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Ministry of Justice INVITATION FOR BIDS (IFB)

CONSTRUCTION OF COURT BUILDING FOR DISTRICT COURT -

DEHIATTAKANDYA

Contract No - MOJ/AC/26/28/2021

The Chairman of the MPC on behalf of the Ministry of Justice invites sealed bids from eligible

and qualified bidders to Construction of Court Building for District Court - Dehiattakandya

for estimated cost Rs.73.77 Million (without VAT & Contingencies)

01. Detailed description of the requirements and functional specifications of the above are

given in the bidding document.

02. Bidding will be conducted using the National Competitive Bidding (NCB)

03. To be eligible for contract award the successful bidder shall not have been black listed and

shall meet the C4 and C3 CIDA/ ICTAD registration For Building Construction.

04. Qualification requirements to qualify for contract award include:

a. Average annual volume of construction work performed in last five years shall be

at least Rs.122 million

b. The minimum amount of liquid assets and/ or credit facilities, after setting apart

for the other contractual commitments and exclusive of any advance payments

which may be made under the Contracts, shall be not less than Rs.21 million.

05. Potential bidders should have fulfilled the requirement of registration under the terms

of the Public Contact Act No.03 of 1987, before collecting the Bidding documents and

should be collected PCA3 registered the contract under the said Act after the tender is

awarded.

06 Interested eligible bidders may obtain further information from Accountant

(Procurement), Procurement Division, 3rd Floor, Ministry of Justice, Superior Courts

Complex, Colombo 12, and may inspect the Bidding documents during the office hours

(9.00 a.m. -4.00 p.m.) on week days (excluding national holidays) commencing from

17.05.2021 at the said Procurement Division, Ministry of Justice at the above address.

Telephone / Fax No. 011-2438178

07. Interested bidders may purchase a complete set of Bidding documents (available in

English Language) from 17.05.2021 to 06.06.2021 during the office hours (9.00 a.m. -

3.00 p.m.) by submitting a written request to the Secretary, Ministry of Justice, along with

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the Certificate of Registration under the aforesaid Public Contract Act (Paragraph 05), and

upon payment of a non refundable fee of Rs. 14,000/- to the Procurement Division, 3rd

Floor, Ministry of Justice, Superior Courts Complex, Colombo 12.

08. Bids shall be delivered in duplicate and may be,

I. Forwarded under registered cover to the Chairman of Procurement Committee to the

address mentioned below, and same to be reach the Ministry on or before; 07.06.2021 or

II. deposited in the Tender Box kept at the Procurement Division, 3rd Floor, Ministry

of Justice, Superior Courts Complex, Colombo 12, during the on 07.06.2021 at

1000a.m. or

Late bids will be rejected. Bid sent in any other methods or electronically will not be

accepted.

09 All bids must be accompanied by a “Bid-Security” in the form of bank guarantee, issued by

any commercial Bank approved by Central Bank of Sri Lanka which is of the format attached

in the Bidding document. Bid Security shall be obtained in favor of Secretary, Ministry of

Justice, Superior Court Complex, Colombo 12 valid until 04.10.2021 Amount of the Bid

Security is Rs. 738,000.00. Any bid not accompanied by a valid Bid Security will be

rejected. Further information regarding the submission of bids are contained in the bidding

documents.

10. Bids shall be valid until 06.09.2021

11. Bids will be opened immediately after the deadline for submission of bids, in the presence

of the Bidders and/or their authorized representatives, who choose to attend in person at the

address stated in Paragraph 08.

12. Ministry of Justice will not be responsible for any cost or any expense incurred by the

bidders in connection with the preparation or delivery of the bids.

13. Prebid meeting will be held on 25.05.2021 at 1100a.m.

14. The final decision on this procurement rests on the Procurement Committee.

Chairman, Ministry Procurement Committee

Ministry of Justice

Superior Courts Complex, Colombo 12

…………………………

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SECTION 1

INSTRUCTIONS TO BIDDERS

Instruction to Bidders applicable to this contract shall be those given in Section -1 of the

Standard Bidding Document, Procurement of Works , ICTAD Publication No. ICTAD/SBD/01,

Second Edition , January 2007, published by the institute for Construction Training and

Development(ICTAD), “Savsiripaya” , 123, Wijerama Mawatha, Colombo 7.

This publication will not be issued with the Bidding Document and the bidder is advised to

purchase it from CIDA (ICTAD).

Instruction to Bidders shall be read in conjunction with the bidding data provided under Section

–V (Volume-2) of the Bidding Document.

Instruction to Bidders will not be part of the contract and will cease to have effect once the

contract is signed.

PROCUREMENT OF WORKS Section 2 - Standard Forms [Contract]

4 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

Notes on Form of Letter of Acceptance

The Letter of Acceptance will be the basis for formation of the Contract as described in Clause

33 of the Instructions to Bidders. This Form of Letter of Acceptance should be filled in and

sent to the successful bidder only after evaluation of Bids and after obtaining approval from

the relevant authority.

FORM OF LETTER OF ACCEPTANCE [Letter heading paper of the procuring entity]

---------------------------------------- [date]

To: ---------------------------------------------------------------------------------------------------------------------

[name and address of the Contractor]

This is to notify you that your bid dated ------------------- [insert date] for the construction and

remedying defects of the ------------------------------------------------------------------- [name of the

Contract and identification number] for the Contract price of ---------------------[name of currency]

---------------------------------------------------[amount in figures and words] as corrected in accordance

with Instructions to Bidders and / or modified by a Memorandum of Understanding, is hereby

accepted.

The adjudicator shall be --------------------------------------- [name and address of the Adjudicator, if

agreed] / shall be appointed by the Institute for Construction Training and Development (ICTAD).

You are hereby instructed to proceed with the execution of the said Works in accordance with the

Contract documents.

The Start Date shall be: ------------------------- (fill the date as per Conditions of Contract).

The amount of Performance Security is : ------------------- (fill as per Conditions of Contract).

The Performance Security shall be submitted on or before --------------------- (fill the date as per

Conditions of Contract).

Authorized Signature : -----------------------------------------

Name and title of Signatory : ---------------------------------------------------------------

Name of Agency : ----------------------------------------------------------------------------

PROCUREMENT OF WORKS Section 2 - Standard Forms [Contract]

5 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

STANDARD FORM: AGREEMENT

This AGREEMENT, made the ----------[day] day of ------------[month] 20-------- [year] between

------------------------------------[name and address of Employer] (hereinafter called “the Employer”) of

the one part, and --------------------------------------------------------- [name and address of Contractor]

(hereinafter called “the Contractor”) of the other part.

WHEREAS the Employer desires that the Contractor execute -----------------------------------[name and

identification number of Contract] (hereinafter called “the Works”) and the Employer has accepted

the Bid 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

aforementioned, in accordance with laws of Sri Lanka.

………………………………………. ……………………………………….

Authorized signature of Contractor Authorized signature of Employer

COMMON SEAL COMMON SEAL

In the presence of:

Witnesses :

1. Name and NIC No. ………………………………………………

Signature …………………………

Address …………………………………………………………..

2. Name and NIC No. ………………………………………………

Signature …………………………

Address ………………………………………………………….

PROCUREMENT OF WORKS Section 2 - Standard Forms [Contract]

6 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

FORM OF PERFORMANCE SECURITY

(Unconditional)

-------------------------------------------------------------------------------------------------------------- [Issuing

Agency’s Name, and Address of Issuing Branch or Office]

Beneficiary: -------------------------------------------------------------------------------------- [Name and

Address of Employer]

Date: ------------------------------

PERFORMANCE GUARANTEE No.: -------------------------

We have been informed that ----------------------------------------------- [name of Contractor]

(hereinafter called "the Contractor") has entered into Contract No. ------------------------- [reference

number of the contract] dated ------------------ with you, for the ------------------ [insert “construction”]

of ---------------------------------------------------------------- [name of contract and brief description of

Works] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee

is required.

At the request of the Contractor, we ----------------------------------------------------- [name of Agency]

hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of

------------------- [amount in figures] (-----------------------------------------------------------) [amount in

words], upon receipt by us of your first demand in writing accompanied by a written statement

stating that the Contractor is in breach of its obligation(s) under the Contract, without your needing to

prove or to show grounds for your demand or the sum specified therein.

This guarantee shall expire, no later than the …. day of -------- 20---- [insert date, 28 days beyond the

Intended Completion Date] and any demand for payment under it must be received by us at this

office on or before that date.

_____________________________________

[signature(s)]

PROCUREMENT OF WORKS Section 2 - Standard Forms [Contract]

7 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

FORM OF ADVANCE PAYMENT SECURITY

---------------------------------------------------------------------------------------- [ Name and address

of Agency, and Address of Issuing Branch or Office]

Beneficiary: --------------------------------------------------------------------------- [Name and Address of

Employer]

Date: ----------------------------------

ADVANCE PAYMENT GUARANTEE No.: ---------------------------

We have been informed that --------------------------------------------------------- [name of Contractor]

(hereinafter called “the Contractor”) has entered into Contract No. ------------------------ [reference

number of the contract] dated ---------------------- with you, for the -------------------- construction of --

------------------------------------------------ [name of contract and brief description] (hereinafter called

"the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment in

the sum ----------------------- [amount in figures] ( -----------------------------------------------) [amount in

words] is to be made against an advance payment guarantee.

At the request of the Contractor, we ----------------------------------------------- [name of issuing agency]

hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ---------

---------- [amount in figures] (------------------------------------------------------) [amount in words] upon

receipt by us of your first demand in writing accompanied by a written statement stating that the

Contractor is in breach of its obligation in repayment of the Advance payment under the Contract.

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance

payment repaid by the Contractor.

This guarantee shall expire on --------------------------[ Insert the date, 28 days beyond the Intended

Completion Date]

Consequently, any demand for payment under this guarantee must be received by us at this office on

or before that date.

___________________

[signature(s)]

PROCUREMENT OF WORKS Section 2 - Standard Forms [Contract]

8 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

FORM OF RETENTION MONEY GUARANTEE

-------------------------------------------------------------------------------------------------[Issuing Agency’s

Name, and Address of Issuing Branch or Office]

Beneficiary: ---------------------------------------------------------------------------- [Name and Address

of Employer]

Date: ---------------------

RETENTION MONEY GUARANTEE No.: --------------------------

We have been informed that ----------------------------------------------- [name of Contractor]

(hereinafter called "the Contractor") has entered into Contract No. -------------------- [reference

number of the contract] dated --------------- with you, for the execution of ----------------- [name of

contract and brief description of Works] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, when the works have

being taken over and the first half of the Retention Money has been certified for payment, payment of

the second half of the Retention Money may be made against a Retention Money guarantee.

At the request of the Contractor, we --------------------------------------------------------- [name of agency]

hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ---------

-----------------[amount in figures] ( ---------------------------------------------------) [amount in words]

upon receipt by us of your first demand in writing accompanied by a written statement stating that the

Contractor is in breach of its obligation under the Contract because the Contractor has not attended to

the defects in accordance with the Contract..

This guarantee shall expire, at the latest, ------------------------------[insert 28 Days after the end of the

Defects Liability Period]. Consequently, any demand for payment under this guarantee must be

received by us at this office on or before that date.

___________________

[signature(s)]

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SECTION – III

CONDITION OF CONTRACT

Condition of Contract applicable to this Contract shall be those given in Section-3 of the

Standard Bidding Document, Procurement of Works, ICTAD Publication No. ICTAD/SBD/01,

Second Edition , January 2007, published by the institute for Construction Training and

Development(ICTAD), “Savsiripaya” , 123, Wijerama Mawatha, Colombo 7.

This publication will not be issued with the Bidding Document and the bidder is advised to

purchase it from CIDA (ICTAD).

Conditions of Contract shall be read in conjunction with Contract Data provided under Section V

(Volume-2) of the Bidding Document, which shall take precedence over the conditions of

contract.

PROCUREMENT OF WORKS Section 4 - Form of Bid and Qualification Information

10 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

Form of Bid

Note: Prior to issue of the bidding documents, the Employer should insert relevant data for all items

marked with an asterisk (*).

Name of Contract: CONSTRUCTION OF COURT BUILDING FOR DISTRICT COURT

- DEHIATTAKANDYA

To:] Secretary, Ministry of Justice Gentleman,

1. Having examined the Standard Bidding Document - Procurement of Works [ICTAD/SBD/01

- Second Edition, January 2007], Specifications, Drawings and Bills of Quantities and

Addenda for the execution of the above-named Works, we the undersigned, offer to execute

and complete such Works and remedy any defect therein in conformity with the aforesaid

Conditions of Contract, Specifications, Drawings, Bills of Quantities and addenda for the sum

of Sri Lankan Rupees ....................................... (LKR ...................) or such other sums as may

be ascertained in accordance with the said Conditions.

2. We acknowledge that the Contract Data forms part of our Bid.

3. We undertake, if our Bid is accepted, to commence the Works as stipulated in the Contract

Data, and to complete the whole of the Works comprised in the Contract within the time

stated in the Contract Data.

4. We agree to abide by this Bid for the period of ……………………………………………

from the date fixed for receiving or any extended period and it shall remain binding upon us

and may be accepted at any time before the expiration of that period.

5. Unless and until a formal agreement is prepared and executed this Bid, together with your

written acceptance thereof, shall constitute a binding contract between us.

6. We accept / we do not accept the Adjudicator.

7. We understand that you are not bound to accept the lowest or any Bid you may receive.

Dated this ............. day of ............ 20... in the capacity of .............. duly authorized to sign tenders for

and on behalf of ............................................................................

(IN BLOCK CAPITALS)

Signature : ....................................................

Name : ………………………………………………………………………..

Designation : …………………………………

Address : ...............................................................................................................

Witness : ....................................................

The Person who is signing the form of bid should be duly authorized to sign. Please refer the Biding

data sheet for more information.

PROCUREMENT OF WORKS Section 4 - Form of Bid and Qualification Information

11 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

Qualification Information

(To be completed and submitted by the bidder, with the Bid) ( if requested only)

ICTAD Registration Registration number

(attach copies of relevant pages from the registration book)

Grade

Speciality

Expiry Date

Backlisted Contractors

Have you been declared as a defaulted contractor by NPA or any other Agency? (Yes/No)

IF yes provide details

VAT Registration Number

Construction Program ( attach as annex)

Legal status (attach relevant status copies, as annex)

Value of Construction works

performed in last 5 years

(attach copies of Certificate of Completion etc. and other documents

such as profit-loss and income expenditure statement)

Year …..

Year …..

Year …..

Year …..

Year …..

Value of similar works completed

in last 10 years (indicate only the

three largest projects)

1. Value Year ……………..

2. Value Year …………..

3. Value Year …………….

(attach copies of Certificate of Completion etc., as annex)

Major items of construction

equipment proposed

1. type Capacity ………………

2. type Capacity ………………

3. type Capacity …………….....

4. type Capacity ……………….

5. type Capacity ……………….

Qualification and experience of key

staff – Site & Head Office

(Permanent, Contract basis &

Consultants)

Technical:

1.

2.

3.

Managerial:

1.

2.

3. Other information requested under

ITB Clause 4.1

PROCUREMENT OF WORKS Section 5 - Bidding Data and Contract Data

12 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

G. Bidding Data

Instructions to Bidders

Clause Reference (1.1)

The Employer is,

Name : The Secretary, Ministry of justice

Address: , Superior Court Complex, Colombo 12.

The Works consists of Construction of Court Building

for District Court - Dehiattakandya

located at _

Dehiattakandiiya

(1.2)

Intended Completion Date is Three hundred sixty five (365)

Days from the Start Date.

(1.3) The office for collection of bid forms is,

Accountant (Procurement),

Ministry of Justice,

Procurement Division

3rd Floor,

Superior Court Complex,

Colombo 12.

The non-refundable fee is Rupees 14,000.00 The Bid forms will

be issued until 06.06.2021

(2.1) The source of funds is Domestic Funds

(4.2)

(4.3)

The registration required

Specialty CIDA/ICTAD registration

Grade C4 and C3

The following information shall be provided in Section 4:

* CIDA/ICTAD Registration;

Registration number

PROCUREMENT OF WORKS Section 5 - Bidding Data and Contract Data

13 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

Grade

Specialty

Expiry Date

* VAT Registration number

* Construction Programme

* Legal Status (Sole proprietor, Partnership, Company etc. )

* Total monetary value of construction work performed for each

of the last five years;

* Experience in works of a similar nature and size for each of the

last five years;

* Qualifications and experience of key site management and

technical personnel proposed for the Contract;

* Audited financial statements for last Five years

(4.4)

* Average of the annual volume of construction work performed

in the last five years shall be at least Rs.122 Million

* The minimum amount of liquid assets and/or credit facilities

required is Rs.21 Million

(9.1)

Employer’s address for the purpose of clarification is ;

Name Accountant (Procurement)

Address Ministry of Justice, 3rd Floor, Superior Court Complex,

PROCUREMENT OF WORKS Section 5 - Bidding Data and Contract Data

14 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

(11.1)

(12.0)

Colombo 12

Fax 0112438178

The language of the bidding document shall be English.

Other information required to be submitted.

- Cash flow forecasting statement

- Work program in bar chart form indicating design,

construction and commissioning.

(13.3)

VAT component shall not be included in the rates. The amount

written in the Form of Bid shall be without VAT. However VAT

component shall be shown separately at the end of the BOQ.

(13.4)

The Contract is not subjected to price adjustment in accordance

with Clause 47 of the Conditions of Contract.

(15.1) The Bid shall be valid up to 06.09.2021

(16.1) Bid shall include a Bid Security using the form included in

Section9.

(16.2) Bid Security shall be:

• For an amount Rs.738,000.00

Valid until 04.10.2021

• issued by any Commercial bank in Sri Lanka approved by

Central Bank of Sri Lanka using the form for bid

security(Unconditional guarantee) included in section – ix

standard forms (Bid).and shall be obtained in favor of

Secretary, Ministry of Justice, Superior Court Complex,

Colombo 12 Any bid not accompanied with such bid

security shall be rejected..

(18.2)

The Person who is Singing the form of bid should be duly authorized to sign the bid. Duly authorization should be proved in one of the following ways.

1. Sole proprietor - Owner - Power of attorney holder - Any other valid document

2. Partnership - -Signature of all partners

-Power of attorney holder -Partnership agreement

PROCUREMENT OF WORKS Section 5 - Bidding Data and Contract Data

15 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

3. Companies Registered - Power of attorney holder

under Companies act - Relevant Board resolution - Any other valid document

(19.2) a

(19.2) b

The Employer’s address for the purpose of Bid submission is

Procurement Division, 3rd Floor, Ministry of Justice, Superior

Courts Complex, Colombo 12,

Contract name: Construction of Court Building for District

Court - Dehiattakandya

Contract no. MOJ/AC/26/28/2021

(20.1) The deadline for submission of Bids shall be 07.06.2021

(28.1)

The price shall be quoted in Sri Lankan Rupees

(31.1) After evaluation of Bids in accordance with the procedures

described under Clauses 25, 26, 27, 28, 29, and 30, the Employer

will inform to all the bidders in writing the selection of the

successful bidder and the intention of contract award to such

bidder. The unsuccessful bidders if they so wish, within one week

of such notice may make representation to the Secretary to the Line

Ministry at the address given below. Such representation shall be

self-contained to enable the Secretary to arrive at a conclusion and

a cash deposit to amount given below shall be made. The Employer

may request the bidder who had made representation to submit

further evidence during the investigation of such representation.

The cash deposit will be forfeited unless the Employer change the

original contract award decision in favor of the bidder who has

made such representation.

Address :Secretary, Appeal Board, Ministry of Justice, Superior

Courts Complex, Colombo 12

Cash Deposit : Rs. 25,000.00

(34.0)

(35.1)

The amount of Performance Security is 5% of the Initial Contract

Price.

Delete and substitute with the following

In addition to the advance payment security, the contractor shall

furnish a performance security as required under the contract prior

to making the advance payment by the employer

The advance payment security shall be issued by a commercial

PROCUREMENT OF WORKS Section 5 - Bidding Data and Contract Data

16 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

bank operating in Sri Lanka licensed/registered by central bank of

Sri Lanka acceptable to employer using the form for advance

payment security (Unconditional guarantee) included in section-ii

standard forms (Contract)

(36.0) The Adjudicator proposed by the Employer is

_____________________

_________________________________________________

_________

Fees and types of reimbursable expenses to be paid to the

Adjudicator shall be on a case to case basis and shall be

shared by the Contractor and the Employer.

PROCUREMENT OF WORKS Section 5 - Bidding Data and Contract Data

17 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

Contract Data

(Please note that the Clause nos. given hereunder are that of Conditions of Contract)

(1.1) The Employer is

Name: Secretary, Ministry of Justice

Address: Procurement Division 3rd Floor,

Superior Court Complex, Colombo 12.

Name of Authorized Representative :

(1.1) Designation: Engineer

Address: Ministry of Justice, Superior Court Complex, Colombo 12

(1.1) The Works consists of Construction of Court Building for District

Court - Dehiattakandya

(1.1) The Site is located at Dehiattakandiya

(1.1)

The Start date shall be 14 Days from the Letter of Acceptance.

(9.1)

Schedule of Key Personnel:

Minimum persons with qualifications and experience to be defined,

Academic Qualification Experience

Civil Engineer Bsc Eng 3 Year

OR

NDT 6 Year

(13.1)

The minimum insurance covers shall be :

(a) • The minimum cover for insurance of the Works and of Plant

and Materials is 110% of initial contact price

• The maximum deductible for insurance of the Works and of

Plant and Materials is 5% of initial contact price

(b) • The minimum cover for loss or damage to Equipment

is replacement cost

• The maximum deductible for insurance of Equipment

is 5% of the minimum cover for Equipment.

PROCUREMENT OF WORKS Section 5 - Bidding Data and Contract Data

18 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

(13.2)

(c) • The minimum cover for insurance of other property (other than

the Site) is 1,000,000.00

(d) The minimum cover for personal injury or death,

• for third party and employees of the Employer and

other persons engaged by the Employer in the Works is

Rs. 1,000,000.00 Per person per event

(a) The minimum cover for personal injury or death,

for the Contractor's workmen is Rs. 1,000,000.00 per

person per event

• Contractor's employees other than workmen is Rs.1,000,000.er

per person per event

(17.1)

The Intended Completion Date for the whole of Works shall be Three

hundred sixty five days (365) from the start date.

(21.1) The Site Possession Date shall be 14 Days from Letter of Acceptance

(27.1) The Contractor shall submit a programme for the Works within 7 Days

of delivery of the Letter of Acceptance.

(27.3)

(27.4)

The period between Programme update is one month

The amount to be withheld for late submission of a Programme is

Rupees 2% of the initial contract price

(35.1)

(38.0)

(39.2)

(40.2)

The Defects Liability Period is 365 Days.

Delete clause 38.1, 38.2 and 38.3 substitute followings

The quantities included in the BOQ are provisional rates will not be

adjusted based on the quantity changes

Engineer may order variations up to a total cumulative value of not

exceeding 10% of the contract price

Delete the following phases commencing from the second line of the

sub clause " and if in the opinion of the engineer the quantity of work

within the limit stated in sub - clause 38.1 or the timing of its execution

do not cause the cost per unit of quantity to change, the rate in the bills

of Quantities"

6th line "If the cost per unit of quantity changes or"

(42.3)

At the following phase at the end of the sentence and extended to read

as follows.

PROCUREMENT OF WORKS Section 5 - Bidding Data and Contract Data

19 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

(42.4)

(43)

Considering the executed work based on the quantity of item and rates

included in the BOQ

Delete

Payments

Delete and substitute with the following

1. An advance of 20% of the contract price as stated in the letter of

acceptance shall be paid following the presentation by the contractor to

the employer of an approved performance security in accordance with

clause 52.1 hereof and a security acceptable to the employer for the full

value of the advance payment to be certified by the engineer for

payment by the employer to the contractor. Repayment of the advance

payment will be made from the subsequent claims. Advance payment

shall be recovered fully when total invoice amount reaches 90% of the

contract price.

2. Up to 70% of the assessed value of material and equipment at site

will be paid on invoices, after deducting the amount for retention as per

contract.

3. up to 100% of the contract price ascertained after the adjustment

under the provisions of the contract and after deducting 5% of the initial

contract price for retention on satisfactory completion and taking over.

Item of the goods or work which no rate or price has been entered in

will not be paid by the employer and shall be deemed covered by other

rates and prices in the contract.

(48.1) The retention from each payment shall be 10% percent of the

certified work done.

The limit of retention shall be 5% percent of the Initial Contract Price.

(49.1)

(50.1)

(51.1)

The liquidated damages for the whole of the Works shall be

1/2000 per Day.

The maximum amount of liquidated damages for the whole of the

Works shall be10% percent of the Initial Contract Price

Delete and substitute with the following

The advance payment security shall be 20% of the initial contract price

The advance payment security shall be issued by a commercial bank in

Sri Lanka licensed/registered by Central bank of Sri Lanka acceptable

to employer using the form for advance payment security

(Unconditional Guarantee) included in section ii standard forms

(Contract)

The guarantee shall remain effective until the advance payment has

been repaid, but the amount of guarantee shall be progressively reduced

by the amount repaid by the contractor.

PROCUREMENT OF WORKS Section 5 - Bidding Data and Contract Data

20 SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

(52.1)

The Performance Security shall be 5% percent of the Initial

Contract Price.

The performance security shall be issued by a commercial bank

operating in Sri Lanka licensed/registered by Central Bank of Sri Lanka

acceptable to employer using the form for performance security

(Unconditional guarantee) included in section ii standard forms

(Contract)

The performance security shall be valid until 28 days from the date of

issue for the final certificate.

(60.1)

The percentage to apply to the value of the work not completed,

representing the Employer's additional cost for completing the Works,

is 25% of the initial contract value.

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GENERAL SPECIFICATIONS

1. Specification for Building Work- Sri Lanka ( Vol. 1)-ICTAD

Publication No. SCA/4/Vol. 1

2. Specification for Building Work- Sri Lanka ( Vol. 2) – ICTAD Publication No.

SCA/4 ( Vol. 11).

3. Specification for water Supply & Sewerage and Storm water Drainage

Works- Sri Lanka ICTAD Publication No. SCA/3/2

4. Specification for Electrical and Mechanical Works associated with Building

& Civil Engineering – Sri Lanka ICTAD Publication No. SCA/8

5. Any other Standard Specifications approved by the Government

Copies of above publications shall be purchased from the Construction Industry

Development Authority ( CIDA)“ Sausiripaya”, 123,Wijerama Mawatha, Colombo 07.

PROCUREMENT OF WORKS Section 9 - Standard Forms [Bid]

SECOND EDITION, JANUARY 2007 Institute for Construction Training and Development (ICTAD)

FORM OF BID SECURITY

[this Guarantee form shall be filled in accordance with the instructions indicated in brackets]

------------------------------------------------------------------------------------------------------- [insert issuing

agency’s name, and address of issuing branch or office]

Beneficiary: ------------------------------------------------------------------------------------------------------

[insert (by PE) name and address of Employer]

Date: ---------------------------- [insert (by issuing agency) date]

BID GUARANTEE No.: -------------------------- [insert (by issuing agency) number] We have

been informed that ------------------------------------------------------------------------------ [insert (by

issuing agency) name of the Bidder] (hereinafter called "the Bidder") has submitted to you its bid

dated -------------------[insert (by issuing agency) date] (hereinafter called "the Bid") for the execution

of [insert name of Contract] under Invitation for Bids No. -------------- [insert IFB number] (“the

IFB”).

Furthermore, we understand that, according to your conditions, Bids must be supported by a Bid

Guarantee.

At the request of the Bidder, we ----------------------------------------------- [insert name of issuing

agency] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount

of ------------------- [insert amount in figures] ------------------------------------------------------ [insert

amount in words] upon receipt by us of your first demand in writing accompanied by a written

statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the

Bidder:

(a) has withdrawn its Bid during the period of bid validity specified; or

(b) does not accept the correction of errors in accordance with the Instructions to Bidders

(hereinafter “the ITB”) ; or

(c) having been notified of the acceptance of its Bid by the Employer during the period of bid

validity, (i) fails or refuses to execute the Contract Form, if required, or (ii) fails or refuses to

furnish the Performance Security, in accordance with the ITB.

This Guarantee shall expire: (a) if the Bidder is the successful bidder, upon our receipt of copies of

the Contract signed by the Bidder and of the Performance Security issued to you by the Bidder; or (b)

if the Bidder is not the successful bidder, upon the earlier of the successful bidder furnishing the

performance security, otherwise it will remain in force up to ---------------- (insert date)

Consequently, any demand for payment under this Guarantee must be received by us at the office on

or before that date.

___________________________________________

[signature(s) of authorized representative(s) ]

Check list for bidders

Ministry of Justice

Check List for Bidders

Check list for bidders

Ministry of Justice

Check List for Bidders

Bidders are advised to fill the following table:

ITEM ITB

Clause

YES

(tick)

REFERENCE

Form of Bid

Addressed to the Employer? 18

Completed? 18

Signed? 18

Bid Securing Declaration Form (if required)

Properly filled and signed 16

Bid Security (if required)

Addressed to the Employer? 16

Format as required? 16

Issuing Agency as specified 16

Amount as requested? 16

Validity 28 days beyond the validity of Bid? 16

Qualification Information

All relevant information completed? 4

Signed? 4

Addendum

Contents of the addendum (if any) taken in to

Account?

10

BID Package

All the documents given in ITB Clause 12 enclosed in

the original and copy

12

ITB Clause 19 followed before Sealing the Bid

Package?

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