Public Procurement Procedure – Bidding Documents Anura Lokugamage MA (Finance Econ) , PGD (Econ), PGD (Corporate finance) , Dip in IT (SLIDA) , Dip in IT (Thailand), HNDA , DPFM , Dip in Eng , DIPCA , MAAT, IPFDA
BIDDING DOCUMENTS Purpose To give Instructions and information to bidders on procedure. To describe works to be done To inform criteria for evaluation and qualification To define conditions of contract
SBDs must be ensured Value for Money Transparency Accountability Fairness Efficiency
BIDDING DOCUMENTS ROLE IN PUBLIC PROCUREMENT Lay down rules of the Competition How to price How to prepare and submit bids What will be the selection criteria What will be the qualification criteria Scope of the obligation Technical Specifications Bill of Quantities Delivery/Completion Time Warranty/Service Obligations Conditions of Contract Payment Terms Price Adjustments Liability Insurance Dispute Resolution
FEATURES OF STANDARD PROCUREMENT DOCUMENTS Sharing of risks between the parties of the contract; Incorporation of suitable qualification criteria; Incorporation of precise and fair evaluation criteria; Incorporation of non-discriminatory technical specification; Ensure transparency and Value for money Incorporation of a suitable dispute resolution mechanism Market oriented payment terms Fair Conditions of Contract Satisfactory award appeal/challenge Procedures
STANDARD BIDDING DOCUMENT FOR PROCUREMENT OF GOODS FORMAT Invitation for Bids (IFB) Instructions to Bidders (ITB) Bid Data Sheet Qualification and Evaluation Criteria Bidding Forms Schedule of Requirements (SOR) General Conditions of Contract (GCC) Special Conditions of Contract (SCC) Contract Forms Specifications Price schedule
Bidding Documents Invitation For Bids (IFB) Appropriate and relevant basic information required to invite the attention of prospective bidders. Details of goods / Services to be procured. Name of procuring agency. Details to procure Bidding Documents. Bid receipt & opening details. Brief eligibility criteria and qualification requirements. - Disclaimer. - Correspondence/ contact details.
Bidding Documents Instruction to Bidders (ITB) Information to help bidders to prepare bids, besides information on submission, opening, evaluation & award.
Bidding Documents Instruction to Bidders (ITB) A. General Scope, Source of funds, Eligibility. B. Contents of Bidding Documents Sections, Clarification & Amendment procedure.
Bidding Documents Instruction to Bidders (ITB) C. Preparation of Bids Language of bid Qualification Requirement Documents comprising the bid Alternative bids Bid prices & discounts Currencies of Bid Validity of Bid Bid Security Format & Signing of Bid
Bidding Documents Instruction to Bidders (ITB) D. Submission & Opening of Bids Submission, Sealing & Marking of Bids Bid Opening E. Evaluation & Comparison of Bids Confidentiality & Clarification of Bids Responsiveness of Bids Conversion to single currency Technical evaluation Commercial evaluation Domestic preference
Bidding Documents Instruction to Bidders (ITB) F. Award of Contract Award criteria Quantity variation Notification of Award Signing of contract Performance security
Bidding Documents Conditions of Contract Conditions that govern execution of the Contract. General Conditions of Contract (GCC) Standard conditions for a typical procurement. To be read in conjunction with SCC. - Special Conditions of Contract (SCC) Includes provisions that are specific to each procurement. The specific data shall supplement or amend the provisions in the GCC.
Bidding Documents Conditions of Contract A. Contract & Interpretation Definitions Contract Documents & Interpretation Notices & Governing law Settlement of Disputes B. Subject matter of Contract Scope of facilities Time for commencement & completion Contractor’s responsibilities Employer’s responsibilities
Bidding Documents Conditions of Contract C. Payment Contract Price Terms of payment Securities Taxes & Duties D. Intellectual Property Copyright Confidential information
Bidding Documents Conditions of Contract E. Execution Representatives Work program Subcontracting Specification & standards Procurement / Installation Test & Inspection Completion / Commissioning & Operational Acceptance
Bidding Documents Conditions of Contract F. Guarantees & Liabilities Completion Time Guarantee / Liquidated Damages Defect Liability Functional guarantees Patent Indemnity Limitation of Liability
Bidding Documents Conditions of Contract G. Risk Distribution Transfer of ownership Care of facilities Loss or Damage Indemnification Insurance Unforeseen conditions Change in Laws & regulations
Bidding Documents Conditions of Contract H. Change in Contract Elements Change in facilities Extension of Time for completion Suspension Termination Assignment
Bidding Documents Technical Specifications Details of Technical specification and Ancillary Documentation Drawings, Maps etc. Bid Price Schedules Forms of Bid submission Formats for Contract Agreement Other forms Data Requirement Sheets.
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