Financial Cooperation between Bangladesh and Germany Energy Efficiency in Grid-based Power Supply Tender Documents for Design, Supply, Installation, Testing & Commissioning of 132/33 kV Substations, on Turnkey Basis Package 3 Contract No. PGCB/KfW/BMZ.2014.67.976/2018/Package-3 Volume 1, January 2019 Employer: Power Grid Company of Bangladesh (PGCB) IEB Bhaban (4th Floor), IEB Ramna, Dhaka-1000, Bangladesh Consultant: GOPA-International Energy Consultants GmbH Justus-von-Liebig-Str. 1, 61352 Bad Homburg, Germany Phone: +49 (6172) 1791-800; Fax: +49 (6172) 944 95 20 eMail: [email protected]; www.gopa-intec.de Contents of the Tender Dossier Volume 1 Section I. Instructions to Bidders (ITB) Section II. Bid Data Sheet (BDS) Section III. Evaluation and Qualification Criteria Section IV. Bidding Forms Section V. Eligible Countries Section VI. Employer's Requirements Section VII. General Conditions of Contract (GCC) Section VIII. Special Conditions of Contract (SCC) Section IX. Contract Forms Volume 2 Scope of Works Technical Specifications Drawings forming Part of Specifications Volume 3 Schedule A: Introduction & Preamble to the Price & Technical Schedules Schedule B: Bid Prices & Schedules Schedule C: Bar Chart Program of Key Activities-Delivery & Completion Time Schedule Schedule D: Manufacturers, Places of Manufacture and Testing Schedule E: Technical Particulars and Guarantees Schedule F: Proposed Subcontractors Tender Documents for 132/33 kV Substations, Package 3, Volume 1 BGD 2740 lot 3 vol 1 sect 0 2018 12 21.docx Section I: Instructions to Bidders Section I Instructions to Bidders Tender Documents for 132/33 kV Substations, Package 3, Volume 1, Section I BGD 2740 lot 3 vol 1 sect 1 ITB 2018 11 28.docx Section I: Instructions to Bidders Table of Contents Page A. General I-1 B. Contents of Bidding Documents I-4 C. Preparation of Bids I-7 D. Submission and Opening of Bids I-14 E. Evaluation and Comparison of Bids I-18 F. Award of Contract I-23 Tender Documents for 132/33 kV Substations, Package 3, Volume 1, Section I BGD 2740 lot 3 vol 1 sect 1 ITB 2018 11 28.docx Section I: Instructions to Bidders Page I-1 A. General 1. Scope of 1.1 In connection with the Invitation for Bids indicated in the Bid Data Sheet Bid (BDS), the Employer, as indicated in the BDS, issues this Bidding Document for the procurement of plant and services as specified in Volume 1 - Section 6 (Employer’s Requirements). The name, identification, and number of lots (contracts) of the International Competitive Bidding (ICB) are provided in the BDS. 1.2 Unless otherwise stated, throughout this Bidding Document definitions and in- terpretations shall be as prescribed in Volume 1 - Section 7 (General Condi- tions of Contract). 2. Source of 2.1 The Borrower or Recipient (hereinafter called "Borrower") indicated in the Funds BDS has applied for or received financing (hereinafter called "funds") from the KfW Entwicklungsbank (hereinafter called "KfW") within the scope of German Financial Co-operation for financial assistance for the Transmission System Strengthening in Bangladesh, toward the cost of the project named in the BDS. The Borrower intends to apply a portion of the funds to eligible pay- ments under the contract(s) for which this Bidding Document is issued. 2.2 Payments by KfW will be made only at the request of the Borrower and upon approval by KfW in accordance with the terms and conditions of the financing agreement between the Borrower and KfW (hereinafter called the Loan Agreement), and will be subject in all respects to the terms and conditions of that Loan Agreement. No party other than the Borrower shall derive any rights from the Loan Agreement or have any claim to the funds. 2.3 The above Loan Agreement will cover only part of the project cost. As for the remaining portion, Government of Bangladesh (GoB) and Power Grid Com- pany of Bangladesh Ltd. (hereinafter called "Employer") allocated necessary funds towards the cost of the proposed works as indicated in the BDS 3. Corrupt 3.1 KfW’s requires that borrowers (including beneficiaries of KfW-financed activi- Practices ty), as well as bidders, suppliers, and contractors under KfW-financed con- tracts, observe the highest standard of ethics during the procurement and ex- ecution of such contracts. In pursuance of this policy, the KfW: (a) defines, for the purposes of this provision, the terms set forth below as follows: (i) "corrupt practice" means the offering, giving, receiving, or solicit- ing, directly or indirectly, anything of value to influence improper- ly the actions of another party; (ii) "fraudulent practice" means any act or omission, including a mis- representation, that knowingly or recklessly misleads, or at- tempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) "coercive practice" 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 practice" means an arrangement between two or more Tender Documents for 132/33 kV Substations, Package 3, Volume 1, Section I BGD 2740 lot 3 vol 1 sect 1 ITB 2018 11 28.docx Section I: Instructions to Bidders Page I-2 parties designed to achieve an improper purpose, including in- fluencing improperly the actions of another party; (b) will reject a proposal for award if it determines that the bidder recom- mended for award has, directly or through an agent, engaged in cor- rupt, fraudulent, collusive, or coercive practices in competing for the Contract; and (c) will sanction a firm or an individual, at any time, in accordance with KfW’s Anticorruption Policy and Integrity Principles and Guidelines (both as amended from time to time), including declaring ineligible, ei- ther indefinitely or for a stated period of time, to participate in KfW- financed or KfW-administered activities or to benefit from an KfW- financed or KfW-administered contract, financially or otherwise, if it at any time determines that the firm or individual has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive or other prohibited practices. 3.2 Furthermore, Bidders shall be aware of the provision stated in the Conditions of Contract (GCC 9.6 and 42.2.1 (c)). 4. Eligible 4.1 A Bidder may be a private entity or a government-owned entity - subject to Bidders ITB 4.5 - or any combination of such entities with the intent to enter into an agreement supported by a letter of intent or under an existing agreement in the form of a joint venture, consortium, or association (JV).In the case of a JV: (a) all partners shall be jointly and severally liable, and (b) the JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the partners 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 partners constituting the Bidder, shall have a nationality of an eligible country, in accordance with Volume 1 - Section 5 (Eligible Coun- tries). A Bidder shall be deemed to have the nationality of a country if the Bidder is a national or is constituted, incorporated, or registered and operates in conformity with the provisions of the laws of that country. This criterion shall also apply to the determination of the nationality of proposed subcon- tractors or suppliers for any part of the Contract including related services. 4.3 A Bidder shall not have a conflict of interest. All Bidders found to have a con- flict of interest shall be disqualified. A Bidder may be considered to be in a conflict of interest with one or more parties in this bidding process if, including but not limited to: (a) they have controlling shareholders 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 them in a position to have access to material in- formation about or improperly influence the bid of another Bidder, or in- fluence the decisions of the Employer regarding this bidding process; Tender Documents for 132/33 kV Substations, Package 3, Volume 1, Section I BGD 2740 lot 3 vol 1 sect 1 ITB 2018 11 28.docx Section I: Instructions to Bidders Page I-3 or (e) a Bidder participates in more than one bid in this bidding process, ei- ther individually or as a partner in a joint venture, except for alternative offers permitted under ITB Clause 13. This will result in the disqualifica- tion 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) above, this does not limit the participation of a Bidder as a subcontractor in another bid or of a firm as a subcontractor in more than one bid; or (f) a Bidder or any affiliated entity, participated as a consultant in the preparation of the design or technical specifications of the plant and services that are the subject of the bid. 4.4 A firm shall not be eligible to participate in any procurement activities under an KfW-financed or KfW-supported project while under sanction by KfW pur- suant to its Anticorruption Policy (see ITB 3), whether such sanction was di- rectly imposed by KfW, or imposed by KfW pursuant to the Agreement for Mutual Enforcement of Debarment Decisions.