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Instructions For Government Tenders
(Published in the Official Gazette Vol. 4436 on 1/3/1987)
Instructions for Tenders on Government Works
Issued in accordance with Article (16) of Government Public Works By-law No. (71) of 1986
Article 1 - These Instructions shall be cited (Instruction for Tenders on Government Works of 1987) and shall come into effect as of the date of publication in the Official Gazette).
 
Section One
Definitions
 
 
Article 2
 A.    Subject to the provisions of Section (B) thereof; the following words and phrases shall have the meaning ascribed in the Instructions hereunder unless otherwise indicated by context.
 
By-law:            Government Works By-law No.71  of 1986 as amended or any other substitute by-law.
Budget:          State General Budget
Tender Documents All documents related to the Tender including tender invitation, general and special conditions, drawings, award basis, contract concluded relative thereto as well as any other papers related to the tender.
Tender Invitation:      Announcement in the newspapers or invitations addressed to the Contractors or Consultants, tender requirements and enclosures thereof.
Evaluation:           Verification of the fulfillment of the requirements set forth in Tender Invitation for the Tenderer in view of the consideration of the technical offer submitted thereby in tender offer.
Qualification:           Verification of the fulfillment of the required principles in applicants in accordance with the certified forms including the approved form including their technical abilities, financial and administrative capacities, the volume of their financial obligations and credit rating.
Committee            The Competent Tenders Committee.
 
B.  Definitions set forth in the By-law and General Conditions of the Contract for the purpose of implementation of these Instructions.
 
 
Section Two
Preparation and Arrangement of Tender Documents
 
 
Article 3
A.     The Department shall, prior to requisition of any tender invitation should prepare and arrange the required tender documents in accordance with technical norms and pursuant to the provisions of the By-law and instructions issued hereunder and in sufficient copies for distribution to tenderers.
 
B - The Department shall send a letter to the competent Tenders Committee requesting therein releasing of the tender provided the following information are enclosed with the letter:
1 -  The name of the authority whereby requirements or studies have been prepared and the name of the authority whereby following and supervision shall be undertaken.
2 - Land acquisition decisions, land and site sketches regarding buildings or the layout in case of road and other projects.
3 - Soil survey report prepared by entity with respect to government works tenders.
4 - Initial cost estimations in works tenders.
5 - The funding entity for the project, statement of the earmarked allocations thereto in the budget together with the approval of the Council of Ministers for providing any amounts in excess of the earmarked allocations.
6 -  Department Representatives Names in the competent Tenders Committee.
 
Article 4
 A. Documents of Technical Services Tenders shall include the following information and details in addition to any other requirements determined by the Employer in Tender Invitation:
1 -  General description of the project together with Department Requirements Schedule, the purpose of the project design and definition for project's different work stages.
2 -  Land sketches and layouts for building projects and general layouts for other projects in addition to land acquisition decisions and any other requirements in this regard.
3 -  The cost limits within which the designer should work with respect to the project to be designed.
4 -  The Contractual terms, draft contract and method of submission of bids
5 - Method of specifying the period of completion of work, fees and amount of the required guarantees.
 
  
B.  Documents of Works Tenders shall include the following particulars and requirements listed below in addition to any other requirements specified by the Employer in the Tender Invitation:
1 - Project Description:  Should comprise the basic information on the project's nature, elements, size and location to any type of the following required works:
 
Building Projects:  Specification of the number, stories and sizes of buildings, any other ancillary facilities in addition to site-works and services.
Roads Projects:  Specify the type, length, width of road, number of lanes, start and end point, drainage installations, bridges and intersections.
Other Projects:  Such information regarding any project shall be determined in accordance with the nature thereof.
 
2 - Tender Instructions:  Including guidelines and terms which should be  bidders are required to be abide by concerning the method of submission of offers, amount of Tender Guarantee, basic information about the Contractor and qualifications thereof in addition to what should be enclosed to the offer including any other information, documents or details should be enclosed with the offer.
 
3 - The General Terms of the contract, detailed in construction contracting book issued by the Ministry and should be observed with by both departments and consultants.
 
4 - Terms of construction contract which are complementary terms of the General Terms, any other amendments or additional terms thereto that's required by the Tender including terms concerning funding offers, project execution method, stages, the right of the Employer divisibility rights thereof.
 
5 - Drawings:     Detailed drawings required to execute the project, land and site drawings in addition to the layouts.
 
6 - Technical specifications, bills of quantity, prices as well as it includes general and project-specific technical specifications, bills of quantity and prices classified in parts including infrastructure, site-works, structural and complementary works.
 
7 -  Contract and guarantees forms.
 
8 -  Any other addenda to tender's documents.
 
Section Three
               Guarantees and Fines
 
  
Article 5
A.     Guarantees of works tender shall be determined as follows:
 
1 - Tender Guarantee:    To be determined by deducted amount, and shall be calculated based on (2 - 3%) of tender's estimated value as it shall be defined in tender offer form.
 
2 - Performance Guarantee: Shall be at the rate of 10% of contract value.
 
3 - Maintenance Bond:  5% of the actual value of the project upon completion.
 
 
4 - Performance Bond of technical services tenders shall be determined as 10% of contract value.
 
Execution period of the Tender shall be defined in tender offer form as well as delay fine per day where such a fine is commensurate with tender value, execution period and shall be calculated in accordance with the following equation:
 
Delay Fine = 10% of the daily production
 
Delay Fine =       
 
Section Four
Tendering Procedures
 
Article 6
A. The Chairman of the Committee must verify the following prior to announcing of any tender:
1 - The availability of all requirements for releasing the tender as stipulated by these instructions. In the event that there are missing documents or information, the Committee Chairman shall request that they should be provided, and the concerned authority is required to do so.
2 -  The availability of a sufficient number of copies of tender documents.
3 - Making sure that there are no financial or tax exemptions unless by prior approval of Council of Ministers thereto.
 
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
 
                             
                                                     
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