Advertising ...... EMERGENCY OPERATION...

REPUBLIC OF IRAQ
MINISTRY OF CONSTRUCTION AND HOUSING AND
MUNICIPALITIES AND PUBLIC WORKS
EMERGENCY OPERATION DEVELOPMENT PROJECT
CONSULTING SERVICES

Advertising ...... Contract Title: Construction...

German International Cooperation with Iraq
Invitation for Bids
IRAQ
German “Credit Facility to assist the Return of IDP’s” in Iraq

Through engineering and technical staff,...

Through engineering and technical staff, Directorate of roads and bridges in Karbala implement a number of tasks for emergency maintenance of roads and bridges in the province to serve people and t

Through the engineering staff in Karbala, Roads...

Through the engineering staff in Karbala, Roads and bridges directorate completed Ahmed bin Al-Qasim road in the Al-Husseinieh in long of 3 km and at a cost exceeding 762 million dinars.

Engineer Essam Abbas, the general director of...

Engineer Essam Abbas, the general director of roads and bridges directorate, meets with delegation of the World Bank to discuss the implementation of the rehabilitation of Highway NO.1\VII and VIII

Through engineering and technical staff in...

, Through engineering and technical staff in karbala , Roads -and bridges directorate on oversees maintenance Fatima al alzahra road in length 2.75 kilometer of each corridor and in width of 10 met

Instructions to the Tenders

  1. It is required to submit bids for the works as detailed under job description in the name of: Bids shall be submitted to the State Board for Roads and Bridges /Legal Dept. – Tenders in closed, sealed envelope bearing the tender’s name and number, with the bidding form to be filled out by bidder. The prices shall be stated in writing and in figures. All pages of the tender documents shall be signed and the blanks shall be filled as necessary. Writing and all numbers shall be clear, free of rubbing out.

The price in writing, in the event of difference from the price in figures, shall be relied on.

 

  1. Documents accompanying the Bid: The bid shall be accompanied with all tender documents. The Bidder shall, also, have its bid accompanied with the following documents:

 

  • Copy of the Rating ID issued by the Ministry of Planning (valid), (the new plastic form)
  • Copy of the Contractors’ Association ID (renewed)
  • Incorporation certificate for the companies, and the professional license for the contractors (both valid).
  • Original Tax Clearance Letter from the General Commission for Taxes, addressed to the State Board of Roads and Bridges (Valid)
  • Reference list of similar works executed by the bidder, certified by the competent bodies.
  • List of machines and equipments (certified by the competent bodies) and the technical staff of experts of the bidder, and using of new vehicles in the execution of roads, using new pavers with sensors to ensure good compaction and smooth surfacing
  • The final accounts for the last three years, in addition to the final accounts that include the expenditures and revenues of the similar works projects submitted by the contractor, certified by a chartered accountant.
  • Evidence that the contractor owns or is contracted on an asphalt factory
  • Certified check or a letter of guarantee issued from a recognized bank in Iraq (of the full bid bond) of 1% of the bid price (in ID), addressed to the order of the State Board for Roads and Bridges, valid for 3 months. Failure to submit the same, the bid shall be disregarded. Knowing that the certified check issued from a private bank shall not exceed five million (5,000,000) ID, as instructed
  • Documents receipt voucher.
  • Partnership contract in the event there is a partner (duly notarized)
  • The companies and contractors shall submit a price breakdown for the items of the bid submitted by them, to be studied in the analysis
  • Copy of the residence card
  • Bank statement until 31/12/2012, certified by the bank (sealed by the bank)
  • Details of living means which the contractor (if non-Iraqi) intends to provide for its non-Iraqi personnel in Iraq
  • The bids of companies and contracts shall clearly state the following addresses
  1. Company’s full address, to contains place coordinates, telephone number and email
  2. Full address of and landmarks to the residence of the company’s executive manager

 

Note: The content of Item p (1&2) shall be relied on in making notifications and correspondences. When address is changed, the new address should be notified

 

  1. Information on Bidders:

Bids submitted by non-Iraqi companies shall be accompanied with the documents of the company formation and the documents of the authority, powers and nationalities of their representative officers, and the BOD members and their nationalities for the joint stock companies, and holders of share capital for the other companies, with a certified copy of the article of association or the partnership contract and the last year’s final accounts.

  1. Method of Work: Bidders shall state in their bids the work progress method and the details and types of equipments they intend to use in executing the work.
  2. Work Completion Period

Unless the employer determines the work completion period in the tender documents, bidders shall state in their bids the period for completing the work. The bidder to whom the tender is awarded shall complete works within such period.

  1. Bid Bond
  1. Bidder shall submit a bid bond for participation in the tender as per item (2-I) of these Instructions.
  2. The employer shall keep the bid bond until final approval. Bidder may request returning the bid bond upon the end of the said period or upon signing the form of contract, whichever occurs first.
  1. The penalty of delay shall be according to the following formula: Contract Price÷Term of Contract×10%
  2. The max. amount of the penalty of delay is ten percent (10%) of the Contract Price.
  3. The contract bears the costs of all laboratory tests (passed, failed or re-conducted)
  4. The contract period of execution is                (           ) days.
  5. Expenditure is classified on (             /           /           )
  6. The contractor to whom tender is awarded bears the expenses of publishing the announcement on newspapers and other media.
  7. Bid Validity Period

Bid shall be valid and binding to the bidder as of the closing date of the tender until the final approval.

  1. Bidder should have access to the necessary information:

Bidder, before submitting its bid, and despite the information that may be contained in the tender documents, shall themselves investigate the nature of work and the circumstance surrounding it. They, in general, shall have access to the information on all matters that, in one way or another, may have effect on the obligations of the bidder to whom the tender is awarded or on the financial balance of the contract or due to the risks which may obstruct work. Any negligence, delay or default by bidder in obtaining the information to be relied on with respect to what is mentioned above or any other issues does not release the bidder to whom the tender is awarded from the risks and obligations or from the responsibility for completing works within the period specified and according to the process stated in the bid.

  1. Work as a Whole

Only the bids for the entire work are accepted. No bid for a certain part of the work shall be accepted, unless stated otherwise in the tender documents.

  1. Bidding Deadline

Bid should be submitted under the bidding form on (             ) the     /           /2013, until 12:00 pm. Bidders shall consider sending their bids well before the stated date to allow the arrival of the registered mail. No bid after the deadline shall be accepted, whatever the cause of delay in sending it was.

  1. Contract Execution:

The contractor whose bid is accepted by the employer shall attend within 14 days as of the date of notifying it with the decision of award for signing the form of contract, and submit a performance bond as per the conditions of contract. In the event of failure by contractor to fulfill the same, the employer may give notice accordingly, and when no response is made, it may confiscate the bid bond and execute the work at its account, burdening the contractor with the price difference and the administrational charges of (20%) of the cost of executed work, according to the Instructions on Executing the Governmental Contracts No. 1 for 2008.

  1. Addressing Correspondences:

The Address of bidder given to the employer shall be considered, upon obtaining the tender documents, valid for correspondences purposes, within the bidding validity period. The contractor shall inform the Department upon any change in its address. Otherwise, correspondences shall be sent to the address stated in its bid

  1. Accepting Bids:

Employer is not bound to the lowest priced bids and is entitled, at its discretion, to accept or reject any bid or postpone or cancel the tender, with no right to the bidder to demand any compensation. The tender documents purchase amount is returned only if it is cancelled.

  1. For the un-priced items in the submitted bid, the cost of such item or items, within the quantities stated next to each, are considered covered by the total bidding price.
  2. These conditions are part of the General Conditions for Civil Engineering Works, Vol. 1 & 2, and complementary to the other provisions and conditions stated therein.
  3. The bid containing reservations that contradict with these conditions shall be disregarded. No reservation that contradicts with the announcement conditions shall be accepted incurs additional costs on the bid submitted by the contractor.

 

 

Bidding Form

Tender No. (                ) on executing the works of the contract for …………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………………………………………

To / State Board for Roads and Bridges / ………………………………………………………………………………………….. Respectfully

We, ……………………………………………………………………………….. Co., the Contractor …………………………………………………………….., with our office located at …………………, Hay ……………., M ………….., Z ……….., D ………….

having visited the worksite, obtained all the necessary information and carefully considered all the instructions to bidders and all other tender documents, submit our bid for the execution and maintenance of works and supply all machines and equipments and any other matters to perform this work. We undertake to perform all required works and supply the necessary materials, according to the conditions of contract, drawings, specifications, priced bill of quantities and other tender documents, for an amount of …………………………………………………………………………….. (               ) ID, to be paid according to the provisions of this contract. Also, we undertake to complete and handover the works within a period of         (           ) days. We also acknowledge that the bid bond paid by us according to item (5) of the Instructions to Bidders shall be kept at your possession to guarantee our good will. In the event we do not attend for signing the form of contract within the period specified in item (17) of the Instructions to Bidders, you will be entitled to withdraw the said bond and complete the work at our cost, according to the provisions stipulated in the contract.

                        Signature

 

Name:

Address:

  1. Company’s full address, to contain

Office coordinates / telephone number and email /

  1. Full address of and landmarks to the residence of the company’s executive manager /

 

Note: The content of the address in items (1&2) above shall be relied on in making notifications and correspondences.

 

Telephone:

Date:

 

(General Conditions)

 

  1. Upon issuance of the letter of award, the contractor shall complete the documents required from it in order to sign the contract within max. period of fourteen (14) days as of the date of notifying it with the award. In the event such period is expired without signing the contract, the contractor shall be noticed to sign the contract within fifteen (15) days as of the date of notice. In the event of its failure or default in signing the contract, the Board may confiscate the bid bond and award the tender to the next nominee. The tenderer in default bears the price difference incur due to executing the contract and confiscation of the bid bond. If both first and second nominees were in default in signing the contract, recommendation shall be made to the third nominee, and the first and second nominees in default jointly bear the price difference proportional to the amounts differences for the nomination of each, with the bid bonds to be confiscated.
  2. The contractor shall attach information on the engineer or the engineers whom it will rely on in the execution of works (who shall be responsible for the execution of works according to the specifications).
  3. Each bid without bid bond (certified check or letter of guarantee), of the all required bid bond, shall be disregarded.
  4. The contractor shall submit a schedule of its obligations with the competent department.
  5. The contractor shall procure insurance at the National Insurance Company or any other official insurance company recognized in Iraq and issues the engineering insurance certificate against all engineering risk of the contract, provided that the certificate shall contain the types of insurance specified in Article 21 – 25 of the Conditions of Contracts on Civil Engineering Works.
  6. The contractor shall submit official evidence of his detailed official address, office and residence (residence card and ration coupon), and shall have, in every tender, a fixed registered postal address subject to the scrutiny of the analysis committee. If the address is found incorrect, the bid shall be disregarded.
  7. The contractor shall submit a reference list of the similar works it executed and the contracts starting dates, the completion dates and confirmations of the bodies supervising these contracts.
  8. All laboratory tests shall be conducted by the branches of the National Center for Constructional laboratories in the relevant province where the work was executed. No bid containing a reservation over conducting the laboratory tests for any work entrusted to the Ministry at those laboratories shall be accepted.
  9. In the event of failure by the contractor in the execution of the tender’s or contract’s works according to the technical specifications specified in the bill of quantities and the conditions of contract, or the default in their execution which leads to delay their completion, or their bad performance, according to the Board’s satisfaction, then the Board may withdraw the work from the contractor, confiscate the bid bond and execute the work at its cost, burdening it with the price difference pursuant to Article 65 of the General Conditions on Civil Engineering Works.
  10. The company or the contractor shall install the necessary traffic signs and make the regular interchanges before commencement of roads and bridges works, at its own cost.
  11. The Board is not responsible for the provision of petroleum products (pitch and fuel).
  12. All items of the bill of quantities shall be priced in ID.
  13. The bidder shall fill out the bidding form attached hereto with its signature, full name, full address stating the number of section, lane and house or building & floor, email, telephone number, and any other landmarks. Otherwise, the contractor shall be considered accepting what is stated therein and notified with its content, as a tender’s document.
  14. The contractor shall fulfill all the provisions stated in the Conditions of Contract on Civil Engineering Works, Vol. 1 & 2, in its participation in the tender and during execution of works and after transferring them under its custody.
  15. Excavations in street sidewalks and NMLs / The contractor shall not make any excavations in the streets sidewalks and NMLs for the purpose of executing the works it is bound to, with approval from each of:

a/ Ministry of Telecommunication, b/Mayoralty of Baghdad for the projects within the Mayoralty’s borders, c/Municipalities of the provinces for the works within their borders, d/ Directorate General for Water and Sewerage, e/ Coaxial Cables Board (Communication Commission) and the State Board for Roads and Bridges.

  1. The contractor shall obtain all types of quarry materials from the State quarries according to official license and as per the applicable laws, from the relevant bodies (State Company for Geological Survey and Mining).
  2. The contractor shall have the explosives needed for the purpose of executing the project provided from the competent Iraqi bodies. These shall not be imported without approval of the said bodies.
  3. The contractor shall convey the project’s execution residual debris to the sites assigned thereto by the Mayoralty of Baghdad or the relevant municipalities.
  4. The contractor shall be responsible for the delay in executing the project without good reason.
  5. The First Party may decrease or increase the quantities by 20% of the original quantities at the same contract item prices as adopted.
  6. All items stated in the statement on the contract before and after reconstruction thereof, also after completing other items, shall be documented on video tapes and CDs, at the contractor’s cost.
  7. The contractor to whom the contract is awarded shall submit a letter of guarantee issued by an official recognized bank, which shall be valid throughout the Term of contract, provided that it shall renewed later in the event of failure in execution during the term of contract, when it is given the extensions it is entitled to pursuant to the Law. The same is for the letter of guarantee for the advanced payment received by the contractor.
  8. The tenderers and contractors may not sell the tender to any other tenderer or contractor whether before commencement or during the progress of work. Otherwise, the tenderer or the contractor shall bear all legal and financial consequences.
  9. The contractor may assign parts of the contract to subcontractors under the First Party’s approval, provided the responsibility for executing the contract shall remain at the main contractor, the contract may not be assigned to a further subcontractor.
  10. Not to accept the powers of attorney issued by the tenderers or contractors without good reason, provided that this shall not affect the work progress. The power of attorney certified by the notary public if not given through official letter from the traffic directorate in the province in which the power of attorney is issued shall not be accepted. The power of attorney shall be of recent-issuance, no more than three months as of signing the contract.
  11. Acceptance of similar works reference list shall be according to official letters issued by State bodies which certify undertaking the works awarded and executed, on case-by-case basis.
  12. The contractor shall conduct site inspection on the route and the site.
  13. The Board may offer advance payment to the public and private sector contractors according to the proportions decided by the Ministry, against a letter of guarantee of the value of the advance payment, if the same is requested in the bidding letter. Otherwise, the request shall be disregarded if processed after the decision of award and approval of official contracts with contractors.
  14. Governmental debts shall be collected according to the Law of Collecting the Governmental Debts No. 56 for 1977.
  15. The bidder shall complete all the required documents with the tender’s documents and submit, prior to delivering the bid, a pledge that the bid shall fulfill all conditions. Otherwise, the bid shall be disregarded.
  16. The contractor shall pay all taxes, fees, insurance on work and penalty of delay.
  17. The contractor may not import asphalt from abroad.
  18. If the contractor applies for extension, it shall submit a written undertaking not to demand any compensation as a result of giving the extension.
  19. The State company shall not assign the contract and woks entirely to a subcontractor, with emphasis that no part thereof shall be assigned without written approval by the contracting body according to Article (8/Fourth) of the Instructions on Executing the General Governmental Contracts No. 1 for 2008, where it permitted the assignment of parts of the contract to subcontractors under approval by the contracting body. The contracting body shall, in giving approvals, take into account that the assignment of these parts are not within the activity or the specialty of the State company, or these are within the complementary works which are not within the key functions of the company, with emphasis on considering the content of item Second of Article 36 of the Law of Federal Budget for 2011
  20. The Board shall deduct 3.3% of the contract price as security until tax settlement
  21. The Second Party (contract executor), when possible (shall have min. 50% of its workers and servants employed from the national labor through the employment centers in Baghdad and other provinces, unless this latter fails to provide the required numbers and specialties via direct official letter within 30 days of the date of receiving the request by the center).
  22. The contract is comprised by the financial and engineering stamp fee.
  23. The Courts of Iraq shall have jurisdiction over the lawsuits arising from this contract.
  24. The contract subject to all laws and instructions in force.
  25. The executing company (Second Party) shall pay the charges of the field laboratories and all the requirements related to their construction and performance.
  26. The (Second Party) shall submit the certificate of origin, invoice and insurance certificate in the name of suppliers, approved by the commercial attachés of Iraq abroad (Ministry of Trade) and the consular department of the Ministry of Foreign affairs for the countries of no commercial attachés, before the goods enter Iraq, according to the conditions of contract