1 Higher Education Quality Enhancement Project (HEQEP) BIDDING DOCUMENT For Upgradation of BdREN Cloud System and Applications ICB Package No: G15-AF ICB No: G15-AF IFB No.: UGC/HEQEP/Procurement/G15-AF/2014/1043(1), dated: 21 August 2017 Purchaser: Higher Education Quality Enhancement Project (HEQEP), Bangladesh Issued on: 24 August 2017 Table of Contents PART 1 – Bidding Procedures ................................................................................................ 3 Section I. Instructions to Bidders .............................................................................................. 4 Section II. Bid Data Sheet (BDS) ........................................................................................... 26 Section III. Evaluation and Qualification Criteria .................................................................. 31 Section IV. Bidding Forms ..................................................................................................... 36 Section V. Eligible Countries ................................................................................................. 51 Section VI. Bank Policy - Corrupt and Fraudulent Practices .................................................. 52 PART 2 – Supply Requirements .......................................................................................... 54 Section VII. Schedule of Requirements .................................................................................. 55 PART 3 - Contract ............................................................................................................... 202 Section VIII. General Conditions of Contract ...................................................................... 203 Section IX. Special Conditions of Contract .......................................................................... 222 Section X. Contract Forms ................................................................................................... 228 PART 1 – Bidding Procedures 4 Section I. Instructions to Bidders Table of Clauses A. General ................................................................................................................................ 6 1. Scope of Bid ........................................................................................................................ 6 2. Source of Funds ................................................................................................................... 6 3. Corrupt and Fraudulent Practices ........................................................................................ 6 4. Eligible Bidders ................................................................................................................... 6 5. Eligible Goods and Related Services ................................................................................... 9 B. Contents of Bidding Document .......................................................................................... 9 6. Sections of Bidding Document ............................................................................................ 9 7. Clarification of Bidding Documents .................................................................................. 10 8. Amendment of Bidding Document .................................................................................... 10 C. Preparation of Bids ........................................................................................................... 10 9. Cost of Bidding .................................................................................................................. 10 10. Language of Bid ................................................................................................................ 10 11. Documents Comprising the Bid......................................................................................... 11 12. Letter of Bid and Price Schedules ..................................................................................... 11 13. Alternative Bids ................................................................................................................. 11 14. Bid Prices and Discounts ................................................................................................... 11 15. Currencies of Bid and Payment ......................................................................................... 13 16. Documents Establishing the Eligibility and Conformity of the Goods and Related Services 14 17. Documents Establishing the Eligibility and Qualifications of the Bidder ........................ 14 18. Period of Validity of Bids .................................................................................................. 15 19. Bid Security ....................................................................................................................... 15 20. Format and Signing of Bid ................................................................................................ 17 D. Submission and Opening of Bids ..................................................................................... 17 21. Sealing and Marking of Bids ............................................................................................. 17 22. Deadline for Submission of Bids ....................................................................................... 17 23. Late Bids ............................................................................................................................ 18 24. Withdrawal, Substitution, and Modification of Bids ......................................................... 18 25. Bid Opening ....................................................................................................................... 18 E. Evaluation and Comparison of Bids................................................................................ 19 26. Confidentiality ................................................................................................................... 19 27. Clarification of Bids .......................................................................................................... 20 28. Deviations, Reservations, and Omissions .......................................................................... 20 29. Determination of Responsiveness ...................................................................................... 20 30. Nonconformities, Errors and Omissions .............................................................................. 21 31. Correction of Arithmetical Errors ...................................................................................... 21 32. Conversion to Single Currency .......................................................................................... 21 33. Margin of Preference ........................................................................................................ 21 34. Evaluation of Bids ............................................................................................................. 21 Section I Instructions to Bidders 5 35. Comparison of Bids ........................................................................................................... 22 36. Qualification of the Bidder ................................................................................................ 23 37. Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids .............................. 23 F. Award of Contract ............................................................................................................ 23 38. Award Criteria ................................................................................................................... 23 39. Purchaser’s Right to Vary Quantities at Time of Award ................................................... 23 40. Notification of Award ........................................................................................................ 24 41. Signing of Contract ............................................................................................................ 24 42. Performance Security ......................................................................................................... 24 6 Section I Instructions to Bidders Section I. Instructions to Bidders A. General 1. Scope of Bid 1.1 In connection with the Invitation for Bids, specified in the Bid Data Sheet (BDS), the Purchaser, as specified in the BDS, issues these Bidding Documents for the supply of Goods and Related Services incidental thereto as specified in Section VII, Schedule of Requirements. The name, identification and number of lots (contracts) of this International Competitive Bidding (ICB) procurement are specified in the BDS. 1.2 Throughout these Bidding Documents: a) the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax, telex) with proof of receipt; b) if the context so requires, “singular” means “plural” and vice versa; and c) “day” means calendar day. 2. Source of Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”) specified in the BDS has applied for or received financing (hereinafter called “funds”) from the International Bank for Reconstruction and Development or the International Development Association (hereinafter called “the Bank”)in an amount specified in BDS, toward the project named in BDS The Borrower intends to apply a portion of the funds to eligible payments under the contract for which these Bidding Documents are issued. 2.2 Payment by the Bank will be made only at the request of the Borrower and upon approval by the Bank in accordance with the terms and conditions of the Loan (or other financing) Agreement. The Loan (or other financing) Agreement prohibits a withdrawal from the Loan (or other financing) account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the Bank, is prohibited by decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. No party other than the Borrower shall derive any rights from the Loan (or other financing) Agreement or have any claim to the proceeds of the Loan (or other financing). 3. Corrupt and 3.1 The Bank requires compliance with its policy in regard to corrupt Fraudulent and fraudulent practices as set forth in Section VI. Practices 3.2 In further pursuance of this policy, Bidders shall permit and shall cause its agents (where declared or not), sub-contractors, sub- consultants, service providers or suppliers and to permit the Bank to inspect all accounts, records and other documents relating to the submission of the application, bid submission (in case prequalified), and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank. 4. Eligible Bidders 4.1 A Bidder may be a firm that is a private entity, a government-owned entity—subject to ITB 4.5—or any combination of such entities in Section I Instructions to Bidders 7 the form of a joint venture (JV) under an existing agreement or with the intent to enter into such an agreement supported by a letter of intent. In the case of a joint venture, all members shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the bidding process and, in the event the JV is awarded the Contract, during contract execution. Unless specified in the BDS, there is no limit on the number of members in a JV. 4.2 A Bidder shall not have a conflict of interest. Any Bidder found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest for the purpose of this bidding process, if the Bidder: a) directly or indirectly controls, is controlled by or is under common control with another Bidder; or b) receives or has received any direct or indirect subsidy from another Bidder; or c) has the same legal representative as another Bidder; or d) has a relationship with another Bidder, directly or through common third parties, that puts it in a position to influence the bid of another Bidder, or influence the decisions of the Purchaser regarding this bidding process; or e) participates in more than one bid in this bidding process. Participation by a Bidder in more than one Bid will result in the disqualification of all Bids in which such Bidder is involved. However, this does not limit the inclusion of the same subcontractor in more than one bid; or f) any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the works that are the subject of the bid; or g) any of its affiliates has been hired (or is proposed to be hired) by the Purchaser or Borrower for the Contract implementation; or h) would be providing goods, works, or non-consulting services resulting from or directly related to consulting services for the preparation or implementation of the project specified in the BDS ITB 2.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or i) has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the bidding documents or specifications of the contract, and/or the bid evaluation process of such contract; or (ii) would be involved in the implementation or supervision of such contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the procurement process and execution of the contract 8 Section I Instructions to Bidders 4.3 A Bidder may have the nationality of any country, subject to the restrictions pursuant to ITB 4.7. A Bidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be. This criterion also shall apply to the determination of the nationality of proposed sub- contractors or sub-consultants for any part of the Contract including related Services. 4.4 A Bidder that has been sanctioned by the Bank in accordance with the above ITB 3.1, including in accordance with the Bank’s Guidelines on Preventing and Combating Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants (“Anti- Corruption Guidelines”), shall be ineligible to be prequalified for, bid for, or be awarded a Bank-financed contract or benefit from a Bank- financed contract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms and individuals is available at the electronic address specified in the BDS. 4.5 Bidders that are Government-owned enterprises or institutions in the Purchaser’s Country may participate only if they can establish that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii) are not dependent agencies of the Purchaser. To be eligible, a government-owned enterprise or institution shall establish to the Bank’s satisfaction, through all relevant documents, including its Charter and other information the Bank may request, that it: (i) is a legal entity separate from the government (ii) does not currently receive substantial subsidies or budget support; (iii) operates like any commercial enterprise, and, inter alia, is not obliged to pass on its surplus to the government, can acquire rights and liabilities, borrow funds and be liable for repayment of its debts, and can be declared bankrupt; and (iv) is not bidding for a contract to be awarded by the department or agency of the government which under their applicable laws or regulations is the reporting or supervisory authority of the enterprise or has the ability to exercise influence or control over the enterprise or institution. 4.6 A Bidder shall not be under suspension from bidding by the Purchaser as the result of the operation of a Bid–Securing Declaration. 4.7 Firms and individuals may be ineligible if so indicated in Section V and (a) as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or the contracting of works or services required; or (b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s country prohibits any import of goods or contracting of works or services Section I Instructions to Bidders 9 from that country, or any payments to any country, person, or entity in that country. 4.8 A Bidder shall provide such evidence of eligibility satisfactory to the Purchaser, as the Purchaser shall reasonably request. 5. Eligible Goods 5.1 All the Goods and Related Services to be supplied under the and Related Contract and financed by the Bank may have their origin in any Services country in accordance with Section V, Eligible Countries. 5.2 For purposes of this Clause, the term “goods” includes commodities, raw material, machinery, equipment, and industrial plants; and “related services” includes services such as insurance, installation, training, and initial maintenance. 5.3 The term “origin” means the country where the goods have been mined, grown, cultivated, produced, manufactured or processed; or, through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its components. B. Contents of Bidding Document 6. Sections of 6.1 The Bidding Documents consist of Parts 1, 2, and 3, which include Bidding all the Sections indicated below, and should be read in conjunction Document with any Addenda issued in accordance with ITB 8. PART 1 Bidding Procedures  Section I. Instructions to Bidders (ITB)  Section II. Bidding Data Sheet (BDS)  Section III. Evaluation and Qualification Criteria  Section IV. Bidding Forms  Section V. Eligible Countries  Section VI. Bank Policy-Corrupt and Fraudulent Practices PART 2 Supply Requirements  Section VII. Schedule of Requirements PART 3 Contract  Section VIII. General Conditions of Contract (GCC)  Section IX. Special Conditions of Contract (SCC)  Section X. Contract Forms 6.2 The Invitation for Bids issued by the Purchaser is not part of the Bidding Document. 6.3 Unless obtained directly from the Purchaser, the Purchaser is not responsible for the completeness of the document, responses to 10 Section I Instructions to Bidders requests for clarification, the Minutes of the pre-Bid meeting (if any), or Addenda to the Bidding Document in accordance with ITB 8. In case of any contradiction, documents obtained directly from the Purchaser shall prevail. 6.4 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents and to furnish with its Bid all information or documentation as is required by the Bidding Documents. 7. Clarification of 7.1 A Bidder requiring any clarification of the Bidding Document Bidding shall contact the Purchaser in writing at the Purchaser’s address Documents specified in the BDS. The Purchaser will respond in writing to any request for clarification, provided that such request is received prior to the deadline for submission of bids within a period specified in the BDS. The Purchaser shall forward copies of its response to all Bidders who have acquired the Bidding Documents in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. If so specified in the BDS, the Purchaser shall also promptly publish its response at the web page identified in the BDS. Should the clarification result in changes to the essential elements of the Bidding Documents, the Purchaser shall amend the Bidding Documents following the procedure under ITB 8 and ITB 22.2. 8. Amendment of 8.1 At any time prior to the deadline for submission of bids, the Bidding Purchaser may amend the Bidding Documents by issuing Document addenda. 8.2 Any addendum issued shall be part of the Bidding Documents and shall be communicated in writing to all who have obtained the Bidding Documents from the Purchaser in accordance with ITB 6.3.The Purchaser shall also promptly publish the addendum on the Purchaser’s web page in accordance with ITB 7.1. 8.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the Purchaser may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB 22.2. C. Preparation of Bids 9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Purchaser shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. 10. Language of 10.1 The Bid, as well as all correspondence and documents relating to Bid the bid exchanged by the Bidder and the Purchaser, shall be written in the language specified in the BDS. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages into the language specified in the BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern.