ALTERNATE ENERGY DIVISION DEPARTMENT OF ......Section VII: General Conditions of Contract (GCC) 17 supply to the Purchaser under the Contract. (k) The Project Site, where applicable,

ALTERNATE ENERGY DIVISIONDEPARTMENT OF RENEWABLE ENERGY

MINISTRY OF ECONOMIC AFFAIRSROYAL GOVERNMENT OF BHUTAN

THIMPHU: BHUTAN

TENDER NO. DRE/AED/ACO/TENDER/03/2018-19/

BIDDING DOCUMENTFOR

SUPPLY, INSTALLATION ANDCOMMISSIONING OF SOLAR WATER

HEATING SYSTEMS

August 2018

Section I. Instructions to Bidders

A. General

1 Scope of Bid andSource of Funds

1.1 The Purchaser, as indicated in the Bid Data Sheet (BDS),issues these Bidding Documents for the supply of Goodsand Related Services incidental thereto as specified inSection VI, Schedule of Supply. The name, identificationnumber, and number of lots within this procurement areprovided in the BDS

1.2 Throughout these Bidding Documents:

(a) the term “in writing” means communicated in writtenform (eg by mail, electronic mail, fax, telex) with proofof receipt;

(b) if the context so requires, “singular” means plural” andvice versa; and

(c) “day” means calendar day.

1.3 The Employer as defined in section II, Bidding Data Sheet (BDS) has received a budget from RGoB towards the costof the Goods defined in the BDS and intends to apply a partof the funds to cover eligible payments under this contract.

2 Fraud andCorruption

2.1 It is RGoB policy to require that Purchasers, Bidders,Suppliers, Contractors and their Subcontractors observe thehighest standards of ethics during the procurement andexecution of contracts.1 In pursuance of this policy, theRGoB:

(a) defines, for the purposes of this provision, the terms setforth below as follows:

(i) “Corrupt practice”2 is the offering, giving,receiving or soliciting, directly or indirectly, ofanything of value3 to influence improperly theactions of another party;

(ii) “Fraudulent practice”4 is any intentional act oromission, including a misrepresentation, thatknowingly or recklessly misleads, or attempts tomislead, a party to obtain a financial or otherbenefit or to avoid an obligation;

(iii) “Collusive practice”5 is an arrangement between

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two or more parties designed to achieve animproper purpose, including to influenceimproperly the actions of another party;

(iv) “Coercive practice”6 is impairing or harming, orthreatening to impair or harm, directly orindirectly, any party or the property of the party toinfluence improperly the actions of a party;

(v) "Obstructive practice" is

(aa) deliberately destroying, falsifying, alteringor concealing of evidence material to theinvestigation or making false statements toinvestigators in order materially to impedeany investigation into allegations of acorrupt, fraudulent, coercive or collusivepractice; and/or threatening, harassing orintimidating any party to prevent it fromdisclosing its knowledge of matters relevantto the investigation or from pursuing theinvestigation; or

(bb) acts intended materially to impede theexercise of the inspection and audit rights ofthe Purchaser or any organization or personappointed by the Purchaser and/or anyrelevant RGoB agency provided for underITB Sub-Clause 2.1 (d) below.

(b) will reject a proposal for award if it determinesthat the Bidder recommended for award has,directly or through an agent, engaged in corrupt,fraudulent, collusive, coercive or obstructivepractices in competing for the contract in question;

(c) will sanction a firm or individual, includingdeclaring them ineligible, either indefinitely or fora stated period of time, to be awarded an RGoB-financed contract if it at any time determines thatthey have, directly or through an agent, engaged incorrupt, fraudulent, collusive, coercive orobstructive practices in competing for, or inexecuting, an RGoB-financed contract;

(d) will have the right to require that a provision beincluded in Bidding Documents and in contractsfinanced by the RGoB, requiring Bidders,Suppliers, Contractors and their Subcontractors topermit the Purchaser, any organization or personappointed by the Purchaser and/or any relevant

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RGoB agency to inspect their accounts and recordsand other documents relating to their Bidsubmission and contract performance and to havethem audited by auditors appointed by thePurchaser;

(e) requires that Bidders, as a condition of admissionto eligibility, execute and attach to their bids anIntegrity Pact Statement in the form provided inSection IV, Bidding Forms as specified in theBDS. Failure to provide a duly executed IntegrityPact Statement may result in disqualification ofthe Bid; and

(f) will report any case of corrupt, fraudulent,collusive, coercive or obstructive practice to therelevant RGoB agencies, including but not limitedto the Anti-corruption Commission (ACC) ofBhutan, for necessary action in accordance withthe statutes and provisions of the relevant agency.

2.2 Furthermore, Bidders shall be aware of the provision statedin Sub-Clause 36.1 (a) (iii) of the General Conditions ofContract.

3 Eligible Bidders 3.1 A Bidder, and all parties constituting the Bidder, may havethe nationality of any country, subject to the restrictionsspecified in Section V, Eligible Countries. A Bidder shall bedeemed to have the nationality of a country if the Bidder is acitizen or is constituted, incorporated, or registered andoperates in conformity with the provisions of the laws ofthat country. This criterion shall also apply to thedetermination of the nationality of proposed subcontractorsor suppliers for any part of the Contract including RelatedServices.

3.2 A Bidder shall not have a conflict of interest. All Biddersfound to have a conflict of interest shall be disqualified.Bidders may be considered to have a conflict of interestwith one or more parties in this bidding process if they:

(a) are associated, or have been associated in the past, witha firm or any of its affiliates which has been engaged bythe Purchaser to provide consulting services for thepreparation of the design, specifications and/or otherdocuments to be used for the procurement of the Goodsto be purchased pursuant to these Bidding Documents,or

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(b) submit more than one Bid in this bidding process,except for alternative offers permitted under ITB Clause15. However, this does not limit the participation ofsubcontractors in more than one Bid.

(c) employ or otherwise engage, either directly or throughany of their affiliates, a spouse, dependent or closerelative of a public servant of the RGoB who either isemployed by the Purchaser or has an authority over it.For the purposes of this Sub-Clause a close relative isdefined as immediate family which includes father,mother, brother, sister, spouse and own children.

3.3 Government-owned enterprises in Bhutan shall be eligibleonly if they can establish that they (i) are legally andfinancially autonomous, (ii) operate under commercial law,and (iii) are not a dependent agency (directly or indirectly)of the Purchaser.

3.4 A Bidder that is under a declaration of ineligibility pursuantto ITB Sub-Clause 2.1 (c) shall not be eligible to participatein this bidding process in any capacity.

3.5 Bidders shall provide such evidence of their continuedeligibility satisfactory to the Purchaser as the Purchaser shallreasonably request.

4 Exclusion ofBidders 4.1 A Bidder shall be excluded from participating in this

bidding process under the following circumstances:

(a) as a matter of law or official regulation, RGoB prohibitscommercial relations with the country in which theBidder is constituted, incorporated or registered; or

(b) by an act of compliance with a decision of the UnitedNations Security Council taken under Chapter VII of theCharter of the United Nations, RGoB prohibits (i) anyimport of Goods or contracting of Services from thecountry in which the Bidder is constituted, incorporatedor registered or (ii) any payments to persons or entities inthat country; or

(c) he is insolvent or is in receivership or is a bankrupt or isin the process of being wound up; or has entered into anarrangement with creditors; or

(d) his affairs are being administered by a court, judicialofficer or appointed liquidator; or

(e) he has suspended business or is in any analogoussituation arising from similar procedures under the lawsand regulations of his country of establishment; or

(f) he has been found guilty of professional misconduct by a

recognized tribunal or professional body; or

(g) he has not fulfilled his obligations with regard to thepayment of taxes, social security or other payments duein accordance with the laws of the country in which he isestablished or of the Kingdom of Bhutan; or

(h) he is guilty of serious misrepresentation in supplyinginformation in his tender; or

(i) he has been convicted for fraud and/or corruption by acompetent authority; or

(j) he has not fulfilled any of his contractual obligations withthe Purchaser in the past.

(k) he has been debarred from participation in publicprocurement by any competent authority as per law.

5. Eligible Goods

and RelatedServices

5.1 All the Goods and Related Services to be supplied under theContract may have their origin in any country in accordancewith Section V, Eligible Countries.

5.2 For the purposes of this Clause, the term “Goods” includescommodities, raw material, machinery, equipment andindustrial plants; and “Related Services” includes servicessuch as insurance, installation, training, and initialmaintenance.

5.3 The term “origin” means the country where the Goods havebeen mined, grown, cultivated, produced, manufactured orprocessed; or, through manufacture, processing, orassembly, another commercially recognized article resultsthat differs substantially in its basic characteristics from itscomponents.

B. Contents of Bidding Documents

6. Parts of BiddingDocuments

6.1 The Bidding Documents consist of Parts 1, 2 and 3, whichinclude all the Sections indicated below, and should be readin conjunction with any Addenda issued in accordance withITB Clause 9.

PART 1 Bidding Procedures

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

PART 2 Supply Requirements

Section VI. Schedule of Supply

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PART 3 Contract

Section VII. General Conditions of Contract (GCC) Section VIII. Special Conditions of Contract (SCC) Section IX. Contract Forms

7. GeneralInformation

7.1 The Invitation for Bids issued by the Purchaser is not partof the Bidding Documents.

7.2 The Purchaser is not responsible for the completeness of theBidding Documents and their addenda, if any, if these werenot obtained directly from the Purchaser.

7.3 The Bidder is expected to examine all instructions, forms,terms and specifications in the Bidding Documents.Failure to furnish all information or documentationrequired by the Bidding Documents may result in therejection of the Bid.

8. Clarification ofBiddingDocuments

8.1 Bidders shall not be allowed to seek any clarification of theBidding Documents in person or by telephone or otherverbal means.

8.2 A prospective Bidder requiring any clarification of theBidding Documents shall notify the same to the Purchaser inwriting at the Purchaser’s address specified in the BDS;

8.3 The Purchaser shall respond in writing to any such requestfor clarification, provided that it is received no later thanfifteen (15) days prior to the deadline for submission ofBids. Copies of the Purchaser’s response shall be forwardedto all those who have acquired the Bidding Documentsdirectly from the Purchaser, including a description of theenquiry without disclosing the name of the Bidder(s)seeking clarification. Should the Purchaser deem itnecessary to amend the Bidding Documents as a result of aclarification, it shall do so following the procedure underITB Clause 9 and ITB Sub-Clause 27.2; and

8.4 A pre-bid meeting shall be conducted only if strictlynecessary to clarify doubts and concerns of the Bidders priorto submission of Bids. Minutes of the pre-bid meeting shallbe circulated to all Bidders that have purchased BiddingDocuments.

9. Amendment ofBiddingDocuments

9.1 At any time prior to the deadline for submission of Bids thePurchaser may amend the Bidding Documents by issuing anaddendum. This may be done either on the Purchaser’s owninitiative or in response to a clarification request from a

prospective Bidder.

9.2 Any addendum thus issued shall be part of the BiddingDocuments and shall be communicated in writing to all whohave obtained the Bidding Documents directly from thePurchaser.Such addendum shall be binding on theprospective Bidders, and shall require that prospectiveBidders confirm receipt of it before the time established forthe opening of Bids;

9.3 The Purchaser may, at its discretion, extend the deadline forsubmission of Bids pursuant to ITB Sub-Clause 27.2 toallow prospective Bidders reasonable time in which to takethe addendum into account in preparation of their Bids.

C. Preparation of Bids

10. Cost of Bidding 10.1 The Bidder shall bear all costs associated with thepreparation and submission of its Bid, and the Purchasershall not be responsible or liable for those costs, regardlessof the conduct or outcome of the Bidding process.

11. Language of Bid 11.1 The Bid, as well as all correspondence and documentsrelating to the Bid exchanged by the Bidder and thePurchaser, shall be written in the language specified in theBDS. Supporting documents and printed literature that arepart of the Bid may be in another language provided theyare accompanied by an accurate translation of the relevantpassages in the language specified in the BDS, in whichcase, for the purposes of interpretation of the Bid, suchtranslation shall govern.

12. DocumentsComprising theBid

12.1 The Bid shall comprise the following:

(a) Bid Submission Sheet and the applicable PriceSchedules in accordance with ITB Clauses 13, 14, 16and 18;

(b) Bid Security, in accordance with ITB Clause 24;

(c) Written confirmation authorizing the signatory of theBid to commit the Bidder, in accordance with ITBClause 25;

(d) Documentary evidence in accordance with ITB Clause19 establishing the Bidder’s eligibility to bid;

(e) Documentary evidence in accordance with ITB Clause20 that the Goods and Related Services to be suppliedby the Bidder are of eligible origin;

(f) Documentary evidence in accordance with ITB Clauses21 and 33 that the Goods and Related Services conform

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to the Bidding Documents;

(g) Documentary evidence in accordance with ITB Clause22 establishing the Bidder’s qualifications to performthe contract if its Bid is accepted;

(h) Alternative Bids, if permissible, in accordance with ITBClause 15;

(i) Documentary evidence or certified statements that theBidder is not in any of the exclusion categoriesstipulated in ITB Sub-Clause 4.1;

(j) Integrity Pact Statement, in accordance with ITB Sub-Clause 2.1 (e) as specified in BDS; and

(k) Any other document required in the BDS.

13. Bid SubmissionSheet

13.1 The Bidder shall submit the Bid Submission Sheet usingthe form furnished in Section IV, Bidding Forms. Thisform must be completed without any alterations to itsformat, and no substitutes shall be accepted. All blankspaces shall be filled in with the information requested.

14. Price Schedules 14.1 The Bidder shall submit the Price Schedules for Goods andRelated Services, according to their origin as appropriate,using the forms furnished in Section IV, Bidding Forms.

15. Alternative Bids 15.1 Unless otherwise indicated in the BDS alternative Bidsshall not be considered.

16. Bid Prices andDiscounts

16.1 The prices and discounts quoted by the Bidder in the BidSubmission Sheet and in the Price Schedules shall conformto the requirements specified below.

16.2 All lots and items in the Schedule of Supply must be listedand priced separately in the Price Schedules.

16.3 The price to be quoted in the Bid Submission Sheet shall bethe total price of the Bid excluding any discounts offered.

16.4 The Bidder shall quote any unconditional discounts and themethodology for their application in the Bid SubmissionSheet.

16.5 The terms EXW, CIF, CIP and other similar terms shall begoverned by the rules prescribed in the current edition ofIncoterms, published by The International Chamber of Commerceas specified in the BDS.

16.6 Unless otherwise stated in the BDS, Prices shall be quotedinclusive of all applicable taxes and levies, insurance,transportation, handling costs and any other associated costto fulfill the contractual obligations, as specified in the Price

Schedule forms for Goods and related services included inSection IV Bidding Forms. However to avail margin ofpreference, prices shall be quoted as specified in the PriceSchedule for Goods Manufactured in Bhutan in section IVBidding Forms.. The disaggregation of price componentsshall be solely for the purpose of facilitating the comparisonof Bids by the Purchaser. This shall not in any way limit thePurchaser’s right to contract on any of the terms offered. Inquoting prices the Bidder shall be free to use transportationthrough carriers registered in any eligible country, inaccordance with Section V, Eligible Countries. Similarly,the Bidder may obtain insurance services from any eligiblecountry in accordance with Section V, Eligible Countries.Prices shall be entered in the following manner:

(a) For goods manufactured in Bhutan:

(i) the price of the Goods quoted EXW (ex works,ex factory, ex warehouse, ex showroom, oroff-the-shelf, as applicable), including allCustoms duties and sales and other taxesalready paid or payable on the components andraw material used in the manufacture orassembly of the Goods;

(ii) any Bhutan sales and other taxes which will bepayable on the Goods if the contract isawarded to the Bidder; and

(iii) the price for inland transportation, insuranceand other local services required to deliver theGoods to their final destination (Project Site)specified in the BDS.

(b) for Related Services, other than inland

transportation and other services required to conveythe Goods to their final destination, whenever suchRelated Services are specified in the Schedule ofSupply:

(i) the price of each item comprising theRelated Services (inclusive of anyapplicable taxes).

16.7 If so indicated in ITB Sub-Clause 1.1, Bids are being invitedfor individual items, lots or packages. Unless otherwiseindicated in the BDS, prices quoted shall correspond to onehundred percent (100%) of the items specified for each lotand to one hundred percent (100%) of the quantities for

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each item of a lot. Bidders wishing to offer any pricereduction (discount) for the award of more than oneContract shall specify in their Bid the price reductionsapplicable to each package, or alternatively, to individualContracts within the package. Price reductions or discountsshall be submitted in accordance with ITB Sub-Clause 16.4,provided the Bids for all lots are submitted and opened atthe same time.

17. Price Variation 17.1 Prices quoted by the Bidder shall be fixed during theBidder’s performance of the Contract and not subject tovariation on any account, unless otherwise specified in theBDS. A Bid submitted with an adjustable price quotationshall be treated as non-responsive and shall be rejectedpursuant to ITB Clause 33 unless adjustable price quotationsare permitted by the BDS. If, in accordance with the BDS,prices quoted by the Bidder shall be subject to adjustmentduring the performance of the Contract, a Bid submittedwith a fixed price quotation shall not be rejected, but theprice adjustment shall be treated as zero.

18. Currencies of Bid 18.1 The unit rates and prices shall be quoted by the Bidderentirely in Ngultrum (Nu). Foreign currency requirementsshall be indicated and shall be payable at the option of theBidder in up to three foreign currencies. In case ofInternational procurement, bidders may express the unit ratesand prices in fully convertible currency.If the bidders wish tobe paid in a combination of amounts in different currencies,it may quote its price accordingly up to three foreigncurrencies.

18.2 The rates of exchange to be used in arriving at the localcurrency equivalent shall be the selling rates for similartransactions established by RMA on the day of bid opening.These exchange rates shall apply for all payments so that noexchange risk shall be borne by the Bidder.

18.3 Bids shall be evaluated as quoted in Ngultrum (NU) inaccordance with ITB Sub-Clause 18.1, unless a Bidder hasused different exchange rates than those prescribed in ITBSub-Clause 18.2, in which case the Bid shall be firstconverted into the amounts payable in different currenciesusing the rates quoted in the Bid and then reconverted toNgultrum (NU) using the exchange rates prescribed in ITBSub-Clause 18.2.

18.4 Bidders shall indicate details of their expected foreigncurrency requirements in the Bid.

18.5 Bidders may be required by the Employer to clarify theirforeign currency requirements and to substantiate that the

amounts included in the rates and prices if required in theBDS, are reasonable and responsive to ITB Sub-Clause 18.1.

18.6 In case of International Procurement from countries otherthan India, the procuring agency may invite bids inconvertible currencies. The bids shall however, be evaluatedin accordance with Sub-Clause 18.3 above, but the paymentshall be made in the currency of bid.

19. DocumentsEstablishing theEligibility of theBidder

19.1 To establish their eligibility in accordance with ITB Clause3, Bidders shall complete the Bid Submission Sheetincluded in Section IV, Bidding Forms.

20. DocumentsEstablishing theEligibility of theGoods andRelated Services

20.1 To establish the eligibility of the Goods and RelatedServices in accordance with ITB Clause 5, Bidders shallcomplete the country of origin declarations in the PriceSchedule Forms included in Section IV, Bidding Forms.

21. DocumentsEstablishing theConformity of theGoods andRelated Services

21.1 To establish the conformity of the Goods and RelatedServices to the Bidding Documents, the Bidder shall furnishas part of its Bid documentary evidence that the Goodsconform to the technical specifications and standardsspecified in Section VI, Schedule of Supply.

21.2 The documentary evidence may be in the form of literature,drawings or data, and shall consist of a detailed item by itemdescription of the essential technical and performancecharacteristics of the Goods and Related Services,demonstrating substantial responsiveness of the Goods andRelated Services to the technical specifications and, ifapplicable, a statement of deviations and exceptions to theprovisions of the Schedule of Supply.

21.3 The Bidder shall also furnish a list giving full particulars,including available sources and current prices of spare parts,special tools, etc., necessary for the proper and continuingfunctioning of the Goods during the period specified in theBDS following commencement of the use of the Goods bythe Purchaser.

21.4 Standards for workmanship, process, material andequipment, as well as references to brand names orcatalogue numbers specified by the Purchaser in theSchedule of Supply, are intended to be descriptive only andnot restrictive. The Bidder may offer other standards ofquality, brand names and/or catalogue numbers, providedthat it demonstrates to the Purchaser’s satisfaction that thesubstitutions ensure equivalence or are superior to thosespecified in the Schedule of Supply.

22. Documents 22.1 The documentary evidence of the Bidder’s qualifications to

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Establishing theQualifications ofthe Bidder

perform the contract if its Bid is accepted shall establish tothe Purchaser’s satisfaction:

(a) that, if required by the BDS, a Bidder that does notmanufacture or produce the Goods it offers to supplyshall submit the Manufacturer’s Authorization using theform included in Section IV, Bidding Forms todemonstrate that it has been duly authorized by themanufacturer or producer of the Goods to supply theseGoods in Bhutan;

(b) that, if required in the BDS, in the case of a Bidder notdoing business within Bhutan, the Bidder is or will be(if awarded the Contract) represented by an agent inBhutan equipped and able to carry out the Supplier’smaintenance, repair and spare parts-stockingobligations prescribed in the Conditions of Contractand/or Technical Specifications;

(c) that Bids submitted by a Joint Venture, Consortium orAssociation (JV/C/A) of two or more firms as partnerscomply with the following requirements:

(i) the Bid is signed so as to be legally binding onall partners;

(ii) all partners shall be jointly and severally liablefor the execution of the Contract inaccordance with the Contract terms;

(iii) one of the partners is nominated as being incharge, authorized to incur liabilities, and toreceive instructions for and on behalf of anyand all partners of the JV/C/A;

(iv) the execution of the entire Contract, includingpayment, shall be done exclusively with thepartner in charge; and

(v) a copy of the JV/C/A Agreement entered intoby the partners is submitted with the Bid; or aLetter of Intent to execute a JV/C/AAgreement in the event of a successful Bid issigned by all partners and submitted with theBid, together with a copy of the proposedAgreement.

(d) that the Bidder meets each of the qualification criteriaspecified in Section III, Evaluation and QualificationCriteria.

23. Period of Validity 23.1 Bids shall remain valid for the period specified in the BDS

of Bids from the Bid submission deadline prescribed by thePurchaser. A Bid valid for a shorter period shall be rejectedby the Purchaser as non-responsive.

23.2 In exceptional circumstances, prior to expiry of the Bidvalidity period, the Purchaser may request Bidders to extendthe period of validity of their Bids. The request and theresponses shall be made in writing. The Bid Security shall alsobe extended for a corresponding period. A Bidder may refusethe request to extend the validity of its Bid without forfeitingits Bid Security. A Bidder granting the request shall not berequired or permitted to modify its Bid, except as provided inITB Sub-Clause 23.3

23.3 In the case of fixed price contracts, if the award is delayedby a period exceeding sixty (60) days beyond the expiry ofthe initial Bid validity, the Contract price shall be adjustedas specified in the request for extension. Bid evaluationshall be based on the Bid Price without taking intoconsideration the above correction.

24. Bid Security 24.1 The Bidder shall furnish, as part of its Bid, a Bid Security inoriginal form, denominated in Ngultrum or a freelyconvertible currency and in the amount specified in theBDS.

24.2 The Bid Security shall:

(a) at the Bidder’s option, be in any of the followingforms:

(i) an Unconditional Bank Guarantee; or

(ii) a Banker’s Certified Cheque/Cash Warrant; or

(iii) a Demand Draft;

(b) be issued by a financial institution in Bhutan acceptableto the Purchaser and selected by the Bidder.If theinstitution issuing the Bid Security is located outsideBhutan it shall have a correspondent financial institutionlocated in Bhutan to make the Bid Security enforceable.

(c) in the case of a bank guarantee, be substantially inaccordance with the form of Bid Security included inSection IV, Bidding Forms, or other form approved bythe Purchaser prior to Bid submission;

(d) be promptly payable upon written demand by thePurchaser in case any of the conditions listed in ITBSub-Clause 24.6 are invoked;

(e) be submitted in its original form; copies shall not be

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accepted;

(f) remain valid for a period of thirty (30) days beyond theend of the validity period of the Bid, as extended, ifapplicable, in accordance with ITB Sub-Clause 23.2.

24.3 Any Bid not accompanied by a responsive Bid Securityshall be rejected by the Purchaser as non-responsive.

24.4 The Bid Securities of unsuccessful Bidders shall bedischarged/returned as promptly as possible upon award ofcontract, but in any event not later than thirty (30) days afterthe expiration of the period of bid validity prescribed by theprocuring agency and the successful Bidder furnishing thePerformance Security pursuant to ITB Clause 47.

24.5 The Bid Security of the successful Bidder shall be returnedas promptly as possible after the successful Bidder hassigned the Contract and furnished the required PerformanceSecurity.

24.6 The Bid Security shall be forfeited:

(a) if a Bidder withdraws its Bid during the period of Bidvalidity specified by the Bidder on the Bid SubmissionSheet, except as provided in ITB Sub-Clause 23.2; or

(b) if the successful Bidder fails to:

(i) sign the Contract in accordance with ITB Clause 46;

(ii) furnish a Performance Security in accordancewith ITB Clause 47; or

(iii) accept the correction of its Bid Price pursuant toITB Sub-Clause 34.4

24.7 The Bid Security of a JV/C/A must be in the name of theJV/C/A that submits the Bid. If the JV/C/A has not beenlegally constituted at the time of bidding the Bid Securityshall be in the names of all future partners as named in theletter of intent.

25. Format andSigning of Bid

25.1 The Bidder shall prepare ONE Original of the documentscomprising the Bid as described in ITB Clause 12 andclearly mark it “ORIGINAL.” In addition, the Bidder shallsubmit copies of the Bid, in the number specified in theBDS, and clearly mark them “COPY.” In the event of anydiscrepancy between the original and the copies, the originalshall prevail.

25.2 The original and all copies of the Bid shall be typed or writtenin indelible ink and shall be signed by a person duly authorizedto sign on behalf of the Bidder.

25.3 Any interlineations, erasures or overwriting shall be validonly if they are signed or initialed by the person signing theBid.

D. Submission and Opening of Bids

26.Submission,Sealing andMarking of Bids

26.1 Bids shall be delivered by hand, courier or registered post.The Bidder shall seal the original of the Bid and the numberof copies stipulated in the BDS, including alternative Bids ifpermitted in accordance with ITB Clause 15, in separateinner envelopes contained within one outer envelope. Allenvelopes shall be sealed with adhesive or other sealant toprevent reopening.

26.2 The inner envelopes shall:

(a) be signed across their seals by the person authorized tosign the Bid on behalf of the Bidder; and

(b) be marked “ORIGINAL”, “ALTERNATIVE” (if any)and “COPIES”;

26.3 The outer envelope shall:

(a) be marked “Confidential”;

(b) be addressed to the Purchaser at the address7 providedin the BDS;

(c) bear the name and identification number of the Contractas defined in the BDS; and

(d) provide a warning not to open before the specified timeand date for Bid Opening as defined in the BDS.

26.4 In addition to the identification required in ITB Sub-Clause26.2, the inner envelopes shall indicate the name and addressof the Bidder, to enable the Bid to be returned unopened incase it is declared late pursuant to ITB Clause 28.

26.5 If the outer envelope is not sealed and marked as above, thePurchaser shall assume no responsibility for themisplacement or premature opening of the Bid.

26.6 In the Two-Stage Process, Bidders shall be advised tosubmit only the technical proposal in the first stage. In thesecond stage, Bidders shall be requested to submit both theirtechnical proposals as modified and agreed with thePurchaser and the financial proposals based on the modifiedtechnical proposal simultaneously in two separate sealedenvelopes.

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26.7 When so specified in the BDS Bidders shall have the optionof submitting their Bids electronically. Bidders submittingBids electronically shall follow the procedures specified inthe BDS.

27. Deadline forSubmission ofBids

27.1 Bids shall be delivered by hand, courier or registered post tothe Purchaser at the address and no later than the date andtime indicated in the BDS.

27.2 The Purchaser may, at its discretion, extend the deadline forthe submission of Bids by amending the BiddingDocuments in accordance with ITB Clause 9, in which caseall rights and obligations of the Purchaser and Bidderspreviously subject to the deadline shall thereafter be subjectto the deadline as extended.

28. Late Bids 28.1 The Purchaser shall not consider any Bid that arrives afterthe deadline for submission of Bids. Any Bid received bythe Purchaser after the deadline for submission of Bids shallbe declared late, rejected, and returned unopened to theBidder.

29. Withdrawal,Substitution andModification ofBids

29.1 A Bidder may withdraw, substitute or modify its Bid after ithas been submitted by sending a written notice inaccordance with ITB Clause 26, duly signed by anauthorized representative, and shall include a copy of theauthorization (the power of attorney) in accordance withITB Sub-Clause 25.2, (except that withdrawal notices do notrequire copies). The corresponding substitution ormodification of the Bid must accompany the respectivewritten notice. All notices must be:

(a) submitted in accordance with ITB Clauses 25 and 26(except that withdrawal notices do not require copies)and, in addition, the respective envelopes shall beclearly marked “WITHDRAWAL”, “SUBSTITUTION” or“MODIFICATION;” and

(b) received by the Purchaser prior to the deadlineprescribed for submission of Bids, in accordancewith ITB Clause 27.

29.2 Bids requested to be withdrawn in accordance with ITBSub-Clause 29.1 shall be returned unopened to the Bidders.

29.3 No Bid may be withdrawn, substituted or modified in theinterval between the deadline for submission of Bids and theexpiry of the period of Bid validity specified by the Bidderon the Bid Submission Sheet or any extension thereof.

29.4 Withdrawal of a bid between the deadline for submission ofbids and expiration of the period of bid validity specified in

the BDS or as extended pursuant to Clause 23.1, may resultin the forfeiture of the Bid Security pursuant to Clause 24.6.If the lowest or the lowest evaluated bidder withdraws hisbid between the periods specified in this clause, the bidsecurity of the bidder shall be forfeited and in addition, thebidder shall pay to the employer the positive difference ofsum, if any, with the next lowest bidder within fourteen (14)days of his withdrawal. If the bidder fails to pay thedifference within the said date, the bidder shall be debarredby a competent authority as per law. In the case offramework contracts, the bid security shall be forfeited andthe supply of the particular item will be re-tendered.

30. Bid Opening 30.1 The Purchaser shall conduct the Bid Opening in public, inthe presence of Bidders` designated representatives whochoose to attend, and at the address, date and time specifiedin the BDS. Any specific electronic Bid Opening proceduresrequired if electronic bidding is permitted in accordancewith ITB Sub-Clause 26.7 shall be as specified in the BDS.

30.2 Bidders, their representatives and other attendees at the BidOpening shall not be permitted to approach any members ofthe Bid Opening Committee or any RGoB officials.

30.3 First, envelopes marked “WITHDRAWAL” shall be openedand read out and the envelope with the corresponding Bidshall not be opened, but shall be returned to the Bidder. NoBid withdrawal shall be permitted unless the correspondingwithdrawal notice contains a valid authorization to requestthe withdrawal and is read out at Bid Opening. Next,envelopes marked “SUBSTITUTION” shall be opened andread out and exchanged with the corresponding Bid beingsubstituted. The substituted Bid shall not be opened, butshall be returned to the Bidder. No Bid substitution shall bepermitted unless the corresponding substitution noticecontains a valid authorization to request the substitution andis read out at Bid Opening. Envelopes marked“MODIFICATION” shall be opened and read out with thecorresponding Bid. No Bid modification shall be permittedunless the corresponding modification notice contains avalid authorization to request the modification and is readout at Bid Opening. Only envelopes that are opened andread out at Bid Opening shall be considered further.

30.4 All other envelopes shall be opened one at a time. TheBidders’ names, the Bid prices, the total amount of each Bidand of any alternative Bid (if alternatives have beenrequested or permitted), any discounts, Bid withdrawals,substitutions or modifications, the presence or absence ofBid Security, responses to any Bidding Documents addenda,and such other details as the Purchaser may consider

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appropriate shall be announced by the Purchaser at the BidOpening. This information also shall be written on a noticeboard for the public to copy. Any Bid price, discount oralternative Bid price not announced and recorded shall not betaken into account in Bid evaluation. No Bid shall berejected at Bid Opening except for late Bids pursuant to ITBClause 28. Substitution Bids and modifications submittedpursuant to ITB Clause 29 that are not opened and read out atBid Opening shall not be considered for further evaluationregardless of the circumstances. Late, withdrawn andsubstituted Bids shall be returned unopened to Bidders.

30.5 The Purchaser shall prepare a record of the Bid Opening,which shall include the information disclosed to thosepresent in accordance with ITB Sub-Clause 30.4. Theminutes shall include, as a minimum:

(a) the Contract title and reference number;

(b) the Bid number;

(c) the Bid deadline date and time;

(d) the date, time and place of Bid Opening;

(e) Bid prices, per lot if applicable, offered by the Bidders,including any discounts and alternative offers;

(f) the presence or absence of Bid Security and, if present, itsamount;

(g) the name and nationality of each Bidder, and whetherthere is a withdrawal, substitution or modification;

(h) the names of attendees at the Bid Opening, and of theBidders they represent (if any);

(i) details of any complaints or other comments made byattendees/representatives attending the Bid Opening,including the names and signatures of theattendees/representatives making the complaint(s) and/orcomment(s); and

(j) the names, designations and signatures of the members ofthe Bid Opening Committee.

The Bidders’ representatives and attendees who are presentshall be requested to sign the record. The omission of aBidder’s or other attendee’s signature on the record shall notinvalidate the contents and effect of the record. A copy of therecord shall be distributed to all Bidders.

E. Evaluation and Comparison of Bids

31. Confidentiality 31.1 Information relating to the examination, evaluation,comparison and postqualification of Bids, andrecommendation of Contract Award, shall not be disclosedto Bidders or any other persons not officially concernedwith such process until publication of the Contract Award.

31.2 Any effort by a Bidder to influence the Purchaser in theexamination, evaluation, comparison and postqualificationof the Bids or Contract Award decisions may result in therejection of its Bid.

31.3 Notwithstanding ITB Sub-Clause 31.2, from the time of BidOpening to the time of Contract Award, if any Bidderwishes to contact the Purchaser on any matter related to thebidding process, it should do so in writing.

32. Clarification ofBids

32.1 To assist in the examination, evaluation, comparison andpostqualification of the Bids, the Purchaser may, at itsdiscretion, ask any Bidder for a clarification of its Bid. Anyclarification submitted by a Bidder that is not in response toa request by the Purchaser shall not be considered. ThePurchaser’s request for clarification and the response shallbe in writing. No change in the prices or substance of theBid shall be sought, offered or permitted, except to confirmthe correction of arithmetic errors discovered by thePurchaser in the evaluation of the Bids, in accordance withITB Clause 34.

33. Responsiveness ofBids

33.1 The Purchaser’s determination of a Bid’s responsivenessshall be based on the contents of the Bid itself, and is todetermine which of the Bids received are responsive andthereafter to compare the responsive Bids against each otherto select the lowest evaluated Bid.

33.2 A substantially responsive Bid is one that conforms to allthe terms, conditions and specifications of the BiddingDocuments without material deviation, reservation oromission. A material deviation, reservation or omission isone that:

(a) affects in any substantial way the scope, quality orperformance of the Goods or Related Servicesrequired; or

(b) limits in any substantial way inconsistent with theBidding Documents, the Purchaser’s rights or theBidder’s obligations under the Contract; or

(c) if rectified would affect unfairly the competitiveposition of other Bidders presenting responsiveBids

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33.3 If a Bid is not substantially responsive to the BiddingDocuments it shall be rejected by the Purchaser and may notsubsequently be made responsive by the Bidder bycorrection of the material deviation, reservation or omission.

34. Nonconformities,Errors andOmissions

34.1 Provided that a Bid is substantially responsive, thePurchaser may waive any non-conformities or omissions inthe Bid that do not constitute a material deviation.

34.2 Provided that a Bid is substantially responsive, thePurchaser may request that the Bidder submit the necessaryinformation or documentation, within a reasonable period oftime, to rectify nonmaterial nonconformities or omissions inthe Bid related to documentation requirements. Suchomission shall not be related to any aspect of the price of theBid. Failure of the Bidder to comply with the request mayresult in the rejection of its Bid.

34.3 Provided that the Bid is substantially responsive, thePurchaser shall correct arithmetical errors on the followingbasis:

(a) if there is a discrepancy between the unit price andthe line item total that is obtained by multiplyingthe unit price by the quantity, the unit price shallprevail and the line item total shall be corrected,unless in the opinion of the Purchaser there is anobvious misplacement of the decimal point in theunit price, in which case the line item total asquoted shall govern and the unit price shall becorrected;

(b) if there is an error in a total corresponding to theaddition or subtraction of subtotals, the subtotalsshall prevail and the total shall be corrected; and

(c) if there is a discrepancy between words andfigures, the amount in words shall prevail, unlessthe amount expressed in words is related to anarithmetic error, in which case the amount infigures shall prevail subject to ITB Sub-Clauses34.3 (a) and (b) above.

34.4 If the Bidder that submitted the lowest evaluated Bid doesnot accept the correction of errors, its Bid shall bedisqualified and its Bid Security shall be forfeited.

35. PreliminaryExamination ofBids

35.1 The Purchaser shall examine the Bids to confirm that alldocuments and technical documentation requested in ITBClause 12 have been provided, and to determine thecompleteness of each document submitted.

35.2 The Purchaser shall confirm that the following documents

and information have been provided in the Bid. If any ofthese documents or information is missing, the offer shall berejected.

(a) Bid Submission Sheet, in accordance with ITB Sub-Clause 12.1 (a);

(b) Price Schedules, in accordance with ITB Sub-Clause12.1 (a);

(c) Bid Security, in accordance with ITB Clause 24.

36. Examination ofTerms andConditions;TechnicalEvaluation

36.1 The Purchaser shall examine the Bid to confirm that allterms and conditions specified in the GCC and the SCChave been accepted by the Bidder without any materialdeviation or reservation.

36.2 The Purchaser shall evaluate the technical aspects of the Bidsubmitted in accordance with ITB Clause 21, to confirm thatall requirements specified in Section VI, Schedule of Supplyof the Bidding Documents have been met without anymaterial deviation or reservation.

36.3 If, after the examination of the terms and conditions and thetechnical evaluation, the Purchaser determines that the Bidis not substantially responsive in accordance with ITBClause 33, it shall reject the Bid.

37.Conversion toSingle Currency

37.1 For evaluation and comparison purposes, the Purchasershall convert all Bid prices expressed in amounts in variouscurrencies into a single currency and using the exchangerates specified in the BDS.

38. Margin ofPreference

38.1 A margin of preference may apply to domestic goodsmanufactured in Bhutan as provided for in the BDS. Toavail a margin of preference, the bidder shall provide avalue addition certificate from the Ministry of EconomicAffairs.

39.Evaluation of Bids 39.1 The Purchaser shall evaluate each Bid that has beendetermined, up to this stage of the evaluation, to besubstantially responsive.

39.2 To evaluate a Bid, the Purchaser shall only use all thefactors, methodologies and criteria defined in this ITBClause 39. No other criteria or methodology shall bepermitted.

39.3 To evaluate a Bid, the Purchaser shall consider thefollowing:

(a) evaluation shall be done for Items or Lots, asspecified in the BDS;

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(b) the Bid Price, as quoted in accordance with ITBClause 16;

(c) price adjustment for correction of arithmetic errors inaccordance with ITB Clause 34.3;

(d) price adjustment due to discounts offered inaccordance with ITB Clause 16.4;

(e) adjustments due to the application of the evaluationcriteria specified in the BDS from amongst those setout in Section III, Evaluation and QualificationCriteria; and

(f) adjustments due to the application of a margin ofpreference, in accordance with ITB Clause 38, ifapplicable.

39.4 The Purchaser’s evaluation of a Bid shall exclude and nottake into account:

(a) in the case of Goods manufactured in Bhutan, sales andother similar taxes which will be payable on the Goodsif the Contract is awarded to the Bidder;

(b) in the case of Goods manufactured outside Bhutan,already imported or to be imported, Customs duties andother import taxes levied on the imported Goods, salesand other similar taxes which will be payable on theGoods if the Contract is awarded to the Bidder; and

(c) any allowance for price adjustment during the periodof execution of the Contract, if provided in the Bid.

39.5 The Purchaser’s evaluation of a Bid may require theconsideration of other factors in addition to the Bid Pricequoted in accordance with ITB Clause 16. These factorsmay be related to the characteristics, performance, andterms and conditions of purchase of the Goods and RelatedServices. The effect of the factors selected, if any, shall beexpressed in monetary terms to facilitate comparison ofBids, unless otherwise specified in Section III, Evaluationand Qualification Criteria. The factors, criteria and themethodology of application shall be as specified in ITBSub-Clause 39.3 (e).

39.6 If so specified in the BDS, these Bidding Documents shallallow Bidders to quote separate prices for one or more lots,and shall allow the Purchaser to award one or multiple lotsto more than one Bidder. The methodology of evaluation to

determine the lowest evaluated lot combinations is specifiedin Section III, Evaluation and Qualification Criteria.

40. Comparison ofBids

40.1 The Purchaser shall compare all substantially responsiveBids to determine the lowest evaluated Bid, in accordancewith ITB Sub-Clause 39.

40.2 If the Bid price of the lowest evaluated Bid appearsabnormally low and/or seriously unbalanced, the Purchasermay require the Bidder to produce written explanations of,justifications and detailed price analyses for any or all itemsoffered. Such explanations may include, but are not limitedto, details of the method by which the Goods and RelatedServices are to be provided, the technical solutions chosen,exceptionally favorable conditions available to the Bidderfor the execution of the Contract, and the originality of theGoods proposed by the Bidder. After objective evaluation ofthe explanations, justifications and price analyses, if thePurchaser decides to accept the Bid with an abnormally lowand/or seriously unbalanced price, the Purchaser shallrequire that the amount of the Performance Securitystipulated in ITB Clause 47 be increased at the expense ofthe Bidder to a level sufficient to protect the Purchaseragainst financial loss in the event of default of thesuccessful Bidder under the Contract.

41.Postqualificationof the Bidder

41.1 The Purchaser shall determine to its satisfaction whether theBidder that is selected as having submitted the lowestevaluated and substantially responsive Bid is qualified toperform the Contract satisfactorily.

41.2 The determination shall be based upon an examination ofthe documentary evidence of the Bidder’s qualificationssubmitted by the Bidder, pursuant to ITB Clause 22.

41.3 An affirmative determination shall be a prerequisite foraward of the Contract to the Bidder. A negativedetermination shall result in disqualification of the Bid, inwhich event the Purchaser shall proceed to the next lowestevaluated Bid to make a similar determination of thatBidder’s capabilities to perform satisfactorily.

42.Purchaser’s Rightto Accept Any Bid,and to Reject Anyor All Bids

42.1 The Purchaser reserves the right to accept or reject any Bid,and to annul the bidding process and reject all Bids at anytime prior to Contract award, without thereby incurring anyliability to Bidders.

F. Award of Contract

43.Award Criteria 43.1 The Purchaser shall award the Contract to the Bidder whoseoffer has been determined to be the lowest evaluated Bid

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and is substantially responsive to the Bidding Documents,provided further that the Bidder is determined to bequalified to perform the Contract satisfactorily.

44.Purchaser’s Rightto Vary Quantitiesat Time of Award

44.1 At the time the Contract is awarded, the Purchaser reservesthe right to increase or decrease the quantity of Goods andRelated Services originally specified in Section VI,Schedule of Supply, provided this does not exceed thepercentages indicated in the BDS, and without any changein the unit prices or other terms and conditions of the Bidand the Bidding Documents.

45.Letter of Intent toAward theContract/Notification of Award

45.1 The Employer shall notify the concerned Bidder whose bidhas been selected in accordance with ITB 43 in writing (in theformat in section IV-hereafter called the letter of Intent toaward the contract) that the Employer has intention to acceptits bid and the information regarding the name, address andamount of selected bidder shall be given to all other bidderswho submitted the bid. Such notification should becommunicated in writing, including by cable, facsimile, telexor electronic mail to all the bidders on the same day ofdispatch. The Employer shall ensure that the sameinformation is uploaded on their website on the same day ofdispatch.

45.2 If no bidder submits an application pursuant to ITB 48within a period of ten (10) days of the notice provided underITB 45.1, prior to expiry of the period of Bid validity, thePurchaser shall notify the successful Bidder, in writing,that its Bid has been accepted.

45.3 Until a formal Contract is prepared and executed, thenotification of award shall constitute a binding Contract.

45.4 Upon the successful Bidder furnishing the signed ContractForm and the Performance Security pursuant to ITB Clause47 the Purchaser:

(a) shall promptly notify each unsuccessful Bidder anddischarge its Bid Security, pursuant to ITB Sub-Clause24.4; and

(b) publish a notification of award on the Purchaser’swebsite.

45.5 The notifications to all unsuccessful Bidders and thenotification posted on the Purchaser’s website shallinclude the following information:

(a) the Bid and lot numbers;

(b) name of the winning Bidder, and the price it offered, aswell as the duration and summary scope of theContract awarded; and

(c) the date of the award decision.

45.6 After publication of the award, unsuccessful Bidders mayrequest in writing to the Purchaser for a debriefing seekingexplanations of the grounds on which their Bids were notselected. The Purchaser shall promptly respond in writingto any unsuccessful Bidder who, after publication ofcontract award, requests a debriefing.

46 Signing ofContract

46.1 At the same time as notifying the successful Bidder inwriting that its Bid has been accepted the Purchaser shallsend the successful Bidder the Contract Agreement and theSpecial Conditions of Contract.

46.2 Within fifteen (15) days of receipt of the ContractAgreement the successful Bidder shall sign, date and returnit to the Purchaser.

46.3 Notwithstanding ITB Sub-Clause 46.2 above, in casesigning of the Contract Agreement is prevented by anyexport restrictions attributable to the Purchaser, to Bhutan,or to the use of the products/Goods, systems or services tobe supplied, where such export restrictions arise from traderegulations from a country supplying those products/Goods,systems or services, the Bidder shall not be bound by itsBid, always provided, however, that the Bidder candemonstrate to the satisfaction of the Purchaser that signingof the Contact Agreement has not been prevented by anylack of diligence on the part of the Bidder in completingany formalities, including applying for permits,authorizations and/or licenses necessary for the export ofthe products/Goods, systems or services under the terms ofthe Contract.

47 PerformanceSecurity

47.1 Within fifteen (15) working days of the receipt ofnotification of award from the Purchaser, the Bidder shallsubmit the Performance Security in accordance with theGCC, using for that purpose any of the following securityforms:

(a) unconditional bank guarantee in the form provided forin Section IX, Contract Forms, or another formacceptable to the Purchaser, or

(b) banker’s certified cheque/cash warrant, or

(c) demand draft.

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48.Complaintand Review

47.2 If the Performance Security is provided by the successfulBidder in the form of a demand bank guarantee it shall beissued, at the Bidder’s option, by a financial institutionlocated in Bhutan.

47.3 Failure by the successful Bidder to submit the above-mentioned Performance Security or to sign the Contractshall constitute sufficient grounds for the annulment of theaward and forfeiture of the Bid Security. In that event thePurchaser may award the Contract to the next lowestevaluated Bidder whose offer is substantially responsiveand is determined by the Purchaser to be qualified toperform the Contract satisfactorily. Such a failure shall beconsidered as “withdrawal” and all relevant clauses shallapply.

48.1 If the Bidder has or is likely to suffer, loss or injury due tobreach of a duty imposed on the Employer by theprovisions of this bidding document, the Bidder shallsubmit the complaint in writing to the Employer within ten(10) days from the date of letter of intent to award thecontract. In the first instance, the Bidder shall submit thecomplaint to the Employer.

48.2 The Bidder may appeal to the Independent Review Bodyonly if the Procuring Entity has not delivered the decisionwithin the specified time, or the complainant is not satisfiedwith the decision of the Employer.

Section II: Bid Data Sheet (BDS)

Section II. Bid Data Sheet

A. Introduction

ITB 1.1 The Purchaser is: Alternate Energy Division, Department of RenewableEnergy, Ministry of Economic Affairs, Thimphu.

ITB 1.1 The name, identification number and number of lots within thisprocurement are: Supply, Installation and Commissioning of Solar WaterHeating Systems

Tender No.DRE/AED/ACO/TENDER/03/2018-19/

B. Bidding Documents

ITB 8.2 For clarification of Bid purposes only, the Purchaser’s address is:

Attention: Mr. Chhimi Dorji, Offtg. Chief Engineer, Alternate EnergyDivision, Department of Renewable Energy, Ministry of EconomicAffairs, Thimphu: Bhutan

Facsimile number: +975 -2-321688

Electronic mail address: [email protected]

C. Preparation of Bids

ITB 8.4 The pre-bid meeting shall be conducted on 24th August 2018.

ITB 11.1 The language of the Bid is: English

ITB 12.1 (k) The Bidder shall submit with its Bid the following additional documents:

1. Valid Trade Licence and Tax Clearance Certificate

2. Bidders experience in supply, installation and commissioning of thesolar water heating systems

ITB 12.1 (j) The bidders shall submit a signed Integrity Pact: Yes

ITB 15.1 Alternative Bids shall not be permitted.

ITB 16.5 The Incoterms edition is: CIP Delivery Schedule

ITB 16.6 (a)(iii), (b) (ii)and (c) (v)

The final destination (Project Site) is: As per Section VI: Supply Schedule(11.0 Delivery Schedule)

ITB 17.1 The prices quoted by the Bidder shall not be adjustable.

ITB 18.1 The Bidder is required to quote in Ngultrum (BTN) the portion of the BidPrice that corresponds to expenditures incurred in Ngultrum (BTN) inBhutan.

ITB 21.3 The period of time for which the Goods are expected to be functioning (forthe purpose of spare parts, special tools, etc) is:

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mailto:[email protected]


- Warranty of the supply of solar water heating systems shall remainvalid for 12 months after commissioning or 18 months after the date ofshipment from the port of loading whichever period concludes earlier.

- Defect liability period for installation works of the systems is 12 monthsfrom the date of acceptance of the installation works by the concernedemployer.

ITB 22.1 (a) Manufacturer’s authorization is required. (Collector and Hot Water Tank)

ITB 22.1 (b) After sales maintenance, repair, spare parts stocking and related servicesare required, and the Bidder therefore “is” required to be represented by asuitably equipped and able agent in Bhutan. The detailed address of theagent in Bhutan should be mentioned in the bid.

ITB 23.1 The Bid validity period shall be 60 days.

ITB 24.1 The amount and currency of the Bid Security is 2% of the quoted price.

D. Submission and Opening of Bids

ITB 25.1 and26.1

In addition to the original of the Bid, the number of copies is: One

ITB 26.3 (d) The name and identification number of the Contract is Supply, Installationand Commissioning of the Solar Water Heating Systems.

Tender No.DRE/AED/ACO/TENDER/03/2018-19/

ITB 26.3 (e) The time and date for Bid Opening is 1430 hours Bhutan time on 6th

September 2018

ITB 26.7 Bidders shall not have the option of submitting their Bids electronically.

ITB 27.1 For Bid submission purposes, the Purchaser’s address is:

Attention: Mr. Chhimi Dorji, Offtg. Chief Engineer, Alternate EnergyDivision, Department of Renewable Energy, Ministry of EconomicAffairs, Thimphu: Bhutan

The deadline for the submission of Bids is:

Date: 6th September 2018

Time: 1200 hours Bhutan time.

ITB 30.1 The Bid Opening shall take place at: DRE Conference Hall, DRE, MoEA,Thimphu.

Date: 6th September 2018

Time: 1430 hours, Bhutan time.

E. Evaluation and Comparison of Bids

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ITB 37.1 Bid prices expressed in different currencies shall be converted intoNgultrum (BTN).

The source of exchange rates shall be the Royal Monetary Authority ofBhutan.

The date for the exchange rates shall be the date of Bid Opening, asprescribed in ITB Sub-Clause 30.1.

ITB 38.1 A margin of five percent (5%) Domestic Preference shall not apply.

ITB 39.3 (a) Evaluation will be done for Lots

Bids will be evaluated by lot. If a Price Schedule shows items listed butnot priced, their prices shall be assumed to be included in the prices ofother items. An item not listed in the Price Schedule shall be assumed tobe not included in the Bid and, provided that the Bid is substantially re-sponsive, the average price of the missing item(s) quoted by substantiallyresponsive Bidders shall be added to the Bid price and the equivalent to-tal cost of the Bid so determined will be used for price comparison.

ITB 39.3 (e) The adjustments shall be determined using the following criteria fromamongst those set out in Section III, Evaluation and Qualification Criteria:

(a) Deviation in Delivery schedule: No.

(b) Deviation in payment schedule: No.

(c) The cost of major replacement components, mandatoryspare parts, and service: Yes

- Warranty of the supply of solar water heating systems shallremain valid for 12 months after commissioning or 18 months after thedate of shipment from the port of loading whichever period concludesearlier.

- Defect liability period for installation works of the systems is 12months from the date of acceptance of the installation works by theconcerned employer.

(d) The availability in Bhutan of spare parts and after-sales services forthe equipment offered in the Bid: Yes

(e) The projected operating and maintenance costs during thelife of the equipment: No

(f) The performance and productivity of the equipment offered:Yes

-The bidder is required to furnish authentic documents acceptableto the purchaser on the functional performance and efficiency ofthe equipment offered.

ITB 39.6 Bidders “shall not” be allowed to quote separate prices for one or morelots.

F. Award of Contract

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ITB 44.1 The maximum percentage by which quantities may be increased is 20 %

The maximum percentage by which quantities may be decreased is 20%

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Section III: Evaluation & Qualification Criteria

Section III. Evaluation and Qualification Criteria

1. Margin of Preference (ITB Clause 38)

2. Evaluation Criteria (ITB Sub-Clause 39.3 (e))

3. Multiple Contracts (ITB Sub-Clause 39.6)

4. Postqualification Requirements (ITB Sub-Clause 41.2)

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Section III: Evaluation and Qualification Criteria

1. Domestic Preference (ITB 38)

1.1 If the Bidding Data Sheet (BDS) so specifies, the purchaser may grant a margin ofpreference to goods manufactured in the Purcheser’s country for the purpose of bidcomparision, in accordance with the procedure outlined in subsequent paragraphs:

1.2 Bids will be classified in one of the three groups, as follows:

a) Group A: Bids offering goods manufactured in Bhutan, for which (i) labour, rawmaterials and components form within the country account for more than thirty (30)percent of the EXW price; and (ii) the production facility in which they will bemanufactured or assembled has been engaged in manufacturing or assembling suchgoods at least since the date of bid submission.

b) Group B: All other bids offering Goods manufactured in Bhutan

c) Group C: Bids offering Goods manufactured ourside Bhutan that have been alreadyimported or that will be imported.

1.3 The price quoted for goods in bids of Group A and B shall include all duties and taxespaid or payable on the basic materials or components purchased in the domestic marketor imported, but shall exclude the sales and similar taxes on the finished product. Theprice quoted for goods in bids of Group C shall be on CIF or CIP (place of destination),which is exclusive of customs duties and other import taxes already paid or to be paid.

1.4 In the first step, all evaluated bids in each group shall be compared to determine thelowest bid in each group. Such losest evaluated bids shall be compared with each otherand if, as a result of this comparision, a bid from Group A or Group B is the lowest, itshall be selected for the award.

1.5 If as a result of preceeding comparision, the lowest evalauated bid is a bid from GroupC, the lowest evaluated bid from Group C shall be further compared with the lowestevaluated bid from Group A after adding to the lowest evaluated price of goods offered inthe bid from Group C, for the purpose of this further comparision only, an amount equalto five (5) percent of the CIF or CIP bid price. The lowest evaluated bid determined formthis last comparision shall be selected for the award.

2. Evaluation Criteria (ITB 39.3 (e))

The Purchaser’s evaluation of a Bid may take into account, in addition to the Bid Price quotedin accordance with ITB Sub-Clause 16.6, one or more of the following factors as specified inITB Sub-Clause 39.3(e) and in the BDS referring to ITB Sub-Clause 39.3(e), using thefollowing criteria and methodologies.

(a) Delivery Schedule. (as per Incoterms specified in the BDS)

The Goods are required to be delivered within the acceptable time range(after the earliest and before the final date, both dates inclusive) specified in

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the List of Goods and Delivery Schedule in Section VI. No credit will begiven to deliveries before the earliest date, and Bids offering delivery afterthe final date shall be treated as non responsive. Within this acceptableperiod, an adjustment, as specified in BDS Sub-Clause ITB 39.3(e), will beadded, for evaluation purposes only, to the Bid price of Bids offeringdeliveries later than the “Earliest Delivery Date” specified in Section VI ,List of Goods and Delivery Schedule.

(b) Deviation in Payment Schedule.

(i) Bidders shall state their Bid price for the payment schedule outlined in theSCC. Bids shall be evaluated on the basis of this base price. Bidders are,however, permitted to state an alternative payment schedule and indicate thereduction in Bid Price they wish to offer for such alternative paymentschedule. The Purchaser may consider the alternative payment schedule andthe reduced Bid Price offered by the Bidder selected on the basis of the baseprice for the payment schedule outlined in the SCC.

(c) Cost of major replacement components, mandatory spare parts, and service.

(i) The list of items and quantities of major assemblies, components andselected spare parts likely to be required during the initial period ofoperation specified in BDS Sub-Clause ITB 21.3 is in the List of Goods. Anadjustment equal to the total cost of these items, at the unit prices quoted ineach Bid, shall be added to the Bid Price, for evaluation purposes only.

(d) Availability in Bhutan of spare parts and after sales services for equipment offeredin the Bid.

An adjustment equal to the cost to the Purchaser of establishing the minimumservice facilities and parts inventories, as outlined in BDS Sub-Clause ITB 39.3(e), if quoted separately, shall be added to the Bid Price, for evaluation purposesonly.

(e) Projected operating and maintenance costs.

Operating and maintenance costs. An adjustment to take into account theoperating and maintenance costs of the Goods will be added to the Bid Price, forevaluation purposes only, if specified in BDS Sub-Clause ITB 39.3 (e). Theadjustment will be evaluated in accordance with the methodology specified in theBDS Sub-Clause ITB 39.3 (e).

(f) Performance and productivity of the equipment. (insert one of the following)

(i) Performance and productivity of the equipment. An adjustment representingthe capitalized cost of additional operating costs over the life of the plantwill be added to the Bid Price, for evaluation purposes, if specified in BDSSub-Clause ITB 39.3(e). The adjustment will be evaluated based on the dropin the guaranteed performance or efficiency offered in the Bid below the

34

Section III: Evaluation and Qualification Criteria

norm of 100, using the methodology specified in BDS Sub-Clause ITB 39.3(e).

(g) Specific additional criteria

Other specific additional criteria to be considered in the evaluation, and theevaluation method, shall be detailed in BDS Sub-Clause ITB 39.3 (e)]

3. Multiple Contracts (ITB 39.6)

The Purchaser shall award multiple contracts to the Bidder that offers the lowest evaluatedcombination of Bids (one contract per Bid) and meets the postqualification criteria (thisSection III, Sub-Section ITB Sub-Clause 41.2, Postqualification Requirements)

The Purchaser shall:

(a) evaluate only lots or contracts that include at least the percentages of items per lotand quantity per item as specified in ITB Sub-Clause 16.7.

(b) take into account:

(i) the lowest-evaluated Bid for each lot; and

(ii) the price reduction per lot and the methodology for its application as offeredby the Bidder in its Bid.

4. Postqualification Requirements (ITB 41.2)

After determining the lowest-evaluated Bid in accordance with ITB Sub-Clause 40.1, thePurchaser shall carry out the postqualification of the Bidder in accordance with ITB Clause41, using only the requirements specified. Requirements not included in the text below shallnot be used in the evaluation of the Bidder’s qualifications.

(a) Financial Capability

The Bidder shall furnish documentary evidence that it meets the followingfinancial requirement(s): Not Required

(b) Experience and Technical Capacity

The Bidder shall furnish documentary evidence to demonstrate that it meets thefollowing experience requirement(s):

- Work Experience in supply, installation and commissioning of solar waterheating systems supported by the authentic documents.

- List of man-power with supporting documents (curriculum vitae).

35


(c) The Bidder shall furnish documentary evidence to demonstrate that the Goods itoffers meet the following usage requirement(s):

- Manufacturer’s Authorization

- Certificate of the goods

36

Section IV: Bidding Forms 37

Bidder Information Form

[The Bidder shall fill in this Form in accordance with the instructions indicated below. Noalterations to its format shall be permitted and no substitutions shall be accepted.]

Date: [insert date (as day, month and year) of Bid submission] Bid No.: [insert number of bidding process]

Page ________ of_ ______ pages

1. Bidder’s Legal Name [insert Bidder’s legal name]

2. In the case of a Joint Venture, Consortium or Association (JV/C/A) legal name of eachparty: [insert legal name of each party in JV/C/A]

3. Bidder’s actual or intended Country of Registration: [insert actual or intended Country ofRegistration]

4. Bidder’s Year of Registration: [insert Bidder’s year of registration]

5. Bidder’s Legal Address in Country of Registration: [insert Bidder’s legal address incountry of registration]

6. Bidder’s Authorized Representative Information

Name: [insert Authorized Representative’s name]

Address: [insert Authorized Representative’s Address]

Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]

E-mail Address: [insert Authorized Representative’s e-mail address]

7. Attached are copies of the following original documents: [check the box(es) of theattached original documents]

Articles of Incorporation or Registration of firm named in 1 above, in accordance with ITBSub-Clause 3.1.

In the case of a JV/C/A, letter of intent to form the JV/C/A, or the JV/C/A agreement, inaccordance with ITB Sub-Clause 22.1 (c) (v).

In the case of a government owned entity from Bhutan, documents establishing legal andfinancial autonomy and compliance with commercial law, in accordance with ITB Sub-Clause 3.3.

Power of attorney authorizing the signatory of the Bid to sign on behalf of the Bidder.

Section IV. Bidding Forms 38

Joint Venture, Consortium or Association (JV/C/A) Partner InformationForm

[The Bidder shall fill in this Form in accordance with the instructions indicated below].Date: [insert date (as day, month and year) of Bid submission] Bid No.: [insert number of bidding process]

Page ________ of_ ______ pages

1. Bidder’s Legal Name: [insert Bidder’s legal name]

2. JV/C/A Party’s legal name: [insert JV/C/A Party’s legal name]

3. JV/C/A Party’s Country of Registration: [insert JV/C/A Party’s country ofregistration]

4. JV/C/A Party’s Year of Registration: [insert JV/C/A Party’s year of registration]

5. JV/C/A Party’s Legal Address in Country of Registration: [insert JV/C/A Party’s legaladdress in country of registration]

6. JV/C/A Party’s Authorized Representative Information

Name: [insert name of JV/C/A Party’s authorized representative]

Address: [insert address of JV/C/A Party’s authorized representative]

Telephone/Fax numbers: [insert telephone/fax numbers of JV/C/A Party’s authorizedrepresentative]

E-mail Address: [insert e-mail address of JV/C/A Party’s authorized representative]

7. Attached are copies of the following original documents: [check the box(es) of theattached original documents]

Articles of Incorporation or Registration of firm named in 2 above, in accordance withITB Sub-Clause 3.1.

In the case of a government owned entity from Bhutan, documents establishing legal andfinancial autonomy and compliance with commercial law, in accordance with ITB Sub-Clause 3.3.


Bid Submission Sheet[The Bidder shall fill in this form in accordance with the instructions indicated. Noalterations to its format shall be permitted and no substitutions shall be accepted.]

Date: [insert date of Bid submission]Invitation for Bid No.: [insert number of IFB]

Alternative No.: [insert number, if this Bid is for analternative]

To: [insert complete name of the Purchaser]

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, includingAddenda No.: [insert the number and date of issue of each addendum];

(b) We offer to supply in conformity with the Bidding Documents and in accordance withthe Delivery Schedules specified in the Schedule of Supply the following Goods andRelated Services: [insert a brief description of the Goods and Related Services];

(c) The total price of our Bid, excluding any discounts offered in item (d) below is: [insertthe Bid Price in words and figures, indicating the various amounts and their respectivecurrencies];

(d) The discounts offered and the methodology for their application are:

Discounts. If our Bid is accepted, the following discounts shall apply:[Specify in detail each discount offered and the specific item of the Schedule of Supply towhich it applies.]

Methodology of Application of the Discounts. The discounts shall be applied using thefollowing methodology:[Specify in detail the methodology that shall be used to apply the discounts];

(e) Our Bid shall be valid for a period of [insert number] days from the date fixed for theBid submission deadline in accordance with ITB Sub-Clause 27.1, and it shall remainbinding upon us and may be accepted at any time before expiry of that period;

(f) If our Bid is accepted, we commit to provide a Performance Security in accordance withITB Clause 47 and GCC Clause 19 for the due performance of the Contract;

(g) We are not participating, as Bidders, in more than one Bid in this bidding process, otherthan any alternative offers submitted in accordance with ITB Clause 15;

Section IV: Bidding Forms. Bid Forms 40

(h) We, including any subcontractors or suppliers for any part of the Contract, havenationality from eligible countries, viz: [insert the nationality of the Bidder, includingthat of all parties that comprise the Bidder if the Bidder is a JV/C/A, and the nationalityeach subcontractor and supplier]

(i) We have no conflict of interest pursuant to ITB Sub-Clause 3.2;

(j) Our firm, its affiliates or subsidiaries - including any subcontractors or suppliers for anypart of the contract - has not been declared ineligible by the Purchaser under the laws orofficial regulations of Bhutan, in accordance with ITB Sub-Clause 3.4;

(k) The following commissions, gratuities or fees have been paid or are to be paid withrespect to the bidding process or execution of the Contract: [insert complete name ofeach Recipient, its full address, the reason for which each commission or gratuity waspaid and the amount and currency of each such commission or gratuity]

Name of Recipient Address Reason Amount

(If none has been paid or is to be paid, indicate “none.”)

(l) We understand that this Bid, together with your written acceptance thereof included inyour notification of award, shall constitute a binding contract between us, until a formalcontract is prepared and executed.

(m)We understand that you are not bound to accept the lowest evaluated Bid or any other Bidthat you may receive.

Signed: _______________ [insert signature of person whose name and capacity are shown]

In the capacity of _______ [insert legal capacity of person signing the Bid SubmissionSheet]

Name: ____________ [insert complete name of person signing the Bid Submission Sheet]

Duly authorized to sign the bid for and on behalf of: _____ [insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]


Price Schedule Forms A. Price Schedule of Supply of goods (CIP, Jakar Higher Secondary School, under Bumthang Dzongkhag)

# Component Specifications Unit Rate Quantity Total

Nu. 1. Collector

1.1. Panel Double glazed, flat plate collector panels complying to IS 12933, EN 12975or that fullfils similar standards with overall specifications as follows:

Type of absorber tube Copper Tube

Pressure Drop 68.95 (1 psi) per collector

Absorption efficiency (no) Greater than 78%

Absorptivity Greater than 0.95

Emissivity Less than 0.2

Transfer medium volume 3.8-4.2 lit/collector

Gross area of collector 2.0-2.5 sq.m

Absorber Area 1.73 – 1.75 sq.m

Stagnation temperature maximum 160 Deg.C

Tested for Maximum Pressure 11.023 Bar (160 psi)

And components as under:

Number12



Nu. a. Cover plate/Glass: cover plate shall be toughened glass and thickness of

4.0 mm (min) conforming to section -1 of IS: 12933(pt-2)/2003 b. Collector box/Body: collector box shall be made of aluminium sections

only type grade, size, workmanship and finish of the material used shall beas per section-2 of IS: 12933 (pt-2)/2003: the minimum thickness ofaluminium shall be as: Channel section for sides 1.6 mm, Sheet for bottom0.7 mm, Support for glass retaining 1.2 mm, Sheet for entire body 1.0mm.

c. Insulation: Materials - Polyurethane, glass wool and Rockwool of 50mmthickness, 48Kg/m3 density.

d. Absorber: Consists of riser, Header and black chrome plated Sheet. Typegrade, size, workmanship and finish of the material used shall be as persection- 3 of IS: 12933 (pt. -2) /2003. Riser and header assembly designed forworking pressure up 2.5 to 4 kg/ cm2 and shall be tested for leakage at aminimum hydraulic pressure of 11 kg/ cm2

2. 2. Tanks

2.1.Hot water tankwith heatexchanger

Insulated solar water tank of capacity 1000 litres with heat exchanger as perrelevant Indian Standard and with TEMA Class C construction,

Number 1

2.2. Cold water tank PVC or HPDE, Cold water tank (similar BSR Civil – MT1668) of capacity2000 Litres.

Number 1

3. Plumbing

3.1.Pipes (GI), fittingsand plumbingaccessories

40m length ISI marked, C Class, Galvanised iron pipes with necessaryclamping, supports and fittings

Lumpsum 1

3.2.Insulation andcladding

For all pipes except feed pipe - Rockwool or similar CFC free PUF insulationof 100mm thickness with density 28-32 kg/cu.m. and wrapped with materiallike material like chicken mesh etc., with Aluminium cladding, thickness 26SWG

Lumpsum 1

4. Structure

4.1.Support Structure(all)

35 mmx 35 mmx 5mm L angle, Material - MS with anti-rust coating or paint(double coats of zinc chromate red oxide primer), with welding orappropriate fasteners, Vertical support should be provided for all pipes andjoints (Similar with BSR Civil 2017 – MT1670)

Lumpsum 1

5. Accessories5.1. Mountings Thermometer, water meter, strainer with spare mesh, glycol container and Lumpsum 1



Nu.

fittings, auxiliary heater (12kW) etc. as applicable

5.2.Standard toolkitand spares

Tools: Small hacksaw (6”), Pipe wrench, screwdriver, metal file, spanner set(as per need)Spares: Teflon tape/jute coir, 2 sq.m of insulation, 2 sq.m of aluminiumcladding, strainer mesh – 2 nos, binding wire 18-20 SWG (5m), plumbingfittings, fasteners (50% of installed), washers and gaskets (100% ofinstalled), multipurpose epoxy sealant M-seal similar (100gms)

Lumpsum

1

5.3. Fence and Gate

Fence as per BSR Civil – RW 0215, BSR Civil 2017 – WW0320 with Gateand supporting pillars as per BSR Civil 2017- WW0320. At collector side,fence should be installed at distance minimum 2m from collectors or 1.5-timefence height, whichever is maximum.

Lumpsum

1

5.4.Glycol or anti-freeze agent

Anti-freeze, conditioners or corrosion inhibitors: Edible Propylene Glycol Litres 50

5.5. Miscellaneous Fasteners, concrete, cement and other construction material, etc. Lumpsum 1

Total material cost

6 Transportation, installation and commissioning cost

Sub-Total (A)

N.B: The solar water heating system will be BST exempted and hence must not be included in the quoted price.


B. Price Schedule of Supply of goods (CIP, Sonam Kuenphen Higher Secondary School, Chumey under Bumthang Dzongkhag)


Nu. 1. Collector




Absorption efficiency (n0) Greater than 78%








And components as under:

Number12



Nu. a. Cover plate/Glass: cover plate shall be toughened glass and thickness of





2. 2. Tanks



Number 1

2.2. Cold water tank PVC or HPDE, Cold water tank (similar BSR Civil 2017 – MT1668) ofcapacity 2000 Litres.

Number 1

3. Plumbing



Lumpsum 1



Lumpsum 1

4. Structure


35 mmx 35 mmx 5mm L angle, Material - MS with anti-rust coating or paint(double coats of zinc chromate red oxide primer), with welding orappropriate fasteners, Vertical support should be provided for all pipes andjoints (Similar with BSR Civil 2017– MT1670)

Lumpsum 1

5. Accessories5.1. Mountings Thermometer, water meter, strainer with spare mesh, glycol container and Lumpsum 1



Nu.

fittings, auxiliary heater (12kW) etc. as applicable


Tools: Small hacksaw (6”), Pipe wrench, screwdriver, metal file, spanner set(as per need)Spares: Teflon tape/jute coir, 2 sq.m of insulation, 2 sq.m of aluminiumcladding, strainer mesh – 2 no.s, binding wire 18-20 SWG (5m), plumbingfittings, fasteners (50% of installed), washers and gaskets (100% ofinstalled), multipurpose epoxy sealant M-seal similar (100gms)

Lumpsum 1

5.3. Fence and Gate


Lumpsum 1




5.6.Pump andoperating circuit

Appropriate pressure/booster pump 50Hz, suitable to pump hot water mixturewith head min. 10m and flow min. 20-25 lpm , temperature range -10 to +110OC controlled by sensor based operating circuit. (also include safety valveand expansion tank)

Lumpsum 1

Total material cost


Sub-Total (B)



C. Price Schedule of Supply of goods (CIP, Technical Training Institute, Chumey under Bumthang Dzongkhag)


Nu. 6. Collector








Number12



Nu.





And components as under:a. Cover plate/Glass: cover plate shall be toughened glass and thickness of





7. 2. Tanks



Number 1

7.2. Cold water tank PVC or HPDE, Cold water tank (similar BSR Civil 2017– MT1668) ofcapacity 2000 Litres.

Number 1

8. Plumbing8.1. Pipes (GI), fittings

and plumbing40m length ISI marked, C Class, Galvanised iron pipes with necessaryclamping, supports and fittings

Lumpsum 1



Nu.

accessories



Lumpsum 1

9. Structure Lumpsum



Lumpsum 1

10. Accessories Lumpsum

10.1. MountingsThermometer, water meter, strainer with spare mesh, glycol container andfittings, auxiliary heater (12kW) etc. as applicable

Lumpsum 1


Tools: Small hacksaw (6”), Pipe wrench, screwdriver, metal file, spanner set(as per need)Spares: Teflon tape/jute coir, 2 sq.m of insulation, 2 sq.m of aluminiumcladding, strainer mesh – 2 no.s, binding wire 18-20 SWG (5m), plumbingfittings, fasteners (50% of installed), washers and gaskets (100% ofinstalled), multipurpose epoxy sealant M-seal similar (100gms)

Lumpsum 1

10.3. Fence and Gate


Lumpsum 1




Total material cost


Sub-Total (C)



D. Price Schedule of Supply of goods (CIP, Chundu Armed Force Public School, Chundu under Haa Dzongkhag)


Nu. 1. Collector








Number12



Nu.










2. 2. Tanks



Number 1


Number 1

3. Plumbing



Nu.



Lumpsum 1



Lumpsum 1




Lumpsum 1



Lumpsum 1



Lumpsum 1

5.3. Fence and Gate


Lumpsum 1




Total material cost


Sub-Total (D)



E. Price Schedule of Supply of goods (CIP, Jampel Higher Secondary School, Bjee Gewog under Haa Dzongkhag)


Nu.

1.

Collector

1.1. Panel Double glazed , flat plate collector panels complying to IS 12933, EN 12975or that fullfils similar standards with overall specifications as follows:

















Number12

2. 2. Tanks

2.1. Hot water tankwith heatexchanger


Number 1


Number 1

3. Plumbing

3.1. Pipes (GI), fittingsand plumbing


Lumpsum 1


accessories

3.2. Insulation andcladding


Lumpsum

1

4. Structure Lumpsum4.1. Support Structure

(all) 35 mmx 35 mmx 5mm L angle, Material - MS with anti-rust coating or paint(double coats of zinc chromate red oxide primer), with welding orappropriate fasteners, Vertical support should be provided for all pipes andjoints (Similar with BSR Civil 2017– MT1670)

Lumpsum

1

5. Accessories Lumpsum5.1. Mountings Thermometer, water meter, strainer with spare mesh, glycol container and

fittings, auxiliary heater (12kW) etc. as applicable Lumpsum

1

5.2. Standard toolkitand spares


Lumpsum

1

5.3. Glycol or anti-freeze agent


5.4. Miscellaneous Fasteners, pumps, concrete, cement and other construction material, etc. Lumpsum 1

5.5. Pump andoperating circuit

Appropriate 50Hz, 46-84W, current upto 0.36A circulation pump suitable topump water glycol mixture with permissible operating pressure 10bar,temperature range -10 to +110 OC (Specifications similar to Star RS15/6,make –WILO) controlled by sensor based operating circuit.

Lumpsum

1

Total material cost


Sub-Total (E)



F. Price Schedule of Supply of goods (CIP, Rinchenling Shedra, Bjena Gewog under Wangdue Dzongkhag)


Nu. 1. Collector






Number 12



Nu.












2. 2. Tanks



Number 1



Nu.

2.2. Cold water tankPVC or HPDE, Cold water tank (similar BSR Civil 2017 – MT1668) ofcapacity 2000 Litres.

Number 1

3. Plumbing



Lumpsum 1



Lumpsum 1




Lumpsum 1



Lumpsum 1



Lumpsum 1

5.3. Fence and Gate


Lumpsum 1




Total material cost


Sub-Total (F)



F. Price Schedule of Supply of goods (CIP, Wangbama Central School, Geneykha Gewog under Thimphu Dzongkhag)


Nu. 1. Collector





Number 12



Nu.













2. 2. Tanks 2.1. Hot water tank Insulated solar water tank of capacity 1000 litres with heat exchanger as per Number 1



Nu. with heatexchanger

relevant Indian Standard and with TEMA Class C construction,

2.2. Cold water tankPVC or HPDE, Cold water tank (similar BSR Civil 2017 – MT1668) ofcapacity 2000 Litres.

Number 1

3. Plumbing



Lumpsum 1



Lumpsum 1




Lumpsum 1



Lumpsum 1



Lumpsum 1

5.3. Fence and Gate


Lumpsum 1




Total material cost




Nu.

Sub-Total (G)



Bid Security(Bank

Guarantee)

[The Bank shall fill in this Bank Guarantee Form in accordance with the instructionsindicated.]

________________________________[insert Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: ___________________ [Name and Address of Purchaser]

Date: ________________

BID GUARANTEE No.: _________________

We have been informed that [insert name of the Bidder] (hereinafter called "the Bidder") hassubmitted to you its Bid dated (hereinafter called "the Bid") for the execution of [insert nameof Contract] under Invitation for Bids No. [insert IFB number] (“the IFB”).

Furthermore, we understand that, according to your conditions, Bids must be supported by aBid Guarantee.At the request of the Bidder, we [insert name of Bank] hereby irrevocably undertake to payyou any sum or sums not exceeding in total an amount of [insert amount in figures] ([insertamount in words]) upon receipt by us of your first demand in writing accompanied by awritten statement stating that the Bidder is in breach of its obligation(s) under the Bidconditions, because the Bidder:

(a) has withdrawn its Bid during the period of Bid validity specified by the Bidder in theForm of Bid; or

Sl.# Grand Total (Sub Total A to G)

1.


(b) having been notified of the acceptance of its Bid by the Purchaser during the period ofBid validity, (i) fails or refuses to execute the Contract Form; or (ii) fails or refuses tofurnish the Performance Security, if required, in accordance with the Instructions toBidders.

This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt ofcopies of the contract signed by the Bidder and the Performance Security issued to you uponthe instruction of the Bidder; or (b) if the Bidder is not the successful Bidder, upon the earlierof (i) our receipt of a copy of your notification to the Bidder of the name of the successfulBidder; or (ii) twenty-eight days after the expiration of the Bidder’s Bid.

Consequently, any demand for payment under this guarantee must be received by us at thisoffice on or before that date.

_____________________________[signature(s)]


Manufacturer’s Authorization [The Bidder shall require the Manufacturer to fill in this Form in accordance with theinstructions indicated. This letter of authorization should be on the letterhead of theManufacturer and be signed by a person with the proper authority to sign documents thatare binding on the Manufacturer. The Bidder shall include it in its bid, if so indicated in theBDS.]

Date: [insert date of Bid Submission]

Invitation for Bid No.: [insert IFB number]Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of the Purchaser]

WHEREAS

We [insert complete name of the Manufacturer], who are official manufacturers of [inserttype of Goods manufactured], having factories at [insert full address(es) of theManufacturer’s factory/ies], do hereby authorize [insert complete name of Bidder] to submita Bid in relation to the Invitation for Bids indicated above, the purpose of which is to providethe following Goods, manufactured by us, namely [insert name and/or brief description ofthe Goods], and subsequently to negotiate and sign the Contract.

We hereby extend our full guarantee and warranty in accordance with Clause 29 of theGeneral Conditions of Contract, with respect to the Goods offered by the above firm.

Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of the authorized representative(s) of the Manufacturer]

Title: [insert title(s) of the authorized representative(s) of the Manufacturer]

Duly authorized to sign this Authorization for and on behalf of [insert complete name of theBidder]

Dated on the [insert number] day of [insert month], [insert year].

Section V: Eligible Countries

INTEGRITY PACT1 General:

Whereas Mr. Mewang Gyeltshen representing the Department of Renewable Energy,Ministry of Economic Affairs, Royal Government of Bhutan, hereinafter referred to as the“Employer” on one part, and (Name of bidder or his/her authorized representative, withpower of attorney) representing M/s. (Name of firm), hereinafter referred to as the “Bidder”on the other part hereby execute this agreement as follows:

This agreement shall be a part of the standard bidding document, which shall be signed byboth the parties at the time of purchase of bidding documents and submitted along with thetender document. This IP is applicable only to “large” scale works, goods and services, thethreshold of which will be announced by the government from time to time. The signing ofthe IP shall not apply to framework contracting such as annual office supplies etc. 2 Objectives:

Whereas, the Employer and the Bidder agree to enter into this agreement, hereinafter referredto as IP, to avoid all forms of corruption or deceptive practice by following a system that isfair, transparent and free from any influence/unprejudiced dealings in the bidding process8

and contract administration9, with a view to:

2.1 Enabling the Employer to obtain the desired contract at a reasonable and competitiveprice in conformity to the defined specifications of the works or goods or services;and

2.2 Enabling bidders to abstain from bribing or any corrupt practice in order to secure thecontract by providing assurance to them that their competitors will also refrain frombribing and other corrupt practices.

3. Scope:

The validity of this IP shall cover the bidding process and contract administrationperiod.

4. Commitments of the Employer:

The Employer Commits itself to the following:-

4.1 The Employer hereby undertakes that no officials of the Employer, connected directlyor indirectly with the contract, will demand, take a promise for or accept, directly orthrough intermediaries, any bribe, consideration, gift, reward, favor or any material orimmaterial benefit or any other advantage from the Bidder, either for themselves or

8

9

31


for any person, organization or third party related to the contract in exchange for anadvantage in the bidding process and contract administration.

4.2 The Employer further confirms that its officials shall not favor any prospective bidderin any form that could afford an undue advantage to that particular bidder in thebidding process and contract administration and will treat all Bidders alike.

4.3 Officials of the Employer, who may have observed or noticed or have reasonablesuspicion shall report to the head of the employing agency or an appropriategovernment office any violation or attempted violation of clauses 4.1 and 4.2.

4.4 Following report on violation of clauses 4.1 and 4.2 by official (s), through anysource, necessary disciplinary proceedings, or any other action as deemed fit,including criminal proceedings shall be initiated by the Employer and such a personshall be debarred from further dealings related to the bidding process and contractadministration.

5. Commitments of Bidders

The Bidder commits himself/herself to take all measures necessary to prevent corruptpractices, unfair means and illegal activities during any stage of the bidding processand contract administration in order to secure the contract or in furtherance to secureit and in particular commits himself/herself to the following :-

5.1 The Bidder shall not offer, directly or through intermediaries, any bribe, gift,consideration, reward, favor, any material or immaterial benefit or other advantage,commission, fees, brokerage or inducement to any official of the Employer,connected directly or indirectly with the bidding process and contract administration,or to any person, organization or third party related to the contract in exchange forany advantage in the bidding process and contract administration.

5.2 The Bidder shall not collude with other parties interested in the contract to manipulatein whatsoever form or manner, the bidding process and contract administration.

5.3 If the bidder(s) have observed or noticed or have reasonable suspicion that theprovisions of the IP have been violated by the procuring agency or other bidders, thebidder shall report such violations to the head of the procuring agency.

6. Sanctions for Violation:

The breach of any of the aforesaid provisions shall result in administrative charges or penalactions as per the relevant rules and law


6.1 The breach of the IP or commission of any offence (forgery, providing falseinformation, mis-representation, providing false/fake documents, bid rigging, bidsteering or coercion) by the Bidder, or any one employed by him, or acting on his/herbehalf (whether with or without the knowledge of the Bidder), shall be dealt with asper the terms and conditions of the contract and other provisions of the relevant laws,including De-barment Rules.

6.2 The breach of the IP or commission of any offence by the officials of the procuringagency shall be dealt with as per the rules and laws of the land in vogue.

7. Monitoring and Administration:

7.1 The respective procuring agency shall be responsible for administration andmonitoring of the IP as per the relevant laws.

7.2 The bidder shall have the right to appeal as per the arbitration mechanism containedin the relevant rules.

We, hereby declare that we have read and understood the clauses of this agreement and shallabide by it.

The parties hereby sign this Integrity Pact at (place) ____________ on (date) __________

EMPLOYER BIDDER/REPRESENTATIVE

CID :

Witness: _________________ Witness: ___________________

Name: Name:

CID :

AffixLegalStamp

AffixLegalStamp

33

Section V: Eligible CountriesSection IV. Bid Forms 34

Letter of Intent (Letterhead paper of the Employer)

Notes on standard form of letter of Intent This issuance of Letter of Intent(always before letter of acceptance) is the information of the selection of the bid ofthe successful bidder by the Employer and for providing information to other unsuccessful bidders whoparticipated in the bid as regards the outcome of the procurement process

The Employer shall allow 10 days as described in ITB 33.2 between this letter of intent and letter of acceptance toallow aggrieved bidders to complaint the decision if they feel they have treated unfairly.

(Insert date)

To:------------------------------------------------------------[Name and address of the Supplier]

This is to notify you that, it is our intention to award the contract for your Biddated------------------------[Insert date] for execution ofthe--------------------------------------------------------[Insert name of the contract andidentification number, as given in the BDS/SCC] for the Contract Priceof-------------------------------------[Insert amount in figure and words and name ofcurrency] as corrected and modified [if any corrections] in accordance with theInstructions to Bidders.

Authorized Signature: -----------------------------------------------------------------------

Name and Title of Signatory:---------------------------------------------------------------

Name of Agency: -----------------------------------------------------------------------------

CC:[Insert name and address of all other suppliers who submitted the bid]


Eligibility for the Provision of Goods and Related Services in RGoB-financedProcurement

The RGoB permits firms and individuals from all countries to offer Goods and RelatedServices for RGoB-financed projects. As an exception, firms of a Country, Goodsmanufactured in a Country or services provided from or by a Country may be excluded if:

1.1 as a matter of law or official regulation, the RGoB prohibits commercial relationswith that Country; or

1.2 by an Act of Compliance with a Decision of the United Nations Security Counciltaken under Chapter VII of the Charter of the United Nations, the RGoB prohibits anyimport of Goods from that Country or any payments to persons or entities in thatCountry.

For the information of Bidders, at the present time firms, Goods and Services from thefollowing countries are excluded from this bidding:

(a) With reference to Paragraph 1.1 above:

None

(b) With reference to Paragraph 1.2 above:

None

35

Section VI: Schedule of Supply xxxvi

Section VI: Schedule of Supply and Installation

Table of Contents

Section VI: TECHNICAL SPECIFICATIONS....................................................................1

1. 0 Scope of Supply.............................................................................................................1

1.2 Units of measurement...................................................................................................1

1. 3 Standards.......................................................................................................................1

1.4 Inspection and Testing.....................................................................................................1

1. 6 Site Conditions...............................................................................................................2

1.6.1 Local Conditions:..........................................................................................................2

1.6.2 Special Conditions.....................................................................................................2

2.0 Collector System...............................................................................................................2

3.0 Solar Storage Tank System.............................................................................................3

4.0 Pipe fittings/Valves & Accessories and PVC tank.....................................................4

5.0 Monitoring Instrumentation...........................................................................................5

6.0 Concrete Materials...........................................................................................................5

7.0 Packing and shipping.......................................................................................................5

8.0 Marking............................................................................................................................6

9.0 Labels.............................................................................................................................6

10.0 Technical Specification for installation & commissioning of the system.................6

11.0 Delivery Schedule:............................................................................................................7

12.0 Installation and Commissioning of System.................................................................8

12.1 Installation Schedule.....................................................................................................8

12.2 Execution of installation works...................................................................................8

12.3 Work Program..............................................................................................................8


12.4 Monitoring of Work Progress......................................................................................8

12.5 Examination of Work...................................................................................................9

12.6 Post Installation Services..............................................................................................9

12.7 Transportation of Materials.........................................................................................9

12.8 Guarantee of Works after Completion Date..............................................................9

12.9 Workmanship acceptance by the Engineer................................................................9

xxxvii


1. 0 Scope of Supply

1.1 The scope of supply includes the design, manufacture, testing, CIP delivery and installation &commissioning of Solar water heating system (Thermo-Siphon or forced circulation System)with complete accessories listed below:

a. Flat Plate Solar Thermal Collectorsb. Solar Storage Tank with integrated heat exchanger c. Cold Storage Tankd. Piping with fittings and insulation, Valves and Accessoriese. Mounting Structuresf. Concrete Materials

1.2 Bidders shall furnish guaranteed particulars in the Schedules enclosed. Drawings of allcomponents and assembly shall be provided together with the equipment type and referencenumber to ensure their identification.

1.2 Units of measurement

Metric units of measurement (System International) shall be used on all Contract documents. Angularmeasurements shall be in degrees with 90 degrees comprising one right angle.

1. 3 Standards

The design materials, construction, manufacture, inspection shall be used on all equipment suppliedunder this specification shall conform to the latest editions of the International ElectrotechnicalCommission (IEC) Specifications or other international standards, where equipment is not covered byIEC. Other national standards are accepted if they promise to confer equal or superior quality andperformance than IEC or other international standards.

1.4 Inspection and Testing

The equipment/materials will be inspected at the Manufacturer’s works by the Purchaser’srepresentative. The supplier shall give at least Twenty One (21) days notice for readiness ofequipment for testing at the manufacturer’s works. Tests shall be performed in accordance with therelevant standards.

The routine tests, including but not limited to those listed below, shall be carried out. If the tests arenot witnessed by the Purchaser’s representative, test certificates shall be submitted to the Purchaserfor approval. Dispatch clearance will be given only if the test results are approved.

a. Inspection for conformity with the specificationb. Functional Testsc. Check of dimensions and quality of workmanshipd. Acceptance testse. Bidder shall include with his bid type test certificates, issued by an approved,

reputed, independent testing laboratory. The type tests should have been carriedout in the last five years on equipment/materials of similar design/size/rating, asapplicable.

1. 6 Site Conditions

1.6.1 Local Conditions:

Basic Design Parameters Basic Design ValueAltitude 1000 to 5600metersAmbient Air Temperature: minimum -14.5oC

1

Section VI: Schedule of Supply 2

maximum 35.5oCAverage Annual Isokeraunic Level 75 thunderstorm daysAverage Annual Rainfall & Period 800-1000mm (May to September)Climate Varied (From tropical to severe winters)Relative Humidity 25-100%Seismic Acceleration: Horizontal Vertical

7.1 g0.05 g

Snow Incidence and period 150-300 mm (November to February)Solar Isolation 4.5 kWh/Sq. metre/dayType of Collector Flat Plate Double Glazed Absorption Efficiency > 78 %Sun hours 7-10 Hours Hot storage tank 1000 Liter, double jacket, Heat Exchanger Copper Heat Exchanger Efficiency Greater than 90%

1.6.2 Special Conditions

Equipment supplied under this Contract will be installed in locations which can be considered hostileto its proper operation. Factors which shall receive special consideration are operation in wide rangingtemperatures and the presence of insects and vermin.

Special consideration shall also be given to the characteristics of the equipment when installed ataltitudes up to 5600 m. Appropriate correction factors shall be applied to the characteristic values,where so specified by the standards.

2.0 Collector System

2.1 The collector should be double glazed flat plate collctor panels complying to IS 12933,EN12975 or similar standards with meeting the following specification:

Flat Plate Collector Specification

Collector

Description Specification

Type of absorber tube Copper tubes

Pressure drop 68.95 (1 psi) per collector


Absorptivity >0.95

Emissivity <0.2

Transfer medium volume 3.8-4.2 litres/collector


Gross are of collector 2.0-2.05 m2

Absorber area 1.73-1.75 m2

Stagnation Tem. max operation >160 0C

Maximum pressure >11.023 bar (160 psi)

Cover material Patterned single/double glazedtempered/toughened iron glass (4 mm min.)conforming to section -1 of IS: 12933(pt-2)/2003

Absorber

Type Copper

Surface treatment Black chromed with selective surface treatment

Construction type Fin & Tube (ultrasonic welding)

Header material Copper

Thermal insulation

Insulation material Rock wool/ Polyurethane/ glass wool

Insulation thickness Minimum-back: 50 mm; side 50 mm

Casing

Frame Aluminum alloy (Sea water resistant) with type,grade, size workmanship and finish of thematerial used shall be as per section-2 of IS:12933 (pt-2)/2003

Back plate Galvanized steel plate (minimum 0.5mm)/Aluminum

Sealing gasket EPDM (Ethylene Propylene Diene Monomer – Mclass rubber)

2.2 The collector system shall be warranted to provide at least 90% of the rated output efficiencyfor a minimum of twenty five years at sites ranging from tropical which included exposure to highambient temperatures, high humidity and frequent rain to sub-arctic temperatures below freezing andsnow cover. The collectors are intended to be used to supply sufficient heat for heating (1000 litres) ofwater per day on an average output temperature of 650 C. Reliability of service is an important

3


criterion and preference will be given for Solar Thermal System, which has a proven capacity underthe stated conditions. To receive that preference, suppliers must include details of prior qualifyingservice, a statement attesting that the solar thermal system offered are physically and thermallyequivalent to those used in that prior service.

2.3 For mounting the Solar Collectors, complete mounting structures including nuts & bolts,locking washers and any other accessories required should be provided. Collectors should be installedin parallel facing south with appropriate tilt angle, equal to 5-10O more than site latitude. The fixtureshould be suitable for mounting 1 ft. above plain ground.

2.4 All the accessories including joints, male/female should be provided for connection of solarcollectors in parallel.

3.0 Solar Storage Tank System

3.1 The solar storage tank should meet the following.

Solar Storage Tank (Hot water tank with heat exchanger)

Ready to install Play & plug design

Capacity 1000 litres

Insulation layerFoaming Polyurethane/Rock wool, thickness: 85mm

Outer tank material 0.8 mm Painted Steel

Tank stand 2 mm MS iron / SS (SS 304 / IS 1730) grade

Tail Stock ABS Plastic

Average daily efficiency >50%

Max standby loss in 24 hours 2.5 kWh

Heat exchanger Copper/SS 304/IS 1730 grade

Heat exchanger efficiency >92%

Working pressure 3-6 Pa

Inlet/Outlet pipe (primary loop) 3/4” dia

Inlet/Outlet pipe (secondary loop) 1/2” dia


Stagnation temperature 1600 C

Pressure relief value/safety value 6 bar

Other provisionsVent pipe / safety valve, blow down valve,Auxiliary heater of 12 kW

3.2 The storage tank should meet all the specifications mentioned above and should include allthe safety valves and measures in order to ensure the safety operation to the users.

3.3 The storage tank shall be properly installed at site using enamelled coated appropriate sizeangle iron stands, girder, cement concrete pedestals of 1:2:3 ratio or any other specific provisionsuitable to site to ensure the stability against heavy storm etc. but not less than 1'x1'x6" dimensions.

3.4 The mounting structure for the tank should be supplied which should withstand the weight ofempty tank plus the weight of (1000 litres) of water continuously considering factor of safety as 3.The distance from the ground to the bottom of the tank should be about 2.3 m.3.5 The warranty for main body of the tank should be for minimum of 3 years.3.6 Heat Exchanger For system designs requiring a heat exchanger, provide a minimum design pressure rating of 150 psi.Construct heat exchanger of 316 stainless steel / titanium / copper-nickel/ or brass. Furnish heatexchanger with a capability of withstanding temperatures of at least 240 °C. Tube-in-tube copperside-arm heat exchangers are acceptable for appropriate system types. All the elements of heatexchanger shall be as per relevant Indian Standard or as per TEMA Class C construction.

4.0 Pipe fittings/Valves & Accessories and PVC tank

4.1 The specification of the pipes and fittings are as follows:

1 Main gate valve 1/2" Brass 2 Non return valve 1/2" Brass 3 Non return valve 3/4" Brass 4 Hot water Pipes 3/4" GI B Class 5 Cold water pipes 1/2" GI B class 6 Water drain valve 3/4" GI Brass 7 Water tape 1/2" Brass 8 Union Joints 3/4" Brass 9 Elbows 1/2" GI B class

10 Reducing Tee (or strainer) 3/4" to 1/2" GI B Class

11 PVC tank2000litre, PVC/HDPE similar toBSR Civil – MT1668

4.2 All the materials should be a minimum of B Class and should comply with international standardof manufacturing and testing.

4.3 All the fittings, valves and accessories should warrant for a minimum of three years.

4.4 Insulation and Cladding

5


For all pipes except feed pipe, material - Rockwool or similar CFC free PUF insulation of 100mmthickness with density 28-32 kg/cu.m. and wrapped with material like material like chicken meshetc. as retainer and cladded with an aluminium sheet of thickness not less than 26 SWG.

4.5 Support structure

Non-corrosive material or have corrosion resistant Collectors, piping, tanks etc. protectivecoating.

The structure should be in the position to withstand a wind velocity of 120kms/hr, and shall befabricated with mild steel (MS) angle of size minimum 35mmX35mmX4mm. Structure should beraised on properly levelled ground / PCC plinth and shall integrate plumbing system so that nopipe should remain dangling.

4.6 Venting and Pressure Relief

Air venting at appropriate places to prevent air locking in the system should be provided. For thispurpose, the system shall have, at a suitable point, atmospheric pressure conditions preferably inthe high temperature zone.

Forced circulation systems and pressurized systems shall have a suitable expansion/make up tankat a high point in the system to ensure that collectors run full all the times with desired flow andpressures.

5. Monitoring Instrumentation

The specifications of the pipes and fittings are as follows

Thermometer Digital, Range 0 – 120 Deg C at hot water outlet or hot water tank Flowmeter /water meter

Mechanical or electromagnetic (digital) at cold water inlet

Strainer withspare mesh

At cold water inlet, ASTM A126 Class B cast iron or similar metal casting withstainless steel screen size of 250 micron.

Glycol containerand fittings

SS container of volume 5-10 liters with appropriate fasteners and level indicator,to be installed at easily approachable height ( or provisions should be made foreasy approach)

Glycol Anti freeze, edible Propylene- glycol

5.6. Temperature gauge must be installed at the secondary loop to indicate the temperature of thehot water system.

5.7. Glycol level indicator must be installed at the primary loop to indicate the level of Glycol inthe system

5.8. In case of forced circulation/ pressurized system, appropriate sensor and microcontrollerbased digital controls and instrumentation should be provided for automatic operations ofpump. Logic and circuit diagram for pump operation should be submitted to DRE and shall beinstalled nearby controller (on site).


6.0 Concrete Materials

6.1 The specification for concrete materials is as follows:

1 Cement Portland (kg)2 Sand fine (cu.m)3 Gravel medium (20-40 mm)

6.2 High quality Cement (Portland), Sand and Gravel should be supplied for concreting themounting structure for tank and collectors.

7.0 Packing and shipping

The equipment/material shall be packed in new containers. Groups of containers/cartons may bepacked in boxes whose total weight shall not exceed 200 kg.

a. Containers/cartons and boxes shall be strong and sturdy in construction to withstandocean shipping, several times loading and unloading at ports, transport on roughroads, storage for five years in tropical areas and hauling and handling during fielderection. The boxes should also be protected by suitable lagging or galvanized steelstrips.

b. A layer of waterproof materials shall be provided inside the container/carton andboxes to project the equipment from water seepage.

c. All cases shall be clearly identified giving particulars of manufacturer’s name andtype of equipment. All identification marks on the outside of cases shall bewaterproof and permanent. All electrical equipment shall be adequately sealed anddesiccating agents used where necessary to prevent damage from consideration.

8.0 Marking

The following information shall be marked on the containers/cartons as well as boxes:a. Supplier’s nameb. Identification numberc. Net/Gross weightd. Purchaser’s name with other dispatch particulars such as destination.

9.0 Labels

9.1 All equipment shall be provided with labels or name plates, giving a description of theequipment, together with information regarding the collector size, solar storage tank, workingtools and the like under which the item of plant in question has been designed to operate. Thelabels shall be provided on packaging to the Purchaser’s approval.

9.2 Such nameplates or labels are to be of non-corrodible, non-hygroscopic materials with letteringof a contrasting colour.

10.0 Technical Specification for installation & commissioning of the system

10.1 The hot water tank should be located at least 50cms above the outlet of the collector

10.2 The overhead cold water supply tank should be above the solar hot water tank to enablecold water to flow into it by gravity

7


10.3 Collectors will be tilted at an angle, equal to 5-10O more than latitude of installation site,from horizontal. The tilt will be pointing between South-South-East and South-South-Weston the magnetic compass with due south being the most preferred orientation.

10.4 The location of the collector will be chosen to be in the sun the maximum number of hoursper day. No shade should fall on the collector between 0900 and 1800 hours. Collectorsshould be installed at distance minimum 1.5 times the obstacle height, so as to avoid anyshadow.

10.5 Fence and gate: As per BSR Civil- RW 0215, BSR Civil- WW 0320 with Gate andsupporting pillars as per BSR Civil WW0320. At collector side, fence should be installed atdistance minimum 2m from collectors or 1.5-time fence height, whichever is maximum.

10.6 Standard Toolkit and Spares: Toolkit and spares shall be provided with system to enableminor repairing locally, it should include minimum following: Tools: Small hacksaw (6”), Pipe wrench, screwdriver, metal file, spanner set (as per need) Spares: Teflon tape/jute coir, 2 sq.m of insulation, 2 sq.m of aluminium cladding, strainermesh – 2 nos., binding wire 18-20 SWG (5m), plumbing fittings and fasteners (50% ofinstalled), washers and gaskets (100% of installed), multipurpose epoxy sealant M-sealsimilar (100gms)

10.7 System design and layout: at least 3 copies of detail system design (with heat exchangerdetails) with layout including circuit diagram of control circuit (as applicable) should besubmitted with system. One copy shall remain with ministry, one with beneficiary and third(laminated) copy shall be clearly displayed near system.


11.0 Delivery Schedule:

LineItem

No.Description of Goods Qty

Physicalunit

Final (Project Site) and contactNumbers

Delivery Date

EarliestDeliveryDate

LatestDeliveryDate

Bidder’s OfferedDelivery Date [to beprovided by theBidder]

9


1 Installation and Commissioningof solar water heating systems

7 Lot

1.Jakar Higher Secondary Schoolunder Bumthang Dzongkhag.Mr. Ngawang Jamtsho (Principal)Contact # 17614930

2.Sonam Kuenphen Higher SecondarySchool under Bumthang Dzongkhag. Mr. Duptho (Office Assistant)Contact # 17254029

3.Technical Training Institute underBumthang DzongkhagMr. Sangay Dorji (Vice Principal)Contact # 17883371

4.Chundu Armed Force Public Schoolunder Haa DzongkhagColonel Tenzin (Management)Contact # 17172828

5.Jampel Higher Secondary Schoolunder Haa DzongkhagMr. Dhendup Norbu (Proprietor)Contact # 17111478

6.Rinchenling Shedra, Bjena Gewog,Wangdue Dzongkhag. Lopen Kesang Jamtsho Contact # 77286926

7. Wangbama Central School underThimphu DzongkhagVice PrincipalContact # 77101809

1 month 2 months


N.B The prospective suppliers are advised to contact the respective heads of the institution if any site specific information are required forsubmitting competitive bids.

11


12.0 Installation and Commissioning of System

12.1 Installation Schedule

Service Description of Service Qty Final completion date ofservices from the date of issueof work order

1 Installation and Commissioning of solar water heatingsystems

7 2 months

12.2 Execution of installation works

The Contractor shall execute and complete the works and remedy any defects therein to thesatisfaction of the Employer in accordance with the provisions of the Contract. He shall provide allthe technical expertise, labor, materials, machinery and equipment, plant and temporary facilitiesnecessary for the installation of systems in accordance with the drawings, specifications, andinstructions provided by the Employer under the terms of the Contract.

The Contractor shall, with due care and diligence, design (to the extent provided for by theContract), execute and complete the works and remedy any defects therein in accordance with theprovisions of the Contract. The Contractor shall provide all superintendence, labour, materials,Plant, Contractor’s Equipments and all other things, whether of a temporary or permanent nature,required in and for such design, execution, completion and remedying of any defects, so far as thenecessity for providing the same is specified in or is reasonably to be inferred from the Contract.

12.3 Work Program

The Contractor shall prepare the Work Program for the execution of the works, if advisable, withthe use of spread sheet or any other networks or equivalent. One original and two copies of suchdiagram must be provided to the Employer not later than fourteen (14) days after thecommencement date. The work must cover all the activities for which the contractor is responsibleand must ensure that the resource required for the execution of each activity are or will beavailable and taken into account in setting activity duration.

12.4 Monitoring of Work Progress

At such time as will be agreed upon between the Employer and the Contractor, a periodic reviewvisits will be made by the Employer as deem appropriate and necessary. Based on the actualprogress achieved, if necessary, an up-date of the work program for the execution of the remainingworks will be prepared by the Contractor taking into account the effect of variations and additionalworks to be undertaken.

If delay is being encountered in the execution of the works as determined against the approvedwork program, the Employer and the Contractor shall, after examining the causes of the delay,agree on appropriate measures to be taken in order to make up the delay and to avoid further workslippages. The Employer’s acceptance of any revised work Program shall not relieve theContractor of his obligations under the contract.

12.5 Examination of Work

The Employer shall have the right to conduct whatever tests or inspections it may considernecessary to determine, whether or not, the work is being executed in accordance with theprovisions of the Contract. Such right may include examination of the quality of the workmanshipand conformity of the works to drawings and specifications.


If the Employer determines, after inspections, that workmanship or the works done are defective inany respects, he may reject the Works and demand that the Contractor rectifies the defects by re-executing the Works. If the Contractor fails within a reasonable period of time to such action asinstructed by the Employer, the Employer shall have the right to employ other persons to carry outthe same and the cost shall be borne by the Contractor.

12.6 Post Installation Services

The contractor has the obligation to ensure that the system remains operational for period of OneYear at no service charges to the beneficiaries from the date of commissioning the system. Furtherthe contractor shall commit to provide after sales services including but not limited servicing,repairing, supplying spares/glycol for minimum 5 years from the date of installation.

During the first 12 months, the defective part of the system components and services shall beprovided free of cost by contractor under supplier’s warranty obligation.

12.7 Transportation of Materials

General materials required for the installation of the systems are provided under supply contract.The contractor is also required to transport the necessary tools and other accessories and personnelrequired for the installation of the systems.

12.8 Guarantee of Works after Completion Date

The Contractor guarantees that the work performed shall be free from defects, that they complywith the prescribed specification, and that they passed the required performance requirements. Thisguarantee shall be spread over a Defect Liability Period of 12 months.

All above warranties are voided if it is shown that the user/beneficiary has caused damage to thesystem being claimed under warranty. However, the Employer reserves the right to determine ifthe systems have been deliberately damaged or misused by the beneficiary. In this case, the defaultbeneficiary will require making the system good at his/her on costs.

12.9 Workmanship acceptance by the Engineer

The workmanship and the quality requirements of the works carried out should be accepted by theEmployer through the issuance of Letter of Acceptance. To enable the Employer to issue suchletter, all deficiencies identified by the site Engineer must have been corrected before works can beconsidered completed. The evidence of the correction made must be verified and acceptableto the Employer.

13


Section VII. General Conditions of Contract

Table of Clauses

1. Definitions....................................................................................................................................................71

2. Contract Documents....................................................................................................................................72

3. Fraud and Corruption................................................................................................................................72

4 Interpretation...............................................................................................................................................74

5 Language......................................................................................................................................................75

6 Joint Venture, Consortium or Association................................................................................................75

7 Eligibility......................................................................................................................................................75

8 Notices...........................................................................................................................................................75

9 Governing Law............................................................................................................................................76

10 Settlement of Disputes.................................................................................................................................76

11 Inspections and Audit..................................................................................................................................76

12 Scope of Supplies.........................................................................................................................................76

13 Delivery and Documents.............................................................................................................................77

14 Supplier’s Responsibilities..........................................................................................................................77

15 Purchaser’s Responsibilities.......................................................................................................................77

16 Contract Price..............................................................................................................................................77

17 Terms of Payment........................................................................................................................................77

18 Taxes and Duties..........................................................................................................................................78

19 Performance Security..................................................................................................................................78

20 Copyright......................................................................................................................................................78

21 Confidential Information............................................................................................................................79

22 Subcontracting.............................................................................................................................................80

23 Specifications and Standards......................................................................................................................80

24 Packing and Documents..............................................................................................................................81

25 Insurance......................................................................................................................................................81

26 Transportation.............................................................................................................................................81

27 Inspections and Tests......................................................................................................................81


28 Liquidated Damages........................................................................................................................82

29 Warranty..........................................................................................................................................83

30 Patent Indemnity.............................................................................................................................83

31 Limitation of Liability.....................................................................................................................84

32 Change in Laws and Regulations...................................................................................................85

33 Force Majeure..................................................................................................................................85

34 Change Orders and Contract Amendments.................................................................................86

35 Extensions of Time..........................................................................................................................86

36 Termination......................................................................................................................................87

37 Assignment.......................................................................................................................................88

38 Export Restriction……………………………………………….………………………………..88

15

Section VII: General Conditions of Contract (GCC) 16

Section VII. General Conditions of Contract

1. Definitions 1.1 The following words and expressions shall have themeanings hereby assigned to them:

(a) Award of Contract means the decision of the Purchaserto enter into a Contract with the Supplier for supply anddelivery of the specified Goods, including any RelatedServices.

(b) Bid means an offer to supply Goods, including anyRelated Services, made in accordance with the terms andconditions set out in the Bidding Documents thatpreceded the placement of the Contract of which theseGCC form a part. The term “tender” is synonymous withthe term “Bid”.

(c) Bidder means an eligible individual or legal entity thatparticipated in the bidding process governed by theBidding Documents that preceded the placement of theContract of which these GCC form a part.

(d) Bidding Documents means the set of BiddingDocuments that preceded the placement of the Contractof which these GCC form a part, which were sold orissued by the Purchaser to potential Bidders, and inwhich the specifications, terms and conditions of theproposed procurement were prescribed.

(e) Contract Documents means the documents listed in theContract Agreement, including any amendments thereto.

(f) Contract Price means the price payable to the Supplieras specified in the Contract Agreement, subject to suchadditions and adjustments thereto or deductionstherefrom as may be made pursuant to the Contract.

(g) Day means calendar day.

(h) Delivery means the transfer of the Goods from theSupplier to the Purchaser in accordance with the termsand conditions set forth in the Contract Documents.

(i) GCC means the General Conditions of Contract.

(j) Goods means all of the commodities, raw materials,machinery and equipment, and/or other materials,including any object in solid, liquid or gaseous form thathas an economic utility or value and which can beexchanged or traded, that the Supplier is required to


supply to the Purchaser under the Contract.

(k) The Project Site, where applicable, means the placenamed in the SCC.

(l) Purchaser means the entity purchasing the Goods andRelated Services, as specified in the SCC.

(m) Related Services means the services incidental to thesupply of the Goods, such as insurance, installation,training and initial maintenance and other obligations ofthe Supplier under the Contract

(n) SCC means the Special Conditions of Contract.

(o) Subcontractor means any natural person, private orgovernment entity, or a combination thereof, includingits legal successors and permitted assigns, to whom anypart of the Goods to be supplied or execution of any partof the Related Services is subcontracted by the Supplier.

(p) Supplier means the natural person, private orgovernment entity, or a combination of the above, whoseBid to perform the Contract has been accepted by thePurchaser and is named as such in the Agreement, andincludes the legal successors or permitted assigns of theSupplier.

2. ContractDocuments

2.1 Subject to the order of precedence set forth in the ContractAgreement, all documents forming the Contract (and allparts thereof) are intended to be correlative,complementary and mutually explanatory. The ContractAgreement shall be read as a whole.

3. Fraud andCorruption

3.1 If the Purchaser determines that the Supplier has engaged incorrupt, fraudulent, collusive, coercive or obstructivepractices in competing for or in executing the Contract thenthe Purchaser may, after giving fourteen (14) days notice tothe Supplier, terminate the Supplier's employment under theContract and cancel the Contract, and the provisions ofGCC Clause 36 shall apply as if such termination has beenmade under GCC Sub-Clause 36.1.

3.2 Should any employee of the Supplier be determined to haveengaged in corrupt, fraudulent, collusive, coercive orobstructive practice during the purchase of the Goods, thenthat employee shall be removed.

3.3 For the purposes of this Sub-Clause:

(a) “corrupt practice”10 is the offering, giving, receiving

17


or soliciting, directly or indirectly, of anything ofvalue11 to influence improperly the actions of anotherparty;

(b) “fraudulent practice”12 is any intentional act oromission, including a misrepresentation, thatknowingly or recklessly misleads, or attempts tomislead, a party to obtain a financial or other benefitor to avoid an obligation;

(c) “collusive practice”13 is an arrangement between twoor more parties designed to achieve an improperpurpose, including to influence improperly the actionsof another party;

(d) “coercive practice”14 is impairing or harming, orthreatening to impair or harm, directly or indirectly,any party or the property of the party to influenceimproperly the actions of a party;

(e) “obstructive practice” is

(i) deliberately destroying, falsifying, altering orconcealing of evidence material to theinvestigation or making false statements toinvestigators in order materially to impede anyinvestigation into allegations of a corrupt,fraudulent, coercive or collusive practice; and/orthreatening, harassing or intimidating any partyto prevent it from disclosing its knowledge ofmatters relevant to the investigation or frompursuing the investigation; or

(ii) acts intended materially to impede the exerciseof the inspection and audit rights of thePurchaser and/or any other relevant RGoBagency provided for under GCC Clause 11.

3.4 Any communications between the Supplier and thePurchaser related to matters of alleged fraud orcorruption must be made in writing.

4 Interpretation 4.1 If the context so requires it, singular means plural and

4.2 Incoterms

(a) Unless inconsistent with any provision of theContract or otherwise specified in the SCC, themeaning of any trade term and the rights andobligations of parties thereunder shall be asprescribed by Incoterms.

(b) The terms EXW, CIF, CIP and other similar


terms, when used, shall be governed by the rulesprescribed in the current edition of Incotermsspecified in the SCC and published by theInternational Chamber of Commerce in Paris,France.

4.3 Entire Agreement

The Contract constitutes the entire agreement between thePurchaser and the Supplier and supersedes allcommunications, negotiations and agreements (whetherwritten or oral) of the parties with respect thereto madeprior to the date of Contract.

4.4 Amendment

No amendment or other variation of the Contract shall bevalid unless it is in writing, is dated, expressly refers tothe Contract, and is signed by a duly authorizedrepresentative of each party thereto.

4.5 Non-waiver

(a) Subject to GCC Sub-Clause 4.5 (b) below, no relaxation,forbearance, delay or indulgence by either party inenforcing any of the terms and conditions of the Contractor the granting of time by either party to the other shallprejudice, affect or restrict the rights of that party underthe Contract, neither shall any waiver by either party ofany breach of Contract operate as waiver of anysubsequent or continuing breach of Contract.

(b)Any waiver of a party’s rights, powers or remedies underthe Contract must be in writing, dated and signed by anauthorized representative of the party granting suchwaiver, and must specify the right and the extent to whichit is being waived.

4.6 Severability

If any provision or condition of the Contract is prohibitedor rendered invalid or unenforceable, such prohibition,invalidity or unenforceability shall not affect the validityor enforceability of any other provisions and conditions ofthe Contract.

5 Language 5.1 The Contract, as well as all correspondence anddocuments relating to the Contract exchanged by theSupplier and the Purchaser, shall be written in thelanguage specified in the SCC. Supporting documents andprinted literature that are part of the Contract may be inanother language provided they are accompanied by anaccurate translation of the relevant passages in the

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language specified in the SCC, in which case, forpurposes of interpretation of the Contract, the translationshall govern.

5.2 The Supplier shall bear all costs of translation to thegoverning language and all risks of the accuracy of suchtranslation, for documents provided by the Supplier.

6 Joint Venture,Consortium orAssociation

6.1 If the Supplier is a joint venture, consortium orassociation, all of the parties shall be jointly andseverally liable to the Purchaser for the fulfillment of theprovisions of the Contract and shall designate one partyto act as a leader with authority to bind the joint venture,consortium or association. The composition or theconstitution of the joint venture, consortium orassociation shall not be altered without the prior consentof the Purchaser.

7 Eligibility 7.1 The Supplier and its Subcontractors shall have thenationality of an eligible country. A Supplier orSubcontractor shall be deemed to have the nationality ofa country if it is a citizen or constituted, incorporated, orregistered, and operates in conformity with the provisionsof the laws of that country.

7.2 All Goods and Related Services to be supplied under theContract shall have their origin in Eligible Countries. Forthe purpose of this Clause, origin means the country wherethe Goods have been grown, mined, cultivated, produced,manufactured or processed; or through manufacture,processing or assembly, another commercially recognizedarticle results that differs substantially in its basiccharacteristics from its components.

8 Notices 8.1 Any notice given by one party to the other pursuant to theContract shall be in writing to the address specified in theSCC. The term “in writing” means communicated inwritten form, including electronic communication, withproof of receipt.

8.2 A notice shall be effective when delivered or on thenotice’s effective date, whichever is later.

9 Governing Law 9.1 The Contract shall be governed by and interpreted inaccordance with the laws of Bhutan.

10 Settlement ofDisputes

10.1 The Purchaser and the Supplier shall make every effort toresolve amicably by direct informal negotiation any

10.2 If, after thirty (30) days, the parties have failed to resolvetheir dispute or difference by such mutual consultation,either the Purchaser or the Supplier may give notice to theother party of its intention to commence arbitration, as


hereinafter provided, as to the matter in dispute. Noarbitration in respect of this matter may be commencedunless such notice is given. Any dispute or difference inrespect of which a notice of intention to commencearbitration has been given in accordance with this Clauseshall be finally settled by arbitration. Arbitration may becommenced prior to or after delivery of the Goods underthe Contract. Arbitration proceedings shall be conductedin accordance with the rules of procedure specified in theSCC.

10.3 Notwithstanding any reference to arbitration herein,

(a) the parties shall continue to perform their respectiveobligations under the Contract unless they otherwiseagree; and

(b) the Purchaser shall pay the Supplier any monies duethe Supplier.

11 Inspections andAudit

11.1 The Supplier shall permit the Purchaser and/or personsappointed by the Purchaser to inspect the Supplier’s officesand/or the accounts and records of the Supplier and itsSubcontractors relating to the performance of the Contract,and to have such accounts and records audited by auditorsappointed by the Purchaser if so required by the Purchaser.The Supplier’s attention is drawn to GCC Clause 3, whichprovides, inter alia, that acts intended materially to impedethe exercise of the inspection and audit rights provided forunder this GCC Sub-Clause 11.1 constitute a prohibitedpractice subject to contract termination (as well as to adetermination of ineligibility under ITB Sub-Clause 2.1 (c)of the Instructions to Bidders that preceded the placementof the Contract of which these GCC form a part).

12 Scope of Supplies 12.1 The Goods and Related Services to be supplied shall be asspecified in the Schedule of Supply.

12.2 Unless otherwise stipulated in the Contract, the Supplyshall include all such items not specifically mentioned inthe Contract but that can be reasonably inferred from theContract as being required for attaining Delivery of theGoods and Completion of the Related Services as if suchitems were expressly mentioned in the Contract.

13 Delivery andDocuments

13.1 Subject to GCC Sub-Clause 34.1, the delivery of theGoods and completion of the Related Services shall be inaccordance with the delivery and completion requirementsspecified in the Schedule of Supply. The details ofshipping and other documents to be furnished by theSupplier are specified in the SCC.

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14 Supplier’sResponsibilities

14.1 The Supplier shall supply all the Goods and RelatedServices included in the Scope of Supplies in accordancewith GCC Clause 12, and the delivery and completionrequirements as per GCC Clause 13.

15 Purchaser’sResponsibilities

15.1 Whenever the supply of Goods and Related Servicesrequires that the Supplier obtain permits, approvals and/orimport and other licenses or similar permissions fromBhutanese public authorities, the Purchaser shall, if sorequired by the Supplier, use its best efforts to assist theSupplier in complying with such requirements in a timelyand expeditious manner, but without incurring any costs.

16 Contract Price 16.1 The Contract Price shall be as specified in the ContractAgreement subject to any additions and adjustmentsthereto or deductions therefrom as may be made pursuantto the Contract.

16.2 Prices charged by the Supplier for the Goods supplied andthe Related Services performed under the Contract shallnot vary from the prices quoted by the Supplier in its Bid,with the exception of any price adjustments authorized inthe SCC.

17 Terms of Payment 17.1 The Contract Price, including any Advance Payments, ifapplicable, shall be paid as specified in the SCC.

17.2 The Supplier’s request for payment shall be made to thePurchaser in writing, accompanied by invoicesdescribing, as appropriate, the Goods delivered andRelated Services performed, and by the documentssubmitted pursuant to GCC Clause 13 and uponfulfillment of all the obligations stipulated in theContract.

17.3 Payments shall be made promptly by the Purchaser, nolater than thirty (30) days after the submission of verifiedinvoice or request for payment by the Supplier, and thePurchaser has accepted it.

17.4 The currencies in which payments shall be made to theSupplier under this Contract shall be those in which theBid Price is expressed.

17.5 In the event that the Purchaser fails to pay the Supplierany payment by its due date or within the period set forthin the SCC, the Purchaser shall pay to the Supplierinterest on the amount of such delayed payment at the rateshown in the SCC, for the period of delay until paymenthas been made in full, whether before or after judgment orarbitrage award.


18 Taxes and Duties 18.1 For Goods manufactured outside Bhutan the Supplier shallbear and pay all applicable taxes, stamp duties, licencefees and other similar levies imposed outside Bhutan.

18.2 For Goods manufactured within Bhutan the Supplier shallbear and promptly pay all applicable taxes, duties, licencefees and other similar levies incurred until delivery of thecontracted Goods to the Purchaser.

18.3 If any tax exemptions, reductions, allowances orprivileges may be available to the Supplier in Bhutan thePurchaser shall use its best efforts to enable the Supplierto benefit from any such tax savings to the maximumallowable extent.

19 PerformanceSecurity

19.1 The Supplier shall, within fifteen (15) working days of thenotification of contract award, provide a PerformanceSecurity for the due performance of the Contract in theamount and currency specified in the SCC.

19.2 The proceeds of the Performance Security shall be payableto the Purchaser as compensation for any loss resultingfrom the Supplier’s failure to complete its obligationsunder the Contract.

19.3 The Performance Security shall be denominated in thecurrency (ies) of the Contract or in a freely convertiblecurrency acceptable to the Purchaser, shall be valid untilthe successful completion of the Supplier’s performanceobligations under the Contract, including any warrantyobligations, and shall be in one of the forms stipulated bythe Purchaser in the SCC.

19.4 The Performance Security shall be discharged by thePurchaser and returned to the Supplier not later than thirty(30) days following the date of completion of theSupplier’s performance obligations under the Contract,including any warranty obligations, unless specifiedotherwise in the SCC,.

20 Copyright 20.1 The copyright in all drawings, documents and othermaterials containing data and information furnished to thePurchaser by the Supplier shall remain vested in theSupplier, or, if they are furnished to the Purchaser directlyor through the Supplier by any third party, includingsuppliers of materials, the copyright in such materialsshall remain vested in such third party.

21 ConfidentialInformation

21.1 The Purchaser and the Supplier shall keep confidential andshall not, without the written consent of the other partyhereto, divulge to any third party any documents, data or

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other information furnished directly or indirectly by theother party hereto in connection with the Contract,whether such information has been furnished prior to,during or following completion or termination of theContract. Notwithstanding the above, the Supplier mayfurnish to its Subcontractor(s) such documents, data andother information as it receives from the Purchaser to theextent required for the Subcontractor(s) to performits/their work under the Contract, in which event theSupplier shall obtain from such Subcontractor(s) anundertaking of confidentiality similar to that imposed onthe Supplier under GCC Clause 21.

21.2 The Purchaser shall not use such documents, data andother information received from the Supplier for anypurposes unrelated to the Contract. Similarly, theSupplier shall not use such documents, data and otherinformation received from the Purchaser for any purposeother than the design, procurement or other work andservices required for the performance of the Contract.

21.3 The obligation of a party under GCC Sub-Clauses 21.1and 21.2 above, however, shall not apply to informationthat:

(a) the Purchaser or Supplier needs to share with theRGoB or other institutions participating in thefinancing of the Contract;

(b) now or hereafter enters the public domain throughno fault of that party;

(c) can be proven to have been possessed by thatparty at the time of disclosure and which was notpreviously obtained, directly or indirectly, fromthe other party; or

(d) otherwise lawfully becomes available to that partyfrom a third party that has no obligation ofconfidentiality.

21.4 The above provisions of GCC Clause 21 shall not in anyway modify any undertaking of confidentiality given byeither of the parties hereto prior to the date of theContract in respect of the Supply or any part thereof.


21.5The provisions of GCC Clause 21 shall survive completionor termination, for whatever reason, of the Contract.

22 Subcontracting 22.1 The Supplier shall notify the Purchaser in writing of allsubcontracts awarded under the Contract if not alreadyspecified in the Bid. Such notification, in the original Bidor later, shall not relieve the Supplier of any of itsobligations, duties, responsibilities or liabilities under theContract.

22.2 Subcontracts shall comply with the provisions of GCCClauses 3 and 7.

23 Specifications andStandards

23.1 Technical Specifications and Drawings:

(a) The Goods and Related Services supplied underthis Contract shall conform to the technicalspecifications and standards stipulated in SectionVI, Schedule of Supply and, when no applicablestandard is mentioned, the standard shall beequivalent or superior to the official standardswhose application is appropriate to the Goods’country of origin.

(b) The Supplier shall be entitled to disclaimresponsibility for any design, data, drawing,specification or other document, or anymodification thereof provided or designed by oron behalf of the Purchaser, by giving a notice ofsuch disclaimer to the Purchaser.

(c) Wherever references are made in the Contract tocodes and standards in accordance with which itshall be executed, the editions or the revisedversions of such codes and standards shall bethose specified in the Schedule of Supply. DuringContract execution, any changes in any suchcodes and standards shall be applied only afterapproval by the Purchaser and shall be treated inaccordance with GCC Clause 34.

24 Packing andDocuments

24.1 The Supplier shall provide such packing of the Goods asis required to prevent their damage or deteriorationduring transit to their final destination, as indicated in theContract. During transit, the packing shall be sufficient towithstand, without limitation, rough handling andexposure to extreme temperatures, salt and precipitation,and open storage. Packing case sizes and weights shall

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take into consideration, where appropriate, theremoteness of the Goods’ final destination and theabsence of heavy handling facilities at all points intransit.

24.2 The packing, marking and documentation within andoutside the packages shall comply strictly with suchspecial requirements as shall be expressly provided for inthe Contract, including additional requirements, if any,specified in the SCC, and in any other instructionsordered by the Purchaser.

25 Insurance 25.1 Unless otherwise specified in the SCC the Goodssupplied under the Contract shall be fully insured, in afreely convertible currency from an eligible country,against loss or damage incidental to manufacture oracquisition, transportation, storage and delivery, inaccordance with the applicable Incoterms or in themanner specified in the SCC.

26 Transportation 26.1 Unless otherwise specified in the SCC, responsibility forarranging transportation of the Goods shall be inaccordance with the specified Incoterms.

27 Inspections andTests

27.1 At its own expense and at no cost to the Purchaser the

27.2 The inspections and tests may be conducted on thepremises of the Supplier or its Subcontractor, at point ofdelivery, and/or at the Goods’ final destination, or inanother place in Bhutan as specified in the SCC. Subjectto GCC Sub-Clause 27.3, if conducted on the premises ofthe Supplier or its Subcontractor, all reasonable facilitiesand assistance, including access to drawings andproduction data, shall be furnished to the inspectors at nocharge to the Purchaser.

27.3 The Purchaser or its designated representative shall beentitled to attend the tests and/or inspections referred to inGCC Sub-Clause 27.2, provided that the Purchaser bearsall of its own costs and expenses incurred in connectionwith such attendance including, but not limited to, alltravelling and board and lodging expenses.

27.4 Whenever the Supplier is ready to carry out any such testand inspection, it shall give reasonable advance notice,including the place and time, to the Purchaser. TheSupplier shall obtain from any relevant third party ormanufacturer any necessary permission or consent toenable the Purchaser or its designated representative toattend the test and/or inspection.

27.5 The Purchaser may require the Supplier to carry out anytest and/or inspection not required by the Contract but


deemed necessary to verify that the characteristics andperformance of the Goods comply with the technicalspecifications, codes and standards under the Contract,provided that the Supplier’s reasonable costs andexpenses incurred in the carrying out of such test and/orinspection shall be added to the Contract Price. Further, ifsuch test and/or inspection impedes the progress ofmanufacturing and/or the Supplier’s performance of itsother obligations under the Contract, due allowance will bemade in respect of the Delivery Dates and CompletionDates and the other obligations so affected.

27.6 The Supplier shall provide the Purchaser with a report ofthe results of any such test and/or inspection.

27.7 The Purchaser may reject any Goods or any part thereofthat fail to pass any test and/or inspection or do notconform to the specifications. The Supplier shall eitherrectify or replace such rejected Goods or parts thereof ormake alterations necessary to meet the specifications at nocost to the Purchaser, and shall repeat the test and/orinspection, at no cost to the Purchaser, upon giving anotice pursuant to GCC Sub-Clause 27.4.

27.8 The Supplier agrees that neither the execution of a testand/or inspection of the Goods or any part thereof, nor theattendance by the Purchaser or its representative, nor theissue of any report pursuant to GCC Sub-Clause 27.6,shall release the Supplier from any warranties or otherobligations under the Contract.

28 LiquidatedDamages

28.1 Except as provided for under GCC Clause 33, if theSupplier fails to deliver any or all of the Goods by thedate(s) of delivery or fails to perform the Related Serviceswithin the period specified in the Contract, the Purchasermay, without prejudice to all its other remedies under theContract, deduct from the Contract Price, as liquidateddamages, a sum equivalent to the percentage specified inthe SCC of the delivered price of the delayed Goods orunperformed Services for each week or part thereof ofdelay until actual delivery or performance, up to amaximum deduction of the percentage specified in thoseSCC. Once the maximum is reached, the Purchaser mayterminate the Contract pursuant to GCC Clause 36.

29 Warranty 29.1 The Supplier warrants that all the Goods are new, unused,and of the most recent or current models, and that they

29.2 Subject to GCC Sub-Clause 23.1 (b), the Supplier furtherwarrants that the Goods shall be free from defects arisingfrom any act or omission of the Supplier or arising from

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design, materials and workmanship, under normal use inthe conditions prevailing in Bhutan.

29.3 Unless otherwise specified in the SCC, the warranty shallremain valid for twelve (12) months after the Goods, orany portion thereof as the case may be, have beendelivered to and accepted at the final destination indicatedin the SCC, or for eighteen (18) months after the date ofshipment from the port or place of loading in the countryof origin, whichever period concludes earlier.

29.4 The Purchaser shall give notice to the Supplier stating thenature of any such defects together with all availableevidence thereof, promptly following the discoverythereof. The Purchaser shall afford all reasonableopportunity for the Supplier to inspect such defects.

29.6 Upon receipt of such notice, the Supplier shall, within theperiod specified in the SCC, expeditiously repair orreplace the defective Goods or parts thereof, at no cost tothe Purchaser.

29.7 If, having been notified, the Supplier fails to remedy thedefect within the period specified in the SCC, thePurchaser may proceed to take within a reasonable periodsuch remedial action as may be necessary, at theSupplier’s risk and expense and without prejudice to anyother rights which the Purchaser may have against theSupplier under the Contract.

30 Patent Indemnity 30.1 The Supplier shall, subject to the Purchaser’s compliancewith GCC Sub-Clause 30.2, indemnify and hold harmlessthe Purchaser and its employees and officers from andagainst any and all suits, actions or administrativeproceedings, claims, demands, losses, damages, costs andexpenses of any nature, including attorney’s fees andexpenses, which the Purchaser may suffer as a result of anyinfringement or alleged infringement of any patent, utilitymodel, registered design, trademark, copyright or otherintellectual property right registered or otherwise existing atthe date of the Contract by reason of:

a) the installation of the Goods by the Supplier orthe use of the Goods in Bhutan; and

b) the sale in any country of the products producedby the Goods.

Such indemnity shall not cover any use of the Goods orany part thereof other than for the purpose indicated by orreasonably to be inferred from the Contract, neither anyinfringement resulting from the use of the Goods or anypart thereof, or any products produced thereby inassociation or combination with any other equipment,


plant or materials not supplied by the Supplier, pursuantto the Contract.

30.2 If any proceedings are brought or any claim is madeagainst the Purchaser arising out of the matters referred toin GCC Sub-Clause 30.1, the Purchaser shall promptlygive the Supplier notice thereof, and the Supplier may atits own expense and in the Purchaser’s name conductsuch proceedings or claim and any negotiations for thesettlement of any such proceedings or claim.

30.3 If the Supplier fails to notify the Purchaser within thirty(30) days after receipt of such notice that it intends toconduct any such proceedings or claim, then thePurchaser shall be free to conduct the same on its ownbehalf.

30.4 The Purchaser shall, at the Supplier’s request, afford allavailable assistance to the Supplier in conducting suchproceedings or claim, and shall be reimbursed by theSupplier for all reasonable expenses incurred in so doing.

30.6 The Purchaser shall indemnify and hold harmless theSupplier and its employees, officers and Subcontractorsfrom and against any and all suits, actions oradministrative proceedings, claims, demands, losses,damages, costs and expenses of any nature, includingattorney’s fees and expenses, which the Supplier maysuffer as a result of any infringement or allegedinfringement of any patent, utility model, registereddesign, trademark, copyright or other intellectualproperty right registered or otherwise existing at the dateof the Contract arising out of or in connection with anydesign, data, drawing, specification or other documentsor materials provided or designed by or on behalf of thePurchaser.

31 Limitation ofLiability

31.1 Except in cases of gross negligence or willfulmisconduct:

(a) neither party shall be liable to the other party,whether in contract, tort or otherwise, for anyindirect or consequential loss or damage, loss ofuse, loss of production, or loss of profits orinterest costs, provided that this exclusion shallnot apply to any obligation of the Supplier to payliquidated damages to the Purchaser; and

(b) the aggregate liability of the Supplier to thePurchaser, whether under the Contract, in tort orotherwise, shall not exceed the total Contract

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Price, provided that this limitation shall not applyto the cost of repairing or replacing defectiveequipment, or to any obligation of the Supplier toindemnify the Purchaser with respect to patentinfringement.

32 Change in Lawsand Regulations

32.1 Unless otherwise specified in the Contract if, after thedate thirty (30) days prior to the date of Bid submission,any law, regulation, ordinance, order or bylaw having theforce of law is enacted, promulgated, abrogated orchanged in Bhutan (which shall be deemed to include anychange in interpretation or application by the competentauthorities) that subsequently affects theDelivery/Completion Schedule and/or the Contract Price,then such Delivery/Completion Schedule and/or ContractPrice shall be correspondingly increased or decreased, tothe extent that the Supplier has thereby been affected inthe performance of any of its obligations under theContract. Notwithstanding the foregoing, such additionalor reduced cost shall not be separately paid or credited ifthe same has already been accounted for in the priceadjustment provisions where applicable, in accordancewith GCC Sub-Clause 16.2.

33 Force Majeure 33.1 The Supplier shall not be liable for forfeiture of itsPerformance Security, liquidated damages or terminationfor default if and to the extent that it’s delay inperformance or other failure to perform its obligationsunder the Contract is the result of an event of ForceMajeure.

33.2 For purposes of this Clause, “Force Majeure” means anevent or situation beyond the control of the Supplier thatis not foreseeable, is unavoidable, and its origin is not dueto negligence or lack of care on the part of the Supplier.Such events may include, but not be limited to, acts of thePurchaser in its sovereign capacity, wars or revolutions,fires, floods, epidemics, quarantine restrictions and freightembargoes.

33.3 If a Force Majeure situation arises, the Supplier shallpromptly notify the Purchaser in writing of such conditionand the cause thereof. Unless otherwise directed by thePurchaser in writing, the Supplier shall continue toperform its obligations under the Contract as far as isreasonably practical, and shall seek all reasonablealternative means for performance not prevented by theForce Majeure event.

34 Change Ordersand ContractAmendments

34.1 The Purchaser may at any time order the Supplier throughnotice in accordance with GCC Clause 8 to make changeswithin the general scope of the Contract in any one or


more of the following:

(a) drawings, designs or specifications, where Goodsto be furnished under the Contract are to bespecifically manufactured for the Purchaser;

(b) the method of shipment or packing;

(c) the place of delivery; and

(d) the Related Services to be provided by the Supplier.

34.2 If any such change causes an increase or decrease in thecost of, or the time required for, the Supplier’sperformance of any provisions under the Contract, anequitable adjustment shall be made in the Contract Priceor in the Delivery/Completion Schedule, or both, and theContract shall accordingly be amended. Any claims by theSupplier for adjustment under this Clause must be assertedwithin thirty (30) days from the date of the Supplier’sreceipt of the Purchaser’s change order.

34.3 Prices to be charged by the Supplier for any RelatedServices that might be needed but which were notincluded in the Contract shall be agreed upon in advanceby the parties and shall not exceed the prevailing ratescharged to other parties by the Supplier for similarservices.

34.4 Subject to the above, no variation in or modification of theterms of the Contract shall be made except by writtenamendment by the parties.

35 Extensions of Time 35.1 If at any time during performance of the Contract theSupplier or its subcontractors should encounterconditions impeding timely delivery of the Goods orcompletion of Related Services pursuant to GCC Clause13, the Supplier shall promptly notify the Purchaser inwriting of the delay, its likely duration, and its cause. Assoon as practicable after receipt of the Supplier’s notice,the Purchaser shall evaluate the situation and may at itsdiscretion extend the Supplier’s time for performance, inwhich case the extension shall be ratified by the partiesby amendment of the Contract.

35.2 Except in case of Force Majeure, as provided under GCCClause 33, a delay by the Supplier in the performance ofits Delivery and Completion obligations shall render theSupplier liable to the imposition of liquidated damagespursuant to GCC Clause 28, unless an extension of timeis agreed upon, pursuant to GCC Sub-Clause 35.1.

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36 Termination 36.1 Termination for Default

(a) The Purchaser, without prejudice to any otherremedy for breach of Contract, by written notice ofdefault sent to the Supplier, may terminate theContract in whole or in part:

(i) if the Supplier fails to deliver any or all ofthe Goods within the period specified in theContract, or within any extension thereofgranted by the Purchaser pursuant to GCCSub-Clause 35.1; or

(ii) if the Supplier fails to perform any otherobligation under the Contract; or

(iii) if the Supplier, in the judgment of thePurchaser has engaged in fraud andcorruption, as defined in GCC Clause 3, incompeting for or in executing the Contract.

(b) In the event the Purchaser terminates the Contract inwhole or in part, pursuant to GCC Clause 36.1(a),the Purchaser may procure, upon such terms and insuch manner as it deems appropriate, Goods orRelated Services similar to those undelivered or notperformed, and the Supplier shall be liable to thePurchaser for any additional costs for such similarGoods or Related Services. However, the Suppliershall continue performance of the Contract to theextent not terminated.

36.2 Termination for Insolvency

The Purchaser may at any time terminate the Contract bygiving notice to the Supplier if the Supplier becomesbankrupt or otherwise insolvent. In such event,termination shall be without compensation to theSupplier, provided that such termination shall notprejudice or affect any right of action or remedy that hasaccrued or will accrue thereafter to the Purchaser.

36.3 Termination for Convenience.

()a The Purchaser, by notice sent to the Supplier, mayterminate the Contract, in whole or in part, at anytime for its convenience. The notice of terminationshall specify that termination is for the Purchaser’sconvenience, the extent to which performance of theSupplier under the Contract is terminated, and thedate upon which such termination becomes effective.

()b The Goods that are complete and ready for shipmentwithin thirty (30) days after the Supplier’s receipt ofnotice of termination shall be accepted by the


Purchaser at the Contract terms and prices. For theremaining Goods, the Purchaser may elect:

(i) to have any portion completed and delivered atthe Contract terms and prices; and/or

(ii) to cancel the remainder and pay to the Supplieran agreed amount for partially completedGoods and Related Services and for materialsand parts previously procured by the Supplier.

37 Assignment 37.1 Neither the Purchaser nor the Supplier shall assign, inwhole or in part, their obligations under this Contract,except with the prior written consent of the other party.

38. ExportRestriction

38.1 Notwithstanding any obligation under the Contract tocomplete all export formalities, any export restrictionsattributable to the Purchaser, to Bhutan, or to the use ofthe products/Goods, systems or services to be supplied,which arise from trade regulations from a countrysupplying those products/Goods, systems or services, andwhich substantially impede the Supplier from meeting itsobligations under the Contract, shall release the Supplierfrom the obligation to provide deliveries or services,always provided, however, that the Supplier candemonstrate to the satisfaction of the Purchaser that it hascompleted all formalities in a timely manner, includingapplying for permits, authorizations and licensesnecessary for the export of the products/Goods, systemsor services under the terms of the Contract. Terminationof the Contract on this basis shall be for the Purchaser’sconvenience pursuant to Sub-Clause 36.3.

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Section VIII. Special Conditions of Contract (SCC)

Section VIII. Special Conditions of Contract

The following Special Conditions of Contract (SCC) shall supplement and/or amend theGeneral Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shallprevail over those in the GCC.

1.1 (k) The Project Site(s)/Final Destination(s) is/are; Supply, Installation andCommissioning of solar water heating systems under section VI- Scheduleof supply

1.1 (l) The Purchaser is: Alternate Energy Division, Department of RenewableEnergy, Ministry of Economic Affairs, Royal Government of Bhutan

GCC 4.2 (a) The meaning of the trade terms shall be as prescribed by Incoterms.

GCC 4.2 (b) The version of Incoterms shall be: CIP delivery schedule

GCC 5.1 The language shall be: English

GCC 8.1 For notices, the addresses shall be:

For the Purchaser:

Attention: Mr. Chhimi Dorji, Offtg. Chief Engineer, Alternate EnergyDivision, Department of Renewale Energy, Ministry of Economic Affairs,Thimphu: Bhutan

Facsimile number: +975 -2-321688

Electronic mail address: [email protected]

GCC 9 The governing law shall be the law of the Kingdom of Bhutan.

GCC 10.2 The rules of procedure for arbitration proceedings pursuant to GCC Sub-Clause 10.2 shall be as follows:

(a) Contract with a foreign Supplier:

GCC 10.2 (a)—Any dispute, controversy or claim arising out of or relating tothis Contract, or breach, termination or invalidity thereof, shall be settled byarbitration in accordance with the UNCITRAL Arbitration Rules as at presentin force.

(b) (b) Contract with a Bhutanese Supplier:

10

11

12

13

14

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mailto:[email protected]


In the case of a dispute between the Purchaser and a Bhutanese Supplier, thedispute shall be referred to adjudication or arbitration in accordance with thelaws of Bhutan.

GCC 13.1 Details of Shipping and other Documents to be furnished by the Supplier are:

1. Copies of thesupplier’s invoice showing Good’s description,quantity, unit price, and the total amount

2. Original and two copies of the negotiable, clean, on-board bill oflading marked “freight prepaid” and two copies of non-negotiablebill of lading.

3. Copies of the packing list identifying contents of each package.

4. Insurance certificate

5. Manufacturer’s or supplier’s warranty certificate

6. Inspection certificate, nominated inspection agency, and thesupplier’s factory inspection report, and

7. Certificate of origin

The above documents shall be received by the Purchaser before arrival of theGoods and, if not received, the Supplier will be responsible for anyconsequent expenses.

GCC 16.2 The prices charged for the Goods supplied and the related Services performed“shall not” be adjustable.

GCC 17.1 Payment for Goods and Services supplied:

Payment of the foreign currency portion shall be made in Bhutan Ngultrum(BTN):

(i) On Signing of the Contract: Ten percent (10%) of the Contract Priceshall be paid within thirty (30) days of signing of the Contract.

(ii) On Delivery: Eighty percent (80%) of the Contract Price shall be paidwithin thirty (30) days after commissioning of the solar water heatingsystems along with receipt of test certificates, performance guarantee etcin original and to the full satisfaction of the Purchaser and uponsubmission of the documents specified in GCC Clause 13.

(iii) On expiry of defect liability: The remaining ten percent (10%) of theContract Price shall be paid to the Supplier within thirty (30) days afterthe expiry of defect liability period which is of one year from the date ofacceptance of the installation works by employer in working condition.However, this amount could also be paid if the supplier furnishes an

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unconditional bank guarantee encashable in any financial institutions inBhutan that covers defective liability period. This money shall be used asretention money to serve as guarantee that any defects discovered duringthe defect liability period shall be covered.

GCC 17.5 The payment delay period after which the Purchaser shall pay interest to thesupplier shall be 30 days.

The interest rate that shall be applied is 10 % per annum.

GCC 19.1 The amount of the Performance Security shall be: 10% of the contractamount should be submitted to the purchaser within 15 days after thenotice of contract.

GCC 19.3 The types of acceptable Performance Securities are:

()i Unconditional bank guarantee issued by financialinstitution located in Bhutan and acceptable to thePurchaser, in the form provided for in the Contract orin any other form acceptable to the Purchaser, or

()ii Cash warrant, or

()iii Demand draft.

GCC 19.4 Discharge of Performance Security shall take place: Within 30 daysfollowing the date of completion of supplier’s performance obligationsunder the contract.

GCC 24.2 The packing, marking and documentation within and outside the packagesshall be: The supplier shall pack all the Goods as is required to preventdamage or deterioration in transit to the final destination indicated in theBidding Documents. The packing should be sufficient to withstand roughhandling and exposure to extreme temperatures, salt and precipitationduring transit and/or storage. The materials shall be individually packedwith esternal transducer box, rubber gasket for vibration proof, card board,etc. and then packed in strong non returnable wooden crates.

GCC 25.1 The responsibility to insure all goods under the contract against any risksduring transportation and related charges to be paid shall be borne by thesupplier.

GCC 26.1 The supplier is required under the contract to transport the goods to aspecified place of final destination as per the delivery schedule withinBhutan, defined as the Project Site. Transport to such place of destinationin Bhutan, including insurance and storage shall be specified in theContract, shall be arranged by the supplier, and related costs shall beincluded in the Contract Price.

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GCC 27.1 The inspections and tests:

The purchaser reserves the right for inspections and testing of theequipments if required. The supplier shall notify the purchaser in writing,twenty one (21) days in advance once the goods are ready fordispatch. Theperiod indicated is for deputing the inspectors and has no connection withthe stipulated delivery.

GCC 27.2 Inspections and tests shall be conducted at:

The concerned manufacturer’s works by the purchaser’s representative/srequired.

GCC 28.1 The liquidated damages shall be 0.05% per day:

GCC 28.1 The maximum amount of liquidated damages shall be: 10%.

GCC 29.3 The period of validity of the Warranty of the goods shall be 12 months fromthe date of acceptance at the site or 18 months after the date of shipmentfrom the port, whichever period concludes earlier.

The period of defect liability period of the installation works shall be 12months after the date of acceptance of works by the employer.

GCC 29.5 and29.6

The period for repair or replacement shall be:

The above clause under SCC (GCC 29.3) shall apply.

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Attachment: Price Adjustment Formula

If, in accordance with GCC 16.2, prices shall be adjustable, the following method shall beused to calculate the price adjustment:

16.2 Prices payable to the Supplier, as stated in the Contract, shall be subject to adjustmentduring performance of the Contract to reflect changes in the cost of labor and materialcomponents in accordance with the formula:

P1 = P0 [a + bL1 + cM1] - P0

L0 M0

a+b+c = 1in which:

P1 = adjustment amount payable to the Supplier.P0 = Contract Price (base price).a = fixed element representing profits and overheads included in the Contract

Price and generally in the range of five (5) to fifteen percent (15%).b = estimated percentage of labor component in the Contract Price.c = estimated percentage of material component in the Contract Price.L0, L1 = labor indices applicable to the appropriate industry in the country of origin

on the base date and date for adjustment, respectively.M0, M1 = material indices for the major raw material on the base date and date for

adjustment, respectively, in the country of origin.

The coefficients a, b, and c as specified by the Purchaser are as follows:

a = [insert value of coefficient] b = [insert value of coefficient]c = [insert value of coefficient]

The Bidder shall indicate the source of the indices and the base date indices in its bid.

Base date = thirty (30) days prior to the deadline for submission of the bids.

Date of adjustment = [insert number of weeks] weeks prior to date of shipment(representing the mid-point of the period of manufacture).

The above price adjustment formula shall be invoked by either party subject to thefollowing further conditions:

(a) No price adjustment shall be allowed beyond the original delivery dates unlessspecifically stated in the extension letter. As a rule, no price adjustment shall beallowed for periods of delay for which the Supplier is entirely responsible. The

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Purchaser will, however, be entitled to any decrease in the prices of the Goodsand Services subject to adjustment.

(b) If the currency in which the Contract Price P0 is expressed is different from thecurrency of origin of the labor and material indices, a correction factor will beapplied to avoid incorrect adjustments of the Contract Price. The correction factorshall correspond to the ratio of exchange rates between the two currencies on thebase date and the date for adjustment as defined above.

(c) No price adjustment shall be payable on the portion of the Contract Price paid tothe Supplier as advance payment.

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Section IX: Contract Forms 40

Section IX. Contract Forms

Table of Forms

Contract Agreement………………………………………………………………………. 94

Performance Security …………………………………………………………………….. 96

Bank Guarantee for Advance Payment …………………………………………………. 97


Contract Agreement

[The successful Bidder shall fill in this form in accordance with the instructions indicated]

THIS CONTRACT AGREEMENT made the [insert number] day of [insert month], [insertyear],

BETWEEN

(1) [insert complete name of Purchaser], a [insert description of type of legalentity, for example, an agency of the Ministry of .... of the Government ofBhutan, or corporation incorporated under the laws of Bhutan] and having itsprincipal place of business at [insert address of Purchaser] (hereinafter called“the Purchaser”), and

(2) [insert name of Supplier], a corporation incorporated under the laws of[insert: country of Supplier] and having its principal place of business at[insert: address of Supplier] (hereinafter called “the Supplier”).

WHEREAS the Purchaser invited Bids for certain Goods and ancillary services, viz., [insertbrief description of Goods and Services] and has accepted a Bid by the Supplier for thesupply of those Goods and Services in the sum of [insert Contract Price in words andfigures, expressed in the Contract currency/ies] (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as arerespectively assigned to them in the Conditions of Contract referred to.

2. The following documents shall constitute the Contract between the Purchaser and theSupplier, and each shall be read and construed as an integral part of the Contract, viz.:

(a) This Contract Agreement;(b) The Special Conditions of Contract; (c) The General Conditions of Contract;(d) Technical Requirements (including Schedule of Supply and Technical

Specifications);(e) The Supplier’s Bid and original Price Schedules; (f) The Purchaser’s Notification of Award of Contract; (g) The form of Performance Security;(h) The form of Bank Guarantee for Advance Payment;(i) [insert here any other document(s) forming part of the Contract]

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3. This Contract shall prevail over all other Contract documents. In the event of anydiscrepancy or inconsistency within the Contract documents, then the documents shallprevail in the order listed above.

4. In consideration of the payments to be made by the Purchaser to the Supplier ashereinafter mentioned, the Supplier hereby covenants with the Purchaser to provide theGoods and Services and to remedy defects therein in conformity in all respects with theprovisions of the Contract.

5. The Purchaser hereby covenants to pay the Supplier in consideration of the provisionof the Goods and Related Services and the remedying of defects therein, the Contract Price orsuch other sum as may become payable under the provisions of the Contract at the times andin the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed inaccordance with the laws of Bhutan on the day, month and year indicated above.

For and on behalf of the Purchaser

Signed: [insert signature] in the capacity of [insert title or other appropriate designation]

in the presence of [insert signature][insert identification of official witness]

For and on behalf of the Supplier

Signed: [insert signature of authorized representative(s) of the Supplier] in the capacity of [insert title or other appropriate designation]

in the presence of [insert signature][insert identification of official witness]


Performance Security

[The bank, as requested by the successful Bidder, shall fill in this form in accordance withthe instructions indicated]

Date: [insert date (as day, month, and year) of Bid submission]IFB No. and title: [insert no. and title of bidding process]

Bank’s Branch or Office: [insert complete name of Guarantor]

Beneficiary: [insert complete name of Purchaser]

PERFORMANCE GUARANTEE No.: [insert Performance Guarantee number]

We have been informed that [insert complete name of Supplier] (hereinafter called "theSupplier") has entered into Contract No. [insert number] dated [insert day and month],[insert year] with you, for the supply of [description of Goods and related Services](hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a PerformanceGuarantee is required.

At the request of the Supplier, we hereby irrevocably undertake to pay you any sum(s) notexceeding [insert amount(s)15 in figures and words] upon receipt by us of your first demandin writing declaring the Supplier to be in default under the Contract, without cavil orargument, or you needing to prove or to show grounds or reasons for your demand or the sumspecified therein.

This Guarantee shall expire no later than the [insert number] day of [insert month] [insertyear],16 and any demand for payment under it must be received by us at this office on orbefore that date. We agree to a one-time extension of this Guarantee for a period not toexceed [six months] [one year], in response to the Purchaser’s written request for suchextension, such request to be presented to us before the expiry of the Guarantee.

[signatures of authorized representatives of the bank and the Supplier]

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Bank Guarantee for Advance Payment

[The bank, as requested by the successful Bidder, shall fill in this form in accordance withthe instructions indicated.]

Date: [insert date (as day, month, and year) of Bid submission]IFB No. and title: [insert number and title of bidding process]

[bank’s letterhead]

Beneficiary: [insert legal name and address of Purchaser]

ADVANCE PAYMENT GUARANTEE No.: [insert Advance Payment Guarantee no.]

We, [insert legal name and address of bank], have been informed that [insert complete nameand address of Supplier] (hereinafter called "the Supplier") has entered into Contract No.[insert number] dated [insert date of Contract] with you, for the supply of [insert types ofGoods to be delivered] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advancepayment is to be made against an advance payment guarantee.

At the request of the Supplier, we hereby irrevocably undertake to pay you any sum or sumsnot exceeding in total an amount of [insert amount(s)17 in figures and words] upon receipt byus of your first demand in writing declaring that the Supplier is in breach of its obligationunder the Contract because the Supplier used the advance payment for purposes other thantoward delivery of the Goods.

It is a condition for any claim and payment under this Guarantee to be made that the advancepayment referred to above must have been received by the Supplier in its account [insertnumber and domicile of the account]

This Guarantee shall remain valid and in full effect from the date of the advance paymentreceived by the Supplier under the Contract until [insert date18]. We agree to a one-timeextension of this Guarantee for a period not to exceed [six months][one year], in response tothe Purchaser’s written request for such extension, such request to be presented to us beforethe expiry of the Guarantee.

_____________________ [signature(s) of authorized representative(s) of the bank]

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Attachment: Sample Format for Invitation for Bids

Invitation for Bids (IFB)

Bhutan

[ insert name of Project ]

[ insert IFB title and Number ]

1. This Invitation for Bids follows the General Procurement Notice for this Project thatappeared in [insert name of publication] of [insert date].19

2. The [insert complete name of Purchaser] now invites sealed Bids from eligible andqualified Bidders for [insert brief description of the Goods to be procured, includingquantities, location of Project, etc].20

3. Bidding will be conducted through the International/National [insert whichever isappropriate] Competitive Bidding procedures specified in the RGoB Procurement Rules andRegulations, and is open to all Bidders from Countries as defined in Section V of the BiddingDocuments21.

4. Interested eligible Bidders may obtain further information from [insert complete legalname of the Purchaser and name and e-mail address of the officer in charge] and inspect theBidding Documents at the address given below [state the address given at end of this IFB]from [insert office hours]22. .

5. Qualification requirements include: [insert a list of key technical, financial, legal andother requirements]. A margin of preference for eligible national suppliers and jointventures/consortia/associations may be applied.

6. A complete set of Bidding Documents in [insert name of language] may be purchasedby interested Bidders on the submission of a written application to the address below and uponpayment of a non refundable fee of23 [insert amount in local currency] or in [insert amount in

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20

21

22

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specified convertible currency]. The method of payment will be [insert method of payment]24.The Bidding Documents will be sent by [insert delivery procedure]25.

7. Bids must be delivered to the address below at or before [insert time and date].Electronic bidding [insert “shall” or “shall not”] be permitted. Late Bids will be rejected.Bids will be opened physically [insert “and electronically” if electronic bidding is permitted]in the presence of the Bidders’ representatives who choose to attend in person or on-line at theaddress below at [insert time and date].

8. All Bids shall be accompanied by a Bid Security of [insert fixed amount in localcurrency or an equivalent amount in a freely convertible currency or a specific minimumpercentage of the Bid price]

9. The address(es) referred to above is (are): [insert detailed address(es) includingcomplete legal name of the Purchaser, office designation (room number), name of officer,street address, city (code), country; insert electronic address if electronic bidding is permitted;insert different addresses if addresses for purchase of Bidding Documents, Bid submissionand Bid Opening are different].

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