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Instructions for Prequalification of Contractors and Consultants of 2001

 Issued subject to Article (4) of Government Public Works By-law No. (71) of 1986 and Article (17) of Government Tenders Instructions


Article (1):        These Instructions shall be cited (Instruction for the Prequalification of Contractors and Consultants of 2001) coordinators of 2001, and shall into effect as of the date of publication in the Official Gazette).
Article (2) - Subject to the provisions of Section (B) of this Article; the following words and phrases shall have the meaning ascribed in the Instructions hereunder unless the otherwise indicated by context.
By-law: Public Works By-law No. (71) of 1986 as amended or any other by-law thereupon.
Balance:   State Balance Sheet.
Prequalification Documents:        All documents related to the prequalification which contains the invitation for participation in the qualification, requirements and basics of qualification including the certified forms.
Qualification Invitation:  Announcement in newspapers or invitations addressed to contractors or consultants, qualification requirements and enclosure thereof.
The Participant:   The Contractor or Consultant who obtained Prequalification Document and submitted it on the date determined in qualification invitation.
Evaluation:    Pre-verification of the fulfillment of the requirements set forth in the Prequalification Invitation for the Participant in view of the consideration of the qualification request submitted by it.
Prequalification:    Pre-verification of the fulfillment of the required basics in the participants in accordance with prequalification documents including their technical abilities, financial and administrative capacities, the volume of their financial obligations and the ability to pay-off to be invited to participate in the tender of the project concerning the prequalification.
The Committee    Tenders Committee established subject to the provisions of the By-law.
Competent Authority:     The competent authority for attestation of committee decisions subject to the provisions of the By-law.            
B - Definitions set forth in the By-law and in General Conditions of the Contract for the purpose of implementation of these instructions.
Article (3): A - The Department must, prior to the request for qualification invitation for any bid, prepare and arrange the required documents subject to technical norms and in accordance with the provisions of the By-law and instructions issued hereunder in copies enough to be distributed on the participants in addition to adequate number of  electronic copies.  
B - The Department shall send a letter to the Chairman of the competent tenders committee for who are willing to participate in a specific project provided that prequalification documents including the following are enclosed  therewith:-
1 -  Information about the project.
2 -  The execution program of proposed project.
3 -  The source of project finance and the amount of finance.
4 - Information that should be submitted by the Participant within its prequalification request provided that, at least, the following are included therewith:
A -  The organizational situation of the Participant.
B -  Permanent administrative  and technical boards working therewith.
C -  The required technical cadres to be provided for the project concerning the prequalification.
D - The equipment and vehicles available therewith which are necessary to complete the required works.
E -  Track record in the required field of works.
F -  Financial position of the Participant.
G - The record of judicial relief or arbitration for projects whether completed and/ or in-progress.
The Participant shall be required to submit all abovementioned information supported by the required documents and certificates of performance attested by employers concerning its prior experience in projects whether completed or in-progress.
5 - Details of evaluation basics and criteria whereby prequalification requests shall be evaluated thereupon.
C -1 - Participants are not allowed to establish mutual consortiums or with third parties. However, any request submitted from consortium shall be rejected unless it has been set forth in the invitation that consortium is allowed provided that consortium shall not be allowed with more than two parties.
2 - If the type of project's requirements were in need of multi specialized experiences whereby it would not be achieved unless by consortium among three parties or more; then the approval of the competent authority should be obtained prior to Prequalification Invitation Announcement on the recommendation of the Chairman of the Committee.
3 - All of consortium members shall be prequalified and in case of withdrawal of one party; the qualification of the consortium shall be deemed null and void in addition to it shall be excluded from participation in the tender.
4 - No other wording shall be allowed for invitation for participation in prequalification, specifically, the wording of participation, assembly and so on unless by prior approval from the competent authority on the recommendation of the Chairman of the Committee.
Article (4):        The Chairman of the competent committee shall invite who are willing to participate in prequalification for those whose specializations are compatible with the type of works or the required technical services (at scale) to submit prequalification requests including their technical offers by issuing Arabic and/ or English announcement in a minimum of  two daily newspapers. In addition, the announcement shall be published via Department's website, taking to consideration the requirements of project sponsors.
Article (5):        The Announcement of Prequalification invitation shall include the following main points:
A -  Project Name, location in addition to a short description for project elements.
B -  Specializations of those who willing to submit prequalification request for the project.
C - The method whereby prequalification documents obtained in addition to identifying the price of one copy, in case of it not distributed for free.
D - Project funding resource and funding value.
E - Last date allowed to receive prequalification documents in addition to identifying the method, place and the last date to file requests and the time of opening thereof.
Article (6):        Competent Tenders Committee may, subject to Article (15 - B) of the Article, seek assistance from experts and technicians to create a technician committee thereof, whenever required, to review and evaluate the submitted evaluation requests in addition to preparing a technical report thereto to be thereby reported to the Chairman of the Committee.
Article (7):   The Committee, in case of that assistance has been sought thereof, shall consider, review, revise and modify the Technical Committee Report. Whenever required, the Committee shall prepares a comprehensive report including recommendation thereto to be reported to the competent authority for approval to its reports subject to the provisions of the By-law provided that all available information about qualified applicants is enclosed therewith, specifically, at a minimum, what is set forth in Clause (B) of Article (8) hereunder.
Article (8): A - The competent authority, upon receiving committee's report,  as per what it deems appropriate, shall approve committee's recommendation without change, or to edit candidates list by adding, deletion or requalification and reasons thereof  within thirty days at a maximum from the date of reporting thereto. If no decision by the competent authority in this regard made within this period; then committee's recommendation shall be deemed approved.
B -  The competent committee may exclude any qualified participants if:
- Any information brought by the Committee or via any other source indicating the inability for project execution;
- Previously violated its contractual obligation in any project whether inside or out of the Kingdom, intentionally submitted wrong information about its financial, technical, administrative positions
- The contractual obligations volume inside Jordan became fairly large or exceeded the financial, technical or administrative abilities thereof or;
- Any other fundamental reason may affect the execution of qualification project.  However, the competent authority shall inform the Chairman of the Committee of the decision made thereby together with the compelling reasons to the Chairman of the Committee in order to complete procedures.
C - Committees' reports and procedures, decisions are kept secret and be subject to liability until reaching the final list of qualified participants.             


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