1.1 The Employer as defined in Section 2 Bidding Data Sheet (BDS), invites bids for the construction of Works, as described in the BDS and Section 5 Special Conditions of Contract (SCC). The name and identification number of the Contract are provided in the BDS and the SCC.
1.2 The successful Bidder shall be expected to complete the Works by the Intended Completion Date specified in the BDS and SCC 1.1(r).
1.3 Throughout this Bidding Documents:
(a) the term “IN WRITING” means communicated in written form (e.g. by email, fax, telex) with proof of receipt;
(b) if the context so requires, “SINGULAR” means “PLURAL” and vice versa; and
(c) “DAY” means calendar day.
1.1. The Procuring Entity, as defined in the BDS, intends to apply part of the funds of its budget, towards the cost of the Project, as defined in the BDS, to cover eligible payments under the Contract for the Works. The Employer guarantees that adequate public funds have been budgeted and allotted and are also available for managing the procurement proceedings toward the cost of the project named in the BDS. The Employer intends to apply a portion of the public funds to eligible payments under the contract for which these Bidding Documents are issued.
1.2. The Employer guarantees that the adequate public finds are available. For the purpose of this provision, “PUBLIC FUNDS” defines 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.
1.3. The Government requires that Employers, as well as Bidders, Suppliers and Contractors and their subcontractors observe the highest standard of ethics during the implementation and the execution of such Contracts . In pursuance of this policy, the Government:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “CORRUPT PRACTICE” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party ;
(ii) “FRAUDULENT PRACTICE” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;
(iii) “COLLUSIVE PRACTICE” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;
(iv) “COERCIVE PRACTICE” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
(v) “OBSTRUCTIVE PRACTICE” is
• Deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Government 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
• Acts intended to materially impede the exercise of the Government’s inspection and audit rights provided for under sub-clause 3.1(e) below.
(b) will reject a proposal for award if it determines that the bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the contract in question;
(c) will sanction and prosecute any procurement official if it finds out that at any time that representative of the procuring entity engaged in corrupt, fraudulent, collusive,coercive or obstructive practices during the procurement or the execution of the contract, without the procuring entity having taken timely and appropriate action satisfactory to the Government to address such practices when they occur;
(d) will sanction a firm or individual, including declaring ineligible, either indefinitely or for a stated period of time, to be awarded a Government financed contract if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or in executing, a Government financed contract; and
(e) will have the right to require that a provision be included in bidding documents and in contracts financed by public funds, requiring bidders, suppliers, and contractors and their sub-contractors to permit the Government 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 Government.
Closing Date: Apr 22, 2018