MINISTRY OF INFRASTRUCTURE, HOUSING AND …gov.tc/images/Tenders/TR_17-42_ITT.pdf · · 2018-02-11DESIGN AND BUILD OF GOVERNMENT OFFICE BLOCK IN SOUTH CAICOS Contract Number: PWD

MINISTRY OF INFRASTRUCTURE, HOUSING AND

PLANNING Public Works Department

South Base Grand Turk Tel. (649) 338-2510 Turks & Caicos Islands Fax. (649) 946-2900 British West Indies

10 February 2018

TENDER NOTICE

The Permanent Secretary of the Ministry of Infrastructure, Housing and Planning invites open tenders from contractors with a valid contractor’s license for the project:

DESIGN AND BUILD OF GOVERNMENT OFFICE BLOCK IN SOUTH CAICOS

Contract Number: PWD 17/15 C Tender Reference Number: TR 17/42

Bidders should be in possession of a valid business license or receipt of payment for same. Further information and tender documents are available upon request in electronic format from Mark McAulay at email address [email protected] . Documents could also be uplifted from the PWD offices in Grand Turk and Providenciales and at the District Commissioner’s Office in the family islands or from the Turks and Caicos Islands Government’s website at https://www.gov.tc/government-tenders. The dimensions of the tender box slot are: 13 ½ inches x 3 ¾ inches (34.29 cm x 9.525cm). Tender submissions will be placed in the tender box through the slot hence the dimensions of the package(s) must not exceed the dimensions of the slot. Tenders are to be submitted by 9:00 a.m. on Friday, 9 March 2018 to the Secretary to the Procurement Board.

INSTRUCTIONS TO TENDERERS: Tender Reference Number: TR 17/42

1. The Permanent Secretary of the Ministry of Infrastructure, Housing and Planning invites

open tenders from qualified Contractors for the project:

DESIGN AND BUILD OF GOVERNMENT OFFICE BLOCK IN SOUTH

CAICOS

in accordance with the Conditions of Participation, Tender Documents, Specifications

and Drawings.

2. The full set of Tender Documents will consist of the following.

a. Tender Notice

b. Instructions to Tenderers

c. FIDIC 1999 Yellow Book Draft Contract

d. Certificate of Non-Collusion

e. Employer’s Requirements, Guidelines and Site Maps

f. Price Breakdown Table

g. Tender Evaluation Criteria

h. Tender Declaration & Pre-Qualification Form

i. Tender Envelope Label

3. Tenders in conformity with all elements of Section 5 below should be enclosed in a

sealed envelope with the Tender Envelope Label attached firmly to the front. The

sealed envelope should not carry any identification mark indicating the sender of

the envelope. This may result in immediate disqualification.

4. Tenders must be received at the address shown on the address label on or before

9:00 a.m. Turks & Caicos Islands time on Friday, 9 March 2018. Tenders will be

opened publicly at the meeting of the Procurement Board on that date.

Tenderers who would have met the minimum requirement to proceed to the final

stage of the Evaluation process would be called to make an oral presentation of their

submission. The date and time to be determined.

It is the Tenderer’s responsibility to ensure that a tender which is not delivered by their

hand is received on or before the time stated for closing of tenders. Tenders delivered

after the deadline will be returned unopened. Late tenders delivered by courier or

messenger will be returned unopened to the addressee on the courier receipt. If no return

address is provided late tenders may be opened to determine a return address.

The dimensions of the tender box slot are: 13 ½ inches x 3 ¾ inches (34.29 cm x

9.525cm). Tender submissions will be placed in the tender box through the slot hence the

dimensions of the package(s) must not exceed the dimensions of the slot.

5. The Tenderer shall submit a Tender Package consisting of the following (one set in

original hard copy):

a. An initialled and signed original of the Evaluation Criteria form, which includes

the following:

i. A completed and signed Certificate of Non-Collusion (1 Original)

ii. A copy of current valid business licence or receipt of payment for this

year’s business licence (1 Copy)

iii. Copy of Certificate of Good Standing (if a limited Company) or copy of

Certificate of Registration (for other entities). (1 Copy)

iv. A list of the Directors and/or Principals of the Company. (1 Copy)

v. Statement of declaration of no conflict of interest. (1 Original of the

attached declaration form, initialled and signed)

vi. Statement of declaration of any contracts cancelled for non-performance

in the last five (5) years. (1 Original of the attached declaration form,

initialled and signed)

vii. Statement of declaration that no bankruptcy or insolvency proceedings are

held against the Company or its Principals. (1 Original of the attached

declaration form, initialled and signed)

viii. Statement of declaration of no litigation against the Company or its

Principals. (1 Original of the attached declaration form, initialled and

signed)

ix. If you intend to use sub-contractor(s) on this project and have identified

them, each sub-contractor must submit one original of i – iii and v – viii as

stated above for the main contractor.

x. Any comments on the Draft Contract (if no comments are received it is

assumed that the bidder will be content to agree the Contract without

amendments.) (1 Copy)

xi. Suggestions, recommendations and suitable solutions to problems with

carrying out the contracted Works (1 Copy)

xii. Any other supporting information that will justify your tender prices. (1

Copy)

b. One (1) original of the signed Letter of Tender (pages 3 & 4) and the Contract

Agreement (page 11) of the FIDIC Yellow Book, complete with schedules as

listed below which will form part of the Contract.

c. The following information which will be evaluated according to the Evaluation

Criteria to determine Experience and Technical Capability shall be submitted in

electronic form on CD, memory stick or any other appropriate storage device.

Proposed work program and schedules clearly showing the design phase and

the construction phase and a total duration. (works proposed to be completed

in the least practicable time will receive the maximum points) (electronic

format)

Proposed design scheme or schemes, including drawings, according to the

provided Terms of Reference showing proposed materials and layout. Any

amendments or improvements to the outline design in the Terms of Reference

should be clearly identified. More points will be given to innovative and cost

effective solutions. (electronic format)

A methodology explaining how you intend to design and execute the works

and the processes in doing so. (electronic format)

A list of similar projects that were successfully completed showing your and /

or your company’s experience in this field over the last five (5) years,

including month and year completed and the value of the works. (electronic

format)

d. The following information which will be evaluated according to the Evaluation

Criteria to determine Resources and Financial Capacity shall be submitted in

electronic form on CD, memory stick or any other appropriate storage device.

i. A list of professional staff proposed for the design and supervision of the

project noting their location, availability and copies of CVs. (electronic

format)

ii. A list of labour resources including heavy equipment and plant operators

proposed for the construction of project. If labour is sub-contracted or

recruited casually this should be indicated. (electronic format)

iii. A list of equipment and other resources proposed for use during the

construction phase of the project showing its ownership and availability. The

serial number and overall condition of each piece of major equipment should

also be provided with evidence of ownership. (electronic format)

iv. Provide evidence of good financial standing (bank letter, no older than six (6)

months, stating availability of funds or credit to perform the value of the

contract) to show that you are capable of carrying on the works for at least

four (4) weeks without funding from TCIG. (electronic format)

e. One (1) printed copy of the completed Bill of Quantities.

f. One (1) electronic copy of the completed Bill of Quantities (in Microsoft Excel format).

g. One (1) electronic copy of all design documentation (in AutoCAD and pdf format).

h. One (1) electronic copy of the full set of tender documents and all supporting documents (in pdf).

Electronic copies are required and must be submitted on CD, memory stick or any other appropriate portable storage device.

6. Tenders that do not fully comply with the conditions set out in the above instructions may

not be considered by the Employer for evaluation. If necessary clarifications will be

sought from the bidders prior to final evaluation. A contract will be negotiated with the

preferred bidder.

7. Telegraphic Tenders, Tenders by Telex, Tenders by fax or by email will not be accepted.

Tenderers may revise their Tender subsequent to its submission, the revision being in

writing and stating that it supersedes the previous submission, provided such revision is

received at the offices stated above before the date and time stipulated. Revisions must

state the revised Work Item by number and description, the original and revised Unit

Price and Total Amount for the Item, and the original and revised Total Amount of

Tender. Such revisions shall be marked and addressed as stated above and identified as

"Revisions to Tender". Revisions will not be accepted after the time and date of receipt of

Tenders. No Tender may be altered or amended after having been opened.

8. Tenders shall be typed or printed in block letters, and must be legible in all respects. If

the Tender is corrected, changed erased or altered in any way, each and every such

correction, change, erasure or alteration must be dated and initialed.

9. Tenders shall be in the English Language.

10. In case of an arithmetical error in the Bill of Quantities, the tendered unit prices shall

govern and adjustments will be made to the total amount to suit.

11. Tenders shall be valid for a period of ninety (90) calendar days from the date stated for

the opening of Tenders.

12. The successful Tenderer shall be required to submit a Performance Guarantee, Advance

Payment Bond, Certificate of Insurance and other Documents as specified in the Contract

Documents.

13. Tenders shall be submitted based on the exact details and materials shown or specified in

the Tender Documents.

14. Tenderers shall have no interest in any Tender other than their own, and they shall have

no connection with any person, firm or corporation making a Tender for the same Works.

15. Tenderers shall at their own expense visit, inspect and consider the Works Site, its

surroundings and climatic conditions and obtain for themselves at their own

responsibility all information, including the Tender Documents, Bill of Quantities and

Drawings that may be necessary for making a Tender and entering into a Contract.

Failure of the successful Tenderer to carry out the requirements of this Clause shall in no

way exonerate him from his responsibilities for successfully performing the Works and

carrying out his obligations under the Contract. Information derived from maps, plans,

Specifications, profiles, reports or Drawings or from the Engineer or his assistants, or the

Employer shall not relieve the Tenderer of the responsibility of making his own

assessment of conditions and difficulties that will attend the execution of the Work. The

interpretation of the data disclosed by borings or other preliminary investigations is not

guaranteed by the Engineer or Employer. The successful Tenderer shall not at any time

after the execution of the Construction Contract be entitled to payment for any claim

whatsoever based on incorrectly assumed conditions and any misunderstanding in regard

to the nature, conditions or character of the Works to be done under this Contract.

16. Any Tender which in the opinion of the Evaluation Panel is so unbalanced between the

various Contract Items as to be detrimental to the interest of the Employer may be

rejected.

An unbalanced Tender is defined as a Tender whose various items may consist of one or

both of the following:

a. Unusually high mobilization amount when compared to other Tenders and the

Engineer's Estimate.

b. Unusually higher or lower unit price amounts when compared to other Tenders

and the Engineer's Estimate, resulting in a perceived element of prepayment to the

Contractor,

17. Tenderers shall also note that:

a. Incomplete Tenders and those that do not comply essentially with the

Specifications or do not entirely conform to the Tender Documents may be

rejected and may not be considered.

b. The Employer may declare tendering void when none of the Tenders comply with

the Tender Documents or Specifications or when it is evident that there has been a

lack of competition and/or that there has been collusion amongst Tenderers or

other participants.

c. All Tenders at the sole discretion of the Employer may be rejected if they are

higher than the official budget established by the Employer by an amount

sufficient to provide reasonable justification for such action.

d. Tenders will be rejected if an original tender is not submitted with an alternative

Tender

e. Tenders will be rejected if improperly executed and documented.

f. NO TENDER WILL BE CONSIDERED UNLESS A COMPLETED AND

SIGNED CERTIFICATE OF NON-COLLUSION IS ATTACHED.

18. Should there be any doubt or obscurity as to the meaning of the Tender Documents or as

to anything to be done or not to be done by the Contractor, or as to these Instructions, or

as to any other matter or thing, the Tenderer shall set forth in writing a request for

clarification and submit the same to the Employer not later than ten days before the date

of Tender receipt. A response will be provided by the Engineer within three days in the

form of an Addendum, and sent to all Tenderers and be incorporated in the Tender

Documents.

19. All addenda issued by the Engineer prior to the Tender date shall be attached to and shall

form part of the Tender.

20. All moneys referred to in the Tender Documents are in the currency of the United States

of America ($U.S.) unless otherwise stated.

AP/asb 26.11.2004 FIDIC Yellow Book Std. 1

GOVERNMENT OF THE TURKS AND CAICOS ISLANDS

CONTRACT FOR PLANT AND DESIGN - BUILD DATE: 2018 CONTRACTOR: WORKS: DESIGN AND BUILD OF GOVERNMENT OFFICE BLOCK

IN SOUTH CAICOS CONTRACT No.: PWD 17/15 C TENDER REFERENCE No. TR 17/42

ATTORNEY GENERAL’S CHAMBERS WATERLOO PLAZA WATERLOO ROAD

GRAND TURK TURKS AND CAICOS ISLANDS

BRITISH WEST INDIES


CONTENTS

Page

Letter of Tender 3

Appendix to Tender 5

Contract Agreement 10

Particular Conditions 13

Performance Security 19

Advance Payment Guarantee 25

Dispute Adjudication Agreement (for a one-person DAB) 28


LETTER OF TENDER

NAME OF CONTRACT:

DESIGN AND BUILD OF GOVERNMENT OFFICE BLOCK IN SOUTH

CAICOS

Tender Reference Number: TR 17/42

Contract Number: PWD 17/15 C

TO: THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS

We have examined the Conditions of Contract, Employer’s Requirements, Schedules, the

attached Appendix and Addenda Nos:

for design and the execution of the above-named Works. We have examined, understood

and checked these documents, and have ascertained that they contain no errors or other

defects. We accordingly offer to design, execute and complete the Works and remedy

any defects therein in conformity with this Tender, which includes all these documents

and the enclosed Proposal, for the lump sum of ____________________________

______________________________________________United States Dollars

(US$___________)

or such other sum as may be determined in accordance with the Conditions of Contract.

We agree to abide by this Tender until 7 June 2018 and it shall remain binding upon us,

and may be accepted, at any time before that date. We acknowledge that the Appendix

forms part of this Letter of Tender.

If this offer is accepted, we will provide the specified Performance Security and Advance

Payment Guarantee (if required), commence the Works as soon as is reasonably

practicable after the Commencement Date, and complete the Works in accordance with

the above-named documents within the Time for Completion. We guarantee that the

Works will then conform to the Schedule of Guarantees.


Unless and until a formal Agreement is prepared and executed this Letter of Tender,

together with your written acceptance thereof, shall constitute a binding contract between

us.

We understand that you are not bound to accept the lowest or any tender you may

receive.

Signature: ______________________________________

Name: _________________________________________

in the capacity of: _______________________________

duly authorized to sign tenders for and on behalf of:

Address: _______________________________________

Date: __________________________________________ 2018


APPENDIX TO TENDER

[NOTE: With the exception of the items for which the Employer’s requirements have

been inserted, the following information must be completed before the Tender is

submitted.]

Item Sub-Clause Data

Employer’s name and address 1.1.2.2 &1.3 The Government of the Turks and Caicos Islands Government Compound Grand Turk Turks and Caicos Islands British West Indies.

Contractor’s name and address 1.1.2.3 & 1.3

Engineer’s name and address 1.1.2.4 & 1.3 The Director Public Works Department South Base Grand Turk Turks and Caicos Islands British West Indies.

Time for Completion of the Works 1.1.3.3 Three Hundred and Sixty Five (365) Calendar Days

Defects Notification Period 1.1.3.7 365 (three hundred and sixty-five) calendar days.

Electronic transmission systems 1.3 Email

Governing Law 1.4 The law of the Turks and Caicos Islands.

Ruling language 1.4 English.


Language for communications 1.4 English.

Time for access to the Site 2.1 Within Seven (7) days after Commencement Date.

Amount of Performance Security 4.2 10% (Ten per cent.) of the Accepted Contract Amount, in the currencies and proportions in which the Contract Price is payable.

Contractor’s ultimate parent company (if any)

4.2 N/A

Period for notifying unforeseeable errors, faults and defects in the Employer’s Requirements

5.1 Fourteen (14) days.

Normal working hours 6.5 At the Contractor’s discretion although

consideration should be given to normal

government working hours.

Delay damages for the Works 8.7 & 14.15 (b) US$250.00 (Two Hundred and Fifty Dollars) per day, in the currencies and proportions in which the Contract Price is payable.

Maximum amount of delay damages

8.7 10% (Ten per cent.) of the final Contract Price.

If there are Provisional Sums: Percentage for adjustment of Provisional Sums

13.5(b)

10% (Ten per cent).

Total advance payment 14.2 20% (Twenty per cent.) of the Accepted Contract Amount less Provisional Sums and Contingency.

Number and timing of 14.2 1 (One) payment.


Instalments of advance payment

Start repayment of advance Payment

14.2 (a) From the first interim payment after the advance payment.

Repayment amortization of advance payment

14.2(b) To be made in installments as percentage of the Interim Payments and is to be paid in full before the value of Works reaches 90%.

Percentage of retention 14.3 10% (Ten per cent.).

Limit of Retention Money 14.3 10% (Ten per cent.) of

the Accepted Contract Amount.

If Sub-Clause 14.5 applies: Plant and Materials for payment when shipped en route to the Site

14.5(b)

[list]

Plant and Materials for payment when delivered to the Site

14.5(c) [list]

Timing and installments of Interim Payment Certificates

14.6 Interim payments would be made within 28 (Twenty Eight) days of receiving payment request.

Periods for submission of insurance: Within 14 (Fourteen) days of

receiving a signed copy of the

contract.


(a) evidence of

insurance

18.1 14 (Fourteen) days.

(b) relevant policies

18.1 14 (Fourteen) days.

Insurance for the Works 18.2 The sum stated in the Agreement plus 15% (fifteen per cent.).

Minimum amount of third 18.3 US$1,000,000.00 (One party insurance Million Dollars) Minimum amount and duration of Indemnity insurance 18.3 US$5,000,000.00 (Five

Million Dollars) renewable each year for 5 years

Minimum amount of 18.4 US$1,000,000.00 (One Insurance for Contractors Million Dollars) Personnel The DAB shall be

20.2 One Sole Member/ adjudicator.

Appointment (if not agreed) to be made by

20.3 & 20.6 The President of FIDIC or a person appointed by the President.

Number of arbitrators 20.6 One.


CONTRACT AGREEMENT

THIS AGREEMENT is made the day of

Two Thousand and Eighteen

BETWEEN THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS of

Government Compound, Grand Turk, Turks and Caicos Islands, British West Indies

(hereinafter called “the Employer”) of the one part, and _________________________

_____________________________ of _____________________________________

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

WHEREAS the Employer desires that the Works known as DESIGN AND BUILD OF

GOVERNMENT OFFICE BLOCK IN SOUTH CAICOS should be designed and

executed by the Contractor, and has accepted a Tender by the Contractor for the design,

execution and completion of these Works and the remedying of any defects therein.

THE EMPLOYER AND THE CONTRACTOR AGREE as follows:

1. In this Agreement, words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents (all of which are either annexed or have been signed in

triplicate for identification purposes on behalf of the Parties) shall be deemed to

form, and be read and construed as, part of this Agreement:

a. The Letter of Tender dated 2018

b. The Addenda Nos.

c. The Conditions of Contract, namely:


d. the General Condition of the Federation Internationale des Ingenieurs

Conseils (“FIDIC”) Conditions of Contract for Plant and Design – Build for Electrical and Mechanical Plant, and for Building and Engineering Works, designed by the Contractor, First Edition 1999 (including Errata)

1. ISBN 2 – 88432 – 023 – 7; and

e. The Particular Conditions.

f. The Employer’s Requirements and Scope of Project.

g. The completed Schedules, namely: The Contractor’s Proposal.

3. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to

design, execute and complete the Works, and remedy any defects therein, in

conformity with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor, in consideration of the

design, execution and completion of the Works and the remedying of defects

therein, the Contract Price at the times and in the manner prescribed by the

Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

quintuplicate the day and year first before written in accordance with their respective

laws.


EXECUTED under Seal for and on behalf of THE GOVERNMENT OF OF THE TURKS AND CAICOS ISLANDS by _______________________________ Dr. John Freeman H.E. The Governor Turks and Caicos Islands Dated this day of , Two Thousand and Eighteen in the presence of: _______________________________ _____________________________ WITNESS Print Name EXECUTED under Seal for and on behalf of _______________________________ _____________________________ DIRECTOR Print Name _______________________________ _____________________________ WITNESS Print Name ____________________________ ______________________________ DIRECTOR/SECRETARY Print Name


PARTICULAR CONDITIONS

Sub – Clause 1.6 – Contract Agreement

The form of Contract Agreement is annexed.

Sub – Clause 1.7 – Agreement

Sub – Clause 1.7 shall be deleted, and the following substituted:

“Neither Party shall assign the whole or any part of the Contract or any benefit or interest

in or under the Contract, except in accordance with this Sub – Clause. Either Party:

(a) may assign the whole or any part with the prior agreement of the other Party, at the

sole discretion of such other Party, and

(b) may, as security in favour of a bank or financial institution, assign its right to any

moneys due, or to become due, under the Contract;

and the Employer may, without the consent of the Contractor, assign the whole or any part

of the Contract or any benefit or interest in or under the Contract after either the issue of

the Performance Certificate or the termination of the Contract.”

Sub – Clause 1.10 – Employer’s Use of Contractor’s Documents

In Sub – Clause 1.10 (b), add “extending” after “repairing”.

Sub – Clause 1.13 – Compliance with Laws

Add at the end of Sub – Clause 1.13:


“No Turks and Caicos Islands Government taxes or duties (except Turks and Caicos Islands

Government National Insurance and National Health Insurance contributions properly

payable) are payable on Materials and Plant incorporated into the Permanent Works

undertaken on behalf of the Turks and Caicos Islands Government.

For the avoidance of doubt the above exemption excludes taxes and duties on Contractor’s Equipment.”

Sub – Clause 2.4 – Employer’s Financial Arrangements

Sub – Clause 2.4 shall be deleted.

Sub – Clause 2.5 – Employer’s Claims


Sub – Clause 3.4 – Replacement of the Engineer


Sub – Clause 4.2 – Performance Security

Sub – Clause 4.2 shall be deleted, and the following substituted:

“The Contractor shall obtain (at his cost) a Performance Security for proper performance,

in the amount and currencies stated in the Appendix to Tender, and a Parent Company

Guarantee from the Contractor’s ultimate parent company (if any) identified in the

Appendix to Tender. In return for a suitable abatement in price, the Employer may in his

sole discretion accept a Parent Company Guarantee alone. The Contractor shall deliver the

Performance Security and Parent Company Guarantee (if any) to the Employer within 28

(twenty-eight) days after receiving the Letter of Acceptance, and shall send a copy to the


Engineer. The Performance Security shall be issued by an entity and from within a country

(or other jurisdiction) approved by the Employer. The Performance Security and Parent

Company Guarantee shall be in the forms annexed to the Particular Conditions, with such

modifications as may be necessary properly to bind the guarantors and benefit the

Employer, or in another form approved by the Employer.

The Employer shall indemnify and hold the Contractor harmless against and from all

damages, losses and expenses (including legal fees and expenses) resulting from any claim

under the Performance Security and/or Parent Company Guarantee to the extent to which

the Employer was not entitled to make the claim.”

Sub – Clause 9.4 – Failure to Pass Tests on Completion

In Sub – Clause 9.4 (b), delete:

“if the failure deprives the Employer of substantially the whole benefit of the Works or

Section,”

Sub – Clause 11.4 – Failure to Remedy Defects

In Sub – Clause 11.4 (c), the opening words shall be deleted, and the following substituted:

“(c) terminate the Contract, either as a whole or (in the Employer’s sole discretion) only in

respect of any part of the Works which cannot successfully be put to its intended use.”

Sub – Clause 11.10 – Unfulfilled Obligation

The first sentence of Sub – Clause 11.10 shall be deleted, and the following substituted:

“After the Performance Certificate has been issued, each Party shall remain liable for the

fulfilment of any obligation which remains unperformed at that time, and the Contractor


shall remain liable in accordance with the governing law of the Contract in respect of latent

and/or inherent defects in the Works.”

Sub – Clause 14.2 – Advance Payment

The third paragraph of Sub – Clause 14.2 shall be deleted, and the following substituted:

“The Engineer shall issue an Interim Payment Certificate for the first instalment after

receiving a Statement (under Sub-Clause 14.3 [Application for Interim Payment

Certificates]) and after the Employer receives (i) the Performance Security and Parent

Company Guarantee in accordance with Sub-Clause 4.2 [Performance Security] and (ii) a

guarantee in amounts and currencies equal to the advance payment. This guarantee shall

be issued by an entity and from within a country (or other jurisdiction) approved by the

Employer, and shall be in the form annexed to the Particular Conditions, with such

modifications as may be necessary properly to bind the guarantor and benefit the Employer,

or in another form approved by the Employer.”

Sub – Clause 14.6 – Issue of Interim Payment Certificates

The first sentence of Sub – Clause 14.6 shall be deleted, and the following substituted:

“No amount will be certified or paid until the Employer has received and approved the

Performance Security and Parent Company Guarantee (if any).”

Sub – Clause 15.2 – Termination by Employer

Sub – Clause 15.2 (d) shall be deleted, and the following substituted:

“(d) subcontracts the whole or any part of the Works in breach of Sub – Clause 4.4, or

assigns in breach of Sub – Clause 1.7,”

Add after Sub – Clause 15.2 (f):


“(g) becomes liable for the maximum amount of delay damages (if any) stated in the

Appendix to Tender.”

The second sentence of the second paragraph of Sub – Clause 15.2 shall be deleted, and

the following substituted:

“However, in the case of sub – paragraphs (e), (f) or (g), the Employer may by notice

terminate the Contract immediately.”

Sub – Clause 17.5 – Intellectual and Industrial Property Rights

The second paragraph of Sub – Clause 17.5 shall be deleted.

Sub – Clause 17.6 – Limitation of Liability

The first paragraph of Sub – Clause 17.6 shall be deleted.

Sub – Clause 20.6 – Arbitration

In the first sentence of Sub – Clause 20.6, delete “international”.

Sub – Clause 20.6 (a) and (b) shall be deleted, and the following substituted:

“(a) the dispute shall be finally settled by arbitration on Grand Turk under the United

Nations Commission on International Trade Law (“UNCITRAL”) Arbitration

Rules as in force on the Commencement Date,

(b) the dispute shall be settled by the number of arbitrators stated in the Appendix to

Tender, appointed in accordance with those Rules by the appointing entity or

official named in the Appendix to Tender, and”


Add at the end of Sub – Clause 20.6:

“Subject to this Clause 20, all disputes shall be submitted to the jurisdiction of the courts

of the Turks and Caicos Islands.”

General Conditions of Dispute Adjudication Agreement

Clause 8 – Disputes

Clause 8 shall be deleted, and the following substituted:

“Any dispute or claim arising out of, or in connection with, this Dispute Adjudication

Agreement, or the breach, termination of invalidity thereof, shall be finally settled by

arbitration on Grand Turk in English under the United Nations Commission on International

Trade Law (“UNCITRAL”) Arbitration Rules as in force on the Commencement Date defined

in the Contract, by one arbitrator appointed in accordance with those Rules of Arbitration by

the President of FIDIC or a person appointed by the President.”


PERFORMANCE SECURITY

THIS GUARANTEE is made on the day of

Two thousand and Eighteen

BETWEEN:

(1)

whose registered office is at

(the “Guarantor”); and

(2) THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS of Government

Compound, Grand Turk, Turks and Caicos Islands

(the “Employer”, which term shall include its successors and assignees).

WHEREAS by an Agreement (the “Contract”) dated 2018

and made between the Employer of the one part and ______________________________

____________________ (the “Contractor”) of the other part, the Contractor undertook the

execution of certain works (the “Works”) in accordance with the terms and conditions of the

Contract.

IT IS AGREED as follows:-

1 The Guarantor hereby absolutely irrevocably and unconditionally guarantees to the

Employer the due and punctual performance by the Contractor of all the obligations on

the part of the Contractor under or pursuant to the Contract (the “Terms”) and (as a

separate stipulation and as primary obligor) agrees that if the Contractor shall in any

respect commit any breach of or fail to fulfil any of the Terms, then the Guarantor will

forthwith perform and fulfil in place of the Contractor each and every Term in respect

of which the Contractor has defaulted or which is unfulfilled by the Contractor. The

Guarantor shall be liable to the Employer for all losses, damages, expenses, liabilities,

claims, costs or proceedings which the Employer may suffer or incur by reason of the

said failure or breach. Provided:


1.1 that the total liability of the Guarantor shall not exceed __________________

1.2 that upon the taking - over of the Works by the Employer in accordance

with Sub –Clause 10.1 of the Conditions of the Contract, the total liability

of the Guarantor stated above shall reduce by 50% (fifty per cent.)

1.3 that any claim hereunder must be received by the Guarantor on or before the

payment by the Employer to the Contractor of the last of the Retention Money

in accordance with Sub – Clauses 14.7 and 14.9 of the Conditions of the

Contract, when this Agreement shall expire.*

2 The Guarantor shall be, and continue to be, liable under this Agreement even if the

Contract is or becomes not binding on, or unenforceable against, the Contractor, for

any reason whatever. No alterations in the Contract, or in the Works, and no extension

of time, forbearance or forgiveness, nor any act, matter or thing whatsoever except an

express release by the Employer, shall in any way release or reduce any liability of the

Guarantor hereunder. References to the Contract in this Agreement shall include all

amendments, variations and additions to it, whether made before or after the date

hereof.

3 This guarantee shall remain in full force and effect until performance in full of the

Terms, notwithstanding:

3.1 the insolvency or liquidation of the Contractor, the Guarantor or any other

person;

3.2 any disclaimer of the Contract by a liquidator of the Contractor; and/or any

feature of the Contract, the negotiations prior to the Contractor and the

Employer entering into the Contract, or the performance of the Contract,

making it ineffective or unenforceable.


4 Until the Terms have been unconditionally and irrevocably performed in full the

Guarantor shall not by virtue of any performance or payment made by it or otherwise:

4.1 be subrogated to any rights, security or moneys held or received or receivable

by the Employer; or

4.2 be entitled to exercise any right of contribution from any co-surety in respect

of such performance and liabilities under any other guarantee, security or

agreement; or

4.3 exercise any right of set-off or counterclaim against the Contractor or any such

co-surety; or

4.4 receive, claim or have the benefit of any payment, distribution, security or

indemnity from the Contractor or any such co-surety; or

4.5 unless so directed by the Employer (when the Guarantor will prove, and turn

over any realisations to the Employer, in accordance with such directions)

claim as a creditor of the Contractor or any such co-surety in competition with

the Employer.

5 No delay or omission of the Employer in exercising any right, power or privilege

hereunder shall impair such right, power or privilege or be construed as a waiver of

such right, power or privilege nor shall any single or partial exercise of any such right,

power or privilege preclude any further exercise thereof or the exercise of any other

right, power or privilege. The rights and remedies of the Employer herein provided are

cumulative and not exclusive of any rights or remedies provided by law.

6 A waiver given or consent granted by the Employer under this guarantee will be

effective only if given in writing and then only in the instance and for the purpose for

which it is given.


7.1 If at any time any one or more of the provisions of this guarantee is or becomes invalid,

illegal or unenforceable in any respect under any law, the validity, legality and

enforceability of the remaining provisions hereof shall not be in any way affected or

impaired thereby.

7.2 As a separate and alternative stipulation the Guarantor unconditionally and irrevocably

agrees that any sum expressed to be payable by it or obligation to be performed by it

under this guarantee but which is for any reason (whether or not now existing and

whether or not now known or becoming known to the Guarantor) not recoverable from

or enforceable against the Guarantor on the basis of a guarantee shall nevertheless be

recoverable from or enforceable against the Guarantor as if the Guarantor were the sole

principal debtor or obligor (where relevant).

8.1 Any notice, demand or other communication to be served under this guarantee may be

served upon the Guarantor only by posting or delivering the same or sending the same

by telex or facsimile transmission to the Guarantor at its address, or telex or facsimile

number shown below:

Address:

Telex:

Fax:

or at such other address or number as the Guarantor may from time to time notify in

writing to the Employer.

8.2 Any notice, demand or other communication to be served under this guarantee may be

served upon the Employer only by posting or delivering the same or sending the same

by telex or facsimile transmission to the Employer at its address, or telex or facsimile

number shown below:

The Hon. Attorney General Attorney General’s Chambers Waterloo Plaza Complex, Waterloo Road


Grand Turk Turks and Caicos Islands Email: [email protected] Fax: (649) 946-1329

or at such other address or number as the Employer may from time to time notify in

writing to the Guarantor.

9 A notice or demand served by post shall be deemed duly served on the tenth business

day after the date of posting and a notice or demand sent by telex or facsimile

transmission shall be deemed to have been served at the time of transmission unless

served after 5.00 p.m. in the place of intended receipt in which case it will be deemed

served at 9.00 a.m. on the following business day. For the purposes of this clause

“business day” means a day on which commercial banks are open for business in

London, England.

10 In proving service of any notice it will be sufficient to prove, in the case of a letter, that

such letter was properly stamped or franked, addressed and placed in the post and, in

the case of telex or facsimile transmission, that such telex or facsimile was duly

transmitted on a business day to a current telex or facsimile number of the addressee at

the address referred to above.

11 The Employer shall be entitled to assign or transfer all or any of the Employer’s rights

under this guarantee without the consent of the Guarantor.

12 The proper law of this guarantee shall be the law of the Turks and Caicos Islands, and

all disputes which may arise under, out of, or in connection with, or in relation to, this

guarantee shall be submitted to the jurisdiction of the courts of the Turks and Caicos

Islands.

IN WITNESS whereof the Guarantor has caused this guarantee to be executed as a Deed the

day and year first before written in accordance with the law governing the constitution of the

Guarantor.


EXECUTED under Seal for and on behalf of in the presence of:

______________________________ DIRECTOR/OWNER ______________________________ PRINT NAME

___________________________ ______________________________ WITNESS DIRECTOR/SECRETARY

______________________________ ______________________________ PRINT NAME PRINT NAME

* Employer to amend or delete as appropriate.


ADVANCE PAYMENT GUARANTEE

To: THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS of

Government Compound, Grand Turk, Turks and Caicos Islands, British West Indies

(hereinafter called “the Employer”).

Re: Contract Name and No: DESIGN AND BUILD OF GOVERNMENT OFFICE BLOCK IN SOUTH CAICOS, PWD 17/15 C, TENDER REFERENCE No. 17/??

(“the Contract”).

In accordance with the Conditions of Contract (Sub-Clause 14.2 (Advance Payment)) of

the Contract, _________________________________ of ______________________

(“the Contractor”) is required to provide the Employer with a guarantee in amounts and

currencies equal to the advance payment, namely: Twenty percent (20%) of the agreed

contract amount less the Provisional Sums and Contingency

We, of ,

unconditionally and irrevocably guarantee to pay (as primary obligor and not as surety

merely) to the Employer on his first demand without any right of objection whatsoever on

our part and without any Employer’s first claim to the Contractor, amounts from time to

time so demanded not exceeding the amount[s] stated above.

We shall be, and continue to be, liable under this guarantee even if the Contract is or

becomes not binding on, or unenforceable against, the Contractor, for any reason whatever.

No alterations in the Contract, or in the Works described therein, and no extension of time,

forbearance or forgiveness, nor any act, matter or thing whatsoever except expiry in


accordance with its terms or an express release by the Employer, shall in any way release

or reduce our liability under this guarantee. References to the Contract in this guarantee

shall include all amendments, variations and additions to it, whether made before or after

the date hereof. We hereby waive notice of any such amendment, variation or addition.

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

payment repaid by the Contractor as indicated in the Payment Certificates issued in

accordance with the Contract.

This guarantee (as so progressively reduced) shall remain valid and in full effect until the

Employer receives full repayment of the amount[s] stated above from the Contractor.

The proper law of this guarantee shall be the law of the Turks and Caicos Islands, and all

matters relating hereto shall be determined by the courts of the Turks and Caicos Islands.

IN WITNESS whereof we have caused this guarantee to be executed as a Deed this

day of 2018

THE COMMON SEAL of

was hereunto affixed in the presence of:

Director/Owner: …………………………..

Print Name: ……………………………….

Secretary: …………………………………

Print Name: ………………………………


DISPUTE ADJUDICATION AGREEMENT

[for a one- person DAB]

Name, date and details of Contract:

Name and address of Employer: THE GOVERNMENT OF THE TURKS AND

CAICOS ISLANDS of Government Compound,

Grand Turk, Turks and Caicos Islands, British West

Indies.

Name and address of Contractor:

Name and address of Member:

WHEREAS the Employer and the Contractor have entered into the Contract and desire

jointly to appoint the Member to act as sole adjudicator, who is also called the “DAB”, to

adjudicate a dispute which has arisen in relation to

THE EMPLOYER, CONTRACTOR AND MEMBER JOINTLY AGREE as follows:

i. The conditions of this Dispute Adjudication Agreement comprise the “General

Conditions of Dispute Adjudication Agreement”, including the Annex (Procedural

Rules), which are referred to in the Contract, and the following provisions. In these

provisions, which include amendments and additions to the General Conditions of

Dispute Adjudication Agreement, words and expressions shall have the same

meanings as are assigned to them in the General Conditions of Dispute Adjudication

Agreement.

ii. The General Conditions of Dispute Adjudication Agreement shall be amended as

stated in the Particular Conditions of the Contract.


iii. In accordance with Clause 6 of the General Conditions of Dispute Adjudication

Agreement, the Member shall be paid a daily fee of

per day.

iv. In consideration of these fees and other payments to be made by the Employer and

the Contractor in accordance with Clause 6 of the General Conditions of Dispute

Adjudication Agreement, the Member undertakes to act as the DAB (as adjudicator)

in accordance with this Dispute Adjudication Agreement.

v. The Employer and the Contractor jointly and several undertake to pay the Member, in

consideration of the carrying out of these services, in accordance with Clause 6 of the

General Conditions of Dispute Adjudication Agreement.

vi. This Dispute Adjudication Agreement shall be governed by the law of the Turks and

Caicos Islands.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

triplicate the day and year first before written in accordance with their respective laws.

SIGNED by

for and on behalf of the Employer in the presence of:

Witness:

Name:

Address:

Date:


SIGNED by

for and on behalf of the Contractor in the presence of:

Witness:

Name:

Address:

Date:

SIGNED by the Member in presence of:

Witness:

Name:

Address:

Date:

Certificate of Non-Collusion

TR 17/42

TURKS AND CAICOS ISLANDS GOVERNMENT

TENDER SUBMISSION CERTIFICATE OF NON-COLLUSION

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

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

II. Enter into any agreement or arrangement with any person that they shall refrain from tendering, that they shall withdraw any tender once offered or vary the amount of any tender to be submitted

III. Otherwise collude with any person with the intent of preventing or restricting full competition

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

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

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

I/We acknowledge that any breach of the foregoing provisions shall lead automatically to this tender being disqualified and may lead to criminal or civil proceedings.

The Turks and Caicos Islands Government shall treat any tender received in confidence but reserves the right to make the same available to any other funding organisation or statutory regulatory authority either having jurisdiction over the works or who may now or at any time in the future have statutory power to require disclosure of this tender.

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

Signature………………………….……….. in capacity of ……….……….………..….…….

Print Name: ……………………….………. Date…………………………………

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

Name of Company/firm: ……………………..……………………………………………………

Full postal address…………………………………………………………………………………

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

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

Telephone no………………………….……. Fax no ……………………………………….

Email: ……………………………………….

E – EMPLOYER’S REQUIREMENTS,

GUIDELINES AND CONTOUR MAPS

PROJECT: CONSTRUCTION OF SOUTH CAICOS OFFICE BLOCK

LOCATION: SOUTH CAICOS, TCI

DATE: FEBRUARY 9, 2018

DESIGN CRITERIA

1.00 BUILDING SITE

1. The building is located near the Regatta Village and South Caicos Clinic.

2. Fill existing ground to 8"thick of approved filling materials to make level to sub‐

floor. Filling materials and compaction to be approved by Engineer.

3. The office block building is 5,012 square feet including the warehouse.

2.00 EXCAVATION & EARTHWORKS

1. Depth of excavation shall be minimum of 2'‐4" deep from the existing ground level

to the bottom of foundation or as maybe designed.

2. Backfilling to be in layers and watered.

3. Extra excavated materials not in use shall be dispose to government garbage site.

3.00 CONCRETE & MASONRY WORKS

1. Design to be followed according TCI Codes and Standards.

2. The building is to be hurricane proof consist of concrete roof with approved

insulation "Sarnafil" or any approved brand.

3. Substructures and Superstructures to be designed for future expansion for 2‐

storey building.

4. Concrete to be 4500psi and steel reinforcement to be 60000psi.

5. All sand & gravel requirements shall be imported and approved by Engineer.

4.00 FINISHES

1. Floor tiles to be 1/4"thick ceramic tiles

2. Underside of the roof slab to be plain cement finish with flat wall acrylic paint

finish.3. Interior & Exterior Surfaces to be plain cement finish painted with acrylic semi‐

gloss paint.

4. Drywalls to be P.T. lumber framing and 1/2"thick moisture resistant sheetrock to

both sides.5. Bathrooms to be cement board on partitions and glazed ceramic tiles up to door

height.

5.00 WINDOWS & DOORS

1. Windows to be hurricane rated 150MPH wind speed capacity; PGT single‐hung

colonial type aluminum framed clear glass.2. Interior door to be flush door complete with hardware and YALE brand knob set;

provide suitable aluminum kick plate.3. Exterior door to be hurricane rated fiberglass wood core with complete hardware

and YALE brand stainless steel heavy duty combo locking system.

Description Remarks

Page 1

DESIGN CRITERIA

6.00 MEP/FP/CCTV/SECURITY ACCESS (Entire Building & Steel Building)

1. Electrical works to be in accordance with TCI codes.

2. Electrical light fixtures to be LED.

3. Provide exterior building lights

4. Data connections to all offices

5. AC units to all offices. Units to be Carrier X‐power 23 SEER

6. Holding tank and Klagester water treatment unit, 1000 GPD complete with all

accessories. 7. Commercial type water closet, wall‐mount lavatory, toilet paper holder, soap

holder and stainless steel faucets.

8. Exhaust fans to all toilets9. Piping connections to water supply hot and cold, drainage system and sewage

system.

10. Water Heater and water pump units

11. CCTV components; 8 cameras and other accessories.

12. Ceiling Fan to lunch area

13. Security Access to interior doors leading to treasury and offices within. (4Nr)

14. Fire Alarm System to entire building

13. All other works necessary to complete the MEP/FP/CCTV

7.00 FIXTURES & FITTINGS

1. Work Stations to PWD, Road Safety.

8.00 STEEL BUILDING

1. The steel building to resist 180MPH wind speed capacity2. Provide mezzanine floor to accommodate offices for Customs ( See attached floor

plan)3. Mezzanine shall be steel designed floor components with marmolium floor

finishes.

4. Drywall partitioning.

5. Clear fixed glass for viewing to front warehouse.

6. Provide toilet in the Mezzanine Floor.7. Height of Steel building shall be 19'‐0" starting from finished ground floor level to

top of roof beam.8. Roll‐up doors shall be stainless steel components hurricane rated 150MPH wind

speed capacity.

9. Roof sheeting shall be 24 gauge metal roof with galvanized hot dipped screws.

10. Ceiling shall be acoustic tiles with fiberglass insulations to Mezzanine area.

9.00 SITE WORKS

1. Carpark approximately 700 square yards with concrete stopper and lines.

Description Remarks

Page 2

Price Breakdown

DESIGN AND CONSULTANCY COSTS

ITEM Description Rate Amount Remarks/Description/Comments

1 Design CostProduction of drawings including As-Built for Planning approval and construction purposes. Item 1

2 CONSTRUCTIONInsurance Item 1Performance Security Item 1Advance Payment Guarantee Item 1Preliminaries including securing site, temporary services, safety gears and equipment. Item 1Site Survey Item 1Site Clearance Item 1

GENERAL

3 Foundation Item 1

4 Sub-Structure Item 1

5 Super-Structure Item 1

6 Roof Item 1

7 Floor Finishes Item 1

8 Wall Finishes Item 1

9 Ceiling Finishes Item 1

10 Electrical, A/C, Fire, Data, Security system Item 1

11 Plumbing Item 1

12 Site Works Item 1

13 Contingency Item 10% -$

Grand Total -$

Note: Your Price Breakdown should include for the completion of the entire project/scope as requested in the Employer's Requirement document.

Design and Build of Government Office Block in South Caicos (TR 17/42)

Unit

G - Tender Evaluation Criteria TR 17/42

Part 2 Evaluation

2.1 Points for Quality (A)

Description Maximum

points (A)

1. Experience and Technical Capability

(For a consortium the Scores will be split according to the skill

sets of the each consortium member)

Measure Proposed work program and schedule for the works

showing completion of the Works in the contracted

timeframe (works proposed to be completed in the least

practicable time will receive the maximum points)

7

Requirement Attach Work Plans and Schedules clearly showing the

design phase and the construction phase and a total

duration

Overall Duration of Project – Design Phase to be identified along with construction phase separately.

Procurement Plan and Duration

Duration and sequence of activities as they relate to this project

All aspects/sections of the works represented in the schedule

Measure Proposed design, materials, functionality and layout based

on the specifications provided.

Requirement Attach proposed design scheme or schemes, including

drawings, according to the provided Terms of Reference

showing proposed materials and layout. Any amendments

10

or improvements to the outline design should be clearly

identified. More points will be given to innovative and cost

effective solutions. Design Creativity (Ability to stay within budget and

exceed scope whist within budget constraints)

Design Functionality (Keeping to Scope)

Use of Green Initiative

Measure A method statement demonstrating that you understand the

scope of the work including design and construction and

how you propose to carry it out. 7

Requirement Attach a methodology explaining how you intend to design

and execute the works and the processes in doing so. Sequence of activates as you would undertake to

execute the project Health and Safety Plan Site accessibility of the property Noise Control Waste Disposal

Measure Experience of this kind of Works. Design 3

Requirement Supply a list of similar projects successfully completed in

Construction 3

the last 5 years: A list identifying Similar Projects – Design Based:

To include Cost/Value, Timeframe, Location A list identifying Similar Projects – Construction

Based: To Include Cost/Value, Timeframe, Location

Points for this section 30

2. Resources & Financial Capacity

Measure Demonstrate that the company has sufficient professional staff

to complete the design and supervision of the project in a

timely manner. 5

Requirement Supply a list of professional staff proposed for the design and

supervision of the project noting their location, availability and

Copies of CVs. Identify Associated Architects with

Qualifications Identify Associated Quantity

Surveyors with Qualifications Identify Associated Engineers

With Qualifications

Measure Demonstrate that the company has sufficient labour resources to

complete the project in a timely manner.

Requirement Supply a list of labour including heavy equipment and plant 5

operators proposed for the construction of project. If labour is

sub-contracted or recruited casually this should be indicated. Identify Associated Skilled Labour Force inclusive of

Carpenters, Plumbers, Masons, Etc.

Measure Demonstrate that the company has sufficient equipment, and

other resources, to complete the project in a proper and timely

manner.

5

Requirement Supply a list of equipment and other resources proposed for

the construction of the project showing its ownership and availability. The serial number and overall condition of each piece of major equipment should also be provided as well as evidence of ownership.

Measure Availability of financial resources. Evidence that the

Contractor is able to fund the works.

Requirement Evidence of good financial standing (bank letter, no older than

six months and in the name of the company, stating availability 5

of funds or credit to perform the value of the contract) to show

that you are capable of carrying on the works for at least four

(4) weeks without funding from TCIG.

Points for this section 20

Total Points for Quality (A) 50

For Bidders to be considered for the Evaluation of Price they would have to achieve 30

points or more in the Evaluation of Quality A. Bidders attaining less than this score may

not be considered further.

2.2 Evaluation of Price

2.21 The Bidders price should show a clear concise breakdown of the overall cost of the

each element of the project including design, supervision, construction and

maintenance according to Table F Price Breakdown. Furthermore construction costs

should be broken down into individual unit prices of each element of the project in

the form of a bill of quantities.

2.22 Tenders from each of the bidders will be considered as to whether they are

unbalanced in their pricing. If it is deemed that they are, they may not be considered

further.

2.23 Each tender will be corrected for arithmetical errors. In case of arithmetical error in

the bill of quantities the tendered unit price will govern and adjustments will be made

to the total amount to suit.

2.24 Tender prices that the evaluation committee deem to be unrealistically low without

any justification from the bidder may not be considered. 2.3 Points for Price Points for price will be calculated based on the following formula: Lowest Corrected Bid

X 50 = Number of Points for Price (B) Corrected Bid Price 2.4 Tender evaluation table The total number of points for each contractor will be calculated by adding Points for Quality (A) to Points for Price (B) to give a total score (out of 100).

Preference Bidder No.1 Bidder No.2 Bidder No.3 Bidder No.4

Points for Quality (A)

Points for Price (B)

Overall Total Score

2.5 Preferred Bidder The ‘preferred bidder’ is the company or consortium submitting the tender with the highest

combined scores for Quality (A) and Price (B) and negotiation will be undertaken with them

with a view to agreeing a Contract. If an agreement cannot be reached with the ‘preferred bidder’ the bidder with the next highest

points will be nominated as the ‘preferred bidder’. Negotiations will be undertaken with each

subsequent ‘preferred bidder’ until contractual agreement is reached or otherwise.

H - Tender Declaration & Pre-Qualification Form TR 17/42 The Contractor is required to initial (where necessary), complete and sign this Section. The bidder shall provide all the information requested within the tender documents to be considered for evaluation. Omission of required information may result in being disqualified or not being considered further as appropriate.

A consortium of Consultant(s) and/or Contractor(s) will be allowed however the structure of the consortium should be clearly shown and the agreement between the consortium members supplied. Each of the Consortium members should complete the following Technical Evaluation Criteria information.

Part 1 – Qualification to be considered.

1. Completed and signed Certificate of Non-Collusion.

(PLEASE ENSURE IT IS COMPLETED AND SIGNED) Required

2. Copy of Current Business License in the appropriate class of business or receipt of payment.

Required

3. Copy of Certificate of Good Standing (if a Limited Company) or copy of Certificate of Registration (for other entities).

Required

4. A complete listing of the Directors and/or Principals of the Company. Required 5. I certify that neither I nor any of the other Directors or Principals of the

Company have a conflict of interest (actual or perceived, as defined by the TCI Code of Conduct issued by the Integrity Commission) within this tender. If yes, details are submitted.

Required

Initial here

6. I certify that no contracts with the Company have been cancelled for non-performance in the last five (5) years

Required

Initial here

7. I declare that no bankruptcy or insolvency proceedings are held against the Company or its Principals

Required

Initial here

8. I declare that there is no ongoing or pending litigation against the company or the Principals

Required

Initial here

9. A list of sub-contractors proposed is attached including information in 1 to 3 and 5 to 8 above for each sub-contractor.

Only if Sub-contractors proposed

10. Comments on the Draft Contract (if no comments attached it is assumed that the bidder will be content to agree the Contract without amendments.)

Optional

11. Suggestions, recommendations and suitable solutions to problems with carrying out the contracted Works

Optional

12. Any other supporting information that will justify your tender prices Optional

I certify that I have read the whole of the tender documentation and that the above information is

correct.

Signature of Principal of Company: _______________________Date: ________________________ Print Name: __________________________ in the Capacity of: _____________________________ Telephone Number: __________________email address: __________________________________

TENDER ENVELOPE LABEL

Tender Reference No: TR 17/42

Tender for: DESIGN AND BUILD OF GOVERNMENT OFFICE BLOCK IN SOUTH CAICOS

To be returned by: 9:00 a.m. on Friday, 9 March 2018

Contract No: PWD 17/15 C

To: Secretary to the Procurement Board Office of the Deputy Governor Waterloo Plaza (upstairs Scotiabank) Waterloo Road Grand Turk Turks and Caicos Islands