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Eproc.dor.gov.np

Government of Nepal
Ministry of Physical Infrastructure & Transport Department of Roads Central Regional Roads Directorate
Division Road Office, Hetauda
Blacktop Works In Kalaiya Adalat Ganjbhawanipur Road, Bara
Sealed Quotation Notice No:- 10/070/71 Contract No:- DROHTD/337107-4/070/71-144. Location:- Kalaiya Adalat Ganjbhawanipur Road, Bara.

Table of Contents
Invitation to Bids Instruction to Bidders Sample F orms of Bid, Letter of Acceptance General Conditions of Contract (GCC) Special Conditions of Contract (SCC) Technical Specification Bill of Quantities Sample F orms of Securities

Section I. Invitation to Sealed Quotation

Section II. Instructions to Bidders
Instructions to Bidder
1. Scope of W orks
The Employer stated in the Invitation for Sealed Quotation invites bids for the construction of works as detailed in attached specifications, drawings and the bill of quantities provided herein. 2. Eligible Bidde r
This Invitation for Bids is open to all registered contracto rs with quali fications as described below: a) Up to date Firm/Company Registration Certificate b) VAT and PAN Registration Certificates c) Tax Clearance Certificate d) A written declaration made by the Bidder stating that the Bidder is not ineligible to participate in the bid; has no conflict of interest in the bid procu8rement proceedings and has not been punished for the profession or business related offence. e) Power of Attorney f) Other documents as needed 3. One Bid per Bidder
Each Bidder shall submit only one quotation, A Bidder who submits more than one quotation shall cause all the quotations with the Bidder's participation to be disqualified. 4. Cost of Bidding
The Bidder shall bear all costs associated with the preparation and submission of his bi d and the Employer shall i n no c ase be li able for those costs. 5. Site Visit
The Bidder at his own cost, responsibility and risk may visit the site of the works and acquire all necessary information for preparing the bid and entering into a contract for construction of the works. 6. Content of
The Quotation Form comprise the documents listed below: Quotation Form
Invitation for Sealed Quotations Instructio ns to Bidders Forms of Bid, Letter of Acceptance and Agreement General Conditions of Contract (GCC) Special Conditions of Contract (SCC) Technical Specification Bill of Quantities Sample F orms of Securities 7. Clarification
A prospective Bidder may obtain clarification on the Quotation Form from the Employer. 8. Language of Bid
All documents relating to the bid shall be in English or in Nepali. 9. Docume nts
The bid by the Bidder shall comprise the following: Compri sing Bid
Bid and Eligibility Information

Priced Bill of Quantities 10. Bid Prices
The co ntract shall be for the whole works described in scope of works based on the priced Bill of Q uantities submitted by the Bidder. The Bidder shall fill in rates and prices for all items of the works in Nepali Rupees. Items for which no rate or price is ent ered shall be deemed covered by the other rates and pric es in the Bill of Quantities and shall not be paid separately by the Employer. All duties, taxes and other levies payable by the contractor under the contract shall be included in the rates, prices and total Bid P rice submitted by the Bidder. 11. Bid Validity
The Bid sh all remain valid for the period of.45 days after opening. Of the quotation. 12. Bid Security
The Bidder shall furnish a Bid Security in Nepali Rupees in the amount equivalent to 2.5 % of the bid amount. The Bid Security shall remain valid for a period of 75 days after opening of the quotation. The Bid S ecurity shall be in the form of cash voucher deposited in the Bank Account of the Employer specified in the notice for "Invitation for Quotation" or a bank guarantee from a bank acceptable to the Employer. 13. Forma t and
The bid shall be typed or written in indelible ink and shall be signed by an Signing of Bids
authorized person. Any entries or amendments including alt ernations, additions or co rrections made shall be initialle d by the same authorized person. 14. Sealing a nd
The Bidder shall submit his bid in sealed envelopes. The envelope sh all Marking of Bids
be addressed to the Employer specified in the Invitation for Quotation and shall bear the name and identificati on number of the quotation. 15. Deadline for
Bids shall be delivered to the Employer at the address no later than the Submissio n of
time and date specified in the Invitation for Quotation. 16. Late Bids
Any bid received by the Employ er after the deadli ne shall not be accepted and shall be returned unopened to the Bidder upon request. Bids once submitted shall not be withdrawn or modified. and Withdrawal
of Bids
18. Bid Opening
The Em ployer shall open the bids in the pres ence of the Bidders' representati ves who choose to attend at the time and in the place as specified in the Invit ation for Q uotation. The Employer sh all prepare and provide minutes of the bid opening including the information disclosed to those present. 19. Process to be
Information relating to the exami nation, evaluation and comparison of bids and recomm endations for the award of a contract shall not be disclosed to Bidders or any other perso ns not officially concerned with such process until the award to the successful Bidder has been announce d. Any efforts by the Bidder to influence the Em ployer in the bid evaluation, bid comparis on or contract award decisions may result in rejection of Bidder's bid.

Prior to the detailed evaluation of Bids, the Employer shall determine whether each bid (a) meets the eligibility criteria defined in Clause 2; (b) has been properly signed; (c) is accompanied by the required securities; and (d) is substantially responsive to the requirements of the Bidding documents. 21. Evaluation and
21.1 In evaluating the Bids, the Employer shall determine for each bid the Compari son of
evaluated Bid Price by adjusting any corrections for errors. Bids shall be checked by the Employer for any arithmetic errors. Errors shall be corrected by the Employer as follows: a where there is a discrepancy between the amounts in figures and in words, the amount in words shall govern; and b. where there is a discrepancy between t he unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted shall govern 21.2 If the Bidder does not accept the corrected amount, the bid shall be rejected and the Bid Security may be forfeited. 22. Awa rd of
22.1 The Employer shall decide the award of the contract to the Bidder Contract
whos e bid is within the approved estimate and who has offered the lowest evaluated Bi d Price within 15 days of the opening of the quotation, provided that such Bidder has been determined to be eligible in accordance with the provisions of Clauses 2. 22.2 If the bid, which results in the lowest Evaluated Bid price, is unbalanced or frontloaded in relation to the Employer's estimate of the items of Work to be performed under the contract, the Employer shall ask the bidder to give clarification with detailed rate analysis for any or all items of the Bill of Quantities. If the clarification is found satisfactory then the Employer shall increase at the expense of the bidder the performance security set forth in Clause 25 by an additional 8% of the quoted amount to protect the Employer against financial loss in the event of default of the successful bidder under the contract and if the clarification is found unsatisfactory then the Employer may reject such bid. 23. Employer's Right
The Employer reserves the right to accept or reject any bid or to cancel to Accept any Bid
the bidding process and reject all bids, at any time prior to the award of the and to Reject any
contract, without assigning any reasons whatsoever and without thereby or all Bids
incurring any liability to the affected Bidder or Bidders. 24. Notification of
24.1 The Bidder whose bid is accepted and all other participating bidders Awa rd and
shall be notified of the award by the Employer. Signing of
Agreement
24.2 The notification (hereafter called the "Letter of Acceptance") to the

successful Bidder shall state the sum that the Employer shall pay the Bidder in consideration of the execution, completion, and maintenance of the works as described by the contract. Within 7 days of receipt of the Letter of Acceptance, the successful Bidder shall deliver the Performance Security pursuant Clause 25 and sign the Agreement. 24.3 Inability of the Bidder to make an Agreement within t he above stated period shall res ult in cancellation of the Contract Award and forfeiture of the Bidder's Bid Security, upon which the Contract shall then be awarded to the next successive successful Bidder. 25. Performance
The successful Bidder shall deliver to the Empl oyer a P erformance Security
Security in cash or Bank Guarantee acceptable to the Employer equivalent to 5% of the bid amount. The Bidder may be required to provide additional Performance Security if Securities
the Employer determines that the rate quoted by the Bidder in the Bill of Quantities, are too low for execution of the contract. In such case, the Employer shall instruct the Bidder to provide additional 8% security for signing of the Contract Agreement. Bidder's failure to do provide additional security shall result in forfeiture of the Bid Security and award of the Contract to the next lowest evaluated Bidder. 27.Corrupt
The Employer shall reject a bid for award if it determines that the Bidder Fraudulent
recommended for award of contract has engaged in corrupt or fraudulent Practices
practices in competing for the contract in question. 28.Conduct
28.1 The Bidder shall be res ponsible to fulfil his obligations as per the requirement of the Contract Agreement, Bidding documents, GoN's Procurement Act and Regulations. 28.2 The Bidder shall not carry out or cause to carryout the following acts with an intention to influence the implementation of the procurement process or the procurement agreement : a) give or propose improper inducement directly or indirectly, b) distortion or misreprese ntation of facts c) engaging or being involved in corrupt or fraudulent practice d) interference i n participation of other prospective bidders. e) coercion or threatening directly or indirectly to cause harm to the perso n or the property of any pers on to be involved in the procurement proceedings, collusive practice among bidders before or after submission of bids for distributio n of works among bidders or fixing artificial/uncompetitive bid price with an intention to deprive the Employer the benefit of open competitive bid price. g) contacting the Empl oyer with an int ention to influenc e the Employer with regards to the bid or interference of any kind in examinati on and evaluation of the bids during the period after opening of bi ds up to the noti fication of award of contract 29. Blacklisting
29.1 Without prejudice to any other right of the Employer under this Contract, GoN, Public P rocurement Monitoring Office may blacklist a bidder for his conduct up to three years on the following grounds and seriousness of the act committed by the bidder: a) if it is proved that the bidder committed acts pursuant to the Sub - b) if the bidder fails to sign an agreement pursuant to Sub - Clause c) if it is proved later that the bidder/contractor had committed substantial defect in implementation of the contract or had not substantially fulfilled his obligations under the contract or the complete d work is not of the speci fied quality as per the contract , d) if convicted by a court of law in a criminal offenc e which disqualifies the bidder from participating in the contract. e) if it is proved that the contract agreement signed by the bidder was based on false or misrepresentatio n of bidder's qualificati on information, other acts mentioned in the Bidding Data 29.2 A firm declared blacklisted and ineligible by the GON shall be ineligible to bid for a contract during the period of time determined by the PPMO. G. Bidding Data
Instruction to B idders Clause Refe rences
A. General
The Employer is: Government of Nepal
Ministry of Physical Infrastructure & Transport
Department of Roads
Central Regional Roads Directorate
Division Road Office, Hetauda
The Scope of Work: As Per tender notice
Bidder's Eligibility Requirement: g) Registration Certificate
h) Business Registration Licence
i) VAT Clearance Certificate or
Submissions of Tax Returns up to [Previous Fiscal year]
j) A written declaration d or businesses related offence.
k) Joint Venture Authorization/ Agreement (if any)
l) Power of Attorney
B. Bidding Documents
Employer's address for clarification purposes is: Division Road Office,
Hetauda
Requests for clarification should be received by the Employer no later
than: 7 days prior to bid opening date
C. Preparation of Bids
The language of the bid is: English/Nepali
The bid validity period shall be: 45 days from the last date of openimg of
Bid
.Amount of Bid Security shall be: As Per tender notice
The bid validity period shall be: 30 days more to Bid Validity period
The Bank Account of the Employer: Nepal Bank Limited, Hetduda A/C
No. Kha 3 25-51-11171 (Deposit Account
The written confirmation of authorization to sign on behalf of the Bidder shall indicate: [insert "
(a) The name and description of the documentation required to demonstrate
the authority of the signatory to sign the Bid such as a Power of Attorney;
and
(b) In the case of Bids submitted by an existing or intended JV an undertaking
signed by all parties (i) stating that all parties shall be jointly and
severally liable, and (ii) nominating a Representative who shall have the
authority to conduct all business for and on behalf of any and all the
parties of the JV during the bidding process and, in the event the JV is
awarded the Contract, during contract execution."]
D. Submission of Bids
The Employer's address for bid submission purposes is: Division Road
Office, Hetauda
The deadline for bid submission is:
Date: As specified in tender notice
Time: 12:00 hrs
E. Bid Opening and Evaluation
The bid opening shall take place at: Address: Division Road Office, Hetauda
Date: As specified in tender notice
Time: 14:00 hrs
In case of e-submission of bid, the Bidder shall submit his bid submission
electronically in PDF files in the manner as specified in ITB C lause 14 and submission of hard copy of " original plus one copy of bid" (as stated above ) is not mandatory. In case if both the electronic bid and original bid in hard copy are submitted to the employer within the bid submission dead line, the Bidders electronic bid and original bid in hard copy will be accepted for evaluation provided if the facts and figures in hard copy confirm to the PDF files in electronic bid. If there is any discrepancy in facts and figures in the electronic bid and original bid in hard copy it will be treated as two separate bids from one bidder and hence, both electronic bid and original bid in hard copy shall be disqualified, as per ITB Clause 3. Bid in hard copy may be submitted in the Employer's Office or concerned Regional Directorate Office or the Department of Roads, Babarmahal Office. However, for electronically submitted bid in PDF files, the Bidder shall required to submit original Bid security letter/ documents/ clarifications as specified in ITB clause 9. The Bidders must submit their Hardcopy of required document within 5 days of last date of bid submission date otherwise Bid security should be forfeited and appropriate action shall be taken as PPA
Adjudication Reference of Dispute to: Dispute Resolution Board (DRB) or Adjudication
The Dispute Board Member/ Adjudicator proposed by the Employer : The Advance Payment amount shall be: 15% of the contract price
excluding Provisional Sums day works, VAT
Deductions from Payment Certificates will commence in the first certificate in which the value of works executed exceeds 20% of the contract price. Deduction will be at the rate of 30% of the respective Monthly Interim Payment Certificate until such time as the advance payment has been repaid; provided that the advance payment shall be completely repaid prior to the end of 80 % of the approved contract period. If the contractor fails to complete 30 percent of the works within 50 percent of the contract period, the Employer will be liable to recover at least 50 percent of advance payment from the submitted Bank Guarantee. The employer shall recover the other 50 percent of Bank Guarantee if contractor fails to complete 80 percent of the works within 80 percent of the contract period The Performance Security shall be for the following minimum amounts Performance
equivalent as a percentage of the Contract Price: Five (5%) Percent
Security
If the successful bid is seriously unbalanced or front loaded in the opinion of the Employer , the Employer may require the Bidder to produce detailed price analysis for any or all items of Bill of Quantities, to demonstrate the consistency of those prices with construction methods and schedule proposed. After evaluation of price analysis, taking into consideration of the schedule of estimated contract payment, the Employer may require that
the amount of Performance Security be increased at the expense of the
bidder by an additional 8% of the initial Contract price of successful
bidder under the contract.
The Performance Security shall be valid until a date 30 days from the date of issue of Defect Liability Certificate. Performance Security submitted to the Employer shall be "an Unconditional (on demand) Bank Guarantee" from a recognized "A" Class Commercial Bank acceptable to the Employer in the type of format as presented in Section IX of the Bidding Document. Notes on Forms of Bid, Eligibility Information, Letter of Acceptance and Agreement The Agreement shall inc orporate any corrections or modifications to the bid resulting from corrections
of errors, acceptable deviations or any other mutually-agreeable changes allowed for in the General
Conditions.
The bid which the contractor has submitted to the Employer becomes part of the contract documents.
All the information with regard to the preparation of bid to meet the Employer's requirements shall be
provided before issuing the bidding documents.
The contractor shall provide the remaining information by completing the form.



Section III. Sample Forms of Bid, Eligibility Information,
Letter of Acceptance and Agreement

We have examined the documents listed in Instruction to Bidders, Clause 4 and offer to exec ute the Works in conformity with the Contract for the sum of …………………………. (in figures) or such other sum as may be ascertained under the This bid shall remain binding until _ [date]. This bid and your written acceptance of it shall constitute a binding co ntract between us. We understand that the Em ployer is not bound to accept the lowest or any offer recei ved for the Signature _ Date: _ Name : _ Authorised to sign on behalf of (organisation Office Stamp o f the Organisation: Eligibility Information
Notes to Bidders The information to be filled i n by Bidders in the following pages shall be used for purposes of eligibility as provided for in Clause 2 of the Instructions to Bidders. T his information shall not be incorporated in the Contract. Attach additional pages as necessa ry. Eligibility Requirements:
All Bidders shall submit following documents as pre- requisites for eligibility: a. Constitution or legal status of Bidder: [attach copy] b. Up to date Registration Certificate: [attach copy] c. Pan Registration Certificate: [attach copy] d. Up to date Tax Returns/ Clearance: [attach copy] e. Power of Attorney: [attach copy] f. Place of registration: [insert] g. A written declaration made by the Bidder stating that the Bidder is not ineligible to participate in the bid; has no conflict of interest in the bid procu8rement proceedings and has not been punished for the profession or business related offence. h. Principal Place of business: [insert] Letter of Acceptance
[Letterhead of the Employer]
To: [name and address of the contractor] This is to notify you that your Quotation (Bid) dated [date] for execution of the [name of the Contract and identification number, as given in the Invitation for Quotation] for the Contract Price of [insert the amount in Nepalese Rupees in numbers and words] as corrected and modified1 in accordance with the Instructions to Bidders is hereby accepted by our Agency. You are hereby instructed to contact our office [Office address] to sign the formal agreement on [date] at [time]. As per the Instructions to Bidders you are also required to submit Performance Security, as specified in the Section VIII Sample Forms of Securities, , consisting of a Bank Guarantee in an approved format or cash deposit voucher in favour of the Employer in the Employer's Bank account [enter account details]. The Employer shall forfeit the bid security, in case you fail to furnish the Performance Security and to sign the contract. Please convey our unconditional acceptance by signing on the original of this letter and submit the required Performance Security at the time of formal agreement. Authorised Signature: 1 Delete "corrected and" or "and modified" if not applicable. See Notes on Standard Form of Agreement, next page. Agreement

This Agreement, made the [day] day of [month], [year] between [name and address of
Employer] (hereinafter called "the Employer") and [name and address of contractor]
(hereinafter called "the contractor") of the other part.
Whereas the Employer is desirous that the contractor execute [name and identification number of contract] (hereinafter called "the Works") and the Employer has accepted the bid for [insert the amount in Nepalese Rupees in numbers and words] by the contractor for the execution and completion of such Works and the remedying of any defects therein. Now this 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 hereinafter referred to, and they shall be deemed to form and be read and construed as part of this Agreement. 2. In consideration of the payments to be made by the Employer to the contractor as hereinafter mentioned, the contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract. 3. The Employer hereby covenants to pay the contractor in consideration of the execution and completion of the Works and the remedying of defects wherein, 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 thereto have caused this Agreement to be executed the day and year first before written. The Common Seal of was hereunto affixed in the presence of: Signed, Sealed, and Delivered by the said in the presence of: Binding Signature of Employer Binding Signature of Contractor _ Section IV. General Conditions of Contract (GCC)

1.
General Provisions
1.1 Definitions
In the Contract as defined below, the words and expressions defined shall have the following meanings assigned to them, except where the context requires otherwise: The Contract
1.1.1 "Contract" means the Agreement signed between the
Employer and the contractor and the other documents listed in the Special Conditions of Contract (SCC). 1.1.2 "Specification" means the document as listed in the SCC,
and any variation to such document. 1.1.3 "Drawings" means the Employer's drawings of the Works
as listed in the SCC, and any variation to such drawings. 1.1.4 "Bill of Quantities" means the priced and completed bill
of quantities forming part of the Tender. 1.1.5 "Bid or Quotation" means the contractor's priced offer
to the Employer for the execution and completion of the Works and the remedying of any defects therein in accordance with the provisions of the Contract, as accepted by the Letter of Acceptance. 1.1.6 "Letter of Acceptance" means the formal acceptance by
the Employer of the bid or Tender.
1.1.7 "Employer" means the person named in the Agreement
and the legal successors in title to this person, but not (except with the consent of the contractor) any assignee. 1.1.8 "Contractor" means the person named in the Agreement
and the legal successors in title to this person, but not (except with the consent of the Employer) any assignee. 1.1.9 "Party" means either Employer or the contractor.
Date, Times
1.1.10 "Commencement Date" means the date stated in the
and Periods
SCC after the date the Agreement comes into effect or any other date agreed between the Parties. 1.1.11 "Day" means a calendar day.
1.1.12 "Time for Completion" means the time for completing
the Works as stated in the SCC (or as extended under Sub-Clause 6.3), calculated from the Commencement Date. Money and
1.1.13 "Cost" means all expenditure properly incurred (or to be
Payments
incurred) by the contractor, whether on or off the Site, including overheads and similar charges, but does not include profit. 1.1.14 "Contract Price" means the sum stated in the Letter of
Acceptance as payable to the contractor and adjusted with any Variation Orders and Other Adjustments upon completion of the works and the remedying of any defects therein in accordance with the provisions of the Contract. 1.1.15 "Retention Money" means the aggregate of all monies
retained by the Employer pursuant to Sub-Clause 10.3 1.1.16 "Contractor's Equipment" means all apparatus,
Definitions
machinery, vehicles, facilities and other things required for the execution of the Works but does not include Materials or Plant. 1.1.17 "Country" means Nepal.
1.1.18 "Employer's Liabilities" means those matters listed in
1.1.19 "Materials" means things of all kinds (other than Plant)
intended to form or forming part of the permanent work. 1.1.20 "Plant" means the machinery and apparatus intended to
form or forming part of the Permanent Works. 1.1.21 "Site" means the places provided by the Employer where
the Works are to be executed, and any other places specified in the Contract as forming part of the Site. 1.1.22 "Variation" means any change which is a result of
unforeseen circumstances that arise as a result of instruction by the Employer/ Engineer under Sub-Clause 9.1. 1.1.23 "Works" means all the work and design (if any) to be
performed by the contractor including temporary work and any Variation. 1.1.24 "Permanent Works" means the permanent works to be
executed (Including Plant) in accordance with the Contract. 1.1.25 "Temporary Works" means all temporary works of every
kind (other than contractor's Equipment) required in or about the execution and completion of the Works and the remedying of any defects therein. 1.1.26 "Adjudication" means the procedure to be adopted by
the contractor and the Employer in solving the dispute if it is not solved amicably pursuant to Sub-Clause 13.1. 1.2 Interpretation
Words importing persons or parties shall include firms and organisations. Words importing singular or one gender shall include plural or the other gender where the context requires. 1.3 Priority of
The documents forming the Contract shall to be taken as Documents
mutually explanatory of one another. If an ambiguity or discrepancy is found in the documents, the Employer shall issue any necessary instructions to the contractor, and the priority of the documents shall be in accordance with the order as listed in the SCC. The law of the Contract is stated in the SCC. 1.5 Communications
Where provision is made for the giving or issue of any notice, instruction, or other communication by any person, unless otherwise specified such communication shall be written in the language stated in the SCC as shall not be unreasonably withheld or delayed. If a notice given pursuant to Sub Clause 1.5 fails to be delivered due to failure to trace the address of the party then the notice shall be published as public notice in a National daily newspaper and when the notice is so published then the notice shall be considered to be delivered to the concerned party. 1.6 Statutory
The contractor shall comply with the laws of the countries where Obligations
activities are performed. The contractor shall give all notices and pay all fees and other charges in respect of the Works. The Employer
2.1 Provision of
The Employer shall provide the Site and right of access thereto at the times stated in the SCC. 2.2 Permits and
The Employer shall, if requested by the contractor, assist him in Licenses
applying for permits, licences or approvals which are required for the Works. 2.3 Employer's
The contractor shall comply with all instructions given by the Employer in respect of the Works including the suspension of all or part of the Works. 2.4 Approvals
No approval or consent or absence of comment by the Employer or the Employer's representative shall affect the contractor's obligations. Employer's Representatives
3.1 Authorised
One of the Employer's personnel shall have authority to act for him. This authorised person shall be as stated in the SCC, or as otherwise notified by the Employer to the contractor. 3.2 Employer's
The Employer may also appoint a firm or individual to carry out certain duties. The appointee may be named in the SCC, or notified by the Employer to the contractor from time to time. The Employer shall notify the contractor of the delegated duties and authority of this Employer's representative. The Contractor
4.1 General
The contractor shall carry out the Works properly and in Obligations
accordance with the Contract. The contractor shall provide all supervision, labour, Materials, Plant and contractor's Equipment which may be required. All Materials and Plant on Site shall be deemed to be the property of the Employer. During continuance of the of the contract, the contractor and his sub-contractors shall abide at all times by all labour laws, including child labour related enactments, and rules made there under. A child who has not attained the age of fourteen years shall not be employed in any work as a labourer. 4.2 Contractor's
The contractor shall submit to the Employer for consent the name and particulars of the person authorised to receive instructions on behalf of the contractor. 4.3 Subcontracting
The contractor shall not subcontract the whole of the Works. The contractor shall not subcontract any part of the Works without the consent of the Employer. 4.4 Performance
As stated in the SCC, the Contractor shall deliver to the Employer Security
no later than the date specified in the Letter of Acceptance. Employer's Liabilities
5.1 Employer's
In this Contract, Employer's Liabilities mean: Liabilities
a. war, hostilities (whether war be declared or not), invasion, act of foreign enemies, within the Country, b. rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, within the Country, c. riot, commotion or disorder by persons other than the contractor's personnel and other employees, affecting the Site and/or the Works. d. use or occupation by the Employer of any part of the Works, except as may be specified in the Contract, e. design of any part of the Works by the Employer's personnel or by others for whom the Employer is responsible, f. any operation of the forces of nature affecting the Site and/or the Works, which was unforeseeable or against which an experienced contractor could not reasonably have been expected to take precautions g. a suspension under Sub-Clause 2.3 unless it is attributable to the contractor's failure, h. any failure of the Employer, i. physical obstructions or physical conditions, other than climatic conditions, encountered on the Site during the performance of the Works, which obstructions or conditions were not reasonably foreseeable by an experienced contractor and which the contractor immediately notified to the Employer, j. any delay or disruption caused by any Variation, k. any change to the law of the Contract after the date of the contractor's offer as stated in the Agreement,losses arising out of the Employer's right to have the permanent work executed on, over, under, in or through any land, and to occupy this land for the permanent work, and l. damage which is an unavoidable result of the contractor's obligations to execute the Works and to remedy any defects. Time for Completion
6.1 Execution of the
The contractor shall commence the Works on the Commencement Date and shall proceed expeditiously and without delay and shall complete the Works within the Time for Completion. 6.2 Programme
The contractor shall submit to the Employer a programme for the Works within the time stated in the SCC 6.3 Extension of
The contractor shall be entitled to an extension to the Time for Completion if he is or shall be delayed by any of the Employer's Liabilities. The contractor shall submit an application to the Employer for extension of time, stating the causes for delay, 7 days before the expiry of the Contract completion date. On receipt of an application from the contractor, the Employer shall consider all supporting details provided by the contractor and shall extend the Time for Completion as appropriate. 6.4 Liquidated
If the contractor fails to complete the Works within the Time for Damages for
Completion, the contractor's liability to the Employer for such failure shall be to pay the amount stated in the SCC for each day for which he fails to complete the Works. Taking-Over
7.1 Completion
The contractor may notify the Employer when he considers that the Works are complete. 7.2 Taking-Over
The Employer shall notify the contractor when he considers that the contractor has completed the Works stating the date accordingly. Alternatively, the Employer may notify the contractor that the Works, although not fully complete, are ready for taking over, stating the date accordingly. The Employer shall take over the Works upon the issue of this notice. The contractor shall promptly complete any outstanding work and, subject to Clause 8, clear the Site. Remedying Defects
8.1 Remedying
The Employer may at any time prior to the expiry of the period stated in the SCC, notify the contractor of any defects or outstanding work. The contractor shall remedy at no cost to the Employer any defects due to the contractor's design, materials, plant or workmanship not being in accordance with the Contract. Failure to remedy any defects or complete outstanding work within a reasonable time of the Employer's notice shall entitle the Employer to carry out all necessary work at the contractor's cost. 8.2 Uncovering
The Employer may give instruction as to the uncovering and/or and Testing
testing of any work. Unless as a result of any uncovering and/or testing it is established that the contractor's design, materials, plant or workmanship are not in accordance with the Contract, the Contractor shall be paid for such uncovering and/or testing as a Variation in accordance with Sub-Clause 9.2. Variations and Claims
9.1 Right to Vary
The Employer may instruct Variations. 9.2 Valuation of
Variations shall be valued as follows: Variations
a. where appropriate, at rates in the Contract, or b. in the absence of appropriate rates, the rates in the Contract shall be used as the basis for valuation or c. at appropriate new rates, as may be agreed or which the Employer considers appropriate. 9.4 Right to Claim
If the contractor incurs cost as a result of any of the Employer's Liabilities, the contractor shall be entitled to the amount of such cost. If as a result of any of the Employer's Liabilities, it is necessary to change the Works, this shall be dealt with as a Variation. 9.5 Variation and
The contractor shall submit the Employer an itemised make-up of the value of Variations and claims within 7 days of the instruction Procedure
or of the event giving rise to the claim. The Employer shall check and if possible agree the value. In the absence of agreement, the Employer shall determine the value. 10. Contract Price and Payment
10.1 Valuation of
The Contract Bill of Quantities and the approved Variation the Works
quantities shall be used to calculate the valuation of the works completed .The contractor shall be paid for the quantity of work done at the rate in the Bill of Quantities or rate agreed pursuant to clause 9.2 for varied works. 10.2 Payments
The Contractor shall submit to the Employer monthly statements Certificates
of the estimated value of the works completed less the cumulative amount certified previously. The Employer shall check the Contractor's monthly statement and certify the amount to be paid to the Contractor 10.3 Payments
The Employer shall pay to the contractor the amount certified less retention at the rate stated in the SCC within 30 days of the date of each certificate. 10.4 Payment of
One half of the retention shall be repaid by the Employer to the Retention
contractor within 30 days upon expiry of Defects Liability Period and the Employer has certified that the notified defects have been corrected. The remainder of the retention shall be paid by the Employer to the contractor within 7 days after submission of evidence document from the concerned Internal Revenue Office that the contractor has submitted his Income Returns 10.5 Advance Payment a The Employer may make advance payment to the contractor
of the amounts stated in the SCC within 30 days, against provision by the contractor of an Unconditional Bank Guarantee in a form and by a bank acceptable to the Employer in amounts and currencies equal to the advance payment. The Guarantee shall remain effective until the advance payment has been repaid, but the amount of the Guarantee shall be progressively reduced by the amounts repaid by the contractor. Interest will not be charged on the advance payment. b. The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due to the contractor, following the schedule of completed percentages of the Works as indicated in SCC 10.6 Local Taxation
a. The prices quoted by the Contractor shall include all taxes & Value Added
that may be levied in accordance to the laws and regulations in being in Nepal. b. The Contract is not exempted from value added tax. The Contractor shall pay VAT in the concerned VAT office within time frame specified in VAT regulation. 11. Termination of Contract
11.1 Default by
If the contractor abandons the Works, refuses or fails to comply Contractor
with a valid instruction of the Employer or fails to proceed expeditiously and without delay or is, despite a written complaint, in breach of the Contract, the Employer may give notice referring to this Sub-Clause and stating the default. If the contractor has not taken all practicable steps to remedy the default within 15 days after the contractor's receipt of the Employer's notice, the Employer may, by a second notice given within a further 22 days, terminate the Contract. The Contractor shall then demobilize from the Site leaving behind Materials and Plant and any contractor's Equipment which the Employer instructs in the second notice to be used until the completion of the Works. 11.2 Default by
If the Employer fails to pay in accordance with the Contract, or is, Employer
despite a written complaint, in breach of the Contract, the contractor may give notice referring to this Sub-Clause and stating the default. If the default is not remedied within 7 days after the Employer's receipt of this notice, the contractor may suspend the execution of all or parts of the Works. If the default is not remedied within 30 days after the Employer's receipt of the contractor's notice, the contractor may, by a second notice given within a further 22 days, terminate the Contract. The contractor shall then demobilise from the Site. 11.3 Insolvency
If a Party is declared insolvent under any applicable law, the other Party may by notice terminate the Contract immediately. The contractor shall then demobilise from the Site leaving behind, in the case of the contractor's insolvency, any contractor's Equipment which the Employer instructs in the notice is to be used until the completion of the Works. 11.4 Termination by
Notwithstanding the above, the Employer shall be entitled to Convenience
terminate the Contract in public interest, at any time at the Employer's convenience, by giving notice of such termination to the contractor. 11.5 Payment upon
After termination, the contractor shall be entitled to payment of Termination
the unpaid balance of the value of the Works executed and of the Materials and Plant reasonably delivered to the Site, adjusted by the following: a. any sums to which the contractor is entitled under Sub- b. any sums to which the Employer is entitled, c. if the Employer has terminated under Sub-Clause 11.1 or 11.3, the Employer shall be entitled to a sum equivalent to 20% of the value of those parts of the Works not executed at the date of the termination, d. if the contractor has terminated under Sub-Clause 11.2 or 11.4, the contractor shall be entitled to the Cost of his suspension and demobilisation together with a sum equivalent to 10% of the value of those parts of the Works not executed at the date of termination The net balance due shall be paid or repaid within 30 days of the notice of termination. 12. Risk and Responsibility
12.1 Contractor's
The contractor shall take full responsibility for the care of the Care of the
Works from the Commencement Date until the date of the Employer's notice under Sub-Clause 7.2. Responsibility shall then pass to the Employer. If any loss or damage occurs to the Works during the above period, the contractor shall rectify such loss or damage so that the Works conform to the Contract. 12.2 Force Majeure
If a Party is or shall be prevented from performing any of its obligations by Force Majeure, the Party affected shall notify the other Party immediately. If necessary, the contractor shall suspend the execution of the Works and, to the extent agreed with the Employer, demobilise the contractor's Equipment. If the event continues for a period of 90 days, either Party may then give notice of termination which shall take effect 30 days after the giving of the notice. After termination, the contractor shall be entitled to payment of the unpaid balance of the value of the Works executed and of the Materials and Plant reasonably delivered to the Site, adjusted by the following: a. any sums to which the contractor is entitled under Sub- b. the Cost of his suspension and demobilisation, c. any sums to which the Employer is entitled. The net balance due shall be paid or repaid within 30 days of the notice of termination. 13. Resolution of Disputes
13.1 Adjudication
If any dispute shall arises out of or in connection with the Contract, including any valuation or other decision of the Employer, then the parties shall attempt to settle such dispute amicably. However if the dispute is not settled amicably then the dispute shall be referred to the Adjudicator. The adjudicator shall be any person agreed by the Parties. In case of disagreement the Employer shall request Nepal Council of Arbitration (NEPCA) for appointment of the Adjudicator. 13.2 Amicable
If either Party is dissatisfied with the decision of the adjudicator attempt shall be made to resolve the dispute amicably. 14.Conduct
14.1 The Bidder shall be responsible to fulfil his obligations as per the requirement of the Contract Agreement, Bidding documents, GoN's Procurement Act and Regulations. 14.2 The Bidder shall not carry out or cause to carryout the of the procurement process or the procurement agreement : h) give or propose im proper inducement directly or distortion or misrepresentation of facts engaging or being involved in corrupt or fraudulent practice k) interference i n participation of other prospective bidders. coercion or threatening directly or indirectly to cause harm to the person or the property of any person to be invol ved in the procurement proceedings, m) collusi ve practice among bidders before or aft er submission of bids for distributi on of works am ong bidders or fixing artificial/uncompetitive bid price with an intention to deprive the Em ployer the benefit of open competitive bid price. n) contacting the Employer wit an intention to influence the Employer with regards to the bid or interference of any kind in examination and evaluation of the bids during the period after opening of bids up to the notific ation of award of contract 15. Blacklisting
15.1 Without prejudice to any other right of the Employer under this Contract, GoN, Public Procurement Monitoring Office may blacklist a bidder for his conduct up to three years on the following grounds and seriousness of the act committed by the bidder: g) if it is proved that the bidder committed acts purs uant to the Sub - Clause 14.2, h) if the bidder fails to sign an agreement pursuant to Instruction to Bidders Sub - Clause 24.2, if it is proved later that the bidder/contractor had committed substantial defect in implementation of the contract or had not substantially fulfilled his obligations under the contract or t he completed work is not of the specified quality as per the contract , if convicted by a court of law in a criminal offence which disqualifies the bidder from participating in the contract. k) if it is proved that the contract agreement signed by the bidder was based on false or misrepresentation of bidder's qualification information, other acts mentioned in the Bidding Data 15.2 A firm declared blacklisted and ineligible by the GON shall be ineligible to bid for a contract during the period of time determined by the PPMO. Special Conditions of Contract (SCC)
This SCC forms part of the Agreement [Note: with the exce ption of the it ems for which the Employer's requirements have been inserted, the Bidder shall complete the following information before submitting his bid.] Docum ents forming the Contract listed in the order of priority Docume nt (delete if not applicable)
Docum ent Identi fication a. The Agreement b. Special Conditions of Contract General Conditions of Contract d. The Technical Speci fications The Bill of Quantities g. ………………………….(if any) h. ……………………………(if any ) Tim e for Completion Applicable Law of Nepal English or [in Nepali version] Provision of Site On the commencement date* Authorised person Division Chi ef
Name and address of Employer's DRO7, Hetauda
represe ntati ve (if known) Performance security (if any ): …5…. % of the contract price Security format Attached in section IX Tim e for the submission of programme Within 15 days* of the commencement dat e Liquidated Damages for Delay 0.05% of the Contract Price per day up to a maximum of 10%* of sum stated in the Agreement Period for noti fying defects 365 days* calculated from the date stated in the notice under Sub-Clause 8.1. Percentage of retention 5% of each payment made to the Contractor * Employer to specify as appropriate …….% of the contract price Deduction of Advance Payment ………% of each payment certificate Section VI. Specification
Section VII. Drawings




Section VIII. Bill of Quantities




Section IX. Forms of Securities

Notes on Forms of Securities Samples of acceptable forms of Bid and Performance Guarantee are provided herewith. Bidders should not complete the Performance and Advance Payment Guarantee forms at this time. Only the successful Bidder shall be required to provide Performance and Advance Payment Guarantees in accordance with one of the forms or in a similar form acceptable to the Employer. Bid Security (Bank Guarantee)
Whereas, [name of Bidder] (hereinafter called "the Bidder") has submitted his Quotation (bid)
dated [date] for the construction of [name of Contract] (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] (hereinafter called "the Bank") are bound unto [name of Employer] (hereinafter called "the Employer") in the sum of [amount] for which payment well and truly to be made to the said Employer, the Bank binds itself, its successors, and assigns by these presents. Sealed with the Common Seal of the said Bank this [day] day of [month], [year]. The conditions of this obligation are: If, after bid opening, the Bidder withdraws his bid during the period of bid validity specified in the Form of Bid; or If the Bidder having been notified of the acceptance of his bid by the Employer during the period of bid validity: fails or refuses to execute the Form of Agreement in accordance with the Instructions to Bidders, if required; or fails or refuses to furnish the Performance Security, in accordance with the Instruction to Bidders; or does not accept the correction of the bid, we undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer's having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is due to him owing to the occurrence of one or any of the three conditions, specifying the occurred condition or conditions. This Guarantee will remain in force up to and including the date [number] days2 after the deadline for submission of bids as such deadline is stated in the Instructions to Bidders or as it may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date. This Bank Guarantee shall not be withdrawn or released merely upon return of the Original
Guarantee by the Bidder unless notified by you for the release of the guarantee
Signature of the Bank [signature, name, and address] 2 75 days after submission bids as per the provision of PPR 2007.. The date should be inserted by the Employer before the bidding documents are issued. Performance Bank Guarantee
To: [name and address of Employer] Whereas [name and address of contractor] (hereinafter called "the contractor") has undertaken, in pursuance of Contract No. [number] dated [date] to execute [name of Contract and brief description of Works] (hereinafter called "the Contract"); And whereas it has been stipulated by you in the said Contract that the contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; And whereas we have agreed to give the contractor such a Bank Guarantee; Now therefore we hereby affirm that we are the Guarantor and responsible to you, on behalf of the contractor, up to a total of [amount of Guarantee] [amount in words]3 such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of [amount of Guarantee]4 as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the contractor before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed there under or of any of the Contract documents which may be made between you and the contractor shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any such change, addition, or modification. This Guarantee shall be valid for at least 30 days beyond the date of issue of Defects Liability Certificate. Signature and seal of the Guarantor 3 An amount is to be inserted by the Guarantor, representing the percentage of the Contract Price specified in the Contract, and denominated in Nepalese Rupees. 4 The Unconditional (or "On-Demand") Bank Guarantee has the merit of simplicity and of being universally known and accepted by commercial banks. The contracting community, however, strongly objects to this type of Security because the Guarantee can be called (or threatened to be called) by Employers without justification. Employers should recognize the contractual conditions governing nonperformance by the Contractor and should normally act only on the advice of the Project Manager in calling a Performance Guarantee. Bank Guarantee for Advance Payment

[name and address of Employer] [name of Contract] In accordance with the provisions of the Conditions of Contract, Sub clause 11.9("Advance Payment") of the above-mentioned Contract, [name and address of contractor] (hereinafter called "the contractor") shall deposit with [name of Employer] a Bank Guarantee to guarantee his proper and faithful performance under the said Clause of the Contract in an amount of [amount of Guarantee] [amount in words]5 We, the [Bank or Financial Institution], as instructed by the contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to [name of Employer] on his first demand without whatsoever right of objection on our part and without his first claim to the contractor, in the amount not exceeding [amount of Guarantee] [amount in words]6 We further agree that no change or addition to or other modification of the terms of the Contract or of Works to be performed there under or of any of the Contract documents which may be made between [name of Employer] and the contractor, 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 validity period of the guarantee shall be 30 days beyond the period scheduled for repayment of the advance payment and the guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until the [name of Employer] receives full repayment of the same amount from the Contractor. Signature and seal: Name of Bank/Financial Institution: 5 An amount is to be inserted by the Bank or Financial Institution representing the amount of the Advance Payment, and denominated in Nepali Rupees of the Advance Payment as specified in the Contract. 6 An amount is to be inserted by the Bank or Financial Institution representing the amount of the Advance Payment, nd denominated in Nepali Rupees. Annex to Instruction Data Sheet for Provision of E-Bidding
A) Bid submission procedure through electronically (e-submission):
 Interested bidders may either purchase the Bidding documents from the Employer's office as specified in the Tender Notice or choose to download the necessary part of bidding documents from E-procurement section of DOR's Web Site http://www.dor.gov.np. In case, the Bidder choose to download the bidding documents, prepare his bids on downloaded documents, and submit his bid electronically, the Bidder is required to deposit the cost of bidding document (as specified in the bid notice) in the Office's Rajaswa (revenue) account as specified below. In addition, electronic scanned copy (pdf format) of the Bank deposit voucher shall be also required to be submitted along with the electronic bid files. Information to deposit the cost of bidding document in Bank: Name of Office: Division Road Office, Hetauda
Office Code no.: 31-337-03
Office Account no.: Ka 1-1-032 Nepal Bank Ltd., City Office, Hetauda
Rajaswa heading: 14227
Dharauti Khat no.: Kha 3 25-51-11171, Nepal Bank Ltd, City Office, Hetauda
The Bidder shall fill the following documents and forms (in hard copy), signed by the authorized representative and with seal of the company. Document
PDF File name
Requirement Remarks
Bid Security (Bank Guarantee) Company registration, All firms in case of JV VAT registration For National All firms in case firms Tax clearances certificate, For National All firms in case firms Power of Attorney of Bid signatory Joint venture agreement All firms in case of JV Qualification Information Qualifications-8 BOQ with rate, amount and total amount The Bidder shall then scan the completed original documents, forms in PDF files with appropriate filename as shown in the table below. PDF (Adobe acrobat) version must be 4.0 or above. Declaration Letter for Eligibility of Bidder (as mentioned) shall be prepared and scanned and
uploaded. Note; Mandatory means the mentioned files must be included in e-submission and
non-submission of such file shall be considered as non-responsive bid.
 For e-submission purpose the Bidder shall, at first, register in the e-procurement section DOR's Web site http://www.dor.Qov.np  After preparing all the required bidding documents in PDF scan files as specified as above, the Bidder shall upload the PDF bid files and submit his complete bid online through e-procurement section of DOR's website http://www.dor.Qov.np within the specified date and time.  Bidders shall be also explained about the details of e- submission procedures in the pre- bid meeting who chose to attend.  The e-procurement system will accept the e-submission of bid from the date after publishing of notice and will automatically not allow the e-submission of bid after the deadline for submission of bid, as specified above.  The standard time for e-submission is Nepalese Standard Time as set out in the server of Department of Roads. In case of e-submission of bids, the e-procurement system will, automatically, not allow the e-submission of bid after the deadline for submission of bid.  When a Bidder submits electronic bid by downloading the bidding documents from the DOR's webpage it is assumed that the Bidder prepares his bid by studying and examining all the Bidding documents including specifications and conditions of contract.  In case, the Bidder choose to download the bidding documents and deposit the cost of bidding document (as specified in the bid notice) in the Project's Rajaswa (revenue) account such deposited amount shall be verified by the office during bid evaluation process. The bid shall be non-responsive and shall not be evaluated if the specified cost for bidding document is not deposited in the specified Rajaswa (revenue) account of the Project for the said document. B) Requirements and Conditions for e-submission of bid;
 The Bidder shall submit his bid electronically in PDF files in the manner specified above, and submission of hard copy of "original plus one copy of bid" is not mandatory.  In case, if both the electronic bid and original bid in hard copy are submitted to the Employer within the bid submission dead line, the Bidder's electronic bid and original bid in hard copy will be accepted for evaluation provided if the facts and figures in hard copy confirm to the PDF files in electronic bid. If there is any discrepancy in fact and figures in the electronic bid and original bid in hard copy it will be treated as two separate bids from one Bidder and hence, both the electronic bid and; original bid in hard copy shall be disqualified.  However, for electronically submitted bid in PDF files, the Bidder shall be required to submit documents/ clarifications upon request from the Employer.  The e-submitted bids must be readable through open standards interfaces. Unreadable and or partially submitted bid files shall 'be considered incomplete and rejected for further bid evaluation.  In addition to electronically submitted PDF files, the Bidder shall be required to submit documents and clarifications as required by the Employer. Non-submission of such documents and or clarifications by the Bidder within specified time may cause forfeiture of Bid Security.  In case of major discrepancy found between electronically submitted PDF bid files and documents/ clarifications provided by the Bidder, the bid shall not be considered for further evaluation.  The Bidder shall attach the Bid Security Guarantee in the format attached in the Bid Document. The Bid Security may be forfeited - if the Bidder does not respond and/or submit the documents and or clarifications when requested by the Employer. - if major discrepancy is found between e-submitted bid information and documents/clarifications provided by the Bidder during verification process as requested by the Employer C) Bid Opening Process
 Electronically submitted bid shall be opened first at the Bid opening time.  The e-procurement system allows the Employer to download the e-submitted bid files frol11 the Bidders only after the time for opening the bids.  The e-submitted bids must be readable through open standards interfaces. Unreadable and or partially submitted bid files shall be considered incomplete and rejected for further bid evaluation.  After opening of e-submitted bids files, all files shall be printed and recorded at the time of  Envelopes marked with "WITDRAWAL" or "MODIFICATION" or "SUBSTITUTION" and in case of e-submission the files in PDF format under "WITDRAWAL" or "MODIFICATION" or "SUBSTITUTION" shall be opened and read out first. Bids for which acceptable notice of "WITDRAWAL" or "SUBSTITUTION" has been submitted shall not be opened. In case of e-submission bids, the Employer evaluates the bid based on the information as per electronically submitted bid files. For clarification/ verification purpose, the Employer may request the Bidder to submit documents/ clarifications. In case, if the Bidder can not substantiate or provide evidence to prove the information provided in e- . Submitted bid through documents! Clarifications, the bid shall not be considered for further evaluation and Clause [bid forfeit] as above shall be applicable.  Proposed facility for submission of bid electronically through e-submission is to increase transparency; non-discrimination, equality of access, and open competition. The Bidders are fully responsible to use the submission facility in e-procurement section of DOR's website http://www.dor.gov.npin specified procedures and in no case the Employer shall be held liable for Bidder's inability to use this facility. 3.3 Qualification Information
In case of e-Bidding, the Bidder is required the submit the qualification information only, and need not require to submit the detail supporting documents like work experience certificates, financial statements, equipments ownership papers. So, in the Bidding Documents the method of providing qualification information (when required) shall be clearly stated. So a section is added where Qualification Information is provided as shown here. For e-submission, the Bidder shall fill the following documents, sign, seal, scan, convert to *.pdf
and upload as part of Qualification Information as specified in ITS
Annual amount of construction work performed during the last [………….] years Firm's Name: ………………………………. Annual Volume of works in NRs. or in foreign currency excluding VAT Nature and amount similar to the works performed as prime contractor over the last [……….] years. Project name Name of client Type performed Value of contract (NRs. contact (Bituminous works in sqm) and or foreign currency) year of completion) Major items of contractor's Equipment proposed for carrying out the Works. Condition (New, good, poor) and Owned, leased (from model, number available whom?), or to be capacity and age Qualifications and experience of key personnel proposed for administration and execution of the contract. Years of experience (general) Years of experience in proposed position Contract Manager] contract Manager] Deputy Contract Manager] Proposed subcontracts and firms involved. Sections of the Value of Subcontract (Name and address) Experience in similar Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of credit, etc. Name, address and telephone, telex and facsimile numbers of source (banks) that may provide references if contacted by the Employer Information on current litigation(s) in which the Bidder is involved Other Party (ies) Cause of dispute Note: In case of Joint Venture, the bidder shall provide the information for each firm. It has been intended that, in case of e-submission the bidder is required to fill only the information as mentioned above. The bidder is not required to scan and submit all the supporting documents. 3.4. Bid Security Format
'From of bid security shall include the provision as The Bank Guarantee shall not be withdrawn or released merely upon return of the original Guarantee by the Bidder unless notified by you for the release of the Guarantee' (See, Sample forms of securities)

Source: http://eproc.dor.gov.np/tender_document_download.php?docid=47704&tid=470