Invitation for Bids (IFB) “JSDF Grant for Local Level Nutrition Intervention for Northern Province project ”TF097171 Procurement of Supplementary food Ref No. JSDF/NUT/NP/GOOD /13 Date: ……………….. 1. The Democratic Socialist Republic of Sri Lanka has received a Grant from the Japan Social Development Fund (JSDF) managed by the World Bank toward the cost of Local Level Nutrition Intervention for Northern Province project and it intends to apply part of the proceeds of this Grant to payments under the contract for Procurement of Supply of Supplementary food. 2. The Chairman, Governor Appointed Procurement Committee of the Northern Province on behalfof the Secretary, Ministry of Health & Indigenous Medicine, Northern Province, now invites sealed bids from eligible suppliers for supply of supplementary food for children, pregnant and lactating mothers of the Northern Province. 3. Bidding will be conducted through the National Competitive Bidding (NCB) procedure and are open to all bidders from Eligible Source Countries as defined in the World Bank Guidelines. 4. Interested eligible Bidders may obtain further information from Ministry of Health and Indigenous Medicine, Northern Province (021 222 0801, [email protected])and inspect the bidding documents at the address given below during the office hours.5. A complete set of Bidding Document in English language may be purchased by interested Bidders from 09.00 hours to 15.00 hours on Mondays to Fridays inclusive except on public holidays on the submission of a written application to the address given below and upon payment of a non- refundable fee of Rupees 2,000/=. A cash payment shall be made to the cashier. 6. All bids must be accompanied by a bid security of Rs. 250,000 in the format provided in the bidding document. 7. All bids in one original and a copy, properly filled in, and enclosed in plain envelopes must be delivered by registered post or deposited in the Bid box kept at Chief Accountant ’s Room to the address of Ministry of Health and Indigenous Medicine , Health Village, Pannai, Jaffna at or before 15.00 hours of 30 th March 2012. The top of the left hand corner of the envelope should be marked “Procurement ofSupplementary Food (JSDF/NUT/NP/GOOD/13)”. Opening on 30 th March 2012 (15.00 hours) immediately thereafter . Late bids will be rejected. 8. Bids will be opened promptly thereafter in the presence of Bidder ’s representatives who choose to attend in the opening. Chief Secretary For Contacts: & Chairman–GAPC Chief Accountant, Northern Province Ministry of Health & Indigenous Medicine, 187, Adiyapatham Road, Northern Province, Thirunelvely, Health Village, Jaffna. Pannai ,Jaffna, Telephone : 021 222 0843 Sri Lanka. Telephone: 021 222 0801 Fax: 021 222 0806 E mail:[email protected]
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8/2/2019 Ministry of Health and Indigenous Medicine IFB 2012 - Procurement of supplementary food
1.1 the Secretary, Ministry of Health & Indigenous Medicine, Northern Province
(The Purchaser) issues these bidding documents for supply of supplementary
food and related services Section III, Schedule of Requirement and Technical
Specifications.
1.2 Throughout these Bidding Documents:
(a) the term “in writing” means communicated in written form with proof of receipt;
(b) if the context so requires, “singular” means “plural” and vice versa; and
(c) “day” means calendar day.
Source of
Funds
2.1 The Democratic Socialist Republic of Sri Lanka has received a Grant from the
Japan Social Development Fund (JSDF) managed by the World Bank toward the
cost of Local Level Nutrition Intervention for Northern Province project and it
intends to apply part of the proceeds of this Grant to payments under the contract
for Procurement of supplementary food for children, pregnant and lactating
mothers of the Northern Province.
Fraud and
Corruption
3.1 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank
loans), as well as bidders, suppliers, and contractors and their agents (whether
declared or not), personnel, subcontractors, sub-consultants, service providers and
suppliers under Bank-financed contracts, observe the highest standard of ethics
during the procurement and execution of such contracts.1
In pursuance of this
policy, the Bank:
(a) defines, for the purposes of this provision, the terms set forth below as
follows:
(i) “corrupt practice” is the offering, giving, receiving or soliciting,
directly or indirectly, of anything of value to influence improperly
the actions of another party2;
1 In this context, any action taken by a bidder, supplier or their employees to influence the procurement process
or contract execution for undue advantage is improper.2
“ Another party” refers to a public official acting in relation to the procurement process or contract execution.In this context, “public official” includes World Bank staff and employees of other organizations taking or
reviewing procurement decisions.
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(ii) “fraudulent practice” is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit or
to avoid an obligation3;
(iii) “collusive practice” is an arrangement between two or more
parties4
designed to achieve an improper purpose, including to
influence improperly the actions of another party;
(iv) “coercive practice” is impairing or harming, or threatening to
impair or harm, directly or indirectly, any party or the property of
the party to influence improperly the actions of a party5;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false
statements to investigators in order to materially impede a
Bank investigation into allegations of a corrupt, fraudulent,
coercive or collusive practice; and/or threatening, harassing
or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from
pursuing the investigation; or
(bb) acts intended to materially impede the exercise of the Bank’s
inspection and audit rights provided for under sub-clause 3.2
below.
(b) will reject a proposal for award if it determines that the bidder
recommended for award has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, coercive or obstructive practices incompeting for the contract in question;
(c) will cancel the portion of the loan allocated to a contract if it
determines at any time that representatives of the Borrower or of a
beneficiary of the loan engaged in corrupt, fraudulent, collusive, or
coercive practices during the procurement or the execution of that
contract, without the Borrower having taken timely and appropriate
action satisfactory to the Bank to address such practices when they
occur; and
(d) will sanction a firm or an individual, at any time, in accordance with
prevailing Bank’s sanctions procedures
a
, including by publicly
3 “ Party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or
contract execution; and the “act or omission” is intended to influence the procurement process or contract
execution. 4 “ Parties” refers to participants in the procurement process (including public officials) attempting to establ ish
bid prices at artificial, non- competitive levels.5 “ Party” refers to a participant in the procurement process or contract execution.
aA firm or an individual may be declared ineligible to be awarded a Bank-financed contract upon completion of
the Bank’s sanctions proceedings as per its sanctions procedures, including inter alia: (i) temporary suspension
in connection with an ongoing sanctions proceeding; (ii) cross-debarment as agreed with other International
Financial Institutions, including Multilateral Development Banks; and (iii) the World Bank Group corporateadministrative procurement sanctions procedures for fraud and corruption.
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declaring such firm or individual ineligible, either indefinitely or for
a stated period of time:(i) to be awarded a Bank-financed contract;
and (ii) to be a nominatedb
subcontractor, consultant, manufacturer or
supplier, or service provider of an otherwise eligible firm being
awarded a Bank-financed contract.
3.2 In further pursuance of this policy, Bidders shall permit the Bank to inspect any
accounts and records and other documents relating to the Bid submission and
contract performance, and to have them audited by auditors appointed by the
Bank.
Eligible
Bidders
4.1 A Bidder, and all parties constituting the Bidder, may have the nationality of any
country, subject to the restrictions specified in Section IV, Eligible Countries. A
Bidder shall be deemed to have the nationality of a country if the Bidder is acitizen or is constituted, incorporated, or registered and operates in conformity
with the provisions of the laws of that country. This criterion shall also apply to
the determination of the nationality of proposed subcontractors or suppliers for
any part of the Contract including Related Services.
4.2 A Bidder shall not have a conflict of interest. All bidders found to have conflict
of interest shall be disqualified. Bidders may be considered to have a conflict of
interest with one or more parties in this bidding process, if they:
(a) are or have been associated in the past, with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting servicesfor the preparation of the design, specifications, and other documents to be
used for the procurement of the goods to be purchased under these
Bidding Documents ; or
(b) Submit more than one bid in this bidding process. .
4.3 A firm that has been sanctioned by the Bank in accordance with the above ITB
Clause 3.1 (d), or in accordance with the Bank’s Guidelines on Preventing and
Combating Fraud and Corruption in Projects Financed by IBRD Loans and IDA
Credits and Grants, shall be ineligible to be awarded a Bank-financed contract, or
benefit from a Bank-financed contract, financially or otherwise, during suchperiod of time as the Bank shall determine. The list of debarred firms is available
at http://www.worldbank.org/debarr
4.4 Sri Lankan Government-owned enterprises shall be eligible only if they can
establish that they (i) are legally and financially autonomous, (ii) operate under
commercial law, and (iii) are not a dependent agency of the Purchaser.
bA nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are
used depending on the particular bidding document) is one which either has been: (i) included by the bidder in
its pre-qualification application or bid because it brings specific and critical experience and know-how that areaccounted for in the evaluation of the bidder’s pre-qualification application or the bid; or (ii) appointed by the
6.1 Bidding Documents which should be read in conjunction with any addenda issued in
accordance with ITB sub-8.1 include:
a) Section I: Instructions to Bidders (ITB)
b) Section II: General Conditionsc) Section III: Special Conditions
d) Section IV: Schedule of Requirements
e) Section V: Technical Specifications
f) Section VII: Forms - Bid
i. Form of Bid
ii. Price Schedule for Supplies and
iii. Related Services
iv. Form of Qualification Information
g) Section VII Forms- Security
i. Bid Securityii. Letter of Acceptance
iii. Agreement Form
iv. Performance Security Form
v. Bank Guarantee for Advance
vi. Payment Form
h) Section VIII – Eligible Countries
The “Invitation for Bids” issued by Purchaser does not form part of the BiddingDocuments and is included as a reference only. In case of discrepancies between the
Invitation for Bid and the Bidding Documents listed above, the said Bidding
Documents will take precedence.
6.3 Purchaser is not responsible for the completeness of the Bidding Documents and
their addendum, if they were not obtained directly from the Purchaser.
6.4 The bidder is expected to examine all instructions, forms, terms and specifications in
the Bidding Documents. Failure to furnish all information required by the Bidding
Documents may result in the rejection of its Bid.
Clarificati
on of
BiddingDocuments
7.1 A prospective Bidder requiring any clarification of the Bidding Documents may
notify Purchaser in writing at the
Ministry of Health and Indigenous Medicine,Northern Province,
Health Village,
Pannai ,
Jaffna.
Fax : 021 222 0806
E mail : [email protected] prior to the deadline for the submission of Bids.
7.2 Purchaser will, respond in writing to any request for clarification provided that such
request is received no later than 10 days prior to the deadline for the submission of
Bids.
7.3 Copies of the Purchaser's response will be forwarded to all purchasers of the bidding
demonstrating substantial responsiveness of the supplies and Services to
those specifications, or a statement of deviations and exceptions to the
provisions of the Technical Specifications;
c) any other procurement specific documentation.
Documents
Establishing
Qualification
s of the
Bidder
13.1 Pursuant to ITB Clause 11, the Bidder shall furnish, as part of its Bid, documents
establishing the qualifications the Bidder to perform the contract if its bid is
accepted.
13.2 The documentary evidence of the Bidder’s qualifications to perform the contract if its Bid is accepted shall establish to the Purchaser’s satisfaction: a) the bidder has the financial, technical, and production capability necessary to
perform the contract, meets the following qualification criteria:
The bidder shall be in the business of supplying of process food at least for
last 3 years.
Bidder shall have experience in the past on supply of Supplementary food
least for a value more than Rs.0.5 million for a month,
and has a successful performance history.
Form of Bid 14.1 The bidder shall fill the Form of Bid furnished in the Bidding Documents. The Bid
Form must be completed without any alterations to its format and no substitute
shall be accepted.
Bid Prices 15.1 The unit price(s) and discount(s) quoted by the bidder in the Price Schedules shall
conform to the requirements specified below.
15.2 The bidder shall quote for all items.
15.3 The bidder shall quote any unconditional discounts.
Bid
Currency 16.1 The currency of the Bid shall be only in Sri Lanka Rupees.
Bid Validity
Period17.1 Bids shall remain valid for a period of 91 days after the date of the bid submission
deadline prescribed by the Purchaser pursuant to ITB Clause 22. A bid valid for a
shorter period shall be rejected by the Purchaser as non-responsive.
17.2 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 for a
specified additional period. The request and the Bidders responses shall be made in
writing. A bidder may refuse the request without forfeiting its causing to be
executed its Bid Security. A Bidder agreeing the request will not be required nor
permitted to modify its Bid, but will be required to extend the validity of its Bid
Security for the period of the extension, and in compliance with ITB Clause 18 in
all respects.
Bid Security 18.1 The Bidder shall furnish as part of its bid, a bid security.
18.2 The Bid Security shall be Rs. 250,000 and shall:a) At the bidder’s option, be in the form of either a bank, draft, a letter of
8/2/2019 Ministry of Health and Indigenous Medicine IFB 2012 - Procurement of supplementary food
credit, or a bank guarantee from a banking institution;
b) be substantially in accordance with the form included in Section II;
c) be payable promptly upon written demand by the Purchaser incase the
conditions listed in ITB 18.6 are invoked;
d) be submitted in its original form; copies will not be accepted.
e) Remain valid for 119 days from the deadline for bid submission.
18.3 Any bid not accompanied by a Bid Security in accordance with sub-Clauses 18.1
shall be rejected by Purchaser as non-responsive, pursuant to ITB Clause 28.
18.4 Unsuccessful Bidders’ Bid Security will cease not later than thirty (30) days after
the expiration of the period of Bid Validity prescribed by the Purchaser pursuant to
ITB Clause 17.
18.5 The successful bidder’s Bid Security will cease upon the Bidder signing the
Contract, pursuant to ITB Clause 36
18.6 The Bid Security may be forfeited:
a) if a Bidder withdraws its Bid during the period of Bid validity specified by
the Bidder on the Bid Form except as provided for in sub-clause 17.2; or
b) in the case of a successful bidder, if the bidder fails to sign the Contract in
accordance with ITB Clause 36;
Alternative
Bids
by Bidders
19.1 Alternatives will not be considered,
Format and
Signing of
Bid
20.1 The bidder shall prepare one original of the documents comprising the bid as
described in ITB Clause 11 and clearly mark it “ORIGINAL.” In addition, thebidder shall submit a copy of the bid, and clearly mark each of them “COPY.” Inthe event of any discrepancy between the original and the copies, the original shall
prevail.
20.2 Any interlineations, erasures, or overwriting shall be valid only if they are signed
or initialed by the person signing the Bid.
Submission of Bids
Sealing and
Marking of
Bids
21.1 The bidder shall enclose the original and the copy of the bid, in separate sealed
envelopes, duly marking the envelopes as “ORIGINAL” and “COPY.” Theenvelopes shall then be sealed in an outer envelope securely sealed in such a
manner that opening and resealing cannot be achieved undetected.
21.2 The inner and outer envelopes shall:
a) be addressed to Purchaser at Ministry of Health and Indigenous Medicine,
Northern Province, Health Village, Pannai , Jaffna; and b) bear the Invitation for Bids (IFB) “Procurement of Supplementary Food
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21.3 In addition to the Sub-Clause 21.2, the inner envelopes shall also indicate the name
and address of the Bidder to enable the Bid to be returned unopened in case it is
declared “late” pursuant to ITB Clause 23 and for matching purpose under ITBClause 24.
21.4 If all envelopes are not sealed and marked as required by sub-Clause 21.2,
Purchaser will assume no responsibility for the misplacement or premature opening
of the bid.
Deadline for
Submission
of
Bids
22.1 Bids shall be received by Purchaser at Ministry of Health and Indigenous
Medicine, Northern Province, Health Village, Pannai , Jaffna,and no later than
30th
March 2012.
22.2 Purchaser may, in exceptional circumstances and at its discretion, extend the
deadline for the submission of Bids by amending the Bidding documents inaccordance with ITB Clause 8, in which case all rights and obligations of
Purchaser and Bidders previously subject to the deadline will thereafter be subject
to the new deadline.
Late Bids 23.1 Purchaser shall not consider for evaluation any bid that arrives after the deadline
for submission of bids, in accordance with ITB Clause 22.
23.2 Any bid received by Purchaser after the deadline for submission of bids shall be
declared late, rejected and returned unopened to the bidder.
Modification,
Substitutionor
Withdrawal
of
Bids
24.1 A bidder may modify, substitute or withdraw its Bid after it has been submitted,
provided that written notice of the modification, substitution or withdrawal notice
of the bid is received by Purchaser prior to the deadline for submission of bids.
24.2 The bidder’s modification, substitution or withdrawal notice shall be prepared,sealed, marked, and dispatched in accordance with the provisions of ITB Clauses
21 and 22 with outer and inner envelops additionally marked “MODIFICATION,SUBSTITUTION OR WITHDRAWAL”.
24.3 Bids may only be modified by withdrawal of the original bid and submission of a
replacement bid in accordance with sub-Clause 24.1. Modifications submitted inany other way shall not be taken into account in the evaluation of bids.
24.4 Bidders may only offer discounts to or otherwise modify the prices of their bids by
substituting Bid modifications in accordance with this Clause or included in the
original bid submission.
24.5 No bid may be withdrawn, replaced or modified in the interval between the
deadline for submission of Bids and the expiration of the period of Bid validity
specified by the Bidder on the Form of Bid. Withdrawal of a bid during this
interval may result forfeiting the bid security pursuant to the sub-Clause 18.6
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Bids 25.1 Purchaser will open all bids including modifications, substitutions or withdrawal
notices made pursuant to ITB Clause 24, in public in the presence of bidders’representatives who choose to attend and other parties with legitimate interest in
the bid proceedings, at the Chief Accountant’s Room, Ministry of Health &
Indigenous Medicine, Northern Province, Health Village, Pannai ,Jaffna,
on the 30th
March 2012 at 15.00 hours. The bidders’ representatives presentshall sign a register as proof of their attendance.
25.2 Envelopes marked “WITHDRAWAL ” shall be opened and read out first. Bidsfor which an acceptable notice of withdrawal has been submitted pursuant to ITB
Clause 24 shall not be opened but returned to the Bidder. If the withdrawal
envelope does not contain a copy of the “Power of Attorney” confirming thesignature as a person duly authorized to sign on behalf of the bidder, the
corresponding bid will be opened. Subsequently, all envelopes marked
"MODIFICATION" shall be opened and the submissions therein read out in
appropriate detail. Thereafter all envelopes marked "SUBSTITUTION" shall beopened and the submissions therein read out in appropriate detail.
25.3 All other envelopes shall be opened one at a time. The bidders' names, the unit
price(s), any discounts, the presence or absence of bid security pursuant to ITB
Clause 18 and such other details as appropriate may be announced.
25.4 Bids or modifications that are not opened and not read out at bid opening shall
not be considered further for evaluation, irrespective of the circumstances. In
particular, any discount offered by a bidder which is not read out at bid opening
shall not be considered further.
25.5 Bidders are advised to send in a representative with the knowledge of the contentof the bid who shall verify the information read out from the submitted
documents. Failure to send a representative or to point out any un-read
information by the sent bidder’s representative shall indemnify Purchaser againstany claim or failure to read out the correct information contained in the bidders
bid.
25.6 No bid will be rejected at bid opening except for late bids which will be returned
unopened to the bidder, pursuant to ITB Clause 23.
25.7 The Bid Opening Committee shall prepare minutes of the bid opening. The
record of the bid opening shall include, as a minimum: the name of the Bidder
and whether or not there is a withdrawal, substitution or modification, the unit
price per Lot if applicable, including any discounts and alternative offers and the
presence or absence of a Bid Security.
25.8 The bidders’ representatives who are present shall be requested to sign the
record. The omission of a bidder’s signature on the record shall not invalidate thecontents and affect the record. A copy of the record shall be distributed to all the
bidders.
Confidentiality 26.1 Information relating to the examination, evaluation, comparison, bids and
recommendation of contract award shall not be disclosed to bidders or any other
persons not officially concerned with such process until the award to thesuccessful bidder has been announced.
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26.2 Any effort by a bidder to influence Purchaser processing of bids or award
decisions may result in the rejection of its bid.
26.3 Notwithstanding ITB sub-Clause 26.2, from the time of bid opening to the time
of Contract award, if any bidder wishes to contact Purchaser on any matterrelated to the bidding process, it should do so in writing.
Clarification of
Bids 27.1 To assist in the examination, evaluation, and Bids comparison of bids and post-
qualification of bidders, Purchaser may, at its discretion, ask any Bidder for
clarification of its bid, including breakdowns of prices. Any clarification
submitted by a Bidder that is not in response to a request by Purchaser shall not
be considered.
27.2 The request for clarification and the response shall be in writing, but no change
in the price or substance of the bid shall be sought, offered, or permitted.
27.3 From the time of bid opening to the time of contract award if any bidder wishesto contact Purchaser on any matter related to the bid it should do so in writing.
Preliminary
Examination of
Bids
28.1 Prior to the detailed evaluation of bids, Purchaser will determine whether each
bid:
a) meets the eligibility criteria defined in ITB Clause 3 and 4;
b) has been properly signed;
c) is accompanied by the required security; and
d) is substantially responsive to the requirements of the bidding
documents.
Purchaser's determination of a bid's responsiveness will be based on the
contents of the bid itself.
28.2 A substantially responsive bid is one which conforms to all the terms, conditions,
and specifications of the bidding documents, without material deviation or
reservation. A material deviation or reservation is one that:
a) affects in any substantial way the scope, quality, or delivery of related
goods and or services;
b) limits in any substantial way, inconsistent with the bidding documents,
the Purchaser's rights or the bidder's obligations under the FA; or
c) if rectified, would affect unfairly the competitive position of other
bidders presenting substantially responsive bids.
28.3 Purchaser will confirm that the documents and information specified under ITBClause 11, 12 and 13 have been provided in the bid. If any of these documents or
information is missing, or is not provided in accordance with the Instructions to
bidders, the bid shall be rejected.
28.4 Purchaser may waive any minor informality, nonconformity, or irregularity in a
bid which does not constitute a material deviation, provided such waiver does not
prejudice or affect the relative ranking of any bidder.
28.5 If a Bid is not substantially responsive, it will be rejected by the Purchaser and
may not subsequently be made responsive by the bidder by correction of the
nonconformity.
Examination of 29.1 Purchaser shall examine the bid to confirm that all Terms and Conditions have
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been accepted by the bidder without any material deviation or reservation.
29.2 Purchaser shall evaluate the technical aspects of the bid submitted in accordance
with ITB Clause 12 and ITB Clause 13, to confirm that all requirements
specified in Section VI – Schedule of Requirements of the bidding documents
and Section VII – Technical Specifications have been met without material
deviation or reservation.
29.3 If after the examination of the terms and conditions and the technical evaluation,
the Purchaser determines that the Bid is not substantially responsive in
accordance with ITB Clause 28, it shall reject the bid.
Commercial
Evaluation of
Bids
30.1 Purchaser shall evaluate and compare only the bids determined to be
substantially responsive, pursuant to ITB Clauses 28 and 29.
30.2 To financially evaluate a bid, Purchaser shall only use the criteria and
methodologies defined in this Clause. No other criteria or methodology shall be
permitted.
30.3 Purchaser’s financial comparison of bids may require the consideration of factorsother than costs, in addition to the bid price quoted in accordance with ITB
Clause 15. The factors selected, if any, shall be expressed in monetary terms to
facilitate comparison of bids.
30.4 To financially compare bids, Purchaser shall:
a. apply any unconditional discounts offered in accordance with ITB Sub-
Clause 15.1;b. determine the evaluated price of each item.
Determination
of
the Most
Economical
Advantageous
Bids
31.1 The bids with the most economical advantageous among those which are
eligible, compliant and substantially responsive shall be selected.
Post
Qualification 32.1 Post-qualification shall not be undertaken.
32.2 The determination will evaluate the bidder's financial, technical, and other
relevant capabilities. It will be based on an examination of the documentary
evidence of the bidder's qualifications submitted by the bidder, pursuant to ITB
Clause 13, as well as other information Purchaser deems necessary and
appropriate. Factors not included in these bidding documents shall not be used in
the evaluation of the Bidders’ qualifications.
32.3 An affirmative post-qualification determination will be a prerequisite for award
of the FAs to the bidder. A negative determination will result in rejection of the
bidder's bid.
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a) We have examined and have no reservations to the Bidding Document, including Addenda
No.: [insert the number and issue date of each Addenda];
b) We offer to supply the following items in conformity with the Bidding Document in
accordance with the Delivery Schedule specified in the Schedules of Requirements:
Item
number
Brief Description
of Supplies and Related Services
Unit of
Measure
Quantity Rate
Rs.
Amount
Rs.1 Supplementary Food – Formula 1
(100g/day) – For Pregnant and
Lactating Mothers
Packs 275,712
2 Supplementary Food – Formula 2
(50g/day) – For Infants (6 to 11
months)
Packs 124,752
3 Supplementary Food – Formula 2
(75g/day) – For Children (12-23
months)
Packs 275,472
TOTAL
c) The total price of our bid without VAT is. ……………………………………….
…………………………..;
d) Our bid shall be valid for a period of 91 calendar days from the date fixed for the bid
submission deadline in accordance with the Bidding Document, and it shall remain binding
upon us and may be accepted at any time before the expiration of that period;e) We, for any part of the contract resulting from this procurement process, are eligible to
participate in public procurement in accordance with ITB Clause 3.1;
f) We are not participating, as Bidders, in more than one bid in this bidding process;
j) We understand that this bid , together with your written acceptance, shall constitute an
agreement will be binding; and
k) We understand that you are not bound to accept the lowest unit prices or any other bid that
you may receive.
Signed: [signature of person whose name and capacity are shown below]
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We have been informed that ----------------------------------- [insert (by issuing agency) name
of the Bidder; if a joint venture, list complete legal names of partners] (hereinafter called "the
Bidder") has submitted to you its bid dated --------- [insert (by issuing agency)
date](hereinafter called "the Bid") for the supply of [insert name of Supplier] under
Invitation for Bids No. ----------- [insert IFB number] (“the IFB”).
Furthermore, we understand that, according to your conditions, Bids must be supported by a
Bid Guarantee.
At the request of the Bidder, we --------------- [insert name of issuing agency] hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ------------ [insert amount in figures] ----------[insert amount in words]) upon receipt by us of your
first demand in writing accompanied by a written statement stating that the Bidder is in
breach of its obligation(s) under the bid conditions, because the Bidder:
(a) has withdrawn its Bid during the period of bid validity specified; or
(b) does not accept the correction of errors in accordance with the Instructions to
Bidders (hereinafter “the ITB”); or
(c) having been notified of the acceptance of its Bid by the Purchaser during the period of
bid validity, (i) fails or refuses to execute the Contract Form, if required, or (ii) failsor refuses to furnish the Performance Security, in accordance with the ITB.
This Guarantee shall expire: (a) if the Bidder is the successful bidder, upon our receipt of
copies of the Contract signed by the Bidder and of the Performance Security issued to you by
the Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier of (i) our receipt
of a copy of your notification to the Bidder that the Bidder was unsuccessful, otherwise it will
remain in force up to ------ (insert date)
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Supplementary Food will be delivered to the location shown below in a staggered basis with the
first consignment received by the 5 RDHS offices for a 2 month supply. Thereafter, a
months stock shall be delivered at the respective RDHS offices monthly. Additional
quantities of supplementary food may be supplied based on a request made by thePurchaser to the supplier at least a month before expected date of delivery.
The first batch will be delivered within a week after 2 months of signing the contract. Subsequent
deliveries shall be made within a week at one month interval thereafter.
Formula 1 – For Pregnant and lactating Mothers – Total quantity of 275,712 packs
2. The product should be manufactured by extrusion process. The final product must
have a shelf life of minimum of four months at the time of delivery.
3. The product should be packed as follows:
The supplementary food should presented in daily portion sachets with a sachet forchildren 6-11 months being 50 g of Formula 2; child of 12 – 23 months being 75 g of
Formula 2; and 100g sachets of Formula 1for pregnant and lactating mothers. The
sachets for each target group (6-11 months, 12-23 months and pregnant and lactating
mothers) should be visually distinguishable with different colour strips or stickers for
easy identification.
Packing: Each sachet should be double laminated with a film thinness of 80 microns.
15 sachets (15 day quantity) will be packed into outer packs for easy handling. Outer
packs also should be double laminated with a film thickness of 80 microns. 20 packs
should be packed into a master bags made of kraft paper.
Labeling: Information printed on the labels shall be in Tamil, Sinhala and English
languages. The label proof should be cleared by the Ministry of Health and
Indigenous Medicine of Northern Province prior to use.
Sachet:
The label should indicate the target group for the supplementary food along
with date of manufacture, expiry date along with the logos of the Northern
Provincial Council, Government of Sri Lanka, The World Bank and the
Japanese flags.
Please refer Annexture I and sample label for Pregnant and Lactating mothers
Please refer Annexture II and sample label for Children 6 to 11 months
Please refer Annexture III and sample label for Children 12 to 23 months
Pack (15 Sachets): The label should indicate the target group for the
supplementary food along with date of manufacture, expiry date, recipes for
preparation of the supplementary food, the ingredients along with the nutrient
values, permitted antioxidant, quantity of sachets along with the logos of the
Northern Provincial Council, Government of Sri Lanka, The World Bank and
the Japanese flags.
Master Bag (20 Packs):
The label should indicate the target group for the supplementary food along
with date of manufacture, expiry date, quantity of packs along with the logos
of the Northern Provincial Council, Government of Sri Lanka, The World
Bank and the Japanese flags.
Please refer Annexture I and sample label for Pregnant and Lactating mothers
Please refer Annexture II and sample label for Children 6 to 11 months
Please refer Annexture III and sample label for Children 12 to 23 months
4. The moisture content of the product shall be less than 4%.
8/2/2019 Ministry of Health and Indigenous Medicine IFB 2012 - Procurement of supplementary food
Eligibility for the Provision of Goods, Works and Services in Bank-Financed
Procurement
1. In accordance with Para 1.8 of the Guidelines: Procurement under IBRD Loans and
IDA Credits, dated May 2004, the Bank permits firms and individuals from all
countries to offer goods, works and services for Bank-financed projects. As an
exception, firms of a Country or goods manufactured in a Country may be excluded
if:
Para 1.8 (a) (i): as a matter of law or official regulation, the Borrower’s Countryprohibits commercial relations with that Country, provided that the Bank is
satisfied that such exclusion does not preclude effective competition for the
supply of the Goods or Works required, or
Para 1.8 (a) (ii): by an Act of Compliance with a Decision of the United Nations
Security Council taken under Chapter VII of the Charter of the United
Nations, the Borrower’s Country prohibits any import of goods from that
Country or any payments to persons or entities in that Country.
2. For the information of bidders, at the present time firms, goods and services from the
following countries are excluded from this bidding:
(a) With reference to paragraph 1.8 (a) (i) of the Guidelines: None
(b) With reference to paragraph 1.8 (a) (ii) of the Guidelines: None
8/2/2019 Ministry of Health and Indigenous Medicine IFB 2012 - Procurement of supplementary food
Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated:
a) “The Contract” means the agreement entered into between the Purchaser
and the Supplier, including all attachments and appendices thereto and all
documents incorporated by reference therein.
b) “Completion” means the fulfillment of the related services by the Supplier
in accordance with the terms and conditions set forth in the contract
c) “The Contract Price” means the price payable to the Supplier as specified
in the Contract Agreement, subject to such additions and adjustment here
to or deduction there from as may be made pursuant to the contract for the
full and proper performance of its contractual obligations.
d) “The Related Services” means those services ancillary to the supply of the
Goods, such as transportation and insurance, and any other incidental
services.
e) “GCC” means the General Conditions contained in this section.
f) “SCC” means the Special Conditions of Contract.
g) “The Purchaser” means the entity purchasing the supplementary food and
related service, as named in SCC.
h) “The Supplier” means the entity whose bid to perform the contract has
been accepted by the Purchaser.
i) “Day” means calendar day.
Governing
Language
and
Applicable
Law
2.1 The Contract as all correspondence and documents relating to the contract
exchanged by the Supplier and the Purchaser shall be in English language.
3.1 The Contract shall be governed and interpreted in accordance with the laws of
the Democratic Socialist Republic of Sri Lanka.
Standards 4.1 The Goods supplied under this Contract shall conform to the standards
mentioned in the Technical Specifications, and, when no applicable standard is
mentioned, to the appropriate Sri Lanka Standard Institution.
Patent and
Copy
Rights
5.1 The Supplier shall indemnify the Purchaser against all third-party claims of
infringement of patent, trademark, or industrial design rights arising from use of
the Goods or any part thereof.
Performance
Security 6.1
Within fourteen (14) Days of receipt of the notification of Contract Award, theSupplier shall furnish to the Purchaser the performance security in the amount
8/2/2019 Ministry of Health and Indigenous Medicine IFB 2012 - Procurement of supplementary food
the Goods Supplier in accordance with the time schedule prescribed in this contract.
15.2 If at any time during performance of the Contract, the Supplier should encounter
conditions impeding timely delivery of the Goods and performance of Services,
the Supplier shall promptly notify the Purchaser in writing of the fact of the
delay, it’s likely duration and its cause(s). As soon as practicable after receipt of
the Supplier’s notice, the Purchaser shall evaluate the situation and may at its
discretion extend the Supplier’s time for performance.
15.3 Except as provided under GCC Clause 18, a delay by the Supplier in the
performance of its delivery obligations shall render the Supplier liable to the
imposition of liquidated damages pursuant to GCC Clause 16, unless an
extension of time is agreed upon pursuant to GCC Clause 15.2.
Liquidated
Damages 16.1
Subject to GCC Clause 18, if the Supplier fails to deliver any or all of the Goodsor to perform the Services within the period(s) specified in the delivery schedule,
the Purchaser shall, without prejudice to its other remedies under the Contract,
deduct from the Contract Price, as liquidated damages, a sum equivalent to the
percentage specified in SCC of the delivered price of the delayed Goods or
unperformed Services for each Day of delay until actual delivery or
performance, up to a maximum deduction of the percentage specified in SCC.
Once the maximum is reached, the Purchaser may consider termination of the
Contract pursuant to GCC Clause 17.
Termination
for
Default
17.1 The Purchaser or the Supplier, without prejudice to any other remedy for breach
of Contract, by written notice of default sent to the concerned party mayterminate the Contract if the other party causes a fundamental breach of the
Contract.
17.2 Fundamental breaches of Contract shall include, but shall not be limited to the
following:
a) The Supplier fails to deliver any or all of the Goods within the period(s)
specified in the Delivery Schedule, or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 15; or
b) The Supplier fails to perform any other obligation(s) under the Contract;c) The supplier has abandoned or repudiated the contract.
d) The Purchaser or the Supplier is made bankrupt or goes into liquidation
other than for a reconstruction or amalgamation;
e) A payment is not paid by the Purchaser to the Supplier within 84 days of
the due date for payment;
f) The Purchaser gives Notice that goods delivered are defect and the
Supplier fails to correct the defect within a reasonable period of time
determined by the Purchaser; and
g) The supplier, in the judgment of the Purchaser, has engaged in corrupt or
fraudulent practices in competing for or in exacting the Contract.
8/2/2019 Ministry of Health and Indigenous Medicine IFB 2012 - Procurement of supplementary food
a) “corrupt practice” means the offering, giving, receiving, or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution and includes, inter alia,
bribery and extortion or coercion which involves threats of injury to
person, property or reputation, and
b) “fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the procuring entity, and includes collusive practices
among Bidders (prior to or after bid submission)
17.3 In the event the Purchaser terminates the Contract in whole or in part, pursuant
to GCC Clause 17.1, the Purchaser may procure, upon such terms and in such
manner as it deems appropriate, Goods or Services similar to those undelivered,and the Supplier shall be liable to the Purchaser for any excess costs for such
similar Goods or Services. However, the Supplier shall continue performance of
the Contract to the extent not terminated.
Force
Majeure 18.1 Notwithstanding the provisions of GCC Clauses 15, 16, and 17, the Supplier
shall not be liable for forfeiture of its performance security, liquidated damages,
or termination for default if and to the extent that it’s delay in performance or
other failure to perform its obligations under the Contract is the result of an event
of Force Majeure.
18.2 For purposes of this clause, “Force Majeure” means an event or situation beyond
the control of the Supplier and not involving the Supplier’s fault or negligence
and not foreseeable, is unavoidable, and is not due to negligence or lack of care
on the part of the Supplier. Such events may include, but are not restricted to,
acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods,
epidemics, quarantine, restrictions, acts of terrorists and freight embargoes.
18.3 If a Force Majeure situation arises, the Supplier shall promptly notify the
Purchaser in writing of such condition and the cause thereof. Unless otherwisedirected by the Purchaser in writing, the Supplier shall continue to perform its
obligations under the Contract as far as is reasonably practical, and shall seek all
reasonable alternative means for performance not prevented by the Force
Majeure event.
Termination
for
Insolvency
19.1 The Purchaser may at any time terminate the Contract by giving written notice to
the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In this
event, termination will be without compensation to the Supplier provided that
such termination will not prejudice or affect any right of action or remedy which
has accrued or will accrue thereafter to the Purchaser.
Termination 20.1 The Purchaser, by written notice sent to the Supplier, may terminate the contract,
8/2/2019 Ministry of Health and Indigenous Medicine IFB 2012 - Procurement of supplementary food
(e) The Supplier’s Bid and original Price Schedules
(f) The Purchaser’s Notification of Award
(g) [Add here any other document(s)]
3. This Contract shall prevail over all other Contract documents. In the event of anydiscrepancy or inconsistency within the Contract documents, then the documents shall
prevail in the order listed above.
4. In consideration of the payments to be made by the Purchaser to the Supplier as
hereinafter mentioned, the Supplier hereby covenants with the Purchaser to provide the
Goods and Services and to remedy defects therein in conformity in all respects with the
provisions of the Contract.
5. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of
the Goods and Services and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times andin the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of [insert the name of the Contract governing law country] on the
day, month and year indicated above.
For and on behalf of the Purchaser
Signed: [insert signature]
in the capacity of [ insert title or other appropriate designation ]
in the presence of [insert identification of official witness]
For and on behalf of the Supplier
Signed: [insert signature of authorized representative(s) of the Supplier]
in the capacity of [ insert title or other appropriate designation ]
in the presence of [ insert identification of official witness]
8/2/2019 Ministry of Health and Indigenous Medicine IFB 2012 - Procurement of supplementary food
We have been informed that [insert complete name of Supplier] (hereinafter called "the
Supplier") has entered into Contract No. [insert number] dated [insert day and month],
[insert year] with you, for the supply of [description of Goods and related Services]
(hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a Performance
Guarantee is required.
At the request of the Supplier, we hereby irrevocably undertake to pay you any sum(s) not
exceeding [insert amount(s6 ) in figures and words] upon receipt by us of your first demand in
writing declaring the Supplier to be in default under the Contract, without cavil or argument,
or your needing to prove or to show grounds or reasons for your demand or the sum specified
therein.
This Guarantee shall expire no later than the [insert number] day of [insert month] [insert
year],7
and any demand for payment under it must be received by us at this office on or
before that date.
[signatures of authorized representatives of the bank and the Supplier]
6The Bank shall insert the amount(s) specified in the SCC and denominated, as specified in the SCC, either in
the currency(ies) of the Contract or a freely convertible currency acceptable to the Purchaser.7 Dates established in accordance with Clause 18.4 of the General Conditions of Contract (“GCC”), taking
into account any warranty obligations of the Supplier under Clause 16.2 of the GCC intended to be secured
by a partial Performance Guarantee. The Purchaser should note that in the event of an extension of the
time to perform the Contract, the Purchaser would need to request an extension of this Guarantee from
the Bank. Such request must be in writing and must be made prior to the expiration date established in the
Guarantee. In preparing this Guarantee, the Purchaser might consider adding the following text to the
Form, at the end of the penultimate paragraph: “We agree to a one-time extension of this Guarantee for a period not to exceed [six months] [one year], in response to the Purchaser’s written request for such
extension, such request to be presented to us before the expiry of the Guarantee.”
8/2/2019 Ministry of Health and Indigenous Medicine IFB 2012 - Procurement of supplementary food