Request for Bids (RFB): Equipping of Exploratory Boreholes Project-Lot 1- Sarman - Tarbaj Water Supply

Section I - Instructions to Bidders 5
Section I - Instructions to Bidders 6
Section I - Instructions to Bidders
A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids specified in the Bid
Data Sheet (BDS), the Employer, as specified in the BDS, issues
these Bidding Documents for the procurement of the Works as
specified in Section VII, Works Requirements. The name,
identification, and number of lots (contracts) of this bidding are
specified in the BDS.
1.2 Throughout this Bidding Document:
(a) the term “in writing” means communicated in written form and
delivered against receipt;
(b) except where the context requires otherwise, words indicating
the singular also include the plural and words indicating the
plural also include the singular;
(c) “day” means calendar day; and
(d) “ES” means environmental and social (including Sexual
Exploitation, and Abuse (SEA) and Sexual Harassment
(SH));
(e) “Sexual Exploitation and Abuse” “(SEA)” means the
following:
“Sexual Exploitation” is defined as any actual or
attempted abuse of position of vulnerability, differential
power or trust, for sexual purposes, including, but not
limited to, profiting monetarily, socially or politically from
the sexual exploitation of another;
“Sexual Abuse” is defined as the actual or threatened
physical intrusion of a sexual nature, whether by force or
under unequal or coercive conditions;
(f) “Sexual Harassment” “(SH)” is defined as unwelcome
sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature by the Contractor’s
Personnel with other Contractor’s or Employer’s Personnel;
(g) “Contractor’s Personnel” is as defined in Sub- Clause 1
(ii) of the General Conditions of Contract; and
Section I - Instructions to Bidders 7
(h) “Employer’s personnel” is as defined in GCC Sub-Clause
1 (nn) of the General Conditions of Contract.
A non-exhaustive list of (i) behaviors which constitute SEA and
(ii) behaviors which constitute SH is attached to the Code of
Conduct form in Section IV.
2. Source of Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”)
specified in the BDS has received or has applied for financing
(hereinafter called “funds”) from the International Bank for
Reconstruction and Development or the International
Development Association (hereinafter called “the Bank”) in an
amount specified in the BDS, toward the project named in the
BDS. The Borrower intends to apply a portion of the funds to
eligible payments under the contract(s) for which these Bidding
Documents are issued.
2.2 Payment by the Bank will be made only at the request of the
Borrower and upon approval by the Bank, and will be subject, in
all respects, to the terms and conditions of the Loan (or other
financing) Agreement. The Loan (or other financing) Agreement
prohibits a withdrawal from the Loan (or other financing) 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 (or other financing) Agreement or have any
claim to the proceeds of the Loan (or other financing).
3. Corrupt and 3.1 The Bank requires compliance with its policy in regard to corrupt
Fraudulent and fraudulent practices as set forth in Section VI.
Practices
3.2 In further pursuance of this policy, Bidders shall permit and shall
cause their agents (whether declared or not), sub-contractors,
sub-consultants, service providers, suppliers, and personnel, to
permit the Bank to inspect all accounts, records and other
documents relating to any prequalification process, bid
submission, and contract performance (in the case of award), and
to have them audited by auditors appointed by the Bank.
4. Eligible Bidders 4.1 A Bidder may be a firm that is a private entity, or a government-
owned entity—subject to ITB 4.5—or any combination of them in
the form of a joint venture (JV), under an existing agreement, or
with the intent to enter into such an agreement supported by a letter
of intent. In the case of a joint venture, all members shall be jointly
and severally liable for the execution of the Contract in accordance
with the Contract terms. The JV shall nominate a Representative
Section I - Instructions to Bidders 8
who shall have the authority to conduct all business for and on
behalf of any and all the members of the JV during the bidding
process and, in the event the JV is awarded the Contract, during
contract execution. Unless specified in the BDS, there is no limit
on the number of members in a JV.
4.2 A Bidder shall not have a conflict of interest. All Bidders found
to have a conflict of interest shall be disqualified. A Bidder may
be considered to have a conflict of interest for the purpose of this
bidding process, if the Bidder:
(a) directly or indirectly controls, is controlled by or is under
common control with another Bidder; or
(b) receives or has received any direct or indirect subsidy from

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