Bid Document
Bid Document
Bid Document
DING DOCUMENT
FOR
Office Building
ONSTRUCTION WORKS
AADABHAR, BARA
Contract ID : PNP/2077-78/11
ADMINISTRATION SECTION
ATIONAL PARK AADABHAR, PARSA MARCH, 2021
Abbreviations
BD............................................................. Bidding Document
BDF ............................................................. Bidding Forms
BDS ............................................................. Bid Data Sheet
BOQ ............................................................. Bill of Quantities
COF .............................................................. Contract Forms
DP ............................................................. Development Partners
DoLIDAR ........................................................... Department of Local Infrastructure Development and Agricultural
Roads
ELI ............................................................ Eligibility
EEC ............................................................. Evaluation and Eligibility Criteria
GCC ............................................................ General Conditions of Contract
GoN ............................................................. Government of Nepal
ICC .............................................................. .International Chamber of Commerce
IFB .............................................................. Invitation for Bids
ITB .............................................................. .Instructions to Bidders
JV .............................................................. Joint Venture
NCB ............................................................. National Competitive Bidding
PAN ............................................................ Permanent Account Number
PPA ............................................................. Public Procurement Act
PPMO .......................................................... Public Procurement Monitoring Office
PPR ............................................................. Public Procurement Regulations
SBD ............................................................. Standard Bidding Document
SCC ............................................................. Special Conditions of Contract
TS.............................................................. Technical Specifications
VAT ............................................................ Value Added Tax
WRQ ........................................................... Works Requirements
Table of Contents
Invitation forBids 1
Part -IBidding Procedures
Section - I Instructions to Bidders 4
Section - II Bid Data Sheet 21
Section - III Evaluation and Eligibility Criteria 25
Section - IV Bidding Forms 27
Part - II Requirements 37
Section - V Works Requirements 38
Section - VI Bill of Quantities 43
Part - III Conditions of Contract and Contract Forms 49
Section - VII General Conditions of Contract 53
Section - VIII Special Conditions of Contract. 80
Section - IX Contract Forms 84
2. Source of Funds 2.1 GoN Funded: In accordance with its annual program and budget, approved by the GoN, the
implementing agency indicated in the BDS plans to apply a portion of the allocated budget to elig
payments under the contract(s) for which this Bidding
Document is issued. Or
Public Entities' own Resource Funded: In accordance with its annual program and budget, approve
by the public entity, the implementing agency indicated in the BDS plans to apply a portion of the
allocated budget to eligible payments under the
contract(s) for which this Bidding Document is issued. Or
DP Funded: The GoN has applied for or received financing (hereinafter called
-fundsll) from the Development Partner (hereinafter called -the DPll) indicated in the BDS towar
the cost of the project named in the BDS. The GoN intends to apply a portion of the funds to eligib
payments under the contract(s) for which this
Bidding Document is issued.
2.2 DP Funded: Payment by the DP will be made only at the request of the GoN and upon approva
the DP in accordance with the terms and conditions of the financing agreement between the GoN
and the DP (hereinafter called the -Loan/Grant Agreementll) , and will be subject in all respect
the terms and conditions of that Loan/Grant Agreement. No party other than the GoN shall derive
rights from the
Loan Agreement or have any claim to the funds.
3. Fraud and Corruption 3.1 Procuring Entities as well as bidders, suppliers and contractors and their subcontractors under
GoN/DP-financed contracts, 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 practicell means the offering, giving, receiving , or soliciting,
3
directly or indirectly, anything of value to influence improperly the actions of another party;
(ii) -fraudulent practicell means any act or omission, including a misrepresentation , that knowingl
recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoi
obligation;
(iii) -coercive practicell 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 practicell means an arrangement between two or more parties designed to achieve a
improper purpose, including influencing improperly the actions of another party .
v) -obstructive practicell 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 intimidat
any party to prevent it from disclosing its knowledge of matters relevant to the investigation or fro
pursuing the investigation; or (e) materially impeding GoN/DP 's contractual rights of audit or acc
to information; and
vi) -integrity violationll is any act which violates Anticorruption Policy, including (i) to (v) abov
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 ad
to the highest ethical standard.
(b) the Employer will reject a proposal for award if it determines that the Bidder recommended fo
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 th
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 executio
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
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 individua
has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices or other integrity violations; and
(e) The Contractor shall permit the GoN/DP to inspect the Contractor 's accounts and records relat
to the performance of the Contractor and to have them audited by auditors appointed by the GoN/D
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 intentionto
influence the implementationof 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 am
bidders or fixing artificial/uncompetitive bid pnce with an intention todeprive 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 o
interference of any kind in examination and evaluation of the bids during the period from the time
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 o
(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/D
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 Offic
(PPMO) and/or the DP in case of DP funded project, shall be ineligible to bid for a contract during
period of time determined by the GoN, PPMO and/or the DP.
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; shall not be eligible bidder.
3.6 Furthermore , Bidders shall be aware of the provisions of GCC (GCC 28.3 and 72.3U).
4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, or government - owned entitysubject to ITB
or any combination of them in the form of a Joint Venture (JV) under an existing agreement, or wi
the intent to constitute a legally -enforceable joint venture. In the case of a JV:
(a) all partners shall be jointly and severally liable for the execution of the Contract in
accordance with the Contract terms. Maximum number of JV shall be as specified in the BDS. Th
eligibility criteria requirement of the parties to the JV shall be as specified in Section III Evaluatio
and Eligibility Criteria, and
(b) the JV shall nominate a Representative who shall have the authority to conduct all business for
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.
4.2 A Bidder, and all parties constituting the Bidder, shall have the nationality of any country or
eligible countries mentioned in the BDS. A Bidder shall be deemed to have the nationality of a
country if the Bidder is a citizen or is constituted, or incorp orated, and operates in conformity wit
the provisions of the laws of that country. This criterion shall also apply to the determination of th
nationality of proposed sub-Contractors or suppliers for any part of the Contract including related
services.
4.3 A Bidder shall not have a conflict of interest. A Bidder found to have a conflict of interest shal
disqualified . if any of, including but not limited to, the following apply:
(a) they have controlling partners in common; or
(b) they receive or have received any direct or indirect subsidy from any of them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through common third parties, that puts the
in a position to have access to information about or improperly influence on the Bid of another
Bidder , or influence the decisions of the Employer regarding this bidding process; or
(e) a Bidder participates in more than one bid in this bidding process either individually or
a partner in a joint venture. This will result in the disqualification of all Bids in which it is
involved . However, subject to any finding of a conflict of interest in terms of ITB 4.3 (a)-(d) abov
this does not limit the participation of the same subcontractor in more than one bid; or
(f) a Bidder or any of its affiliated entity, participated as a consultant in the preparation of the des
or technical specifications of the works that are the subject of the Bid; or
(g) a Bidder was affiliated with a firm or entity that has been hired (or is proposed to be hired) by
Employer as Engineer for the Contract.
4.4 A firm that is under a declaration of ineligibility by the GoN/DP in accordance with ITB 3, at t
date of the deadline for bid submission or thereafter, shall be disqualified . A
firm shall not be eligible to participate in any procurement activities under an DPfinanced ,
-administered , or -supported project while under temporary suspension or debarment by DP pursu
to the DP's Anticorruption Policy (see ITB 3), whether such debarment was directly imposed by th
DP, or enforced by other DPs
pursuant to the Agreement for Mutual Enforcement of Debarment Decisions . A bid from a tempo
suspended or debarred firm will be rejected .
4.5 Enterprises owned by Government shall be eligible only if they can establish that they are lega
and financially autonomous and operate under commercial law, and that they are not a dependen
agency of the GoN.
4.6 Bidders shall provide such evidence of their continued eligibility satisfactory to the Employer,
the Employer shall reasonably request.
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 , Nepalprohibits any import of goods or Contract
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,Nepal prohibits commercial relations with
that country, provided that the DP is satisfied that such exclusion does not preclude effective
competition for the supply of goods or related services required ;
(c) DP Funded: a firm has been determined to be ineligible by the DP in relation to their guideline
appropriate provisions on preventing and combating fraud and corruption in projects financed by
them.
(d) If the 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 shall not be eligible to participate in procurement process t
the concerned Court has not issued the decision of clearance against the Corruption
Charges.
5. Eligible Materials, 5.1 The materials, equipment and services to be supplied under the Contract shall have their origin
Equipment and Services any source countries as defined in ITB 4.2 above and all expenditures under the Contract will be
limited to such materials, equipment , and services. At the Employer's request, Bidders may be
required to provide evidence of the origin of materials , equipment and services.
5.2 For purposes ofITB 5.1 above, -origin II means the place where the materials and equipment a
mined , grown, produced or manufactured , and from which the services are provided . Materials
and equipment are produced when , through manufacturing , processing, or substanti
or major assembling of components, a commercially recognized product results that differs
substantially in its basic
characteristics or in purpose or utility from its components.
6.2 The Invitation for Bids issued by the Employer is not part of the Bidding Document.
6.3 The Employer is not responsible for the completeness of the Bidding Document and their
Addenda, if they were not obtained directly from the source stated by the Employer in the Invitatio
for Bids.
6.4 The Bidder is expected to examine all instructions , forms, terms, and specifications in the Bid
Document and to furnish with its bid all information and documentation as 1s required by the
Bidding Documents. Failure to furnish all information or documentation required by the Biddi
Document may result in the rejection of the bid .
7. Clarification of Bidding 7.1 A prospective Bidder requiring any clarification of the Bidding Document shall
Document, contact the Employer in writing at the Employer's address indicated in theBDS or
Site Visit, Pre-Bid raise any question or curiosity during the pre-bid meeting if provided for in accordance wit
Meeting ITB 7.4. The Employer will respond in writing to any request
for clarification, provided that such request is received within the period as mentioned in IT
7.5. The Employer shall forward copies of its response to all Bidders who have acquired the Biddi
Document in accordance with ITB 6.3, including description of the inquiry but without identifying
source. Should the Employer deem it necessary to amend the Bidding Document as a result of a
request for clarification, it shall do so following the procedure under ITB 8 and ITB 17.2
7.2 The Bidder is advised to visit and examine the Site of Works and its surroundings and obtain f
itself, on its own risk and responsibility , all information that may be necessary for preparing the
and entering into a Contract for construction of the Works. The costs of visiting the Site shall be a
Bidder's own expense.
7.3 The Bidder and any of its personnel or agents will be granted permission by the Employer to e
upon its premises and lands for the purpose of such visit, but only upon the express condition that
Bidder, its personnel, and agents will release and indemnify the Employer and its personnel and
agents from and against all liability in respect thereof, and will be responsible for death or persona
injury, loss of or damage
8
to property , and any other loss, damage, costs, and expenses incurred as a result of the inspection.
7.4 The Bidder's designated representative is invited to attend a pre -bid meeting, if provided for in the BDS
The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raise
that stage. 7.5 The Bidder is requested , as far as possible, to submit any questions in writing, to reach the
Employer as mentioned in BDS.
7.5 The Bidder is requested , to submit any questions in writing, to reach the Empl oyer as mentioned in BD
7.6 Minutes of the pre-bid meeting, including the text of the questions raised, without identifying the source,
the responses given, together with any responses prepared after the meeting, will be transmitted promptly to
Bidders who have acquired the Bidding Document in accordance with ITB 6.3. Any modification to the Bidd
Document that may become necessary as a result of the pre-bid meeting shall be made by the Employer
exclusively through the issue of an addendum pursuant to ITB 8 and not through the minutes of the pre-bid
meeting.
7.7 Nonattendance at the pre-bid meeting will not be a cause for disqualification of a Bidder.
8. Amendment of Bidding 8.1 At any time prior to the deadline for submission of bids , the Employer may amend the Bidding Docume
Document issuing agenda.
8.2 Any addendum issued shall be part of the Bidding Document and shall be communicated in writ
to all who have obtained the Bidding Document from the Employer in accordance with ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing the
bids, the Employer may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB 19.
C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Employ
shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding
process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder and t
Employer, shall be written in the language specified in the BDS. Supporting documents and printed literatu
that are part of the Bid may be in another language provided they are accompanied by an accurate translation
the relevant passages in the language specified in the BDS, in which case, for purposes of interpretation of
Bid, such translation shall govern.
I
accordance with ITB 17.2;
(e) documentary evidence ofestablishing the Bidder's eligibility;
(f) Bids submitted by a Joint Venture shall include a copy of the Joint Venture Agreement entered
by all partners. Alternatively, a Letter of Intent to execute a Joint Venture Agreement in the event
successful Bid shall be signed by all partners and submitted with the Bid, together with a copy of t
proposed agreement. The Joint Venture agreement, or letter of intent to enter into a Joint Venture
including a draft agreement shall indicate at least the parts of the Works to be executed by the
respective partners; and
(h) any other required documents, which is not against the provision of Procurement
Act/Regulation/Directives and Standard Bidding Document issued by PPMO as specified in the BO
11.2 The Bidder is solely responsible for the authenticity of the submitted documents .
12. Letter of Bid and 12.1 The Letter of Bid, Schedules, and all documents listed under ITB 11, shall be prepared using
Schedules relevant forms in Section IV (Bidding Forms) and in Section VI (Bill of Quantities).The forms mu
be completed without any alterations to the text, and no substitutes shall be accepted. All blank sp
shall be filled in with the information requested.
13. Bid Prices and 13.1 The prices and discounts quoted by the Bidder in the Letterof Bid and in the Schedules shall
Discounts conform to the requirements specified below .
13.2 The Bidder shall submit a bid for the whole of the works described in ITB 1.1 by filling
prices for all items of the Works, as identified in Section VI (Bill of Quantities). In case of Unit Rate
Contracts, the Bidder shall fill in rates and prices for all items of the Works described in the Bill o
Quantities . Items against which no rate or price is entered by the Bidder will not be paid for by th
Employer when executed and shall be deemed covered by the rates for other items and prices in th
Bill of Quantities.
13.3 The price to be quoted in the Letter of Bid shall be the total price of the Bid, excluding any
discounts offered. Absence of the total price in the Letter of Bid or the Bid Price in the Bill of
Quantities shall result in rejection of the Bid.
13.4 The Bidder shall quote any discounts and the methodology for their application in the Letter o
Bid, in accordance with ITB 12.1.
13.5 If so indicated in ITB 1.1, bids are invited for individual Contracts or for any combination of
Contracts (packages) . Bidders wishing to offer any price reduction for the award of more than one
Contract shall specify in their bid the price reductions applicable to each package, or alternatively
individual Contracts within the package. Price reductions or discounts shall be submitted in
accordance with ITB 13.4, provided the bids for all Contracts are submitted and opened at the sam
time.
13.6 Unless otherwise provided in the BDS and the Conditions of Contract, the prices quoted by
Bidder shall be fixed. If the prices quoted by the Bidder are subject to adjustment during the
performance of the Contract in accordance with the provisions of the Conditions of Contract, the
Bidder shall furnish the indices and weightings for the price adjustment formulae in the Table of
Adjustment Data in Section IV (Bidding
Forms) and the Employer may require the Bidder to justify its proposed indices and weightings.
13.7All duties, taxes, and other levies payable by the Contractor under the
Contract, or for any other cause, as of the date 30 days prior to the deadline for submission of bids
shall be included in the rates and prices and the total bid price submitted by the Bidder.
14. Currency of Bid and 14.1 The currency of the bid and payment shall be in Nepalese Rupees.
Payment
15. Period of Validity of 15.1 Bids shall remain valid for the period specified in the BDS after the bid submission
Bids deadline date prescribed by the Employer. A bid valid for a shorter period shall be rejected by the
Employer as nonresponsi ve.
15.2 Inexceptional circumstances , prior to the expiration of the bid validity period, th
Employer may request Bidders to extend the period of validity of their Bids. The request a
the responses shall be made in writing. If a bid security is requested in accordance with IT
16, it shall also be extended 30 days beyond the deadline of the extended validity period.
Bidder may refuse the request without forfeiting its bid security. A Bidder granting the requ
shall not be required or permitted to modify its Bid and to include any additional conditions
against the provisions specified in Bid Documents.
16. Bid Security 16.1 The Bidder shall furnish as part of its bid, in original form, a bid security as specified in the B
In case of e-submission of bid , the Bidder shall upload scanned copy of Bid security letter at the ti
of electronic submission of the bid. The Bidder a ccepts that the scanned copy of the Bid security
shall, for all purposes , be equal to the original. The details of original Bid Security and the scanne
copy submitted with e-bid should be the
same otherwise the bid shall be non-responsive .
16.2 The bid security shall be, at the Bidder's option, in any of the following forms:
(a) an unconditional bank guarantee from Commercial Bank or Financial Institution eligible to is
Bank Guarantee as per prevailing Law or;
(b) a cash deposit voucher in the Employer's Account as specified in BDS.
In the case of a bank guarantee, the bid security shall be submitted either using the Bid Security Fo
included in Section IV (Bidding Forms) or in another Form acceptable to the employer. The form
must include the complete name of the Bidder. The bid security shall be valid for minimum thirty
(30) days beyond the original validity period of the bid, or beyond any period of extension if
requested under ITB 15.2.
16.3 Any bid not accompanied by an enforceable and substantially compliant bid security shall be
rejected by the Employer as nonresponsive. In case of eSubmission, if the scanned copy of an
acceptable Bid Security letter is not uploaded with the electronic Bid then Bid shall be rejected.
16.4 The bid security of unsuccessful Bidders shall be returned within three days, once the success
bidder has furnished the required performance security and signed the Contract Agreement pursua
ITB 34.land 35.1.
16.5 The bid security shall be forfeited if:
(a) a Bidder requests for withdrawal or modification of its bid, except as provided in ITB 15
(i) during the period of bid validity specified by the Bidder on the Bid, in case of electronic
submission;
(ii) from the period twenty-four hours prior to bid submission deadline up to the period of bid vali
specified by the Bidder on the Letter of Bid, in case of hard copy submission.
(b) a Bidder changes the prices or substance of the bid while providing information pursuant to cla
ITB 24.1;
(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 34.1; or
(ii) sign the Contract in accordance with ITB 35.1
(iii) accept the correction of arithmetical errors pursuant to clause 28.1;
16.6 The Bid Security of a JV shall 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 4.1.
17. Format and Signing of 17.1 The Bidder shall prepare one original of the documents comprising the bid as described in IT
Bid 11 and clearly mark it ORIGINALll. In addition, the Bidder shall submit copies of the bid in the
number specified in the BDS, and clearly mark each of them -COPY.II In the event of any
discrepancy between the original and the copies, the original shall prevail. In case of e-submission
bid, the Bidder shall submit his bid electronically in PDF or web forms files as specified in ITB
Clause 18.l(b),
17.2 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. This authorization shal
consist of a written confirmation as specified in the BDS and shall be attached to the bid. The nam
and position held by each person signing the authorization must be typed or printed below the
signature. All pages of the bid, except for un amended printed literature, shall be signed or initiale
the person signing the bid.
17.3 Any amendments such as interlineations , erasures, or overwriting shall be valid only if they a
signed or initialed by the person signing the bid.
D. Submission and Opening of Bids
18. Sealing and Marking of 18.1 Unless otherwise specified in BDS, Bidders shall submit their bids by electronic or by mail/b
Bids hand/by courier. Procedures for submission, sealing and marking are as follows:
(a) Bidders submitting bids by mail, by hand or by courier
i. Bidders shall enclose the original and each copy of the Bid. These envelopes containing the orig
and the copies shall then be enclosed in one single envelope.
ii. The inner and outer envelopes shall:
(aa) bear the name and address of the Bidder;
(bb) be addressed to the Employer as provided in BDS19. 1;
(cc)bear the specific identification of this bidding process indicated in BDS
1.1; and
(dd) bear a warning not to open before the time and date for bid opening.
iii. If all envelopes are not sealed and marked as required , the Employer will assume no responsib
for the misplacement or premature opening of the bid.
(b) Bidders submitting Bids electronically shall follow the electronic bid submission procedure
specified in BDS.
19. Deadline for 19.1 Bids must be received by the Employer at the address and no later than the date and
Submission of Bids indicated in the BDS. In case of e-submission , the standard time for e-submission is Nepa
Standard Time as set out in the server. The e-procurement system will accept the e-submissio
bid from the date of publishing of notice and
automatically not allow the e-submission of bid after the deadline for submission of
19.2 The Employer may, at its discretion , extend the deadline for the submission of bid s by
amending the Bidding Document in accordance with ITB 8, in which case all rights and obligation
the Employer and Bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended.
20. Late Bids 20.1 The Employer shall not consider any bid that arrives after the deadline for submission of bids
accordance with ITB 19. Any bid received by the Employer after the
deadline for submission of bids shall be declared late, rejected , and returned unope ned to the Bid
21. Withdrawal, 21.1 A Bidder may withdraw, or modify its bid after it has been submitted either in
and Modification of Bids hard copy or by e-submission. Procedures for withdrawal or modification o1
submitted bids are as follows:
(i) Bids submitted in hard Copy
a) Bidders may withdraw or modify its bids by sending a written notice in a sealed envelope,
duly signed by an authorized representative , and shall include a copy of the authorization in
accordance with ITB 17.2 before 24 hours prior to the last deadline of submission of bid. Th
corresponding modification of the bid must accompany the respective writtennotice. All
notices must be:
(aa) prepared and submitted in accordance with ITB 17 and ITB 18,and in addition, the respecti
envelopes shall be clearly marked
-WITHDRAWALll, -MODIFICATION ;ll and
(bb) received by the Employer twenty four hour hours pnor to the deadline prescribed
submission of bids, in accordance with ITB 19.
ii) E-submitted bids.
a) Bidder may submit modification or withdrawal prior to the deadline prescribed for submission o
bids through e-GP system by using the forms and mstruct10ns provided by the system.
21.2. Bids requested to be withdrawn in accordance with ITB 21.1 shall not be opened .
case of hard copy submission, the Bid will be returned unopened to the Bidders.
21.3 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.
21.4 In case of hard copy bid, no bid may be withdrawn if the bid has already been modifi
except in case of any modification or correction in bid document by procuring entity.
21.5 Request for withdrawal or modification must be made through the same medium of submissio
Request for withdrawal or modifications through different medium shall not be considered .
21.6 The following provisions apply for withdrawal or modification of the Bids:
(i) In case of bids submitted in hard copy no bid shall be withdrawn or modified in the interval
between 24 hours prior to the deadline for submission of bids and the expiration of the period of b
validity specified by the Bidder on the Letter of Bid or any extension thereof.
(ii) In case of e-submitted bids 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 Bid
on the Letter of Bid or any extension thereof.
21.7 Once a Bid is withdrawn , bidder will not be able to submit another bid for the same bid .
22. Bid Opening 22.1 The Employer shall open the bids in public at the address, date and time specified in
the BDS in the presence of Bidders' designated representatives who choose to attend.
22.2 The Employer 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 ope ning committee.
22.3 Electronically submitted bid shall be opened at first in the same time and date as specified ab
Electronic Bids shall be opened one by one and read out. The esubmitted bids must be readable
through open standards interfaces. Unreadable and or partially submitted bid files shall be conside
incomplete.
22.4 Thereafter, envelopes marked -WITHDRA WALll shall be opened and read out and the enve
with the corresponding bid shall not be opened, but returned to the Bidder. No bid withdrawal shal
Permitted unless the corresponding withdrawal notice contains a valid authorization to request the
withdrawal and is read out at bid opening. Next, envelopes marked -MODIFICATIONll shall b
opened and read out with the corresponding bid. No bid modification shall be permitted unless
corresponding modification notice contains a valid authorization to request the modification and i
read out at bid opening. Only envelopes that are opened and read out at bid opening shall be
considered further.
22.5 All other envelopes shall be opened one at a time, reading out: the name of the Bidder; the Bi
Price(s), including any discounts and alternative bids and indicating whether there is a modificatio
the presence of a bid security and any other details as the Employer may consider appropriate. Onl
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 20.1.
22.6 The Employer 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 Contrac
applicable, including any discounts and alternative offers; 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.
23.2 Any attempt by a Bidder to influence the Employer in the evaluation of the bids or Contrac
award decisions may result in the rejection of its bid.
23.3 Notwithstanding ITB 23.2, 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 may do so i
writing.
24. Clarification of Bids 24.1 To assist in the examination, evaluation, and comparison of the bids, the Employer may, at its
discretion, ask any Bidder for a clarification of its bid. Any clarification submitted by a Bidder tha
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 sh
be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered b
the Employer in the evaluation of the bids, in accordance with ITB 28. In case of esubmission of
upon notification from the employer, the bidder shall also submit the original of documents
comprising the bid as per ITB 11.1 for verification of submitted documents for acceptance of the e
submitted bid .
24.2 If a Bidder does not provide clarifications of its bid by the date and time set in the Employer's
request for clarification, its bid may be rejected.
25. Deviations, 25.1 During the evaluation of bids, the following definitions apply:
Reservations, and (a) -Deviationll is a departure from the requirements specified in the Bidding Document;
Omissions (b) -Reservationll is the setting of limiting conditions or withholding from complete acceptance o
requirements specified in the Bidding Document; and
(c) -Omissionll is the failure to submit part or all of the information or documentati
required in the Bidding Document.
26. Determination 26.1 The Employer 's determination of a bid 's responsiveness is to be based on the contents of the
ofResponsiveness itself, as defined in ITB 11.
26.2 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 omissi
is one that,
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or performance of the Works specified in the
Contract;
or
(ii) limit in any substantial way, inconsistent with the Bidding Document, the Employer's rights or
Bidder's obligations under the proposed Contract; or
(b) if rectified , would unfairly affect the competitive position of other Bidders presenting
substantially responsive bids.
26.3 If a bid is not substantially responsive to the requirements of the Bidding Document, it shall b
rejected by the Employer and may not subsequently be made responsive by correction of the mate
deviation, reservation, or omission.
26.4 In case of e-submission bids, the Employer evaluates the bid on the basis of the information i
the electronically submitted bid files. If the Bidder cannot substantiate or provide evidence to
establish the information provided in e-submitted bid through documents/ clarifications as per
Clause 24.1, the bid shall not be considered for further evaluation.
26.5 In Case, a corruption case is being filed to Court against the Natural Person or Board of Direc
of the firm/institution /company or any partner of JV, such Natural Person or Board of Director of
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.
27. 27.1 Provided that a bid is substantially responsive, the Employer may waive any non- conformitie
Nonconformities, Errors, the bid that do not constitute a material deviation, reservation, or
and Omissions OllllSSIOn.
27.2 Provided that a bid is substantially responsive, the Employer may request that the Bidder sub
the necessary information or documentation, within a reasonable period of time, to rectify nonmat
nonconformities in the bid related to documentation requirements . Requesting information or
documentation on such nonconformities 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.
27 .3 Provided that a bid is substantially responsive , the Employer shall rectify quantifiable
nonmaterial nonconformities related to the Bid Price. To this effect, the Bid Price shall be adjusted
for comparison purposes only, to reflect the price of a missing or nonconforming item or compon
The adjustment shall be made using the methods indicated in Section III (Evaluation and Eligibilit
Criteria).
27.4 If the monetary value of such non-conformities is found to be more than fifteen percent of the
Price of the bidder on account of minor discrepancies pursuant to ITB 27.3,
16
such bid shall be considered non responsiveand shall not be involved in evaluation.
28. Correction of 28.1 Provided that the bid is substantially responsive, the Employer shall correct arithmetical error
Arithmetical Errors the following basis:
(a) only for unit price Contracts, if there is a discrepancy between the unit price and the total price
is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total pric
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 pri
shall be corrected;
(b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subto
shall prevail and the total shall be corrected; and
(c) If there is a discrepancy between the bid price in the Summary of Bill of Quantities and the bid
amount in item (c) of the Letter of Bid, the bid price in the Summary of Bill of Quantities will pre
and the bid amount in item (c) of the Letter of Bid will be corrected.
(d) if there is a discrepancy between words and figures, the amount in words shall prevail, unless t
amount expressed in words is related to an arithmetic error, in which case the amount in figures sh
prevail subject to (a) ,(b) and (c) above.
28.2 If the Bidder that submitted the lowest evaluated bid does not accept the correction of errors,
bid shall be disqualified and its bid security shall be forfeited.
29. Evaluation of29.1 " 'he Employer shall use the criteria and methodologies listed in this Clause. No other
Bids evaluation criteria or methodologies shall be permitted.
29.2 To evaluate a bid, the Employer shall consider the following:
(a) the bid price, excluding Value Added Tax , Provisional Sums, and the provision , if any, for
contingencies in the Summary Bill of Quantities , for Unit Rate Contracts, or Schedule of Prices fo
lump sum Contracts, but including Day work items, where priced competitively;
(b) price adjustment for correction of arithmetic errors in accordance with ITB 28.1;
(c) price adjustment due to discounts offered in accordance with ITB 13.4;
(d) adjustment for nonconformities in accordance with ITB 27.3;
(e) application of all the evaluation factors indicated in Section III (Evaluation and Eligibility
Criteria);
29.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied
over the period of execution of the Contract, shall not be taken into account in bid evaluation.
29.4 If this Bidding Document allows Bidders to quote separate prices for different Contracts, and
award multiple Contracts to a single Bidder, the methodology to determine the lowest evaluated pr
of the Contract combinations, including any discounts offered in the Letter of Bid, is specified in
Section III (Evaluation and Eligibility Criteria).
29.5 if the bid for an Unit Rate Contract, which results in the lowest Evaluated
17
rs for the construction of OFFICE BUILDINGCONSTRUCTION WORKS under National Competitive Bidding procedures . T
ssion from PPMO's Web Site www.bolpatra.gov.np./egp ,. Bidders, submitting their bid electronically , should deposit the cost (30001- ( In
r, by PPMO website www.bolpatra .gov.np/egpon or before 2078/01/12 B.S (2021/04/25 A.D) 12:00 Noon. Bids received after this deadlin
PM 2078/01/12 at the office of PARSA NATIONAL PARK, Aadhabhar,. Bids must be valid for a period of 90 days after bid opening and
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 t
ta Sheet (BDS), the Employer,
rocurement of Works as
on, and number of Contracts of
er called
indicated in the BDS toward
portion of the funds to eligible
ursuance of
as defined below:
ng,
h is already declared
firm/institution/company
rd of director of blacklisted
ny of them; or
l the
Addenda issued in accordance
ities (BOQ)
neral Conditions of Contract
Bidding Document.
ing Document and their
the Employer in the Invitation
Document shall
n theBDS or
vided for in accordance with
ion of a Bidder.
ay amend the Bidding Document by
idder, in
Venture Agreement entered into
ture Agreement in the event of a
Bid, together with a copy of the
o enter into a Joint Venture
ks to be executed by the
ion of Procurement
PPMO as specified in the BOS.
tted documents .
B 11, shall be prepared using the
of Quantities).The forms must
all be accepted. All blank spaces
s.
lowing forms:
ncial Institution eligible to issue
BDS.
her using the Bid Security Form
e to the employer. The form
l be valid for minimum thirty
y period of extension if
1;
ds by electronic or by mail/by
as follows:
ng.
yer will assume no responsibility
submission of bid s by
case all rights and obligations of
itted either in
r modification o1
f the Bids:
r modified in the interval
expiration of the period of bid
thereof.
d in the interval between
validity specified by the Bidder
nd time specified in
hoose to attend.
ocurement system allows the
d opening date and time after
n, and recommendation of
not officially concerned with
all Bidders.
Bidding Document;
from complete acceptance of the
information or documentation
er Bidders presenting
No other
est Evaluated
tive Bidding procedures . The estimated amount for the works is Rs.41,73,044.68 ( I n words Fou rty one l akh Seventy th re
d deposit the cost (30001- ( In words Nrs. Three thousand only ) ) of bidding document in the Project 's Rajaswa (revenue) account as specif
ajaswa (revenue) account as specified below and the scanned copy (pdf format) of the Bank deposit voucher shall be uploaded by the bidder
n .pdf format in case of e-bid, amounting to a minimum of Nrs.1,14,000/- (In words one lakh Fourteen thousand only ) , which shall be vali
ate amount without VAT].
her shall be uploaded by the bidder at the time of electronic submission of the bids. Information to deposit the cost of bidding document in B
ousand only ) , which shall be valid for 30 days beyond the validity period of the bid .
the cost of bidding document in Bank: