BIDDING DOCUMENT (SINGLE-STAGE) Issued on: 17.03.2021 for the Supply, Installation and Commissioning of Investment Management System for the Centralized Investment Unit of the Central Bank of Sri Lanka IFB Number: LK-CBSL-223669-GO-RFB Project: Sri Lanka Financial Sector Modernization Project Purchaser: Monetary Board of the Central Bank of Sri Lanka3 oo ocInvitation for Bids (IFB) Sect mn I, Instructions to Bidders (ITB Table of Clauses..... Section III. Eligible Countries for the Provi Bank-Financed Procurement Eligible Countrics for the Provision of Goods, Works, and Services in Bank-Financed Procurement.. 50 Section IV. General Conditions of Contract. ates Table of Clauses. 52 Section V. Special Conditions of Contract (SCC). resi 7 Table of Clauses... 128 Section VI. Technical Requirements (including Implementation Schedule).sssnsel43 Table of Contents: Technical Requirements. Section VII. Sample Forms Notes to Bidders on working with the Sample Forms. Table of Sample Forms...INVITATION FOR BIDS (IFB)Invitation for Bids 2 Invitation for Bids (IFB) Date: 17.03.2021 Name of Country: Democratic Socialist Republic of Sri Lanka Name of Project: Sri Lanka Financial Sector Modernization Project, Implementation of an Investment Management System for the Centralized Investment Unit of the Central Bank of Sri Lanka Credit Number : Cr-6006-LK. IFB Title: Tender for Supply, Installation and Commissioning of Investment Management System for the Centralized Investment Unit of the Central Bank of Sri Lanka IFB Number: LK-CBSL-223669-GO-RFB 1. This Invitation for Bids (IFB) follows the General Procurement Notice (GPN) for this project that appeared in UNDB online on 4" May, 2018. 2. The Government of Democratic Socialist Republic of Sri Lanka has received a credit from the Intemational Development Association toward the cost of Sri Lanka Financial Sector Modernization Project, and it intends to apply part of the proceeds of this credit to payments under the agreement(s) resulting from tis IFB: Tender for Supply, Installation and Commissioning of Investment Management System for the Centralized Investment Unit of the Central Bank of Sri Lanka. 3. The Central Bank of Sri Lanka (CBSL) serves as the implementing agency for the project and now invites sealed bids from eligible Bidders for implementation of an Investment Management System to provide an automated, secure and easy-to-use solution in handling the front office (FO), middle office (MO) and back office (BO) functions of its Centralized Investment Unit. The system shculd be able to use SWIFT for sending and receiving settlement instructions. This should also inelude hardware, software, training of operational and technical staff of CBSL, initial operations of the system for two months after cutover. 4. Bidding will be conducted using the Intemational Competitive Bidding (ICB) procedures specified in the World Bank's Guidelines: Procurement under IBRD Loans and IDA Credits, edition of dated January 2011, revised in July 2014, and is, open to all Bidders eligible as defined in these Guidelines,* that meet the following minimum qualification criteria: CBSL will consider bids only from suppliers who have successfully implemented at least one Investment Management System in financial institutions during last five financial years. The suppliers must have had an average annual tumover of not less than United States Dollars One Million (USS 1,000,000/-) or equivalent in the past three financial years ended 2019. 5. Interested eligible Bidders may obtain further information from the Central Bank of Sri Lanka and inspect the bidding documents at the address given below during working days from 0900 — 1500 Hours (Sri Lanka time) or may request by e-mail during the period 17.03.2021 ~ 03.05.2021. A pre-bid meeting which potential bidders may attend will be held on 06.04.2021, Potential bidders who wish to participate at the pre-bid meeting virtwally may contact Project Office for detailsInvitation for Bids A complete set of bidding documents in English may be purchased by or emailed to interested Bidders on submission of a written request on a Business Lettethead by making a nonrefundable fee of Sri Lankan Rupees Nineteen Thousand Five Hundred (LKR 19,500/- or in United States Dollars Hundred (USS 100/-).. The method of payment will be Cheque/Draft drawn in favor of Secretary, Central Bank of Sri Lanka. In addition, bidders are able to credit the above fee to the CBSL. USD nosiro account with Federal Reserve Bank of New York (FRNYUS33) bearing account no. 021083514 SRILA indicating the beneficiary as CBSL (CBCELKLY). In this case, the bidders should submit a written confirmation of the payment on a business letterhead through an email to the address given below once the transfer has been completed to the nostro account. The Bidding Document will be sent by courier. Bids must be delivered to the address below at or before 1400 hours on 04.05.2021. need to be secured by a Bid Security. The amount of Bid Security required is Sri Lankan Rupees Nine Hundred and Eighty Thousand (LKR 980,000/-) or in United States Dollars Five Thousand (USS 5,000/-). Late bids will be rejected. Bids will be opened in the presence of Bidders’ representatives who choose to attend at the address below" at 1400 hours on 04.05.2021 ‘The attention of prospective Bidders is drawn to (i) the fact that they will be required to certify in their bids that all software is either covered by a valid license or was produced by the Bidder and (ii) that violations are considered fraud, which can result in ineligibility to be awarded World Bank-financed contracts. CBSL Project Office for Financial Sector Modernization HM.P.B. Herath Tower 2, Level 10, Central Bank of Sri Lanka, No, 30, Janadhipathi Mawatha, Colombo 1, Sri Lanks Tel: +94 112477337 Fax: +94 11247723, email: project,[email protected]SECTION I. INSTRUCTIONS TO BIDDERS (ITB) (Single-Stage Bidding)Section I Instructions to Bidders . Preparation of Bids ). Submi Table of Clauses 1. Scope of Bid and Bidding Process. 2. Source of Funds... sr 3. Fraud and Corruption. 4. Bligible Bidders 5. Eligible Goods and Services 6. Qualifications of the Bidder.. 1. 8. Cost of Bidding... Site Visit... The Bi 9. Content of Bidding Documents 10. Clavification of Bidding Documents and Pre-bid Meeting 11, Amendment of Bidding Documents .. rae ig Documents.. 12, Language of Bid. 13, Documents Comprising the Bid... 14. Bid Prices 15, Bid Currencies 16. Documents Establishing the Conformity ofthe Information System to the Bidding Documents... 17. Securing the Bid. 18. Period of Validity of Bids. 19. Format and Signing of Bid. n of Bids... 20. Sealing and Marking of Bids... 21. Deadline for Submission of Bids 22. Late Bids... 23, Withdrawal, Substitution, and Modif Bid Opening and Evaluation 24. Opening of Bids by Purchaser... 25. Clarification of Bids. 26. Preliminary Examination of Bids. 27. Conversion to Single Currency. 28. Evaluation and Comparison of Bids 29, Domestic Preference sn 30. Contacting the Purchaser Postqualification and Award of Contract... 31. Postqualification ... 32. Award Criteria.Section I. Instructions to Bidders 6 33. Purchaser's Right to Vary Quantities at Time of Award... 34. Purchaser's Right to Accept Any Bid and to Reject Any or All Bids 35. Notification of Award. : 36. Signing of Contract... 37. Performance Security. 38. Adjudicator.7 Section I Instructions to Bidders Instructions to Bidders A. GENERAL Se EEEnEUn Eee Scope of Bid 1.1 The Purchaser named in the BDS and the SCC for GCC Clause and Bidding 1.1(b) (i), oF its duly authorized Purchasing Agent if so Process specified in the BDS (interchangeably referred to as “the Purchaser” in these Bidding Documents), invites bids for the supply and installation of the Information System (IS), as briefly described in the BDS and specified in greater detail in these Bidding Documents. 1.2 The title and identification number of the Invitation for Bids (IFB) and resulting Contract(s) are provided in the BDS. 1.3 Throughout the Bidding Documents, the term “in writing" means communicated in written form (e.g. by mail, e-mail, fax, telex) with proof of receipt, and the term "days" means calendar days unless a different meaning is evident from the context, 1.4 If the BDS so provides, altemative procedures forming part ot all of what is commonly known as e-Tendering are available to the extent specified in, or referred to by; the BDS. 2. Source of 2.1. The Borrower named in the BDS has applied for or received a Funds loan or credit (as identified in the BDS, and called a “loan” in these Bidding Documents) from the Intemational Bank for Reconstruction and Development or the Intemational Development Association (called “the Bank” in these Bidding Documents) equivalent to the amount indicated in the BDS toward the cost of the Project specified in the BDS. The Borrower intends to apply a portion of the proceeds of this loan to cligible payments under the Contract for which these Bidding Documents are issued, 2.2 Payment by the Bank will be made only at the request of the Borrower, or the Borrower's executing agency, and upon approval by the Bank in accordance with the terms and conditions of the Loan Agreement, and will be subject in all respects {o the terms and conditions of that agreement. The Loan Agreement prohibits a withdrawal from the loan account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of ‘the Bank, is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. No party other than the Borrower shall derive any rights from the Loan Agreement or have any claim to theSection J, Instructions to Bidders 8 loan proceeds. 3. Fraud and 3.1. It is the Bank’s policy to require that Borrowers (including Corruption beneficiaries of Bank loans), as well as bidders, suppliers, and contractors and their subcontractors under Bank-financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts.' 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 partys (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 obligation; (iii) “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose. inchiding to influence improperly the actions of another party; (iv) “coercive practice”’ is impairing or harming, or threatening to impair or harm, directly of indirectly, any party or the property of the party to influence improperly the actions of a party; (v) “obstructive practice” is (aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to In this context, any action taken by a bidder, supplier, contractor, or a sub-contractor to influence the procurement process or contract execution for undue advantage is improper. “Another party” refers to a public official acting in reation to the procurement process or contract execution}. In this context, “public official” includes World Bank staf and employees of other ‘organizations taking or reviewing procurement decisions, A “party” refers to public official; the terms “benefit” and “obligation” relate tothe procurement process ‘or contract execution; and the “act or omission” is intended to influence the procurement process or contract execution Parties” refers to participants in the procurement process (including public officials) attempting to establish bid prices at artificial, non competitive levels A “party” refers toa participant inthe procurement process or contract executionSeation I. Instructions to Bidders 32 33 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 3.1 (e) 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 of obstructive practices in competing for the contract in question; (©) will cancel the portion of the loan allocated to a contract if it determines at any time that representatives of the Borrower ot of a beneficiary of the loan engaged in corrupt, fraudulent, collusive, or coercive practices during the procurement of 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; (d) will sanction a firm or individual, including declaring ineligible, either indefinitely or for a stated period of time, to be awarded a Bank-financed contract if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or in executing, a Bank-financed contract; and (©) will have the right to require that a provision be included in bidding documents and in contracts financed by a Bank loan, requiring bidders, suppliers, and contractors and their sub-contractors to permit the Bank to inspect their 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. Furthermore, Bidders shall be aware of the provision stated in Clause 9.8 and Clause 41.2 of the General Conditions of Contract. Any communications between the Bidder and the Purchaser related to matters of alleged fraud or corruption must be made inSection I Instructions to Bidders 10 writing, 3.4 By signing the Bid Submission Form, the Bidder represents that it cither is the owner of the Intellectual Property Rights in the hardware, software or materials offered, or that it has proper authorization and/or license to offer them from the owner of such rights. For the purpose of this Clause, Intellectual Property Rights shall be as defined in GCC Clause 1.1 (c) (xvii), Willful misrepresentation of these facts shall be considered a fraudulent practice subject to the provisions of Clauses 3.1 through 3.4 above, without prejudice of other remedies that the Purchaser may take. 4. Eligible 4.1 A Bidder, and all parties constituting the Bidder, may have the Bidders nationality of any country, subject to the restrictions specified in Section III, Eligible Countries. A Bidder shall be deemed to have the nationality of a country if the Bidcer is a citizen or is constituted, incorporated, or registered and operates in conformity with the provisions of the laws of that country. 4.2. If a prequalification process has been undertaken for the Contract(s) for which these Bidding Documents have been issued, only those Bidders may participate that had been prequalified and continue to meet the eligibility criteria of this Clause. A prequalified Joint Venture may aot change partners or its structure when submitting a bid. 4.3 A firm may be excluded from bidding i (a) it was engaged by the Purchaser to provide consulting services for the preparation of the design, specifications, or other documents to be used for the procurement of the Information System described in these Bidding Documents; ot (b) it is @ government-owned enterprise in the Borrower's country, unless it can establish that it (i) is legally and financially autonomous and (fi) operates under commercial law. No dependent agency of the Borrower or Sub- Borrower shall be permitted to bid. 4.4 A firm that has been determined to be ineligible by the Bank in relation to the Bank Guidelines On Preventing and Combating Fraud and Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants shall be not be eligible to be awarded a contract. 4.5. A firm or individual is or will be disqualified from participationSestion |. Instructions to Bidders 5. Eligible Goods and Services 46 47 S in this bidding if, at any time from advertisement of the bidding until and including contract award, the firm or individual is under: (a) a suspension by the Purchaser agreed by the Bank as a result of execution of a Bid-Securing Declaration pursuant ‘o ITB Clause 17.6 in another Bank-financed procurement, or under a suspension by the Purchaser for other reasons that have been agreed by the Bank; or (b) a declaration of ineligibility by the Bank in accordance with ITB Clause 3.1 (d). ‘The list of individuals and firms debarred from participating in World Bank projects is available at http:/vww,worldb: /debarr!, or (©) a sanction imposed by the United Nations Security Council, as mentioned in ITB Clause 2.2, A firm or other entity that is ineligible according to any of the above provisions of this Clause, may also not participate as a Joint Venture partner, or as Subcontractor for or supplier of goods, works or services. If a bid becomes materially incomplete after removing ineligible entities, the bid may be disqualified, Bidders shall provide such evidence of their continued eligibility satisfactory to the Purchaser, as the Purchaser shall reasonably request. For the purposes of these Bidding Documents, the Information System means all: (a) the required information technologies, including all information processing and _ communications-related hardware, software, supplies, and consumable items that the Supplier is required to supply and install under the Contract, plus all associated documentation, and all other materials and goods to be supplied, installed, integrated, and made operational (collectively called “the Goods” in some clauses of the ITB); and (b) the related software development, transportation, insurance, installation, customization, integration, commissioning, training, technical support, maintenance, repair, and other services necessary for proper operation of the Information System to be provided by the selected Bidder and as specified in the Contract. Funds from Bank loans are disbursed only for expenditures forSection I, Instructions to Bidders 12 an Information System made up of goods and services provided by nationals of, and produced in or supplied from, eligible source countries as defined in Section I, Eligible Countries ‘An Information System is deemed to be produced in a certain country when, in the territory of that country, through software development, manufacturing, or substantial and major assembly or integration of components, a commercially recognized product results that is substantially different in basic characteristics or in purpose or utility from its components, 5.3 For purposes of this clause, the nationality of the Bidder is distinct from the country in which the Information System and its goods components are produced or from which the related services are supplied, 6. Qualifications 6.1 By submission of documentary evidence in its bid, the Bidder of the Bidder ‘must establish to the Purchaser's satisfaction: (a) that it has the financial, technical, and production capability necessary to perform the Contract, meets the qualification criteria specified in the BDS, and has a successful performance history. If a. prequalification process has been undertaken for the Contract(s) for which these Bidding Documents have been issued, the Bidder shall, as part of its bid, update any information submitted with its application for prequalification: (For the purposes of establishing a Bidder’ qualifications, and unless stated to the contrary in the BDS, the experience and / or resources of any Subcontractor will not contribute to the Bidder’s qualifications: only those of a Joint Venture partner will be considered.) (b) that, in the case of a Bidder offering to supply key goods components of the Information System, as identified in the BDS, that the Bidder does not itself produce, the Bidder is duly authorized by the producer to supply those components in the Purchaser's country under the Contract(s) that may result from this bidding; (This will be accomplished by including Manufacturer's Authorizations in the bid, based on the sample found in Section VIL) (©) that, if'@ Bidder proposes Subcontractors for key services if and as identified in the BDS, these Subcontractors have agreed in writing to serve for the Bidder under the Contract(s) that may result from this bidding; and (@) _ that, in the case of a Bidder not doing business within theSection J. Instructions fo Bidders Purchaser's country, the Bidder is or will be (if awarded the Contract) represented by an Agent in that country who is equipped and able to cary out the Bidder's maintenance, technical support, training, and tepair obligations prescribed in the General and Special Conditions of Contract, and/or Technical Requirements. 62 Bids submitted by a Joint Venture of two or more firms as 63 partners shall also comply with the following requirements (a) _ the bid shall be signed so as to be legally partners; nding on all (b) one of the partners shall be nomineted as being in charge, and this nomination shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners; (©) the partner in charge shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partners of the Joint Venture, and the entire execution of the Contract, including payment, shall be done exclusively ‘with the partner in charge; (4) _ the partner or combination of partners that is responsible for a specific component of the Information System must meet the relevant minimum qualification criteria for that ‘component; () a firm may submit bids either as @ single Bidder on its ‘own, or as partner in one, and only one, Joint Venture. If, as a result of the bid opening pursuant to ITB Clause 24, this requirement is not met, all bids involving the firm as a single Bidder or Joint Venture partner will be disqualified; (f) all partners of the Joint Venture stall be liable jointly and severally for the execution of the Contract in accordance with the Contract terms, and a statement (o this effect shall be included in the authorization mentioned under ITB Clause 6.2 (b) above, in the bid as well as in the Contract {in case of a successful bid). If a Bidder intends to subcontract major items of supply or services, it shall include in the bid details of the name and nationality of the proposed Subcontractor for each of those items and shall be responsible for ensuring that any Subcontractor proposed complies with the requirements of ITB Clause 4, and that any Goods or Services components of the InformationSeotion | Instructions to Bidders 64 System to be provided by the Subcontractor comply with the requirements of ITB Clause 5 and the related evidence required by ITB Clause 13.1 (e) (iii) is submitted. Bidders are free to list more than one Subcontractor against each item. Quoted rates and prices will be deemed to apply, whichever Subcontractor is appointed, and no adjustment of the rates or prices will be permitted. The Purchaser reserves the right to delete any proposed Subcontractor from the list. This shall be done prior to Contract signature, by deleting such unacceptable Subcontractors from Appendix 3 to the Contract Agreement, which shall list the approved Subcontractors for each item prior to Contract signature. Subsequent additions and deletions from the list of approved Subcontractors shall be performed in accordance with GCC Clause 20 (as revised in the SCC, if applicable) and Appendix 3 to the Contract Agreement, For the purposes of these Bidding Documents, a Subcontractor ‘any vendor or service provider with whom the Bidder contracts for the supply or execution of any part of the Information ‘System to be provided by the Bidder under the Contract (such as the supply of major hardware, software, or other components of the required Information Technologies specified, or the performance of related Services, e.g., software development, transportation, installation, customization, integration, commissioning, training, technical support, maintenance, repair, ete.) A firm which is a Bidder, whether as a single Bidder or as a partner in a Joint Venture, cannot be a Subcontractor in other bids, except for the supply of commercially available hardware or software by the firm, as well as purely incidental services such as installation/configuration, routine training, and ongoing ‘maintenance/support. If the BDS for ITB Clause 6.1 (a) allows the qualification of Subcontractors nominated for certain components to be taken into account in assessing the Bidder's overall qualifications, any Subcontractor so nominated by any Bidder is automatically disqualified from being a Bidder itself or a partner in a Joint Venture. The same will normally apply to firms that have provided Subcontractor agreements for certain services pursuant to ITB Clause 6.1 (c). Non-compliance may result in the rejection of all bids in which the affected firm participates as Bidder or as partner in a Joint Venture. As long as in compliance with these provisions, or as long as unaffected by them due to not participating as Bidder or as pariner in a Joint, Venture, a firm may be proposed as a Subcontractor in any number of bids. If the BDS for ITB 28.1 permits the submission of bids for Subsystems, lots, or slices, then the provisions of this7. Cost of Bidding 8 Site 9% Content of Bidding Documents mW Section I Instructions to Bidders Clause 6.4 apply only to bids for the same Subsystem(s), lot(s), or slice(s); The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Purchaser will in no case be responsible or liable for those costs. ‘The Bidder may wish to visit and examine the site or sites of the Information System and obtain for itself, at its own responsibility and risk, all information that may be necessary for preparing the bid and entering into the Contract, The costs of visiting the site or sites shall be at the Bidder’s own expense. 82 The Purchaser will arrange for the Bidder and any of its 83 No site visit O14 personnel or agents to gain access to the relevant site or sites, provided that the Bidder gives the Purchaser adequate notice of a proposed visit of at least fourteen (14) days. Alternatively, the Purchaser may organize a site visit or visits concurrently with the pre-bid meeting, as specified in the BDS for ITB Clause 10.2. Failure of a Bidder to make a site visit will not be a cause for its disqualification shall be arranged or scheduled after the deadline for the submission of the Bids and prior to the award of Contract, B. THE BIDDING DOCUMENTS The contents of the Bidding Documents are listed below and should be read in conjunction with any addenda issued in accordance with ITB Clause 11: Section Instructions to Bidders (ITB) Section Il Bid Data Sheet (BDS) Section III Eligible Countries for the Provision of Goods, Works, and Services in Bank-Financed Procurement Section IV General Conditions of Contract (GCC) Section V__ Special Conditions of Contract (SCC) Section VI Technical Requirements (including Implementation Schedule) Section VI Sample Forms 9.2 Bidders are expected to examine all instructions, forms, terms,Section . Instructions to Bidders 16 specifications, and other information in the Bidding Documents. Failure to furnish all information required by the Bidding Documents or to submit a bid not substantially responsive to the Bidding Documents in every respect will be at the Bidder’s risk and may result in the rejection of its bid. 9.3 The Invitation for Bids is not formally part of the Bidding Documents and is included for reference only. In case of inconsistencies, the actual Bidding Documents shall prevail. 10. Clarification of 10.1. A prospective Bidder requiring any clarification of the Bidding Bidding Documents may notify the Purchaser in writing at the Documents Purchaser’s address and by one of the means indicated in the and Pre-bid BDS. Similarly, if'a Bidder feels that any important provision in Meeting ‘the documents will be unacceptable, such an issue should be raised as soon as possible. The Purchaser will respond in writing to any request for clarification or modification of the Bidding Documents that it receives no later than twenty-one (21) days prior to the deadline for submission of bids prescribed by the Purchaser. Copies of the Purchaser's response (including an explanation of the query but not identifying its source) will be sent to all prospective Bidders that received the Bidding Documents from the Purchaser 10.2 When specified in the BDS, the Purchaser will organize and Bidders are welcome to attend a pre-bid meeting at the time and place indicated in the BDS. The purpose of the meeting will be to clarify issues and answer questions on any matter that may be raised at this stage, with particular attention to issues related to the Technical Requirements, Bidders are requested to submit any questions in writing to reach the Purchaser not later than one week before the meeting. Questions and answers will be ‘transmitted in accordance with ITB Clause 10.1. Minutes of the meeting, including the questions raised and responses given, together with any responses prepared after the meeting, will be transmitted without delay to all those that received the Bidding Documents from the Purchaser. Any modification to the Bidding Documents listed in ITB Clause 9.1, which may become necessary as a result of the pre-bid meeting, shall be made by the Purchaser exclusively by issuing an Addendum pursuant to ITB Clause 11 and not through the minutes of the pre-bid meetingWW Section I Instructions to Bidders 11, Amendment of 11.1 At any time prior to the deadline for submission of bids, the Bidding Purchaser may, for any reason, whether at its own initiative or in Documents response to a clarification requested by a prospective Bidder, amend the Bidding Documents. Later amendments on the same subject modify or replace earlier ones. 11.2 Amendments will be provided in the form of Addenda to the Bidding Documents, which will be sent in writing to all prospective Bidders that received the Bidding Documents from the Purchaser. Addenda will be binding on Bidders. Bidders are required to immediately acknowledge receipt of any such Addenda. It will be assumed that the amendments contained in such Addenda will have been taken into account by the Bidder ints bid 11.3. In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their bids, the Purchaser may, at its discretion, extend the deadline for the submission of bids, in which case, the Purchaser will notify all Bidders in writing of the extended deadline. C. PREPARATION OF BIDS OO 12. Language of ‘12.1 The bid prepared by the Bidder and all correspondence and Bid documents related to the bid exchanged by the Bidder and the Purchaser shall be written in the language specified in the BDS, or, if the BDS so provides, in either one of two languages specified there. Any printed literature furnished by the Bidder as part of its bid may be in a language not specified in the BDS, as long as such literature is accompanied by a translation of its pertinent passages into the language of the bid, in which case, for purposes of interpretation of the bid, the translation shall govern 13. Documents 13.1 The bid submitted by the Bidder shall comprise: Comprising the Bid (a) Bid Submission Form completed and signed by a person or persons duly authorized to bind the Bidder to the Contract; (b) all Price Schedules duly completed in accordance with ITB Clauses 14, 15, and 18 and signed by a person or persons duly authorized to bind the Bidder to the Contract; (©) if required, Bid-securing Declaration or Bid Security furnished in accordance with ITB Clause 17; (@)__ written confirmation authorizing the signatory of the bid toSection I Instructions to Bidders (e) ‘commit the Bidder, in accordance with ITB Clause 19.2; Attachments; (i) Attachment 1: Bidder’s Eligibility In the absence of prequalification, documents establishing to the Purchaser's satisfaction the Bidder’s eligibility to bid, including but not limited to documentary evidence that the Bidder is legally incorporated in a territory of an eligible source country as defined under ITB Clause 4; (ii) Attachment 2: Bidder’s Qualifications Documentary evidence establishing tothe Purchaser's satisfaction, and in accordance with ITB Clause 6, that the Bidder is qualified to perform the Contract if its bid is accepted. In the case where prequalification of Bidders has been undertaken, and pursuant to ITB Clause 6.1 (a), the Bidder must provide evidence on any changes in the information submitted as the basis for prequalification of, if there has been no change at all in said information, a statement to this effect; ‘Any Manufacturer’s Authorizations and Subcontractor agreements specified as required in the BDS for ITB Clauses 6.1 (b) and 6.1 (¢}; (iii) Attachment 3: Eligibility of Goods and Services Documents establishing, to the Purchaser's satisfaction, that the Goods and Services components of the Information System to be supplied, installed, and/or performed by the Bidder are eligible Goods and Services as defined under ITB Clause 5. If awarded the Contract, the Bidder shall submit for such components of the Information System evidence of cligibility, which shall be confirmed by a certificate of origin issued at the time of shipment; (iv) Attachment 4: Conformity of the Information System to the Bidding Documents Documentary evidence establishing tothe Purchaser's satisfaction, and in accordance with ITB Clause 16, that the Goods and Services components of the Information System to be supplied, installed, andior performed by the Bidder conform to theSection I Instructions to Bidders Bidding Documents; (v) Attachment 5: Proposed Subcontractors A list of all major items of Goods or Services that the Bidder proposes to purchase or subcontract from others, and the name and nationality of the proposed Subcontractor, including vendors, for each of those items; (vi) Attachment 6: Intellectual Property A list of (1) all Software included in the Bidder’s bid, assigning each item to one of the software categories defined in GCC Clause 1.1 (¢) (A) System, General Purpose, and Application Software; and (B) Standard and Custom Software. (2) all Custom Materials, as defined in GCC Clause 1.1 (c), included in the Bidder's bid. All Materials not identified as Custom Materials shall be deemed Standard Materials, as defined in GCC Clause 1.1 (c). Re-assignments among the Software and Materials categories, if necessary, will be made during the implementation of the Contract according to GCC Clause 39 (Changes to the System), 14.1 All Goods and Services identified in the Supply and Installation Cost Sub-Table and the Recurrent Cost Sub-Table in Section VII (Forms 2.5 and 2.6), and all other Goods and Services proposed by the Bidder to fulfill the requirements of the Information System, must be priced separately in the format of the same tables and summarized in the corresponding Cost Summary Tables in the same Section, Prices must be quoted in accordance with the instructions provided in Section VII for the various cost tables, in the manner specified below.Section I Instructions to Bidders 142 143 144 20 The price of items that the Bidder has left blank in the cost tables provided in Section VII shall be assamed to be included in the price of other items, Items omitted altogether from the cost tables shall be assumed to be omitted from the bid and, provided that the bid is substantially responsive, an adjustment to the bid price will be made during evaluation in accordance with ITB Clause 28.6 (c) (ii) Unit prices must be quoted at a level of detail appropriate for calculation of any partial deliveries or partial payments under the contract, in accordance with the Implementation Schedule in Section VI, and with GCC and SCC Clause 12 — Terms of Payment. Bidders may be required to provide a breakdown of any composite or lump-sum items included in the Cost Tables, ‘The prices for Goods components of the System are to be expressed and shall be defined and governed in accordance with the rules prescribed in the edition of Incoterms specified in the BDS, and quoted in the appropriate columns of the cost tables of Section VII as follows: (a) Goods supplied from outside the Purchaser's country Unless otherwise specified in the BDS, the prices shall be quoted on a CIP (named place of destination) basis, exclusive of all taxes, stamps, duties, levies, and fees imposed in the Purchaser’s country. The named place of destination and special instructions for the contract of carriage are as specified in the BDS. In quoting the price, the Bidder shall be free to use transportation through carriers registered in any eligible countries. Similarly, the Bidder may obtain insurance services from any eligible source country. (b) Locally supplied Goods: Unit prices of Goods offered from within the Purchaser's Country, shall be quoted on an EXW (ex factory, ex works, ex warehouse or off-the-shelf, as applicable) basis, including all customs duties, levies, fees, sales and other taxes incurred until delivery of the Goods, but excluding all VAT or sales and other taxes and duties/fees incurred for the Goods at the time of invoicing or sales transaction, if the Contract is awarded. ()__ Inland transportation: Unless otherwise stated in the BDS, inland transportation, insurance and related local costs incidental to the delivery14.5 146 147 Seaton |. Instructions to Bidders of the Goods to the designated Project Sites must be quoted separately as a Service item in accordance with ITB Clause 14,5, whether the Goods are to be supplied locally or from outside the Purchaser's country, except when these costs are already included in the price of the Goods, as is, e.g., the case, when ITB Clause 14.4 (a) specifies CIP, and the named places of destination are the Project Sites. ‘The price of Services shall be quoted in total for each service (where appropriate, broken down into unit prices), separated into their local and foreign currency components. Prices must include all taxes, duties, levies and fees whatsoever, except only VAT or other indirect taxes, or stamp duties, that may be assessed and/or apply in the Purchaser's country onvto the price of the Services invoiced to the Purchaser, if the Contract is awarded. Unless otherwise specified in the BDS, the prices must include all costs incidental to the performance of the Services, as incurred by the Supplier, such as travel, subsistence, office support, communications, translation, printing of materials, ete. Costs incidental to the delivery of the Services bbut incurred by the Purchaser or its staff, or by third parties, ‘must be included in the price only to the extent such obligations are made explicit in these Bidding Documents (as, e.g., a requirement for the Bidder to include the travel and subsistence costs of trainees) Prices for Recurrent Costs beyond the scope of warranty services to be incurred during the Warranty Period, defined in SCC Clause 29.4 and prices for Recurrent Costs to be incurred uring the Post-Warranty Period, defined in SCC Clause 1.1. (e) (xii), shall be quoted as Service prices in accordance with ITB Clause 14.5 on the Recurrent Cost Sub-Table in detail, and on the Recurrent Cost Summary Table in currency totals. Recurrent costs are all-inclusive of the costs of necessary Goods such as spate parts, software license renewals, labor, etc.. needed for the continued and proper operation of the System and, if appropriate, of the Bidder’s own allowance for price increases. Unless otherwise specified in the BDS, prices quoted by the Bidder shall be fixed during the Bidder’s performance of the Contract and not subject to increases on any account. Bids submitted that are subject to price adjustment will be rejected.Section |. Instructions to Bidders 2 15. Bid Currencies 15.1 Prices shall be quoted in the following currencies: (a) The Bidder may quote its prices for all Information Technologies, associated Goods, and Services to be supplied from outside the Purchaser's Country in the currencies of countries eligible according to Section III. If the Bidder wishes to be paid in a combination of different currencies, it must quote unit prices accordingly, but no ‘more than three foreign currencies may be used. (b) Unless otherwise specified in the BDS, the Bidder shall express its prices for such Information Technologies, associated Goods, and Services to be supplied locally (i.c., from within the Purchaser's Country) in the curreney of the Purchaser's Country 16.Documents 16,1. Pursuant to ITB Clause 13.1 (e) (iv), the Bidder shall furnish, as Establishing part of its bid, documents establishing the conformity to the the Conformity Bidding Documents of the Information System that the Bidder of the proposes to supply and install under the Contract. Information System to the 16.2 The documentary evidence of conformity of the Information Bidding ‘System to the Bidding Documents shall be in the form of written Documents descriptions, literature, diagrams, certifications, and client references, including: (a) _ the Bidder’s technical bid, i., a detailed description of the Bidder’s proposed technical solution conforming in all material aspects with the Technical Requirements (Section V1) and other parts of these Bidding Documents, overall as well as in regard to the essential technical and performance characteristics of each component making up the proposed Information System; (b) an item-by-item commentary on the Purchaser’s Technical Requirements, demonstrating the _ substantial responsiveness of the Information System offered to those requirements. In demonstrating responsiveness, the commentary shall include explicit cross references to the relevant pages in the supporting materials included in the bid. Whenever a discrepancy arises between the item-by- item commentary and any catalogs, technical specifications, or other preprinted materials submitted with the bid, the item-by-item commentary shall prevail; (©) a Preliminary Project Plan describing, among other things, the methods by which the Bidder will carry out its overall management and coordination responsibilities if awarded2B 17, Securing the Bid 163 171 172 Section 1_ Instructions to Bidders the Contract, and the human and other resources the Bidder proposes to use. The Plan should include a detailed Contract Implementation Schedule in bar chart form, showing the estimated duration, sequence, and interrelationship of all key activities needed to complete the Contract, The Preliminary Project Plan must also address any other topics specified in the BDS. In addition, the Preliminary Project Plan should state the Bidder’s assessment of what it expects the Purchaser and any other party involved in the implementation of the Information System to provide during implementation and how the ider proposes to coordinate the activities of all involved parties; (@) a written confirmation that the Bidder accepts responsibility for the successful integration and inter- operability of all components of the Information System as required by the Bidding Documents, For purposes of the commentary to be furnished pursuant to ITB Clause 16.2 (b), the Bidder shall note that references to brand names or model numbers or national or proprictary standards designated by the Purchaser in its Technical Requirements are intended to be descriptive and not restrictive, Except where explicitly prohibited in the BDS for specific items or standards, the Bidder may substitute alternative brand/model names ot standards in its bid, provided that it demonstrates to the Purchaser's satisfaction that the use of the substitute(s) will result in the Information System being able to perform substantially equivalent to or better than that specified in the Technical Requirements. ‘The BDS for this Clause specifies whether bids must be secured, and if so, whether by a Bid-Securing Declaration or by a Bid Sccurity. Ifa Bid Security is required or optional, the BDS also specifies the amount. Securing the bids shall be substantially in accordance with the related sample forms included in Section VII or other forms approved by the Purchaser prior to bid submission. Bids must remain secured for a period of 28 days beyond the validity period of the bids, as extended, if applicable, in accordance with TTB Clause 18.2. In case of a Bid Security, it shall also: (a) at the Bidder’s option, be in the form of either a certified check, letter of credit, or a bank guarantee from a banking institution, or a bond issued by a surety;Section J, Instructions to Bidders 173 4 175 4 (b) be issued by a reputable institution selected by the Bidder and located in any eligible country: if the institution suing the security is located outside the Purchaser's Country, it shall have a correspondent financial institution located in the Purchaser's Country to make the security enforceable; (©) be payable promptly upon written demand by the Purchaser in case any of the conéitions listed in ITB Clause 17.6 is/are invoked; (@)_ be submitted in its original form; copies will not be accepted. ‘The Bid-Securing Declaration or the Bid Security of a Joint Venture shall be issued in the name of the Joint Venture submitting the bid provided the Joint Venture has legally been constituted, or else it shall be issued in the name of all partners proposed for the Joint Venture in the bid. Sanctions due to a breach of the terms of a Bid-Securing Declaration pursuant to ITB Clause 17.6 will apply to all partners to the Joint Venture. If a Bid-Securing Declaration or Bid Security is required in accordance with ITB Clause 17.1, any bid not accompanied by substantially acceptable Bid-Securing Declaration or Bid Security in accordance with ITB Clauses 17.2 and 17.3, shall be rejected by the Purchaser as non-responsive. Unless executed or forfeited pursuant to ITB Clause 17.6, Bid- Securing Declarations, if any, will expire for, or Bid Securities, if any, will be returned as promptly as possible to, (a) all Bidders upon annulment of the bidding pursuant to ITB Clause 34; (b) Bidders refusing a request to extend the period of ‘validity of their bids pursuant to ITB Clause 18.2; (c) the successful Bidder once it has signed the Contract ‘Agreement and fumished a valid Performance Security as required; (@) the unsuccessful Bidders at the same time as in (c), that is, when they are informed about the successful establishment of the contract with the successfull Bidder.Seaton I Instructions to Bidders Validity of Bids 176 (i) 177 18.1 18.2 ‘The Bid-Securing Declaration, if any, may be executed, or the Bid Security, if any, may be forfeited: (a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Submission Form or any extension of validity the Bidder has agreed to pursuant to ITB Clause 18.2; or (b) in the case of the successful Bidder, if the Bidder fails to: (i) sign the Contract Agreement in accordance with ITB Clause 36; or furnish the Performance Security in accordance with ITB Clause 37. Ifa bid security is not required in the BDS, and (a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Letter of Bid Form, except as provided in ITB 18.2, or (b) if the successful Bidder fails to: sign the Contract in accordance with ITB 36; or furnish a performance security im accordance with ITB 37; the Borrower may, if provided for in the BDS, declare the Bidder disqualified to be awarded a contract by the Employer for a period of time as stated in the BDS. Bids shall remain valid, at a minimum, for the period specified in the BDS after the deadline date for bid submission prescribed by the Purchaser, pursuant to ITB Clause 21. A bid valid for a shorter period shall be rejected by the Purchaser as non- responsive, For the convenience of Bidders, the BDS spells out the minimal original expiration dates for the validity of the bid and, if applicable pursuant to ITB Clause 17.1, for securing the bid. However, Bidders are responsible for adjusting the dates in the BDS in accordance with any extensions to the deadline date of bid submission pursuant to ITB Clause 21.2. In exceptional circumstances, prior to expiry of the bid validity period, the Purchaser may request that the Bidders extend the period of validity for a specified additional period. The request and the responses to the request shall be made in writing. A Bidder may refuse the request without risking execution of the Bid-Securing Declaration or forfeiting the Bid Security, but in this case the bid will be out of the competition for the award, Except as provided in ITB Clause 18.3, a Bidder agreeing to theSestion I. Instructions to Bidders 26 request will not be required or permitted to modify its bid, but will be required to ensure that the bid remains secured for a correspondingly longer period, pursuant to ITB Clause 17.2. 18.3 In the case of fixed price contracts, if the award is delayed by a period exceeding fifty-six (56) days beyond the expiry of the initial bid validity, the contract price will be adjusted as specified in the request for extension, Bid evaluation will be based on the bid prices without taking into consideration the above correction. 19. Format and 19.1 The Bidder shall prepare an original and the number of copies/sets of the bid specified in the BDS, clearly marking each one as “ORIGINAL BID,” “COPY NO. 1,” “COPY NO. 2.” etc. as appropriate, In the event of any discrepancy between them, the original shall govern, 19.2 The original and all copies of the bid, each consisting of the documents listed in ITB Clause 13.1, shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder. The authorization must be in writing and included in the bid pursuant to ITB | Clause 13.1 (d). The name and position held by cach person signing the authorization must be typed or printed below the signature, All pages of the bid, except for unamended printed literature, shall be initialed by the person or persons signing the bid. 19.3. The bid shall contain no interlineations, erasures, or overwriting, except to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the bid. 19.4 The Bidder shall furnish in the Bid Submission Form (a sample of which is provided in the Sample Forms Section of the Bidding Documents) information regarding commissions or gratuities, if any, paid or to be paid to agents relating to this procurement and to the execution of the Contract should the Bidder be successful. | D. SUBMISSION OF BIDS 20.Sealing and 20.1 The Bidder shall seal the original and each copy of the bid in Marking of, separate envelopes, duly marking the envelopes as “ORIGINAL Bids BID” and “COPY NO. [number].” The envelopes shall then be sealed in an outer envelope.27 21, Deadline for Submission of Bids 22. Late Bids 23. Withdrawal Substitution, and Modification of Bids 20.2 20.3 20.4 2d 21.2 24 23.1 Section | Instructions to Bidders ‘The inner and outer envelopes shall (a) be addressed to the Purchaser at the address given in the BDS, and (b) bear the loan/Project name indicated in the BDS for ITB Clause 2.1, the Invitation for Bids title and number, and the Contract name(s), as indicated in the BDS for ITB Clause 1.2, and the statement “DO NOT OPEN BEFORE [time and date},” to be completed with the time and date specified in the BDS for ITB Clause 24.1 The inner envelopes shall also indicate the name and address of the Bidder so that the bid can be returned unopened in case it is, declared “late.” If the outer envelope is not sealed and marked as required by ITB Clause 20.2 above, the Purchaser will assume no responsibility for the bid’s misplacement or premature opening. If the outer envelope discloses the Bidder’s identity, the Purchaser will not guarantee the anonymity of the bid submission, but this disclosure will not constitute grounds for bid rejection, Bids must be received by the Purchaser at the address specified in the BDS for ITB Clause 20.2 no later than the time and date stated in the BDS. ‘The Purchaser may, at its discretion, extend this deadline for submission of bids by amending the Bidding Documents in aceordance with ITB Clause 11.3, in which case all rights and obligations of the Purchaser and Bidders will thereafter be subject to the deadline as extended Any bid received by the Purchaser after the bid submission deadline prescribed by the Purchaser in the BDS for ITB Clause 21, will be rejected and retuned unopened to the Bidder. The Bidder may withdraw, substitute, or modify its bid after submission, provided that written notice of the withdrawal, substitution, or modification is received by the Purchaser prior to the deadline prescribed for bid submission, All notices must be duly signed by an authorized representative and shall include a copy of the authorization (the power of attomey) in accordance with ITB Sub-Clause 19.2. 23.2 All notices of withdrawal, substitution, or modification shall (@) be addressed to the Purchaser at the address named in theSection I. Instructions to Bidders 28 BDS for ITB Clause 20.2 (a), and (b) dear the Contract name, the IFB Title and IFB Number, and the words “Bip WITHDRAWAL NOTICE”, BID SUBSTITUTION NOTICE”, or “BID MODIFICATION NOTICE”. 23.3 A notice may also be sent by electronic means such as fax or e- 2B 23.5 23.6 ‘mail, but in this case must include a scan of the mailing receipt showing both the sender's and receiver's addresses for the signed hardcopy of the notice, and a scan of the power of attorney. Bids requested to be withdrawn in accordance with ITB 23.1 shall be returned unopened to the Bidders. Bid withdrawal notices received after the bid submissicn deadline will be ignored, and the submitted bid will be deemed to be a validly submitted bid. ‘The substitution or modification of the bid shall be prepared, sealed, marked, and dispatched as follows: (a) The Bidders shall provide an original and the number of copies specified in the BDS for ITB Clause 19.1 of any substitution or modification to its bid, clearly identified as such, in two inner envelopes duly marked “BID SUBSTITUTION -- ORIGINAL” or “BID MODIFICATION ~~ ORIGINAL” and “Bip SuastiTUTION — CoPles” or “BID MODIFICATION -- CoPiES.” The inner envelopes shall be sealed in an outer envelope, which shall be duly marked Bip SUBSTITUTION” or “BID MODIFICATION” (b) Other provisions conceming the marking and dispatch of a bid substitution or modification shall be in accordance with TTB Clauses 20.2, 20.3, and 20.4 No bid may be withdrawn, substituted, or modified in the interval between the bid submission deadline and the expiration of the bid validity period specified by the Bidder in the Bid Submission Form, or any extension thereof agreed to by the Bidder. Withdrawal of a bid during this interval may result in the execution of the Bid-Securing Declaration, if any, or forfeiture of the Bid Security, if any, pursuant to ITB Clause 116. E. BID OPENING AND EVALUATION 24. Opening of 24.1 Bids by a ney ‘The Purchaser will open all bids, including withdrawals, substitutions, and modifications, in public, in the presence of2» Purchaser 242 243 24.4 24.5 25, Clarification of 25.1 Bids Section 1 Instructions to Bidders Bidders’ representatives who choose to attend, at the time, on the date and at the place specified in the BDS. Bidders’ representatives shall sign a register as proof of their attendance. First, envelopes marked “BID WITHDRAWAL NoricE” shall be opened and read out and the envelope with the corresponding bid shall not be opened, but retuned :o the Bidder. No bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at bid opening. Next, envelopes marked “BID SUBSTITUTION NoTICe” shall be opened and read out and exchanged with the corresponding bid being substituted, and the substituted bid shall not be opened, but returned to the Bidder. No bid substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution and is read out at bid opening. Envelopes marked “BID MODIFICATION NOTICE” shall be opened and read out with the corresponding bid. No bid modification shall be permitted unless the corresponcing modification notice contains a valid authorization to request the modification and is read out at bid opening. Only bids that are opened and read out at bid opening shall be considered further Bids shall be opened one at a time, reading out: the name of the Bidder and whether there is a modification; the total bid price including any unconditional discounts, and, if applicable, the prices and unconditional discounts for Subsystems, lots, oF slices; the presence or absence of a Bid-Securing Declaration or a Bid Security if one was required; any conditional discounts offered for the award of more than one Subsystem, lot, or slice, if the BDS for ITB Clause 28.1 permits such discounts to be considered in the bid evaluation; and any other such details as the Purchaser may consider appropriate. Bids and modifications that are not opened and read out at bid opening shall not be considered for further evaluation, irrespective of the circumstances. These bids, including any bids validly withdrawn in accordance with ITB Clause 24.2, will promptly be returned, unopened, to their Bidders. The Purchaser will prepare minutes of the bid opening, including the information disclosed to those present in accordance with ITB Clause 24.3. The minutes will promptly be distributed to all Bidders that met the deadline for submitting bids. During the bid evaluation, the Purchaser may, at its discretion, ask the Bidder for a clarification of its bid. The request forSection J, Instructions to Bidders 30 clarification and the response shall be in writing, and no change in the price or substance of the bid shall be sought, offered, or permitted 26. Preliminary 26.1 The Purchaser will examine the bids to determine whether they Examination are complete, whether any computational errors have been of Bids made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the bids are generally in order. In the case where a prequalification process has been undertaken for the Contract(s) for which these Bidding Documents have been issued, the Purchaser will ensure that each bid is from a prequalified Bidder, and in the case of a Joint Venture, that pariners and structure of the Joint Venture are unchanged from those in the prequalification. 26.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price, which is obtained by multiplying the unit price and quantity, or between added or subtracted subtotals and totals, the unit or subtotal price shall prevail and the total price shall be corrected, unless in the opinion of the Purchaser there is an obvious misplacement of the decimal point in the unit or subtotal prices, in which case the line item total as quoted shall govern and the unit price or sub-total shall be corrected. If there is a discrepancy between words and figures, the amount in words will prevail, unless the diserepancy is the result of a typo/error for which the correction is self-evident to the Purchaser. If the Bidder with the Lowest Evaluated Bid does not accept the correction of errors, the bid shall be rejected. 26.3 The Purchaser may waive any minor informality, nonconformity, or irregularity in a bid that does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder. 264 Prior to the detailed evaluation, the Purchaser will determine whether each bid is of acceptable quality, is complete, and is substantially responsive to the Bidding Documents. For purposes of this determination, a substantially responsive bid is one that conforms to all the terms, conditions, and specifications of the Bidding Documents without material deviations, exceptions, objections, conditionalities, or reservations, A material deviation, exception, objection, conditionality, or reservation is one: (i) that limits in any substantial way the scope, quality, or performance of the Information System; or (Gi) that limits, in any substantial way that is inconsistent with the Bidding Documents, the Purchaser’s rights or the successfulu Seaton I Instructions to Bidders 27. Conversion to Single Curreney 28, Evaluation and Comparison of Bids 26.5 24 28.1 28.2 Bidder’s obligations under the Contract; or (iii) the acceptance of which would unfairly affect the competitive position of other Bidders who have submitted substantially responsive bids Ifa 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. The Purchaser's determination of bid responsiveness will be based on the contents of the bid itself. For evaluation and comparison purposes, the Purchaser shall convert all bid prices expressed in various currencies and amounts into a single currency specified in the BDS, using the selling exchange rate established by the source and on the date also specified in the BDS. ‘The Purchaser will evaluate and compare the bids that have been determined to be substantially responsive, pursuant to ITB Clause 26, The evaluation will be performed assuming either that (@) the Contract will be awarded to the lowest evaluated Bidder for the entire Information System; or (b) if specified in the BDS, Contracts will be awarded to the Bidders for each individual Subsystem, lot, or slice defined in the Technical Requirements wiose bids result in the lowest combined evaluated price for the entire System, In the latter case, discounts that are conditional on the award of more than one Subsystem, lot, or slice may be offered in bids, However, such discounts will only be considered in the price evaluation if so confirmed in the BDS. To be considered for Contract award, Bidders must have submitted bids (a) for which detailed bid evaluation using the same standards for compliance determination as listed in ITB Clauses 26.3, and 26.4 confirms that the bids are commercially and technically responsive, and include the hardware, Software, related equipment, products, Materials, and other Goods and Services components of the Information System in, substantially, the full required quantities for the entire Information System or, if allowed in the BDS for ITB Clause 28.1, the individual Subsystem, lot or slice bid on; and (b) that offer Information Technologies that are proven toSeetion I. Instructions to Bidders 28.3 28.4 28.5 perform up to the standards promised in the bid by having successfully passed the performance, benchmark, and/or functionality tests the Purchaser may require, pursuant to ITB Clause 31.2 ‘The Purchaser's evaluation of a bid will be made on the basis of prices quoted in accordance with ITB Clause 14 (Bid Prices). If indicated by the BDS, the Purchaser's evaluation of responsive bids will take into account technical factors, in addition to cost factors. An Evaluated Bid Score (B) will be calculated for each responsive bid using the following formula, which permits a comprehensive assessment of the bid price and the technical merits of each bid: Bux $x) ct * Te where € Evaluated Bid Price Cim = the lowest of all Evaluated Bid Prices among responsive bids T = the total Technical Score awarded to the bid Trge = the Technical Score achieved by the bid that was scored highest among all responsive bids X = weight for the Price as specified in the BDS The bid with the highest Evaluated Bid Score (B) among responsive bids shall be termed the Lowest Evaluated Bid and is cligible for Contract award, provided the Bidder was prequalified and/or it was found to be qualified to perform the Contract in accordance with ITB Clause 31 (Post qualification), If, in addition to the cost factors, the Purchaser has chosen to give weight to important technical factors (i.e, the price weight, X, is less than 1 in the evaluation), that cannot be reduced to life-cycle costs or pass/fail criteria, the Total Technical Points assigned to each bid in the Evaluated Bid Formula will be determined by adding and weighting the scores assigned by an evaluation committee to technical features of the bid in accordance with the criteria set forth below. (a) The technical features to be evaluated are generally defined below and specifically identified in the BDS:3 Section I Instructions to Bidders (i) Performance, capacity, or functionality features that cither exceed levels specified as mandatory in the Technical Requirements; and/or influence the life- cycle cost and effectiveness of the Information System. Usability features, such as ease of use, ease of administration, or ease of expansion, which influence the life-cycle cost and effectiveness of the Information System, (iii) The quality of the Bidder’s Preliminary Project Plan as evidenced by the thoroughness, reasonableness, and responsiveness of: (a) the task and resource schedules, both general and specific, and (b) the proposed arrangements for management and coordination, training, quality assurance, technical support, logistics, problem resolution, and transfer of, knowledge, and other such activities as specified by the Purchaser in Section VI (Technical Requirements) or proposed by the Bidder based on the Bidder’s experience (b) Feature scores will be grouped into a small number of evaluation categories, generally defined below and specifically identified in the BDS, namely: () The technical features that reflect how well the Information System meets the Purchaser's Business Requirements (including quality assurance and risk- containment measures associated with the implementation of the Information System). (ii) The technical features that reflect how well the Information System meets the System's Functional Performance Standards, (iii) The technical features that reflect how well the Information System meets the General Technical Requirements for hardware, network and. communications, Software, ard Services, (©) As specified in the BDS, each category will be given a weight and within each category each feature may also be given a weight. (@) During the evaluation process, the evaluation committee will assign each desirable/preferred feature a wholeSection Instructions to Bidders ) oO number score from 0 to 4, where 0 means that the feature is absent, and 1 to 4 either represent predefined values for desirable features amenable to an objective way of rating (as is the case for, e.g., extra memory, o extra mass storage capacity, etc., if these extras would be conducive for the utility of the system), or if the feature represents a desirable functionality (e.g., of a software package) or a quality improving the prospects. for a successful implementation (such as the strengths of the proposed project staff, the methodology, the elaboration of the project plan, etc., in the bid), the scoring will be 1 for the feature being present but showing deficiencies; 2 for meeting the requirements; 3 for marginally exceeding the requirements; and 4 for significantly exceeding the requirements. ‘The score for each feature (i) within a category (j) will be combined with the scores of features in the same category as a weighted sum to form the Category Technical Score using the following formula: 523000, where ty = the technical score for feature “i” in category “j” wy = the weight of feature “i” in category “j” k= the number of scored features in category ” and Dw, The Category Technical Scores will be combined in a weighted sum to form the total Technical Bid Score using the following formula: r=ds,+W, where: 5} = the Category Technical Score of category “i” W; = the weight of category “j” as specified in the BDS. n= the number of categories35 Section I Instructions to Bidders 28.6 The Evaluated Bid Price (C) for each responsive bid will be determined as the sum of the Adjusted Supply and Installation Costs (P) plus the Recurrent Costs (R); where the Adjusted Supply and Installation Costs (P) are determined as: (a) The price of the hardware, Software, related equipment, products, Materials and other Goods offered from within or from outside the Purchaser's Country, in accordance with ITB 14.4; plus (b) The total price for allsoftware development, transportation, insurance, installation, customization, integration, Commissioning, testing, training, technical support, repair, and other Services, in accordance with ITB 145; (©) with adjustments for: (i) Deviations proposed to the Implementation Schedule in the Technical Requirements resulting in delayed completion of the entire Information System, if permitted in the BDS and provided they do not exceed the maximum permissible delay period specified in the BDS. For evaluation purposes, a pro rata increase of the total Supply and Installation Costs will be added using the percentage(s) specified in the BDS for each week of delay. Bids offering deliveries beyond the maximum permissible delay specified may be rejected. (ii) Deviations taken to the Contract payment schedule specified in the SCC. If deviations are permitted in the BDS, for evaluation purposes the total Supply and Installation Costs will be increased pro rata by the amount of interest that could otherwise be earned on the amount of any payments that would fall due under the proposed schedule earlier than the schedule stipulated in the SCC, at the interest rate specified in the BDS. Goods and Services that are required for the Information System but have been left out or are necessary to correct minor deviations of the bid willSection I. instructions 1 Bidders 36 (iv) (w) be added to the total Supply and Installation Costs using costs taken from the highest prices from other responsive bids for the same Goods and Services, or in the absence of such information, the cost will be estimated at prevailing list prices. If the missing Goods and Services are a scored technical feature, the relevant score will be set at zero. Corrections to errors in arithmetic, in accordance with ITB Clause 26.2 Any discounts offered for the award of more than, one Subsystem, lot, or slice, if the BDS for ITB Clause 28.1 permits the consideration of discounts in, the price evaluation. (a) The Recurrent Costs (R) are reduced to net present value and determined using the following formula: NeM R R, xe (ery where N= number of years of the Warranty Period, defined in SCC Clause 29.4 M = number of years of the Post-Warranty Services Period, as defined in SCC Clause 1.1,(c) (xii) x = an index number 1, 2, 3, ... N+ M representing, each year of the combined Werranty Service and Post-Watranty Service Periods, total Recurrent Costs for year “x,” as recorded in the Recurrent Cost Sub-Table. 1 = discount rate to be used for the Net Present Value calculation, as specified in the BDS. 29. Domestic 29.1 No margin of domestic preference will apply Preference 30. Contacting the 30.1 From the time of bid opening to the time of Contract award, if Purchaser any Bidder wishes to contact the Purchaser on any matter related to the bid, it should do so in writing. 30.2 If a Bidder tries to directly influence the Purchaser or otherwise interfere in the bid evaluation process and the Contract award decision, its bid may be rejected.37 Section |. Instructions to Bidders F. POST QUALIFICATION AND AWARD OF CONTRACT 31. Pos qualification 32. Award Criteria 33. Purehaser’s Right to Vary Quantities at ‘Time of Award 31 312 313 32.1 33.1 The Purchaser will determine at its own cost and to its satisfaction whether the Bidder (including Joint Venture Partners, and any Subcontractors for which the BDS for ITB Clause 6.1 (a) permits that their qualifications count towards the required Bidder qualifications) that is selected as having submitted the Lowest Evaluated Bid is qualified to perform the Contract satisfactorily, in accordance with ITB Clause 6. If a prequalification process was undertaken for the Contract(s) for which these Bidding Documents were issued, the Purchaser will determine in the manner described above that no material changes have occurred after the prequalification that negatively affect the ability of the Bidder that has submitted the Lowest Evaluated Bid to perform the Contract. Pursuant to ITB Clauses 6 and 16, and as additionally may be specified in the BDS, the determination will evaluate the Bidder's financial, technical, design, integration, customization, production, management, and support capabilities and will be based on an examination of the documentary evidence of the Bidder's qualifications, as well as other information the Purchaser deems necessary and appropriate. This determination may include visits or interviews with the Bidder’s clients referenced in its bid, site inspections, and any other measures. If so specified in the BDS, at the time of postqualification the Purchaser may also carry out tests io determine that the performance or functionality of the Information System offered meets those stated in the Technical Requirements. An affirmative post qualification determination will be a prerequisite for award of the Contract to the Lowest Evaluated Bidder. A negative determination will result in rejection of the Bidder's bid, in which event the Purchaser will proceed to the next lowest evaluated Bidder to make a similar determination of that Bidder’s capabilities to perform satisfactorily. Subject to ITB Clause 34, the Purchaser will award the Contract to the Bidder whose bid has been determined to be substantially responsive and the Lowest Evaluated Bid, provided further that the Bidder has been determined to be qualified to perform the Contract satisfactorily, pursuant to ITB Cause 31 ‘The Purchaser reserves the right at the time of Contract award to increase or decrease, by the percentage(s) indicated in the BDS, any of the following:Section I. Instructions to Bidders 34, Purchaser's Right t0 Accept Any Bid and to Reject Any or All Bids 35, Notification of Award 34.1 38.1 353 38 (a) the quantity of substantially identical Subsystems; or (b) the quantity of individual hardware, Software, related equipment, Materials, products, and other Goods components of the Information System; or (©) the quantity of Installation or other Services to be performed, from that originally specified in the Technical Requirements (as amended by any Addends issued pursuant to ITB Clause 1), without any change in unit prices or other terms and conditions, ‘The Purchaser reserves the right to accept or reject any bid or to annul the bidding process and reject all bids at any time prior to Contract award, without thereby incurring any liability to the Bidders, Prior to the expiration of the period of bid validity, the Purchaser shall notify the successful Bidder, in writing, that its bid has been accepted Until a formal Contract is prepared and executed, the notification of award shall constitute a binding Contract. ‘The Purchaser shall promptly publish in UNDB online and in dgMarket the results, identifying the bid and lot numbers and the following information: (i) name of each Bidder who submitted a bid; (ii) bid prices as read out at bid opening; (iii) name, evaluated price and, if the bidding conditions included scoring for technical quality, the technical score of each bid that was evaluated; (iv) name of Bidders whose bids were rejected and the reasons for their rejection; and (v) name of the winning Bidder, the price it offered, as well as the duration and summary scope of the contract awarded. After publication of the award, unsuccessful Bidders may make a reques: in writing to the Purchaser for a debriefing seeking explanations on the grounds on which their bids were not selected. The Purchaser shall promptly respond in writing to any unsuccessful Bidder who, after publication of contract award, requests a debriefing, Upon the successful Bidder furnishing the signed Contract Agreement and the Performance Security pursuant to ITB Clause 37, the Purchaser will promptly notify each unsuccessful Bidder, and will discharge all remaining Bid Securities, if any, as provided in ITB Clause 17.5 (c) and (4),Section I Instructions to Bidders 36. Signing of Contract 37. Performance Security 38. Adjudicator 36.1 36.2 312 38.1 At the same time as the Purchaser notifies the successful Bidder that its bid has been accepted, the Purchaser will send the Bidder the Contract Agreement provided in the Bidding Documents, incorporating all agreements between the parties, As soon as practically possible, but no more than twenty-eight (28) days following receipt of the Contract Agreement, the successful Bidder shall sign and date it, and retum it to the Purchaser. As soon as practically possible, but no more than twenty-eight (28) days following receipt of notification of award from the Purchaser, the successful! Bidder shall furnish the Performance Security in accordance with the GCC, using the Performance Security form provided in the Bidding Documents or another form acceptable to the Purchaser. Failure of the successful Bidder to comply with the requirements of ITB Clause 36 or ITB Clause 37.1 shall constitute sufficient grounds for the annulment of the award and, if and as applicable, execution of the Bid-Securing Declaration or forfeiture of the Bid Security, in which event the Purchaser may ‘make the award to the next lowest evaluated bid submitted by a qualified Bidder or call for new bids. Unless otherwise stated in the BDS, the Purchaser proposes that the person named in the BDS be appointed as Adjudicator under the Contract to assume the role of informal Contract dispute mediator, as described in GCC Clause 6. In this case, a résumé of the named person is attached to the BDS. The proposed hourly fee for the Adjudicator is specified in the BDS. The expenses that would be considered reimbursable 10 the Adjudicator are also specified in the BDS. Ifa Bidder does not accept the Adjudicator proposed by the Purchaser. it should state its non-acceptance in its Bid Submission Form and make a counterproposal of an Adjudicator and an hourly fee, attaching a résumé of the altemative, If the successful Bidder and the Adjudicator nominated in the BDS happen to be from the same country, and this is not the country of the Purchaser too, the Purchaser reserves the right to cancel the Adjudicator nominated in the BDS and propose a new one. If by the day the Contract is signed, the Purchaser and the successful Bidder have not agreed ‘on the appointment of the Adjudicator, the Adjudicator shall be appointed, at the request of either party, by the Appointing Authority specified in the SCC clause relating to GCC Clause 6.1.4, or if no Appointing Authority is specified there, the Contract will be implemented without an Adjudicator.Section J, Instructions to Bidders 40SECTION IT. BID DATA SHEET (BDS)2 Section Il Bid Dats Sheet Bid Data Sheet ‘The following specific information relating to the System to be procured and the procurement procedures that will be used shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions in the Bid Data Sheet (BDS) shall prevail over those in the ITB. A. GENERAL TB 11 Name of Purchaser: Monetary Board of the Central Bank of Sri Lanka | Name of authorized Purchasing Agent: None Description of the System for which bids are invited: Implementation of an Investment Management System for the Centralized Investment Unit of the Central Bank of Sri Lanka ITB 12 Title of IFB: Tender for Supply, Installation and Commissioning of Investment Management System for the Centralized | Investment Unit of the Central Bank of Sri Lanka Number of IFB: LK-CBSL-223669-GO-RFB Name of resulting Contract(s): Contract for Supply, Installation and Commissioning of Investment Management System for the Centralized Investment Unit of the Central Bank of Sti Lanka | Name of the Borrower: The Government of Democratic Socialist Republie of Sri Lanka | Credit Number : Cr-6006-LK | Credit amount: USD 75 Million ITB 2.1 ‘Name of Project: Sri Lanka Financial Sector Medemization Project | [TTB 6.1 @) ‘Qualification requirements for Bidders are: 7 CBSL will consider bids only from suppliers who have; 1. Successfully implemented at least one Investment Management System in financial institutions of similar | | nature and complexity during last five financial years, and; 2. Had an average annual tumover of not less than United States Dollars One Million (USS 1,000,000/-) or | ‘equivalent in the past three financial years ended 2019. |1TB 6.1(6) | Manufacturer's Authorizations for Information Technologies ~ | except for those technologies which the Bidder itself manufactures -