PPCC Training Manual 9 (1).doc

The bidder including all members of a joint venture

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pre qualified bidders can be considered. The bidder (including all members of a joint venture and subcontractors) may be disqualified if affiliated with a firm that has provided related consulting services on the project, or if the bidder is a publicly owned enterprise from the Borrower's country, lacking legal and financial autonomy. (c) Bid Security: The bidding document may require submission of a bid security. If so, the bid security must conform to the requirements of the ITB, and it must accompany the bid. If the bid security is issued as a bank guarantee, it must be consistent with the wording of the bid security form provided in the bidding document. Submission of a copy of the security or submission of a counter guarantee naming the Procuring entity's bank instead of the Procuring entity is unacceptable. Furthermore, securities for an amount smaller or for a period shorter than the one specified in the ITB are not acceptable. The security for a bid submitted by a joint venture should be in the name of all of the partners of the joint venture. (d) Completeness of Bid: Unless the bidding documents have specifically allowed partial bids-permitting bidders to quote for only selected items or for only partial quantities of a particular item-bids not offering all of the required items should ordinarily be considered non responsive. However, under works contracts, missing prices for occasional work items are considered to be included in prices for closely related items elsewhere. If any erasures, interlineations, additions, or other changes have been made, they should be 45
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initialed by the bidder. They may be acceptable if they are corrective, editorial, or explanatory. If they are not, they should be treated as deviations and should be analyzed. Missing pages in the original copy of the bid may be cause for rejection of the bid, as may contradictions in model numbers or other designations of the critical supply items. (e) Substantial Responsiveness: Major deviations to the commercial requirements and technical specifications are a basis for rejection of bids. As a general rule, major deviations are those that, if accepted, would not fulfill the purposes for which the bid is requested, or would prevent a fair comparison with bids that are properly compliant with the bidding documents. Examples of major deviations include. (i) Stipulating price adjustment when fixed price bids were called for (ii) Failing to respond to specifications by offering instead a different design or product that does not offer substantial equivalence in critical performance parameters or in other requirements (iii) Phasing of contract start-up, delivery, installation, or construction not conforming to required critical dates or progress markers (iv) Subcontracting in a substantially different amount or manner than permitted (v) Refusing to bear important responsibilities and liabilities allocated in the bidding documents, such as performance guarantees and insurance coverage (vi) Taking exception to critical provisions such as applicable law, taxes and duties, and dispute resolution procedures.
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