in relation to the procurement process or contract execution. In this context, “PUBLIC OFFICIAL” includes Government staff and employees of other organizations taking or reviewing procurement decisions. 3 A “PARTY” refers to a public official; the terms “BENEFIT” and “OBLIGATION” relate to the procurement process or contract execution; and the “ACT OR OMISSION” is intended to influence the procurement process contract execution. 7
8. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries designed to achieve an improper purpose, including to influence improperly the actions of another party; (iii) “COERCIVE PRACTICE” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party5 or the property of the party to influence improperly the actions of a party; (iv) “OBSTRUCTIVE PRACTICE” is  Deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Government 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  Acts intended to materially impede the exercise of the Government’s inspection and audit rights provided for under sub-clause 3.1(e) below. (b) 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 in competing for the contract in question; (c) Will sanction and prosecute any procurement official if it finds out that at any time that representative of the procuring entity engaged in corrupt, fraudulent, collusive ,coercive or obstructive practices during the procurement or the execution of the contract, without the procuring entity having taken timely and appropriate action satisfactory to the Government to address such practices when they occur; (d) ;will sanction a firm or individual, including declaring ineligible, either indefinitely or for a stated period of time, to be awarded a GoA financed contract if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or in executing, a GoA financed contract; and (e) will have the right to require that a provision be included in bidding documents and in contracts financed by the GoA, requiring Bidders, suppliers, and contractors and their sub-contractors to permit the Government to inspect their accounts and records and other documents relating to the Bid submission and contract performance and to have them audited by auditors appointed by the Government. 4. 4 Eligible Bidders 4.1 A Bidder, and all parties constituting the Bidder, may have the nationality of any country, subject to the restrictions specified in BDS. A Bidder shall be deemed to have the nationality of a country if the Bidder is a citizen or is constituted, incorporated, or registered and operates in conformity with the provisions of the laws of that country. This criterion shall also apply to the determination of the nationality of proposed subcontractors or suppliers for any part of the Contract including Related Services. “PARTIES” refers to participants in the procurement process (including officials) attempting to establish Bid prices at artificial, non competitive levels. 5 a “PARTY” refers to a participant in the procurement process or contract execution. 8
9. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries 4.2 A Bidder shall not have a conflict of interest. All Bidders found to have conflict of interest shall be disqualified. Bidders may be considered to have a conflict of interest with one or more parties in this bidding process, if they: (a) are or have been affiliated in the past, with a firm or any of its affiliates which have been engaged by the Purchaser to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods to be purchased under these Bidding Documents; or (b) submit more than one Bid in this bidding process, except for alternative offers permitted under ITB Clause 13. However, this does not limit the participation of subcontractors in more than one Bid. 5. 9 Eligible Goods and Related Services 4.3 A Bidder that is under a declaration of ineligibility by the GoA in accordance with ITB Clause 3, at the date of contract award, shall not be eligible to be awarded a contract. The list of debarred firms is available at the electronic address specified in the BDS. 4.4 Government owned enterprises shall be eligible only if they can establish that they do not have conflict of interest. 4.5 Bidders shall provide such evidence of their continued eligibility satisfactory to the Purchaser, as the Purchaser shall reasonably request. 5.1 All the Goods and Related Services to be supplied under the Contract may have their origin in any country in accordance with specifications made in BDS. 5.2 For purposes of this Clause, the term “GOODS” includes commodities, raw material, machinery, equipment, and industrial plants; and “RELATED SERVICES” includes services such as insurance, installation, training, and initial maintenance. 5.3 The term “ORIGIN” means the country where the goods have been mined, grown, cultivated, produced, manufactured or processed; or, through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its components.
10. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries B. 6. Sections of Bidding Documents 6.1 CONTENTS OF BIDDING DOCUMENTS The Bidding Documents consist of Parts 1, 2, and 3, which include all the Sections indicated below, and should be read in conjunction with any Addendum issued in accordance with ITB Clause 8. PART 1 Section 1 Instructions to Bidders (ITB) Section 2 Bidding Data Sheet (BDS) Section 3 Evaluation and Qualification Criteria Section 4 Bidding Forms PART 2 Section 5 PART 3 7. 10 Clarification of Bidding Documents Bidding Procedures Supply Requirements Schedule of Requirements Contract Section 6 General Conditions of Contract (GCC) Section 7 Special Conditions of Contract (SCC) Section 8 Contract Forms 6.2 The Invitation for Bids issued by the Purchaser is not part of the Bidding Documents. 6.3 The Purchaser is not responsible for the completeness of the Bidding Documents and their addendum, if they were not obtained directly from the Purchaser or though its agent as stated in the BDS. 6.4 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents. Failure to furnish all information or documentation required by the Bidding Documents may result in the rejection of the Bid. 7.1 A prospective Bidder requiring any clarification of the Bidding Documents shall contact the Purchaser in writing at the Purchaser’s address specified in the BDS. The Purchaser will respond in writing to any request for clarification, provided that such request is received at least fourteen (14) working days prior to the deadline for submission of Bids. The Purchaser shall forward copies of its response to all those who have acquired the Bidding Documents directly from it, including a description of the inquiry but without identifying its source. Should the Purchaser deem it necessary to amend the Bidding Documents as a result of a clarification, it shall do so following the procedure under ITB Clause 8 and ITB Sub-Clause 24.2. 7.2 To clarify issues and to answer questions on any matter arising in the Bidding Documents, the Purchaser may, if stated in the BDS, invite prospective Bidders to a Pre-Bidding Meeting at the place, date and time as specified in the BDS. Bidders are encouraged to attend the meeting, if it is held. 7.3 The Bidder is requested to submit any questions in writing so as to reach the
11. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries Purchaser not later than five (5) days prior to the date of the meeting. 7.4 Minutes of the pre-Bidding meeting, including the text of the questions raised and the responses given, together with any responses prepared after the meeting, will be transmitted within seven (7) days to all those who purchased the Bidding Documents. Any modification to the Bidding Documents listed in ITB Sub-Clause 6.1 that may become necessary as a result of the pre-Bidding meeting shall be made by the Purchaser exclusively through the issue of an Amendment pursuant to ITB Clause 10 and not through the minutes of the preBidding Meeting. 7.5 Non-attendance at the pre-Bidding meeting will not be a cause for disqualification of a Bidder. 8. Amendment of Bidding Documents 8.1 At any time prior to the deadline for submission of Bids, the Purchaser may amend the Bidding Documents by issuing addendum. 8.2 Any addendum issued shall be part of the Bidding Documents and shall be communicated in writing to all who have obtained the Bidding Documents directly from the Purchaser. 8.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Purchaser may, at its discretion, extend the deadline for the submission of Bids, pursuant to ITB Sub-Clause 24.2. C. 9. Cost of Bidding 10. Language of Bid 9.1 PREPARATION OF BIDS The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Purchaser shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. 10.1 The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the Purchaser, 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 into the language specified in the BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern. 11.1 The Bid shall comprise the following: (a) Bid Submission Form and the applicable Price Schedules, in accordance with ITB Clauses 12, 14, and 15; (b) Bid Security or Bid-Securing Declaration, in accordance with ITB Clause 21, if required; (c) written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB Clause 22; (d) documentary evidence in accordance with ITB Clause 16 establishing the Bidder’s eligibility to bid; (e) documentary evidence in accordance with ITB Clause 17, that the Goods and Related Services to be supplied by the Bidder are of eligible 11
12. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries origin; (f) documentary evidence in accordance with ITB Clauses 18 and 30, that the Goods and Related Services conform to the Bidding Documents; (g) documentary evidence in accordance with ITB Clause 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. Bid Submission Form and Price Schedules 12.1 The Bidder shall submit the Bid Submission Form using the form furnished in Section 4 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 12.2 The Bidder shall submit the Price Schedules for Goods and Related Services, according to their origin as appropriate, using the forms furnished in Section 4 Bidding Forms. 13. Alternative Bids 13.1 Unless otherwise specified in the BDS, alternative Bids shall not be considered. 14. Bid Prices and Discounts 14.1 The prices and discounts quoted by the Bidder in the Bid Submission Form and in the Price Schedules shall conform to the requirements specified below. 14.2 All lots and items must be listed and priced separately in the Price Schedules. 14.3 The price to be quoted in the Bid Submission Form shall be the total price of the Bid, excluding any discounts offered. 14.4 The Bidder shall quote any unconditional discounts and indicate the method for their application in the Bid Submission Form no 3. 14.5 The terms EXW, CIP6, DAF or CIF in a neighboring country and other similar terms shall be governed by the rules prescribed in the current edition of Incoterms, published by the International Chamber of Commerce, Paris, as specified in the BDS. 14.6 Prices shall be quoted as specified in each Price Schedule included in Section 4 Bidding Forms. The dis-aggregation of price components is required solely for the purpose of facilitating the comparison of Bids by the Purchaser. This shall not in any way limit the Purchaser’s right to contract on any of the terms offered. In quoting prices, the Bidder shall be free to use transportation through carriers registered in any eligible country. Similarly, the Bidder may obtain insurance services from any eligible country. Prices shall be entered in the following manner: ‫لیوت ُبی اسایَ ؽذٍ تْعو داّىلت دس خشیبى اخشای‬ ‫ هگش ایٌکَ دس صفحه‬.‫ لبثل تغییش ًوی ثبؽذ‬،‫لشاسداد‬ ‫ آفش ثب‬.‫معلىمات داوطلبی ىْسی دیگش تزکش سفتَ ثبؽذ‬ ‫لیوت لبثل تغییش غیش خْاثگْ داًغتَ ؽذٍ ّ هيبثك‬ 6 The use of CIP requires that customs clearance takes place at the place of destination. 12
13. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries َ‫ دسفْستیک‬.‫ ایي دعتْسالؼول سد هیگشدد‬33 ٍ‫هبد‬ ‫هيبثك ففسَ هؼلْهبت داّىلجی تؼذیل لین دس خشیبى‬ ‫ آفش اسایَ ؽذٍ ثب لیوت‬،‫اخشای لشاسداد هدبص ثبؽذ‬ َ‫ثبثت سد ًگشدیذٍ ثلکَ تؼذیل لین ففش دس ًظش گشفت‬ .‫هی ؽْد‬ 14.7 If so indicated in ITB Sub-Clause 1.1, Bids are being invited for individual contracts (lots) or for any combination of contracts (packages). Unless otherwise indicated in the BDS, prices quoted shall correspond to 100 % of the items specified for each lot and to 100% of the quantities specified for each item of a lot. Bidders wishing to offer any price reduction (discount) for the award of more than one Contract shall specify the applicable price reduction in accordance with ITB Sub-Clause 14.4 provided the Bids for all lots are submitted and opened at the same time ‫اداسٍ هی تْاًذ تذاسکبت‬ ‫سا ثَ ثخؼ ُب دس سّؽٌی ازکبم هبدٍ پبًضدُن لبًْى‬ ّ ‫ لیوت ُب ثشای توبم ثخؼ ُب‬.‫تذاسکبت تمغین ًوبیذ‬ ‫ دس فْست ػذم‬.‫فذ فیقذ الالم ُش ثخؼ اسایَ هیگشدد‬ ٍ‫ فمش‬2 ‫اسائَ لیوت ثشای توبم الالم ؽبهل ُش ثخؼ خض‬ ‫زکن ّ چِل ّ ُؾتن ىشصالؼول تذاسکبت لبثل‬ )1( ‫هی تْاًذ دس فْستیکَ آفش‬ ‫ داّىلت‬.‫تيجیك هیجبؽذ‬ ،‫ُبی توبم ثخؼ ُب دس ػیي صهبى ثبص گؾبئی ؽًْذ‬ ‫تخفیف هؾشّه ثشای ػمذ لشاسداد ثیؾتش اص یک ثخؼ سا‬ .‫پیؾٌِبد ًوبیٌذ‬ 15. Currencies of Bid 15.1 The Bidder shall quote in the currency of the Islamic Republic of Afghanistan the portion of the Bid price that corresponds to expenditures incurred in the currency of the Islamic Republic of Afghanistan, unless otherwise specified in the BDS. 15.2 N/A 15.2 The Bidder may express the Bid price in the currency of any country in accordance with Eligible countries specified in the BDS. If the Bidder wishes to be paid in a combination of amounts in different currencies, it may quote its price accordingly but shall use no more than three currencies in addition to the currency of the Islamic Republic of Afghanistan. 16. Documents Establishing the Eligibility of the Bidder 16.1 To establish their eligibility in accordance with ITB Clause 4, Bidders shall complete the Bid Submission Form, included in Section 4 Bidding Forms. 17. Documents Establishing the Eligibility of the Goods and Related Services 17.1 To establish the eligibility of the Goods and Related Services in accordance with ITB Clause 5, Bidders shall complete the country of origin declarations in the Price Schedule Forms, included in Section 4 Bidding Forms. 13
14. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries 18. Documents Establishing the Conformity of the Goods and Related Services 18.1 To establish the conformity of the Goods and Related Services to the Bidding Documents, the Bidder shall furnish as part of its Bid the documentary evidence that the Goods conform to the technical specifications and standards specified in Section 5 Schedule of 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 Goods and Related Services, demonstrating substantial responsiveness of the Goods and Related Services to the technical specification, and if applicable, a statement of deviations and exceptions to the provisions of the Schedule of Requirements. 18.3 The Bidder shall also furnish a list giving full particulars, including available sources and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the Goods during the period specified in the BDS following commencement of the use of the goods by the Purchaser. 18.4 Standards for workmanship, process, material, and equipment, as well as references to brand names or catalogue numbers specified by the Purchaser in the Schedule of 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 Purchaser’s satisfaction, that the substitutions ensure substantial equivalence or are superior to those specified in the Schedule of Requirements. 19. Documents Establishing the Qualifications of the Bidder 19.1 The documentary evidence of the Bidder’s qualifications to perform the contract if its Bid is accepted shall establish to the Purchaser’s satisfaction: (a) that, if required in the BDS, a Bidder that does not manufacture or produce the Goods it offers to supply shall submit the Manufacturer’s Authorization using the form included in Section 4 Bidding Forms to demonstrate that it has been duly authorized by the manufacturer or producer of the Goods to supply these Goods in the Islamic Republic of Afghanistan; (b) that, if required in the BDS, in case of a Bidder not doing business within the Islamic Republic of Afghanistan, the Bidder is or will be (if awarded the contract) represented by an Agent in the country equipped and able to carry out the Supplier’s maintenance, repair and spare partsstocking obligations prescribed in the Conditions of Contract and/or Technical Specifications; and (c) that the Bidder meets each of the qualification criterion specified in Section 3 Evaluation and Qualification Criteria. ‫) دّ یب ثیؾتش‬JV( ‫ دس فْست کَ داّىلت ؽشکت هؾتشک‬2 ‫ داّىلت هؾتشک هکلف ثَ سػبیت هْاسد صیش‬،‫ؽشکت ثبؽذ‬ :‫هی ثبؽذ‬ ‫ آفش ؽبهل هؼلْهبت اُلیت ثشای ُش یک اص ؽشکبی‬-1 14
15. ‫‪Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production‬‬ ‫‪Catchments in SAARC Countries‬‬ ‫هؾتشک ثبؽذ؛‬ ‫‪ -2‬آفش ثوٌظْس الضاهیت لبًًْی آى تْعو توبم ؽشکب‬ ‫هِش ّ اهنب ؽذٍ ثبؽذ؛‬ ‫‪ -3‬توبهی ؽشکب ثقْست هؾتشک‬ ‫هيبثك ؽشایو آى هی ثبؽٌذ؛‬ ‫هغؤل‬ ‫تيجیك‬ ‫لشاسداد‬ ‫‪ -4‬یکی اص ؽشکب هٌسیث ؽشیک افلی هؼشفی گشدیذٍ ّ‬ ‫هغؤل لجْل هغؤلیت ُب ّ پزیشػ سٌُوْد ُب ثَ‬ ‫ًوبیٌذگی اص عبیش ؽشکب هی ثبؽذ؛‬ ‫‪ -5‬اخشای لشاسداد ثؾوْل پشداخت ثب ؽشیک افلی فْست‬ ‫هیگیشد؛‬ ‫‪ً -6‬مل هْافمتٌبهَ ؽشکت هؾتشک کَ تْعو ؽشکب اهنب‬ ‫گشدیذٍ اعت‪.‬‬ ‫‪ 1993‬ثشای هيبثمت ثب زذ الل هؼیبسات اُلیت‬ ‫داّىلجبى‪ُ ،‬ش ؽشیک ثبیذ زذ الل (‪ )25‬فیقذ ّ‬ ‫ؽشیک افلی زذ الل (‪ )43‬فیقذ هؼیبس ُبی اُلیت‬ ‫سا تکویل ًوبیذ‪ .‬اسلبم اُلیت ُش ؽشیک ؽشکت‬ ‫هؾتشک ثبُن خوغ هی گشدد ّ هدوْع اسلبم اُلیت‬ ‫ؽشکب زذ الل (‪ )133‬فیقذ هؼیبس اُلیت سا تکویل‬ ‫ًوبیذ‪ .‬ػذم تکویل ؽشه ثبال هٌدش ثَ سد آفش ؽشکت‬ ‫هؾتشک هی گشدد‪ .‬تدشثَ ّ هٌبثغ لشاسدادی فشػی‬ ‫دس تکویل هؼیبس ُب تْعو داّىلت دس ًظش گشفتَ‬ ‫ًوی ؽْد‪.‬‬ ‫‪20.1 Bids shall remain valid for the period specified in the BDS after the Bid‬‬ ‫‪submission deadline date prescribed by the Purchaser. A Bid valid for a‬‬ ‫‪shorter period shall be rejected by the Purchaser as non responsive.‬‬ ‫‪20. Period of‬‬ ‫‪Validity of Bids‬‬ ‫‪In exceptional circumstances, prior to the expiration of the Bid validity period, 2391‬‬ ‫‪the Purchaser 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 Clause 21, it shall also be‬‬ ‫‪extended for a corresponding period. A Bidder may refuse the request‬‬ ‫‪without forfeiting its Bid Security. A Bidder granting the request shall not be‬‬ ‫‪required or permitted to modify its Bid, except as provided in ITB Sub-Clause‬‬ ‫‪ 20.1.‬اداسٍ هیؼبد اػتجبس آفش ُب سا دس صفحه‬ ‫معلىمات داوطلبی دسج هی ًوبیذ‪ .‬ایي هذت‬ ‫داّىلجی ُبی هلی ًوی تْاًذ کوتش اص (‪ )93‬سّص‬ ‫اص ختن هیؼبد تغلیوی آفش ُب ثبؽذ‪ .‬آفش ُبی ثب‬ ‫اػتجبس کوتش اص هیؼبد هٌذسج ایي ؽشىٌبهَ‪،‬‬ ‫خْاثگْ پٌذاؽتَ ؽذٍ‪ ،‬سد هیگشدد‪ .‬دس داّىلجی‬ ‫الوللی هیؼبد اػتجبس آفش کوتش اص ‪ 123‬سّص ثْدٍ‬ ‫تْاًذ‪.‬‬ ‫دس‬ ‫ثؼذ‬ ‫هذت‬ ‫غیش‬ ‫ثیي‬ ‫ًوی‬ ‫‪ 2392‬اداسٍ هی تْاًذ توذیذ هیؼبد اػتجبس آفش سا لجل اص‬ ‫ختن آى اص داّىلت ىْس کتجی هيبلجَ ًوبیذ‪ .‬دس فْست‬ ‫‪15‬‬
16. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries ‫ هیؼبد اػتجبس تنویي آفش‬،‫توذیذ هیؼبد اػتجبس آفش‬ ‫ داّىلت ًوی‬.‫ًیض ثشای هذت هؾبثَ توذیذ هیگشدد‬ .‫تْاًذ دس آفش توذیذ ؽذٍ خْیؼ تغییشات ّاسد ًوبیذ‬ ‫دس فْست سد دسخْاعت توذیذ هیؼبد اػتجبس آفش اص‬ .‫ تنویي آفش ّی هغتشد هی گشدد‬،‫خبًت داّىلت‬ 20.2 In the case of fixed price contracts, if the award is delayed by a period exceeding beyond the expiry of the initial Bid validity, the Contract price shall be adjusted as specified in the request for extension. Bid evaluation shall be based on the Bid Price without taking into consideration the above correction. 21. Bid Security 21.1 The Bidder shall furnish as part of its Bid, a Bid Security or a Bid-Securing Declaration, if required, as specified in the BDS. 21.2 The Bid Security shall be in the amount specified in the BDS and denominated in the currency of the Islamic Republic of Afghanistan or a freely convertible currency, and shall: (a) at the Bidder’s option, be in the form of either a letter of credit, or a bank guarantee from a banking institution.; (b) be issued by a reputable institution selected by the Bidder and located in any eligible country. If the institution issuing the bid security is located outside the Islamic Republic of Afghanistan, it shall have a correspondent financial institution located in the Islamic Republic of Afghanistan to make it enforceable; (c) be substantially in accordance with one of the forms of Bid Security included in Section 4 Bidding Forms, or other form approved by the Purchaser prior to Bid submission; (d) be payable promptly upon written demand by the Purchaser in case the conditions listed in ITB Clause 21.5 are invoked; (e) be submitted in its original form; copies will not be accepted; (f) remain valid for a period of twenty-eight (28) days beyond the validity period of the Bids, as extended, if applicable, in accordance with ITB Clause 20.2. 21.3 If a Bid Security or a Bid-Securing Declaration is required in accordance with ITB Sub-Clause 21.1, any Bid not accompanied by a substantially responsive Bid Security or Bid-Securing Declaration in accordance with ITB Sub-Clause 21.1, shall be rejected by the Purchaser as non-responsive. 21.4 The Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s furnishing of the Performance Security pursuant to ITB Clause 44. 21.5 The Bid Security may be forfeited or the Bid-Securing Declaration executed: (a) if a Bidder modifies or withdraws its Bid during the period of Bid validity specified by the Bidder on the Bid Submission Form, after the deadline for submission of bids, except as provided in ITB Sub-Clause 20.2; or 16
17. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries (b) if a Bidder refuses to accept a correction of an arithmetical error appearing on the face of the bid; (c) if a Bidder had provided bogus information about his/her eligibility; (d) if the successful Bidder fails to: (i) sign the Contract in accordance with ITB Clause 43; (ii) furnish a Performance Security in accordance with ITB Clause 44. ‫ دس زبالت ریل اظِبسًبهَ تنویي آفش اخشا ّ یب تنویي‬2191 :‫آفش هغتشد ًوی گشدد‬ ‫ دس فْست تغییش یب اًقشاف اص آفش ثؼذ اص اًمنبی‬-1 ‫هذت هؼیٌَ تغلیوی آى؛‬ ‫ دس فْست اًکبس داّىلت اص پزیشػ تقسیر اؽتجبُبت‬-2 ‫زغبثی دس خذّل لیوت ُبی اسایَ ؽذٍ دس آفش؛‬ ‫هيبثك‬ ‫لشاسداد‬ ‫ػمذ‬ ‫اص‬ ٍ‫ثشًذ‬ ‫ اختٌبة داّىلت‬-3 ‫هٌذسخبت ؽشىٌبهَ؛‬ ‫ فشاُن ًکشدى تنویي اخشاء لشاسداد هيبثك هٌذسخبت‬-4 ‫ؽشىٌبهَ تْعو داّىلت ثشًذٍ؛‬ ‫دس فْست هسشّهیت داّىلت ثَ دلیل تخيی دس‬ .‫ایي داّىلجی‬ 21.6 The Bid Security or Bid-Securing Declaration 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 or Bid-Securing Declaration shall be in the names of all future partners as named in the letter of intent mentioned in Section 4 Bidding Forms. 21.7 If a Bid security is not required in the BDS, and (a) if a Bidder withdraws its Bid during the period of Bid validity specified by the Bidder on the Letter of Bid Form, except as provided in ITB 20.2, or (b) if the successful Bidder fails to sign the Contract in accordance with ITB 43; or furnish a performance security in accordance with ITB 44; the GoA may, if provided for in the BDS, declare the Bidder disqualified to be awarded a contract by the Purchaser for a period of time as stated in the BDS. 22. Format and Signing of Bid 22.1 The Bidder shall prepare one original of the documents comprising the Bid as described in ITB Clause 11 and clearly mark it “ORIGINAL”. In addition, the Bidder shall submit copies of the Bid, in the number specified in the BDS and clearly mark them “COPY”. In the event of any discrepancy between the original and the copies, the original shall prevail. 22.2 The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder. 22.3 Any interlineations, erasures, or overwriting shall be valid only if they are signed 17
18. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries or initialed by the person signing the Bid. D. 23. Submission, Sealing and Marking of Bids SUBMISSION AND OPENING OF BIDS 23.1 Bidders may always submit their Bids by mail or by hand. When so specified in the BDS, Bidders shall have the option of submitting their Bids electronically. (a) Bidders submitting Bids by mail or by hand, shall enclose the original and each copy of the Bid, including alternative Bids, if permitted in accordance with ITB Clause 13, in separate sealed envelopes, duly marking the envelopes as “ORIGINAL” 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 sub-Clauses 23.2 and 23.3. (b) Bidders submitting Bids electronically shall follow the electronic Bid submission procedures specified in the BDS. 23.2 The inner and outer envelopes shall: (a) Bear the name and address of the Bidder; (b) be addressed to the Purchaser in accordance with ITB Sub-Clause 24.1; (c) bear the specific identification of this bidding process indicated in ITB 1.1 and any additional identification marks as specified in the BDS; and (d) bear a warning not to open before the time and date for Bid opening, in accordance with ITB Sub-Clause 27.1. 23.3 If all envelopes are not sealed and marked as required, the Purchaser will assume no responsibility for the misplacement or premature opening of the Bid. 24. Deadline for Submission of Bids 24.1 Bids must be received by the Purchaser at the address and no later than the date and time specified in the BDS. 24.2 The Purchaser may, at its discretion, extend the deadline for the submission of Bids by amending the Bidding Documents in accordance with ITB Clause 8, in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended. 25. Late Bids 25.1 The Purchaser shall not consider any Bid that arrives after the deadline for submission of Bids, in accordance with ITB Clause 24. Any Bid received by the Purchaser after the deadline for submission of Bids shall be declared late, rejected, and returned unopened to the Bidder. 26. Withdrawal, Substitution, and Modification of Bids 26.1 A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a written notice in accordance with ITB Clause 23, duly signed by an authorized representative, and shall include a copy of the authorization (the power of Attorney) in accordance with ITB Sub-Clause 22.2, (except that no copies of the withdrawal notice are required). The corresponding substitution or modification of the Bid must accompany the respective written notice. All notices must be: (a) submitted in accordance with ITB Clauses 22 and 23 (except that 18
19. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries withdrawal notices do not require copies), and in addition, the respective envelopes shall be clearly marked “WITHDRAWAL,” “SUBSTITUTION,” or “MODIFICATION;” and (b) received by the Purchaser prior to the deadline prescribed for submission of Bids, in accordance with ITB Clause 24. ‫ ایي دعتْسالؼول اسعبل‬23 ّ 22 ‫دس هيبثمت ثب هْاد‬-۱ ‫ ثش ػالٍّ پبکت ُبی هشثْه ًیض ثب کلوبت‬،ٍ‫گشدیذ‬ .‫ "تؼْیل" یب "تؼذیل" ًؾبًی ؽذٍ ثبؽذ‬،"‫"اًقشاف‬ ٍ‫لجل اص ختن هیؼبد تغلیوی آفش ُب تْعو اداس‬-۲ .‫دسیبفت ؽذٍ ثبؽذ‬ 26.2 Bids requested to be withdrawn in accordance with ITB Sub-Clause 26.1 shall be returned unopened to the Bidders. ‫دس فْست اًقشاف اص آفش‬ ‫ آفش ّی ثذّى ثبص ؽذى دّ ثبسٍ هغتشد‬،‫تْعو داّىلت‬ .‫هیگشدد‬ 26.3 No Bid may be withdrawn, substituted, or modified in the interval between the 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 thereof. ‫ تؼْیل ّ تؼذیل آفش ُب‬،‫دس فبفلَ ُشگًَْ اًقشاف‬ ‫صهبًی هیبى مشة االخل تغلیوی آفش ُب ّ ختن هیؼبد‬ ‫ىْسی کَ دس فْسهَ تغلیوی آفش تزکش‬ ‫اػتجبس آفش‬ َ‫سفتَ ثؾوْل هیؼبد توذیذ ؽذٍ اػتجبس آفش فْست گشفت‬ .‫ًوی تْاًذ‬ 27. Bid Opening 27.1 The Purchaser shall conduct the Bid opening in public at the address, date and time specified in the BDS. Any specific electronic Bid opening procedures required if electronic bidding is permitted in accordance with ITB Sub-Clause 23.1, shall be as specified in the BDS. ،‫اداسٍ آفش ُبی دسیبفت ؽذٍ سا دس هسنش ػبم دس هسل‬ ،َ‫تبسیخ ّ صهبى کَ در صفحه معلىمات داوطلبی تزکش سفت‬ ،‫ دس فْست اسعبل آفش ُب ثقْست الکتشًّیکی‬.‫ثبص هی ًوبیذ‬ ‫سّػ خبؿ آفش گؾبیی هشثْه دس صفحه معلىمات داوطلبی دسج‬ .‫گشدد‬ 27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the corresponding Bid shall not be opened, but returned to the Bidder. If the withdrawal envelope does not contain a copy of the “power of Attorney” confirming the signature as a person duly authorized to sign on behalf of the Bidder, the corresponding Bid will be opened. No Bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at Bid opening. Next, envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged with the corresponding Bid being substituted, and the substituted Bid shall not be opened, but returned to the Bidder. No Bid substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution and is read out at Bid opening. Envelopes marked “MODIFICATION” shall be opened and read out with the corresponding Bid. No 19
20. Bid documents (Goods) for Post- Harvest Management and Value Addition of Fruits in Production Catchments in SAARC Countries Bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at Bid opening. Only envelopes that are opened and read out at Bid opening shall be considered further. 27.3 All other envelopes shall be opened one at a time, reading out: the name of the Bidder and whether there is a modification; the Bid Prices, including any discounts and alternative offers; the presence of a Bid Security or Bid-Securing Declaration, if required; and any other details as the Purchaser may consider appropriate. Only discounts and alternative offers read out at Bid opening shall be considered for evaluation. No Bid shall be rejected at Bid opening except for late Bids, in accordance with ITB Sub-Clause 25.1. 27.4 The Purchaser 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, substitution, or modification; the Bid Price, per lot if applicable, including any discounts, and alternative offers if they were permitted; and the presence or absence of a Bid Security or Bid-Securing Declaration, if one was required. The Bidders’ representatives who are present shall be requested to sign the attendance sheet. A copy of the record shall be distributed to all Bidders who submitted Bids in time, and posted online when electronic bidding is permitted. ٍ‫ فْسم ُبی هؼیبسی آفش گؾبیی فبدس‬،‫ُیئت آفش گؾبیی‬ ،‫اداسٍ تذاسکبت هلی سا دس خلغَ هزکْس خبًَ پشی‬ ‫اهنبء ّ ثوٌظْس هقئًْیت ّ ػذم تغییش دس هٌذسخبت‬ .‫آًِب ثب دلت چغپ ؽفبف (اعکبؽتیپ) هی ًوبیذ‬ E. 28. Confidentiality EVALUATION AND COMPARISON OF BIDS 28.1 Information relating to the examination, evaluation, comparison, and postqualification 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. 28.2 Any effort by a Bidder to influence the Purchaser 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 Sub-Clause 28.2, from the time of Bid opening to the time of Contract Award, if any Bidder wishes to contact the Purchaser on any matter related to the bidding process, it should do so in writing. - 29 ٍ‫هبد‬ ‫اسصیبثی‬ ‫اثتذایی‬ ‫اداسٍ اسصیبثی اثتذایی سا خِت تؾخیـ هکول ثْدى‬ 29.1 :‫آفش ُب ثب دس ًظش داؽت هْاسد ریل ساٍ اًذاصی هی ًوبیذ‬ ‫ آفش ثَ ؽکل دسعت آى هيبثك ؽشىٌبهَ هشثْه تغلین‬-1 ‫دادٍ ؽذٍ اعت؛‬ ّ ٍ‫ تنویي آفش ثَ ؽکل ّ هجلغ دسعت تسْیل گشدیذ‬-2 ‫ثشای هذت هٌذسج صفحه معلىمات داوطلبی لبثل اػتجبس‬ ‫اعت؛‬ ‫ؽشایو‬ 20 ‫ثب‬ ‫هغبیشت‬ ‫یب‬ ٍ‫ػوذ‬ ‫اًسشافبت‬ ‫ثذّى‬ ‫ آفش‬-3