STANDARD BIDDING DOCUMENTS
UNDER THE EDCF LOAN
Supply and Installation of Information Systems
December 2011
Abbreviations
ANSI……………...... American National Standards Institute
BDS ...... Bid Data Sheet
CB………………...... Competitive Bidding
CIP………...... Carriage and Insurance Paid to
EDCF……….……...... Economic Development Cooperation Fund
EDI………...... Electronic Data Interchange
EXW……...... EX-Work
GCC ………...... General Conditions of Contract
ICC……..……………...... International Chamber of Commerce
ICT……...... Information and Communication Technology
IFB ………...... Invitation for Bids
Incoterms……..………...... International Commercial Terms
ISO………...... International Organization for Standardization
ITB ……...... Instructions to Bidders
SBD ...... Standard Bidding Document
SCC……………...... Special Conditions of Contract
UNCITRAL………...... United Nations Commission on International TRAde Law
Foreword
These Standard Bidding Documents (SBDs) have been prepared by the Export-Import Bank of Korea for procurement of information systems through Competitive Bidding (CB) in projects that are financed in whole or in part from the resources of the Economic Development Cooperation Fund (EDCF) of the Republic of Korea. They are consistent with the March 2005 revised edition of the Guidelines for Procurement under the EDCF Loan.
Their use is recommended as the documents have been developed through broad international practices and experience, and comply with the Guidelines for Procurement under the EDCF Loan. These SBDs are appropriate for single-stage procurement of Information Systems and assume that no prequalification has taken place before bidding. They provide bidding and contracting models that facilitate successful installation, integration, and operation of a range of information technology applications – from straightforward supply and maintenance of technology products, to complex development, integration and operation of mission-critical information systems.
The Project Executing Agency should note that the initial section on how to prepare the Invitation for Bids (IFB) is neither a part of the Bidding Document nor a Contract Document. The provisions in Section I, Introduction to Bidders (ITB), and Section IV, General Conditions of Contract, must be used with their text unchanged to facilitate perusal by Bidders and review by the Export-Import Bank of Korea. Any data and provisions that these sections require for a specific procurement and contract shall be included respectively in Section II, Bid Data Sheet (BDS), and Section V, Special Conditions of Contract.
Those wishing to submit comments or questions on these SBDs or to obtain additional information on procurement under projects financed by the Export-Import Bank of Korea are encouraged to contact:
Economic Development Cooperation Fund Group
The Export-Import Bank of Korea
16-1, Yeouido-dong, Yeongdeungpo-gu
Seoul, 150-996, Korea.
E-mail:
TEL: (82-2) 3779-6114
http://www.koreaexim.go.kr
Instructions to Customize the Bidding Document for a Specific Procurement
As shown in the table below, this SBD contains two types of documents: those which must be used unchanged and those that should be customized specifically for each procurement. An electronic version of this SBD is available from the Export-Import Bank of Korea project staff or can be downloaded from http://www.koreaexim.go.kr/. This version can be used to customize the Invitation for Bids and Sections II, II –A, V, VI, and VII, to meet the requirements of the specific procurement. Sections I, I-A and IV, however, must be incorporated unchanged in the Bidding Documents, and Section III should only be completed and edited to the extent indicated there.
To be customized / To be used unchangedInvitation for Bids
Section II Bid Data Sheet
(Single-Stage One-Envelope)
Section II-A Bid Data Sheet
(Single-Stage Two-Envelope)
Section V Special Conditions of Contract
Section VI Technical Requirements (including Implementation Schedule)
Section VII Sample Forms (including the Contract Agreement) / Section I Instructions to Bidders
(Single-Stage One-Envelope)
Section I-A Instructions to Bidders
(Single-Stage Two-Envelope)
Section III Eligible Countries (to be completed and edited only)
Section IV General Conditions of Contract
The specific details of the Instructions to Bidders must be included in the Bid Data Sheet only. Amendments to the General Conditions of Contract must be made through the Special Conditions of Contract. The Technical Requirements Section should not be used to modify any of the subjects covered by Sections I, I-A, III, or IV.
Clauses included in Section V, Special Conditions of Contract, are illustrative and should be modified as appropriate to reflect the specific needs of each procurement. Because such modifications prevail over the General Conditions of Contract, major changes should be avoided unless absolutely necessary. If, in the opinion of the Purchaser, the specific nature of a procurement justifies a change, the Export-Import Bank of Korea should be consulted. Major changes require the approval of the Export-Import Bank of Korea.
Some of the language presented in Section VI, Technical Requirements, as well as certain Sample Forms (so identified), are also illustrative. Appropriate modifications should be made to match the requirements of each particular procurement.
The following typographical conventions are used in this SBD:
· Standard SBD text is presented in a typeface such as used in this line (serif roman typeface).· Explanatory text and notes are presented in a typeface such as that used in this line and in the body of this Foreword (sans serif typeface).
· When parameters, options, instructions to prepare the Bidding Document, or explanatory notes appear directly within the standard text, they are enclosed with square brackets, italicized, and the key parameter bolded. For example:
“The Warranty Period is [insert: number] months from the date of the Operational Acceptance of the System.”
· When options appear within the text, they are enclosed within square brackets and separated by the slash character “/”. For example:
“The bid evaluation [specify: will / will not] take into account technical factors in addition to cost factors.”
· Otherwise, italic typeface is used to indicate guidance in selecting a word or clause which then follows in bolded italic typeface as a parameter or option, or follows enclosed in double quotation marks if suggested verbatim as “fully formulated text.”
All explanatory text (i.e., all text in sans serif typeface) must be removed from the final Bidding Document. Also, all bracketed text must be either removed, if not relevant to the specific procurement, or selected for inclusion in the final Bidding Document. Where options are presented, one must be selected and the final chosen text should be presented in standard roman typeface. Such text, if in bold italic typeface, could simply be highlighted, un-bolded, the italics switched off, and any starting and ending quotation marks removed.
Footnotes that provide guidance and instruction to the Purchaser in preparing the Bidding Document should also be removed from the final draft. However, some Sample Forms contain footnotes that provide instructions to bidders on how the form should be prepared. These should remain in the final Bidding Document.
The cover page of this SBD and, of course, the Foreword (i.e., this section) must be removed. The sample cover page following the Foreword may be filled with the appropriate details for the procurement and thus become the cover page of the actual Bidding Document.
1
BIDDING DOCUMENTS
Issued on: ______
for
Procurement of
[insert: identification of the Information System] ______
______
CB No: [insert: CB number]
Project: [insert: name of Project]
Purchaser: [insert: name of Purchaser]
1
Table of Contents
Notes on preparing the Invitation for Bids (IFB) 1
Section I. Instructions to Bidders (ITB) 5
Notes on the Instructions to Bidders (ITB) for a Single-Stage One-Envelope Bidding 5
Table of Clauses 6
Section I-A. Instructions to Bidders (ITB) 40
Notes on the Instructions to Bidders (ITB) for a Single-Stage Two-Envelope Bidding 40
Table of Clauses 41
Section II. Bid Data Sheet (BDS) 78
Table of Clauses 78
Section II-A. Bid Data Sheet (BDS) 92
Table of Clauses 92
Section III. Eligible Countries 106
Section IV. General Conditions of Contract 108
Notes on the General Conditions of Contract (GCC) 108
Table of Clauses 109
Section V. Special Conditions of Contract (SCC) 182
Notes on preparing the Special Conditions of Contract (SCC) 182
Table of Clauses 184
Section VI. Technical Requirements (including Implementation Schedule) 213
Notes on preparing the Technical Requirements 213
Notes on preparing the Implementation Schedule 215
Table of Contents: Technical Requirements 218
Section VII. Sample Forms 245
Notes to the Purchaser on preparing the Sample Forms 245
Notes to Bidders on working with the Sample Forms 248
Table of Sample Forms 251
3
Notes on Preparing the Invitation for Bids (IFB)
In accordance with the Guidelines for Procurement under the EDCF Loan (as defined in Section 2.03), the Invitation for Bids (IFB) / Specific Procurement Notice (SPN) shall be advertised in English, in at least one newspaper of general circulation (in an English language newspaper if possible) in the Borrower’s country. Notification shall be given in sufficient time to enable prospective bidders to obtain the Bidding Documents, and prepare and submit their responses.
The Invitation for Bids provides information that enables potential bidders to decide whether to participate. Apart from a summary description of the information systems, the Invitation for Bids should also indicate any important bid evaluation criteria (for example, the application of a margin of preference in bid evaluation) or qualification requirement (for example, a requirement for a minimum level of experience in similar Information Systems installations for which the Invitation for Bids is issued).
It is critical that the content of the IFB be consistent with the information contained in Section II - Bid Data Sheet (BDS). In particular, the dates, times, and place for bid submission and opening and the amount required for bid security in the IFB must be carefully checked to ensure consistency with the BDS.
Invitation for Bids (IFB)
[insert: Issuing date of the IFB][i]
[insert: Name of Country]
[insert: Name of Project]
[insert: Brief Description of the Information System]
[insert: Loan / Credit Number]
1. The [insert: Name of Borrower] has received[ii] (or where appropriate, “has apply for”) a Loan from the Export-Import Bank of Korea from the resources of the Economic Development Cooperation Fund (EDCF) of the Republic of Korea in the amount of [insert: Amount in US Dollars] toward the cost of [insert: Name of Project] and intends to apply a portion of the proceeds of this loan to payments under the contract for [insert: Name of Contract and Contract No.][iii].
2. The Project Executing Agency now invites sealed bids from eligible bidders for [insert: description of the Information System, including the key information technologies, equipment, and related services to be procured (e.g., installation, integration, training, technical support)][iv][v].
3. Bidding will be conducted through Competitive Bidding (CB) procedures specified in the Guidelines for Procurement under the EDCF Loans, and is open to all eligible bidders that meet the following minimum qualification criteria. [insert: eligibility of bidders and key qualification criteria relating to specific experience and capabilities][vi]
4. Interested eligible Bidders may obtain further information from and inspect the bidding documents at the [insert: name of Project Executing Agency] at the address given below[vii] from [insert: office hours][viii].
5. A complete set of bidding documents may be purchased by any interested Bidders on the submission of a written application to the address below and upon payment of a nonrefundable fee of [insert: amount in local currency or in a convertible currency][ix]. The method of payment will be [insert: method of payment][x]. The document will be sent by [insert: delivery procedure][xi].
6. Bids must be delivered to the address below at or before [insert: time and date]. All bids must be accompanied by a bid security of [insert: fixed amount or minimum percentage of bid price][xii]. Late bids shall be rejected. Bids will be opened in the presence of Bidders’ representatives who choose to attend at the address below[xiii] at [insert: time and date].
7. The attention of prospective Bidders is drawn to (i) the fact that they will be required to certify in their bids that all software is either covered by a valid license or was produced by the Bidder and (ii) that violations are considered fraud, which is, among other remedies, punishable by potential blacklisting from participation in future EDCF-financed procurements.
[ insert: name of office ]
[insert: name of officer]
[ insert: postal address ] and / or
[insert: street address]
[insert: telephone number, indicate country and city code]
[insert: facsimile number and/or e-mail address]
Footnotes to IFB
SECTION I. Instructions To Bidders(ITB) : Single-Stage One-Envelope Bidding 37
Section I. Instructions to Bidders (ITB)
(Single-Stage One-Envelope Bidding)
Notes on the Instructions to Bidders (ITB) for a Single-Stage One-Envelope Bidding
This section of the Bidding Document provides the information necessary for Bidders to prepare and submit responsive bids that meet the Purchaser’s requirements. The ITB describes the critical steps of bid submission, opening and evaluation, and the award of contract.
This section under the Single-Stage Bidding, two of Bidding methods are stipulated such as One-Envelope Bidding and Two-Envelope Bidding advising selective adoptions by Borrowers, in consideration of their circumstances.
The ITB is to be used unchanged. Section II, which consists of the Bid Data Sheet (BDS), is designed to include provisions that supplement or specify additional information beyond that included in the ITB. This information is specific to each procurement and must be filled in completely by the Purchaser.
Matters governing the performance of the Supplier, payments under the Contract, and the risks, rights, and obligations of the parties under the Contract during actual performance are not included in the ITB, but rather are covered in the General Conditions of Contract (Section IV) and/or the Special Conditions of Contract (Section V). Different sections of the Bidding Document should not overlap or duplicate the coverage of a particular topic, to avoid creating ambiguity and/or contradictions.
The ITB and BDS do not form part of the final Contract.
Section I. Instructions to Bidders (ITB)
(Single-Stage One-Envelope Bidding)
Table of Clauses
A. General 8
1. Scope of Bid and Bidding Process 8
2. Source of Funds 8
3. Fraud and Corruption 9
4. Eligible Bidders 11
5. Eligible Goods and Services 13
6. Qualifications of the Bidder 14