INVITATION TO TENDER

Construction of a New Generator Room

GOVERNMENT OF MONTSERRAT Office of the Deputy Governor

Brades, Montserrat Tel: 1-664-491-6524

Procurement Details This is an indicative timetable and may be subject to change.

Tender Details

Deliverable

ITT for the Construction of a New Generator Room at Government Headquarters

Date Published on Government of Montserrat Website 2nd March, 2020

Access to the ITT Suite of Documents

Hard copies can be downloaded from the Government of Montserrat website at http://www.gov.ms/tenders/. Electronic tender packs can be downloaded, completed and submitted via the myTenders Portal at https://www.mytenders.co.uk/. If you are intending to make an electronic submission to this tender, please register your interest on myTenders at the earliest opportunity. Please ensure that you allow sufficient time to upload your documents.

Clarification deadline and contact details

Friday, 13th March, 2020

ITT submission Deadline

Wednesday 18th March, 2020 no later than 12.00 midday (Eastern Caribbean Time), 16hrs UK time.

Site Visit Meeting

Tuesday 10th March, 2020

Tender Submission address

The Chairperson Public Procurement Board, Ministry of Finance and Economic Management, Brades, Montserrat

Contract Commencement – this is an indicative date and maybe subject to change.

April 2020

1 Instructions to Bid

1.1 The Government of Montserrat is seeking bids for the Construction of a New Generator Room at Government Headquarters.

Please read instructions to bidders before completing your submission. Failure to follow instructions may result in your bid being deemed non-compliant and not being considered any further.

2 Introduction

2.1 The Government of Montserrat through the Office of the Deputy Governor will be the procuring entity managing the project and has been deemed to be The Authority.The Authority shall actively manage the resulting Contract and key activities including contract review meetings, key deliverables.

If you have any queries relating to this ITT please email them to jutleh@gov.ms for the

attention of the Head of Procurement, Ms. Harjinder Jutle The Authority wishes to establish a Contract for the Construction of a New Generator

Room at Government Headquarters. (The Authority is managing this procurement process in accordance with the Government of Montserrat Public Procurement Regulations (the “Regulations”). This is a supply of services Contract being procured under the Open procedure.

2.2 The Authority is procuring the Contract for its exclusive use. 2.3 Following evaluation of the compliant bids and approval of the outcome, the Authority

intends to award a contract to the most economically advantageous supplier that meets the service specification requirements.

2.4 The Authority reserves the right not to conclude a Contract as a result of the current

procurement process.

3 General

3.1 These instructions are designed to ensure that all Bidders are given equal and fair consideration. It is important therefore that you provide all of the requested information in the format and order specified.

3.2 Bidders should read these instructions carefully before completing the Bid documentation. Failure to comply with these requirements for completion and submission of a Bid may result in the rejection of the Bid. Bidders are advised therefore to acquaint themselves fully with the extent and nature of the Montserrat General Condition of Contract, in Section 27.

3.3 Each Bidder will:

i. Examine the ITT and any documents referenced in the ITT and any other information provided by the Procuring Entity.

ii. Consider all risks, contingencies and other circumstances relating to the delivery of the requirements and include adequate provision in your financial submission to manage such risks and contingencies

iii. Ensure that pricing information is submitted in XCD (Eastern Caribbean Dollars). Rates and prices must be complete and shall be inclusive of applicable taxes, specialists, profit, overheads, etc. In order to keep the bidding process as fair and simple as possible, bidders are expected to bid as a duty paid project.

iv. If necessary, obtain independent advice before submitting a bid.

v. Satisfy itself as to the correctness and sufficiency of your Financial Submission, including the proposed pricing and the sustainability of the pricing.

3.4 The Bidder shall ensure that each and every sub-consultant, consortium member and adviser abides by the terms of these instructions and the Conditions of Bid.

3.5 The Bidder shall not make contact with any other employee, agent or consultant of the Authority who are in any way connected with this procurement exercise during the period of this procurement exercise, unless instructed otherwise by the Authority.

3.6 The Authority or Government of Montserrat shall not be committed to any course of action as a result of:

issuing this ITT or any invitation to participate in this procurement exercise;

an invitation to submit any Response in respect of this procurement exercise;

communicating with a Bidder or a Bidder’s representatives or agents in respect of this procurement exercise; or

any other communication between the Authority and/or any relevant GoM Departments (whether directly or by its agents or representatives) and any other party.

3.7 Bidders shall accept and acknowledge that by issuing this ITT the Authority shall not be bound to accept any Bid and reserves the right not to conclude a Contract for some or all of the services and services for which Bids are invited.

3.8 The Authority reserves the right to amend, add to, or withdraw all or any part of this ITT at any time during the procurement exercise.

3.9 The currency to be used in the completion of this document is Eastern Caribbean Dollars (XCD). In addition, the subsequent contract would also be based in Eastern Caribbean Dollars (XCD). In the event that you trade in US currency, the exchange rate applicable for the US to XCD is US$1.00 = XCD$2.7169.

4 Type of Contract

4.1 The Montserrat General Conditions of Contracting Section 27will be adopted for this contract.

5 ITT Checklist

5.1 Bidders must complete and submit the required listed documents outlined in Section 21. To be deemed Administratively Compliant you must provide the completed and signed Form of Tender, Anti collusion statement and Tax Certificate if locally based.

6 Tax Compliance

6.1 The bidder must submit a Tax Compliance Certificate from the Inland Revenue Department of the Montserrat Customs and Revenue Service, along with the bidding documents, if the individual or company is based in Montserrat. In the case of a sole trader, the tax compliance certificate should be issued in that individual’s name. However, where the sole trader is trading using a business name, the tax compliance certificate should be issued in the business name. In the case of a company, the tax compliance certificate should be issued in the name of the Company. It is therefore incumbent on the bidder to ensure that the tax compliance certificate is issued in the correct name. Diligent checks will be made with the Inland Revenue Department and the Financial Services Commission to verify the accuracy of certificates. Bids received with improper tax compliance certificates will be rejected.

6.2 Except in cases where there is an exemption from tax, of which proof must be provided; residents of Montserrat for tax purposes are subject to tax on the profits from this project while non-residents are liable to a 20% Withholding Tax deduction from the gross amount.

Please take into consideration your tax obligations and liabilities to the Government of Montserrat. For further information please contact Montserrat Customs & Revenue Service (MCRS) via email at irev@gov.ms.

6.3 All services undertaken will be the subject of taxation in accordance with the current legislation.

7 Bid Validity

7.1 Bids are to remain open for acceptance until the contract is awarded.

8 Authority’s Contact Details

8.1 Unless stated otherwise in these Instructions or in writing from the Authority, all communications from Bidders (including their sub-consultants, consortium members, consultants and advisers) during the period of this procurement exercise must be directed to the designated Authority contact named in Section 2.

8.2 All communications should be clearly headed “Construction of a New Generator Room at Government Headquarters “and include the name, contact details and position of the person making the communication.

8.3 Suppliers’ requests for Bid clarifications must be submitted in accordance with the procedure set out in Section 12 – Queries Relating to Bid.

9 Alternative Bid

9.1 Bidders are not allowed to submit alternative Bids.

10 Insurance

10.1 Bidders and Bidders’ sub-contractors must be professionally licenced by reputable accredited registration bodies in their respective trades. The successful bidder would be expected to secure insurance for the value of their bid if applicable at award stage.

11 Submission of Tenders

11.1 Bidders must obtain for themselves at their own responsibility and expense all information necessary for the preparation of Bids. Bidders are solely responsible for the costs and expense incurred in connection with the preparation and submission of their Bid and all other stages of the selection and evaluation process. Under no circumstances will The Authority be liable for any costs or expense borne by Bidders, sub-consultants, suppliers or advisers in this process. Any neglect or failure on the part of bidders to obtain reliable information upon any matter affecting the implementation, execution and completion of the Works shall not relieve any person whose Tender is accepted from any liability or risks for the works and contract, nor will any claim for increase of the Contract be entertained as a result of such Tenderer negligence.

11.2 The Authority may, at its own absolute discretion, extend the closing date and the time for receipt of Bids specified under the Procurement Details. Any extension granted under this Section 11 will apply to all Bidders.

11.3 All Bids will be arithmetically checked; any errors will be brought to the proposer’s attention. The rates supplied would be the basis for the arithmetic correction and would be the determining factor for any queries about the corrected price. The Bidder will bewill be given details of such errors and afforded an opportunity to confirm or withdraw his/her offer.

11.4 The Authority is not bound to accept the lowest Bids and has the right to accept and

reject any Bid offers. 11.5 Late Bids will not be considered. 11.6 Submitting a Bid

There are two options for submitting a tender

Electronic tender submissions can be uploaded via the Mytenders

Portal at https://www.mytenders.co.uk/ If you are intending to make an electronic submission to this tender, please register

your interest on Mytenders at the earliest opportunity. Please ensure that you allow sufficient time to upload your documents.

Hard copies can be submitted by hand – Please follow the instructions set out below;

Submitting a hard copy of your tender

You will need two plain envelopes for the Tender submission. You must follow these instructions, failure to do so may result in the bid being non-compliant and not considered any further.

Envelope 1. Follow the steps written below:

1. Write the name of the bidder (Tenderer, Supplier) on this envelope

2. Write the name of the project and the address on the envelope as written below;

Supplier Name (Your Company Name) Tender for the Construction of a New Generator Room at Government Headquarters The Chairperson Public Procurement Board Ministry of Finance and Economic Management

P.O. Box 292, Brades, Montserrat, MSR1110

3. Now put this envelope into another plain envelope (Envelope 2.)

Envelope 2 Continue following the steps below:

4. Envelope 1 should now be inside this envelope (Envelope 2), seal the envelope and then write the Project Title and address for Tender return.;

Tender for the Construction of a New Generator Room at Government Headquarters The Chairperson Public Procurement Board Ministry of Finance and Economic Management

P.O. Box 292, Brades, Montserrat, MSR1110

*NB: Envelope 2 must not have the Bidders name on it or any other markings. Tenders

are to be delivered to the address above. Tenderers will be given a receipt

12 Queries Relating to Bid

12.1 All requests for clarification about the requirements or the process of this procurement exercise shall be made in accordance with these Instructions.

12.2 The Authority will endeavour to answer all questions as quickly as possible, but cannot guarantee a minimum response time. In order to satisfy query requests, the Authority has designated a specific personnel to deal with clarification requests from Bidders

12.3 Clarification requests can be submitted via e-mail to at jutleh@gov.ms from the date shown under Procurement Details.

12.4 In order to ensure equality of treatment of Bidders, the Authority intends to share the questions and clarifications raised by Bidders together with the Authority’s responses (but not the source of the questions) to all participants on a regular basis.

12.5 The Authority reserves the right not to respond to a request for clarification or to circulate such a request where it considers that the answer to that request would or would be likely to prejudice its commercial interests.

13 Bribery

13.1 The offer of a bribe or other inducement to any person with the object of influencing the placing of the Contract will result in instant rejection of the Bid concerned.

14 Withdrawal of Bids

14.1 The withdrawal of a bid may only be made by persons authorized to act on behalf of the Bidder. Authorized persons are those so identified in the Bidder's corporate bylaws, specifically empowered by the Bidder's charter or similar legally binding document acceptable to The Authority, or by a power of attorney, signed and dated, describing the scope and limitations of the power of attorney. Ensure such documentations are made available to The Authority at the time of seeking modifications or withdrawal of the Bid.

15 Execution of the Contract

15.1 Subsequent to the Notice of Intent to Award, and within 14 calendar days the Preferred Bidder shall execute and deliver the Agreement to the Authority through the Office of the Deputy Governor, and sign in such number of counterparts as the Authority may require.

15.2 Unless otherwise indicated in the Procurement and Contracting Documents or the

executed Agreement, the date of commencement of the Works shall be the date of the executed Agreement.

15.3 In the event of a default, the Authority may declare the amount of the Bid security

forfeited and elect to either award the Contract to the next responsible Bidder, or re-advertise for bids.

16 Post-Contract Evaluation

16.1 Tenderers are advised that the Government of Montserrat aims to improve Quality, provide The Authority satisfaction and ensure value for money throughout the project life cycle. The Contractor’s performance during contract implementation will be assessed at close out of the contract. Therefore, at the completion of the proposed works, the Government of Montserrat will undertake a Contract Performance Evaluation, which is a review of all the project objectives.

16.2 A form referred to as the Post Contract Performance Report will be the tool used

to measure and assess the Contractor’s performance in achieving the project objectives. Please be advised that The Authority’s satisfaction for project delivery will form part of the measureable indicators for achieving project objectives.

16.3 The project’s success may be taken into consideration for future opportunities with

the Government of Montserrat, as evaluation criteria.

17 SCOPE OF WORK

The Office of the Deputy Governor is seeking tenders from qualified businesses and persons to provide proposals to the Construction of a New Generator Room at Government Headquarters’, taking into account the following considerations: The supply of all materials, labour, equipment and temporary facilities to safely Complete “The Renovation of the Generator Room at Government Headquarters, Brades, Montserrat” as detailed in the Tender Documents. The proposed works are described in the Drawings, which are provided to the tenderers.

Explanation of Documents If any point/s in the documents issued for the purpose of tendering inconsistency are found, the tenderer must seek written clarification on any inconsistency on the drawings, specifications or any other related document. The Project Architect will provide explanations by the issue of an addendum. Any addendum so issued will be incorporated in the contract documents. It is the sole responsibility of the bidders to regularly check the Government website for addendums during the tender period.

All information given on the drawings or in the contract documents relating to materials encountered, ground-water, sub-surface conditions, natural phenomena, existing services and pipes is from the best source available to the Employer at preparation of tender documents. All such information is furnished only for the information and convenience of tenderers. Statements to Tenderer Neither the Employer; Government of Montserrat, nor any of its agents or servants shall be bound by held liable for any statement made or delivered to any tenderer unless such a statement shall have been confirmed by a circular letter to tenderers issued by the Project Architect. Each Tenderer shall familiarize their self with the site and all works required including services to be installed under this and any sub-contract and bring to the attention of the Project Architect any apparent areas of conflict, prior to submission of their Tender This will ensure that all bidders are issued any addendums in a timely manner, without jeopardizing any aspects of the various services installations and hand over of the finished building as a whole. Tenderers are advised that the Government of Montserrat in an effort to improve Contractor Performance and provide Client satisfaction in achieving value for money, will undertake a ‘Contractor Performance Report’ at the end of the contract. A form has been included in the tender pack and this will be the tool used to measure and assess the contractor’s performance in achieving the project objectives. The contractor performance during contract implementation will be assessed at close out and the level of client’s satisfaction for the completed works will form part of the measureable indicators along with cost, time and successful completion and delivery of the scope. Tenderer to Investigate Before Tendering The tenderer will be deemed to have read and examined all the documents and shall satisfy themselves as to all matters and eventualities which can in any way influence his

or her tender submission. Any neglect or failure on the part of the tenderers to obtain reliable information upon any matters, affecting the; Health and Safety, cost, time, quality, execution, construction, completion, testing and commissioning of the Works and the Contract shall not relieve the persons whose Tender is accepted from any risks or liabilities for the complete Works, nor will any claim for increase of the Contract be entertained as a result of such negligence. The tenderers are required to visit and examine the site and its surroundings, and obtain all the information that may be necessary for compiling his or her tender. You must examine the tender documents and ascertain all the risks and obligations which the Contract will impose on the Contractor, and submission of your tender therefore shall be considered conclusive evidence of such. The tenderer shall submit their tender with the understanding that the tender documents are intended to cover all the work within the scope of the Contract, and that unless expressly excluded, any and all labour and materials not indicated therein, but necessary to complete any part of work, shall be considered as included and must be furnished. Any alteration made by a tenderer to the documents issued for the purpose of tendering or omission by him or her to complete fully and return every document as required by this notice to tenderers, unless otherwise instructed by the Project Architect, may preclude consideration of the tender by the Employer. Should any further information be required, it will be supplied on request by the Project Architect through the Head of Procurement. Bills of quantities Tenderers are required to complete the Bills of Quantities, which are based on the tender drawings provided. The tenderer must satisfy themselves as to the general accuracy of the quantities given in the bill of quantities and must provide accordingly in the tender rates. If you consider that any quantity may differ significantly from the figure given in the bills of quantities, you must raise attention to the fact in a letter accompanying the tender. An all-in rate comprising of labour, material, transportation and plant must be entered against every item in the bills of quantities. Currency of Tender Tenders shall be priced in Eastern Caribbean Dollars (EC$). Rates and prices shall be inclusive of applicable taxes. In order to keep the bidding process as fair and simple as possible, please bid as a duty paid project. The tenderer must familiarize him/herself with the workings of the Customs Department and shall allow for the costs of and shall accept responsibility for preparing and processing the necessary documents involved in the importation of labour and materials, etc. to be incorporated in the Works. The tenderer must allow for all Wharfage Dues, Package Tax, Importer's Licenses (where applicable), Stamp Duties, taxes and charge that may be required. Special rules are in force in respect of the importation of plant, scaffolding, tools, equipment and consumable stores that are not incorporated in the Works. The tenderers must allow for the result of licenses, bonds, deposits, duties, taxes, stamp duties or any other charges that may be required

18. ITT TENDER CHECKLIST

Project Title: Construction of a New Generator Room at Government Headquarters

Date ITT advertised: 3rd March, 2020 Proposal Deadline Date: 18th March, 2020 Proposal Deadline Time: 12:00pm midday (Eastern Caribbean Time)

Below are the following documents that must be submitted for a Bidder’s bid to be valid. Bidders are asked to supply and tick off the following information. Failure to provide any of the stated documents will result in the bid being considered non-compliant and rejected.

The documents below MUST be presented with the bid to ensure that the bid is valid.

O Completed Signed Form of Tender. The Form of Tender document shall be signed by a person legally authorized to bind the firm to a contract. The complete tender sum should be clearly written and included in the form of tender. Ensure to state the delivery time.

O Appendix to Form of Tender

O Completed Bill of Quantities

O Signed Tender Submission Anti-Collusion Statement

O Tax Compliance Certificate (If locally registered in Montserrat)

O Schedules A – D

O Construction Programme

O Method Statement

O Proposed Payment Schedule

O Details of Contractor Experience

................................................ ………/………/……… Bidders Authorized Signature Date

19. FORM OF TENDER The Chairperson Public Procurement Board Ministry of Finance and Economic Management Government Headquarters Brades, Montserrat MSR1110

Dear Sir/Madam,

RE: CONSTRUCTION OF A NEW GENERATOR ROOM AT GOVERNMENT HEADQUARTER’S

I/We the undersigned undertake to supply and deliver the goods as outlined in the above captioned project in accordance with the general conditions of contract and product specifications as provided in the Tender Document, for the sum of: EC$ ……………………………………………………..............................…….................................

(words)……………………………………………………………………………..………………………

………………………………………………………………………………………………………….

If my/our tender is accepted, I/We undertake to commence the Works within _ __ days from the date of receipt by me/us of the official order and complete the works within__ __ days from the date of receipt by me/us of the official order. I/We understand I/We shall not be reimbursed for any cost that may have been incurred in compiling this tender. I/We confirm this tender shall remain valid until contract has been awardedfrom the date of submission of this proposal. Except in cases where there is an exemption from tax, of which proof must be provided; residents of Montserrat for tax purposes are subject to tax on the profits from this project while non-residents are liable to a 20% Withholding Tax deduction from the gross amount.

Please take into consideration your tax obligations and liabilities to the Government of Montserrat. For further information, please contact Montserrat Customs & Revenue Service (MCRS) via email at irev@gov.ms I/We agree to abide by this tender from the Tender submission deadline until the award of the contract. Name……………………………………………………………………………………………………….. Name of Firm (If Applicable) …………………………………………………………………………….. Address…………………………………………………………………………………………………......

Tel. no Fax no /…………………………………………………………………………………………….

Email Address …………………………………………………………………………… Signed………………………………………………………… Date……………………………2020

20. EVALUATION OF BIDS

20.1 The following evaluation criteria will be used to evaluate Tenders received in response to this ITT. The Administrative Compliance would be applied before the remaining criteria and is either pass or fail, with failure meaning that bids would be deemed Non-compliant. Biddersmust achieve a minimum score of 70% to be considered for award of contract.

EVALUATION CRITERIA WEIGHT %

Administrative Compliance PASS/FAIL

Method Statement/Risk Analysis 20

Programme of Works 10

Financial Compliance 40

Technical Compliance & Bidder’s Experience 30

TOTAL 100%

C

20.2 Administrative Compliance (PASS/FAIL)

Bidders must submit all the documents requested in the ITT. The ITT Checklist in Section 18 provides a list of documents to be completed and submitted for bidders to be deemed compliant and achieve a PASS assessment. The accurate and whole submission of these documents fulfils the Administrative Compliance requirement, which is a Pass/Fail assessment. This also includes the correct addressing of the envelopes when submissions are done via hard copying. Where all of the outlined requirements have been fulfilled, the bidder will then advance to the subsequent evaluation criteria. If any of the above mentioned items are not submitted, then the tender would be deemed non-compliant and the submission rejected.

20.3 Method Statement/Risk Analysis (20%)

Bidders are required to submit a Method Statement to be used to help manage the work and ensure that the necessary precautions have been communicated to all parties so the wellbeing of the workforce is not affected. This will be a means of controlling specific Health and Safety risks identified, (example use of plant and protection for existing building and site). Tenderers should provide a fully detailed outline of the work task or process which should be completed in carrying out the said works. Risk control strategies and procedures should also be identified to ensure that all the significant Health and Safety risks can be reduced. Tenderers should also submit a risk method statement to show who is responsible and how to eliminate (or reduce as far as possible) the possibility of an accident occurring where individuals may suffer injury or work related illness, or where property may be damaged. Ensuring Health and Safety of all employees or staff throughout the works is paramount to the project’s success. This criterion would be assessed on a weighting of (20%).

20.4 Programme of Works (10%)

Bidders are required to provide an accurate detailed programme of works showing a list of all activities which would be carried out to complete the works including time frames for each activities. The programme should effectively show the start dates, duration of key activities, the total duration for completing the works and hand over date. Programmes with the necessary requirements would be assessed on a weighting of (10%).

20.5 Financial Compliance (40%)

The tendered price is a significant component and the Government of Montserrat will seek to ensure that the works are undertaken at the most Economically Advantageous Tendered Price. None the less t he Government of Montserrat is not bound to accept the lowest or any tender. However, there are other factors that will be considered proportionately.

The Government of Montserrat will conduct a comparative assessment of all tender submissions with an internal estimate. If ANY tender is determined to be abnormally low in relation to the internal estimate, it will be rejected. The investigation may consider the bid value of 65% in relation to the average of other bidders, as an abnormally low tender. The percentage for this criterion will be calculated proportionately in comparison to other price submissions from tenderers. This final comparison would be assessed and tenderers can obtain a maximum weighting up to 40%.

20.6 Technical Compliance & Experience (30%)

Adherence to the technical specification is paramount to tenderers achieving success in the evaluation process. Prospective tenderers need to provide details of at least 2 previous contracts completed within the past 10 years of a similar nature to the scope of works of this tender with a minimum value of $80,000.00 for material and labour and a minimum value of $48,000 for labour only. These details should include but are not limited to the following; the entity or person for which the work was completed, contact information for the entity or person, the description of the works and location of the works. In addition, the prospective tenders can submit award letters for works in lieu of the above mentioned information. The percentage for this criterion will be calculated proportionately in comparison to other submissions from tenderers, and assessed on a weighting of (30%).

Start Date or Date

of Award Description of Works Name of Client Price of

Contract Date

Completed

21. ANTI-COLLUSION STATEMENT I/we certify that this proposal is made in good faith, and that we have not fixed or adjusted the amount of the proposal by or under or in accordance with any agreement or arrangement with any other person. I/we also certify that we have not and I/we undertake that we will not before the award of any contract for the work:

Disclose the proposal price or any other figures or other information in connection with the proposal to any other party (including any other company or part of a company forming part of a group of companies of which I am/we are a part of) nor to any sub-consultant (whether nominated or domestic) nor supplier (whether nominated or domestic) or any other person to whom such disclosure could have the effect of preventing or restricting full competition in this proposing exercise.

Enter into any agreement or arrangement with any person that they shall refrain from proposing, that they shall withdraw any proposal once offered or vary the amount of any proposal to be submitted or otherwise collude with any person with the intent of preventing or restricting full competition.

Pay, give or offer pay or give any sum of money or other valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to another proposal or proposed proposal for the work any act or thing of the sort described at i), ii) or iii) above.

I/we further declare that i/we have no knowledge either of any sum quoted or of any other particulars of any other proposal for this contract by any other party.

I/we further certify that the principles described above have been, or will be, brought to the attention of all sub-consultants, suppliers and associated companies providing services or materials connected with the proposal and any contract entered into with such sub-consultants, suppliers or associated companies will be made on the basis of compliance with the above principles by all parties.

I/we acknowledge that any breach of the foregoing provisions shall lead automatically to this proposal being disqualified and may lead to criminal or civil proceedings. The government of Montserrat shall treat any proposal received in confidence but reserves the right to make the same available to any other funding organisation or statutory regulatory authority either having jurisdiction over the services or who may now or at any time in the future have statutory power to require disclosure of this proposal.

In this certificate, the word ‘person’ includes any persons and anybody or association, incorporated or unincorporated; any agreement or arrangement includes any transactions, formal or informal and whether legally binding or not; and ‘the work’ means the work in relation to which this proposal is made.

Signature: ……………………………………………………………

In capacity of: ….……….…….…….………………………………

Date: ……………………………………………………2020

Duly authorised to sign proposals and acknowledge the contents of the anti-collusion certificate for and on behalf of:

Name of Firm: ……………………………………………………………………………………………………………

Full postal address: …………………....………………………………………………………………………………..

Contact No. ……………………………………………………………………………………………………………

22. Schedule A – LABOUR RATES I (We) hereby certify that to the best of my (our) knowledge and belief the wages, hours of work, and conditions of labour of all work people proposed to be employed by me (us) on this project for which I (we) am (are) offering myself (ourselves) as a Contractor are fair and reasonable having regard to the statutory provisions regulating rates of wages as are in force in Montserrat on the date of this my (our) Tender and I (we) will accept responsibility for the observance of these regulations by sub-contractors employed by me (us) in the execution of the works.

The above mentioned wages and hours of work are as listed on the following pages:

The Tenderer shall list the labour, by classification, which he proposes to have on the site for performing all of the work, together with the applicable hourly rates. The rates stated shall include all fringe benefits, overhead and profit.

Class of Work-person Rates of Wages (*) $/hr. Hours of Work (**)

Foreman

Mason

Steel bender/fixer

Skilled Labourer

Labourer

I (We) shall pay . . . . . . times the above rates of wages for normal overtime work in excess of . . . ... hours per work day and Saturdays and . . . . . . . . . times the above rates of wages for work on Sunday and Statutory Holidays.

* per hour ** In a normal working day

Dated this ............. day of ...................... 2020

............................................................ (Signature) (Name in Block Letters)

being an officer of, and duly authorized to sign on behalf of

...............................................................…………………………..

...............................................................…………………………………. (Business Address)

........................ (Telephone)

23. Schedule B – CONSTRUCTION MATERIALS

On the following page(s) I (We) have listed to the best of my (our) knowledge all of the

required construction materials to be incorporated into the Permanent Works, together

with the names of my (our) proposed suppliers and the unit for each material including

the country of origin thereof if not locally sourced.

We have satisfied ourselves that the suppliers’ delivery schedules are realistic and/or we have satisfied ourselves that materials are available in sufficient quantities to execute the works without delay, and that materials conform with all requirements of the Specification.

We understand that all materials will be subject to inspection and tests by the Architect/Contract Administrator.

Material Supplier Unit Cost (EC$) Sand

Aggregate

Cement

Reinforcement mesh

Reinforcement – ½”

Reinforcement – 3/8”

1.5 kva transformer

110 outlet

220 outlet

Stainless steel screws

8” Blockwork

Emulsion Paint

3” PVC waste pipe

Security Window 60” x 36” 3”

blades

Aluminum door 72” x 80”

Single pole switch

Two way switch

Weather proof wall mounted lights

24” fluorescent lights

Dated this ............. day of ...................... 2020

............................................................ (Signature) (Name in Block Letters)

being an officer of, and duly authorized to sign on behalf of

...............................................................…………………………..

...............................................................…………………………………. (Business Address)

........................

(Telephone)

24. Schedule C – CONSTRUCTION EQUIPMENT I (We) propose to employ the following construction machinery and equipment for the execution of the Works and to the best of my (our) knowledge, the equipment listed is in sufficient capacity to construct all of the Works within the time specified for completion.

Note: Indicate (*) if equipment is to be rented or sub-contracted locally, and provide details. Also list the rate of hourly hire of all equipment for Day-work purposes. Do not list hand tools or normal tools required by trade persons.

Description of Equipment Hourly Rate for Day-work (EC$) Concrete Mixer (with hopper)

Concrete Mixer (without hopper)

5 Ton Lorry

3 Ton Lorry

Vibrator

Mini-excavator

Bobcat

Jack-hammer

Dated this ............. day of ...................... 2020

............................................................ (Signature)

(Name in Block Letters)

being an officer of, and duly authorized to sign on behalf of

...............................................................…………………………..

...............................................................………………………………….

(Business Address)

........................

(Telephone)

25. Schedule D – LIST OF PROPOSED ESTABLISH SUB-CONTRACTORS I (We) propose to sub-contract the following parts of the Works to the sub-contractors listed below. I (We) agree not to make changes to this list without the written consent of the Project Manager.

In my (our) opinion, the sub-contractors named hereunder are reliable and competent to perform that part of the works for which each is listed and, in any case, I (we) understand that all proposed sub-contractors shall be subject to the Architect/Contract Administrator's written approval.

Name and Address of Sub-Contractor Part of the Works

Steel Bender/Fitter

Machine operator

Carpenter

Mason

Labor

Painter

Electrician

Dated this ............. day of ...................... 2020

............................................................ (Signature) (Name in Block Letters)

being an officer of, and duly authorized to sign on behalf of

...............................................................…………………………..

...............................................................…………………………………. (Business Address)

........................ (Telephone)

AGREEMENT

between

GOVERNMENT OF MONTSERRAT

and

………………………….

1. This Agreement is made the ……. Day of ………….. 2020 between the GOVERNMENT OF MONTSERRAT having its headquarters at Government Headquarters, Brades, Montserrat acting herein and represented by the Chief Human Resources Officer, Office of the Deputy Governor, Brades, Montserrat (here in after referred to as “GOM”) of the one part and …………………………. acting herein and represented by Himself (here in after referred to as the “Contractor”) of the other part.

The GoM is desirous that certain building deconstruction works should be carried out at the Government Headquarters compound and the contractor has accepted and paid by the GoM the sum of …………………………… ($.................) the amount the GoM has agreed to accept for the Contractor to carry out the works and benefit fully from the materials within the building according to the schedule and other documents which comprised the contract document.

2. This Agreement shall take effect from the …... of ……………… and subject to prior termination as provided by this agreement shall continue for a period of ………………

3. In this Agreement:

a. “Agreement” means these General terms and Conditions in Schedule 1 together with the Signed Form of Tender, Priced Bill of Quantities, Specifications, Contract, tender circular addenda in Schedule 4 and any document incorporated into this agreement by reference;

b. “Contractor” includes the Contractor, and his/its employees; c. “Deliverables” includes specifications and any component element of the Works; d. “Engineer” means a duly authorized representative of GOM who is also qualified

and trained as a Civil Engineer e. “Works” means the works to be executed in accordance with this agreement as

described in the documents. 4. The Contractor is an independent contractor and shall not be considered in any respect as

being an employee of GOM. 5. The Contractor shall supply its Montserrat Social Security number and verify the accuracy of

the number as entered on all documentation connected with this agreement, and shall provide to GOM evidence of good standing with and observance of the requirements of the Social Security Board.

6. The representative of GOM for the administration of this agreement is the Chief Human

Resources Officer, Office of the Deputy Governor, Brades, Montserrat (hereinafter referred to as the Administrator). The Administrator shall have final authority for acceptance or rejection of the Contractor’s performance, and if unsatisfied, shall initiate the process for the Contractor remedy the deconstruction works to the satisfaction of GoM.

7. The Contractor shall provide the deliverables specified in column 1 of Schedule 2, within the

timelines set out in Column 2 of Schedule 2. The Contractor shall deconstruct the building and clear the property of all materials and debris. The Contractor shall pay the Government of Montserrat, in the form of the Contract Sum or tendered price and shall be entitled to keep all materials resulting from the deconstruction of the building. All cost will be borne by the Contractor in carrying out the works.

IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date herein first mentioned.

BY BY

_________________________ _____________________________

Cheverlyn Williams-Kirnon (MRS)

Chief Human Resources Officer

Office of the Deputy Governor Contractor Brades Montserrat

WITNESS WITNESS _________________________ _____________________________

SCHEDULE 1

Terms and Conditions

I. GOM may at any time by a written notice modify the deliverables described in Schedule.

2 and promptly upon receipt of such modification the Contractor shall within 7 days either advise that the change will not affect its costs or cause a delay in providing the deliverables, or furnish a breakdown of estimated changes in costs or delay in the deliverables attributable thereto. Upon receipt of the breakdown by GOM any changes necessary to the other terms and conditions of the agreement shall promptly be negotiated by the parties and incorporated in an amendment to this contract. The Contractor’s failure to advice of any such changes or delays shall constitute the Contractor’s consent to the modification without adjustment to the other terms and conditions of this agreement.

II. As full consideration for the deconstruction and disposal of all building materials derived

from the deconstruction by the CONTRACTOR, under the terms of this agreement, the GOM will pay the fees as outlined in Schedule 2, payable against original invoices delivered to the GOM at its headquarters by the CONTRACTOR, provided that GOM may give notice of its intention not to pay such fee where:

a The CONTRACTOR has failed to carry out services/provide the deliverables, or has defectively carried out services/provided deliverables required by this Agreement to be carried out and has not remedied such failure or defect within a reasonable time;

b The CONTRACTOR, by act or omission has caused damage to personnel or property of the GOM or any third party;

c There is a breach of any other provision of this Agreement; and upon giving such notice the GOM may stop the Contractor from carrying out further services and claim damages and compensation where possible.

III. The GOM shall have the right, at its expense, to have a representative of the GOM

inspect such records and invoices of the CONTRACTOR as are necessary to verify the CONTRACTOR’s performance and all expenses submitted pursuant to this Agreement and the CONTRACTOR shall make such records and invoices available for inspection during normal business hours at the GOM Headquarters.

IV. All records related to this Agreement at any time in the possession of the CONTRACTOR

shall be retained for a period of three (3) months after the termination of this Agreement. Records relating to any claim arising out of the performance of this Agreement, or costs and expenses of this Agreement to which exception has been taken by the GOM, shall be retained by the CONTRACTOR until the claim has been resolved.

V. The CONTRACTOR shall not remove any material, goods or equipment purchased by

the GOM and furnished to the CONTRACTOR to facilitate the performance of its obligations under this contract without the prior written consent of the Administrator.

VI. The CONTRACTOR shall not at any time during or after the term of this Agreement divulge

or allow to be divulged to any person any information which comes into its possession by virtue of its performance of this Agreement, which relates to the business and affairs of the GOM except upon authorization by the GOM. The CONTRACTOR shall not seek to acquire any such information outside of the performance of its/his duties under this Agreement.

VII. (a) The Contractor shall not assign or sub-contract any of its rights or duties under this Agreement without the prior written consent of the GOM, such consent not to be unreasonably withheld.

(b) The Contractor retains full and complete responsibility for every aspect of the Works and deliverables including any aspect which might be sub-contracted or assigned to another person under clause VII (a), including the duty to ensure that any such part of the Works or deliverables are completed in a good and workmanlike manner, with sound materials and in conformity in all respects with the documents and at all times and in every respect in compliance with the Building Codes of Montserrat and all the applicable laws. (c)The Contractor shall respond to any reasonable query from GOM regarding the quality and quantity of materials procured by him/it for use in the Works and deliverables and shall provide GOM with satisfactory evidence of his/its compliance with the agreed specifications periodically/monthly/quarterly during the deconstruction of the Works and within Seven days of completion.

(d) The Contractor shall procure and supply all materials required and described in the priced Bill of Quantities, specifications, tender circular, addenda and contract and shall ensure that those materials are used in deconstruction of the Works and provision of the deliverables.

VIII. The Contractor agrees to undertake and complete deconstruction works to the said

building, porch, walkway and all Works described in the Specifications, the tender documents and all tender circulars and addenda.

IX. The Contractor and GOM agree that they will each have the respective obligations

under this agreement as outlined in Schedule 3.

a. The Contractor agrees to indemnify, and keep the GOM indemnified, from and against any and all loss, damage, expense, liability, claim or proceedings (whether criminal or civil) suffered by GOM’s agents, servants or third parties, including any legal fees and costs incurred, resulting from a breach of this Agreement by the Contractor and/or arising in connection with the performance of this agreement by the Contractor or arising out of or in the course of or caused by the carrying out of the Works:

i. in respect of personal injury to or death of any person; or ii. in respect of any damage whatsoever to any property real or personal

due to any negligence, omission and default of the Contractor.

b. The Contractor agrees to indemnify GOM in respect of claims from anyone suffering damage to their equipment or property or accidents

anyone suffering damage to their equipment or property, or accidents suffered by their employees, agents or third parties, resulting from the Contractor’s actions.

X. The Contractor shall produce such evidence as GOM may reasonably require that the insurances referred to in the form of tender have been taken out and are in force from commencement of works until project completion.

XI. TheContractorshallensurethatsuitablesystemsforcontrollingtrafficandpedestrian movements are discussed with the Traffic Commissioner and implemented during its operations to minimize any delays to road users.

XII. The parties agree that a warranty period of 3 months is part of the agreement, during

which time the Contractor bears full responsibility for the deconstruction of the building and restoration of the worksite, execution maintenance of the works and any repair or correction which becomes necessary due to the failure and incorrect performance of the Contractor.

XIII. The Contractor shall notify GOM in writing of his/its completion of the Works. The

Deconstruction/Site supervisor shall certify the date when in his opinion, the Works have reached practical completion. This date shall be the date of commencement of the warranty period.

XIV. The Contractor shall pay to GOM a penalty of 1% of the contract price a day, for every

day the completion of the Works is overdue.

XV. The parties agree that a dispute relating to the agreement shall be determined by a Mediator. Any party may request that a Mediator be appointed. The parties shall try to agree a single Mediator by whom the matter shall be determined. The Mediator once appointed shall specify a reasonable time and date for submissions, and information by each party. The parties shall cooperate with the Mediator and with such enquiries that he/she may deem necessary. No confidential information supplied to the Mediator shall be disclosed to any third party. The Mediator may set out his/her own procedure and be entitled to award financial damages or to order the performance or prohibition of any act as he/she deems fit. In the event agreement cannot be reached clause 23 condition of contract shall apply.

XVI. a) The Contractor shall receive one complete original of this agreement.

b) Subsequent to the commencement of the agreement, the Contractor shall receive a copy of all additions to and amendments to the Specifications.

XVII. a) If, before the date for practical completion, the Contractor shall make a default in

any one or more of the following respects: (i) Without reasonable cause he/it wholly or substantially suspends the carrying

out of the Works, or (ii) He/it fails to proceed regularly or diligently with the Works, or

(iii) He/it refuses or neglects to comply with a written notice/instruction given by

the Construction/Site supervisor and by such refusal or neglect the works are materially and adversely affected.

The Construction/Site supervisor may give to the Contractor a notice specifying the

default or defaults.

(b) If the Contractor continues with the default for 14 days from the issue of the notice under the agreement GOM may by a further notice to the Contractor terminate this agreement. Such termination shall take effect on the date of receipt of such further notice.

(c) GOM shall not issue a notice of termination unreasonably or vexatious.

(d) The Construction/Site supervisor shall determine the amount due to the Contractor which shall include loss, damage or expenses incurred by GOM as a direct consequence of the termination. A final payment certificate will be prepared by the Construction/Site supervisor.

(e) If, before the date of practical completion, the carrying out of the whole or substantially the

whole of the uncompleted works is suspended by reason of one or more of the events stated below for a period of three months or more:

(i) Force majeure, or

(ii) The deconstruction/Site supervisor’s instruction to the Contractor or GOM may upon

expiry of the period of the suspension give notice to the other party that unless suspension is terminated within 7days after the receipt of such notice, GOM shall pay to the Contractor the total value of the Works properly executed at the date of termination of this agreement, such value ascertained in accordance with the conditions as if the agreement had not been terminated.

(f) A party shall not issue a notice of termination unreasonably or veraciously.

XIII. The deconstruction/Site supervisor may issue instructions on behalf of GOM, with regard to

the postponement of any or all the Works to be executed under this contract.

XIX. The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time, subsequently, to enforce all terms and conditions of this Agreement. No waiver of any default or non-performance by any party shall be considered a waiver of any subsequent default or non-performance.

XX. This Agreement supersedes any prior Agreement between the parties whether written or

oral relating to the subject matter hereof, but without prejudice to any rights which have already accrued to either of the parties.

XXI. This Agreement shall be governed by the laws of Montserrat in every particular and

shall be deemed to be made in Montserrat.

XXII. (a) Both parties shall be released from their respective obligations in the event of national emergency, natural disaster, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of this Agreement impossible whereupon all money due under this Agreement shall be paid immediately.

(b) A party that is delayed in meeting or that fails to perform its obligation under this

agreement because of Force Majeure, shall have no liability to the other for such delay or failure to perform. Both parties shall use reasonable endeavors to mitigate as far as possible, the effects of the Force Majeure event.

(c) If one party is prevented from or delayed in performing its obligations under this agreement as a result of Force Majeure, the other party shall be released to the equivalent extent from its obligation in relation to that particular Force Majeure event.

XXIII. Any notice or other document required to be given under this agreement or any communication between the parties with respect to any of the provisions of this Agreement shall be in writing and may be sent by electronic mail to the correct email address, facsimile transmission to the correct number, post or hand delivery to the last known business address of the party upon whom it is being served. Notice shall be deemed to have been effected within 24 hours of the date of sending of the notice when sent by electronic mail or facsimile transmission, within 72 hours of the date of posting of the notice when sent by post and upon delivery when hand delivered.

a. A notice shall be delivered as follows:

(i) If to GOM, to:

Cheverlyn Williams-Kirnon (MRS)

Office of the deputy Governor Brades

Montserrat Fax: 664-491-6234 Email: odg@gov.ms

(ii) If to the Contractor, to:

(iii) In proving the giving of a notice, it shall be sufficient to prove respectively that the notice was left at the relevant party’s address or that the envelope containing the notice was properly addressed and dispatched or dispatch of any electronic transmission used was confirmed.

SCHEDULE 2

The Contractor will provide the services/deliverables described in column 1 within the timelines indicated in column 2.

Services/Deliverables Timelines Fees

Contract Execution and completion

SCHEDULE 3

Obligations of each party under this agreement

Contractors Obligations:

GOM’s obligations:

SCHEDULE 4

List all documents making up the Contract