Pre-Qualification Forms and Other Related Documents

Pre-Qualification forms and other related documents

1. PQ Forms

2. Joint Venture Agreement forms

3. International Contract for Construction

4. General Condition of Contract

5. Security Forms

1.PQ forms.

Application for Registration

To: President of KOICA / KOICA Reg. No / -
Name of Firm: / Tax payer ID No.
Name of CEO / ID number of CEO
E-Mail / Home Page
Type of Firm / Private Firm
Corporation / Country in which
Firm is registered / Date of Incorporation
Capital Firm / Number of employee
Sales Record for past 3 years
Persons
Authorized to
Sign Bids and
Contract / Job Title / Name / Signature or Seal
Required Documents / Certificate of Taxpayer`s ID No. or Office Ownership

I, as a legally authorized representative of the Firm, duly state that all of the aboveinformation is true and correct and hereby duly apply for registration.

1. Documents to be submitted must be issued or authenticated by GovernmentAgency or authority concerned of the Applicant`s country, otherwise these documentsmust be certified by the notary public.

2. This application form must be filled out in English. When the original documents arein alanguage other than English, they must be accompanied by a duly notarizedEnglish translation.( Korean language is available if the applicant is a Korean Firm)

Date :

Name of CEO :

Name & Title of Applicant :

Signature or Seal :

Contact number & E-Mail:

General Information

Applicant Information
1. Applicant’s legal name
2. In case of JV, legalname of each partner
3. Applicant’s actual orintended country ofconstitution
4. Applicant’s actual orIntended year ofconstitution
5. Applicant’s legaladdress in country ofconstitution
6. Applicant’s authorizedrepresentative / Name:
Address:
Tel. number:
Fax number:
E-Mail:
Attached are copies of the following original documents.
1. In case of single entity, articles of incorporation or constitution of the legal entity.
2. Authorization to represent the firm or JV.
3. In case of JV, letter of intent to form JV or JV agreement.

* A different form is acceptable to KOICA only when it is substantiallyequivalent to the form established by KOICA herein

General Experience Record

Applicant`s Legal Name: ......

JV Partner Legal Name: ......

Each Applicant or member of a JV must fill in this form.

Annual Turnover Data for the Last (3) years [Construction Only]
Year / Amount Currency / Exchange rate / US$ Equivalent
Average Annual Construction

* A different form is acceptable to KOICA only when it is substantiallyequivalent to the form established by KOICA herein

General Construction Experience Record

Applicant`s Legal Name: ......

JV Partner Legal Name: ......

Each Applicant or member of a JV must fill in this form.

General Construction Experience
Starting
Month
Year / Ending
Month
Year / Years / Contract Identification and Name
Name and Address of Employer
Brief Description of the Works Executed bythe Applicant / Role of
Applicant

* A different form is acceptable to KOICA only when it is substantiallyequivalent to the form established by KOICA herein

Details of Contracts of Similar Nature and Complexity

Name of Applicant or partner of a joint venture

Use a separate sheet for each contract.

1 / Number of contract
Name of contract
Country
2 / Name of employer
3 / Employer address
4 / Nature of works and special features relevant to the contract for which the
Applicant wishes to prequalify
5 / Contract role(check one)
Sole contractor □ Management Contractor □ Subcontractor □
Partner in a joint venture □
6 / Value in specified currencies at completion, or date of award for currentcontracts,
• Total Contract Amount (name of currency)
• Sub-Contract Amount(if the role was subcontractor): (nameof currency)
• Responsible Contract Amount(if the role was partner in a joint venture): (name of currency) % (percentage of share)
7 / Equivalent value US$
8 / Date of award
9 / Date of completion
10 / Contract/subcontract duration(years and months)
Years month .
11 / Specified requirements

* A different form is acceptable to KOICA only when it is substantiallyequivalent to the form established by KOICA herein

Summary Sheet: Current Contract Commitments /

Works in Progress

Name of Applicant or partner of a joint venture:
Name of contract / Value of outstanding work
(current US$ equivalent / Estimated completiondate
1
2
3
4
5
6

* A different form is acceptable to KOICA only when it is substantiallyequivalent to the form established by KOICA herein

Personnel Capabilities

Name of Applicant

For specific positions essential to contract implementation, applicants should providethe names of at least two candidates qualified to meet the specified requirementsstated for each position. The data on their experience should be supplied inseparate sheets using one Form for each candidate.

1 / Title of position
Name of prime candidate
Name of alternate candidate
2 / Title of position
Name of prime candidate
Name of alternate candidate
3 / Title of position
Name of prime candidate
Name of alternate candidate
4 / Title of position
Name of prime candidate
Name of alternate candidate

* A different form is acceptable to KOICA only when it is substantiallyequivalent to the form established by KOICA herein

Candidate Summary

Name of Applicant
Position: / Candidate: Prime □ Alternate□
Candidate
information / Name of candidate: / Date of birth:
Professional qualifications:
Present
employment / Name of employer:
Address of employer:
Telephone: / Contact (manager/personnel officer)
Fax: / E-mail:
Job title of candidate: / Years with presentemployer
Summarize professional experience in reverse chronological order.
Indicate particular technical and managerial experience relevant to the Project.
From / To / Company/Project/Position/Relevant technical and management experience

* A different form is acceptable to KOICA only when it is substantiallyequivalent to the form established by KOICA herein

Financial Capability

Applicant`s Legal Name: ......

JV Partner Legal Name: ......

Each Applicant or member of a JV must fill in this form.

Financial Data for Previous 3 years [US$ Equivalent]
Year 1: / Year 2: / Year 3:

Information from Balance Sheet

Year 1 / Year 2 / Year 3
Total Assets
Total Liabilities
Net Worth
Current Assets
CurrentLiabilities

Information from Income Statement

Year 1 / Year 2 / Year 3
Total Revenues
Profits Before Taxes
Profits After Taxes
Attached are copies of financial statements (balance sheets including all relatednotes, and income statements) for the last three years, as indicated above,complying with the following conditions.
● All such documents reflect the financial situation of the Applicant or partnerto a JV, and not sister or parent companies.
● Historic financial statements must be audited by a certified accountant.
● Historic financial statements must be complete, including all notes to thefinancial statements.
● Historic financial statements must correspond to accounting periods alreadycompleted and audited (no statements for partial periods shall be requested oraccepted).

* A different form is acceptable to KOICA only when it is substantiallyequivalent to the form established by KOICA herein

2. Joint Venture Agreement Forms

Joint Venture Summary

Names of all partners of a joint venture
1. Lead partner
2. Partner
3. Partner
4. Partner
5. Partner
6. Partner
Annual turnover data (construction only; US$ equivalent
Partner / Form 2
page no. / Year 1 / Year 2 / Year 3 / Year 4 / Year 5
1.Lead
2. Partner
2. Partner
2. Partner
2. Partner
Totals

Joint Venture Agreement

To …………………………………………………………….

…………………………………………………………….

[Name of Address of the Employer]

The undersigned of this declaration of cooperation are by means of attached Powersof Attorney legally authorized to act with regard to[Name of the Project] and on behalf of their organizations.

They hereby declare:

1. that they will legalize a Joint Venture Agreement in case that a Contract forthe [Name of the Project] is awarded to their group;

2. that they have nominated [Name of the lead partner] asthe Sponsor Firm of the group for the purpose of this Bid;

3. that they authorized Mr./Ms. [Name of the person who isauthorized to act as the Representative on behalf of the Joint Venture] to actas the Bidder's Representative in the name and on behalf of their group.

4. that all partners of the Joint Venture shall be liable jointly and severally forthe execution of the Contract;

5. that this Joint Venture is an association constituted for the purpose of theexecution of the [Name of the Project] under this Contract;

6. that if the Employer accepts the Bid of this Joint Venture, it shall not bemodified in its composition or constitution until the completion of Contractwithout the prior consent of the Employer;

7. that each partner's share of the Work, stated as percentage of the totalcontract amount, shall be as follows:

Name of Partner / Share of the Work
(as percentage of the contract amount)
1. Lead Partner
2. Partner
3. Partner
4. Partner
Total / 100

Give names and positions of the proposed Joint Venture Representatives, as well asorganization's names and addresses:

1 / Name: / Signature:
Position: / Date:
Representative of: (Organization's Name)
2 / Name: / Signature:
Position: / Date:
Representative of: (Organization's Name)
3 / Name: / Signature:
Position: / Date:
Representative of: (Organization's Name)
4 / Name: / Signature:
Position: / Date:
Representative of: (Organization's Name)
3. INTERNATIONAL STANDARD CONTRACT FOR CONSTRUCTION

INTERNATIONAL STANDARD CONTRACT

FOR CONSTRUCTION

THIS AGREEMENT is made and entered into on mm dd, 20yy(hereinafterreferred to as the "Effective Date") by and between

The Employer

The Korea International Cooperation Agency (hereinafter referred to as the"Employer")

Address

Represented by its office:

The Contractor, an entity eligible for the Bidding, and has been announced asthe Successful Bidder of the International Competitive Bidding held on mmdd, 20yy

Name of Company(hereinafter referred to as the "Contractor")

Address

WHEREAS, the Employer wishes to provide the below-mentioned constructionworks (hereinafter referred to as the "Works") at the Site in X Country;

WHEREAS, the Contractor desires to execute such Works and to arrange othernecessary matters to the End-Users in X Country;

IT IS HEREBY AGREED based upon the principle of good faith and credit asfollows:

The both parties have concluded this Agreement identified by

Contract ID:

Contract No.: Bidding No.:

Names of the Project and Host Country:

For the execution and other arrangements of the Works

Name:

Site:

Scope of the Works: See <Attachment 1>

For the Contract Price of Words [Name of Currency] ([Symbol] Figure )

During the Contract Period from this day to mm dd, 20yy

In particular, the Construction Period from this day to mm dd, 20yy

Under the General Conditions and the Special Conditions,respectively.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to beexecuted by their duly authorized representatives as of the day and year firstwritten above.

KOICA: Korea International Cooperation Agency

Name

Title

The Contractor:

Name

Title

4. GENERAL CONDITION OF CONTRACT

GENERAL CONDITION OF CONTRACT(Draft)

1. Definitions

In this Agreement, the following terms shall have the meaning set forth below:

(a) The “Counterparty” means an individual or juridical person who hasentered into a contract for construction with Employer.

(b) The “Engineer” means the Employer's staff, supervisor or constructionmanager appointed by the Employer to carry out such duties as prescribedin Section 16 of GCC.

(c) The “Design Document” means the construction work specifications, designdrawings,calculations and construction site instructions;

(d) The “Bill of Quantities by construction types” means the sheet comprisingof items/accounts of Works and the specifications, quantity and unit ofeach item/account, and distributed to bidding participants following thebidding notice or to the successful bidder after the selection thereof.

(e) The “Price schedules” means the Bill of Quantities provided by theEmployer and subsequently filled up by bidders or the Contractor withunit price, or, in case of a contract ad libitum, a statement attachmentsubmitted by the time of report of commencement of Works.

(f) The “day” means calendar day, while the expiry date shall be extended tothe following business day in case it falls on a Saturday, Sunday or a holiday

(g) The “Site” means, where applicable, the place or places stated in the frontpage of this Agreement.

(h) The “Contract Period” means the period designated in consideration of theextendibility of the Project owing to the circumstances related with theHost Country and other reasons than the Contractor's fault, and specifiedin the front page of this Agreement.

(i) The “Construction Period” means the period of time when the Contractor isrequired to apply for the Employer's inspection of completed works inwriting after fully performing the provisions of this Agreement, andspecified in the front page of this Agreement.

(j) “Force Majeure” means storms, floods, earthquakes, war, riot, civilinsurrection, fires, epidemic, quarantine restrictions, freight embargoes, etc.which are beyond the reasonable expectation of the parties at the time ofexecution of the Agreement and currently still beyond reasonable control ofthe affected party, and could frustrate the purpose of the Agreement.

(k) Other terms, unless otherwise provided in this General Conditions ofContract (GCC), are subject to the relevant KOICA regulations andimplementing rules on procurement and contracting in respect of theForeign Grant Assistance Program, KOICA regulation on accounting andthe Instructions on the International Bidding for the Construction Works(hereinafter referred to as "KOICA Regulations", "KOICA Rules","Instructions", respectively).

2. Contract Documents

2.1 This Agreement shall consist of Contract Form, General Conditions Contract (GCC) and Special Conditions of Contract (SCC) as well as theInstructions on the International Bidding for the Construction Works made publicat bidding, and other attachments including Technical Specific,

DesignDocument, Bill of Quantities, Breakdown of the Contract Price and the Proposal;in case of conflict among the Contract Documents, the governing priority shallbe firstly special provisions then general provisions in nature.

2.2 The Employer may, in deciding SCC pursuant to Section 2.1, indicate suchmatters explicitly as deemed necessary in view of the specific nature of theconstruction works to the extent not restricting the contractual interests of theContractor improperly.

2.3 Notices between the parties shall be deemed to be effective as a part ofContract Documents under GCC.

2.4. Priority of Contract Documents

(1) The Contract Agreement (when completed)

(2) The Conditions of Contract

(3) The Drawings

(4) Any other document forming part of the Contract

The contract documents are complementary and are intended to include and imply all the items necessary for the correct and complete execution of the Works.

In the event of any ambiguities or discrepancies between the contract documentation being noted, the Contractor will be deemed to have included within his tender for the more stringent of these requirements regardless of the Engineer's adjudication.

3. Language

All the Contract Documents shall be made either in Korean or English; provided, however, that, should there be any discrepancy or difference between the Korean version and the English one, if any, the Korean version shall prevail.

4. Notice, etc.

4.1 Oral communications including notification, application, request, demand,reply, approval, instruction and so on (hereinafter referred to as the "Notice")shall become effective with the evidential supplement in writing.

4.2 The venue of the Notice shall be the address noted in the contracts, andthe change of address shall be notified immediately to the parties concerned.

4.3 The effect of the Notice shall, unless otherwise provided in the ContractDocuments, come into force upon the receipt of the parties concerned. In such acase, if the date of receipt falls on a holiday, the Notice shall become effectivethe next date.

4.4 When the party concerned is requested in writing to respond to somethingsubject to the provisions of GCC or relevant laws and regulations in the courseof performance of contracts, he/she shall review it and reply in a sinceremanner.

4.5 Any notice related with this Agreement shall be i) personally delivered, ii)transmitted by mail, iii) transmitted via the Electronic Procurement System of theEmployer, or iv) transmitted by e-mail, telex or fax with answerback orconfirmed receipt thereof, to the parties, with the addressee elected andconfirmed in writing each other.

5. Assignment of Claims

The Contractor shall not assign the claims arising out of this Agreement (i.e.,claims for Contract Price) to a third party, nor grant such claims as security forthe benefit of a third party, without prior written consent of the Employer.

6. Contract Deposit, Maintenance Security, etc.

6.1 The Contractor shall furnish to the Employer i) the Contract Deposit toensure the conclusion and performance of contract in the amount of 20 percentof the Contract Price, and ii) the Maintenance Security to ensure themaintenance and repair of the Works in the amount of five(5 )percent of theContract Price, respectively, in a manner as required by the Employer in theform and substance.

6.2 In case that the whole or part of Contract Deposit may be exemptedpursuant to the Instructions on the International Bidding for the ConstructionWorks, the Contractor may cause the Contract Deposit to be replaced by theletter of undertaking to pay the relevant Contract Deposit.

6.3 In case the Construction Period is extended pursuant to Section 28 of GCC,the Performance Security shall be modified in line with such extended contractperiod and submitted to the Employer.

6.4 The period of the Contract Deposit shall be from the Effective Date to noless than 60 days since the expiry of the Construction Period, and, in case ofMaintenance Security, from the completion date to no less than 60 days sincethe expiry of the Period of Maintenance Liability as set forth in Section 35 ofGCC.

6.5 When the Employer is requested, with respect to the Works, to pay theadvance payment (which refers to the payment in advance usually made) to theContractor, the Contractor shall submit the Advance Payment Guarantee in amanner as required by the Employer in the form and substance.

7. Disposal of Contract Deposit

7.1 When the Contractor fails to perform the obligations hereunder without anyjustifiable ground, the Employer may revert to itself the proceeds of ContractDeposit and terminate this Agreement.

7.2 In case of the contract for the construction works on a long-term basis, theprovisions of Section7.1 shall apply mutatis mutandis where the Contractor failsto execute the contract for the second phase construction.

7.3 In case that the letter of undertaking to pay the Contract Deposit issubmitted pursuant to Section 6.2 of GCC, the Contractor shall pay the relevantContract Deposit in cash without delay upon the request of the Employer to paysuch Contract Deposit on the occasion of confiscating the Contract Deposit.

7.4 In confiscating the Contract Deposit under Sections 7.1 and 7.2, suchContract Deposit shall not be set off with the unpaid amount of the thenperformed Works.

7.5 The Contract Deposit furnished by the Contractor shall be returned to theContractor without delay upon its request after this Agreement has beencompletely performed.

8. Commencement and Completion of Construction Works

8.1 The commencement date shall be effective after signing of contract

8.2 If the Contractor fails to commence the Works on the commencement datewithout its fault, the commencement date shall be the date when the Contractortakes over the construction site. In this case, the Contractor may request theextension of the Construction Period.