A. General
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1. Scope of Tender
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1.1 The Procuring Entity, as indicated in the Special Instructions to Tenderers (SIT), issues this Tender Document for the supply of Goods, and Related Services incidental thereto, as specified in the SIT and as detailed in Section 6: Schedule of Requirements. The name of the Tender and the number and identification of its constituent lot(s) are stated in the SIT. |
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1.2 The successful Tenderer will be required to complete the delivery of the goods and related services (when applicable) as specified in the Special Conditions of Contract (SCC). |
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1.3 Throughout this Tender Document:
(a) the term “in writing” means communicated in written form with proof of receipt;
(b) if the context so requires, singular means plural and vice versa; and
(c) “day” means calendar day. |
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2. Source of Funds
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2.1 The Procuring Entity has been allocated public funds as indicated in the SIT and intends to apply a portion of the funds to eligible payments under the contract for which this Tender Document is issued. |
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2.2 For the purpose of this provision, “public funds” means any monetary resources appropriated to Procuring Entities under Government budget, or revenues generated by statutory bodies and corporations or aid grants and credits put at the disposal of Procuring Entities by the development partners through the Government. |
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2.3 Payments by the development partner, if so indicated in the SIT, will be made only at the request of the Government and upon approval by the development partner in accordance with the applicable Loan/Credit/Grant Agreement, and will be subject in all respects to the terms and conditions of that Agreement. |
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3. Corrupt, Fraudulent, Collusive, Coercive or Obstructive Practices
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3.1 The Government requires that all parties involved in public procurement, including Procuring Entities, Tenderers, Suppliers, Contractors, and Consultants, shall observe the highest standard of ethics during the implementation of procurement proceedings and the execution of contracts under public funds. |
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| 3.2 In pursuance of this requirement, the Procuring Entity shall:
(b) declare a Tenderer ineligible, either indefinitely or for a stated period of time, from participation in procurement proceedings under public funds;
(c) have the right to require that a provision be included in bidding documents, requiring bidders, suppliers and contractors to permit the relevant authorities to inspect their accounts and records and other documents relating to the bid submission and contract performance and to have them audited by auditors appointed by the relevant authorities.
If at any time, determines that the Tenderer has engaged in corrupt, fraudulent, collusive, coercive or obstructive practices, in competing for, or in executing, a contract under public funds. |
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3.3 Should any corrupt, fraudulent, collusive or coercive practice of any kind come to the knowledge of the Procuring Entity, it shall, in the first place, allow the Tenderer to provide an explanation and shall, take actions only when a satisfactory explanation is not received. Such exclusion and the reasons thereof, shall be recorded in the record of the procurement proceedings and promptly communicated to the Tenderer concerned. Any communications between the Tenderer and the Procuring Entity related to matters of alleged fraud or corruption shall be in writing. |
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3.4 In pursuance of this policy, no Tenderer or Procurement Official shall engage in any:
(a) corrupt practice, which means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution;
(b) fraudulent practice, which means a misrepresentation or omission of facts in order to influence a procurement process or contract execution to the detriment of the Employer;
(c) collusive practices, which means a scheme or an arrangement between two or more tenderers with or without the knowledge of the Employer, including non-disclosure of subsidiary relationships, designed to establish bid prices at artificial, non-competitive levels thereby depriving the Employer of the benefits of free and open competition;
(d) coercive practice, which means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract.
(e) obstructive practice which means
i. deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede relevant authorities’ investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or
ii. acts intended to materially impede the exercise of the relevant authorities’ inspection and audit rights provided for under par. 3.2 (c) above. |
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3.6 The Tenderer shall be aware of the provisions on fraud and corruption stated in GCC Clause 3 and GCC Sub-Clause 38.1(c). |
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3.7 The Government requires that the Procuring Entity’s personnel have an equal obligation not to solicit, ask for and/or use coercive methods to obtain personal benefits in connection with the said proceedings. |
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4. Eligible Tenderers
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4.1 This Invitation for Tenders is open to eligible Tenderers from all countries, except for any specified in the SIT. In order to be eligible for public procurement, Tenderers must:
(a) have the necessary professional and technical qualifications, managerial competence, bonafide reputation, financial viability, equipment and other physical facilities, including after sale service where appropriate, and qualified personnel to perform the contract as required as per ITT 11 to 13; and
(b) not have any directors who have been convicted in any country for criminal offence related to fraudulent or corruptive practices, or criminal misrepresentation or falsification of facts relating to any matter. |
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4.2 A Tenderer may be a physical or juridical individual or body of individuals, or company, association or any combination of them under agreement in the form of an intended or existing joint venture, (JV), invited to take part in public procurement or seeking to be so invited or submitting a Tender in response to an Invitation for Tenders. All members of the JV shall be jointly and severally liable to the Procuring Entity. A JV is distinct from the Supplier SubSupplier arrangement where the entire responsibility for contract execution rests with the Supplier.
4.2
4.3 A Government-owned enterprise in Nigeria may also participate in the Tender if it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Procuring Entity. |
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4.4 The Tenderer shall provide in Section 5: Tender and Contract Forms, a statement that the Tenderer (including all members of a JVA) is not associated, nor has been associated in the past, directly or indirectly, with a consultant or any other entity that has prepared the specifications and other documents for this Invitation for Tenders. |
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4.5 The Tenderer shall not be under a declaration of ineligibility for corrupt, fraudulent, collusive or coercive practices in accordance with ITT Sub-Clause 3.2. |
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4.6 The Tenderer with a consistent history of litigation or a number of arbitration awards against it, shall not be eligible to Tender. The Tenderer shall supply the information requested in para 3.3 of the Tenderer Information Sheet (Form G-4) |
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4.7 The Tenderer shall have the legal capacity to enter into the contract. |
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4.8 The Tenderer shall not be insolvent, be in receivership, be bankrupt or being wound up, its business activities shall not be suspended, and it shall not be the subject of legal proceedings for any of the foregoing. |
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4.9 The Tenderer shall have fulfilled its obligations to pay taxes and pension contributions under the relevant national laws and regulations. |
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5. Eligible Goods and Related Services
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5.1 All goods and related services to be supplied under the contract are eligible, unless their origin is from a country specified in the SIT. |
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| 5.2 For purposes of this clause, “origin” means the place where the goods are mined, grown, or produced, or the place from which the related services are supplied. |
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5.3 The origin of goods and services is distinct from the nationality of the Tenderer. |
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6. Site Visit
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6.1 For goods contracts requiring installation/ commissioning/ networking or similar services at site, the Tenderer, at the Tenderer’s own responsibility and risk, is encouraged to visit and examine the Site and obtain all information that may be necessary for preparing the Tender and entering into a contract for the supply of goods and related services. |
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6.2 The Tenderer should ensure that the Procuring Entity is informed of the visit in adequate time to allow it to make appropriate arrangements. |
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6.3 The costs of visiting the Site shall be at the Tenderer’s own expense. |
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B. Tender Document
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7. Tender Document: Sections
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7.1 The Sections comprising the Tender Document are listed below and should be read in conjunction with any Amendment issued in accordance with ITT Clause 10.
· Section 1 Instructions to Tenderers (ITT)
· Section 2 Special Instructions to Tenderers (SIT)
· Section 3 General Conditions of Contract (GCC)
· Section 4 Special Conditions of Contract (SCC)
· Section 5 Tender and Contract Forms
· Section 6 Schedule of Requirements
· Section 7 Technical Specifications
· Section 8 Drawings |
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7.2 The Procuring Entity will reject any Tender submission if the Tender Document was not purchased directly from the Procuring Entity. |
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7.3 The Tenderer is expected to examine all instructions, forms, terms, and specifications in the Tender Document as well as in Tender Amendments, if any. Failure to furnish all information or documentation required by the Tender Document may result in the rejection of the Tender. |
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8. Tender Document: Clarification
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8.1 A prospective Tenderer requiring any clarification of the Tender Document shall contact the Procuring Entity in writing at the Procuring Entity’s address indicated in the SIT. The Procuring Entity will respond in writing to any request for clarification received no later than fourteen (14) days prior to the deadline for submission of Tenders. |
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8.2 The Procuring Entity shall forward copies of its response to all those who have purchased the Tender Document, including a description of the enquiry but without identifying its source. |
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8.3 Should the Procuring Entity deem it necessary to amend the Tender Document as a result of a clarification, it shall do so following the procedure under ITT Clause 10 and ITT Sub-Clause 30.3. |
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9. Tender Document: Pre-Tender Meeting
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9.1 To clarify issues and to answer questions on any matter arising in the Tender Document, the Procuring Entity may, if stated in the SIT, invite prospective Tenderers to a Pre-Tender Meeting at the place, date and time as specified in the SIT. Tenderers are encouraged to attend the meeting, if it is held. |
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9.2 The Tenderer is requested to submit any questions in writing so as to reach the Procuring Entity not later than five (5) working days prior to the date of the meeting. |
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9.3 Minutes of the pre-Tender meeting, including the text of the questions raised and the responses given, together with any responses prepared after the meeting, will be transmitted within seven (7) days to all those who purchased the Tender Document. Any modification to the Tender Document listed in ITT Sub-Clause 7.1 that may become necessary as a result of the pre-Tender meeting shall be made by the Procuring Entity exclusively through the issue of an Amendment pursuant to ITT Clause 10 and not through the minutes of the pre-Tender meeting. |
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9.4 Non-attendance at the pre-Tender meeting will not be a cause for disqualification of a Tenderer. |
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10. Tender Document: Amendment
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10.1 At any time prior to the deadline for submission of Tenders, the Procuring Entity for any reason, on its own initiative or in response to a clarification request in writing from a Tenderer, having purchased the Tender Document, may amend the Tender Document by issuing an amendment.
10.2 Any amendment issued shall become an integral part of the Tender Document and shall be communicated in writing to all those who have purchased the Tender Document as per ITT 7.2.
10.3 To give a prospective Tenderer reasonable time in which to take an amendment into account in preparing its Tender, the Procuring Entity may, at its discretion, extend the deadline for the submission of Tenders, pursuant to ITT Sub-Clause 30.3. In the event that an amendment is issued with a period of only one third or less of the Tendering period remaining, then the deadline for the submission of Tenders will be extended by the Procuring Entity, . |
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C. Qualification Criteria
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11. General Criteria
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11.1 To qualify for a multiple number of lots in a package for which tenders are invited in the Invitation for Tenders, The Tenderer shall demonstrate having resources and experience sufficient to meet the aggregate of the qualifying criteria for the individual lots |
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12. Experience Criteria
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12.1 The Tenderer shall have the following minimum level of supply experience to qualify for supplying the Goods and Related Services under the contract:
(a) a minimum number of years of overall experience in the supply of goods and related services as specified in the SIT;
(b) specific experience in the supplying of similar goods and related services as specified in the SIT;
(c) a minimum production capacity or availability of equipment as specified in the SIT; and
(d) in case of a Tenderer offering to supply goods which the Tenderer did not manufacture or otherwise produce, the Tenderer should have been duly authorized by the goods’ manufacturer or producer to supply the goods as evidenced in the Manufacturer’s Authorization Letter (Form G5). |
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13. Financial Criteria
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13.1 The Tenderer shall have the following minimum level of financial capacity of qualify for the supply of goods under the contract:
(a) The satisfactory completion of supply of similar goods of value stated in the SIT under a single contract in the last five years
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D. Tender Preparation
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14. Only One Tender
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14.1 A Tenderer shall submit only one (1) Tender for each lot, either individually or as a Member in a JV. A Tenderer who submits or participates in more than one (1) Tender for each lot will cause all the Tenders with that Tenderer’s participation to be rejected. |
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15. Tender Preparation Costs
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15.1 The Tenderer shall bear all costs associated with the preparation and submission of its Tender, and the Procuring Entity shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process. |
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16. Language
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16.1 The Tender, as well as all correspondence and documents relating to the Tender shall be written in the English language. Supporting documents and printed literature furnished by the Tenderer may be in another language provided they are accompanied by an accurate translation of the relevant passages into the English language, in which case, for purposes of interpretation of the Tender, such translation shall govern. |
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16.2 The Tenderer shall bear all costs of translation to the governing language and all risks of the accuracy of such translation. |
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17. Contents of Tender
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17.1 The Tender prepared by the Tenderer shall comprise the following:
(a) the Tender Submission Sheet (Form G-1);
(b) the Price Schedule (Form G-2) completed in accordance with ITT Clauses 18, 20 and 21;
(c) Original Tender Security (Form G-6) completed in accordance with ITT Clause 27;
(d) Specifications Submission Sheet (Form G-3) completed in accordance with ITT Clause 18 establishing that the Goods and Related Services conform to the Tender Documents ;
(e) alternative Tenders, if permitted, in accordance with ITT Clause 19;
(f) written confirmation authorising the signatory of the Tender to commit the Tenderer, in accordance with ITT Clause 28;
(g) documentary evidence in accordance with ITT Clause 22 establishing the Tenderer’s eligibility to Tender, including the Tenderer Information Sheet (Form G-4) and the Manufacturer’s Authorisation Letter (Form G-5), when applicable;
(h) documentary evidence in accordance with ITT Clause 23 that the Goods and Related Services are of eligible origin
(i) documentary evidence in accordance with ITT Clause 24 establishing the Tenderer’s qualifications to perform the contract if its Tender is accepted; and
(j) any other document as specified in the SIT. |
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18. Tender Submission Sheet, Price Schedules and Specifications Submission Sheet
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18.1 The Tenderer shall submit the completed Tender Submission Sheet (Form G-1) as furnished in Section 5: Tender and Contract Forms.
18.2 The Tenderer shall submit the completed Price Schedule for Goods and Related Services (Form G-2) as furnished in Section 5: Tender and Contract Forms. |
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| 18.3 The Tenderer shall submit the completed Specifications Submission Sheet (Form G-3) as furnished in Section 5: Tender and Contract Forms. |
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18.4 All the documents mentioned in ITT Sub-Clauses 18.1 to 18.3 shall be completed without any alterations to their format, filling in all blank spaces with the information requested, failing which the Tender may be rejected as being non-responsive. |
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18.5 Unless otherwise stated in the SIT, alternative Tenders shall not be considered. |
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19. Alternative Tenders
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19.1 The prices and discounts quoted by the Tenderer in the Tender Submission Sheet (Form G-1) and in the Price Schedule (Form G-2) shall conform to the requirements specified below. |
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20. Tender Prices and Discounts
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20.1 All items for each lot, as listed in Section 6: Schedule of Requirements must be listed and priced separately on the Price Schedule (Form G-2). For any item listed in the Schedule of Requirements, but not shown in the Price Schedule, it shall be assumed that the item is not included in the Tender. For any item listed in the Schedule of Requirements, but shown unpriced in the Price Schedule, it shall be assumed that the price is included in the prices of other items. In all cases the Tender shall be evaluated in accordance with ITT Sub-Clause 20.3. |
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20.2 Tenders are being invited either for individual lots or for any combination of lots and prices quoted shall correspond to 100% of the items and quantities specified for each lot. If so indicated in the SIT Contracts may be awarded on a lot-by-lot basis and Tenderers wishing to offer any price reduction for the award of more than one Contract shall specify in their Tender the price reductions applicable to each lot or combination of lots. |
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20.3 The Tenderer shall indicate on the Price Schedule (Form G-2) the unit prices (where applicable) and the total price of the lot it proposes to supply under the contract. |
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20.4 Prices indicated on the Price Schedule shall be entered separately in the following manner:
(a) the price of the goods quoted EXW (ex works, ex factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable : (i) on the components and raw materials used in the manufacture or assembly of goods quoted ex works or ex factory; or (ii) on the previously imported goods of foreign origin quoted ex warehouse, ex showroom or off-the-shelf;
(b) any local taxes (VAT and other taxes) which will be payable on the goods if the contract is awarded;
(c) the price for inland transportation, insurance, and other local costs incidental to delivery of the goods to their final destination, if specified in the SIT; and
20.5 The price of other related (incidental) services, if any, listed in the SIT. |
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20.6 Prices quoted by the Tenderer shall be fixed during the Tenderer’s performance of the Contract and not be subject to variation on any account, unless otherwise specified in the SIT.
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21. Tender Currency
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21.1 Prices for bids under:
a.) NCB shall be quoted in Naira
b.) ICB shall be expressed in widely used international currencies, as stated in the bid document. However, the portion of the bid price representing local costs shall be expressed in Naira.
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22. Documents Establishing Eligibility of the Tenderer
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22.1 The Tenderer shall submit documentary evidence to establish its eligibility in accordance with ITT Clause 4 and, in particular, shall:
(a) Complete the eligibility declarations in the Tender Submission Sheet (Form G-1), furnished in Section 5: Tender and Contract Forms; and
(b) If in accordance with ITT Sub-Clause 4.2, the Tenderer is an existing or intended JVA, it must submit the Tenderer Information Sheet (Form G-4) and a copy of the JV Agreement, or a letter of intent to enter into such an Agreement. The respective document shall be signed by all legally authorised signatories of all the parties to the existing or intended JVA, as appropriate.
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22.2 If so specified in the SIT, a Tenderer that does not manufacture or produce the Goods it offers to supply shall submit the Manufacturer’s Authorisation Letter (Form G-5) furnished in Section 5: Tender and Contract Forms, to demonstrate that it has been duly authorised by the manufacturer or producer of the Goods to supply the Goods to Nigeria.
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23. Goods and Related Services: Documents Establishing Conformity
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23.1 To establish the conformity of the Goods and Related Services to the Tender Document, the Tenderer shall furnish as part of its Tender the documentary evidence that the goods conform to Section 7: Technical Specifications and to this effect provide the specifications Submission Sheet (Form G-3).
23.2 The documentary evidence may be in the form of literature, drawings or data, and shall consist of a detailed item by item description of the essential technical and performance characteristics of the Goods and Related Services, demonstrating the substantial responsiveness of the Goods and Related Services to those requirements of Section 7: Technical Specifications, and if applicable, a statement of deviations and exceptions. The Tenderer shall note that standards for workmanship, material, and equipment as well as references to brand names or catalogue numbers designated by the Procuring Entity in its Technical Specifications, are intended to be descriptive only and not restrictive. The Tenderer may substitute alternative standards/ brand names, etc. in its tender provided that it demonstrates to the Procuring Entity’s satisfaction that substitutions ensure substantial equivalence. |
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| 23.3 The Tenderer 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 continuing functioning of the goods for a period to be specified in the SIT, following commencement of the use of the goods by the Procuring Entity. |
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24. Documents Establishing Qualifications of the Tenderers
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24.1 Tenderers shall submit documentary evidence to meet the qualification criteria specified in Sub-Section C, Qualification Criteria of the ITT.
24.2 Tenderers shall submit the Tenderer Information Sheet (Form G-4) furnished in Section 5: Tender and Contract Forms. |
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| 24.3 Tenderers shall include the following information and documents with their Tenders:
(a) total monetary value of similar goods supplied for each of the last five (5) years;
(b) details of major supplies of similar types of Goods over the last five (5) years, and clients who may be contacted for further information on those contracts;
(c) financial reports or balance sheets or profit and loss statements or auditor’s reports or bank references with documents or a combination of these demonstrating the availability of liquid assets to successfully complete the contract;
(d) authority to seek references from the Tenderer’s Bankers; and
(e) Information on past (5 years) litigation in which the Tenderer has been involved or in which the Tenderer is currently involved.
24.4 Tenders submitted by a JVA shall comply with the following requirements, and any other requirements as specified in the SIT:
(a) the Tenderer shall include all the information listed in ITT Sub-Clause 24.3 for each JVA Member;
(b) the Tender shall be signed so as to be legally binding on all Members;
(c) all Members shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms;
(d) one of the Members will be nominated as being in charge, authorised to incur liabilities, and receive instructions for and on behalf of any and all Members of the JVA; and
(e) the execution of the entire Contract, including payment, shall be done exclusively with the Member in charge. .
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25. Disqualification of Tenderers
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25.1 The Procuring Entity shall disqualify a Tenderer who submits a document containing false information for purposes of qualification or misleads or makes false representations in proving its qualification requirements. If such an occurrence is proven, the Procuring Entity may declare such a Tenderer ineligible, either indefinitely or for a stated period of time, from participation in future procurement proceedings. |
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25.2 The Procuring Entity may disqualify a Tenderer who has a record of poor performance, such as abandoning the supply, not properly completing the contract, inordinate delays, litigation history or financial failures.
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26. Tender Validity
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27.1 Tenders shall remain valid for the period specified in the SIT after the date of Tender submission prescribed by the Procuring Entity, pursuant to ITT Clause 30. A Tender valid for a shorter period shall reject by the Procuring Entity as non-responsive.
27.2 In exceptional circumstances, prior to the expiration of the Tender validity period, the Procuring Entity may solicit the Tenderers’ consent to an extension of the period of validity of their Tenders. The request and the responses shall be made in writing. The Tender Security provided under ITT Clause 27, shall also be suitably extended promptly. If a Tenderer does not respond or refuses the request it shall not forfeit its Tender Security, but its Tender shall no longer be considered in the evaluation proceedings. A Tenderer agreeing to the request will not be required or permitted to modify its Tender. |
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27. Tender Security
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27.1 The Tenderer shall furnish as part of its Tender, a Tender Security in original form (Form G-6) and in the amount specified in the SIT.
27.2 The Tender Security shall :
(a) at the Tenderer’s option, be either :
i. in the form of a bank draft or pay order; or
ii. in the form of an unconditional bank guarantee (Form G-6) issued by a commercial Bank of Nigeria, or a foreign bank acceptable to the Procuring Entity in the format furnished in Section 5: Tender and Contract Forms;
(b) be payable promptly upon written demand by the Procuring Entity in the case o conditions listed in ITT Sub-Clause 27.5 being invoked; and
(c) remain valid for a period of twenty-eight (28) days beyond the original validity period of Tenders, or beyond any period of extension subsequently requested in ITT Sub-Clause 26.2. |
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27.3 A Tender not accompanied by a valid Tender Security in accordance with ITT Sub-Clause 27.2, shall be rejected by the Procuring Entity as non-responsive.
27.4 Unsuccessful Tenderers’ Tender Security will be discharged or returned within twenty-eight (28) days of the end of the Tender validity period specified in ITT Sub-Clause 26.1 and 26.2. The Tender Security of the successful Tenderer will be discharged upon the successful Tenderer’s furnishing of the Performance Security pursuant to ITT Clause 50 and signing the Contract Agreement. |
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27.5 The Tender Security may be forfeited:
(a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer on the Tender Submission Sheet, except as provided in ITT Sub-Clause 26.2; or
(b) if the successful Tenderer fails to:
i. accept the correction of its Tender Price pursuant to ITT Sub-Clause 39.3; or
ii. furnish a Performance Security in accordance with ITT Clause 50; or
iii. sign the Contract in accordance with ITT Clause 51.
27.6 The Tender Security of a JVA shall be in the name of the JVA that submits the Tender. If the JVA has not been legally constituted at the time of tendering, the Tender Security shall be in the name of all intended JVA Members as named in the letter of intent mentioned in ITT Sub-Clause 22.1(b). |
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28. Tender Format and Signing
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28.1 The Tenderer shall prepare one (1) original of the documents comprising the Tender as described in ITT Sub-Clause 17.1 and clearly mark it “ORIGINAL.” Alternative tenders, if permitted in accordance with ITT 19, shall be clearly marked “ALTERNATIVE”. In addition, the Tenderer shall prepare the number of copies of the Tender, as specified in the SIT and clearly mark each of them “COPY.” ”. In the event of any discrepancy between the original and the copies, the original shall prevail.
28.2 The original and each copy of the Tender shall be typed or written in indelible ink and shall be signed by a person duly authorised to sign on behalf of the Tenderer. This authorisation shall consist of a written authorisation and shall be attached to the Tenderer Information Sheet (Form G-4). The name and position held by each person signing the authorisation must be typed or printed below the signature. All pages of the original and of each copy of the Tender, except for un-amended printed literature, shall be numbered sequentially and signed or initialled by the person signing the Tender. |
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28.3 Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialled by the person(s) signing the Tender. |
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E. Tender Submission
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29. Tender Sealing and Marking
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29.1 The Tenderer shall enclose the original in one (1) envelope and all the copies of the Tender in another envelope, duly marking the envelopes as “ORIGINAL” and “COPY.” The two (2) envelopes shall then be enclosed and sealed in one (1) single outer envelope.
29.2 The inner and outer envelopes shall:
(a) bear the name and address of the Tenderer;
(b) be addressed to the Procuring Entity at the address specified in the SIT;
(c) bear the name of the Tender and the Tender Number as specified in the SIT; and
(d) bear a statement “DO NOT OPEN BEFORE…” the time and date for Tender opening as specified in the SIT
29.3 If all envelopes are not sealed and marked as required by ITT Sub-Clause 29.2, the Procuring Entity will assume no responsibility for the misplacement or premature opening of the Tender. |
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30. Tender Submission Deadline
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30.1 Tenders must be received by the Procuring Entity at the address specified in the SIT no later than the date and time specified in the SIT no later than the date and time as specified in the SIT.
30.2 Tenders may be hand delivered, posted by registered mail or sent by courier. The Procuring Entity shall, on request, provide the Tenderer with a receipt showing the date and time when its Tender was received. |
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30.3 The Procuring Entity may, at its discretion, extend the deadline for the submission of Tenders by amending the Tender Document in accordance with ITT Clause 10, in which case all rights and obligations of the Procuring Entity and Tenderers previously subject to the deadline shall thereafter be subject to the new deadline as extended. |
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31. Late Tenders
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31.1 Any Tender received by the Procuring Entity after the deadline for submission of tenders in accordance with ITT Clause 30 shall be declared late, will be rejected, and returned unopened to the Tenderer. |
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32. Tender Modification, Substitution or Withdrawal
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32.1 A Tenderer may modify, substitute or withdraw its Tender after it has been submitted by sending a written notice, duly signed by the same authorised representative, and shall include a copy of the authorisation in accordance with ITT Sub-Clause 28.2, (except that no copies of the withdrawal notice are required). The corresponding substitution or modification of the Tender must accompany the respective written notice. The written notice must be:
(a) Submitted in accordance with ITT Clauses 28 and 29 (except that withdrawal notices do not require copies), and in addition, the respective envelopes shall be clearly marked “Modification” “Substitution,” or “Withdrawal,” and
(b) Received by the Procuring Entity prior to the deadline prescribed for submission of Tenders, in accordance with ITT Clause 30.
32.2 Tenders requested to be withdrawn in accordance with ITT Sub-Clause 32.1 shall be returned unopened to the Tenderers, only after the Tender opening.
32.3 No Tender shall be modified, substituted or withdrawn after the deadline for submission of Tenders specified in ITT Clause 30.
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F. Tender Opening and Evaluation
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33. Tender Opening
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33.1 The Procuring Entity shall open the Tenders in public, including modifications or substitutions made pursuant to ITT Clause 32, at the time, on the date, and at the one place specified in the SIT. Tenders for which an acceptable notice of withdrawal has been submitted pursuant to ITT Clause 32 shall not be opened. Tenderers or their authorised representatives shall be allowed to attend and witness the opening of Tenders, and shall sign a register evidencing their attendance.
33.2 The name of the Tenderer, Tender modifications, substitutions or withdrawals, total amount of each Tender, number of corrections, discounts, and the presence or absence of a Tender Security, any alternatives if so permitted, and such other details as the Procuring Entity, at its discretion, may consider appropriate, shall be read out aloud and recorded. Only those discounts and alternative offers read out at the Tender opening shall be considered for evaluation. All pages of the original of the Tenders, or mutually agreed on critical pages, as appropriate except for un-amended printed literature, will be initialled by a minimum of three (3) members of the Procuring Entity’s Tender Opening Committee. |
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33.3 Minutes of the Tender opening shall be made by the Procuring Entity and furnished to any Tenderer upon receipt of a written request. The minutes shall include, as a minimum: the name of the Tenderer and whether there is a withdrawal, substitution or modification, the Tender Price, per lot if applicable, including any discounts and alternative offers, and the presence or absence of a Tender Security, if one was required. |
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33.4 Tenders not opened and read out at the Tender opening shall not be considered, irrespective of the circumstances, and shall be returned unopened to the Tenderer. |
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33.5 No Tender shall be rejected at the Tender opening, except for late Tenders, which shall be returned unopened to the Tenderer pursuant to ITT Clause 31. |
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34. Confidentiality
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34.1 After the opening of Tenders, information relating to the examination, clarification, and evaluation of Tenders and recommendations for award shall not be disclosed to Tenderers or other persons not officially concerned with the evaluation process until after the award of the Contract is announced. |
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35. Tender Clarification
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35.1 The Procuring Entity may ask Tenderers for clarification of their Tenders in order to facilitate the examination and evaluation of Tenders. The request for clarification and the response shall be in writing, and any changes in the prices or substance of the Tender shall not be sought, offered or permitted, except to confirm the correction of arithmetical errors discovered by the Procuring Entity in the evaluation of the Tenders, in accordance with ITT Clause 39. |
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36. Tenderers Contacting the Procuring Entity
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36.1 Following the opening of the Tenders and until the Contract is signed no Tenderer shall make any unsolicited communication to the Procuring Entity or try in any way to influence the Procuring Entity’s examination and evaluation of the Tenders.
36.2 Any effort by a Tenderer to influence the Procuring Entity in its decisions on the examination, evaluation, comparison, and post-qualification of the Tenders or Contract award may result in the rejection of its Tender. |
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36.3 Notwithstanding ITT Sub Clause 36.1, from the time of Tender opening to the time of Contract award, if any Tenderer wishes to contact the Procuring Entity on any matter related to the tendering process, it should do so in writing. |
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37. Tender Responsiveness
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37.1 The Procuring Entity’s determination of a Tender’s responsiveness is to be based on the contents of the Tender itself without recourse to extrinsic evidence
37.2 A substantially responsive Tender is one that conforms in all respects to the requirements of the Tender Document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that:
(a) affects in any substantial way the scope, quality, or performance of the Goods and Related Services specified in the Contract; or
(b) limits in any substantial way or inconsistent with the Tender Document, the Procuring Entity’s rights or the Tenderer’s obligations under the Contract; or
(c) if rectified would unfairly affect the competitive position of other Tenderers presenting substantially responsive Tenders. |
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37.3 If a Tender is not substantially responsive to the Tender Document it shall be rejected by the Procuring Entity and shall not subsequently be made responsive by the Tenderer by correction of the material deviation, reservation or omission.
37.4 There shall be no requirement as to the minimum number of responsive Tenders. |
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38. Non-conformities, Errors, and Omissions
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38.1 The Procuring Entity may regard a Tender as responsive even if it contains minor deviations that do not materially alter or depart from the characteristics, terms, conditions and other requirement set forth in Tender Document or if it contains errors or oversights that are capable of being corrected without affecting the substance of the Tender.
38.2 Provided that a Tender is substantially responsive, the Procuring Entity may request that the Tenderer submits the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Tender related to documentation requirements. Such omission shall not be related to any aspect of the price of the Tender. Failure by the Tenderer to comply with the request may result in the rejection of its Tender. |
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39. Correction of Arithmetical Errors
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39.1 Provided that the Tender is substantially responsive, the Procuring Entity shall correct arithmetical errors on the following basis:
(a) If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless, in the opinion of the Procuring Entity, there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected;
(b) If there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and
(c) If there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetical error, in which case the amount in figures shall prevail subject to (a) and (b) above. |
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39.2 Any arithmetical error or other discrepancy, as stated in ITT Sub-Clause 39.1, is found it shall be immediately notified to the concerned Tenderer. |
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39.3 Any Tenderer that does not accept the correction of errors as determined by the application of ITT Sub-Clause 39.1, its Tender shall be disqualified and its Tender Security may be forfeited. |
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40. Preliminary Examination
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40.1 The Procuring Entity shall firstly examine the Tenders to confirm that all documentation requested in ITT Clause 17 has been provided, and to determine the completeness of each document submitted. |
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41. Tender: Technical Evaluation
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41.1 The Procuring Entity shall secondly examine the Tender to confirm that all terms and conditions specified in the GCC and the SCC have been accepted by the Tenderer without any material deviation or reservation.
41.2 The Procuring Entity shall evaluate the technical aspects of the Tender submitted in accordance with ITT Clause 23, to confirm that all requirements specified in Section 7: Technical Specifications, have been met without any material deviation or reservation. |
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41.3 If, after the examination of the terms and conditions and the technical aspects of the Tender, the Procuring Entity determines that the Tender is not substantially responsive in accordance with ITT Clause 37, it shall reject the Tender. |
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42. Financial Evaluation
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42.1 The Procuring Entity shall thirdly evaluate each Tender that has been determined, up to this stage of the evaluation, to be substantially responsive.
42.2 To evaluate a Tender, the Procuring Entity shall consider the following:
(a) the Tender price as quoted in accordance with ITT Clauses 18 and 20, excluding local taxes (VAT and other taxes) which will be payable on the goods if contract is awarded);
(b) price adjustment for correction of arithmetical errors pursuant to ITT Sub-Clause 39.1;
(c) the applicable economic factors of evaluation set out in ITT Sub-Clause 42.3. |
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42.3 The Procuring Entity’s economic evaluation of a Tender will take into account, in addition to the delivered price offered in accordance with ITT Sub-Clause 18.1, one or more of the factors affecting the economic value of the Tender from the list below, as specified in the SIT, and as quantified in ITT Sub-Clause 42.5:
(a) the delivery schedule offered in the Tender; and
(b) the cost of components, mandatory spare parts, and service;
(c) the availability in Nigeria of spare parts and after-sales services for the equipment offered in the Tender;
(d) the projected operating and maintenance costs during the anticipated life-cycle of the equipment;
(e) the performance and productivity of the equipment offered; or
(d) any other specific criteria as specified in Section 7: Technical Specifications. |
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42.4 For those factors specified in ITT Sub Clause 42.3 which are selected to be considered in the evaluation of the Tenders, one or more of the following quantification methods shall be applied, as specified in the SIT.
(a) Delivery schedule:
(i) The goods covered under the IFT are required to be delivered at the time specified in Section 6: Schedule of Requirements. Treating the Tender with the earliest delivery as the base, a delivery ‘adjustment’ will be calculated for other Tenders for the purpose of evaluation, by applying a percentage, as specified in the SIT, of the Tender price for each week of delay beyond the base, and this will be added to the Tender price for evaluation. No credit shall be given to early delivery.
or
(ii) The goods covered under the IFT are required to be delivered within an acceptable range of weeks as specified in Section 6: Schedule of Requirements. No credit shall be allowed to earlier deliveries, and Tenders offering delivery beyond this range shall be treated as non-responsive. Within this acceptable range, an adjustment per week, as specified in the SIT, will be added, for the purpose of evaluation, to the Tender price of Tenders offering deliveries later than the earliest delivery period specified in Section 6: Schedule of Requirements.
or
(iii) The goods covered under the IFT are required to be delivered in partial shipments, as specified in Section 6: Schedule of Requirements. Tenders offering deliveries later than the specified deliveries will be adjusted for the purpose of evaluation by adding to the Tender price a factor equal to a percentage, as specified in the SIT, of the Tender price per week of variation from the specified delivery schedule.
(b) Cost of components and mandatory spare parts:
The schedule of items and quantities of major assemblies, components, and selected spare parts, likely to be required during the initial period of operation specified in the SIT is annexed to Section 7: Technical Specifications. The total cost of these items, at the unit prices quoted in each Tender, will be added to the Tender price.
(c) Spare parts and after sales service facilities in Nigeria:
The cost to the Procuring Entity of establishing the minimum service facilities and parts inventories, as outlined in the SIT or Section 7: Technical Specifications, if quoted separately, shall be added to the Tender price.
(d) Projected operating and maintenance costs:
Operating and maintenance costs of the goods will be evaluated in accordance with the criteria specified in the SIT or in Section 7: Technical Specifications.
(e) Performance and productivity of the equipment:
(i) Tenderers shall state the guaranteed performance or efficiency of their equipment offered in response to Section 7: Technical Specifications. For each drop in the performance or efficiency below the norm of 100, an adjustment for an amount specified in the SIT will be added to the Tender price for the purpose of evaluation, representing the capitalized cost of additional operating costs over the life of the plant, using the methodology specified in Section 7: Technical Specifications.
or
(i) Equipment offered shall have a minimum productivity specified under the relevant provision in Section 7: Technical Specifications, to be considered responsive. Evaluation shall be based on the cost per unit of the actual productivity of goods offered in the Tender, and adjustment will be added to the Tender prices for the purpose of evaluation, using the methodology specified in Section 7: Technical Specifications.
(f) Specific additional criteria:
Other specific additional criteria to be considered in the evaluation and the evaluation method to be used for such criteria shall be as specified in the SIT and/or Section 7: Technical Specifications. |
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42.5 If so indicated in the SIT (ITT Sub-Clause 20.3), the Tender Document shall allow Tenderers to quote separate prices for one or more lots, and shall allow the Procuring Entity to award one or multiple lots to more than one Tenderer following the methodology specified in ITT Sub-Clause 42.6.
42.6 To determine the lowest evaluated lot, or combination of lots, the Procuring Entity shall:
(a) evaluate only the lot or lots which comply with the requirements specified in ITT Sub-Clause 20.3;
(b) take into account:
(i) the experience and resources sufficient to meet the aggregate of the qualifying criteria for the individual lots;
(ii) the lowest-evaluated Tender for each lot calculated in accordance with the requirements of Evaluation Criteria;
(iii) the price reduction per lot or combination of lots and the methodology for their application as offered by the Tenderer in its Tender; and
(iv) the Contract award sequence that provides the optimum economic combination, taking into account any limitations due to constraints in supply or execution capacity determined in accordance with the post-qualification criteria under ITT Clause 45. |
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42.7 A margin of preference shall be applied to domestic goods, if so specified in the SIT, in accordance with the methodology specified in SIT.
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43. No Negotiation
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43.1 No negotiation shall be held with the lowest or any other Tenderer.
43.2 A Tenderer shall not be required, as a condition for award, to undertake responsibilities not stipulated in the Tender Document, to change its price or otherwise to modify its Tender. |
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44. Tender Comparison
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44.1 The Procuring Entity shall compare all substantially responsive Tenders to determine the lowest-evaluated Tender, in accordance with ITT Clause 42. |
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45. Post-qualification
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45.1 The Procuring Entity shall determine to its satisfaction whether the Tenderer that is selected as having submitted the lowest evaluated and substantially responsive Tender is qualified to perform the Contract satisfactorily.
45.2 The determination shall be based upon an examination of the documentary evidence of the Tenderer’s qualifications submitted by the Tenderer, pursuant to ITT Clause 24, to clarifications in accordance with ITT Clause 35 and the qualification criteria indicated in ITT Clauses 11, 12 and 13. Factors not included therein shall not be used in the evaluation of the Tenderer’s qualification. |
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45.3 An affirmative determination shall be a prerequisite for award of the Contract to the Tenderer. A negative determination shall result in rejection of the Tenderer’s Tender, in which event the Procuring Entity shall proceed to the next lowest evaluated Tender to make a similar determination of that Tenderer’s capabilities to perform satisfactorily. |
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46. Procuring Entity’s Right to Accept or to Reject Any or All Tenders
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46.1 The Procuring Entity reserves the right to accept any Tender, to annul the Tender process, or to reject any or all Tenders, at any time prior to contract award, without thereby incurring any liability to the affected Tenderers, or any obligation to inform Tenderers of the grounds for the Procuring Entity’s actions.
46.2 The Procuring Entity reserves the right to accept any Tender, to annul the Tender process, or to reject any or all Tenders, at any time prior to contract award, without thereby incurring any liability to the affected Tenderers, or any obligation to inform Tenderers of the grounds for the Procuring Entity’s actions.. |
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G. Contract Award
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47. Award Criteria
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47.1 The Procuring Entity shall award the Contract to the Tenderer whose offer is substantially responsive to the Tender Document and that has been determined to be the lowest evaluated responsive Tender, provided further that the Tenderer is determined to be qualified to perform the Contract satisfactorily. |
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48. Procuring Entity’s Right to Vary Quantities
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48.1 The Procuring Entity reserves the right at the time of Contract Award to increase or decrease the quantity, per item, of Goods and Related Services originally specified in Section 6: Schedule of Requirements, provided this does not exceed the percentages indicated in the SIT, and without any change in the unit prices or other terms and conditions of the Tender and the Tender Document. |
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49. Notification of Award
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49.1 Prior to the expiration of the period of Tender validity, the Procuring Entity shall notify the successful Tenderer, in writing, that its Tender has been accepted.
49.2 Until a formal Contract is prepared and executed, the Notification of Award shall constitute a binding Contract. |
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49.3 The Notification of Award shall state the value of the proposed Contract, the amount of the Performance Security, the time within which the Performance Security shall be submitted and the time within which the Contract shall be signed. |
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50. Performance Security
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50.1 Within fourteen (14) days of the receipt of Notification of Award from the Procuring Entity, the successful Tenderer shall furnish Performance Security for the due performance of the Contract in the amount specified in the SIT, using for that purpose the Performance Security Form (Form G-8) furnished in Section 5: Tender and Contract Forms.
50.2 The proceeds of the Performance Security shall be payable to the Procuring Entity unconditionally upon first written demand as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract.. |
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51. Contract: Signing
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51.1 At the same time as the Procuring Entity issues the Notification of Award, the Procuring Entity shall send the Contract Agreement and all documents forming the Contract, to the successful Tenderer.
51.2 Within twenty-one (21) days of receipt of the Contract Agreement, and within one week after having delivered a valid Performance Security to the Procuring Entity, the successful Tenderer shall sign, date and return the Contract Agreement to the Procuring Entity. |
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51.3 Failure of the successful Tenderer to submit the Performance Security pursuant to ITT Clause 50 or sign the Contract pursuant to ITT Sub-Clause 51.2 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Tender Security. In that event, the Procuring Entity may award the Contract to the next lowest evaluated responsive Tenderer at their quoted price (corrected for any arithmetical errors), who is assessed by the Procuring Entity to be qualified to perform the Contract satisfactorily. |
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51.4 Immediately upon receipt of the signed Contract Agreement and Performance Security from the successful Tenderer, the Procuring Entity shall discharge and return the successful Tenderer’s Tender Security. |
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52. Advising Unsuccessful Tenderers
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52.1 At the same time as the Procuring Entity issues the Notification of Award pursuant to ITT Clause 51.1, the Procuring Entity shall also notify all other Tenderers that their Tenders have been unsuccessful.
52.2 The Procuring Entity shall promptly respond in writing to any unsuccessful Tenderer who, after notification in accordance with ITT Sub-Clause 52.1, requests in writing for the Procuring Entity to communicate the grounds on which its Tender was not selected. |
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53. Tenderers Right to Complain
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53.1 Any Tenderer has the right to complain if it has suffered or may suffer loss or damage in accordance with the current Public Procurement Regulations for Goods and Works.
53.2 The complaint shall firstly be processed through an administrative review following the procedures set out in the current Public Procurement Regulations for Goods and Works. The place and address for the first step in the submission of complaints to the Administrative Authority is provided in the SIT. |
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53.3 If not satisfied with the outcome of the administrative review, the Tenderer may complain to the BPP pursuant to the current Public Procurement Regulations for Goods and Works. |
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