8. Sample Forms
SUMMARY Sample Form No. 1: 1. TECHNICAL OFFER SUBMISSION SHEET... 3 Sample Form No. 2: 2. PRICE OFFER SUBMISSION SHEET... 5 Sample Form No. 3: 3. BID SECURITY... 6 Sample Form No. 4: 4. POWER OF ATTORNEY... 8 Sample Form No. 5: 5. CONTRACT AGREEMENT... 9 Sample Form No. 6: 6. PERFORMANCE SECURITY... 11 Sample Form No. 7: 7. BANK GUARANTEE FOR ADVANCE PAYMENT... 12 Sample Form No. 8: 8. MANUFACTURER'S AUTHORIZATION... 13 Sample Form No. 9: 9. QUALIFICATION STATEMENTS... 14 Sample Form No. 10: 10. TECHNICAL SPECIFICATION DEVIATION FORM... 21 Sample Form No. 11: 11. COMMERCIAL TERMS DEVIATION FORM... 22 2
1. Technical Offer Submission Sheet Date: [dd/mm/yyyy] Bid No.: To: [name and address of Procurement Agent] We, the undersigned, declare that: (a) We have examined and have no reservations to the Bidding Documents, including Addenda No.: [insert numbers]. (b) We offer to supply in conformity with the Bidding Documents the following Goods and Related Services: [description of Goods and Related Services] (c) We undertake, if our Bid is accepted, to deliver the Goods in accordance with the delivery schedule specified in the Schedule of Requirements. (d) Our Bid shall be valid for a period of [number of days] days from the date fixed for the bid submission deadline in accordance with the Bidding Documents, and it shall remain binding upon us and may be accepted at any time before the expiration of that period; (e) If our Bid is accepted, we commit to obtain a Performance Security in the amount of 10% (ten percent) of the Contract Price for the due performance of the Contract. We commit to provide the Performance Security to the Procurement Agent within 30 (thirty) calendar days after Procurement Agent s notification of DGCS and Jordanian Authorities no-objection. (f) Our company/ies has/have the following nationality: [insert nationality] (g) We are not in any of the excluding situations listed in ITB Sub-Clause 2.2. In the event that our Bid is successful, we undertake, if required, to provide the proof usual under the law of the country in which we are established that we do not fall into the exclusion situations listed in ITB Sub-Clause 2.2. We also understand that if the information provided is proved false, the award will be considered null and void. (h) We agree to abide by the Ethics Clauses in ITB Clause 36 and, in particular, have no potential conflict of interests or any equivalent relation in that respect with other bidders or other parties in the Bidding procedure at the time of the submission of this application. (i) (j) We are not participating, as Bidders, in more than one Bid in this bidding process; [Only in case of consortium] We confirm, as a partner in the consortium, that all partners are jointly and severally liable by law for the Bid and the execution of the Contract, that the partner in charge is authorised to bind, and receive instructions for and on behalf of, each member, that the execution of the Contract, including payments, is the responsibility of the partner in charge, and that all partners in the consortium are bound to remain in the consortium for the entire period of the contract's execution. 3
(k) We understand that this Bid, together with your written acceptance thereof included in your notification of award, shall constitute a binding contract between us, until a formal Contract is prepared and executed; (l) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive. [In case of consortium to be constituted after the contract award, the following information must be filled in by each partner] Printed Name: [Insert title or other appropriate designation] Signature: Duly authorized to sign bid for and on behalf of: Company s seal: Dated on day of, [date of signing] 4
2. Price Offer Submission Sheet Date: [dd/mm/yyyy] Bid No.: To: [name and address of Procurement Agent] We, the undersigned, declare that: (a) We have examined and have no reservations to the Bidding Documents, including Addenda No.: [insert numbers]. (b) We offer to supply in conformity with the Bidding Documents the following Goods and Related Services: [description of Goods and Related Services] (c) In accordance with the Price Schedule attached herewith and made part of this bid, the total DDU Project Site price of our Bid is: [total bid amount in words and figures] [In case of consortium to be constituted after the contract award, the following information must be filled in by each partner] Printed Name: [Insert title or other appropriate designation] Signature: Duly authorized to sign bid for and on behalf of: Company s seal: Dated on day of, [date of signing] 5
3. Bid Security Date: [dd/mm/yyyy] Bid No.: To: [name and address of Procurement Agent] Whereas [name of the Bidder] (hereinafter called the Bidder ) has submitted its Bid dated [date of submission of Bid] for the supply of [name and/or description of the Goods and Related Services] (hereinafter called the Bid ). KNOW ALL PEOPLE by these presents that WE [name of bank] of [name of country], having our registered office at [address of bank] (hereinafter called the Bank ), are bound unto [name of Procurement Agent] (hereinafter called Procurement Agent ) in the sum equal to 5% of the Financial Offer for which payment well and truly to be made to the said Procurement Agent, the Bank binds itself, its successors, and assignees by these presents. Sealed with the Common Seal of the said Bank this day [insert day] of [insert month] [insert year]. THE CONDITIONS of this obligation are: 1. If the Bidder withdraws its Bid during the period of Bid validity specified by the Bidder on the Technical Offer Submission Sheet, except as provided in ITB Sub-Clause 16.2; or 2. If the Bidder does not accept the correction of errors pursuant to ITB Sub-Clauses 24.4 and 24.5; or 3. If the Bidder, having been notified of the acceptance of its Bid by the Procurement Agent during the period of bid validity: (a) fails or refuses to execute the Contract Agreement; or (b) fails or refuses to furnish the Performance Security, in accordance with ITB Clause 35; We undertake to pay to the Procurement Agent up to the above amount upon receipt of its first written demand, without the Procurement Agent having to substantiate its demand, provided that in its demand the Procurement Agent will note that the amount claimed by it is due to it, owing to the occurrence of one or all of the three conditions, specifying the occurred condition or conditions. This guarantee shall be governed by the Uniform Rules for Demand Guarantees (ICC Publication No. 458, 1992) and remain valid and in full force up to and including 30 (thirty) days after the period of bid validity, and any demand in respect thereof should reach the Bank not later than the above date. Notwithstanding anything to the contrary, if the Bidder is awarded the Contract, this guarantee shall remain in full force and effect after expiration of the above mentioned period until the Bidder has furnished the Performance Security to you. Name of issuing Bank: 6
Printed Name of the Signatory: [Insert title or other appropriate designation] Signature: Bank s seal: Dated on day of, [date of signing] 7
Bid No.: 4. Power of Attorney KNOW ALL MEN BY THESE PRESENTS that the undersigned [name], [title] of [name of Company] (hereinafter called the Company ), is lawfully authorised to represent and act on behalf of the Company, whose registered address is [Company s address], and does hereby appoint [name], [title], of [firm] of, whose signature appears below, to be the true and lawful attorney, and authorised the said attorney to sign the bids, conduct negotiations, sign a Contract and execute all the necessary matters related thereto, in the name and on behalf of the Company in connection with the execution, completion and maintenance of the Contract for [description of Goods and Related Services] of the [name of the project] Project, Bid No.. OFFICIAL SEAL AND SIGNATURE OF THE COMPANY: Printed Name of the Legal Representative: Signature of the Legal Representative: Printed Name of the Attorney: [Insert title or other appropriate designation] Signature of the Attorney: Company s seal: Printed Name of the Witness: [Insert title or other appropriate designation] Signature of the Witness: Address of Witness Dated on day of, [date of signing] Note: The Bidder should include such Power of Attorney in its bid in original. 8
5. Contract Agreement THIS CONTRACT AGREEMENT made between [name of Purchaser and Procurement Agent] of [Purchaser s country] (hereinafter called the Purchaser and CITC ) of the one part and [name of Supplier] of [city and country of Supplier] (hereinafter called the Supplier ) of the other part: WHEREAS the Purchaser and CITC invited Bids for certain Goods and Related Services, viz., [brief description of Goods and Related Services] and has accepted a Bid by the Supplier for the supply of those Goods and Related Services in the sum of [contract price in words and figures] (hereinafter called the Contract Price ). NOW THIS CONTRACT AGREEMENT WITNESSETH AS FOLLOWS: (1) In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to. (2) The following documents shall be deemed to form and be read and construed as part of the Contract, viz.: (a) the Negotiation Agreement; (b) the Special Conditions of Contract; (c) the General Conditions of Contract; (d) the Schedule of Requirements and the Technical Specifications. (e) the Technical and Price Offer Submission Sheets; (f) the Price Schedules; (g) the Purchaser s Notification to the Supplier of Award of Contract; This Contract shall prevail over all other Contract documents. In the event of any discrepancy or inconsistency within the Contract documents, then the documents shall prevail in the order listed above. (3) In consideration of the payments to be made by the Purchaser and CITC to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Purchaser and CITC to provide the Goods and Related Services and to remedy defects therein in conformity in all respects with the provisions of the Contract. (4) The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the Goods and Related Services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of The Hashemite Kingdom of Jordan. The effectiveness of this Contract Agreement is subject to its prior signing by both parties, DGCS and Jordanian Authorities no-objection and Purchaser receipt of Performance Security. 9
For and on behalf of the Purchaser Signed: In the presence of: Date of signature: [signature of authorized representative/s of the Purchaser] [title or other appropriate designation] [identification of official witness] [insert date of signature] For and on behalf of the Procurement Agent Signed: In the presence of: Date of signature: [signature of authorized representative(s) of the Procurement Agen] [title or other appropriate designation] [identification of official witness] [insert date of signature] For and on behalf of the Supplier Signed: In the presence of: Date of signature: [signature of authorized representative(s) of the Supplier] [title or other appropriate designation] [identification of official witness] [insert date of signature] 10
6. Performance Security [The bank, as requested by the successful Bidder, shall fill in this form in accordance with the instructions indicated] To: [name and address of Procurement Agent] Date: [dd/mm/yyyy] Bid No.: WHEREAS [name of Supplier] (hereinafter called the Supplier ) has undertaken, in pursuance of Contract No. [reference number of the Contract] dated [dd/mm/yyyy] to supply [description of Goods and Related Services] (hereinafter called the Contract ). AND WHEREAS it has been stipulated by you in the aforementioned Contract that the Supplier shall furnish you with a bank guarantee issued by a reputable bank for the sum specified therein as security for compliance with the Supplier's performance obligations in accordance with the Contract. AND WHEREAS we have agreed to give the Supplier a guarantee: THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Supplier, up to a total of [amount of the guarantee in words and figures], and we undertake to pay you, upon your first written demand declaring the Supplier to be in default under the Contract and without cavil or argument, any sum or sums within the limits of [amount of guarantee] as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. The law applicable to this guarantee shall be Jordanian law. Any dispute arising out of or in connection with this guarantee shall be referred to the Jordan International Economic and Trade Arbitration Commission (CIETAC) in accordance with its arbitration rules/procedures. This guarantee shall be governed by the Uniform Rules for Demand Guarantees (ICC Publication No. 458, 1992) and remain valid and in full force until 30 (days) after the issuance of the Final Acceptance Certificate. Name of issuing Bank: Printed Name of the Signatory: [Title or other appropriate designation] Signature: Bank s seal: Dated on day of, [date of signing] 11
7. Bank Guarantee for Advance Payment [The bank, as requested by the successful Bidder, shall fill in this form in accordance with the instructions indicated] To: [name and address of Procurement Agent] Date: [dd/mm/yyyy] Bid No.: [Name of Contract] Gentlemen and/or Ladies: In accordance with the payment provision included in the SCC Clause 17, in relation to advance payments, [name and address of Supplier] (hereinafter called the Supplier ) shall deposit with the Procurement Agent a bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of [amount of guarantee in figures and words]. We, the undersigned [name of bank], legally domiciled in [bank address], as instructed by the Supplier, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to the Procurement Agent on its first demand without whatsoever right of objection on our part without its first claim to the Supplier, in the amount not exceeding [amount of guarantee in figures and words]. We further agree that no change or addition to or other modification of the terms of the Contract to be performed there under or of any of the Contract documents which may be made between the Purchaser and the Supplier, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification. The law applicable to this guarantee shall be Jordanian law. Any dispute arising out of or in connection with this guarantee shall be referred to the Jordan International Economic and Trade Arbitration Commission (JIETAC) in accordance with its arbitration rules/procedures. This guarantee shall be governed by the Uniform Rules for Demand Guarantees (ICC Publication No. 458, 1992) and remain valid and in full force until 45 (forty five) days after the issuance of the Provisional Acceptance Certificate Name of issuing Bank: Printed Name of the Signatory: [Title or other appropriate designation] Signature: Bank s seal: Dated on day of, [date of signing] 12
8. Manufacturer's Authorization (See Sub-clause 13. 3 (a) of the Instructions to Bidders) Date: [dd/mm/yyyy] Bid No.: To: [name and address of Procurement Agent] WHEREAS We [insert complete name of Manufacturer], who are official manufacturers of [insert type of goods manufactured], having factories at [insert full address of Manufacturer s factories], do hereby authorize [insert complete name of Bidder] to submit a bid the purpose of which is to provide the following Goods, manufactured by us [insert name and or brief description of the Goods], and to subsequently negotiate and sign the Contract with you against Bid No. We hereby extend our full guarantee and warranty in accordance with Clause 15 of the General Conditions of Contract, with respect to the Goods offered by the above firm. Printed Name: Signature: [Insert complete name of authorized representative of the Manufacturer] [Title or other appropriate designation name of authorized representative of the Manufacturer] [Insert complete signature of authorized representative of the Manufacturer] Duly authorized to sign bid for and on behalf of: Company s seal: Note: This letter of authority should be on the letterhead of the Manufacturer and should be signed by a person competent and having the power of attorney to bind the Manufacturer. The Bidder should include such letter of authority in its bid in original. 13
9. Qualification Statements Instruction to Applicants The applicants who are manufacturers shall fill out and submit the Manufacturer s Qualification Statement (form 9.1). The applicants who are Trading Companies (as Agent) shall fill out and submit the Manufacturer s Qualification Statement (form 9.1) and the Trading Company s (as Agent) Qualification Statement (form 9.2). Clear and accurate answers should be given to all questions and/or information required in the attached forms. The signatory of the qualification information shall guarantee the truth and accuracy of all Statements and all answers to questions made therein. The Qualification Statements are to be considered only as support summary documents and they shall by no means replace any documentary proof requested in the Bidding Documents. Documents submitted by the applicants will be treated as confidential but will not be returned. All documents shall be made out in English. 14
9.1 Manufacturer s Qualification Statement (1) Company General Information: Name of Manufacturer Company Name Address of Head Office Telephone No. Fax No. Address of the manufacturer's representatives in PRC, if any Telephone No. Fax No. (2) Financial Statement Summary Date of Company Establishment and/or Registration Paid-Up Capital Latest Balance Sheet (i) Fixed Assets (ii) Current Assets (iii) Long Term Liabilities (iv) Current Liabilities (v) Net Worth (3) Additional Manufacturer's Information Name and location of factory Items produced Annual production capacity Number of employees Number of years of the manufacturer in the production of the goods of the proposal Are there any component parts which are not produced by the principal manufacturer but supplied by other manufacturers (sub-contractors)? Yes No 15
If the answer is yes, please fill in the table below: Items Name of Manufacturer Address of Manufacturer Manufacturer's Tel/Fax No. (4) Annual turnover in the last 3 (three) years: Year Domestic sales (EUR) Export sales (EUR) TOTAL (EUR) (5) List of domestic and foreign firms to whom the goods have been mainly sold to (up to five firms) in the last 3 (three) years. (a) Domestic contracts No. 1 2 3 4 5 Company Name Company Address Item sold Contract Period Value (EUR) (b) Foreign contracts No. 1 2 3 4 5 Company Name Company Address Country Item sold Contract Period Value (EUR) (6) Contact details of Manufacturer's Reference Bank Name of Reference Bank Address of Reference Bank 16
(7) Brief Company Introduction: (chronology, organization, structure, corporate group to which manufacturer belongs, etc.) We hereby certify to the best of our knowledge that the foregoing statements are true and correct, that all available information and data have been supplied herein, and that we agree to show you documentary proof thereof upon your request. Name of Manufacturer: Printed Name of Authorized Representative: [Title or other appropriate designation] Signature of Authorized Representative: Company Seal: Tel/Fax No.: Dated on day of, [date of signing] 17
9.2 Trading Company s (as Agent) Qualification Statement (1) Company General Information: Name of Bidder Company Name Address of Head Office Telephone No. Fax No. Address of the manufacturer's representatives in PRC, if any Telephone No. Fax No. (2) Financial Statement Summary Date of Company Establishment and/or Registration Paid-Up Capital Latest Balance Sheet (i) Fixed Assets (ii) Current Assets (iii) Long Term Liabilities (iv) Current Liabilities (v) Net Worth (3) Annual turnover in the last 3 (three) years: Year Domestic sales (EUR) Export sales (EUR) TOTAL (EUR) (4) List of domestic and foreign firms to whom the goods have been mainly sold to (up to five firms) in the last 3 (three) years. (a) Domestic contracts 18
No. 1 2 3 4 5 Company Name Company Address Item sold Period Value (EUR) (b) Foreign contracts No. 1 2 3 4 5 Company Name Company Address Country Item sold Period Value (EUR) (5) List of Items agreed by the manufacturer to be produced (please attach manufacturer's qualification statement): Item Quantity Name of Manufacturer Manufacturer's Address Manufacturer's Tel/Fax No. Corporate Group to which Manufacturer Belongs (If Any) Are there any component parts which are supplied by other manufacturers (sub-contractors)? Yes No If the answer is yes, please fill in the table below: Name of Items Manufacturer Address of Manufacturer Manufacturer's Tel/Fax No. (6) Bank Reference Contact Details Name of Reference Bank 19
Address of Reference Bank (7) Brief Company Introduction: (Chronology, Organization, Structure, etc.) We hereby certify to the best of our knowledge that the foregoing statements are true and correct, that all available information and data have been supplied herein, and that we agree to show you documentary proof thereof upon your request. Name: Printed Name of Authorized Representative: [Title or other appropriate designation] Signature of Authorized Representative: Company Seal: Tel/Fax No.: Dated on day of, [date of signing] 20
10. Technical Specification Deviation Form Date: [dd/mm/yyyy] Bid No.: Specifications Required (Purchaser) Specifications Provided (Bidder) Item No. Description Item No. Deviation Remarks Name: Printed Name of Authorized Representative: [Title or other appropriate designation] Signature of Authorized Representative: Company Seal: Tel/Fax No.: 21
11. Commercial Terms Deviation Form Date: [dd/mm/yyyy] Bid No.: Item No. Commercial Terms in Bidding Documents Commercial Terms offered by the Bidder Remarks Name: Printed Name of Authorized Representative: [Title or other appropriate designation] Signature of Authorized Representative: Company Seal: Tel/Fax No.: 22