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Natl Horticulture & Livestock Project - P143841

  Kabul Afghanistan — Ministry of Agriculture, Irrigation and Livestock
Published April 28, 2016 — Deadline June 15, 2016 (2 years ago)
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Notice type
Contract notice
Procurement Of (goods) 200 Mini Tractorwith A Capacity Of 15 Hp For Horticulture Component Of Nhlp/mail ????????????  ????????? Islamic Republicof Afghanistan Ministry ofAgriculture, Irrigation andLivestock International COMPETITIVE BIDDING For Procurement of (Goods) 200 Mini tractor  with a capacity of 15 hp for horticulture COMPONENT Of NHLP/MAIL National Horticultureand Livestock Project (NHLP) NHLP Grant No: TF 013820 and ProjectID: P143841 Procurement Plan Reference: G.532 IFB Ref. No: MAIL/ARTF/NHLP/ICB ? 4400/G.532 May 2, 2016 Table ofContents PART 1 ? Bidding Procedures...............................................................................................1 Section I.  Instructions to Bidders............................................................................................. 3 Section II.  Bid Data Sheet (BDS).......................................................................................... 29 Section III.  Evaluation and Qualification Criteria................................................................. 35 Section IV.  Bidding Forms.................................................................................................... 41 Section V.  Eligible Countries................................................................................................. 59 Section VI. Bank Policy - Corrupt andFraudulent Practices.................................................. 61 PART 2 ? Supply Requirements..........................................................................................65 Section VII.  Schedule of Requirements................................................................................. 67 PART 3 - Contract................................................................................................................75 Section VIII.  General Conditions of Contract....................................................................... 77 Section IX.  Special Conditions of Contract......................................................................... 101 Section X.  Contract Forms................................................................................................... 111 PART 1 ? BiddingProcedures Section I. Instructions to Bidders Table of Clauses A.  General............................................................................................................................... 5 1... Scope of Bid........................................................................................................................5 2... Source of Funds...................................................................................................................5 3... Corrupt and FraudulentPractices........................................................................................ 5 4... Eligible Bidders...................................................................................................................6 5... Eligible Goods and RelatedServices.................................................................................. 8 B. Contents of BiddingDocument......................................................................................... 9 6... Sections of Bidding Document........................................................................................... 9 7... Clarification of Bidding Documents, SiteVisit, Pre-Bid Meeting...................................10 8... Amendment of BiddingDocument................................................................................... 10 C. Preparation of Bids..........................................................................................................10 9... Cost of Bidding.................................................................................................................10 10. Language of Bid................................................................................................................10 11. Documents Comprising the Bid........................................................................................ 11 12. Letter of Bid and PriceSchedules..................................................................................... 11 13. Alternative Bids.................................................................................................................11 14. Bid Prices and Discounts................................................................................................... 12 15. Currencies of Bid and Payment......................................................................................... 14 16. Documents Establishing the Eligibility andConformity of the Goods and Related Services    14 17. Documents Establishing the Eligibility andQualifications of  the Bidder....................... 15 18. Period of Validity of Bids................................................................................................. 15 19. Bid Security.......................................................................................................................16 20. Format and Signing of Bid................................................................................................ 18 D. Submission and Opening ofBids.....................................................................................18 21. Sealing and Marking of Bids............................................................................................. 18 22. Deadline for Submission ofBids....................................................................................... 19 23. Late Bids...........................................................................................................................19 24. Withdrawal, Substitution, and Modificationof Bids........................................................19 25. Bid Opening......................................................................................................................20 E. Evaluation and Comparison ofBids...............................................................................21 26. Confidentiality...................................................................................................................21 27. Clarification ofBids..........................................................................................................22 28. Deviations, Reservations, andOmissions.......................................................................... 22 29. Determination ofResponsiveness......................................................................................22 30. Nonconformities, Errors and Omissions............................................................................ 23 31. Correction of ArithmeticalErrors...................................................................................... 23 32. Conversion to Single Currency.......................................................................................... 24 33. Margin of  Preference........................................................................................................ 24 34. Evaluation of Bids.............................................................................................................24 35. Comparison of Bids...........................................................................................................25 36. Qualification ofthe Bidder............................................................................................... 25 37. Purchaser's Right to Accept Any Bid, andto Reject Any or All Bids.............................26 F. Award of Contract............................................................................................................26 38. Award Criteria...................................................................................................................26 39. Purchaser's Right to Vary Quantities atTime of Award..................................................26 40. Notification of Award....................................................................................................... 26 41. Signing of Contract...........................................................................................................27 42. Performance Security.........................................................................................................27 Section I. Instructions to Bidders A.  General 1.   Scope ofBid 1.1          In connection with the Invitation forBids, specified in the Bid Data Sheet (BDS), thePurchaser, as specified in the BDS,issues these Bidding Documents for the supply ofGoods and Related Services incidental thereto as specified in Section VII, Schedule of Requirements. The name, identification andnumber of lots (contracts) of this International Competitive Bidding (ICB) procurement are specified in theBDS. 1.2          Throughout these BiddingDocuments: (a)          The term "in writing" means communicated in written form (e.g. by mail, e-mail, fax, telex) with proof ofreceipt;(b)         if the context so requires, "singular" means "plural" and vice versa; and(c)          "Day" means calendar day. 2.   Source ofFunds 2.1          The Borrower or Recipient (hereinaftercalled "Borrower") specified in the BDS has applied for or received financing (hereinafter called"funds") from the International Bank for Reconstruction and Development or the International Development Association (hereinaftercalled "the Bank")inan amount specified in BDS,toward the project named in BDS The Borrowerintends to apply a portion of the funds to eligible payments under the contract for which these Bidding Documents areissued. 2.2          Payment by the Bank will be made only atthe request of the Borrower and upon approval by the Bankin accordance with the terms and conditions of the Loan (or otherfinancing) Agreement. The Loan (or other financing) Agreement prohibits awithdrawal from the Loan (or other financing) account forthe purposeof any payment to persons or entities, or for any import of goods, ifsuch payment or import, to the knowledge of theBank, is prohibited by decision of the United Nations Security Council taken under Chapter VII of the Charter of the UnitedNations. No party other than the Borrower shall derive any rights from the Loan (or other financing) Agreement or have any claim tothe proceeds of the Loan (or other financing). 3.   Corrupt and FraudulentPractices 3.1     The Bank requires compliance with its policy in regard to corrupt and fraudulent practices as set forth in SectionVI. 3.2     In further pursuance of thispolicy, Bidders shall permit and shall cause its agents (where declared or not), sub-contractors, sub-consultants, serviceproviders or suppliers and to permit theBank to inspect all accounts, records and other documents relating tothe submission of theapplication, bid submission (in case prequalified), and contract performance (in the case of award), and to have themaudited byauditors appointed by the Bank. 4.   EligibleBidders 4.1          A Bidder may be a firm  that is a private entity, a government-owned entity?subject to ITB 4.5?or anycombination of such entities in the form of a joint venture (JV) under an existing agreement or with the intent to enter into suchan agreement supported by a letter of intent.  In the case of a joint venture, all members shall be jointly and severally liable for the execution of the Contract inaccordance with the Contract terms. The JV shall nominate aRepresentative who shall have the authority to conduct all business forand on behalf of any and all the members of the JV during the bidding process and, in the event the JV is awarded the Contract,during contract execution. Unless specified in theBDS, there is no limit on the number of members in a JV. 4.2          A Bidder shall not have a conflict ofinterest. Any Bidder found to have a conflict of interest shall be disqualified. ABidder may be considered to have a conflict of interest for the purpose of this bidding process, if the Bidder: (a)          Directly or indirectly controls, is controlled by or is under common control with another Bidder; or(b)         Receives or has received any direct or indirect subsidy from another Bidder; or(c)          Has the same legal representative as another Bidder; or(d)         Has a relationship with another Bidder, directly or through common third parties, that puts it in a position to influencethe bid of another Bidder, or influence the decisions of the Purchaser regarding this bidding process;or(e)          Participates in more than one bid in this bidding process. Participation by a Bidder in more than one Bid willresult in the disqualification of all Bids in which such Bidder is involved.  However, this does not limit the inclusion of the same subcontractor in more than one bid;or (f)          Any of its affiliates participated as a consultant in thepreparation of the design or technical specifications of theworks that are the subject of the bid; or(g)         Any of its affiliates has been hired (or is proposed to be hired) by the Purchaser or Borrower for the Contractimplementation; or(h)         would be providing goods, works, or non-consulting services resulting from or directly related to consulting services forthe preparation or implementation of the project specified in the BDS ITB 2.1  that it provided or were provided by any affiliate that directly or indirectly controls,is controlled by, or is under common control with that firm; or(i)           has a close business or family relationship with a professional staff of the Borrower (or of the projectimplementing agency, or of a recipient of a part of the loan) who: (i) are directly orindirectly involved in the preparation of thebidding documents or specifications of the contract, and/or the bid evaluation process of such contract; or (ii) would be involvedin the implementation or supervision of such contract unless the conflict stemming from such relationship has been resolved in amanner acceptable to the Bank throughout the procurement process and execution of the contract 4.3          ABidder may have the nationality of any country, subject to the restrictions pursuant to ITB 4.7. A Bidder shall be deemed to havethe nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with theprovisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution orassociation) and its registration documents, as the case may be.  This criterion also shall apply to the determination of the nationality of proposed sub-contractors or sub-consultants forany part of the Contract including related Services. 4.4          A Bidder thathas been sanctioned by the Bank in accordance with the above ITB 3.1, including in accordance with the Bank's Guidelines onPreventing and Combating Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants ("Anti-Corruption Guidelines"),shall be ineligible to be prequalified for, bid for, or be awarded a Bank-financed contract or benefit from a Bank-financedcontract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms andindividuals is available at the electronic address specified in the BDS. 4.5          Bidders that are Government-owned enterprises or institutions in thePurchaser's Country may participate only if they can establish thatthey (i) are legally and financially autonomous (ii) operateunder commercial law, and (iii) are not dependent agencies of thePurchaser.  To be eligible, a government-owned enterprise orinstitution shall establish to the Bank's satisfaction, through all relevant documents, including its Charterand other informationthe Bank may request, that it: (i) is a legal entity separate from the government (ii) does not currently receive substantialsubsidies or budget support; (iii) operates like any commercial enterprise, and, inter alia, is not obliged to pass on its surplusto the government, can acquire rights and liabilities, borrow funds and be liable for repayment of its debts, and can be declaredbankrupt; and (iv) is not bidding for a contract to be awarded by the departmentor agency of the government which under theirapplicable laws or regulations is the reporting or supervisory authority of the enterprise orhas the ability to exercise influenceor control over the enterprise or institution. 4.6          A Bidder shall not be under suspension from bidding by the Purchaser asthe result of the operation of a Bid?Securing Declaration. 4.7          Firms and individuals may be ineligible if so indicated in SectionV and(a) as a matter of law or official regulations, the Borrower's country prohibits commercial relations with that country, providedthat the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or the contractingof works or services required; or (b) by an act of compliance with a decision of the United Nations Security Council taken underChapter VII of the Charter of the United Nations, the Borrower's country prohibits any import of goods or contracting of works orservices from that country, or anypayments to any country, person, or entity in that country. 4.8          A Bidder shall provide such evidence of eligibility satisfactory to thePurchaser, as the Purchaser shall reasonably request. 5.   Eligible Goods and RelatedServices 5.1          All the Goods and Related Services to besupplied under the Contract and financed by the Bank may have their origin in any country in accordance with Section V, EligibleCountries. 5.2          For purposes of this Clause, the term"goods" includes commodities, raw material, machinery, equipment, and industrial plants; and "related services" includes servicessuch as insurance, installation, training, and initial maintenance. 5.3          The term "origin" means the countrywhere the goods have been mined, grown, cultivated, produced, manufactured or processed; or, through manufacture, processing, orassembly, another commercially recognized article results that differs substantially in its basic characteristics from itscomponents. B. Contents of BiddingDocument 6.   Sections of BiddingDocument 6.1          The Bidding Documents consist of Parts1, 2, and 3, which include all the Sections indicated below, and should be read in conjunction with any Addenda issued inaccordance with ITB 8. PART 1    BiddingProcedures ·            Section I. Instructions to Bidders(ITB) ·            Section II. Bidding Data Sheet (BDS) ·            Section III. Evaluation and Qualification Criteria ·            Section IV. Bidding Forms ·            Section V. Eligible Countries ·            Section VI. Bank Policy-Corrupt and FraudulentPractices PART 2   SupplyRequirements ·            Section VII. Schedule of Requirements PART 3   Contract ·            Section VIII. General Conditions of Contract (GCC) ·            Section IX.Special Conditions of Contract (SCC) ·            Section X. Contract Forms 6.2          The Invitation for Bids issued by thePurchaser is not part of the Bidding Document. 6.3          Unless obtained directly from thePurchaser, the Purchaser is not responsible for the completeness of the document, responses to requests for clarification, theMinutes of the pre-Bid meeting (if any), or Addenda to the Bidding Document in accordance with ITB 8. In case of any contradiction,documents obtained directly from the Purchaser shall prevail. 6.4          The Bidder is expected to examine allinstructions, forms, terms, and specifications in the Bidding Documents and to furnish with its Bid all information ordocumentation as is required by the Bidding Documents. 7.   Clarification ofBiddingDocuments 7.1          A Bidder requiring any clarification ofthe Bidding Document shall contact the Purchaser in writing at the Purchaser's address specified in theBDS.  The Purchaser will respond in writing to any request for clarification, providedthat such request is received prior to the deadline for submission of bids within a period specified in the BDS.  The Purchaser shall forward copies of its response to all Bidders who have acquired theBidding Documents in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. If so specified in the BDS, the Purchaser shall also promptly publish its response at the web pageidentifiedin the BDS. Should the clarificationresult in changes to the essential elements of the Bidding Documents, the Purchaser shall amend the Bidding Documents following theprocedure under ITB 8 and ITB 22.2. 8.   Amendment of BiddingDocument 8.1          At any time prior to the deadline forsubmission of bids, the Purchaser may amend the Bidding Documents by issuing addenda. 8.2          Any addendum issued shall be part of theBidding Documents and shall be communicated in writing to all who have obtained the Bidding Documents from the Purchaser inaccordance with ITB 6.3. The Purchaser shall also promptly publish the addendum on the Purchaser's web page in accordance with ITB7.1. 8.3          To give prospective Bidders reasonabletime in which to take an addendum into account in preparing their bids, the Purchaser may, at its discretion, extend the deadlinefor the submission of bids, pursuant to ITB 22.2. C. PreparationofBids 9.   Cost ofBidding 9.1          The Bidder shall bear all costsassociated with the preparation and submission of its bid, and the Purchaser shall not be responsible or liable for those costs,regardless of the conduct or outcome of the bidding process. 10. Language ofBid 10.1      The Bid, as well as all correspondence and documents relatingto the bid exchanged by the Bidder and the Purchaser, shall be written in the language specified in the BDS.  Supporting documentsand printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translationof the relevant passages into the language specified in theBDS, in which case, for purposes of interpretation of theBid, such translation shall govern. 11. Documents Comprising theBid 11.1      The Bid shall comprise thefollowing: (a)          Letter of Bid in accordance with ITB 12; (b)         completed schedules , in accordance with ITB 12 and 14 (c)          Bid Security or Bid-Securing Declaration, in accordance with ITB 19.1;(d)        alternative bids, if permissible, in accordance with ITB 13;(e)          written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB20.2;(f)          documentary evidence in accordance with ITB 17 establishing the Bidder's qualifications to perform the contractif its bid is accepted;  (g)        documentary evidence in accordance with ITB 17 establishing the Bidder's eligibility tobid;(h)        documentary evidence in accordance with ITB 16, that the Goodsand Related Services to be supplied by the Bidder are ofeligible origin;(i)           documentary evidence in accordance with ITB 16 and30, that the Goods and Related Services conform to theBidding Documents;(j)           any other document requiredin theBDS. 11.2   In addition to the requirements under ITB 11.1, bids submitted by a JV shall include a copy of the Joint Venture Agreemententered into by all members. Alternatively, a letter of intent to execute a Joint Venture Agreementin the event of a successful bidshall be signed by all members and submitted with the bid, together with a copy of the proposed Agreement. 11.3   The Bidder shall furnish in the Letter of Bid information on commissions and gratuities, if any, paid or to be paid toagents or any other party relating to this Bid. 12. Letter of Bid andPriceSchedules 12.1.   The Letter ofBid and Price Schedules shall be prepared using the relevant forms furnished in Section IV, Bidding Forms. The forms must becompleted without any alterations to the text, and no substitutes shall be accepted except as provided under ITB 20.2. All blankspaces shall be filled in with the information requested. 13. AlternativeBids 13.1.   Unlessotherwise specified in the BDS, alternative bids shall not be considered. 14. Bid Prices andDiscounts 14.1      The prices and discounts quoted by the Bidder in the Letterof Bid and in the Price Schedules shall conform to the requirements specified below. 14.2      All lots (contracts) and items must be listed and pricedseparately in the Price Schedules. 14.3      The price to be quoted in the Letter of Bid in accordancewithITB 12.1 shall be the total price of the bid, excluding any discounts offered. 14.4      The Bidder shall quote any discounts and indicate themethodology for their application in the Letter of Bid, in accordance with ITB 12.1. 14.5      Prices quoted by the Bidder shall be fixed during theBidder's performance of the Contract and not subject to variation on anyaccount, unlessotherwise specified in the BDS A bid submitted with an adjustable price quotation shall be treated asnonresponsive and shall be rejected, pursuant to ITB 29. However, if in accordance with the BDS, prices quoted by the Bidder shallbe subject to adjustment during the performance of the Contract, a bid submitted with a fixed price quotation shall not berejected, but the price adjustment shall be treated as zero. 14.6      If so specified in ITB 1.1, bids are being invited forindividual lots (contracts) or for any combination of lots (packages).  Unless otherwise specified in the BDS,prices quoted shall correspond to 100 % of the items specified for each lot and to 100% of the quantities specified for each itemof a lot.  Bidderswishing to offer discountsfor the award of more than one Contract shall specify in their bid the price reductions applicable to each package, oralternatively, to individual Contracts within the package. Discounts shall be submitted in accordance with ITB 14.4 provided thebidsfor all lots (contracts) are opened at the same time. 14.7      The terms EXW, CIP, and other similar terms shall be governedby the rules prescribed in the current edition of Incoterms, published by The International Chamber of Commerce, as specified in the BDS. 14.8      Prices shall be quoted as specified in each Price Scheduleincluded in Section IV, Bidding Forms. The dis-aggregation of pricecomponents is required solely for the purpose of facilitatingthe comparison of bids by the Purchaser.  This shall not in any waylimit the Purchaser's right to contract on any of the terms offered. In quoting prices, the Bidder shall be free to usetransportation through carriers registered in any eligible country, in accordance with Section V, Eligible Countries. Similarly,the Bidder may obtain insurance services from any eligible country in accordance with Section V, Eligible Countries.  Prices shall be entered in the followingmanner: (a)          For Goods manufactured in the Purchaser's Country: (i)       the price ofthe Goods quoted EXW (ex-works, ex-factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customsduties and sales and other taxesalready paid or payable on the components and raw material used in the manufacture or assembly ofthe Goods; (ii)      any Purchaser's Country salestax and other taxes which will be payable on the Goods if the contract is awarded to the Bidder; and (iii)     the price for inland transportation, insurance, and other local services required to convey the Goods to their finaldestination (Project Site) specified in the BDS. (b)               For Goods manufactured outside the Purchaser's Country, to beimported: (i)           the price of the Goods, quoted CIP namedplace of destination, in the Purchaser's Country, as specified in the BDS; (ii)         the price for inland transportation, insurance, andother local services required to convey the Goods fromthe named place of destination to their finaldestination (Project Site) specified in theBDS; (c)                For Goods manufactured outside the Purchaser's Country, already imported: (i)           the price of the Goods, including the original import value of the Goods; plus any mark-up (or rebate); plusany other related local cost, and custom duties and other import taxes already paid or to be paid on the Goods alreadyimported. (ii)         the custom duties and other import taxes already paid (need to be supported with documentary evidence) or to be paid on theGoods already imported; (iii)      the priceof the Goods, obtained as the difference between (i)and (ii) above; (iv)       anyPurchaser's Country sales and other taxes which will be payable on the Goods if the contract is awarded to the Bidder; and (v)         the price for inland transportation, insurance, and other local services required to convey the Goods from the named placeofdestination to their final destination (Project Site) specified inthe BDS. (d)               for Related Services, other than inland transportationand other servicesrequired to convey the Goods to their final destination, whenever such Related Services are specified in the ScheduleofRequirements: (i)           the price ofeach item comprising the Related Services (inclusive of any applicable taxes). 15. Currencies of Bidand Payment 15.1      The currency(ies) of the bid and the currency(ies) of payments shall be as specified in the BDS.The Bidder shall quote in the currency of thePurchaser's Country the portion of the bid price that corresponds to expenditures incurred in the currency of the Purchaser'scountry, unless otherwise specified in the BDS. 15.2      The Bidder may express the bid price in any currency. If theBidder wishes to be paid in a combination of amounts in different currencies, it may quote its price accordingly but shall use nomore than three foreign currencies in addition to the currency of the Purchaser's Country. 16. Documents Establishing the Eligibility and Conformity of theGoods and Related Services 16.1     To establish the eligibilityof the Goods and Related Services in accordance with ITB 5, Bidders shallcomplete the country of origin declarations in the Price ScheduleForms, included in Section IV, BiddingForms. 16.2     To establish the conformity of the Goods and Related Services to the Bidding Documents, the Biddershallfurnish as part of its Bid the documentary evidence that the Goods conform to the technical specifications and standards specifiedinSection VII, Schedule of Requirements. 16.3     The documentary evidence maybe in the form of literature, drawings or data, and shall consist of adetailed item by item description of the essential technical and performance characteristics of the Goods and Related Services,demonstrating substantial responsiveness of the Goods and Related Services to the technical specification, and if applicable, astatement of deviations and exceptions to the provisions of the Section VII, Schedule ofRequirements. 16.4     The Bidder shall also furnish a list giving full particulars, including available sources and current prices ofspare parts, special tools, etc., necessary for the proper and continuing functioning of the Goods during the period specifiedin the BDS followingcommencement of the use of the goods by the Purchaser. 16.5     Standards for workmanship, process, material, and equipment, as well as references to brand names orcatalogue numbers specified by the Purchaser in the Schedule of Requirements, are intended to be descriptive only and notrestrictive. The Bidder may offer other standards of quality, brand names, and/or catalogue numbers, provided that it demonstrates,to the Purchaser's satisfaction, that the substitutions ensure substantial equivalence or aresuperior to those specified in theSection VII, Schedule of Requirements. 17. Documents Establishing the Eligibility and Qualificationsof  theBidder 17.1      To establish Bidder'stheir eligibility in accordance with ITB 4, Bidders shallcomplete the Letter of Bid, included in Section IV, Bidding Forms. 17.2      The documentary evidence of the Bidder's qualifications to perform the contract if its bid is acceptedshall establish to the Purchaser's satisfaction: (a)          that, if required inthe BDS, a Bidder thatdoes not manufacture or produce the Goods it offers to supply shall submit the Manufacturer's Authorization using the form includedin Section IV, Bidding Forms to demonstrate that it has been duly authorized by the manufacturer or producer of the Goods to supplythese Goods in the Purchaser's Country; (b)         that, if required in the BDS, in case of a Bidder not doing business within the Purchaser's Country, the Bidder is or will be (ifawarded the contract) represented by an Agent in the country equipped and able to carry out the Supplier's maintenance, repair andspare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications;and (c)          that the Bidder meets each of the qualification criterion specified in Section III,Evaluation and Qualification Criteria. 18. Period of Validity ofBids 18.1.    Bids shall remain valid for the period specified in theBDS after the bid submission deadline dateprescribed by the Purchaser in accordance with ITB 22.1. A bid valid for a shorter period shall be rejected by the Purchaser asnonresponsive. 18.2.    In exceptional circumstances, prior to the expiration of the bid validity period,the Purchaser may request bidders to extend the period of validity of their bids. The request and the responses shall be made inwriting. If a Bid Security is requested in accordance with ITB Clause 19, it shall also be extended for a corresponding period. ABidder may refuse the request without forfeiting its Bid Security. A Bidder granting the request shall not be required or permittedto modify its bid, except as provided in ITB 18.3. 18.3.    If the award is delayed by a period exceeding fifty-six (56) days beyond the expiry of the initial bid validity, theContract price shall be determined as follows: (a)       In the case of fixed pricecontracts, the Contract price shall be the bid price adjusted by the factor specified in theBDS. (b)      In the case of adjustable pricecontracts, no adjustment shall be made. (c)       In any case, bid evaluation shallbe based on the bid price without taking into consideration the applicable correction from those indicatedabove. 19. BidSecurity 19.1.    The Bidder shall furnish as part of its bid, either a Bid-Securing Declaration or abid security, as specified in the BDS,in original form and, in the case of a bid security. In the amount and currency specifiedin the BDS. 19.2.    A Bid Securing Declaration shall use the form included in Section IV, BiddingForms. 19.3.    If a bid security is specified pursuant to ITB 19.1, the bidsecurity shall be a demand guarantee in any of the following forms at the Bidder's option : (a)          an unconditional guarantee issued by a bank or financialinstitution (such as an insurance, bonding or suretycompany);(b)        an irrevocable letter of credit;(c)          a cashier's or certified check; or(d)        another security specified in the BDS, from a reputable source from an eligible country.  If the unconditional guarantee is issued by a financial institution located outside thePurchaser's Country, the issuing financial institution shall have a correspondent financial institution located in the Purchaser'sCountry to make it enforceable.  In the case ofa bank guarantee, the bid security shall be submitted either using the Bid Security Form included in Section IV, Bidding Forms, orin another substantially similar format approved by the Purchaser prior to bid submission. The bid security shall be valid fortwenty-eight (28) days beyond the original validity period of the bid, or beyond any period ofextension if requested under ITB18.2. 19.4.    If a Bid Security is specified pursuant to ITB 19.1, any bid not accompanied by asubstantially responsive Bid Security shall be rejectedby the Purchaser as non-responsive. 19.5.    If a Bid Security is specified pursuant to ITB 19.1, the Bid Security ofunsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder's signing the contract and furnishing thePerformance Security pursuant to ITB 42. 19.6.    The Bid Security of the successful Bidder shall be returned as promptly as possibleonce the successful Bidder has signed the contract and furnished the required performancesecurity. 19.7.    The Bid Security may be forfeited or the Bid Securing Declarationexecuted: (a)          if a Bidder withdraws its bid during the period ofbid validity specified by the Bidder on the Letter of Bid, or any extension thereto  provided by the Bidder ; or(b)        ifthe successful Bidder fails to: (i)             sign the Contract in accordance withITB41; or (ii)          furnish aperformance security in accordance with ITB 42. 19.8.    The bid security or Bid- Securing Declaration of a JV must be in the name of the JVthat submits the bid. If the JV has not been legally constituted into a legally enforceable JV at the time of bidding, the bidsecurity or Bid-Securing Declaration shall be in the names of all future members as named in the letter of intent referred to inITB 4.1and ITB 11.2. 19.9.    If a bid security is not required in theBDS, pursuant to ITB 19.1, and (a)         if aBidder withdraws its bid during the period of bid validity specified by the Bidder on the Letter of Bid,or (b)         if the successful Bidder fails to: sign the Contract in accordance with ITB 41;or furnish a performance security in accordance with ITB 42; the Borrower may, if provided for in theBDS, declare the Bidder ineligible  to be awarded a contract by the Purchaser for a period of time asstated in the BDS. 20. Format and Signing ofBid 20.1      The Bidder shall prepare one original of the documents comprising the bid asdescribed in ITB 11 and clearly mark it "Original."Alternative bids, if permitted in accordance with ITB 13, shall be clearly marked "Alternative." In addition, theBidder shall submit copies of the bid, in the number specified in the BDS and clearly mark them"Copy."  In the event of any discrepancybetween the original and the copies, the original shall prevail. 20.2      The original and all copies of the bid shall be typed or written in indelibleink and shall be signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the bid. The name and positionheld by each person signing the authorization must be typed or printed below thesignature. All pages of the bid where entries or amendments have beenmade shall be signed or initialed by the person signing the bid. 20.3      In case the Bidder is a JV, the Bid shall be signed by an authorized representative of the JV on behalf ofthe JV, and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legallyauthorizedrepresentatives. 20.4      Any inter-lineation, erasures, or overwriting shallbe validonly if they are signed or initialed by the person signing the bid. D. Submission andOpening ofBids 21. Sealing and Marking ofBids 21.1.    The Bidder shall enclose the original and all copies of the bid, including alternative bids, if permitted in accordance withITB 13, in separate sealed envelopes, duly marking the envelopes as "Original", "Alternative" and "Copy." These envelopes containing the original and the copiesshall then be enclosed in one single envelope. 21.2.    The inner and outer envelopes shall: (a)          bear the name and address of the Bidder;(b)         be addressed to the Purchaser in accordance with ITB 24.1;(c)          bear the specific identification of this bidding process indicated in ITB 1.1; and(d)         bear a warning not to open before the time and date for bid opening. 21.3.    If all envelopes are not sealed and marked as required, the Purchaser will assume noresponsibility for the misplacement or premature opening of the bid. 22. Deadline for Submission of Bids 22.1.    Bids must be received by the Purchaser at the address and no later than the date and timespecified in the BDS. When so specified in the BDS, bidders shall have the option of submitting theirbids electronically. Bidders submitting bids electronically shall follow the electronic bid submission procedures specified in theBDS. 22.2.    The Purchaser may, at its discretion, extend the deadline for the submission of bidsby amending the Bidding Documents in accordance withITB 8, in which case all rights and obligations of the Purchaser and Bidderspreviously subject to the deadline shall thereafter be subjectto the deadline asextended. 23. LateBids 23.1.    The Purchaser shall not consider any bid that arrives after the deadline forsubmission of bids, in accordance with ITB 22.  Any bid received bythe Purchaser after the deadline for submission of bids shall be declared late, rejected, and returned unopened to theBidder. 24. Withdrawal, Substitution, andModification ofBids 24.1.    A Bidder may withdraw, substitute, or modify its Bid after it has been submitted bysending a written notice, duly signed by an authorizedrepresentative, and shall include a copy of the authorization (the power ofattorney) in accordance with ITB 20.2, (except that withdrawal notices do not require copies ). The corresponding substitution ormodification of the bid must accompany the respective written notice. Allnotices must be: (a)         prepared andsubmitted in accordance with ITB 20 and 21 (except that withdrawal notices do not require copies),and in addition, the respective envelopes shall be clearly marked "Withdrawal," "Substitution," or "Modification;" and (b)         received by the Purchaser prior to the deadline prescribed for submission of bids,in accordance with ITB22. 24.2.    Bids requested to be withdrawn in accordance with ITB 24.1 shall be returnedunopened to the Bidders. 24.3.    No bid may be withdrawn, substituted, or modified in the interval between thedeadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Letter of Bid orany extension thereof. 25. BidOpening 25.1.    Except as in the cases specified in ITB 23 and 24, the Purchaser shall publicly openand read out in accordance with ITB 25.3 all bids received by the deadline  at the date,  time and place specified in the BDS in the presence of Bidders' designated representatives and anyone who choose toattend. Any specific electronic bid opening procedures required if electronic bidding is permitted in accordance with ITB22.1,shall be as specified in the BDS. 25.2.    First, envelopes marked "Withdrawal" shall be opened and read out and the envelope with the corresponding bid shallnot be opened, but returned to the Bidder. If the withdrawal envelope does not contain a copy of the "power of attorney" confirmingthe signature as a person duly authorized to sign on behalf of the Bidder, the corresponding bid will be opened. No bid withdrawalshall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is readout at bid opening. Next, envelopes marked "Substitution" shall be opened and read out and exchanged withthe corresponding Bid beingsubstituted, and the substituted Bid shall not be opened, but returned to the Bidder. No Bid substitution shallbe permitted unlessthe corresponding substitution notice contains a valid authorization to request the substitution and is read out at bidopening.Envelopes marked "Modification" shall beopened and read out with the corresponding Bid. No Bid modification shallbe permitted unless the corresponding modification noticecontains a valid authorization to request the modification and is read out at Bidopening. Only bids that are opened and read out atBid opening shall be considered further. 25.3.    All other envelopes shall be opened one at a time, reading out: thename of theBidder and whether there is a modification; the total BidPrices, per lot (contract) if applicable, including any discountsandalternative bids; the presence or absence of a Bid Security, if required; and any other details as the Purchaser may considerappropriate. Only discounts and alternative bids read out at Bid opening shall be considered for evaluation. The Letter of Bid andthe Price Schedules are to be initialed by representatives of the Purchaser attending bid opening in the manner specified inthe BDS. The Purchasershall neither discuss the merits of any bidnor reject any bid (except for late bids, in accordance with ITB25.1). 25.4.    The Purchaser shall prepare a record of the bid opening that shall include, as aminimum: the name of the Bidder and whether there is a withdrawal, substitution, or modification; the Bid Price, per lot (contract)if applicable, including any discounts, and alternative bids; and the presence or absence of a Bid Security, if one was required.The Bidders' representatives who are present shall be requested to sign the record. The omission of a Bidder's signature on therecord shall notinvalidate the contents and effect of the record. A copy of the record shall be distributed to allBidders. E. Evaluation andComparison ofBids 26. Confidentiality 26.1      Information relating to the evaluation of bids and  recommendation of contract award, shall not be disclosed to bidders orany other persons not officially concerned with the bidding process until information on Contract Award is communication to allBidders in accordance with ITB 40. 26.2      Any effort by a Bidder to influence the Purchaser in theevaluation or contract award decisions may result in the rejection of its Bid. 26.3      Notwithstanding ITB 26.2, from the time of bid opening tothetime of Contract Award, if any Bidder wishes to contact the Purchaser on any matter related to the bidding process, it should do soin writing. 27. Clarification ofBids 27.1      To assist in the examination, evaluation, comparison of thebids, and qualification of the Bidders, the Purchaser may, at its discretion, ask any Bidder for a clarification of its Bid. Anyclarification submitted by a Bidder in respect to its Bid and that is not in response to a request by the Purchaser shall not beconsidered. The Purchaser's request for clarification and the response shall be in writing. No change, including any voluntaryincrease or decrease, in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm thecorrection of arithmetic errors discovered by the Purchaser in the Evaluation of the bids, in accordance with ITB31. 27.2      If a Bidder does not provide clarifications of its bid by thedate and time set in the Purchaser's request for clarification, its bid may berejected. 28. Deviations, Reservations, andOmissions 28.1      During the evaluation of bids, the following definitions apply: (a)     "Deviation" is a departure from the requirements specified in the Bidding Documents; (b)     "Reservation" is the setting of limiting conditions or withholding from complete acceptance of the requirements specified inthe Bidding Documents; and (c)     "Omission" is the failure to submit part or all of the information or documentation required in the BiddingDocuments 29. Determination of Responsiveness 29.1      The Purchaser's determination of a bid's responsiveness is tobe based on the contents of the bid itself, as defined in ITB 11. 29.2      A substantially responsive Bid is one that meets therequirements of the Bidding Documents without material deviation, reservation, or omission. A material deviation, reservation, oromission is one that: (a)          if accepted, would (i)   affect in any substantial way the scope, quality, orperformance of the Goods and Related Services specified in the Contract; or(ii) limit in any substantial way, inconsistent with theBidding Documents, the Purchaser's rights or the Bidder's obligations under the Contract; or(b)         if rectified, would unfairly affect the competitive position of other bidders presenting substantially responsivebids. 29.3      The Purchaser shall examine the technical aspects of the bid  submitted in accordance with ITB 16 and ITB 17, in particular, to confirm that allrequirements of Section VII, Schedule of Requirementshave been met without any material deviation or reservation, or omission. 29.4       If a bid is not substantiallyresponsive to the requirements of Bidding Documents,it shall be rejected by the Purchaser and may not subsequently be maderesponsive by correction of the material deviation, reservation, or omission. 30. Nonconformi­ties,Errors and Omissions 30.1      Provided that a Bid is substantially responsive, thePurchaser may waive any nonconformities in the Bid. 30.2      Provided that a bid is substantially responsive, thePurchaser may request that the Bidder submit the necessary information ordocumentation, within a reasonable period of time, torectify nonmaterial nonconformities or omissions in the bid related to documentation requirements.  Such omission shall not be related to any aspect of the priceof the Bid. Failure of the Bidder to comply with the request may resultin the rejection of its Bid. 30.3      Provided that a bid is substantially responsive, the Purchaser shall rectify quantifiable nonmaterialnonconformities related to the Bid Price.  Tothis effect, the Bid Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or non-conformingitem or component. 31. Correction of ArithmeticalErrors 31.1          Provided that the Bid is substantially responsive, the Purchaser shall correct arithmeticalerrors on the following basis: (a)          if there is a discrepancy between the unit price and the line item total that is obtained by multiplying the unit priceby the quantity, the unit price shall prevail and the line item total shallbe corrected, unless in the opinion of the Purchaserthere is an obvious misplacement of the decimal point in the unit price, in which casethe line item total as quoted shall governand the unit price shall be corrected;(b)         if there is an error in a total corresponding to the additionor subtraction of subtotals, the subtotals shall prevail andthe total shall be corrected; and(c)          if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed inwords is related to an arithmetic error, in which case the amount in figuresshall prevail subject to (a) and (b)above. 31.2      Bidders shall be requested to accept correction of arithmetical errors. Failure to accept the correction inaccordance with ITB 31.1, shall result in the rejection of the Bid. 32. Conversion to SingleCurrency 32.1      For evaluation and comparison purposes, the currency(ies) of the Bid shall be converted in asingle currency as specified in the BDS. 33. Margin of  Preference 33.1      Unless otherwise specified inthe BDS,a margin of preference shall not apply. 34. Evaluation ofBids 34.1      The Purchaser shall use the criteria and methodologies listedin this Clause. No other evaluation criteria or methodologies shall be permitted. 34.2      To evaluate a Bid, the Purchaser shall consider thefollowing: (a)          evaluation will be done for Items or Lots (contracts), as specified inthe BDS; and  theBid Price as quoted in accordance with clause 14;(b)        price adjustment for correction of arithmetic errors in accordance with ITB 31.1;(c)          price adjustment due to discounts offered in accordance with ITB 14.3;(d)         converting the amount resulting from applying (a) to (c) above,if relevant, to a single currency in accordance with ITB32;(e)          price adjustment due to quantifiable nonmaterial nonconformities in accordance with ITB30.3;(f)          the additional evaluation factors are specified in Section III, Evaluation and QualificationCriteria; 34.3      The estimated effectof the price adjustment provisions of the Conditions of Contract, applied over theperiod of execution of the Contract, shall not be taken into account in bid evaluation. 34.4      If these Bidding Documents allows Bidders to quote separate prices for different lots (contracts), the methodology to determine thelowest evaluated price of the lot (contract) combinations, including any discounts offered in the Letter of Bid Form, is specifiedin Section III, Evaluation and Qualification Criteria 34.5      The Purchaser's evaluation of a bid will exclude and nottakeinto account: (a)          in the case of Goods manufactured in the Purchaser's Country, sales and other similar taxes, which will be payable onthe goodsif a contract is awarded to the Bidder;(b)         in the case of Goods manufactured outside the Purchaser's Country, already imported or to be imported, customs duties andother import taxes levied on the imported Good, sales and other similar taxes, which will be payable on the Goods if the contract is awarded to the Bidder;(c)          any allowance for price adjustment during the period of execution of the contract, if provided in thebid. 34.6      The Purchaser's evaluation of a bid may require theconsideration of other factors, in addition to the Bid Price quoted in accordance with ITB 14. These factors may be related to thecharacteristics, performance, and terms and conditions of purchase of the Goods and Related Services. The effect of the factorsselected, if any, shall be expressed in monetary terms to facilitate comparison of bids, unless otherwise specified in the BDS from amongst those set out in Section III,Evaluation and Qualification Criteria.  Thecriteria and methodologies to be used shall be as specified in ITB 34.2 (f). 35. Comparison ofBids 35.1      The Purchaser shall compare the evaluated prices of allsubstantially responsive bids established in accordance with ITB 34.2 to determine the lowest evaluated bid. The comparison shallbe on the basis of CIP (place of final destination) prices for imported goods and EXW prices, plus cost of inland transportationand insurance to place of destination, for goods manufactured within the Borrower's country, together with prices for any requiredinstallation, training, commissioning and other services. The evaluation of prices shall not take into account custom duties andother taxes levied on imported goods quoted CIP and  sales andsimilar taxes levied in connection with the sale or delivery of goods. 36. Qualification of theBidder 36.1      The Purchaser shall determine to its satisfaction whether theBidder that is selected as having submitted the lowest evaluated and substantially responsive bid meets the qualifying criteriaspecified in Section III, Evaluation and Qualification Criteria. 36.2      The determination shall be based upon an examination ofthedocumentary evidence of the Bidder's qualifications submitted by the Bidder, pursuant to ITB17. 36.3      An affirmative determination shall be a prerequisite foraward of the Contract to the Bidder.  A negative determinationshall result in disqualification of the bid, in which event the Purchaser shall proceed to the next lowest evaluated bid to make asimilar determination of that Bidder's qualifications to perform satisfactorily. 37. Purchaser's Right to AcceptAny Bid, and to Reject Any or AllBids 37.1      The Purchaser reserves the right to accept or reject anybid, and to annul thebidding process and reject all bids at any timeprior to contract award, without thereby incurring any liability to Bidders.In case of annulment, all bids submitted and specifically, bid securities, shall be promptly returned tothe Bidders. F. Award ofContract 38. AwardCriteria 38.1      Subject to ITB 37.1, the Purchaser shall award the Contractto the Bidder whose bid  has been determined to be the lowestevaluated bid and is substantially responsive to the Bidding Documents, providedfurther that the Bidder is determined to bequalified to perform the Contract satisfactorily. 39. Purchaser's Right to Vary Quantities at Time ofAward 39.1      At the time the Contract is awarded, the Purchaser reservesthe right to increase or decrease the quantity of Goods and Related Services originally specified in Section VII, Schedule ofRequirements, provided this does not exceed the percentages specified in the BDS, and without any changein the unit pricesor other terms and conditions of the bid and the BiddingDocuments. 40. Notification ofAward 40.1      Prior to the expiration of the period of bid validity, the Purchaser shall notify thesuccessful Bidder, in writing, thatits Bid has been accepted. The notification letter (hereinafter andin the Conditions of Contract and Contract Forms called the "Letter of Acceptance") shall specify the sum that thePurchaser willpay the Supplier in consideration of the supply of Goods (hereinafter and in the Conditions of Contract and Contract Forms called"the Contract Price").  At the same time, thePurchaser shall also notify all other Bidders of the results of the bidding and shall publish in UNDBonline the results identifying the bid and lot (contract) numbersand the following information: (i)    name of each Bidder who submitted a Bid; (ii)   bid prices as read out at Bid Opening; (iii)  name and evaluated prices of each Bid that was evaluated; (iv)  name of bidders whose bids were rejected and the reasons fortheir rejection; and (v)   name of the successful Bidder, and the Price it offered, as well as the duration and summaryscope of the contract awarded. 40.2      Until a formal Contract is prepared and executed, the notification of award shall constitute abinding Contract. 40.3      The Purchaser shall promptly respond in writing to any unsuccessful Bidder who, afternotification of award in accordancewith ITB 40.1, requests in writing the grounds on which its bid was not selected. 41. Signing ofContract 41.1      Promptly after notification, the Purchaser shall send thesuccessful Bidder the Contract Agreement. 41.2      Within twenty-eight (28) days of receipt of theContractAgreement, the successful Bidder shall sign, date, and return it to the Purchaser. 41.3      Notwithstanding ITB 41.2 above, in case signing of the Contract Agreement is prevented by any exportrestrictions attributable to the Purchaser, to the country of the Purchaser, or to the use of the products/goods, systems orservices to be supplied, where such export restrictions arise from trade regulations from a country supplying those products/goods,systems or services, the Bidder shall not be bound by its bid, always provided however, that the Bidder can demonstrate to thesatisfaction of the Purchaser and of the Bank that signing of the Contact Agreement has not been prevented by any lack of diligenceon the part of the Bidder in completing any formalities, including applying for permits, authorizationsand licenses necessary forthe export of the products/goods, systems or services under the terms of the Contract. 42. PerformanceSecurity 42.1      Within twenty eight (28) days of the receipt of notification of award fromthe Purchaser, the successful Bidder, if required, shall furnish the Performance Security in accordance with the GCC, subject toITB 34.5, using for that purpose the Performance Security Formincluded in Section X, Contract Forms, or another Form acceptable tothe Purchaser. If the Performance Security furnished by the successful Bidder is in the form of a bond,it shall be issued by a bonding or insurance company that has been determined by the successful Bidder to be acceptable to thePurchaser. A foreign institution providing a bond shall have a correspondent financial institution located in the Purchaser's Country. 42.2      Failure of the successful Bidder to submit theabove-mentioned Performance Security or sign the Contract shall constitute sufficient grounds for the annulment of the award andforfeiture of the Bid Security. In that event the Purchaser may award the Contract to the next lowest evaluated Bidder, whose bidis substantially responsive and is determined by the Purchaser to be qualified to perform the Contract satisfactorily. Section II.  Bid DataSheet (BDS) The following specific data for the goods to be procured shall complement, supplement, or amend the provisions in theInstructions to Bidders (ITB).  Whenever there is a conflict, theprovisions herein shall prevail over those in ITB. [Instructions for completing the Bid Data Sheet are provided, as needed, inthe notes in italics mentioned for the relevantITB Clauses.] ITB ClauseReference A.General ITB1.1 The referencenumber of the Invitation for Bids is : IFB Ref No: MAIL/ARTF/NHLP/ICB ? 4400/G.532 ITB1.1 The Purchaseris: Islamic Republic of Afghanistan ITB1.1 The name of theICB is: Procurement of  (Goods)  200 Mini Tractor with a capacityof 15 HP for Horticulture Component of NHLP-MAIL The identificationnumber of the ICB is: IFB Ref No: MAIL/ARTF/NHLP/ICB ? 4400/G.508/G.532/the number andidentification of lots (contracts) comprising this ICB is: Procurement of  (Goods)  200 Mini Tractor with a capacityof 15 HP for Horticulture Component of NHLP-MAIL ITB2.1 The Borroweris: Ministry ofAgriculture, Irrigation and Livestock(MAIL) ITB2.1 Grant  Financing Agreement amount: USD 114 million ITB2.1 The name of theProject is: National Horticulture and Livestock Project (NHLP) ITB4.1 Maximum number of members  in the JV shall be:Two IITB4.4 A list of debarred firms and individuals is available on the Bank's external website:http://www.worldbank.org/debarr. B.Contents of Bidding Documents ITB7.1 ForClarification of bid purposes only, thePurchaser's address is: Attention: Project Director ofNHLP Or Mr. Sankaravadivelu International Procurement Advisor for technical related question kindly address toMr. RAO, Horticulture Advisor National Horticulture and Livestock Project Ministry of Agriculture, Irrigationand Livestock. JamalMina Kabul,Afghanistan. Telephone: +93 (0) 202 511 903 or+93 (0) 202 511 905 E-mail : sankarak1950@gmail.com , ahmadi.nooragha@gmail.com or nhlp.procurement@gmail.com  ramaraorv@yahoo.co.in ITB 7.1 Web page: www.dgmarket.com and www.mail.gov.af C.Preparation of Bids ITB10.1 The language ofthe bid is: English All correspondence exchange shall be in English language. ITB 11.1(j) The Bidder shallsubmit the following additional documents in its bid: Nil ITB13.1 Alternative Bids shall not be considered. ITB14.5 The prices quoted bythe Bidder shall not be subject toadjustment during the performance of the Contract. ITB14.6 Prices quoted foreach lot (contract) shall correspond at least to 100% percent of the items specified for each lot(contract). ITB14.7 The Incotermsedition is: CIP 2010. ITB 14.8 (b) (i) and (c) (v) Place of Destination: CIP to Center Region, East Region, West Region, South Region and North and East RegionsAccording to following list: Sr. No Region Wise Delivery of MiniTractors Quantity 1 Center Region (Par wan Warehouse) 80 2 East Region 20 3 West Region 20 4 South Region 10 5 North and North East Regions 70 ITB 14.8 (a) (iii);(b)(ii) and(c)(v) "Final destination (Project Site)": CIP to be delivered according to the above list Clearance and custom paymentwill be purchaser responsibility ITB 15.1 The prices shall bequoted by the bidder in: Afghani or equivalent The Bidder is not required to quote in the currency of the Purchaser's Country the portion of the bid price thatcorresponds to expenditures incurred in that currency. ITB16.4 Period of time theTractor are expected to be functioning (for the purpose of spare parts): should be at least five years. ITB 17.2(a) Manufacturer'sauthorizationis: Required ITB 17.2(b) After sales serviceis: Required ITB18.1 The bid validity period shall be 120 days. ITB 18.3 (a) The bid price shallbe adjusted by the following factor(s): Not Applicable ITB19.1 Bid shall include a Bid Security (issued by bank or surety) included in Section IV BiddingForms. The amount of the Bid Security shall be: USD - 45,500. It shall remain valid for a period of 28 days beyond the validity period of Bids (148 days from bid submissiondeadline date or extendedbid submission deadline date), as extended, ifapplicable. ITB 19.3 (d) Other types of acceptable securities: Other acceptablesecurities/Not Applicable ITB19.9 If the Bidderincurs anyof the actions prescribed in subparagraphs (a) or (b) of this provision, the Borrower will declare the Bidder ineligibleto be awarded contracts by the Purchaser for a period of ______ years/Not Applicable ITB 20.1 In addition to theoriginal of the bid, the number of copies is: Two ITB 20.2 The writtenconfirmation of authorization to sign on behalf of the Bidder shall consist of: The authorized person of the company sign in all therequired document. D. Submission and Opening of Bids ITB 22.1 For bid submission purposesonly, the Purchaser's address is: Attention: Project Director of NHLP Or Mr. Nooragha Ahmadi Procurement Unit National Horticulture and Livestock Project (NHLP) Ministry  of Agriculture, Irrigation andLivestock Jamal Mina, Kabul Afghanistan Pre Bid Meeting: Will be held on May 20, 2016 at 10:00 AM Kabul LocalTime The deadline for the submission of bids is: June 15, 2016 at 02:00 PM Kabul Local Time In case the specified date of bidopening will be declared a holidayfor the purchaser, the bids shall be submitted at the specified time on the next workingday. Bidders shall not have the option ofsubmitting their bids electronically. ITB 25.1 The bid opening shall take place at: Street Address:   Ministry of Agriculture, Irrigation and Livestock JamalMina, Karti Sakhi, Kabul University Road, Kabul ,Afghanistan Floor/ Room number:   Ever Green Building (HameshaBahar) Third Floor NHLPMeeting Hall City:  Kabul Country:   Afghanistan Date: June 15,2016 Time: 02:00 PM, Kabul Local Time ITB 25.3 The Letter of Bidand Price Schedules shall be initialed by  2representatives of the Purchaser conducting Bid opening. E. Evaluation and Comparison ofBids ITB 32.1 The currency thatshall be used for bid evaluation and comparison purposes to convert all bid prices expressed in various currencies into a singlecurrency is: Local Currency Afghani. The source ofexchange rate shall be: Da-Afghanistan Bank The date for the exchange rate shall be:  June 15, 2016 ITB 33.1 A margin of domesticpreference shall apply. If a margin of preference applies, the application methodology shall be defined in Section III ? Evaluationand Qualification Criteria. ITB34.2(a) Evaluation will be done for entire quantity of eachitem and for 100% of the number of items to betreated as responsive and considered for further evaluation. Partial bids will be rejected. ITB34.6 The adjustments shall bedetermined using the following criteria, from amongst those set out in Section III, Evaluation and Qualification Criteria: (a)              Deviation inDelivery schedule: (Earliest Delivery Date  = 12 Weeks, Latest Delivery Date = 16 WeeksandBidders quotes delivery period more than 16 weeks will be treatedas non-responsive bid.) (b)               Deviation in payment schedule: No (c)                the cost of major replacement components, mandatory spare parts, andservice: No (d)               the availability in the Purchaser's Country of spare parts and after-salesservices for the equipment offered in the bid No (e)               the projected operating and maintenancecosts during the life of the equipment No (f)                the performance and productivity of the equipment offered; 12 months warranty after successful delivery to the final destination. The warranty includesreplacement of spare parts and equipment as a whole (if found not repairable). The supplier has to make available required spareparts for minimum 5 years through their authorized service center in Afghanistan. (g)               Manufacture Authorization is:Required F. Award of Contract ITB39.1 The maximumpercentage by which quantities may be increased is: 15% The maximum percentage by which quantities may be decreased is:15% Section III.  Evaluation and QualificationCriteria Contents 1. Margin of Preference (ITB 33) 36 2. Evaluation (ITB 34) 37 3. Qualification (ITB 36) 39 1.Margin of Preference (ITB 33) If the Bidding Data Sheet so specifies, the Purchaserwill grant a margin of preference to goods manufactured in the Purchaser's country for the purpose of bid comparison, in accordancewith the procedures outlined in subsequent paragraphs. Bids will be classified in one of three groups, asfollows: (a)    Group A: Bids offering goods manufactured in the Purchaser's Country, for which (i) labor, raw materials, and components fromwithinthe Purchaser's Country account for more than thirty (30) percent of the EXW price; and (ii) the production facility in whichthey will be manufactured or assembled has been engaged in manufacturing or assembling such goods at least since the date of bidsubmission. (b)     Group B: All other bids offering Goods manufactured in the Purchaser'sCountry. (c)     Group C: Bids offering Goods manufactured outside the Purchaser'sCountry that have been already imported or that will be imported. To facilitate thisclassification by the Purchaser, the Bidder shall complete whichever version ofthe Price Schedule furnished in the BiddingDocuments is appropriate provided, however, that the completion of an incorrect version of the Price Schedule by the Bidder shallnot result in rejection of its bid,but merely in the Purchaser's reclassification of the bid into its appropriate bidgroup. The Purchaser will first review the bids to confirm the appropriateness of, and to modify as necessary, the bid groupclassification to which bidders assigned their bids in preparing their Bid Forms and Price Schedules. All evaluated bids in each group will then be compared to determine the lowest evaluated bid of eachgroup.  Such lowest evaluated bids shall be compared with eachother and if as a result of this comparison a bid from Group A or Group B is the lowest, it shall be selected for theaward. If as a result of the preceding comparison, the lowest evaluated bid is a bid from Group C, all bids from Group C shallbe further comparedwith the lowest evaluated bid from Group A after adding to the evaluated price of goods offered in each bid fromGroup C, for the purpose of this further comparison only, an amount equal to 15% (fifteen percent) of the respective CIP bid pricefor goods to be imported and already imported goods. Both prices shall include unconditional discounts and be corrected forarithmetical errors. If the bid from Group A is thelowest, it shall be selected for award. If not, the lowest evaluated bid fromGroup C shall be selected as paragraph above." 2. Evaluation (ITB34) 2.1. Evaluation Criteria (ITB34.6) The Purchaser's evaluation of abid may take into account, in addition to the Bid Price quoted in accordance with ITB Clause 14.8, one or more of the followingfactors as specified in ITB 34.2(f) and in BDS referring toITB 34.6, using the following criteria and methodologies. (a)     Delivery schedule. (as per Incoterms specified in theBDS) The Goods specified in the List of Goods are required to be delivered within the acceptable time range (afterthe earliest and beforethe final date, both dates inclusive) specified in Section VII, Schedule of Requirements.  No credit will be given to deliveries before the earliest date, andbids offering delivery after the final date shall be treated as nonresponsive.  Within this acceptable period, an adjustment, as specified in BDS 34.6, will be added, for evaluation purposes only, tothe bid price of bids offering deliveries later than the "Earliest Delivery Date" specified in Section VII, Schedule ofRequirements. (b)    Deviation inpayment schedule. [insert one of thefollowing] (i)      Bidders shall state their bid price for the payment schedule outlined in the SCC. Bids shall be evaluated on the basis ofthis base price.  Bidders are, however, permitted to state analternative payment schedule and indicate the reductionin bid price they wish to offer for such alternative payment schedule. ThePurchaser may consider the alternative payment schedule and the reduced bid price offered by the Bidder selected on the basis ofthe base price for the payment schedule outlined in the SCC. Not Applicable Or (ii)     The SCC stipulates thepayment schedule specified by the Purchaser. If a bid deviates from the schedule and if such deviation is considered acceptable tothe Purchaser, the bid will be evaluated by calculating interest earned for any earlier payments involved in the terms outlined inthe bid as compared with those stipulated in the SCC, at the rate per annum specified in BDS 34.6.Not Applicable (c)    Cost of major replacement components, mandatory spare parts, and service. [insertone of the following] (i)      The list of items and quantities of major assemblies, components, and selected spare parts, likely to be required during theinitial period of operation specified in the BDS 16.4, is inthe List of Goods. An adjustment equal to the total cost of these items, at the unit prices quoted in each bid, shall be added tothe bid price, for evaluation purposes only. NotApplicable or (ii)     ThePurchaser will draw up alist of high-usage and high-value items of components and spare parts, along with estimated quantities ofusage in the initial period of operation specified in the BDS 16.4. The total cost of these items and quantities will be computed from spare parts unit prices submitted by theBidder and addedto the bid price, for evaluation purposes only. NotApplicable (d)   Availability in the Purchaser's Country of spare parts and after sales services for equipment offered inthe bid. An adjustment equal to the cost to the Purchaser of establishing the minimum service facilities and partsinventories, as outlined in BDS 34.6, if quoted separately, shall be added to the bid price, for evaluation purposesonly. Not Applicable (e)    Projectedoperating and maintenance costs. Operating and maintenance costs. An adjustment to take into account the operatingand maintenance costs of the Goods will be added to the bid price, for evaluation purposes only, if specified in BDS 34.6. Theadjustment will be evaluated in accordance with the methodology specified in the BDS 34.6. NotApplicable (f)     Performance and productivity of the equipment.[Insert one of the following] (i)      Performance and productivity of the equipment. An adjustment representing thecapitalized cost of additional operating costs over the life of the plant will be added to the bid price, for evaluation purposesif specified in the BDS 34.6. Theadjustment will be evaluated based on the drop in the guaranteed performance or efficiency offered in the bid below the norm of100,using the methodology specified in BDS 34.6. Not Applicable Or (ii)     Anadjustment to take into account the productivity of the goods offered in the bid will be added to the bid price, for evaluation purposes only, if specified in BDS 34.6. The adjustment will be evaluated based on the cost per unit of the actual productivity of goods offered in the bidwith respect tominimum required values, using the methodologyspecified in BDS 34.6. Not Applicable (g)    Specific additional criteria Other specific additional criteria to be considered in the evaluation and the evaluation method shall bedetailed in BDS 34.6] 2.2. Multiple Contracts (ITB 34.4) Not Applicable The Purchaser shall award multiple contracts to the Bidder that offers the lowestevaluated combination of bids (one contract per bid) and meets the post-qualification criteria (thisSection III, Sub-Section ITB 36.1 Post-Qualification Requirements) The Purchaser shall: (a)    Evaluate only lots or contracts that include at least the percentages of items perlot and quantity peritem as specified in ITB 14.8 (b)     Take into account: (i)           the lowest-evaluated bid for each lot and (ii)     The price reduction per lot and the methodology for its application as offered by the Bidder in itsbid" 2.3. Alternative Bids (ITB 13.1) Not Applicable An alternative if permitted under ITB 13.1, willbe evaluated as follows: [Insert one of the following] "A bidder may submit an alternative bid only with a bid for the base case. ThePurchaser shall only consider the alternativebids offered by the Bidder whose bid for the base case was determined to be the lowest-evaluated bid." Or "A bidder may submit an alternativebid with or without a bid for the base case. The Purchaser shall consider bids offered for alternatives as specified in theTechnical Specifications of Section VII, Schedule of Requirements.  All bids received, for the base case, as well as alternative bids meeting the specified requirements, shall be evaluated ontheir own merits in accordance with the same procedures, as specified in the ITB 34." 3.Qualification(ITB 36) 3.1 Post qualification Requirements (ITB 36.1) After determining the lowest-evaluatedbid in accordance with ITB 35.1, the Purchaser shall carry out the post qualification of the Bidder in accordance with ITB 36,using only the requirements specified.  Requirements not includedin the text below shall not be used in the evaluation of the Bidder's qualifications. (a)    If Bidder is Manufacturer: (b)    Financial Capability The Biddershall furnish documentary evidence that it meets the following financial requirement(s): ·           Bidders shall include a letter from areputed bank indicating their financial status which will indicate their ability to perform the contract of the magnitudeequivalent to the quoted price. Alternatively, the bidder may attach bank statement for the last six months till two days beforethe deadline for submission of the bid which should have enough credit balance (equal to quoted price) to cover the quoted price.The Bank account should be in the name of the company and not in the name of the bidder's personal name. (c)     Experience and TechnicalCapacity The Bidder shall furnish documentary evidence to demonstrate that it meets the followingexperience requirement(s): ·         Bidders must provide evidence of having completed at least one verifiable contractof similar of equal or larger magnitude in supply of similar goods i.e.; mini tractors within the period of last fiveyears. ·         If the contractor to whom the verification has forwarded has to responsewithin 5days from the date of issue of email from NHLP. If no response received within 5 days, it will be concluded that thedocument regarding verification of contract submitted by the bidder is not genuine and the bid will not be considered for furtherevaluation. (d)   If Bidder is not manufacturer: If a Bidder is not a manufacturer, butis offering the Goods on behalf of the Manufacturer under Manufacturer's Authorization Form (Section IV, Bidding Forms), theManufacturer shall demonstrate the above qualifications (i), (ii), (iii) Section IV. BiddingForms Table of Forms Letter ofBid............................................................................................................................ 42 BidderInformationForm........................................................................................................45 Bidder'sJV Members Information Form................................................................................ 46 PriceSchedule: Goods Manufactured Outside the Purchaser's Country, to be Imported.....48 PriceSchedule: Goods Manufactured Outside the Purchaser's Country, already imported*49 PriceSchedule: Goods Manufactured in the Purchaser's Country......................................... 50 Price andCompletion Schedule - Related Services................................................................ 51 Form ofBid Security...............................................................................................................52 Form ofBid Security (Bid Bond)........................................................................................... 54 Form ofBid-Securing Declaration.......................................................................................... 56 Manufacturer's Authorization................................................................................................. 57 Letter of Bid TheBidder must prepare the Letter of Bid on stationery with its letterhead clearly showing the Bidder's complete name andaddress. Note:  All italicized text isfor use in preparing these form and shall be deleted from the final products. Date: [insert date (as day, month and year) of Bid Submission] ICB No.:[insert number of biddingprocess] Invitation forBid No.: [insert identification] Alternative No.: [insert identification No if this is a Bid for analternative] To: [insert complete name ofPurchaser] (a)      We haveexamined and have no reservations to the Bidding Documents, including Addenda issued in accordance with Instructions to Bidders(ITB 8)           ; (b)      We meet the eligibility requirements and have no conflict of interest in accordance withITB4; (c)      We have not been suspended nordeclared ineligible by the Purchaser  based on execution of a BidSecuring Declaration in the Purchaser's country in accordance with ITB 4.6 (d)     We offer to supply inconformity with the Bidding Documents and in accordance with the Delivery Schedules specified in the Schedule of Requirements thefollowing Goods: [insert abrief description of the Goods and Related Services]; (e)      The total priceof our Bid, excluding any discounts offered in item (f) below is: In case of only one lot, totalprice of theBid [insert the total price of the bid in words and figures, indicating thevarious amounts and the respective currencies]; In case of multiple lots, totalprice ofeach lot [insert the total price of each lot in words and figures, indicating thevarious amounts and the respective currencies]; In case of multiple lots, totalprice ofall lots (sum of all lots) [insert the total price of all lots in words andfigures, indicating thevarious amounts and the respective currencies]; (f)       Thediscounts offered and the methodology for their application are: (i)The discounts offered are: [Specify in detail each discountoffered.] (ii) Theexact method of calculations to determine the net price after application of discounts is shown below: [Specify in detail themethod that shall be used to apply the discounts]; (g)      Our bid shallbe valid for a period of [specify the number of calendar days]  days from the date fixed for the bid submission deadline in accordance with the BiddingDocuments, and it shall remain binding upon us and maybe accepted at any time before the expiration of thatperiod; (h)      If our bid isaccepted, we commit to obtain a performance security in accordance with the Bidding Documents; (i)        We are not participating, as a Bidder oras a subcontractor, in more than one bid in this bidding process in accordance with ITB 4.2(e), other than alternative bidssubmitted in accordance with ITB 13; (j)        We,along with any of our subcontractors, suppliers, consultants, manufacturers, or service providers for any part of the contract, arenotsubject to, and not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed bya member ofthe World Bank Group or a debarment imposed by the World Bank Group in accordance with the Agreement for MutualEnforcement of Debarment Decisions between the World Bank and other development banks. Further, we are not ineligible under theEmployer's country laws or official regulations or pursuant to a decision of the United Nations SecurityCouncil; (k)      We are not agovernment owned entity/ We are a government owned entity but meet the requirements of ITB 4.5;[1] (l)        Wehave paid, or will pay the following commissions, gratuities, or fees with respect to the bidding process or execution of theContract: [insert complete name of each Recipient, its full address,the reason for which each commission or gratuity  was paid and theamount and currency of each such commission or gratuity] Name ofRecipient Address Reason Amount (If none has been paid or isto be paid, indicate "none.") (m)   We understand that thisbid, together with your writtenacceptance thereof included in your notification of award, shall constitute a binding contract between us, until a formal contractis prepared and executed; and (n)      We understandthat you are not bound to accept the lowest evaluated bid or any other bid that you may receive. (o)      We herebycertify that we have taken steps to ensure that no person acting for usor on our behalf will engage in any type of fraud andcorruption Name of the Bidder*  [insert complete name of person signing the Bid] Name of the person duly authorized to signthe Bidon behalf of the Bidder** [insert complete name of person duly authorized tosign the Bid] Title of the person signing the Bid [insert complete title of the person signing the Bid] Signature of the person namedabove [insert signature of person whose name and capacity are shownabove] Date signed _[insert date of signing] day of [insert month], [insertyear] *: In the case of the Bid submitted by jointventure specify the name of the Joint Venture asBidder **: Person signing the Bid shall have the powerof attorney given by the Bidder to be attached with the BidSchedules. BidderInformation Form [The Biddershall fill in this Form in accordance with the instructions indicated below. No alterations to its format shall be permitted and nosubstitutions shall be accepted.] Date: [insert date (as day, month and year) of BidSubmission] ICB No.: [insert number of biddingprocess] Alternative No.: [insert identification No if this is a Bid for analternative] Page ________ of_ ______ pages 1.  Bidder's  Name  [insert Bidder's legalname] 2.  In case ofJV, legal name of each member : [insert legal name of each member in JV] 3.  Bidder's actualor intended country of registration: [insert actual or intended country ofregistration] 4.  Bidder's year of registration: [insert Bidder's year of registration] 5.  Bidder's  Address in country of registration: [insert Bidder's legal address in country ofregistration] 6. Bidder'sAuthorized Representative Information Name: [insertAuthorized Representative's name] Address: [insert Authorized Representative's Address] Telephone/Fax numbers:[insert Authorized Representative's telephone/fax numbers] Email Address: [insert Authorized Representative's emailaddress] 7.        Attached are copies of original documents of [check the box(es) of the attached original documents] ¨  Articles of Incorporation (or equivalent documents of constitution or association), and/or documentsof registrationof the legal entity namedabove, in accordance with ITB4.3. ¨    In case of JV, letter of intent toform JV or JV agreement, in accordance with ITB 4.1. ¨  In case of Government-owned enterprise or institution, in accordance with ITB 4.5 documentsestablishing: ·                 Legal andfinancial autonomy ·                 Operationunder commercial law ·                 Establishing that the Bidder is not dependent agency of thePurchaser 2. Included are the organizational chart, a list of Board of Directors, and the beneficialownership. Bidder's JVMembers Information Form [TheBidder shall fill in this Form in accordance with the instructions indicated below. Thefollowing table shall be filled in for the Bidder and for each member of a Joint Venture]]. Date: [insert date (as day, month and year) of BidSubmission] ICB No.: [insert number of biddingprocess] Alternative No.: [insert identification No if this is a Bid for analternative] Page ________ of_ ______ pages 1.   Bidder's Name: [insert Bidder's legal name] 2.   Bidder's JV Member's   name:[insert JV's Member  legal name] 3.   Bidder's JV Member's  country of registration: [insertJV's Member  country of registration] 4.   Bidder's JV Member's  year of registration: [insertJV's Member year of registration] 5.   Bidder's JV Member's legal address in country of registration:[insert JV's Member legal address in country ofregistration] 6.   Bidder's JV Member's  authorized representative information Name:[insert name of JV's Member  authorized representative] Address:[insert address of JV's Member  authorized representative] Telephone/Fax numbers: [inserttelephone/fax numbers of JV'sMember  authorizedrepresentative] EmailAddress: [insert email address of JV's Member  authorized representative] 7.     Attached are copies of original documents of [check the box(es) of the attached original documents] ¨  Articles of Incorporation (or equivalent documents of constitution or association),and/or registration documents of the legal entity named above, inaccordance with ITB 4.3. ¨    In case of a Government-owned enterprise or institution,documents establishing legal and financial autonomy, operation in accordance with commercial law, and absence of dependent status,inaccordance with ITB 4.5. 2. Included are the organizational chart, a list of Board of Directors, and the beneficialownership. Price ScheduleForms [The Bidder shall fill in these PriceSchedule Forms in accordance with the instructions indicated.  Thelist of line items in column 1 of the Price Schedules shall coincide with the List of Goods and Related Services specified by the Purchaser inthe Schedule ofRequirements.] Price Schedule:Goods Manufactured Outside the Purchaser's Country, to be Imported (Group C bids, goods to be imported) Currencies in accordance with ITB 15 Date:_________________________ ICBNo: _____________________ Alternative No: ________________ PageN° ______of______ 1 2 3 4 5 6 7 8 9 Line Item N° Description of Goods Country of Origin Delivery Date as defined by Incoterms Quantity and physical unit Unit price cip [insert place of destination] in accordance with ITB14.8(b)(i) CIP Price per line item (Col. 5x6) Price per line item for inland transportation and other services requiredin the Purchaser'scountry to convey the Goods to their final destination specified in BDS Total Price per Line item (Col. 7+8) [insert number of the item] [insert name of good] [insert country of origin of the Good] [insert quoted Delivery Date] [insert number of units to be supplied and name of the physical unit] [insert unit price CIP per unit] [insert total CIP price per line item] [insert the corresponding price per line item] [insert total price of the line item] 1 TotalPrice Nameof Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [InsertDate] Price Schedule:Goods Manufactured Outside the Purchaser's Country, already imported* (Group C bids, Goods already imported) Currencies in accordance with ITB 15 Date:_________________________ ICBNo: _____________________ Alternative No: ________________ PageN° ______of______ 1 2 3 4 5 6 7 8 9 10 11 12 Line Item N° Description of Goods Country of Origin Delivery Date as defined by Incoterms Quantity and physical unit Unit price including Custom Duties and Import Taxes paid, in accordancewith ITB 14.8(c)(i) Custom Duties and Import Taxes paid per unit in accordance with ITB14.8(c)(ii) , [to be supported by documents] Unit Price   net ofcustom  duties and import taxes, in accordance with ITB 148 (c)(iii) (Col. 6 minus Col.7) Price  per line item  net of  Custom Duties and Import Taxes paid, inaccordance with ITB 14.8(c)(i) (Col. 5´8) Price per line item for inland transportation and other services requiredin the Purchaser'scountry to convey the goods to their final destination, as specified in BDS in accordance with ITB 14.8(c)(v) Sales and other taxes paid or payable per item if Contract is awarded (inaccordance with ITB 14.8(c)(iv) Total Price per line item (Col. 9+10) [insert number of the  item] [insert name of Goods] [insert country of origin of the Good] [insert quoted Delivery Date] [insert number of units to be supplied and name of the physical unit] [insert unit price per unit] [insert custom duties and taxes paid per unit] [insert  unit price  net of custom   duties and importtaxes] [ insert  price per line item net of custom  duties and import taxes] [insert price per line item for inland transportation and other services required in thePurchaser's country] [insert  sales and other taxes payable per  item if Contract is awarded] [insert total price per line item] Total Bid Price Nameof Bidder  [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid]  Date[insert date] * [For previously imported Goods, the quoted price shall be distinguishablefrom the originalimport value of these Goods declared to customs and shall include anyrebate or mark-up of the local agent orrepresentative and all local costs except import duties and taxes, which have been and/or have to be paid by the Purchaser. Forclarity the bidders are asked to quote the price including import duties, and additionally to provide the import duties and theprice net of import duties which is the difference ofthose values.] Price Schedule:Goods Manufactured in the Purchaser's Country Purchaser's Country ______________________ (Group A and B bids) Currencies in accordance with ITB  15 Date:_________________________ ICBNo: _____________________ Alternative No: ________________ PageN° ______of______ 1 2 3 4 5 6 7 8 9 10 Line Item N° Description of Goods Delivery Date as defined by Incoterms Quantity and physical unit Unit price EXW Total EXW price per lineitem (Col. 4´5) Price per line item for inland transportation and other services requiredin the Purchaser'sCountry to convey the Goods to their final destination Cost of local labor, raw materials and components from with origin in thePurchaser's Country % of Col. 5 Sales and other taxes payable per line item if Contract is awarded (inaccordance with ITB 14.8(a)(ii) Total Price per line item (Col. 6+7) [insert number of the  item] [insert name of Good] [insert quoted Delivery Date] [insert number of units to be supplied and name of the physical unit] [insert EXW unit price] [insert total EXW price per line item] [insert the corresponding price per line item] [Insert cost of local labor, raw material and components from within the Purchase's country asa % of the EXW price per line item] [insert sales and other taxes payable per line item if Contract isawarded] [insert total price per item] Total Price Nameof Bidder  [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid]  Date[insert date] Price andCompletion Schedule - Related Services Currencies in accordance with ITB  15 Date:_________________________ ICBNo: _____________________ Alternative No: ________________ PageN° ______of______ 1 2 3 4 5 6 7 Service N° Description of Services (excludes inland transportation and other servicesrequired in the Purchaser's country to convey the goods to their final destination) Country of Origin Delivery Date at placeof Final destination Quantity and physical unit Unit price Total Price per Service (Col. 5*6 or estimate) [insert number of the Service  ] [insert name of Services] [insert country of origin of the Services] [insert delivery date at place of final destination per Service] [insert number of units to be supplied and name of the physical unit] [insert unit price per item] [insert total price per item] Total Bid Price Nameof Bidder  [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid]  Date[insert date] Form of BidSecurity (BankGuarantee) [The bank shall fill in this Bank Guarantee Form in accordance with the instructionsindicated.] [Guarantor letterhead or SWIFT identifiercode] Beneficiary:  [Purchaser to insert its name and address] IFB No.:  [Purchaser to insert reference number for the Invitation forBids] AlternativeNo.: [Insert identification No if this is a Bid for analternative] Date: [Insert date of issue] BID GUARANTEENo.:  [Insert guarantee referencenumber] Guarantor:  [Insert name and address of place of issue, unless indicated in theletterhead] We have been informed that ______ [insert name of the Bidder, which in the case of a joint ventureshall be the name of the joint venture (whether legally constituted or prospective) or the names of all members thereof](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its bid (hereinaftercalled "the Bid") for the execution of ________________ under Invitation for Bids No. ___________  ("the IFB"). Furthermore, we understand that, according to the Beneficiary's conditions, bids must be supported by abid guarantee. At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to paythe Beneficiaryany sum or sums not exceeding in total an amount of ___________   (____________) upon receipt by us of the Beneficiary's complying demand,supportedby the Beneficiary's statement, whether in the demand itself or a separate signed document accompanying or identifying thedemand, stating that either the Applicant: (a)     has withdrawn itsBid during the period of bid validity set forth in theApplicant's  Letter of Bid ("the Bid ValidityPeriod"), or any extension thereto provided by the Applicant; or (b)     having been notified of the acceptance of its Bid by the Beneficiary during theBid Validity Period or any extension thereto provided by the Applicant, (i) has failed to execute the contract agreement, or (ii)has failed to furnish the performance security, in accordance with the Instructions to Bidders ("ITB") of the Beneficiary's biddingdocument. This guarantee will expire: (a) if the Applicant is the successful bidder, upon our receipt of copies ofthe contract agreement signed by the Applicant and the performance security issued to the Beneficiary in relation to suchcontractagreement; or (b) if the Applicant is not the successful bidder, upon the earlier of (i) our receipt of a copy of the Beneficiary'snotification to the Applicant of the results of the bidding process;or (ii) twenty-eight days after the end of the Bid Validity Period. Consequently, any demand for payment under this guarantee must be received by us at the office indicatedabove on or before that date. Thisguarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No.758. _____________________________ [Signature(s)] Note:  All italicized text is for use in preparingthis form and shall be deleted from the final product. Form of Bid Security (BidBond) [The Surety shall fill in this Bid Bond Form inaccordance with theinstructions indicated.] BOND NO.______________________ BY THIS BOND [name of Bidder] as Principal (hereinafter called "the Principal"), and [name, legal title, and addressof surety], authorized to transact business in [nameof country of Purchaser], as Surety (hereinafter called "the Surety"), are held and firmly bound unto[name of Purchaser] as Obligee(hereinaftercalled "the Purchaser") in the sum of [amount ofBond][2] [amount in words], for the payment of which sum, well and truly to be made, we, the said Principaland Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by thesepresents. WHEREAS the Principal has submitted or will submit awritten Bid to the Purchaser dated the ___ day of ______, 20__, for the supply of [name ofContract] (hereinafter called the "Bid"). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION issuch that if the Principal: (a)                has withdrawn its Bid during the period of bid validityset forth in thePrincipal's Letter of Bid ("the Bid Validity Period"), or any extension thereto provided by the Principal;or (b)               having been notified of the acceptance of its Bid by thePurchaser duringthe  Bid Validity Period or any extensionthereto provided by the Principal; (i) failed  to execute the contract agreement; or (ii) has failed to furnish the Performance Security,  in accordance with the Instructions to Bidders ("ITB") of the Purchaser'sbidding document. then the Surety undertakes to immediately pay to thePurchaser up to the above amount upon receiptof the Purchaser's first written demand, without the Purchaser havingto substantiateits demand, provided that in its demand the Purchasershall state that the demand arises from the occurrence of any of the aboveevents, specifying which event(s) has occurred. The Surety hereby agrees that its obligation willremain in full force and effect up to and including the date 28 days after the date of expiration of the Bid Validity Period setforth in the Principal's Letter of Bid or any extension thereto provided by the Principal. IN TESTIMONY WHEREOF, the Principal and the Suretyhave caused these presents to be executed in their respective names this ____ day of ____________20__. Principal: _______________________         Surety:_____________________________ Corporate Seal (whereappropriate) _______________________________          ____________________________________ (Signature)                                                     (Signature) (Printed name and title)                                  (Printed name andtitle) Form of Bid-SecuringDeclaration [The Bidder shall fill in this Form in accordance with the instructionsindicated.] Date: [date (as day, month andyear)] Bid No.: [number of biddingprocess] Alternative No.: [insert identification No if this is a Bid for analternative] To: [complete name ofPurchaser] We, the undersigned, declare that: We understand that,according to your conditions, bids must be supported by a Bid-SecuringDeclaration. We accept thatwe will automatically be suspended from being eligible for bidding in any contractwith the Purchaser for the period of time of [number of months or years]starting on [date], if we are in breach of ourobligation(s) under the bid conditions, because we: (a)       have withdrawn our Bid during theperiod of bid validity specified in the Letter  of Bid; or (b)       having been notified of theacceptance of our Bid by the Purchaser during the period of bid validity, (i) fail or refuse to execute the Contract; or(ii) failor refuse to furnish the Performance Security, if required, in accordance with the ITB. We understand this BidSecuring Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) our receipt of your notification tous of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of ourBid. Name of theBidder* Name of theperson duly authorized to sign the Bid on behalf of the Bidder**           _______ Title ofthe person signing the Bid                                                   ______________________ Signatureof the person named above                                               ______________________ Date signed________________________________ day of ___________________,_____ *: In the case of the Bid submitted by joint venturespecify the name of the Joint Venture as Bidder **: Person signing the Bid shall have the power of attorney given by theBidder attached to the Bid [Note: In case of a Joint Venture, theBid-Securing Declaration must be in the name of all members to the Joint Venture that submits thebid.] Manufacturer'sAuthorization [The Bidder shall require the Manufacturer to fill in this Form in accordance with the instructionsindicated. This letter of authorization should be on the letterhead of the Manufacturer andshould be signed by a person with the proper authority to sign documents that are binding on the Manufacturer. The Bidder shall include it in its bid, ifso indicated in the BDS.] Date: [insert date (as day, monthand year) of Bid Submission] ICB No.: [insert number of biddingprocess] Alternative No.: [insert identification No if this is a Bid for analternative] To:  [insert complete nameof Purchaser] WHEREAS We [insert complete name ofManufacturer], who are official manufacturers of [insert type of goodsmanufactured], having factories at [insert full address of Manufacturer's factories], do hereby authorize[insert complete name of Bidder] to submit a bidthe purpose of which is to provide the following Goods, manufactured by us [insert name and or brief description of the Goods], and to subsequently negotiate and sign the Contract. We hereby extend our full guarantee and warranty in accordance with Clause 28 of the GeneralConditions of Contract, with respect to the Goods offered by the abovefirm. Signed: [insert signature(s) of authorized representative(s) of the Manufacturer] Name: [insert complete name(s) of authorized representative(s) of the Manufacturer] Title: [insert title] Dated on ____________ day of __________________, _______ [insert date ofsigning] Section V. Eligible Countries Eligibility for the Provision of Goods, Works and Non Consulting Services in Bank-Financed Procurement In reference to ITB 4.7 and 5.1, for the information ofthe Bidders, at the present time firms, goods andservices from the following countries are excluded from this bidding process: Under ITB 4.7(a) and 5.1:     [insert a list of the countries following approval by the Bank to apply therestriction or state "none"]. Under ITB 4.7(b) and 5.1:       [insert a list of thecountries following approval by the Bank to apply the restriction or state "none"] Section VI.Bank Policy - Corrupt and Fraudulent Practices Guidelines for Procurement ofGoods, Works, and Non-Consulting Services under IBRDLoans and IDA Credits & Grants by World Bank Borrowers, dated January 2011. "Fraud andCorruption: 1.16  It is the Bank's policy to require that Borrowers(including beneficiaries of Bank loans), bidders, suppliers, contractors and their agents (whether declared or not),sub-contractors, sub-consultants, service providers or suppliers, and any personnel thereof, observe the highest standard of ethicsduring the procurement and execution of Bank-financed contracts.[3] In pursuance of thispolicy, the Bank: (a)     Defines, for the purposes of thisprovision, the terms set forth below as follows: (i)         "Corrupt practice" is the offering, giving,receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of anotherparty;[4]; (ii)        "fraudulent practice" is any act or omission, including amisrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit orto avoid an obligation;[5] (iii)       "Collusive practice" is an arrangement between two or moreparties designed to achieve an improper purpose, including influencing improperly the actions of another party;[6] (iv)       "Coercive practice" is impairing or harming, or threatening toimpair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of aparty;[7] (v)        "Obstructive practice"is: (aa)     deliberately destroying, falsifying, altering, or concealing of evidence material to theinvestigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of acorrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it fromdisclosing its knowledge of matters relevant to the investigation or from pursuing the investigation,or (bb)      acts intended to materially impede the exerciseof the Bank's inspection and audit rights provided for under paragraph 1.16(e) below. (b)     will reject a proposal for award if itdetermines that the bidder recommended for award, or any of its personnel, or its agents, or its sub-consultants, sub-contractors,service providers, suppliers and/or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive,coercive, or obstructive practices in competing for the contract in question; (c)     will declare misprocurement and cancelthe portion of theloan allocated to a contract if it determines at any time that representatives of the Borrower or of a recipientof any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during theprocurement or the implementation of the contract in question, without the Borrower having taken timely andappropriate actionsatisfactory to the Bank to address such practiceswhen they occur, including by failing to inform the Bank in a timely manner atthe time they knew of the practices; (d)    will sanction a firm or individual, at anytime, in accordance with the prevailing Bank's sanctions procedures,[8] including by publicly declaring such firm or individual ineligible, either indefinitely or for astated period of time: (i) to be awarded a Bank-financed contract; and (ii) to be a nominated[9]; (e)     will require that a clause be includedin bidding documents and in contracts financed by a Bank loan, requiring bidders, suppliers and contractors, and theirsub-contractors, agents, personnel, consultants, service providers, or suppliers, to permit the Bank to inspect all accounts,records, and other documents relating to the submission of bids and contract performance, and to have them audited by auditorsappointed by the Bank." PART 2 ? SupplyRequirements Section VII. Schedule of Requirements Contents 1.  List of Goods and DeliverySchedule................................................................................ 69 2.   List of  Related Services and CompletionSchedule ........................................................... . 3.   Technical Specifications.................................................................................................... 70 4.   Drawings...........................................................................................................................73 5.   Inspections and Tests........................................................................................................74 Notes for Preparing the Schedule ofRequirements The Schedule of Requirements shall be included in the bidding documents by thePurchaser, and shall cover, at a minimum, adescription of the goods and services to be supplied and the delivery schedule. The objective of the Schedule of Requirements is to provide sufficient information to enable bidders to prepare their bidsefficiently and accurately, in particular, the Price Schedule, for which a form is provided in Section IV.  In addition, the Schedule of Requirements, together with the PriceSchedule, should serve as a basis in the event of quantity variation at the time of award of contract pursuant to ITB41. The dateor period for delivery should be carefully specified, taking into account (a) the implications of delivery termsstipulated in the Instructions to Bidders pursuant to the Incotermsrules (i.e., EXW, or CIP, FOB, FCA terms?that "delivery" takes place when goods are delivered to the carriers), and (b) the date prescribed herein fromwhich thePurchaser's delivery obligations start (i.e., notice of award, contract signature, opening or confirmation of the letterof credit). 1.  List of Goods and DeliverySchedule [The Purchaser shall fill in thistable, with the exception of the column "Bidder's offered Delivery date" to be filled by theBidder] Line Item N° Description of Goods Quantity Physical unit Final (Project Site) Destination as specified in BDS Delivery  (as per Incoterms) Date Earliest Delivery Date Latest Delivery Date Bidder's  offered Delivery date [to be provided by thebidder] 1 Procurement of Mini Tractors for Horticulture Component 80 Each CIP to Center region Charikar  Warehouse of NHLP,  Parwan -  Afghanistan 12 weeks 16 weeks 2 20 Each CIP to East regionJalalabad  Warehouse of NHLP,  Ningarhar -  Afghanistan 12 weeks 16 weeks 3 20 Each CIP to West regionHerat  Warehouse of NHLP,  Herat - Afghanistan 12 weeks 16 weeks 4 10 Each CIP to South region Kandhar  Warehouse of NHLP,  Kandhar -  Afghanistan 12 weeks 16 weeks 5 70 Each CIP to North and North East regions Pulkhumri  Warehouse of NHLP,  Baghlan -  Afghanistan 12 weeks 16 weeks Note: 1. The delivery periodwill be counted from the contract signing date for National suppliers and for International suppliers will be count from the dateof issue of LC. 2. Partial shipments will not be accepted. 3. Biddersquotingdelivery period more than 16 weeks will be treated as non-responsive bid. 3.     TechnicalSpecifications The purpose of the Technical Specifications (TS), is to define the technical characteristics of the Goods and RelatedServices required by the Purchaser. The Purchaser shall prepare the detailed TS take into accountthat: ·         The TS constitute the benchmarks against which the Purchaser will verify the technical responsiveness ofbidsand subsequently evaluate the bids.  Therefore, well-defined TSwill facilitate preparation of responsive bids by bidders, as well as examination, evaluation, and comparison of the bids by thePurchaser. ·         The TS shall require that all goods and materials to be incorporated in the goods be new, unused, and ofthemost recent or current models, and that they incorporate all recent improvements in design and materials, unless provided forotherwisein the contract. ·         The TS shall make use of best practices. Samples of specifications from successful similar procurements in thesame country or sector may provide a sound basis for drafting the TS. ·         The Bank encourages the use of metric units. ·         Standardizing technical specifications may be advantageous, depending on the complexity of the goods andtherepetitiveness of the type of procurement.  TechnicalSpecifications should be broad enough to avoid restrictions on workmanship, materials, and equipment commonly used in manufacturingsimilar kinds of goods. ·         Standards for equipment, materials, and workmanship specified in the Bidding Documents shall not berestrictive.  Recognized international standards should bespecified as much as possible. Reference to brand names, catalogue numbers, or other details that limit any materials or items to aspecific manufacturer should be avoided as far as possible. Where unavoidable, such item description should always be followed by the words "or substantiallyequivalent."  When other particular standardsor codes of practice are referred to in the TS, whether from the Borrower's or from other eligible countries, a statement shouldfollow other authoritative standards that ensure at least a substantially equal quality, then the standards mentioned in the TSwill also be acceptable. ·         Reference to brand names and catalogue numbers should be avoided as far as possible; where unavoidable thewords "or at leastequivalent" shall always follow such references. ·         Technical Specifications shall be fully descriptive of the requirements in respect of, but not limited to,the following: (a)        Standards of materials and workmanship required for the production and manufacturing of theGoods. (b)        Detailed tests required (type andnumber). (c)        Otheradditional work and/or Related Services required to achieve full delivery/completion. (d)        Detailed activities to be performed by the Supplier, and participation of the Purchaserthereon. (e)        List of detailed functional guarantees covered by the Warranty and the specification of the liquidated damages to be appliedin the event that such guarantees are not met. ·         The TS shall specify all essential technical and performance characteristics and requirements, includingguaranteed or acceptable maximum or minimum values, as appropriate.  Whenever necessary, the Purchaser shall include an additional ad-hoc bidding form (to be an Attachment to the Bid SubmissionSheet), where the Bidder shall provide detailed information on such technical performance characteristics in respect to thecorresponding acceptable or guaranteed values. When the Purchaser requests that the Bidder provides in its bid a part or all of the Technical Specifications, technicalschedules, or other technical information, the Purchaser shall specify in detail the nature and extent of the required informationand the manner in which it has tobe presented by the Bidder in its bid. [If a summary ofthe Technical Specifications (TS) has to be provided, the Purchaser shall insert information in the table below. The Bidder shallprepare a similar table to justify compliance with the requirements] "Summary of Technical Specifications. The Goods and Related Servicesshall comply with following Technical Specifications and Standards: TechnicalSpecification of Mini Tractor 15 HP: BrandName Name ofManufacturer RequiredNo Year ofManufacture CountryofProduction No Items Description Bidder's Response Comply/Not Comply 1 Mini Tractor 15 HP Mini Tractor 15 HP with all accessories with trailer truck of 2 Ton Capacity. The tools include3 tine cultivator, Ridger and 1 Disc plough. Transportation speed on the road 25.6 KMPH Type: Single cylinder, Horizontal type -4 cycle water cooled Radiator 4x2wheel.Maximum rated power 20 H.P (1 hour).Nominal Power ? 15 H. P (12 hours).Net weight of engine ? 160 KGSOver all dimension of engine ? 814 x480 x 618 mmFuel consumption: 1.5 liter/hour.Maximum towing capacity: 3.5/4 Ton.Rotary shaft Speed: High/Low.Tilling width: 3 Feed.Tilling depth: 6 ? 9 Inch.R. P. M of Engine: 2400 rmpCylinder Dia: 100 mmPiston stroke: 115 mm.Hydraulic system: 17.5 liter/min.Maximum speed for towing: 25 Km/hourWheel base: 1300/1400 mm.Front wheel: 900 mm.Trailing wheel: 900 mm.Min ground clearance: 245 mm.Tiller speed forward: 6 gearsReverse: 2 gearsPiston: 4 groov and 4 ringCam shaft: Double bearing.Start: Self with battery an handleTrailer truck capacity: 2 ton carrying capacity Features: Direct injectionCombustion systemLess fuel consumptionQuick startFor multiple soil types Multipurpose usage.Spraying pesticidesPumping TowingLabeling soilHarvesting cropsSowing seeds on field Transportation 4.Drawings (NotApplicable) These Bidding Documents includes[insert "thefollowing" or "no"] drawings. [If documents shall be included, insertthe following List of Drawings] 5. Inspections and Tests The following inspections and tests shallbe performed: [insert list of inspections and tests] Visual inspectionInspection for any physical damageWarranty Certificate orany other relevant documentsManufacture Authorization letter in the prescribed format attached in the biddocument. PART 3 - Contract Section VIII.  General Conditions ofContract Table ofClauses 1.   Definitions.........................................................................................................................79 2.   Contract Documents..........................................................................................................80 3.   Fraud and Corruption........................................................................................................80 4.   Interpretation.....................................................................................................................80 5.   Language...........................................................................................................................81 6.   Joint Venture, Consortium orAssociation........................................................................82 7.   Eligibility...........................................................................................................................82 8.   Notices............................................................................................................................... 82 9.   Governing Law..................................................................................................................82 10.Settlement of Disputes......................................................................................................82 11.Inspections and Audit bythe Bank...................................................................................83 12.Scope of Supply................................................................................................................84 13.Delivery and Documents...................................................................................................84 14.Supplier's Responsibilities.................................................................................................84 15.Contract Price....................................................................................................................84 16.Terms of Payment..............................................................................................................84 17.Taxes and Duties...............................................................................................................84 18.Performance Security........................................................................................................85 19.Copyright...........................................................................................................................85 20.Confidential Information..................................................................................................85 21.Subcontracting...................................................................................................................86 22.Specifications and Standards............................................................................................87 23.Packing and Documents....................................................................................................87 24.Insurance...........................................................................................................................87 25.Transportation and Incidental Services.............................................................................88 26.Inspections and Tests........................................................................................................88 27.Liquidated Damages.........................................................................................................89 28.Warranty............................................................................................................................ 90 29.PatentIndemnity...............................................................................................................90 30.Limitation of Liability.......................................................................................................92 31.Changein Laws and Regulations......................................................................................92 32.Force Majeure....................................................................................................................92 33.ChangeOrders and Contract Amendments......................................................................93 34.Extensions of Time............................................................................................................93 35.Termination........................................................................................................................94 36.Assignment........................................................................................................................95 37.ExportRestriction.............................................................................................................95 Section VIII.  General Conditions ofContract 1.   Definitions 1.1     The following wordsand expressions shall have the meanings hereby assigned to them: (a)          "Bank" means the World Bank and refers to the International Bank for Reconstruction and Development (IBRD) or theInternational Development Association (IDA).(b)         "Contract" means the Contract Agreement entered into between the Purchaser and the Supplier, together with the ContractDocuments referred to therein, including all attachments, appendices, and all documents incorporated by referencetherein.(c)          "Contract Documents" means the documents listed in the Contract Agreement, including any amendmentsthereto.(d)         "Contract Price" means the price payable to the Supplier as specified in theContract Agreement, subject to such additionsand adjustments theretoor deductions therefrom, as may be made pursuant to theContract.(e)          "Day" means calendar day.(f)          "Completion" means the fulfillment of the Related Services by the Supplier in accordance with the terms and conditionsset forth in the Contract. (g)         "GCC" means the General Conditions of Contract.(h)         "Goods" means all of the commodities, raw material, machinery and equipment,and/or other materials that the Supplier isrequired to supply to thePurchaser under the Contract.(i)           "Purchaser's Country" is the country specified in the Special Conditions of Contract(SCC).(j)           "Purchaser" means the entity purchasing the Goods and Related Services, as specified in the SCC.(k)         "Related Services" means the services incidental to the supply of the goods, such as insurance, installation, training andinitial maintenance and other such obligations of the Supplier under theContract.(l)           "SCC" means the Special Conditions of Contract.(m)       "Subcontractor" means any person, private or government entity, or a combination of the above, to whom any part of the Goodsto be supplied or execution of any part of the Related Services is subcontracted by theSupplier.(n)         "Supplier" means the person, private or government entity,or a combination of the above, whose bid to perform the Contract has been accepted by the Purchaser and is named as such in theContract Agreement.(o)         "The Project Site," where applicable, means the place named in the SCC. 2.   ContractDocuments 2.1          Subject to the order of precedence setforth in the Contract Agreement, all documents forming the Contract (andall parts thereof) are intended to be correlative,complementary, andmutually explanatory. The Contract Agreement shall be read as a whole. 3.   Corrupt and Fraudulent Practices 3.1     The Bank requirescompliance with its policy in regard to corrupt and fraudulent practices as set forth in Appendix to theGCC. 3.2     The Purchaser requiresthe Supplier to disclose any commissions or fees that may have been paid or are to be paid to agents or any other party withrespect to the bidding process or execution of the Contract. The information disclosed must include at least the name and addressofthe agent or other party, the amount and currency, and the purposeof the commission, gratuity or fee. 4.Interpretation 4.1          If the context so requires it, singular means pluraland vice versa. 4.2          Incoterms (a)           Unless inconsistent with any provision of theContract, the meaning of any trade term and the rights and obligations of parties thereundershall be as prescribed by Incoterms.(b)          The terms EXW, CIP, FCA, CFR and other similar terms, when used, shall be governed by the rules prescribed inthe current edition of Incotermsspecified in the SCC and published by the InternationalChamber of Commerce in Paris, France. 4.3          EntireAgreement The Contract constitutes the entire agreement between the Purchaser and the Supplier and supersedes all communications,negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date ofContract. 4.4          Amendment No amendment or other variation of the Contract shall be valid unless it is in writing,is dated, expressly refers to theContract, and is signed by a duly authorized representative of each partythereto. 4.5         Nonwaiver (a)           Subject to GCC Sub-Clause 4.5(b) below, no relaxation, forbearance,delay, or indulgence by either party inenforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice,affect, or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contractoperate as waiver of any subsequent or continuingbreach of Contract.(b)          Anywaiver of a party's rights, powers, or remedies under the Contract must be in writing, dated, and signed by anauthorized representative ofthe party granting such waiver, and must specify the right and the extent to which it is beingwaived. 4.6          Severability If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition,invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of theContract. 5.   Language 5.1            The Contract as well as allcorrespondence and documents relating to the Contract exchanged by the Supplier and the Purchaser, shall be written in the languagespecified in the SCC. Supporting documents and printed literature that are part of theContract may be in another language provided they are accompanied by an accurate translation of the relevant passagesin thelanguage specified, in which case, for purposes of interpretation of the Contract,this translation shall govern. 5.2            The Supplier shall bear all costs oftranslation to the governing language and all risks of the accuracy of such translation, for documents provided by theSupplier. 6.   Joint Venture, Consortium orAssociation 6.1          If the Supplier is a joint venture, consortium, or association, all of the parties shall be jointly and severally liableto the Purchaser for the fulfillment of the provisions of the Contract and shall designate one party to act as a leader withauthority to bind the joint venture, consortium, or association. The composition or the constitution of the joint venture,consortium, or association shall not be altered without the prior consent of thePurchaser. 7.   Eligibility 7.1        The Supplier and its Subcontractors shall have thenationality of an eligible country.  A Supplier or Subcontractorshall be deemed to have the nationality of a country if it is a citizen or constituted, incorporated, or registered, and operatesin conformity with theprovisions of the laws of that country. 7.2        All Goods and Related Services to be supplied under theContract and financed by the Bank shall have their origin in Eligible Countries. For the purpose of this Clause, origin means thecountry where the goods have been grown, mined, cultivated, produced, manufactured, or processed; or through manufacture,processing, or assembly,another commercially recognized article results that differs substantially in its basic characteristicsfrom its components. 8.   Notices 8.1           Any notice given by one party to theother pursuant to the Contract shall be in writing to the address specified in the SCC.  The term "inwriting" means communicated in written form with proof of receipt. 8.2           A notice shall be effective whendelivered or on the notice's effective date, whichever is later. 9.  GoverningLaw 9.1          The Contract shall be governed by andinterpreted in accordance with the laws of the Purchaser's Country, unless otherwise specified in the SCC. 9.2        Throughout the execution of the Contract, the Contractor shall comply with the import of goods and services prohibitionsin the Purchaser's country when (a) as amatter of law or official regulations, the Borrower's country prohibits commercial relations with that country;or 9.2          (b) by an act of compliance with a decision of the United Nations SecurityCouncil taken under Chapter VII of the Charter of the United Nations, the Borrower's Country prohibits any import of goods fromthat country or any payments to any country, person, or entity in that country. 10  Settlement ofDisputes 10.1      The Purchaser and the Supplier shallmake every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or inconnection with the Contract. 10.2      If, after twenty-eight (28) days, theparties have failed to resolve their dispute or difference by such mutual consultation, then either the Purchaser or the Suppliermay give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute,and no arbitration in respect of this matter may be commenced unless such notice is given. Any dispute or difference in respect ofwhich a notice of intention to commence arbitration has been given in accordance with this Clause shall be finally settled byarbitration.  Arbitration may be commenced prior to or afterdelivery of the Goods under the Contract. Arbitration proceedings shall be conducted in accordance with the rules of procedurespecified in the SCC. 10.3      Notwithstandingany reference to arbitration herein, (a)          the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and (b)         the Purchaser shall pay the Supplier any monies due theSupplier. 11. Inspectionsand Audit by the Bank 11.1       The Supplier shall keep, and shall make all reasonable efforts to cause its Subcontractors to keep, accurate and systematicaccounts and records in respect of the Goods in such form and details as will clearly identify relevant time changes andcosts. 11.2       The Supplier shall permit, and shall cause its Subcontractors to permit,the Bank and/or persons appointed by the Bank toinspect the Supplier's offices and all accounts and records relating to the performance ofthe Contract and the submission of thebid, and to have such accountsand records audited by auditors appointed by the Bank if requested bythe Bank. The Supplier's and itsSubcontractors and consultants' attention is drawn to Clause 3 [Fraud and Corruption], which provides, inter alia,that acts intended to materially impede the exercise of the Bank's inspection and audit rights provided forunder this Sub-Clause 11.1 constitute a prohibited practice subject to contract termination (as well as to a determination ofineligibility pursuant to the Bank's prevailing sanctions procedures) 12. Scope ofSupply 12.1   TheGoods and Related Services to be supplied shall be as specified in the Schedule of Requirements. 13. Delivery andDocuments 13.1    Subject to GCC Sub-Clause 33.1, the Delivery of the Goodsand Completion of the Related Services shall be in accordance with the Delivery and Completion Schedule specified in the Scheduleof Requirements.  The details of shipping andother documents to be furnished by the Supplier are specified in the SCC. 14. Supplier'sResponsibilities 14.1    The Supplier shall supplyall the Goods and Related Services included in the Scope of Supply in accordance with GCC Clause 12, and the Delivery andCompletion Schedule, as per GCC Clause 13. 15  ContractPrice 15.1   Prices charged by the Supplierfor the Goods supplied and the Related Services performed under the Contract shall not vary from the prices quoted by the Supplierin its bid, with the exception of any price adjustments authorized in the SCC. 16. Terms ofPayment 16.1   The Contract Price, includingany Advance Payments, if applicable, shall be paid as specified in the SCC. 16.2   The Supplier's request forpayment shall be made to the Purchaser in writing, accompanied by invoices describing, as appropriate, the Goods delivered andRelated Services performed, and by the documents submitted pursuant to GCC Clause 13 and upon fulfillment of all other obligationsstipulated in the Contract. 16.3   Payments shall be made promptlyby the Purchaser, but in no case later than sixty (60) days after submission of an invoice or request for payment by the Supplier,and after the Purchaser has accepted it. 16.4   The currencies in which paymentsshall be made to the Supplier under this Contract shall be those in which the bid price is expressed. 16.5   In the event that the Purchaserfails to pay the Supplier any payment by its due date or within the period set forth in the SCC, the Purchaser shall pay to theSupplier interest on the amount of such delayed payment at the rate shown in the SCC, for the period of delay untilpayment has been made in full, whether before or after judgment or arbitrage award. 17. Taxes andDuties 17.1   For goods manufactured outsidethe Purchaser's Country, the Supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other suchlevies imposed outside the Purchaser's Country. 17.2   For goods Manufactured withinthe Purchaser's country, the Supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred untildelivery of the contracted Goods to the Purchaser. 17.3   If any tax exemptions, reductions, allowances orprivileges may be available to the Supplier in the Purchaser's Country, the Purchaser shall use its best efforts toenable theSupplier to benefit from any such tax savings to the maximum allowable extent. 18. PerformanceSecurity 18.1   If required as specified in theSCC, the Supplier shall, within twenty-eight (28) days of the notification of contract award, provide a performance security forthe performance of the Contract in the amount specified in the SCC. 18.2   The proceeds of the PerformanceSecurity shall be payable tothe Purchaser as compensation for any loss resulting from the Supplier's failure to complete itsobligations under the Contract. 18.3   As specified in the SCC, thePerformance Security, if required, shall be denominated in the currency(ies) of the Contract, or in afreely convertible currencyacceptable to the Purchaser; and shall bein one of the format stipulated by the Purchaser in the SCC, orin another format acceptable to the Purchaser. 18.4   The Performance Security shallbe discharged by the Purchaser and returned to the Supplier not later than twenty-eight (28) days following the date of Completionof the Supplier's performance obligations under the Contract, including any warranty obligations, unless specified otherwise in theSCC. 19. Copyright 19.1   The copyright in all drawings,documents, and other materialscontaining data and information furnished to the Purchaser by the Supplier herein shall remain vestedin the Supplier, or, if they are furnished to the Purchaser directly or through the Supplier by any third party, includingsuppliers of materials, the copyright in such materials shall remain vested in such thirdparty 20. ConfidentialInformation 20.1   The Purchaser and the Suppliershall keep confidential and shall not, without the written consent of the other party hereto, divulge to any third party anydocuments, data, or other information furnished directly or indirectly by the other party hereto in connection withthe Contract,whether such information has been furnished prior to, during or following completion or termination of the Contract.  Notwithstanding the above, the Supplier may furnish to itsSubcontractor such documents, data, and other information it receives fromthe Purchaser to the extent required for theSubcontractor to performits work under the Contract, in which event the Supplier shall obtainfrom such Subcontractor an undertakingof confidentiality similar to that imposed on the Supplier under GCC Clause20. 20.2   The Purchaser shall not use suchdocuments, data, and other information received from the Supplier for any purposes unrelated to the contract.  Similarly, the Supplier shall not use such documents,data, and other information received from the Purchaser forany purpose other than the performance of theContract. 20.3   The obligation of a party underGCC Sub-Clauses 20.1 and 20.2above, however, shall not apply to informationthat: (a)           the Purchaser or Supplier need to share with the Bank or other institutions participating in the financingof the Contract; (b)          nowor hereafter enters the public domain through no fault of thatparty;(c)           can be proven to have been possessed by that party at the time of disclosure and which was not previouslyobtained, directly or indirectly, from the other party; or(d)          otherwise lawfully becomes available to that party from a third party that has no obligation ofconfidentiality. 20.4   The above provisions of GCCClause 20 shall not in any way modify any undertaking of confidentiality given by either of the partieshereto prior to the date ofthe Contract in respect of the Supply or any part thereof. 20.5   The provisions of GCC Clause 20shall survive completion or termination, for whatever reason, of theContract. 21. Subcontracting 21.1   The Supplier shall notify thePurchaser in writing of all subcontracts awarded under the Contract if not already specified in the bid. Such notification, in theoriginal bid or later shall not relieve the Supplier from any of its obligations, duties, responsibilities, orliability under theContract. 21.2   Subcontracts shall comply withthe provisions of GCC Clauses 3 and 7. 22. Specifications andStandards 22.1   Technical Specifications andDrawings (a)           The Goods and Related Services supplied under this Contract shall conform to the technical specificationsand standards mentioned in Section VI, Schedule of Requirements and, when no applicable standard is mentioned, the standard shallbe equivalent or superior to the official standards whose application is appropriate to the Goods' country oforigin.(b)          The Supplier shall be entitled to disclaim responsibility for any design, data, drawing, specification or otherdocument, or any modification thereof provided or designed by or on behalf of the Purchaser, by giving a notice of such disclaimerto the Purchaser.(c)           Wherever references are made in the Contract to codes and standards in accordance with which it shall beexecuted, the edition or the revised version of such codes and standards shall be those specified in the Schedule of Requirements.During Contract execution, any changes in any such codes and standards shall be applied only after approval bythe Purchaser andshall be treated in accordance with GCC Clause 33. 23. Packing andDocuments 23.1   The Supplier shall provide suchpacking of the Goods as is required to prevent their damage or deterioration during transit to their final destination, asindicated in the Contract.  During transit, thepacking shall be sufficient to withstand, without limitation, rough handling and exposure to extreme temperatures, saltandprecipitation, and open storage.  Packingcase size andweights shall take into consideration, where appropriate, the remoteness of the goods' final destination and theabsence of heavy handling facilities at all points in transit. 23.2   The packing, marking, anddocumentation within and outside the packages shall comply strictly with such special requirements as shall be expressly providedfor in the Contract, including additional requirements, if any, specified in the SCC, and in any other instructionsordered by the Purchaser. 24. Insurance 24.1   Unless otherwise specified inthe SCC, the Goods supplied under the Contract shall be fully insured?in a freely convertible currency from an eligiblecountry?against loss or damage incidental to manufacture oracquisition, transportation, storage, and delivery, in accordance withthe applicable Incoterms or in the manner specified in the SCC. 25. Transportation and Incidental Services 25.1   Unless otherwise specified inthe SCC, responsibility for arranging transportation of the Goods shall be in accordance with the specified Incoterms. 25.2  TheSupplier may be required to provide any or all of the following services, including additional services, ifany, specified in SCC: (a)    performance or supervision of on-site assembly and/or start?up of the suppliedGoods; (b)    furnishing of tools required for assembly and/or maintenance of the suppliedGoods; (c)    furnishing of a detailed operations and maintenance manual for each appropriate unit of the suppliedGoods; (d)    performance or supervision ormaintenance and/or repair of the supplied Goods, for a period of timeagreed by the parties,provided that this service shall not relieve the Supplier of any warranty obligations under this Contract;and (e)    training of the Purchaser's personnel, at the Supplier's plant and/or on-site, in assembly, start-up,operation, maintenance, and/or repair of the supplied Goods. 25.3   Prices charged by the Supplier for incidentalservices, if not included in the Contract Price for the Goods, shall be agreed upon in advance by the parties and shallnot exceedthe prevailing rates charged to other parties by the Supplier for similar services 26. Inspections andTests 26.1   The Supplier shall at its ownexpense and at no cost to the Purchaser carry out all such tests and/or inspections of the Goods and Related Services as arespecified in the SCC. 26.2   The inspections and tests may beconducted on the premises ofthe Supplier or its Subcontractor, at point of delivery, and/or at the Goods' final destination, or inanother place in the Purchaser's Country as specified in the SCC.  Subject to GCCSub-Clause 26.3, if conducted on the premises of the Supplier or its Subcontractor, all reasonable facilities and assistance,including access to drawings and production data, shall be furnished to the inspectors at no charge to thePurchaser. 26.3   The Purchaser or its designatedrepresentative shall be entitled to attend the tests and/or inspections referred to in GCC Sub-Clause 26.2, provided that thePurchaser bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, alltraveling and board and lodging expenses. 26.4   Whenever the Supplier is readyto carry out any such test andinspection, it shall give a reasonable advance notice, including the place and time, to thePurchaser.  The Supplier shall obtain from anyrelevant third party or manufacturer any necessary permission or consent to enable the Purchaser or its designated representativeto attend the test and/or inspection. 26.5   The Purchaser may require theSupplier to carry out any test and/or inspection not required by the Contract but deemed necessary toverify that thecharacteristics and performance of the Goods comply with the technical specifications codes and standards under the Contract,provided that the Supplier's reasonable costs and expenses incurredin the carrying out of such test and/or inspection shall beadded to the Contract Price.  Further, if suchtest and/or inspection impedes the progress of manufacturing and/or the Supplier's performance of its other obligations under theContract, due allowance willbe made in respect of the Delivery Dates and Completion Dates and theother obligations soaffected. 26.6   The Supplier shall provide thePurchaser with a report of theresults of any such test and/or inspection. 26.7   The Purchaser may reject anyGoods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications.  The Supplier shall either rectify or replace such rejectedGoods or parts thereof or make alterations necessary to meet the specifications at no cost to the Purchaser, and shall repeat thetest and/or inspection, at no cost to the Purchaser, upon giving anotice pursuant to GCC Sub-Clause26.4. 26.8   The Supplier agrees that neitherthe execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Purchaser or itsrepresentative, nor the issue of any report pursuant to GCC Sub-Clause 26.6, shall release the Supplier from any warranties orother obligations under the Contract. 27. LiquidatedDamages 27.1   Except as provided under GCCClause 32, if the Supplier fails to deliver any or all of the Goods by the Date(s) of delivery or perform the Related Serviceswithin the period specified in the Contract,the Purchaser may without prejudice to all its other remedies under the Contract,deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in the SCC ofthe delivered price of the delayed Goods orunperformed Services for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of thepercentage specified in those SCC. Once the maximum is reached, the Purchaser may terminate the Contract pursuant to GCC Clause35. 28. Warranty 28.1   The Supplier warrants that allthe Goods are new, unused, and of the most recent or current models, and that they incorporate all recent improvements in designand materials, unless provided otherwisein the Contract. 28.2   Subject to GCC Sub-Clause22.1(b), the Supplier further warrants that the Goods shall be free from defects arising from any act oromission of the Supplier orarising from design, materials, and workmanship, under normal use in the conditions prevailing in the country of finaldestination. 28.3   Unless otherwise specified inthe SCC, the warranty shall remain valid for twelve (12) months after the Goods, orany portion thereof as the case may be,have been delivered to and accepted at the final destination indicated in the SCC, orfor eighteen (18) months after the date of shipment from the port or place of loading in the country of origin, whichever periodconcludes earlier. 28.4   The Purchaser shall give noticeto the Supplier stating the nature of any such defects together with all available evidence thereof, promptly following thediscovery thereof.  The Purchaser shall affordall reasonable opportunity for the Supplier to inspect such defects. 28.5   Upon receipt of such notice, theSupplier shall, within the period specified in the SCC, expeditiously repair or replace the defective Goods or partsthereof, at no cost to the Purchaser. 28.6   If having been notified, theSupplier fails to remedy the defect within the period specified in the SCC, the Purchaser may proceed to takewithin areasonable period such remedial action as may be necessary, at the Supplier's risk and expense and without prejudice to any otherrights which the Purchaser may have against the Supplier under theContract. 29. PatentIndemnity 29.1   The Supplier shall, subject tothe Purchaser's compliance with GCC Sub-Clause 29.2, indemnify and hold harmless the Purchaser and its employees and officers fromand against any and all suits, actionsor administrative proceedings, claims, demands, losses, damages, costs, and expenses of anynature, including attorney's fees and expenses,which the Purchaser may suffer as a result of any infringement or allegedinfringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registeredor otherwise existing at the date of the Contract by reason of: (a)           the installation of the Goods by the Supplier or the use of the Goods in the country where the Site islocated; and (b)          the sale in any country of the products produced by the Goods. Such indemnity shall not cover any use of the Goodsor any part thereof other than for the purpose indicated by or to be reasonably inferredfrom the Contract, neither any infringementresulting from the use ofthe Goods or any part thereof, or any products produced thereby in association or combination with anyother equipment, plant, or materialsnot supplied by the Supplier, pursuant to theContract. 29.2   If any proceedings are broughtor any claim is made againstthe Purchaser arising out of the matters referred to in GCC Sub-Clause 29.1, the Purchaser shallpromptly give the Supplier a notice thereof, and the Supplier may at its own expense and in the Purchaser's nameconduct suchproceedings or claim and any negotiations for the settlement of any such proceedings orclaim. 29.3   If the Supplier fails to notifythe Purchaser within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim,then the Purchaser shall be free to conduct the same on its own behalf. 29.4   The Purchaser shall, at theSupplier's request, afford all available assistance to the Supplier in conducting such proceedings orclaim, and shall be reimbursedby the Supplier for all reasonable expenses incurred in so doing. 29.5   The Purchaser shall indemnifyand hold harmless the Supplier and its employees, officers, and Subcontractors from and against anyand all suits, actions oradministrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney's fees andexpenses, which the Supplier may suffer as a result of any infringement or alleged infringement of any patent, utility model,registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of theContract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided ordesigned by or on behalf of the Purchaser. 30  Limitation ofLiability 30.1   Except in cases of criminalnegligence or willful misconduct, (a)     the Supplier shall not beliable to the Purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use,loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of theSupplier to pay liquidated damages to the Purchaser and (b)    the aggregate liability ofthe Supplier to the Purchaser, whether under the Contract, in tortorotherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing orreplacing defective equipment, or to any obligation of the supplier to indemnify the purchaser with respect to patentinfringement 31. Change in Laws andRegulations 31.1   Unless otherwise specified inthe Contract, if after the date of 28 days prior to date of Bid submission, any law, regulation, ordinance, order or bylaw havingthe force of law is enacted, promulgated, abrogated, or changed in the place of the Purchaser's country where the Site is located(which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequentlyaffects the Delivery Date and/or the Contract Price, then such Delivery Date and/or Contract Price shall be correspondinglyincreased or decreased, to the extent that the Supplier has thereby been affected in the performance of any of its obligationsunder the Contract.  Notwithstanding theforegoing, such additional or reduced cost shall not be separately paid or credited if the same has already been accounted for inthe price adjustment provisions where applicable, in accordance with GCC Clause15. 32. ForceMajeure 32.1   The Supplier shall not be liablefor forfeiture of its Performance Security, liquidated damages, or termination for default if andto the extent that its delay inperformance or other failure to perform its obligations under the Contract is the result of an event of ForceMajeure. 32.2   For purposes of this Clause,"Force Majeure" means an event or situation beyond the control of the Supplier that is not foreseeable, is unavoidable, and itsorigin is not due to negligence or lack of care on the part of the Supplier.  Such events may include, but not be limited to, acts of the Purchaser in its sovereigncapacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freightembargoes. 32.3   If a Force Majeure situationarises, the Supplier shall promptly notify the Purchaser in writing of such condition and the cause thereof.  Unless otherwise directed by the Purchaser in writing, theSupplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek allreasonable alternative means for performance not prevented by the Force Majeureevent. 33. Change Orders and ContractAmendments 33.1   The Purchaser may at any timeorder the Supplier through notice in accordance GCC Clause 8, to make changes within the general scope of the Contract in any oneor more of the following: (a)           drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specificallymanufactured for the Purchaser;(b)          themethod of shipment or packing;(c)           the place of delivery; and (d)          theRelated Services to be provided by the Supplier. 33.2   If any such change causes anincrease or decrease in the cost of, or the time required for, the Supplier's performance of any provisions under the Contract, anequitable adjustment shall be made in the Contract Price or in the Delivery/Completion Schedule, or both, and the Contract shallaccordingly be amended.  Any claims by theSupplier for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier's receipt ofthe Purchaser's change order. 33.3   Prices to be charged by theSupplier for any Related Services that might be needed but which were not included in the Contract shall be agreed upon in advanceby the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similarservices. 33.4   Subject to the above, novariation in or modification of theterms of the Contract shall be made except by written amendment signed by theparties. 34. Extensions ofTime 34.1   If at any time duringperformance of the Contract, the Supplier or its subcontractors should encounter conditions impeding timely delivery of the Goodsor completion of Related Services pursuant to GCC Clause 13, the Supplier shall promptly notify the Purchaser in writing of thedelay, its likely duration, and its cause.  Assoon as practicable after receipt of the Supplier's notice, the Purchaser shall evaluate the situation and may at itsdiscretion extend theSupplier's time for performance, in which case the extension shall beratified by the parties by amendment ofthe Contract. 34.2   Except in case of Force Majeure,as provided under GCC Clause 32, a delay by the Supplier in the performance of its Delivery and Completion obligations shall renderthe Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 26, unless an extension of time is agreed upon,pursuant to GCC Sub-Clause 34.1. 35. Termination 35.1   Termination forDefault (a)           The Purchaser, without prejudice to any other remedy for breach ofContract, by written notice of defaultsent to the Supplier, may terminate the Contract in whole or in part:(i)          if the Supplier fails to deliver any or all of the Goodswithin the period specified in the Contract, or within any extension thereof granted by the Purchaser pursuant to GCC Clause 34;(ii)        if the Supplier fails to perform any other obligation underthe Contract;or(iii)      if theSupplier, inthe judgment of the Purchaser has engaged in fraud and corruption, asdefined in GCC Clause 3, in competing for or inexecuting the Contract.(b)          Inthe event the Purchaser terminates the Contract in whole or in part, pursuant to GCC Clause 35.1(a), thePurchaser may procure, upon such terms and in such manner as it deems appropriate, Goods or Related Services similar to thoseundelivered or not performed, and the Supplier shall be liable to the Purchaser for any additional costs for such similar Goods orRelated Services.  However, the Supplier shallcontinue performance of the Contract to the extent not terminated. 35.2   Termination for Insolvency. (a)           The Purchaser may at any time terminate the Contract by giving notice to the Supplier if the Supplier becomesbankrupt or otherwise insolvent.  In suchevent, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect anyright of action or remedy that has accrued or will accrue thereafter to thePurchaser 35.3   Termination forConvenience. (a)           The Purchaser, by notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time forits convenience.  The notice of terminationshall specify that termination is forthe Purchaser's convenience, the extent to which performance of the Supplier under theContract is terminated, and the date upon which suchtermination becomeseffective.(b)          TheGoods that are complete and ready for shipment within twenty-eight (28) days after the Supplier's receipt ofnotice of termination shall beaccepted by the Purchaser at the Contract terms and prices.  For the remaining Goods, the Purchaser may elect:(i)           to have any portion completed and delivered at the Contractterms and prices; and/or(ii)         to cancel the remainder and pay to theSupplier an agreed amount for partially completed Goods and Related Services and for materials and parts previously procured by theSupplier. 36. Assignment 36.1   Neither the Purchaser nor theSupplier shall assign, in whole or in part, their obligations under this Contract, except with priorwritten consent of the otherparty. 37. ExportRestriction 37.1   Notwithstanding any obligation underthe Contract to complete all export formalities, any export restrictions attributable to the Purchaser, to the country of thePurchaser, or to the use of the products/goods, systemsor services to be supplied, which arise from trade regulations from acountrysupplying those products/goods, systems or services, and which substantially impede the Supplier from meeting its obligationsunderthe Contract, shall release the Supplier from the obligation to provide deliveries or services, always provided, however, thatthe Suppliercan demonstrate to the satisfaction of the Purchaser and of the Bank that it has completed all formalities in a timelymanner, including applying for permits, authorizations and licenses necessary for the export of the products/goods, systems orservices under the terms of the Contract.  Termination of the Contract on this basis shall be for the Purchaser's convenience pursuant to Sub-Clause35.3. APPENDIX TO GENERALCONDITIONS Bank's Policy- Corrupt and FraudulentPractices (text in this Appendix shall not bemodified) Guidelines for Procurement of Goods, Works, and Non-Consulting Services under IBRD Loans andIDA Credits & Grants by World Bank Borrowers, dated January 2011: "Fraud and Corruption: 1.16  It is the Bank's policy to require thatBorrowers (including beneficiaries of Bank loans),bidders, suppliers, contractors and their agents (whether declared ornot),sub-contractors, sub-consultants, service providers or suppliers, and any personnel thereof, observe the highest standard of ethicsduring the procurement and execution of Bank-financed contracts.[10] In pursuance of this policy, the Bank: (a)     defines, for the purposesof this provision, the terms set forth below as follows: (i)         "corrupt practice" is the offering, giving,receiving, or soliciting, directly or indirectly, of anything of valueto influence improperly the actions of anotherparty;[11]; (ii)        "fraudulent practice" is any act or omission, including amisrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit orto avoid an obligation;[12] (iii)       "collusive practice" is an arrangement between two or moreparties designed to achieve an improper purpose, including to influence improperly the actions of anotherparty;[13] (iv)       "coercive practice" is impairing or harming, or threatening toimpair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of aparty;[14] (v)        "obstructive practice" is: (aa)      deliberately destroying, falsifying, altering, or concealing ofevidence material to the investigation or making false statements to investigators in order to materially impede a Bankinvestigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing orintimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing theinvestigation, or (bb)      acts intended to materiallyimpede the exercise of the Bank's inspection and audit rightsprovided for under paragraph 1.16(e)below. (b)     will reject a proposalfor award if it determines that the bidder recommended for award, or any of its personnel, or its agents, or its sub-consultants,sub-contractors, service providers, suppliers and/or theiremployees, has, directly or indirectly, engaged in corrupt, fraudulent,collusive, coercive, or obstructive practices in competing for the contract inquestion; (c)     will declaremisprocurement and cancel the portion of the loan allocated to a contract if it determines at any time that representatives of theBorrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, orobstructive practices during the procurement or the implementation of the contract in question, without the Borrower having takentimely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to informthe Bank in a timely manner at the time they knew of the practices; (d)    will sanction a firm orindividual, at any time, in accordance with the prevailing Bank's sanctions procedures,[15] including by publicly declaring suchfirm orindividual ineligible, either indefinitely or for a stated period of time: (i) to be awarded a Bank-financed contract; and(ii) to be a nominated[16]; (e)     will require that aclause be included in bidding documents and in contracts financed by a Bank loan, requiring bidders, suppliers and contractors, andtheir sub-contractors, agents, personnel, consultants, service providers, or suppliers, to permit the Bank to inspect all accounts,records, and other documents relating to the submission of bids andcontract performance, and to have them audited by auditorsappointed by the Bank." . Section IX.  Special Conditions ofContract The following Special Conditions ofContract (SCC) shall supplement and / or amend the General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC. [The Purchaser shall select insert theappropriate wording using the samples below or other acceptable wording, and delete the text initalics] GCC 1.1(i) The Purchaser'scountryis: Islamic Republic ofAfghanistan GCC 1.1(j) The Purchaseris: Ministry of Agriculture, Irrigation andLivestock Kabul, Afghanistan GCC 1.1 (o) The Project Site(s)/Final Destination(s) are: CIP to Center Region, East Region, WestRegion, South Region and North and East Regions According to following list. Custom clearance and custom payment will beresponsibility of the purchaser: Sr. No Region Wise Delivery of MiniTractors Quantity 1 Center Region (Parwan Warehouse) 80 2 East Region 20 3 West Region 20 4 South Region 10 5 North and North East Regions 70 GCC 4.2 (a) The meaning ofthe trade terms shall be as prescribed by Incoterms. GCC 4.2 (b) The versionedition of Incoterms shall be 2010 GCC 5.1 The languageshall be:  English GCC 8.1 For notices, the Purchaser's address shallbe: Attention:Project Director of NHLP Street Address:Ministry of Agriculture, Irrigation and Livestock Jamal Mina Kabul University Road KabulAfghanistan Floor/ Roomnumber: Ever Green (Hamesha Bahar) Building ThirdFloor NHLP MeetingHall City: Kabul Country: Afghanistan Telephone:+ 93 (0) 202511903, 0093(0)202511905] Electronic mailaddress: sankark1950@gmail.com, ahmadi.nooragha@gmail.com  or nhlp.procurement@gmail.com GCC 9.1 The governinglaw shallbe the law of: Islamic Republicof Afghanistan GCC 10.2 The rules of procedure for arbitration proceedings pursuant to GCC Clause 10.2 shall be asfollows: [The bidding documents should contain one clause tobe retained in the event of a Contract with a foreign Supplier and one clause to be retained in the event of a Contract with aSupplier who is a national of the Purchaser's country.  At the timeof finalizing the Contract, the respective applicable clause should be retained in the Contract.  The following explanatory note should therefore be inserted as a header to GCC10.2 in the bidding document. "Clause 10.2 (a) shall be retained in the case of aContract with a foreign Supplier and clause 10.2 (b) shall be retained in the case of a Contract with a national of the Purchaser'scountry."] (a)     Contract with foreignSupplier: [For contracts entered into with foreign suppliers, International commercial arbitration mayhave practical advantages over other dispute settlement methods.  The World Bank should not be named as arbitrator, nor should it be asked to name an arbitrator.  Among the rules to govern the arbitration proceedings, thePurchasermay wish to consider the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules of 1976, theRules of Conciliation and Arbitration of the International Chamber of Commerce (ICC), theRules of the London Court of InternationalArbitration or the Rules of Arbitration Institute of the Stockholm Chamber of Commerce.] If thePurchaser chooses the UNCITRAL Arbitration Rules, the following sample clause should beinserted: GCC 10.2(a)?Any dispute, controversy or claim arising out of or relating to this Contract,or breach, termination or invalidity thereof,shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present inforce. If the Purchaser chooses the Rules of ICC, thefollowing sample clause should be inserted: GCC 10.2(a)?All disputes arising in connection with the present Contract shall be finally settled under the Rules of Conciliation andArbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with saidRules. If the Purchaser chooses the Rules of ArbitrationInstitute of Stockholm Chamber of Commerce, thefollowing sample clause should be inserted: GCC 10.2  (a)?Any dispute, controversy or claim arising out of or in connectionwith this Contract, or the breach termination or invalidity thereof, shall be settled by arbitration in accordance with the Rulesof the Arbitration Institute of the Stockholm Chamber of Commerce. If the Purchaser chooses the Rules of the London Court of International Arbitration, the followingclause should be inserted: GCC 10.2(a)?Any dispute arising out of or in connection with this Contract, including any question regarding its existence, validity ortermination shall be referred to and finally resolved by arbitration under the Rules of the London Court of InternationalArbitration, which rules are deemed to be incorporated by reference to this clause. (b)     Contracts with Supplier national ofthe Purchaser's country: In the case of a dispute between the Purchaser and a Supplier who is a national of thePurchaser's country, the disputeshall be referred to adjudication or arbitration in accordance with the laws of the Purchaser'scountry. GCC 13.1 Details of Shipping and other Documents tobe furnished by the Supplier are (i) One originals of theSupplier's invoice, showing Purchaser, the Contract number, Goods' description,quantity, unit price, and total amount. Invoices must be signed inoriginal and stamped or sealed with the company stamp/seal; (ii) one copy of delivery note, showing Purchaser as Ministry of Agriculture and Irrigation, Kabul, Islamic Republicof Afghanistan and delivery through to final destination as stated in theContract; (iii) One original of the manufacturer's or Supplier's Warranty Certificate for itemssupplied; (vi) Original copy of the Certificateof Inspection furnished to Supplier by the nominated inspection agency for goods supplied. The above documents shall be received by the Purchaser before arrivalof the Goods and, if not received, the Supplier will be responsible for any consequentexpenses. Note:In the event that the documents presented by the Supplier are not in accordance with theContract, then payment will bemade against issue of the Acceptance Certificate. GCC 15.1 The pricescharged for the Goods supplied and the related Services performed shall not beadjustable. GCC 16.1 Sampleprovision GCC 16.1?The method and conditions of payment tobe made to the Supplier under this Contractshall be as follows: Payment for Goods supplied fromabroad: Payment of foreign currency portion shall be made in (                                                                                                           ) [currency of the ContractPrice] in the following manner: (i)      Advance Payment:  Ten (10) percent of the Contract Price shall be paid within thirty (30)days of signing of the Contract, and upon submissionof claim and a bank guarantee for equivalent amount valid until the Goods aredelivered and in the form provided in the bidding documents. (ii)     On Shipment:  Ninety ( 80) percent of the Contract Price of the Goods shippedshall be paid throughirrevocable confirmed letter of credit opened in favor of the Supplier in a bank in its country, upon submission of documentsspecified in GCC Clause 12. (iii)    On Acceptance:  The balance Ten (10) percent of the Contract Price  for the Goods received shall be paid within thirty(30) daysof receipt of the Goods upon submission of claim supported by the acceptance certificate issued by thePurchaser. Payment of local currency portion shall be made in Afghani    [currency] within thirty (30) days of presentation of claim supported by acertificate from the Purchaser declaring that the Goods have been delivered and that all other contracted Services have beenperformed. Payment for Goods and Services supplied from within the Purchaser'scountry: Payment for Goods and Services supplied from within the Purchaser's country shall be made in _____[currency], asfollows: (i)      Advance Payment:  Ten (10) percent of the Contract Price shall be paid within thirty (45)days of signing of the Contract against a simple receipt and a bank guarantee for the equivalent amount and in the form provided inthe bidding documents or another form acceptable to the Purchaser. (ii)     On Delivery:  Ninety (80) percent of the Contract Price shall be paid on receipt of the Goods andupon submission of the documents specified in GCCClause 13. (iii)    On Acceptance: The remaining ten (10) percent of the Contract Price shall be paid to the Supplier within thirty(45) days after the date of the acceptance certificate for the respective delivery issued by thePurchaser. GCC 16.5 Thepayment-delay period after which the Purchaser shall pay interest to the supplier shall be 60days. GCC 18.1 A PerformanceSecurity shall be required The amount of the Performance Securityshall be: 10 % (Ten) percent of the total Contract Price. GCC 18.3 If required,the Performance Security shall be in the form of :  Bank Guarantee from a reputed bank from purchaser's country orsupplier's country. If it is from supplier's country, it shall be confirmed by the bank in Afghanistan or a bank acceptable to thepurchaser. The foreign bank should havean intermediary bank in Afghanistan. If required,the Performance security shall be denominated in local currency orany other currencyfreely convertible and acceptable to the Purchaser. GCC 18.4 Discharge ofthe Performance Security shall take place: as per the clause GCC18.4 GCC 23.2 The packing,marking and documentation within and outside the packages shall be:  Contract No.MAIL/ARTF/NHLP/ICB/Cont.--------- Purchaser.   Ministry ofAgriculture, Irrigation and Livestock, IslamicRepublic of Afghanistan. Consignee: Project Director, NHLP Ministry of Agriculture, Irrigation and Livestock Islamic Republic of Afghanistan Kabul, Afghanistan Contact Person: Mr. Nooragha Ahmadi acting Senior ProcurementSpecialist Telephone: + 93 (0) 202511903,0093(0) 202511905 Email: ahmadi.nooragha@gmail.com, sankarak1950@gmil.com orusman.safi@mail.gov.af GCC 24.1 The insurancecoverage shall be as specified in the Incoterms. If not inaccordance with Incoterms, insurance shall be as follows: GCC 24.1?The Insurance shall bein an amount equalto 110 percent of the total contract price of the Goods from "warehouse" to "Till Acceptance of goods at thefinal destination" on "All Risks" basis, including War Risks and Strikes. GCC 24.2       Add GCC Clause 24.2 as under: GCC 24.2       Should any loss or damage occur, the Supplier shall a)        initiate and pursue claim tillsettlement on behalf of purchaser, and b)            promptly make arrangements forrepair and/or replacement of any damage GCC 25.1 Responsibilityfor transportation of the Goods shall be as specified in the Incoterms. The Supplier is required under the Contract to transport the Goods to the specifiedplace of final destination within the Purchaser's country, defined as the Project Site, transport to such place of destination inthe Purchaser's country, including insurance and storage, as shall be specified in the Contract, unloading of goods at destinationshall be arranged by the Supplier, and related costs is included in the Contract Price as detailed in the priceschedule. GCC 25.2 Incidental services to be provided are: Not Applicable GCC 26.1 The inspectionsand tests shall be: 1.      Visual inspection 2.      Inspection for any physical damage 3.      Warranty Certificate or any other relevant documents 4.      Manufacture Authorization certificate Inspection and testing may be carried out by the Authorized group ofRepresentative of the Client. In case thesupplied tractors to be used do not meet the required specifications, it will berejected. GCC 26.2 The Inspectionsand tests shall be conducted at: CIP to Charikar, Pul ?e- Khumri, Mazar ?e- Sharif, Jalalabad, Kandhar and HeratWarehouses of NHLP, Afghanistan GCC 27.1 The liquidateddamage shall be: 0.5% per week GCC 27.1 The maximumamount of liquidated damages shall be: 10% of the total contractamount. GCC 28.3 The period ofvalidity of the Warranty shall be:  365 days For purposes ofthe Warranty, the place(s) of final destination(s) shall be: CIP to Charikar, Pul ?e- Khumri, Mazar ?e- Sharif, Jalalabad, Kandharand Herat Warehouses of NHLP, Afghanistan Sampleprovision GCC 28.3?In partial modification of the provisions, the warranty period shall be? Hours of operation or 12 months from date of acceptance of the Goods or 24 months from the date of shipment, whichever occurs earlier.  The Supplier shall, in addition, comply with the performance and/or consumptionguarantees specified under the Contract.  If,for reasons attributable to the Supplier,these guarantees are not attained in whole or in part, the Supplier shall, at itsdiscretion, either: (a)     make such changes, modifications, and/or additions to the Goods or any part thereof as may be necessary in order to attainthe contractual guarantees specified in the Contract at its own cost and expense and to carry out further performance tests inaccordance with SCC 4, or (b)     pay liquidated damages to the Purchaser with respect to the failure to meet the contractual guarantees.  The rate of these liquidated damages shall be 0.5% per week. GCC 28.5 The period forrepair or replacement shall be: 30days. Attachment: Price Adjustment Formula (Not Applicable) If in accordance with GCC 15.1, prices shall be adjustable, the following method shall be used to calculate the priceadjustment: 15.1     Pricespayable to the Supplier, as stated in the Contract, shall be subject to adjustment during performance of the Contract to reflectchanges in the cost of labor and material components in accordance with the formula: P1 = P0 [a + bL1 + cM1] - P0 L0     M0 a+b+c = 1 in which: P1           =    adjustment amount payable to theSupplier. P0            =    Contract Price (baseprice). a             =    fixed element representing profits andoverheads included in the Contract Price and generally in the range of five (5) to fifteen (15)percent. b             =    estimated percentage of labor component in theContract Price. c             =    estimated percentage of material component inthe Contract Price. L0, L1      =   *labor indices applicable to the appropriate industry in the country of origin on the base date and datefor adjustment, respectively. M0, M1   =   *material indices for the major raw material on the base date and date for adjustment, respectively, inthe country of origin. The Bidder shallindicate the source of the indices and the base date indices in its bid. The coefficientsa, b, and c as specified by the Purchaser are as follows: a = [insertvalue of coefficient] b=  [insert value of coefficient] c=  [insert value of coefficient] Base date = thirty (30) days prior to the deadline for submission of the bids. Date of adjustment = [insert number of weeks] weeks prior to date of shipment(representing the mid-point of the period of manufacture). Theabove price adjustment formula shall be invoked by either party subject to the following furtherconditions: (a)     No price adjustment shall be allowed beyond the original delivery dates.  As a rule, no price adjustment shall be allowed for periods of delay for which theSupplier is entirely responsible.  ThePurchaser will, however, be entitled to any decrease in the prices of theGoods and Services subject toadjustment. (b)     If the currency in which the Contract Price P0 is expressed is differentfrom the currency of origin of the labor and material indices, a correction factor will be applied to avoid incorrect adjustmentsof the Contract Price.  The correction factorshall correspond to the ratio of exchange rates between the two currencies on the base date and the date for adjustment as definedabove. (c)     No price adjustment shall be payable on the portion of the Contract Price paid to the Supplier as advancepayment. Section X.  ContractForms This Section containsforms which, once completed, will form part of the Contract. The forms for Performance Security and Advance Payment Security, whenrequired, shall only be completed by the successful Bidder after contract award. TableofForms Letter of Acceptance.112 1. Contract Agreement113 2. Performance Security. 115 3. AdvancePayment Security. 119 Letter ofAcceptance [letterhead paper of the Purchaser] [date] To: [name and address of the Supplier] Subject: Notification of Award Contract No.  . . . . . . . . . . This is to notify you that your Bid dated . . . . [insert date] . . . .  for execution of the . . . . . . . . . .[insert name of the contractand identification number, as given in the SCC] . . . . . . . . . . forthe Accepted Contract Amount of . . . . . . . . .[insert amount in numbers and words and name ofcurrency], as corrected and modified in accordance with the Instructions toBidders is hereby accepted by our Agency. You are requested to furnish the Performance Security within 28 days in accordance with the Conditions ofContract, using for that purpose the of the Performance Security Form included in Section X, Contract Forms, of the BiddingDocument. AuthorizedSignature: Name and Title ofSignatory: Name of Agency: Attachment:  Contract Agreement Contract Agreement [The successfulBidder shallfill in this form in accordance with the instructions indicated] THIS  AGREEMENT made the [ insert: number ] day of  [ insert:  month ],[ insert:  year ]. BETWEEN (1)        [ insertcomplete name of Purchaser ], a [ insertdescription of type of legal entity, for example, an agency of the Ministry of .... of the Government of { insert name of  Country of Purchaser }, or corporation incorporatedunder the lawsof { insert name of  Country ofPurchaser } ] and having its principal place of business at [ insert address of Purchaser ] (hereinafter called "the Purchaser"), of the one part, and (2)        [ insert name ofSupplier ], acorporation incorporated under the laws of [ insert:  country of Supplier ] and having its principal place of business at [ insert:  address of Supplier ] (hereinafter called "the Supplier"), of the otherpart: WHEREASthe Purchaser invited bids for certain Goods and ancillary services, viz., [insert brief description of Goodsand Services] and has accepted a Bid by the Supplier for the supply of those Goods and Services The Purchaser and the Supplier agree as follows: 1.      In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contractdocuments referred to. 2.      The following documents shall be deemed to form and be read and construed as part of this Agreement.  This Agreement shall prevail over all other contractdocuments. (a)               the Letter of Acceptance (b)              the Letter of Bid (c)               the Addenda Nos._____ (if any) (d)              Special Conditions ofContract (e)               General Conditions ofContract (f)                the Specification (including Schedule of Requirementsand TechnicalSpecifications) (g)              the completed Schedules (including Price Schedules) (h)               any other document listed in GCC as formingpart of the Contract 3.      In consideration of the payments to be made by the Purchaser to the Supplier as specified in this Agreement,  the Supplier hereby covenants with the Purchaser to providethe Goods and Services and to remedy defects therein in conformity in all respects with the provisions of theContract. 4.      The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the Goods and Services and theremedying of defects therein, theContract Price or such other sum as may become payable under the provisions of the Contract at thetimes and in the manner prescribed by the Contract. IN WITNESS whereof the parties hereto havecausedthis Agreement to be executed in accordance with the laws of [insert the name of the Contract governing lawcountry] on the day, month and year indicated above. For and on behalf of thePurchaser Signed:   [insert signature] in the capacityof [ insert title orother appropriate designation ] in the presence of[insert identification of official witness] For and on behalf of theSupplier Signed:   [insert signature of authorized representative(s) of the Supplier] in the capacityof [ insert title orother appropriate designation ] in the presence of [insert identification of official witness] PerformanceSecurity Option 1: (BankGuarantee) [The bank, asrequested by thesuccessful Bidder, shall fill in this form in accordance with the instructions indicated] [Guarantor letterhead or SWIFT identifier code] Beneficiary:   [insert name and Address of Purchaser ] Date:   _ [Insert date of issue] PERFORMANCE GUARANTEE No.:    [Insertguarantee reference number] Guarantor:  [Insert name and address of place of issue, unless indicated in the letterhead] Wehave been informed that _ [insert name of Supplier, which inthe case of a joint ventureshall be the name of the joint venture] (hereinafter called "the Applicant") has entered into Contract No.[insert reference number of the contract] dated [insert date] with the Beneficiary, for the supply of _[insert name of contract and brief description of Goods andrelated Services] (hereinafter called "the Contract"). Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee isrequired. Atthe request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums notexceeding in total an amount of [insertamount infigures] (                   ) [insert amount in words],1 such sum being payable in the types and proportions of currencies in whichthe Contract Price is payable, upon receipt by us of the Beneficiary's complying demand supported by the Beneficiary's statement,whether in the demanditself or in a separate signed document accompanying or identifying the demand, stating that the Applicant isin breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds for your demand orthe sum specified therein. This guarantee shall expire, no later than the ?. Day of ??, 2? 2, and any demand for payment under it must be received by us at this officeindicated above on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, exceptthat the supportingstatement under Article 15(a) is hereby excluded. _____________________ [signature(s)] Note:  Allitalicized text (including footnotes) is for use in preparing this form and shall be deleted from the finalproduct. Option 2: PerformanceBond By this Bond [insert name of Principal] as Principal (hereinafter called "theSupplier") and [insert name of Surety] as Surety (hereinafter called "the Surety"),are held and firmly bound unto [insert name of Purchaser] as Obligee (hereinaftercalled "the Supplier") in the amount of [insert amount in words and figures], forthe payment of which sum well and truly to be made inthe types and proportions of currencies in which the Contract Price ispayable, the Supplier and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly andseverally, firmly by these presents. WHEREAS the Contractor has entered into a written Agreement with the Purchaserdated the      day of                     , 20                                         , for [name of contract and brief description of Goods and related Services]in accordance with the documents, plans, specifications, and amendments thereto, which to the extent herein provided for, are byreference made part hereof and are hereinafter referred to as the Contract. NOW, THEREFORE, the Condition of this Obligation is such that, if the Supplier shall promptly and faithfullyperform the said Contract (including any amendments thereto), then this obligation shallbe null and void; otherwise, it shallremain in full force and effect. Whenever the Supplier shall be, and declared by the Purchaser to be,in default under the Contract,the Purchaser having performed the Purchaser's obligations thereunder, the Surety may promptly remedy the default, or shallpromptly: (1)     complete the Contract in accordance with its terms andconditions;or (2)     obtain a Bid or bids from qualified Bidders for submission to the Purchaserfor completing the Contract in accordance with its terms andconditions, and upon determination by the Purchaser and the Suretyofthe lowest responsive Bidder, arrange for a Contract between such Bidder and Purchaser and make available as work progresses(even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged underthis paragraph) sufficientfunds to pay the cost of completion less the Balance of the Contract Price; but not exceeding, includingother costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraphhereof.  The term "Balance of the ContractPrice," as used in this paragraph, shall mean the total amount payable byPurchaser to Supplier under the Contract, less the amountproperly paid by Purchaser to Contractor; or (3)     pay the Purchaser the amount required by Purchaser to complete theContractin accordance with its terms and conditions up to a total not exceeding the amount of thisBond. The Surety shall not be liable for a greater sum than thespecified penalty of thisBond. Any suit under this Bond must be instituted before the expiration of one year from the date of the issuingof the Taking-Over Certificate. No right of action shall accrue on this Bond to or for the use of any person or corporation other than thePurchaser named herein or the heirs, executors, administrators, successors, and assigns ofthePurchaser. In testimony whereof, the Supplier has hereunto sethis hand and affixed his seal, and the Surety has caused these presents to be sealed with his corporate seal duly attested by thesignature of his legal representative, this                                                                                           day of                                      20      . SIGNED ON                                       on behalf of By                                                              in the capacity of In the presence of SIGNED ON                                       on behalf of By                                                              in the capacity of In the presence of AdvancePayment Security [Guarantor letterhead or SWIFT identifier code] Beneficiary: [Insert name and Address of Purchaser] Date:   [Insert date ofissue] ADVANCE PAYMENT GUARANTEE No.:      [Insert guarantee reference number] Guarantor:  [Insert name and address of place of issue, unless indicated in the letterhead] Wehave been informed that [insert name of Supplier, which in the case of a jointventure shall be the name of the joint venture] (hereinafter called"the Applicant") has entered intoContract No. [insert reference number of the contract] dated [insert date] withthe Beneficiary,for the execution of [insert name of contract and brief description ofGoods and related Services] (hereinafter called "the Contract"). Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum [insert amount in figures] () [insert amount in words] is to be made against an advance paymentguarantee. Atthe request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums notexceeding in total an amount of [insert amount in figures] (                   ) [insert amount in words]1 upon receipt by us of the Beneficiary's complying demand supported by theBeneficiary's statement, whether in the demand itself or ina separate signed document accompanying or identifying the demand,stating either that the Applicant: (a)         hasused the advance payment for purposes other than toward delivery of Goods; or (b)        hasfailed to repay the advance payment in accordance with the Contract conditions, specifying the amount which the Applicant hasfailed torepay. A demand under this guarantee may bepresented as from the presentation to the Guarantor of a certificate from theBeneficiary's bank stating that the advance paymentreferred to abovehas been credited to the Applicant on its account number [insertnumber] at  [insert name and address of Applicant's bank]. The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by theApplicant as specified in copies of interim statements or payment certificates which shall bepresented to us. This guarantee shallexpire, at the latest, upon ourreceipt of a copy of the interim payment certificate indicating that ninety (90) percent of theAccepted Contract Amount, has been certified for payment, or on the [insertday] day of [insert month], 2 [insert year], whichever isearlier.  Consequently, any demand for payment underthis guarantee must be received by us at this office on or before thatdate. This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No.758, exceptthat the supporting statement under Article 15(a) is hereby excluded. . ____________________ [signature(s)] Note:  Allitalicized text (including footnotes) is for use in preparing this form and shall be deleted from the finalproduct. Invitation for Bids(IFB) Islamic republic of Afghanistan Ministry of Agriculture, Irrigation and Livestock NationalHorticulture and Livestock Project (NHLP) INTERNATIONAL COMPETITIVE BIDDING Afghanistan National Horticulture and Livestock(NHLP) Grant No: TF 013820 and Project ID:P143841 PROCUREMENT of goods forsupply of mini tractor 15 hp for horticulture compnent of nhlp/mail Reference No. G.532 IFB No. MAIL/ARTF/NHLP/ICB ?4400/G.532 Date of Issuance: May 2, 2016 Pre Bid Meeting: May 20, 2016 - 10:00 AM Kabul LocalTime Date of Closing: June 15, 2016 at 02:00 PM Kabul LocalTime Procurement Plan reference no. G.532 1.         The Ministry of Agriculture, Irrigation and Livestock has received financing from the World Bank toward the cost of the National Horticulture and Livestock Project, and intends toapply part of the proceeds toward payments under the contract [17]for PROCUREMENT of goods for supply of  200 mini tractor with a capacity of  15 hp for horticulture compnentof nhlp/mail [18]. 2.         TheMinistry of Agriculture, Irrigation andLivestock now invites sealed bids from eligible bidders for procurement of Mini Tractors, 200 numbers,CIP = 80 to bedeliver to Parwan warehouse, 20 to bedeliver to Jalalabad warehouse,20 to be deliver to Herat warehouse, 10 to be deliver to Kandhar warehouse and 70 to be deliver toPuli ?e- Khumri warehouse[19]. 3.         Bidding will be conducted through the InternationalCompetitive Bidding procedures as specified in the World Bank's Guidelines: Procurement of Goods, Works and Non-Consulting Services under IBRD Loans and IDA Credits &Grants by World Bank Borrowers  [insert correct titleand date of applicable Guidelines edition as per legal agreement dated January 2011 as amended from time to time] ("Procurement Guidelines"), and is open to all eligible bidders as defined in the Procurement Guidelines. In addition,please refer to paragraphs 1.6 and 1.7 setting forth the World Bank's policy on conflict of interest. 4.         Interested eligible bidders mayobtain further information from Ministry of Agriculture,Irrigation and Livestock Project, Mr. Nooagha Ahmadi ahmadi.nooragha@gmail.com , sankark1950@gmail.com  and inspect the bidding documents during office hours  0800 to 1600hours] on all working days at the address given below Ministry of Agriculture, Irrigation and Livestock,National Horticulture and Livestock Project (NHLP), Procurement Unit of NHLP, Jamal Mina, Kabul University MainRoad Kabul,Afghanistan 5.         A complete set of bidding documents in English may be down loaded by interested eligible bidders   Fromwww.mail.gov.af  free of cost. 6.         Bidsmust be delivered to the address below on or before  June 15, 2016 at 02:00 PM Kabul local time. Electronic bidding will not bepermitted. Late bids will berejected. Bids will be publicly opened in the presence of the bidders' designated authorisedrepresentatives and anyone who chooseto attend at the address below. 7.         Allbids must be accompanied by a bid security amount USD-45,000 for valid up to 148 daysfrom the date of opening of the bid . 8.         The address(es) referred to above is(are): Ministry of Agriculture, Irrigation and Livestock National Horticulture and Livestock Project (NHLP) Procurement Unit ofNHLP Jamal Mina, Kabul University MainRoad Kabul,Afghanistan Telephone: + 93 (0) 202511903, 0093(0) 202511905 Email: ahmadi.nooragha@gmail.com or sankark1950@gmail.com [1]  Bidder to use as appropriate [2]       Theamount of the Bond shall bedenominated in the currency of the Purchaser's country or the equivalent amount in a freely convertiblecurrency. [3]       In thiscontext, any action to influence the procurement process or contract execution for undue advantage is improper. [4]       For the purpose ofthis sub-paragraph, "another party" refers to a public official acting in relationto the procurement process or contract execution. In this context, "public official"includes World Bank staff and employees of otherorganizations taking or reviewing procurementdecisions. [5]       For the purpose ofthis sub-paragraph, "party" refers to a public official; the terms "benefit" and "obligation" relateto the procurement process orcontract execution; and the "act or omission" is intended to influence the procurement process or contractexecution. [6]       Forthe purpose of thissub-paragraph, "parties" refers to participants in the procurement process (including public officials) attempting eitherthemselves, or through another person or entity not participating in the procurement or selection process, to simulate competitionor to establish bid prices at artificial, non-competitive levels, or are privy to each other's bid prices or otherconditions. [7]       Forthe purpose of thissub-paragraph, "party" refers to a participant inthe procurement process or contract execution. [8]       A firm or individual may bedeclared ineligible to be awarded a Bank financed contract upon: (i) completion of the Bank's sanctions proceedingsas per itssanctions procedures, including, inter alia, cross-debarment as agreed with other International Financial Institutions, includingMultilateral Development Banks, and through the application the World Bank Group corporate administrative procurement sanctionsproceduresfor fraud and corruption; and (ii) as a result of temporary suspension or early temporary suspension in connection withan ongoing sanctions proceeding. See footnote 14 and paragraph 8 of Appendix 1 of theseGuidelines. [9]       A nominated sub-contractor,consultant, manufacturer or supplier, or service provider (different names are used depending on the particular bidding document)is one which has either been: (i) included by the bidder in its pre-qualification application or bid because it brings specific andcritical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii)appointed by the Borrower. [10]     In this context, any actionto influence the procurement process or contract execution for undue advantage is improper. [11]     For the purpose of thissub-paragraph, "another party" refers to a public official acting in relation to theprocurement process or contract execution. In this context, "public official"includes World Bank staff and employees of other organizations taking or reviewing procurementdecisions. [12]     For the purpose of thissub-paragraph, "party" refers to a public official; the terms "benefit" and "obligation" relate to the procurement process orcontract execution; and the "act or omission" is intended to influence the procurement process or contractexecution. [13]     For the purpose of this sub-paragraph,"parties" refers to participants in the procurement process (including public officials) attempting either themselves, or throughanother person or entity not participating in the procurement or selection process, to simulate competition or to establish bidprices at artificial, non-competitive levels, or are privy to each other's bid prices or otherconditions. [14]     For the purpose of this sub-paragraph, "party"refers to a participant in the procurement process or contract execution. [15]     A firm or individual may be declared ineligibleto be awarded a Bank financed contract upon: (i) completion of the Bank's sanctions proceedings as per its sanctions procedures,including, inter alia, cross-debarment as agreed with other International Financial Institutions, including MultilateralDevelopment Banks, and through the application the World Bank Group corporate administrative procurement sanctions procedures forfraud and corruption; and (ii) as a result of temporary suspension or early temporary suspension in connection with an ongoingsanctions proceeding. See footnote 14 and paragraph 8 of Appendix 1 of these Guidelines. [16]     A nominatedsub-contractor, consultant,manufacturer or supplier, or service provider (different names are used depending on the particular bidding document) is one whichhas either been: (i) included by the bidder in itspre-qualification application or bid because it brings specific and criticalexperience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed bythe Borrower. 1       The Guarantor shall insert an amount representing thepercentage of the Accepted Contract Amount specified in the Letter of Acceptance, and denominated either in the currency(ies) ofthe Contract ora freely convertible currency acceptable to the Beneficiary. 2      Insert the date twenty-eight days after the expected completiondate as described in GC Clause18.4. The Purchaser should note that in the event ofan extension of this date for completion of the Contract, the Purchaser wouldneed to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in theguarantee. In preparing this guarantee, the Purchaser might consider adding the following text to the form, at the end of thepenultimate paragraph:  "The Guarantor agreesto a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Beneficiary'swritten request for such extension, such request to be presented to the Guarantor before the expiry of theguarantee." 1       The Guarantor shallinsert an amount representing the amount of the advance payment and denominated either in the currency(ies) of the advance paymentas specified in the Contract, or in a freely convertible currency acceptable to thePurchaser. [17]     Substitute "contracts" where bids are called concurrently for multiple contracts. Add anew para. 3 and renumber paras 3 - 8 as follows: "Biddersmay bid for one or several contracts, as further defined in the biddingdocument.  Bidders wishing to offer discounts in case they areawarded more than one contract will be allowed to do so, provided those discounts are included in the Letter ofBid." [18]     Insert if applicable: "This contract will be jointly financed by [insert name of cofinancing agency]. Bidding process willbe governed by the World Bank's rules and procedures." [19]    A brief description of the type(s) of Goods should be provided,including quantities, location of Project, delivery/construction period, application of margin of preference and other informationnecessary to enable potential bidders to decide whether or not to respond to the Invitation. Bidding Documents may require bidders to havespecific experience or capabilities; such qualification requirements shouldalso be included in this paragraph.

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Fact Sheet

Project ID
P143841
Project Title
Natl Horticulture & Livestock Project
Country
Afghanistan
Team Leader
Alamzai, Amanullah
Notice No
OP00037303
Notice Type
Invitation for Bids
Notice Status
Published
Borrower Bid Reference
MAIL/ARTF/NHLP/ICB ? 4400/G.532
Procurement Method
International Competitive Bidding
Language of Notice
English
Submission Deadline Date/Time
June 15, 2016  02:00
Published Date
April 28, 2016
Organization/Department
Ministry of Agriculture, Irrigation and Livestock
Name
Nooragha Ahmadi
Address
Jamal Mina, Kabul University Main Road
City
Kabul
Province/State
Afghanistan
Country
Afghanistan
Phone
020251190
Email
ahmadi.nooragha@gmail.com

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