Supply and Delivery of Distribution Transformers, Electricity Meters and Ready Boards

Name

Bank

Account Number

Branch Code

Branch

Eswatini Electricity Company

Standard bank

9110003236261

663164

Swazi Plaza

Eswatini Electricity Company

Nedbank

020000286843

360164

Mbabane

Eswatini Electricity Company

First National Bank

62154679735

280164

Mbabane

Section I - Instructions to Bidders (ITB)

Section I. Instructions to Bidders

1. General

1. Scope of Bid

1. 1. In connection with the Specific Procurement Notice, Request for Bids (RFB) Framework Agreement(s) Goods, specified in the Bid Data Sheet (BDS), the Procuring Agency, as specified in the BDS, issues this Request for Bids (RFB) document as part of the Primary Procurement process for Goods, and may lead to Framework Agreement(s) being concluded with the successful Bidder(s). The name and identification of this RFB are specified in the BDS.
   2. Throughout this Bidding document:
      1. “in writing” means communicated in written form (e.g. by mail, e-mail, fax, including if specified in the BDS, distributed or received through the electronic-procurement system used by the Procuring Agency) with proof of receipt;
      2. if the context so requires, “singular” means “plural” and vice versa;
      3. “Day” means calendar day, unless otherwise specified as “Business Day”. A Business Day is any day that is an official working day of the Borrower. It excludes the Borrower’s official public holidays;
      4. “Call-off Contract” means a contract awarded, under a Framework Agreement, through a Secondary Procurement process, for the supply of Goods, and any Related Services. The parties to the contract are the Purchaser and Supplier;
      5. “Closed Framework Agreement”: A Closed Framework Agreement is where no new firm(s) may conclude Framework Agreement(s) during the Term of the Framework Agreement;
      6. “Country” means the Procuring Agency’s/Purchaser’s country;
      7. “Delivery Period” is the specified period from the date of formation of a Call-off contract for delivery of the Goods, as per the applicable Incoterms;
      8. “Framework Agreement (FA)” means the agreement between the Procuring Agency and Supplier (s) (the successful Bidder(s)) to establish the terms and procedures governing the award of Call-off contracts under the agreement;
      9. “FA Supplier” means a Supplier;
      10. “Goods” means all goods, materials or items that the Supplier is required to supply to a Purchaser under a Call-off Contract placed under a Framework Agreement. Details of such Goods are set out in Part 2, Supply Requirements, and the Framework Agreement and particularly described in a Call-off Contract. Where appropriate, for the purpose of interpretation, the definition for Goods includes Related Services;
      11. “Lead Purchaser” when named in the Framework Agreement, a Lead Purchaser is a party to the Framework Agreement, in its capacity as: (a) the lead agency acting on behalf of all participating Purchasers in managing and administering the Framework Agreement, and (b) as a Purchaser in its own right;
      12. “Multi-User Framework Agreement” means a Framework Agreement where there is more than one Purchaser permitted to purchase through a Call-off Contract;
      13. “Multi-Supplier Framework Agreement” means where more than one Bidder (Supplier) concludes a Framework Agreement for the supply of each item;
      14. “Primary Procurement” means the procurement process that results in concluding a Framework Agreement(s) with a successful Bidder(s), as described in this RFB;
      15. “Procuring Agency” means the agency that undertakes the Primary Procurement process and concludes the Framework Agreement(s);
      16. “Purchaser”, as specified in the BDS, means the agency(ies) that is/are permitted to purchase Goods from a Supplier under a Call-off Contract awarded through a Framework Agreement;
      17. “Related Services” if applicable, means the services incidental to the supply of the Goods, such as insurance, installation, training, initial maintenance and other such obligations of the Supplier, as specified in Framework Agreement Schedule 1: Schedule of Requirements, and specifically described in a Call-off Contract;
      18. “Responsible Agency” when named in the Framework Agreement, is a party to the Framework Agreement, but only in its capacity to conclude the Framework Agreement(s) with successful Suppliers, and, as the agency responsible for managing and administering the Framework Agreement, on behalf of the Purchaser or Purchasers, once it has been concluded. A Responsible Agency is not a Purchaser under the Framework Agreement;
      19. “Secondary Procurement” means the process described in the Framework Agreement and followed by a Purchaser to select a FA Supplier, and award a Call-off Contract for the supply of Goods;
      20. “Single-User Framework Agreement” means a Framework Agreement where there is only one Purchaser;
      21. “Single-Supplier Framework Agreement” means a Framework Agreement where only one Bidder (Supplier) concludes a Framework Agreement for the supply of each item;
      22. “Supplier” means a Bidder that has concluded a Framework Agreement through the Primary Procurement process and may be considered for the award of a Call-off Contract, to deliver the Goods, and, if applicable, Related Services, as and when required. A Supplier may also be referred to as a “FA Supplier”;
      23. “Term” mean the duration of a Framework Agreement starting on the Commencement Date. Where applicable, it includes any extension(s) to the initial Term, if permitted and agreed.

1. Source of Funds

1. 1. The Borrower or Recipient (hereinafter called “Borrower”) specified in the BDS has applied for, or received 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 Call-off Contracts to be awarded under the Framework Agreement(s) for which this Bidding document is issued.
   2. Payment by the Bank will be made only at the request of the Borrower and upon approval by the Bank in accordance with the terms and conditions of the Loan (or other financing) Agreement. The Loan (or other financing) 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 is prohibited by 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).

1. Fraud and Corruption

1. 1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Section VI, Fraud and Corruption.
   2. In further pursuance of this policy, Bidders shall permit and shall cause their agents (whether declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit the Bank to inspect all accounts, records and other documents relating to any, Bid submission, Primary Procurement process, Framework Agreement performance, Secondary Procurement process, and/or Call-off Contract performance (in the case of award of a Call-off Contract), and to have them audited by auditors appointed by the Bank.

1. Eligible Bidders

1. 1. A Bidder may be a firm that is a private entity, a state-owned enterprise or institution subject to ITB 4.6, or any combination of such entities 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 any Call-off Contract(s) awarded under the Framework Agreement in accordance with the Call-off Contract conditions that apply. The JV shall nominate a Representative 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 a Call-off Contract under the Framework Agreement, during contract execution. Unless specified in the BDS, there is no limit on the number of members in a JV.
   2. A Bidder shall not have a conflict of interest. Any Bidder 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:
      1. directly or indirectly controls, is controlled by or is under common control with another Bidder that submits a bid for the same item; or
      2. receives or has received any direct or indirect subsidy from another Bidder that submits a bid for the same item; or
      3. has the same legal representative as another Bidder that submits a bid for the same item; or
      4. has a relationship with another Bidder that submits a bid for the same item, directly or through common third parties, that puts it in a position to influence the Bid of another Bidder, or influence the decisions of the Procuring Agency regarding this Primary Procurement process; or
      5. or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the Goods, or Related Services, that are the subject of the Bid; or
      6. or any of its affiliates has been hired (or is proposed to be hired) by the Procuring Agency or Purchaser or Borrower in implementing the Framework Agreement or a Call-off Contract; or
      7. would be providing Goods, works, or non-consulting services resulting from, or directly related to consulting services for the preparation or implementation of the project specified in the BDS ITB 2.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or
      8. has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who:
         1. are directly or indirectly involved in the preparation of the Bidding document or specifications of the Framework Agreement or Call-off Contract, and/or the Bid evaluation process of such Framework Agreement or Call-off Contract; or
         2. would be involved in the implementation or supervision of such Framework Agreement or Call-off Contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the Bidding process and execution of the Framework Agreement and/or Call-off Contract.
   3. A firm that is a Bidder (either individually or as a JV member) shall not participate in more than one Bid. This includes participation as a subcontractor. Such participation shall result in the disqualification of all Bids in which the firm is involved. A firm that is not a Bidder or a JV member, may participate as a subcontractor in more than one Bid.
   4. A Bidder may have the nationality of any country, subject to the restrictions pursuant to ITB 4.8. A Bidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in, and operates in conformity with, the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be. This criterion also shall apply to the determination of the nationality of proposed subcontractors or subconsultants for any part of a Call-off Contract including Related Services.
   5. A Bidder that has been sanctioned by the Bank, pursuant to the Bank’s Anti-Corruption Guidelines, in accordance with its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework as described in Section VI paragraph 2.2 d., shall be ineligible to be prequalified for, initially selected for, Bid for, propose for, or conclude a Bank-financed Framework Agreement or Call-off Contract or benefit from a Bank-financed Framework Agreement or Call-off Contract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms and individuals is available at the electronic address specified in the BDS.
   6. Bidders that are state-owned enterprises or institutions in the Procuring Agency’s Country may be eligible to compete and conclude a Framework Agreement or be awarded a Call-off Contract(s) only if they can establish, in a manner acceptable to the Bank, that they:
      1. are legally and financially autonomous;
      2. operate under commercial law; and
      3. are not under supervision of the Procuring Agency, Responsible Agency or a Purchaser.
   7. Eligibility of Bidders suspended, as a result of the execution of a Bid–Securing Declaration or Proposal-Securing Declaration, shall be as follows:
      1. A Bidder that is under suspension from Bidding, as the result of the operation of a Bid–Securing Declaration or Proposal-Securing Declaration, by the Purchaser in case of a Single-User Framework Agreement or all Purchasers in a Multi-User Framework Agreement shall not be eligible to bid to conclude a framework agreement.
      2. A Bidder that has concluded a framework agreement is ineligible to quote for or to be awarded a Call-off Contract by a Purchaser that has suspended the bidder as the result of the operation of a Bid–Securing Declaration or Proposal-Securing Declaration.
      3. Subject to (a) above, a Bidder that is under suspension, as the result of the operation of a Bid–Securing Declaration or Proposal-Securing Declaration, by a Procuring Agency is eligible to bid for the framework agreement.
   8. Firms and individuals may be ineligible if so indicated in Section V and:
      1. as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of Goods or the contracting of works or services required; or
      2. by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s country prohibits any import of Goods or contracting of works or services from that country, or any payments to any country, person, or entity in that country.
   9. A Bidder shall provide such documentary evidence of eligibility satisfactory to the Procuring Agency, as the Procuring Agency shall reasonably request.
   10. A firm that is under a sanction of debarment by the Borrower from concluding a contract, or a Framework Agreement or being awarded a Call-off Contract is eligible to participate in this procurement, unless the Bank, at the Borrower’s request, is satisfied that the debarment;
       1. relates to fraud or corruption; and
       2. followed a judicial or administrative proceeding that afforded the firm adequate due process.

1. Eligible Goods and Related Services

1. 1. All the Goods and Related Services to be supplied under a Call-off Contract awarded under a Framework Agreement and financed by the Bank, may have their origin in any country in accordance with Section V, Eligible Countries.
   2. For purposes of this ITB, the term “Goods” includes commodities, raw materials, machinery, equipment, and industrial plants; and “Related Services” includes services such as insurance, installation, training, and initial maintenance.
   3. The term “origin” means the country where the Goods have been mined, grown, cultivated, produced, manufactured or processed; or, through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its components.

1. Contents of the RFB Document

1. Sections of Bidding Document

1. 1. The Bidding document consists of Parts 1, 2, 3, and 4, which include all sections, schedules, annexes. and should be read in conjunction with any addenda issued in accordance with ITB 8.

PART 1 - Bidding Procedures

Section I - Instructions to Bidders (ITB)

Section II - Bidding Data Sheet (BDS)

Section III - Evaluation and Qualification Criteria

Section IV - Bidding Forms

Section V - Eligible Countries

Section VI - Fraud and Corruption    

PART 2 - Supply Requirements

Section VII - Schedule of Requirements

PART 3 - Procuring Agency Forms

PART 4 - Framework Agreement (FA)

SCHEDULE 1: Schedule of Requirements

SCHEDULE 2: Price Schedules

SCHEDULE 3: Secondary Procurement

SCHEDULE 4: Call-off Contract General Conditions of Contract

SCHEDULE 5: Secondary Procurement Forms

SCHEDULE 6: List of Purchasers (if applicable)

1. 1. The Specific Procurement Notice “Request for Bids to conclude a Framework Agreement(s) for Goods”, issued by the Procuring Agency is not part of this Bidding document.
   2. Unless obtained directly from the Procuring Agency, the Procuring Agency is not responsible for the completeness of the document, responses to requests for clarification, the Minutes of the pre-Bid meeting (if any), or addenda to the Bidding document in accordance with ITB 8. In case of any contradiction, documents obtained directly from the Procuring Agency shall prevail.
   3. The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding document and to furnish with its Bid all information or documentation as is required by the Bidding document.

1. Clarification of Bidding Document

1. 1. A Bidder requiring any clarification of the Bidding document shall contact the Procuring Agency in writing at the Procuring Agency’s address specified in the BDS. The Procuring Agency will respond in writing to any request for clarification, provided that such request is received prior to the deadline for submission of Bids within a period specified in the BDS. The Procuring Agency shall forward copies of its response to all Bidders who have acquired the Bidding document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. If so specified in the BDS, the Procuring Agency shall also promptly publish its response at the web page identified in the BDS. Should the clarification result in changes to the essential elements of the Bidding document, the Procuring Agency shall amend the Bidding document following the procedure under ITB 8 and ITB 22.2.

1. Amendment of Bidding Document

1. 1. At any time prior to the deadline for submission of Bids, the Procuring Agency may amend the Bidding document by issuing addenda.
   2. Any Addendum issued shall be part of the Bidding document and shall be communicated in writing to all who have obtained the Bidding document from the Procuring Agency in accordance with ITB 6.3. The Procuring Agency shall also promptly publish the addendum on the Procuring Agency’s web page in accordance with ITB 7.1.
   3. To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Procuring Agency may, at its discretion, extend the deadline for the submission of Bids, pursuant to ITB 22.2.

1. Preparation of Bids

1. Cost of Bidding

1. 1. The Bidder shall bear all costs associated with the preparation and submission of its Bid, in relation to this Primary Procurement process, (and if successful any Secondary Procurement process) and the Procuring Agency shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process.

1. Language of Bid

1. 1. The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the Procuring Agency, shall be written in the language specified in the BDS. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages into the language specified in the BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern.

1. Documents Comprising the Bid

1. 1. The Bid shall comprise two Parts, namely the Technical Part and the Financial Part. These two Parts shall be submitted simultaneously in two separate sealed envelopes (two-envelope Bidding process). One envelope shall contain only information relating to the Technical Part and the other, only information relating to the Financial Part. These two envelopes shall be enclosed in a separate sealed outer envelope marked “Original Bid”.
   2. The Technical Part shall contain the following:
      1. Letter of Bid -Technical Part: prepared in accordance with ITB 12;
      2. Authorization: written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 20.3;
      3. Qualifications: documentary evidence in accordance with ITB 17 establishing the Bidder’s qualifications to conclude a Framework Agreement and perform any Call-off Contract, if awarded;
      4. Bidder’s Eligibility: documentary evidence in accordance with ITB 17 establishing the Bidder’s eligibility to Bid;
      5. Eligibility of Goods and Related Services: documentary evidence in accordance with ITB 16, establishing the eligibility of the Goods and Related Services to be supplied by the Bidder;
      6. Conformity: documentary evidence in accordance with ITB 16, that the Goods and Related Services conform to the Bidding document; and
      7. any other document required in the BDS.
   3. The Financial Part envelope shall contain the following:
      1. Letter of Bid – Financial Part: prepared in accordance with ITB 12 and ITB 14;
      2. Price Schedules: completed prepared in accordance with ITB 12 and ITB 14;
      3. any other document required in the BDS.
   4. The Technical Part shall not include any financial information related to the Bid price. Where material financial information related to the Bid price is contained in the Technical Part the Bid shall be declared non-responsive.
   5. In addition to the requirements under ITB 11.2, Bids submitted by a JV shall include a copy of the Joint Venture agreement entered into by all members. Alternatively, a letter of intent to execute a Joint Venture Agreement in the event of a successful Bid shall be signed by all members and submitted with the Bid, together with a copy of the proposed agreement.
   6. The Bidder shall furnish in the Letter of Bid information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to this Bid.

1. Letters of Bid

1. 1. The Bidder shall prepare the Letter of Bid – Technical Part, and Letter of Bid – Financial Part using the relevant forms furnished in Section IV, Bidding Forms. The forms must be completed without any alterations to the text, and no substitutes shall be accepted except as provided under ITB 20.3. All blank spaces shall be filled in with the information requested.

1. Alternative Bids

1. 1. Alternative Bids shall not be permitted in this Primary Procurement process.

1. Bid Prices and Discounts

1. 1. The prices and unconditional discounts quoted by the Bidder in the Letter of Bid – Financial Part and in the Price Schedules shall conform to the requirements specified below.
   2. Bidders shall provide their prices in the Price Schedules, as specified ITB 14.7 below.
   3. The price to be quoted in the Letter of Bid -Financial Part in accordance with ITB 12.1 shall be, as specified in the BDS.
   4. The Bidder shall indicate the methodology for the application of any unconditional discounts in the Letter of Bid, in accordance with ITB 12.1.
   5. For the purpose of Secondary Procurement, the price(s) offered by the Bidder shall be treated as set out in the Framework Agreement Specific Provisions.
   6. The terms EXW, CIP, and other similar terms shall be governed by the rules prescribed in the current edition of Incoterms, published by the International Chamber of Commerce, as specified in the BDS.
   7. Unit prices in the Price Schedules shall be quoted against either estimated quantities over the duration of the Framework Agreement (Term) or indicative range of individual Call-off quantities as specified in the BDS. Prices shall be quoted as specified in each Price Schedule included in Section IV, Bidding Forms. The disaggregation of price components is required solely for the purpose of facilitating the comparison of Bids by the Procuring Agency. This shall not in any way limit the Purchaser’s right to award a Call-off Contract on any of the terms offered. In quoting prices, the Bidder shall be free to use transportation through carriers registered in any eligible country, in accordance with Section V, Eligible Countries. Similarly, the Bidder may obtain insurance services from any eligible country in accordance with Section V, Eligible Countries. Prices shall be entered in the following manner:
      1. For Goods to be supplied  from within the Procuring Agency’s Country:
         1. If manufactured in the Procuring Agency’s Country: the price of the Goods quoted EXW (ex-works, ex-factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable on the components and raw material used in the manufacture or assembly of the Goods, including the price for inland transportation, insurance, and other local services required to convey the Goods to a place of destination as specified in the Bid Data Sheet;
         2. If manufactured outside the Procuring Agency’s Country and already imported at the time of Call-off Contract: the price of the Goods quoted EXW (ex-works, ex-factory, ex warehouse, ex showroom, or off-the-shelf, as applicable) including the price for inland transportation, insurance, and other local services required to convey the Goods to a place of destination as specified in the Bid Data Sheet, but excluding any custom duties and other import taxes on the Goods.
      2. For Goods manufactured outside the Procuring Agency’s Country, to be imported for supply under a Call-off Contract:
         1. the price of the Goods, quoted CIP named place of destination, in the Procuring Agency’s Country, as specified in the BDS;
      3. for Related Services, other than inland transportation and other services required to convey the Goods to their final destination, whenever such Related Services are specified in the Schedule of Requirements, the price of each item comprising the Related Services (inclusive of any applicable taxes).
   8. During the Call-off process, suppliers may be required to include the additional prices for inland transportation, insurance, and other incidental services required to convey the Goods to their final destination/s.

1. Currencies of Bid and Payment

1. 1. The currency(ies) of the Bid and the currency(ies) of payments shall be the same.  The Bidder shall quote in the currency of the Procuring Agency’s Country the portion of the Bid price that corresponds to expenditures incurred in the currency of the Procuring Agency’s Country, unless otherwise specified in the BDS.
   2. The Bidder may express the Bid price in any currency. If the Bidder wishes to be paid in a combination of amounts in different currencies, it may quote its price accordingly but shall use no more than three foreign currencies in addition to the currency of the Procuring Agency’s Country.

1. Documents Establishing the Eligibility and Conformity of Goods

1. 1. To establish the eligibility of the Goods and Related Services in accordance with ITB 5, Bidders shall complete the country of origin declarations in the Price Schedule Forms, included in Section IV, Bidding Forms.
   2. To establish the conformity of the Goods and Related Services to the Bidding document, the Bidder shall furnish as part of its Bid the documentary evidence that the Goods conform to the technical specifications and standards specified in Section VII, Schedule of Requirements.
   3. The documentary evidence may be in the form of literature, drawings or data, and shall consist of a detailed item by item description of the essential technical and performance characteristics of the Goods and Related Services, demonstrating substantial responsiveness of the Goods and Related Services to the technical specification, and if applicable, a statement of deviations and exceptions to the provisions of the Section VII, Schedule of Requirements.
   4. The Bidder shall also furnish a list giving full particulars, including available sources and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the Goods during the period specified in the BDS following acceptance of the Goods by the Purchaser (if a Call-off Contract is awarded to the Bidder as a FA Supplier).
   5. Standards for workmanship, process, material, and equipment, as well as references to brand names or catalogue numbers specified by the Procuring Agency in the Schedule of Requirements, are intended to be descriptive only and not restrictive. The Bidder may offer other standards of quality, brand names, and/or catalogue numbers, provided that it demonstrates, to the Procuring Agency’s satisfaction, that the substitutions ensure substantial equivalence or are superior to those specified in the Section VII, Schedule of Requirements.

1. Documents Establishing the Eligibility and Qualifications of the Bidder

1. 1. To establish Bidder’s eligibility in accordance with ITB 4, Bidders shall complete the Letter of Bid, included in Section IV, Bidding Forms.
   2. The documentary evidence of the Bidder’s qualifications to conclude a Framework Agreement, and/or to perform any Call-off Contract(s) if awarded, shall establish to the Procuring Agency’s satisfaction:
      1. that, if required in the BDS, a Bidder that does not manufacture or produce the Goods it offers to supply shall submit the Manufacturer’s Authorization using the form included in Section IV, Bidding Forms to demonstrate that it has been duly authorized by the manufacturer or producer of the Goods to supply these Goods in the Procuring Agency’s Country;
      2. that, if required in the BDS, in case of a Bidder not doing business within the Procuring Agency’s Country, the Bidder is, or will be, (if awarded the call off Contract) represented by an Agent in the country, equipped and able to carry out the Supplier’s maintenance, repair, and spare parts stocking obligations in respect of the Goods; and
      3. that the Bidder meets each of the qualification criterion specified in Section III, Evaluation and Qualification Criteria.

1. Period of Validity of Bids

1. 1. Bids shall remain valid until the date specified in the BDS or any extended date if amended by the Procuring Agency in accordance with ITB 8. A Bid that is not valid until the date specified in the BDS, or any extended date if amended by the Procuring Agency in accordance with ITB 8, shall be rejected by the Procuring Agency as nonresponsive.
   2. In exceptional circumstances, prior to the expiry of the Bid validity, the Procuring Agency may request Bidders to extend the period of validity of their Bids. The request and the responses shall be made in writing. A Bidder may refuse the request to extend the validity of their bids. A Bidder granting the request shall not be required or permitted to modify its Bid, except as provided in ITB 18.3.
   3. If the conclusion of a Framework Agreement is delayed by a period exceeding fifty-six (56) days beyond the expiry of the initial Bid validity period, the Framework Agreement Base Price shall be determined as follows:
      1. in the case of a fixed price Framework Agreement, the Base Price shall be the Bid price adjusted by the factor specified in the BDS;
      2. in the case of an adjustable price Framework Agreement, no adjustment shall be made;
      3. in any case, Bid evaluation shall be based on the Bid price without taking into consideration the applicable correction from those indicated above.

1. No Bid Security or Bid Securing Declaration

1. 1. Bid Security or Bid-Securing Declaration is not required for this Primary Procurement process.

1. Format and Signing of Bid

1. 1. The Bidder shall prepare the Bid, in accordance with ITB 11 and ITB 21.
   2. Bidders shall mark as “CONFIDENTIAL” information in their Bids which is confidential to their business. This may include proprietary information, trade secrets, or commercial or financially sensitive information.
   3. The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the Bid.  The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the Bid where entries or amendments have been made shall be signed or initialed by the person signing the Bid.
   4. In case the Bidder is a JV, the Bid shall be signed by an authorized representative of the JV on behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legally authorized representative(s).
   5. Any inter-lineation, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Bid.

1. Submission of Bids

1. Sealing and Marking of Bids

1. 1. The Bidder shall deliver the Bid in two separate, sealed envelopes (the Technical Part and the Financial Part). These two envelopes shall be enclosed in a sealed outer envelope marked “Original Bid”.
   2. In addition, the Bidder shall submit copies of the Bid in the number specified in the BDS. Copies of the Technical Part shall be placed in a separate sealed envelope marked “Copies: Technical Part”. Copies of the Financial Part shall be placed in a separate sealed envelope marked “Copies: Financial Part”. The Bidder shall place both of these envelopes in a separate, sealed outer envelope marked “Bid Copies”. In the event of any discrepancy between the original and the copies, the original shall prevail.
   3. The envelopes marked “Original Bid” and “Bid Copies” shall be enclosed in a separate sealed outer envelope for submission to the Procuring Agency.
   4. All inner and outer envelopes, shall:
      1. bear the name and address of the Bidder;
      2. be addressed to the Procuring Agency in accordance with ITB 22.1;
      3. bear the specific identification of this Bidding process indicated in ITB 1.1; and
      4. bear a warning not to open before the time and date for Bid opening.
   5. If all envelopes are not sealed and marked as required, the Procuring Agency will assume no responsibility for the misplacement or premature opening of the Bid.

1. Deadline for Submission of Bids

1. 1. Bids must be received by the Procuring Agency at the address and no later than the date and time specified in the BDS. When so specified in the BDS, Bidders shall have the option of submitting their Bids electronically. Bidders submitting Bids electronically shall follow the electronic Bid submission procedures specified in the BDS.
   2. The Procuring Agency may, at its discretion, extend the deadline for the submission of Bids by amending the Bidding document in accordance with ITB 8, in which case all rights and obligations of the Procuring Agency and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

1. Late Bids

1. 1. The Procuring Agency shall not consider any Bid that arrives after the deadline for submission of Bids, in accordance with ITB 22. Any Bid received by the Procuring Agency after the deadline for submission of Bids shall be declared late, rejected, and returned unopened to the Bidder.

1. Withdrawal, Substitution, and Modification of Bids

1. 1. A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a written notice, duly signed by an authorized representative, and shall include a copy of the authorization (the power of attorney) in accordance with ITB 20.3, (except that withdrawal notices do not require copies). The corresponding substitution or modification of the Bid must accompany the respective written notice. All notices must be:
2. prepared and submitted in accordance with ITB 20 and ITB 21 (except that withdrawal notices do not require copies), and in addition, the respective envelopes shall be clearly marked “Withdrawal,” “Substitution,” or “Modification;” and
3. received by the Procuring Agency prior to the deadline prescribed for submission of Bids, in accordance with ITB 22.
   1. Bids requested to be withdrawn in accordance with ITB 24.1 shall be returned unopened to the Bidders.
   2. No Bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of Bids and the expiration of the period of Bid validity specified by the Bidder on the Letter of Bid -Technical Part and repeated in the Letter of Bid - Financial Part, or any extension thereof.

1. Public Opening of Technical Parts of Bids

1. Public Opening of Technical Parts of Bids

1. 1. Except as in the cases specified in ITB 23 and ITB 24.2, the Procuring Agency shall, at this Bid opening, publicly open and read out, in accordance with this ITB, all Bids received by the deadline at the date, time and place specified in the BDS in the presence of Bidders’ designated representatives and anyone who chooses to attend. Any specific electronic Bid opening procedures required if electronic Bidding is permitted in accordance with ITB 22.1, shall be as specified in the BDS.
   2. First, the written notice of withdrawal in the envelopes marked “Withdrawal” shall be opened and read out and the envelope with the corresponding Bid shall not be opened, but returned to the Bidder. If the withdrawal envelope does not contain a copy of the “power of attorney” confirming the signature as a person duly authorized to sign on behalf of the Bidder, the corresponding Bid will be opened. 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.
   3. Next, envelopes marked “Substitution” 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.
   4. Next, envelopes marked “Modification” shall be opened and read out with the corresponding Bid. No Bid modification shall be permitted unless the corresponding 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.
   5. Next, all other envelopes marked “Technical Part” shall be opened one at a time. All envelopes marked “Financial Part” shall remain sealed, and kept by the Procuring Agency in safe custody until they are opened, at a later public opening, following the evaluation of the Technical Part of the Bids. On opening the envelopes marked “Technical Part” the Procuring Agency shall read out: the name of the Bidder and whether there is a modification; and any other details as the Procuring Agency may consider appropriate.
   6. Only Technical Parts of  Bids that are read out at Bid opening shall be considered further in the evaluation. The Letter of Bid – Technical Part and the separate sealed envelope marked “Financial Part” are to be initialed by representatives of the Procuring Agency attending Bid opening in the manner specified in the BDS.
   7. At the Bid opening, the Procuring Agency shall neither discuss the merits of any Bid nor reject any Bid (except for late Bids, in accordance with ITB 23.1).
   8. Following the opening of the Technical Parts of the Bid the Procuring Agency shall prepare a record that shall include, as a minimum:
      1. the name of the Bidder and whether there is a withdrawal, substitution, or modification; and
      2. the presence or absence of a duly sealed envelope marked “Financial Part”.
   9. The Bidders’ representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders.

1. Evaluation of Bids – General Provisions

1. Confidentiality

1. 1. Information relating to the evaluation of the Technical Part shall not be disclosed to Bidders or any other persons not officially concerned with the Bidding process until the notification of evaluation of the Technical Part in accordance with ITB 31. Information relating to the evaluation of Financial Part, the evaluation of combined Technical Part and Financial Part shall not be disclosed to Bidders or any other persons not officially concerned with the RFB process until the Notification of Intention to conclude a Framework Agreement is transmitted to Bidders in accordance with ITB 39.
   2. Any effort by a Bidder to influence the Procuring Agency in the evaluation or decision to conclude a Framework Agreement(s) may result in the rejection of its Bid.
   3. Notwithstanding ITB 26.2, from the time of Bid opening to the time of the Framework Agreement being concluded, if any Bidder wishes to contact the Procuring Agency on any matter related to the Bidding process, it should do so in writing.

1. Clarification of Bids

1. 1. To assist in the examination, evaluation, comparison of Bids, and qualification of Bidders, the Procuring Agency may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder in respect to its Bid and that is not in response to a request by the Procuring Agency shall not be considered. The Procuring Agency’s request for clarification and the response shall be in writing. No change, including any voluntary increase or decrease, in the prices or substance of the Bid shall be sought, offered, or permitted.
   2. If a Bidder does not provide clarifications of its Bid by the date and time set in the Procuring Agency’s request for clarification, its Bid may be rejected.

1. Deviations, Reservations, and Omissions

1. 1. During the evaluation of Bids, the following definitions apply:
2. “Deviation” is a departure from the requirements specified in the Bidding document;
3. “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding document; and
4. “Omission” is the failure to submit part or all of the information or documentation required in the Bidding document.

1. Nonconformities, Errors and Omissions

1. 1. Provided that a Bid is substantially responsive, the Procuring Agency may waive any nonconformities in the Bid.
   2. Provided that a Bid is substantially responsive, the Procuring Agency may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Bid related to documentation requirements.  Such omission shall not be related to any aspect of the price of the Bid.  Failure of the Bidder to comply with the request may result in the rejection of its Bid.

1. Evaluation of Technical Parts of Bids

1. Evaluation of Technical Parts

1. 1. In evaluating the Technical Parts of each Bid, the Procuring Agency shall use the criteria and methodologies listed in this ITB 30 and the BDS, if applicable, and Section III, Evaluation and Qualification Criteria. No other evaluation criteria or methodologies shall be permitted.
   2. The Procuring Agency’s determination of a Bid’s responsiveness is to be based on the contents of the Bid itself, as defined in ITB 11.
   3. A substantially responsive Bid is one that meets the requirements of the bidding document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that:
      1. if accepted, would:
         1. affect in any substantial way the scope, quality, or performance of the specified Goods and Related Services; or
         2. limit in any substantial way, inconsistent with the bidding document, the Procuring Agency’s rights or the Bidder’s obligations; or
      2. if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive Bids.
   4. The Procuring Agency shall examine the technical aspects of the Bid submitted in accordance with ITB 16 and ITB 17, in particular, to confirm that all requirements of Section VII, Schedule of Requirements have been met without any material deviation or reservation, or omission.
   5. If a Bid is not substantially responsive to the requirements of bidding document, it shall be rejected by the Procuring Agency and may not subsequently be made responsive by correction of the material deviation, reservation, or omission.
   6. the Procuring Agency shall determine, to its satisfaction, whether the eligible Bidder(s) with substantially responsive Bid(s) that are able to meet the Framework Agreement criteria, meet(s) the qualifying criteria specified in Section III, Evaluation and Qualification Criteria.
   7. The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB 17. The determination shall not take into consideration the qualifications of other firms such as the Bidder’s subsidiaries, parent entities, affiliates, subcontractors (other than specialized subcontractors if permitted in the bidding document), or any other firm different from the Bidder.
   8. Prior to conclusion of the Framework Agreement, the Procuring Agency will verify that the successful Bidder (including each member of a JV) is not disqualified by the Bank due to noncompliance with contractual SEA/SH prevention and response obligations. The Procuring Agency will conduct the same verification for each subcontractor proposed by the successful Bidder. If any proposed subcontractor does not meet the requirement, the Procuring Agency will require the Bidder to propose a replacement subcontractor.
   9. Only substantially responsive bids submitted by eligible and qualified bidders shall proceed to the detailed technical evaluation to assess adequacy of the Technical Part followed by evaluation applying technical factors/subfactors and corresponding scores and weightings as specified in the BDS.

1. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts of Bids

1. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts

1. 1. Following the completion of the evaluation of the Technical Parts of the Bids, and the Bank has issued its no objection (if applicable), the Procuring Agency shall notify in writing those Bidders who have failed to meet the Qualification Criteria and/or whose Bids were considered non-responsive to the requirements in the bidding document, advising them of the following information:
      1. the grounds on which their Technical Part of Bid failed to meet the requirements of the bidding document;
      2. their envelope marked “Financial Part” will be returned to them unopened after the completion of the bid evaluation process and the signing of the Framework Agreement;
      3. notify them of the date, time and location of the public opening of the envelopes marked ‘Financial Part”.
   2. The Procuring Agency shall, simultaneously, notify in writing those Bidders whose Technical Parts have been evaluated as substantially responsive to the bidding document and met the Qualification Criteria, advising them of the following information:
      1. their Bid has been evaluated as substantially responsive to the bidding document and met the Qualification Criteria; and
      2. their envelope marked “Financial Part” will be opened at the public opening of Financial Parts;
      3. notify them of the date, time and location of the public opening of the envelopes marked “Financial Part”.
   3. The opening date shall be not less than ten (10) Business Days from the date of notification of the results of the technical evaluation, specified in ITB 31.1 and 31.2. However, if the Procuring Agency receives a complaint on the results of the technical evaluation within the ten (10) Business Days, the opening date shall be subject to ITB 47.1. The Financial Part of the Bid shall be opened publicly in the presence of Bidders’ designated representatives and anyone who chooses to attend.
   4. At this public opening the Financial Parts will be opened by the Procuring Agency in the presence of Bidders, or their designated representatives and anyone else who chooses to attend. Bidders who met the Qualification Criteria and whose Bids were evaluated as substantially responsive will have their envelopes marked “Financial Part” opened at the second public opening. Each of these envelopes marked “Financial Part” shall be inspected to confirm that they have remained sealed and unopened. These envelopes shall then be opened by the Procuring Agency. The Procuring Agency shall read out the names of each Bidder, the technical score and the Bid prices,  including any discounts, and any other details as the Procuring Agency may consider appropriate.
   5. Only envelopes of Financial Part of Bids, and discounts that are opened and read out at Bid opening shall be considered further for evaluation. The Letter of Bid - Financial Part and the Price Schedules are to be initialed by a representative of the Procuring Agency attending the Bid opening in the manner specified in the BDS.
   6. The Procuring Agency shall neither discuss the merits of any Bid nor reject any envelopes marked “Financial Part”.
   7. The Procuring Agency shall prepare a record of the Financial Part of the Bid opening that shall include, as a minimum:

(a)    the name of the Bidder whose Financial Part was opened; and

(b)    the Bid price, per item, including any discounts,

1. 1. The Bidders whose envelopes marked ‘Financial Part” have been opened or their representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders.

1. Evaluation of Financial Parts of Bids

1. Evaluation of Financial Parts

1. 1. Provided that a Bid is substantially responsive, the Procuring Agency shall rectify quantifiable nonmaterial nonconformities related to the Bid Price.  To this effect, the Bid Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or component, by adding the average price of the item or component quoted by substantially responsive Bidders. If the price of the item or component cannot be derived from the price of other substantially responsive Bids, the Procuring Agency shall use its best estimate.
   2. To evaluate the Financial Part of each Bid, the Procuring Agency shall consider the following:
      1. evaluation will be done item-wise as quoted in accordance with ITB 14;
      2. price adjustment for correction of arithmetic errors in accordance with ITB 33.1;
      3. price adjustment due to unconditional discounts offered in accordance with ITB 14.4;
      4. converting the amount resulting from applying (a) to (c) above, if relevant, to a single currency in accordance with ITB 34.1;
      5. price adjustment due to quantifiable nonmaterial nonconformities in accordance with ITB 32.1; and;
      6. the additional evaluation factors are specified in Section III, Evaluation and Qualification Criteria.
   3. If applicable, the estimated effect of price adjustment provisions in the Framework Agreement(s), applied over the Term of the Framework Agreement, shall not be taken into account in the Primary Procurement Bid evaluation.
   4. The Procuring Agency’s evaluation of a Bid will exclude and not take into account:
      1. in the case of Goods manufactured in the Procuring Agency’s Country, sales and other similar taxes, which will be payable on the Goods if a Call-off Contract is awarded to the Bidder;
      2. in the case of Goods manufactured outside the Procuring Agency’s Country, already imported or to be imported, customs duties and other import taxes levied on the imported Goods sales and other similar taxes, which will be payable on the Goods if the Call-off Contract is awarded to the Bidder;
      3. if applicable, any allowance for price adjustment during the period of execution of the Call-off Contract, if provided in Section B: Framework Agreement Specific Provisions.
   5. The Procuring Agency’s evaluation of a Bid may require the consideration of other factors, in addition to the Bid Price quoted in accordance with ITB 14. These factors may be related to the characteristics, performance, and terms and conditions of purchase of the Goods and Related Services or geographic location. The effect of the factors selected, if any, shall be expressed in monetary terms to facilitate comparison of Bids, unless otherwise specified in the BDS from amongst those set out in Section III, Evaluation and Qualification Criteria. The criteria and methodologies to be used shall be as specified in ITB 32.2(f).

1. Correction of Arithmetical Errors

1. 1. In evaluating the Financial Part of each Bid, the Procuring Agency shall correct arithmetical errors on the following basis:
      1. if there is a discrepancy between the unit prices in the Price Schedule Summary and the individual Price Schedules, the unit prices in the latter shall prevail; and
      2.  if there is a discrepancy between amounts in words and figures, the amounts in words shall prevail, unless the amount expressed in words is related to an error, in which case the amount in figures shall prevail subject to (a) above.
   2. Bidders shall be requested to accept correction of arithmetical errors. Failure to accept the correction in accordance with ITB 33.1, shall result in the rejection of the Bid.

1. Conversion to Single Currency

1. 1. For evaluation and comparison purposes, the currency(ies) of the Bid shall be converted in a single currency as specified in the BDS.

1. No Margin of Preference

1. 1. No margin of preference shall apply in the Primary Procurement process and in any Secondary Procurement processes.

1. Comparison of Financial Parts

1. 1. The Procuring Agency will compare the evaluated costs of the Bids to determine the Bid/s with lowest evaluated cost/s. The comparison shall be on the basis of unit rates quoted in accordance with ITB 14, plus any required Related Services, as bid in accordance with ITB 14. The evaluation of prices shall not take into account custom duties and other taxes levied on imported Goods and sales and similar taxes levied in connection with the sale or delivery of Goods.

1. Evaluation of Combined Technical and Financial Parts and Notification of Intention to Conclude A Framework Agreement

1. Evaluation of combined Technical and Financial Parts, Procuring Agency’s Right to Accept or Reject Bids

1. 1. The Procuring Agency’s evaluation of responsive Bids will take into account technical factors, in addition to cost factors in accordance with Section III Evaluation and Qualification Criteria. The weight to be assigned for the Technical factors and cost is  specified in the BDS. The Procuring Agency will rank the Bids based on the evaluated Bid score (B).
   2. The Procuring Agency will determine the Most Advantageous Bid. The Most Advantageous Bid is the Bid of the Bidder that meets the Qualification Criteria and whose Bid has been determined to be substantially responsive to the Bidding document and is the Bid with the highest combined technical and financial score.
   3. The Procuring Agency reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids at any time prior to the conclusion of a Framework Agreement(s), without thereby incurring any liability to Bidders. In case of annulment, all Bids submitted shall be promptly returned to the Bidders.

1. Standstill Period

1. 1. The Framework Agreement(s) shall not be concluded earlier than the expiry of the Standstill Period. The Standstill Period shall be ten (10) Business Days unless extended in accordance with ITB 44. The Standstill Period commences the day after the date the Procuring Agency has transmitted to each Bidder the Notification of Intention to Conclude a Framework Agreement. Where only one Bid is submitted, or if this Primary Procurement process is in response to an emergency situation recognized by the Bank, the Standstill Period shall not apply.

1. Notification of Intention to Conclude a Framework Agreement

1. 1. The Procuring Agency shall send to each Bidder (that has not already been notified that it has been unsuccessful), the Notification of Intention to Conclude a Framework Agreement(s) with the successful Bidder(s). The Notification(s) of Intention to Conclude shall contain, at a minimum, the following information:
2. the name and address of the Bidder(s) submitting the successful Bid(s);
3. the price(s) of the successful Bid(s), or pricing mechanism(s);
4. the names of all Bidders who submitted Bids, and their Bid prices, or pricing mechanism(s), as readout, and as evaluated and technical scores;
5. a statement of the reason(s) the Bid (of the unsuccessful Bidder to whom the Notification on Intention to Conclude a Framework Agreement(s) is addressed) was unsuccessful;
6. the expiry date of the Standstill Period;
7. instructions on how to request a debriefing and/or submit a complaint during the standstill period.

1. Conclusion of a Framework Agreement

1. Framework Agreement Criteria

1. 1. This is a Closed Framework Agreement.
   2. The Procuring Agency shall specify in the BDS and/or Section III Evaluation and Qualification Criteria, the criteria that will apply in the selection of Bidder(s), with whom a Framework Agreement(s) may be concluded.

1. Notification to Conclude a Framework Agreement

1. 1. Prior to the date of expiry of the Bid validity and upon expiry of the Standstill Period, specified in ITB 38.1 or any extension thereof, and upon satisfactorily addressing a complaint that has been submitted within the Standstill Period, the Procuring Agency shall transmit to the successful Bidder(s) a Notification to Conclude a Framework Agreement, attaching the Framework Agreement for signature by the Bidder(s), and a request to submit the completed Beneficial Ownership Disclosure Form within eight (8) Business Days of receiving the request.

1. No Obligation to Purchase

1. 1. The conclusion of a Framework Agreement shall not impose any obligation on the Procuring Agency and/or Purchaser(s) to purchase any Goods under the Framework Agreement.

1. Non-exclusivity

1. 1. This Primary Procurement process is non-exclusive, and the Procuring Agency reserves the right to procure the Goods from other suppliers who are not FA Suppliers.

1. Debriefing by the Procuring Agency

1. 1. On receipt of the Procuring Agency’s Notification of Intention to Conclude a Framework Agreement(s), referred to in ITB 39.1, an unsuccessful Bidder has three (3) Business Days to make a written request to the Procuring Agency for a debriefing. The Procuring Agency shall provide a debriefing to all unsuccessful Bidders whose request is received within this deadline.
   2. Where a request for debriefing is received within the deadline, the Procuring Agency shall provide a debriefing within five (5) Business Days, unless the Procuring Agency decides, for justifiable reasons, to provide the debriefing outside this timeframe. In that case, the standstill period shall automatically be extended until five (5) Business Days after such debriefing is provided. If more than one debriefing is so delayed, the standstill period shall not end earlier than five (5) Business Days after the last debriefing takes place. The Procuring Agency shall promptly inform, by the quickest means available, all Bidders of the extended standstill period.
   3. Where a request for debriefing is received by the Procuring Agency later than the three (3)-Business Day deadline, the Procuring Agency should provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of the Conclusion of Framework Agreement Notice. Requests for debriefing received outside the three (3) day deadline shall not lead to extension of the standstill period. 
   4. Debriefings of unsuccessful Bidders may be done in writing or verbally (over the phone or video conference) or in person. The Bidders shall bear their own costs of attending such a debriefing meeting.

1. Signing the Framework Agreement

1. 1. Unless an earlier deadline is stipulated in the BDS, the Bidder shall sign, date and return the Framework Agreement within twenty-eight (28) days of receipt of the same.
   2. In case of Multi-User Framework Agreement, the Procuring Agency shall sign each Framework Agreement on behalf of all participating Purchasers.

1. Publication of the Conclusion of Framework Agreement Notice

1. 1. Within ten (10) Business Days of transmission to the successful Bidder(s) of the Notification(s) to Conclude a Framework Agreement(s), as per ITB 41.1, the Procuring Agency shall publish the Conclusion of Framework Agreement Notice which shall contain, at a minimum, the following information:
2. name and address of the Procuring Agency, and if applicable, all participating Purchasers;
3. name and reference number of the Framework Agreement being concluded, and the selection method used;
4. names of all Bidders that submitted Bids, and their Bid prices, or pricing mechanisms, as read out at Bid opening, and as evaluated;
5. names of all Bidders whose Bids were rejected, or were not evaluated, with the reasons therefor;
6. the name(s) of the successful Bidder(s), the duration of Framework Agreement(s), and a summary of its scope; and
7. successful Bidder’s (Bidders’) Beneficial Ownership Disclosure Form.
   1. The Conclusion of Framework Agreement Notice shall be published on the Procuring Agency’s website with free access if available, or in at least one newspaper of national circulation in the Procuring Agency’s Country, or in the official gazette.

1. Procurement Related Complaint

1. 1. The procedures for making a Procurement-related Complaint are as specified in the BDS.

1. Secondary Procurement Process for awarding a Call-off Contract

1. Method and criteria for award of Call-off Contract

1. 1. The Secondary Procurement method that shall apply in selecting FA supplier and awarding a Call-off Contract is specified in the Framework Agreement (Framework Agreement, Schedule 3, Secondary Procurement). To be entitled to participate in a Secondary Procurement, and awarded a Call-off Contract, FA Suppliers must continue to be qualified and eligible, and the Goods must continue to be eligible, as per the criteria stipulated in this RFB. The Purchaser may require, at the Secondary Procurement stage and award of Call-off Contract, evidence of continued qualification and eligibility.

1. Adjustment to the Base Price

1. 1. The Call-off Contract Price at the Secondary Procurement stage shall not be subject to price adjustment unless specified in the Framework Agreement.

1. General

ITB 1.1 and 1.2 (p)

The Procuring Agency is: Eswatini Electricity Company

The Procuring Agency is the agency that will conclude, administer and manage the Framework Agreement, and be the sole Purchaser under the Framework Agreement.”

The reference number of the Request for Bids (RFB) is: SZ-ECC-575165-GO-RFB

The name of the RFB is: Supply and Delivery of Distribution Transformers, Electricity Meters and Ready Boards.

ITB 1.2 (a)

Electronic –Procurement System- N/A

ITB 1.2 (l) or (t)

This Primary Procurement will conclude a Single-User Framework Agreement.

ITB 1.2 (p)

Purchasers

The Purchaser(s) that are permitted to purchase under the Framework Agreement is:

Eswatini Electricity Company

Eluvatsini House, Mhlambanyatsi Road,

Mbabane

ITB 1.2 (m) or (u)

Multi-Supplier Framework Agreement

This Primary Procurement intends to conclude a Multi-Supplier Framework Agreement.

Framework Agreement panel – minimum number (3)

The Procuring Agency intends to conclude a Framework Agreements with a minimum number of Bidders for each range of Call-off quantities.

The minimum number (referred to as x) is Three (3).

Framework Agreement panel – maximum number (5)

The Purchasing Agency, will conclude Framework Agreements for each range of Call-off quantities up to a maximum number of five (5) qualified bidders with substantially responsive bids.

The maximum number (referred to as y) of Bidders that the Procuring Agency may conclude Framework Agreements with is five (5).

1.2 (w)

Term of Framework Agreement

The Framework Agreement shall be for a Term of  three (3) years from the commencement date stated in the Framework Agreement.  The initial term may be extended by a maximum of two (2) additional years.

ITB 2.1

The Borrower is: The Government of the Kingdom of Eswatini (GoKe) and Eswatini Electricity Company is the implementing Agency.

Loan or Financing Agreement amount: US$ 90 Million

The name of the Project is: Accelerating Sustainable and Clean Energy Access Transformation in Eswatini (ASCENT Eswatini).

ITB 4.1

The maximum number of members in a Joint Venture (JV) shall be: Two (2).

ITB 4.5

A list of debarred firms and individuals is available on the Bank’s external website: http://www.worldbank.org/debarr.

1. Contents of the RFB Document

ITB 7.1

For clarification of Bid purposes only, the Procuring Agency’s address is:

Attention: Mr Bongani Chauke

Address: Eluvatsini House, Mhlambanyatsi Road

Floor/ Room number: Reception

City: Mbabane

Country: Kingdom of Eswatini

Telephone: +268 2409 4165

Email address: bongani.chauke@eec.co.sz copied thobeka.gama@eec.co.sz

Requests for clarification should be received by the Procuring Agency no later than: 21 December 2026.

Web page: www.eec.co.sz and www.esppra.co.sz

1. Preparation of Bids

ITB 10.1

The language of the Bid is English.

“In addition, the RFB document is translated into the English language.

All correspondence shall be in English.

The language for translation of supporting documents and printed literature is English.

ITB 11.1 (h)

The Bidder shall submit the following additional documents in its Bid:

1. 1. Certified copy of valid Trading license for supply of material for local bidders or equivalent for foreign bidders
   2. Certificate of incorporation/or equivalent for foreign bidders
   3. Certified copy of an official statement of the Directors and alternative directors (i.e. Form ‘J’) or owner/s in the case of unincorporated persons, or equivalent for foreign bidders
   4. Certified copy of an official statement of the annual summary of share capital and shares (i.e. Form ‘C’ or equivalent) for incorporated persons, or equivalent for foreign bidders
   5. Original and valid Tax Compliance Certificate or equivalent for foreign bidders
   6. Certified copy of Labour compliance certificate or equivalent for foreign bidders
   7. Certified copy of ENPF compliance certificate or Social Security Compliance Certificate for foreign bidders.
   8. Power of Attorney or Resolution

ITB 14.3

Multi- Supplier FA

The price to be quoted in the Letter of Bid in accordance with ITB 12.1 shall be the unit bid prices against the range of Call-off quantities, as specified in the Schedule of Prices.

ITB 14.6

The Incoterms edition that will apply to Framework Agreement Call-off Contracts is: CIP-Incoterm 2020

ITB 14.7

Unit Prices in the Price Schedules shall be quoted against indicative range for individual call-off quantities.

14.7 a(i), (ii)

Place of destination: Matsapha Central Services Organization - EEC Main Stores, Matsapha.

ITB 14.7 (b)(i)

Named place(s) of destination, as per Incoterms used, is Matsapha Central Services Organization (CSO) – EEC Main Stores, Matsapha.

ITB 15.1

The Bidder is required to quote in the currency of the Procuring Agency’s Country the portion of the Bid price that corresponds to expenditures incurred in that currency.

ITB 16.4

Period of time the Goods are expected to be functioning (for the purpose of spare parts): minimum three (3) years following acceptance of the Goods by the Purchaser under a Call-off Contract.

ITB 17.2 (a)

Manufacturer’s authorization is required.

ITB 17.2 (b)

After sales service is required.

ITB 18.1

The Bid shall be valid until 29 March 2027.

ITB 18.3(a)

Where the Bid validity period is extended beyond the original bid validity period plus 56 days, the Bid price shall be adjusted (to determine the FA Base price) by the following factor(s):

(1) The local currency portion of the FA Base Price shall be adjusted by a factor reflecting local inflation during the period of extension, and

(2) the foreign currency portion of the FA Base Price shall be adjusted by a factor reflecting the international inflation (in the country of the foreign currency) during the period of extension applying Producer Price Index

ITB 20.3

The written confirmation of authorization to sign on behalf of the Bidder shall consist of:

1. A copy of a Power of Attorney or a recorded Resolution taken by the Board of Directors, members, partners or trustees authorizing the representative to submit this bid on the bidder’s behalf must be attached to the Bid Document on submission of same.
2.  A bid shall be eligible for consideration only if it bears the signature of the bidder or of some person duly and lawfully authorized to sign it for and on behalf of the bidder.
3. If such a copy of the Power of Attorney or Resolution does not accompany the bid document of the successful bidder, EEC reserves the right to obtain such document after the closing date to verify that the signatory is in order. If no such document can be obtained within a period as specified by EEC, the bid will be disqualified.

1. Submission of Bids

ITB 21.2

In addition to the original of the Bid, the number of copies to be delivered to the Procuring Agency is three (3) copies, and one (1) electronic copy on a flash drive.

ITB 22.1

For Bid submission purposes only, the Procuring Agency’s address is:

Eswatini Electricity Company

Attention: Mr. Bongani Chauke

Street Address: Eluvatsini House, Mhlambanyatsi Road

Floor/ Room number: Reception, Cubicle 1

City: Mbabane                      

Country: Kingdom of Eswatini       

The deadline for Bid submission is:

Date: 30 December 2026

Time:11.00AM

Bidders shall not have the option of submitting their Bids electronically.

1. Public Opening of Technical Parts of Bids

ITB 25.1

The Bid opening shall take place at:

EEC Head Office

Street Address: Eluvatsini House, Mhlambanyatsi Road

Floor/ Room number: Reception, Cubicle 1            

City: Mbabane

Country: Kingdom of Eswatini

Date: 30 December 2026

Time: 11.15AM

The electronic Bid opening procedures shall be: N/A

ITB 25.6

The Letter of Bid - Technical Part and the sealed envelope marked “Second Envelope - Financial Part” shall be initialed by three (3) representatives of the Procuring Agency conducting Bid opening.

  G. Evaluation of Technical Parts of Bids

ITB 30.9

The weighting to be given for Rated Criteria (including technical and non-price factors) is: 20 %

The technical factors (and sub factors if any), which for purposes of this document carry the same meaning as Rated Criteria, and the corresponding scores out of 100% are:

1. 30/100 * 20 = 6             

2. 15/100 * 20 = 3

3. 25/100 * 20 =5

4. 15/100 *20 = 3

5. 15/100 * 20 = 3

1. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts of Bids

ITB 31.5

The Letter of Bid – Financial Part and the Price Schedules shall be initialed by three (3) representatives of the Procuring Agency conducting Bid opening.   

1. Evaluation of Financial Part of Bids

ITB 32.2

The consideration of other factors during the evaluation, in addition to the Bid Price quoted, include the factors set out below as more fully described in Section III, Evaluation and Qualification Criteria:

1. Life cycle costs: the costs during the life of the Goods or equipment No.
2. The performance and productivity of the equipment offered; No

ITB 34.1

The currency that shall be used for Bid evaluation and comparison purposes to convert, at the selling exchange rate, all Bid prices expressed in various currencies into a single currency is Lilangeni.

The source of exchange rate shall be The Central Bank of Eswatini.

The date for the exchange rate shall be 30 December 2026.

1. Evaluation of Combined Technical and Financial Parts and Notification of Intention to Conclude A Framework Agreement

ITB 37.1

The weight to be given for cost is: 80%

1. Conclusion of a Framework Agreement

ITB 45

Signing the Framework Agreement

The Bidder shall sign, date and return the Framework Agreement within Twenty- Eight (28) days of receipt of the same.

ITB 47

The procedures for making a Procurement-related Complaint are detailed in Annex III of the Procurement Regulations for IPF Borrowers. If a Bidder wishes to make a Procurement-related Complaint, the Bidder shall submit its complaint in writing (by the quickest means available, that is either by email or fax), to:

For the attention: Mr Mphumuzi Maziya

Title/position: Managing Director

Procuring Agency: Eswatini Electricity Company

Email address: mphumuzi.maziya@eec.co.sz copied bongani.chauke@eec.co.sz

A copy of the complaint can be sent for the Bank’s information and monitoring to: pprocurementcomplaints@worldbank.org

In summary, a Procurement-related Complaint may challenge any of the following:

1. the Procuring Agency’s Bidding Documents; and
2. the Procuring Agency’s decision to exclude a Bidder from the procurement process prior to the decision to conclude a Framework Agreement(s).
3. the Procuring Agency’s decision to conclude a Framework Agreement(s).

Category

                                                                            Description

Minimum annual turnover, in US$

Cashflow requirement, in US$

1.

Transformers

1,000,000

100,000

2.

Minisubs

2,000,000

200,000

3.

Ring Main Units

2,000,000

200,000

4.

Meters, Metering Equipment and Ready Boards

2,000.000

200,000

Description

Marks

Proposed goods and equipment quality exceeding the minimum specifications and track record of durability

Proposed goods and equipment quality exceeding the minimum specifications and track record of Durability – 10 pts

The proposed materials/equipment quality indicators are significantly exceeding the specified minimums and benefit the purpose or functionality of the supply – 15 pts

The proposed materials/equipment are from reputable and industry tested sources and are reliable and durable – 5 pts

(Scoring based on proportion of the total number of items proposed)

30

Proposed Supply Chain Risk Management

Supply chain risk nodes are identified and alternative solutions are analysed and practically considered – 10 pts

Multiple and reliable sources of supply or manufacturers are availed and reputable deleraship established – 5 pts

       15

Delivery Capacity, experience & Lead Times

The bidder’s capability in terms of financial strength, technical expertise availablity, prior similar contracts’ successful  delivery experiences and track record is significantly exceeding the minimum qualification criteria set in this bidding document – 15 pts

The bidder’s proposed delivery plans, logistical arrangemnets and proposed shortest lead-time for delivery – 10 pts

25

Sustainability and risk management capacity and availability or arrangements for after sales services

The proposed materials/equipment benefit sustainability from social, environmental and economic point of view while compatible with the existing EEC systems and will have minimal operational and disposal costs – 10 pts

Availability or arrangements for after sales services – 5 pts

15

Local labor Job creation potential in terms of  Participation or association with local business community, subcontracting, training and knowledge transfer facilitation:

The supplier’s proposed local business involvement benefits local employment creation - 10 pts

Local labour cost proportion exceeding 30% of the labor component of the contract – 5 pts

15

where

C     =    Evaluated Bid Price

C low =    the lowest of all Evaluated Bid Prices among responsive Bids

T      =    the total Technical Score awarded to the Bid

Thigh =    the Technical Score achieved by the Bid that was scored best among all responsive Bids

X     =    weight for the Cost as specified in the BDS

The Bid with the best evaluated Bid Score (B) among responsive Bids shall be the Most Advantageous Bid provided that the Bidder possesses the required qualifications.

Section IV - Bid Forms

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENT

The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address.

Note: All italicized text is to help Bidders in preparing this form.

Technical.
Requirement
No. _ 

Technical Requirement:

[ insert:  description of requirement ]

Bidder’s technical bid/ compliance: 

Bidder’s cross references to supporting information in the Technical Bid:

Required Functional Guarantee

Value of Functional Guarantee of the Goods

1.

2.

3.

…

1. Bidder’s Name [insert Bidder’s legal name]

2. In case of JV, legal name of each member: [insert legal name of each member in JV]

3. Bidder’s actual or intended country of registration: [insert actual or intended country of registration]

4. Bidder’s year of registration: [insert Bidder’s year of registration]

5. Bidder’s Address in country of registration: [insert Bidder’s legal address in country of registration]

6. Bidder’s Authorized Representative Information

   Name: [insert Authorized Representative’s name]

   Address: [insert Authorized Representative’s Address]

   Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]

   Email Address: [insert Authorized Representative’s email address]

7. Attached are copies of original documents of [check the box(es) of the attached original documents]

¨  Articles of Incorporation (or equivalent documents of constitution or association), and/or documents of registration of the legal entity named above, in accordance with ITB 4.4.

¨    In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.

¨  In case of state-owned enterprise or institution, in accordance with ITB 4.6 documents establishing:

• Legal and financial autonomy
• Operation under commercial law
• Establishing that the Bidder is not under the supervision of the Procuring Agency or Purchaser

8.   Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. The successful Bidder (s) shall provide additional information on beneficial ownership, using the Beneficial Ownership Disclosure Form.

1.   Bidder’s Name: [insert Bidder’s legal name]

2.   Bidder’s JV Member’s name: [insert JV’s Member legal name]

3.   Bidder’s JV Member’s country of registration: [insert JV’s Member country of registration]

4.   Bidder’s JV Member’s year of registration: [insert JV’s Member year of registration]

5.   Bidder’s JV Member’s legal address in country of registration: [insert JV’s Member legal address in country of registration]

6.   Bidder’s JV Member’s authorized representative information

Name: [insert name of JV’s Member authorized representative]

Address: [insert address of JV’s Member authorized representative]

Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Member authorized representative]

Email Address: [insert email address of JV’s Member authorized representative]

7.  Attached are copies of original documents of [check the box(es) of the attached original documents]

¨  Articles of Incorporation (or equivalent documents of constitution or association), and/or registration documents of the legal entity named above, in accordance with ITB 4.4.

¨ In case of a state-owned enterprise or institution, documents establishing legal and financial autonomy, operation in accordance with commercial law, and that they are not under the supervision of the Procuring Agency or Purchaser, in accordance with ITB 4.6.

8.   Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. The successful Bidder (s) shall provide additional information on beneficial ownership, using the Beneficial Ownership Disclosure Form.

SEA and/or SH Declaration

in accordance with Section III, Qualification Criteria, and Requirements

We:

¨  (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations

¨  (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations

¨  (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations, and were removed from the disqualification list. An arbitral award on the disqualification case has been made in our favor. 

[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues underlying the disqualification.]

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENT

The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address.

Note: All italicized text is to help Bidders in preparing this form.

Name of Recipient

Address

Reason

Amount

  Date: _________________________

RFB No: _____________________

Page N° ______ of ______

1

2

3

4

5

6

Line

Item

N°

Description of Goods

Country of Origin

Indicative Delivery Period as defined by Incoterms

Indicative Quantity and physical unit per individual Call-off

Unit price

cip [insert named place of destination], in accordance with ITB 14.7 (b)

Minimum

Maximum

[insert number of the item]

[insert name of Goods]

[insert country of origin of

the Goods]

[insert Delivery Period]

[insert number of units to be supplied and name of the physical unit]

[insert number of units to be supplied and name of the physical unit

[insert price per unit]

Name of Bidder  [insert complete name of Bidder]

Signature [signature of person authorized to sign the Bid]

Date [insert date]  

Date: _________________________

RFB No: _____________________

Page N° ______ of ______

1

2

3

4

5

6

Line Item No.

Description of Goods

Country of Origin (for already imported Goods)

Indicative

Delivery Period as defined by Incoterms

Indicative Quantity and physical unit per individual Call-off

Unit price EXW (plus prices to deliver to place of destination, if required), in accordance with ITB 14.7 a (i) or (ii)

Minimum

Maximum

[insert number of the item]

[insert name of Goods]

[insert Delivery Period]

[insert number of units to be supplied and name of the physical unit]

[insert number of units to be supplied and name of the physical unit]

 [insert price per unit]]

Name of Bidder  [insert complete name of Bidder]

Signature [signature of person authorized to sign the Bid]

Date [insert date]

Date: _________________________

RFB  No: _____________________

Page N° ______ of ______

1

2

3

4

5

6

Line

Item

N°

Description of Goods

Country of Origin

Indicative Delivery Period as defined by Incoterms

Estimated Quantity over FA period and physical unit

Unit price

cip [insert named place of destination], in accordance with ITB 14.7 (b)

1.

Transformer, 16kVA, 11kV/231V

• Single Phase
• Ceramic/Cycloaliphatic Open Type Bushings With 31mm/kV Creepage
• Continuous kVA Rating: 16kVA
• Voltage Rating: 11kV / 240V
• Taps: 0%, 3%, 6% (Boost)    
• BIL: 95kV
• No Loss: 49W & Load Loss: 320W
• For single pole mounting with skid under-base
• Lifting Lugs
• Cooling: ONAN
• Insulation Fluid: Mineral Oil, PCB Free
• Tank Material: Mild Steel
• Coating: C12 avocado green/ G35 navy light grey for non-corrosive environments
• Windings Material: copper/Aluminium

Winding Insulation Material: Resin and Paper

900

2.

                    Transformer, 50kVA, 11kV/415V

• Vector group: Dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 50kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6%   
• BIL:
• No load loss: 110W & full load loss: 880W
• For H-frame pole mounting with skid under-base
• Exterior coating prepared for use in non-corrosive environments
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: mineral oil, PCB free
• Tank material: Mild steel
• Coating: C12 avocado green/ G35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium

Winding insulation material: Resin and paper

350

3.

Transformer, 100kVA, 11kV/415V

• Vector group: Dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 100kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6%    
• BIL:
• No load loss: 190W & full load loss: 1500W
• For H-frame pole mounting with skid under-base
• Exterior coating prepared for use in non-corrosive environments
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: mineral oil, PCB free
• Tank material: mild steel
• Coating: C12 avocado green/ G35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium

Winding insulation material: Resin and paper

50

4.

                    Transformer, 200kVA, 11kV/415V

• Vector group: Dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 200kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6%    
• BIL:
• No load loss: 320W & full load loss: 2600W
• For platform pole mounting with skid under-base
• Exterior coating prepared for use in non-corrosive environments
• Supplied with LV flags with 2 holes fitted with a M12 x 40mm bolt assembly (set screws), 2x flat washers and 2x hex nuts each
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: mineral oil, PCB free
• Tank material: Mild steel
• Coating: C12 avocado green/ G35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium

Winding insulation material: resin and paper

40

5.

Transformer, 315kVA, 11kV/415V

• Vector group: Dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 315kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6%
• BIL:
• No load loss: 450W & full load loss: 3600W
• For H-frame pole mounting
• Exterior coating prepared for use in non-corrosive environments
• Supplied with lv flags with 2 holes fitted with a M12 x 40mm bolt assembly (set screws), 2x flat washers and 2x hex nuts each
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: mineral oil, PCB free
• Tank material: Mild steel
• Coating: C12 avocado green / GA35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium

Winding insulation material: Resin and paper

10

6

Transformer, 500kVA, 11kV/415V

• Vector group: Dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 500kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6%
• BIL:
• No load loss: 630W & full load loss: 5200W
• For platform mounting with jacking pads
• Supplied surge arrester brackets and earthing terminal
• Supplied with LV flags with 2 holes fitted with a M12 x 40mm bolt assembly (set screws), 2x flat washers and 2x hex nuts each
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: mineral oil, PCB free
• Tank material: Mild steel
• Coating: C12 avocado green / G35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium

Winding insulation material: Resin and paper

5

7.

Transformer, 630kVA, 11kV/415v

• Vector group: Dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 630kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6% 
• BIL: 95kV
• No load loss: 750W & full load loss: 6200W
• For platform mounting with jacking pads
• Supplied surge arrester brackets
• Supplied with LV flags with 2 holes fitted with a M12 x 40mm bolt assembly (set screws),2x flat washers and 2x hex nuts each
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: Mineral oil, PCB free
• Tank material: Mild steel
• Coating: C12 avocado green/G35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium

Winding insulation material: Resin and paper

5

8.

Transformer, 800kVA, 11kV/415V

• Vector group: dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 800kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6%  
• BIL:
• No load loss: 900W & full load loss: 7500W
• For platform mounting with jacking pads
• Exterior coating prepared for use in non-corrosive environments
• Supplied with LV flags with 2 holes fitted with a M12x40mm bolt assembly (set screws), 2x flat washers and 2x hex nuts each
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: mineral oil, PCB free
• Tank material: mild steel
• Coating: C12 avocado green/G35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium

Winding insulation material: Resin and paper

6

9.

Set of unit-to-unit busbars; for Ring Main Unit extensible switches

70

10.

Minisub; minisub 315kVA 11000/400V minisub with RMU

17

11.

Minisub; minisub 400kVA 11000/400V minisub with RMU

3

12.

Minisub; minisub 500kVA 11000/400V minisub with RMU

10

13.

Minisub; minisub 630kVA 11000/400V minisub with RMU

11

14.

Minisub; minisub 800kVA 11000/400VV minisub with RMU

10

15.

RMU busbars end boxes or covers; for ring main unit extensible switches

15

16.

K1 ring main unit 12kV outdoor; unfused oil switch, pedestaled with operating handle, oil tins.

63

17.

K1af ring main unit 12kV outdoor; Alstom type fused oil switch, pedestalled with operating handle

68

18.

K1 unfused isolator ring main unit; extensible oil fuse switch fuse, 12kV suitable for outdoor inland use.

20

19.

Ring main unit K4/AF; RMU non-extensible oil switch fuse and isolator RMU 12kV, 50Hz, 630A current rating to both switch and busbar to IEC 60420 (1990)

15

20

Ring main unit; ring main unit extensible single fused switch T1/of [GEC] x1F

10

21.

Single Phase DIN Rail PLC Split Smart Meter with CIU

• Network: 1P2W; 230V; 5(80)A; 50Hz
• Measurement: kWh +/-; kvarh
• Accuracy: Class 1
• Modes: Basic STS kWh, Postpaid with TOU
• Billing: Energy and Maximum Demand with Time of Use (TOU) or PREPAID mode
• Load Profile: 8 Channel
• Smart Functions: Prepaid or Postpaid Modes, Remote Disconnect, Load Limiting, Anti Tamper, Modular Communication options, Firmware Upgradable
• Communications: Uplink Modules: G3-PLC to DCU, 4G (point to point, with modem), Ethernet or WIFI, G3 PLC CIU

Standards: STS; DLMS/COSEM; IEC 62055-31, NRS049, IDIS, G3-PLC

35000

22.

Three-Phase Smart Meter Specifications

• Network: 3P4W; 230V; 5(100)A; 50Hz

500

• Measurement: kWh +/-; kvarh; KVA
• Accuracy: Class 1
• Modes: Basic STS kWh, Postpaid with TOU
• Billing: Energy and Maximum Demand with Time of Use (TOU) or PREPAID mode
• Load Profile: 8 Channel
• Smart Functions: Prepaid or Postpaid Modes, Remote Disconnect, Load Limiting, Anti Tamper, Modular Communication options, Firmware Upgradable
• Communications: Uplink Modules: G3-PLC to DCU, 4G (point to point, with modem), Ethernet or WIFI, G3 PLC CIU
• Standards: STS; DLMS/COSEM; IEC 62055-31, NRS049, IDIS, G3-PLC

23.

Distribution ready b0ard, 120 x 260 x 300mm, complete with 1 x 63A earth leakage, 1 x 20A mains, 1 x 15A breaker, 1 x 5A breaker, 16A double 3 pin socket, 6A euro socket, bulkhead and globe, SANS 10142-1

600

24.

Meter box, 300 x 300 x 1225 mm, 3 x 20mm knockout on the base for conduit, lockable and fitted with masonite board, metal grey galvanized, SANS

250

Name of Bidder  [insert complete name of Bidder]

Signature [signature of person authorized to sign the Bid]

Date [insert date]

Date: _________________________

RFB No: _____________________

Page N° ______ of ______

1

2

3

4

5

6

Line Item No.

Description of Goods

Country of Origin (for already imported Goods)

Indicative

Delivery Period as defined by Incoterms

Estimated Quantity over FA period and physical unit

Unit price EXW (plus price to deliver to place of destination, if required), in accordance with ITB 14.7 a (i) or (ii)

[insert number of the item]

[insert name of Goods]

[insert Delivery Period]

[insert number of units to be supplied and name of the physical unit]

[insert price per unit]

Name of Bidder [insert complete name of Bidder]

Signature [signature of person authorized to sign the Bid]

Date [insert date]

Date: _________________________

RFB No: _____________________

Page N° ______ of ______

1

2.

4

5

6

7

Item No.

Item Description

Description of Services (excludes inland transportation and other Related Services required in the Procuring Agency’s Country to convey the Goods to their final destination)

Country of Origin

Related Service Completion Period

Unit price

[insert item number]

[Insert name of Goods]

[insert name of Service]

[insert country of origin of the Services]

[insert Related Service Completion Period per item]

[insert unit price]

Name of Bidder  [insert complete name of Bidder]

Signature of Bidder  [signature of person authorized to sign the Bid]

 Date [insert date]

Date: _________________________

RFB No: _____________________

Page N° ______ of ______

1

2

4

5

6

7

Item No

Description of Goods

Unit price EXW (plus prices to deliver to place of destination, if required)

Unit price

CIP (named place of destination)

Unit Price Related Services

Total Unit Price

((4+6) or (5+6), as applicable)

[insert Item No.]

[insert name of Goods]

[insert unit price]

[insert unit price]

[insert total unit price]

Name of Bidder [insert complete name of Bidder]

Signature of Bidder  [signature of person authorized to sign the Bid]

Date [insert date]

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful Bidder(s).  In case of joint venture, the Bidder must submit a separate Form for each member.  The beneficial ownership information to be submitted in this Form shall be current as of the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Bidder is any natural person who ultimately owns or controls the Bidder by meeting one or more of the following conditions:

• directly or indirectly holding 25% or more of the shares
• directly or indirectly holding 25% or more of the voting rights
• directly or indirectly having the right to appoint a majority of the board of directors or equivalent governing body of the Bidder

Identity of Beneficial Owner

Directly or indirectly holding 25% or more of the shares

(Yes / No)

Directly or indirectly holding 25 % or more of the Voting Rights

(Yes / No)

Directly or indirectly having the right to appoint a majority of the board of the directors or an equivalent governing body of the Bidder

(Yes / No)

[include full name (last, middle, first), nationality, country of residence]

Section VII - Schedule of Requirements

1.

 Transformer, 16kVA, 11kV/231V

• Single Phase
• Ceramic/Cycloaliphatic Open Type Bushings With 31mm/kV Creepage
• Continuous kVA Rating: 16kVA
• Voltage Rating: 11kV / 240V
• Taps: 0%, 3%, 6% (Boost)    
• BIL: 95kV
• No Loss: 49W & Load Loss: 320W
• For single pole mounting with skid under-base
• Lifting Lugs
• Cooling: ONAN
• Insulation Fluid: Mineral Oil, PCB Free
• Tank Material: Mild Steel
• Coating: C12 avocado green/ G35 navy light grey for non-corrosive environments
• Windings Material: copper/Aluminium
• Winding Insulation Material: Resin and Paper

Each

SANS 780/ IEC 60076

SANS 1037/ SANS 60137 or

SANS 61462 and SANS 60076-3

SANS 60076-3/ SANS 60076-5

SANS 555-2

SANS 1091

IEC 60085/ SANS 60317-0-1

IEC 60243-1

 900

2.

Transformer, 50kVA, 11kV/415V

• Vector group: Dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 50kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6%   
• BIL:
• No load loss: 110W & full load loss: 880W
• For H-frame pole mounting with skid under-base
• Exterior coating prepared for use in non-corrosive environments
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: mineral oil, PCB free
• Tank material: Mild steel
• Coating: C12 avocado green/ G35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium
• Winding insulation material: Resin and paper

Each

SANS 780/ IEC 60076

SANS 1037/ SANS 60137 or

SANS 61462 and SANS 60076-3

SANS 60076-3/ SANS 60076-5

SANS 555-2

SANS 1091

IEC 60085/ SANS 60317-0-1

IEC 60243-1

 350

3.

Transformer, 100kVA, 11kV/415V

• Vector group: Dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 100kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6%    
• BIL:
• No load loss: 190W & full load loss: 1500W
• For H-frame pole mounting with skid under-base
• Exterior coating prepared for use in non-corrosive environments
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: mineral oil, PCB free
• Tank material: mild steel
• Coating: C12 avocado green/ G35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium
• Winding insulation material: Resin and paper

Each

SANS 780/ IEC 60076

SANS 1037/ SANS 60137 or

SANS 61462 and SANS 60076-3

SANS 60076-3/ SANS 60076-5

SANS 555-2

SANS 1091

IEC 60085/ SANS 60317-0-1

IEC 60243-1

 50

4.

Transformer, 200kVA, 11kV/415V

• Vector group: Dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 200kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6%    
• BIL:
• No load loss: 320W & full load loss: 2600W
• For platform pole mounting with skid under-base
• Exterior coating prepared for use in non-corrosive environments
• Supplied with LV flags with 2 holes fitted with a M12 x 40mm bolt assembly (set screws), 2x flat washers and 2x hex nuts each
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: mineral oil, PCB free
• Tank material: Mild steel
• Coating: C12 avocado green/ G35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium
• Winding insulation material: resin and paper

Each

SANS 780/ IEC 60076

SANS 1037/ SANS 60137 or

SANS 61462 and SANS 60076-3

SANS 60076-3/ SANS 60076-5

SANS 555-2

SANS 1091

IEC 60085/ SANS 60317-0-1

IEC 60243-1

 40

5.

Transformer, 315kVA, 11kV/415V

• Vector group: Dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 315kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6%
• BIL:
• No load loss: 450W & full load loss: 3600W
• For H-frame pole mounting
• Exterior coating prepared for use in non-corrosive environments
• Supplied with lv flags with 2 holes fitted with a M12 x 40mm bolt assembly (set screws), 2x flat washers and 2x hex nuts each
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: mineral oil, PCB free
• Tank material: Mild steel
• Coating: C12 avocado green / GA35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium
• Winding insulation material: Resin and paper

Each

SANS 780/ IEC 60076

SANS 1037/ SANS 60137 or

SANS 61462 and SANS 60076-3

SANS 60076-3/ SANS 60076-5

SANS 555-2

SANS 1091

IEC 60085/ SANS 60317-0-1

IEC 60243-1

 10

6.

Transformer, 500kVA, 11kV/415V

• Vector group: Dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 500kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6%
• BIL:
• No load loss: 630W & full load loss: 5200W
• For platform mounting with jacking pads
• Supplied surge arrester brackets and earthing terminal
• Supplied with LV flags with 2 holes fitted with a M12 x 40mm bolt assembly (set screws), 2x flat washers and 2x hex nuts each
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: mineral oil, PCB free
• Tank material: Mild steel
• Coating: C12 avocado green / G35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium
• Winding insulation material: Resin and paper

Each

SANS 780/ IEC 60076

SANS 1037/ SANS 60137 or

SANS 61462 and SANS 60076-3

SANS 60076-3/ SANS 60076-5

SANS 555-2

SANS 1091

IEC 60085/ SANS 60317-0-1

IEC 60243-1

 5

7.

Transformer, 630kVA, 11kV/415v

• Vector group: Dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 630kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6% 
• BIL: 95kV
• No load loss: 750W & full load loss: 6200W
• For platform mounting with jacking pads
• Supplied surge arrester brackets
• Supplied with LV flags with 2 holes fitted with a M12 x 40mm bolt assembly (set screws),2x flat washers and 2x hex nuts each
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: Mineral oil, PCB free
• Tank material: Mild steel
• Coating: C12 avocado green/G35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium
• Winding insulation material: Resin and paper

Each

SANS 780/ IEC 60076

SANS 1037/ SANS 60137 or

SANS 61462 and SANS 60076-3

SANS 60076-3/ SANS 60076-5

SANS 555-2

SANS 1091

IEC 60085/ SANS 60317-0-1

IEC 60243-1

 5

8.

Transformer, 800kVA, 11kV/415V

• Vector group: dyn11
• Cycloaliphatic/ceramic open type bushings with 31mm/kV creepage mounted on the side
• Continuous kVA rating: 800kVA
• Voltage rating: 11kV / 415V    
• Tap switch: 0%, ±3%, ±6%  
• BIL:
• No load loss: 900W & full load loss: 7500W
• For platform mounting with jacking pads
• Exterior coating prepared for use in non-corrosive environments
• Supplied with LV flags with 2 holes fitted with a M12x40mm bolt assembly (set screws), 2x flat washers and 2x hex nuts each
• Lifting lugs
• Cooling: ONAN
• Insulation fluid: mineral oil, PCB free
• Tank material: mild steel
• Coating: C12 avocado green/G35 navy light grey for non-corrosive environments
• Windings material: Copper/aluminium
• Winding insulation material: Resin and paper

Each

SANS 780/ IEC 60076

SANS 1037/ SANS 60137 or

SANS 61462 and SANS 60076-3

SANS 60076-3/ SANS 60076-5

SANS 555-2

SANS 1091

IEC 60085/ SANS 60317-0-1

IEC 60243-1

6

1.

Minisub; minisub 315kVA 11000/400V minisub with RMU

Each 

SANS 1874

17

2.

Minisub; minisub 400kVA 11000/400V minisub with RMU

Each 

SANS 1874

3

3.

Minisub; minisub 500kVA 11000/400V minisub with RMU

Each 

SANS 1874

10

4.

Minisub; minisub 630kVA 11000/400V minisub with RMU

Each 

SANS 1874

11

5.

Minisub; minisub 800kVA 11000/400VV minisub with RMU

Each 

SANS 1874

10

1.

Set of unit-to-unit busbars; for Ring Main Unit extensible switches

Each 

SANS 1874 

 70

2.

RMU busbars end boxes or covers; for ring main unit extensible switches

Each 

SANS 1874

15

3.

K1 ring main unit 12kV outdoor; unfused oil switch, pedestaled with operating handle, oil tins.

Each 

SANS 1874

63

4.

K1af ring main unit 12kV outdoor; Alstom type fused oil switch, pedestalled with operating handle

Each 

SANS 1874

68

5.

K1 unfused isolator ring main unit; extensible oil fuse switch fuse, 12kV suitable for outdoor inland use.

Each

SANS 1874

 20

6.

Ring main unit K4/AF; RMU non-extensible oil switch fuse and isolator RMU 12kV, 50Hz, 630A current rating to both switch and busbar to IEC 60420 (1990)

Each

SANS 60439

15

7.

Ring main unit; ring main unit extensible single fused switch T1/of [GEC] x1F

Each

SANS 1874

10

1.

Single Phase DIN Rail PLC Split Smart Meter with CIU

• Network: 1P2W; 230V; 5(80)A; 50Hz
• Measurement: kWh +/-; kvarh
• Accuracy: Class 1
• Modes: Basic STS kWh, Postpaid with TOU
• Billing: Energy and Maximum Demand with Time of Use (TOU) or PREPAID mode
• Load Profile: 8 Channel
• Smart Functions: Prepaid or Postpaid Modes, Remote Disconnect, Load Limiting, Anti Tamper, Modular Communication options, Firmware Upgradable
• Communications: Uplink Modules:  4G (point to point, with modem), Ethernet or WIFI. Downlink to CIU:PLC, G3 PLC, RF
• Standards: STS; DLMS/COSEM; IEC 62055-31, NRS049, IDIS

Each

SANS1524-1, NRS 049, IEC 62055-41/51

35 000

2.

Three-Phase Smart Meter Specifications

• Network: 3P4W; 230V; 5(100)A; 50Hz
• Measurement: kWh +/-; kvarh; KVA
• Accuracy: Class 1
• Modes: Basic STS kWh, Postpaid with TOU
• Billing: Energy and Maximum Demand with Time of Use (TOU) or PREPAID mode
• Load Profile: 8 Channel
• Smart Functions: Prepaid or Postpaid Modes, Remote Disconnect, Load Limiting, Anti Tamper, Modular Communication options, Firmware Upgradable
• Communications: Uplink Modules:, 4G (point to point, with modem), Ethernet or WIFI, Downlink to CIU:PLC, G3 PLC, RF
• Standards: STS; DLMS/COSEM; IEC 62055-31, NRS049, IDIS, G3-PLC

Each

SANS1524-1, NRS 049, IEC 62055-41/51

5 000

3.

Distribution ready board, 120 x 260 x 300mm, complete with 1 x 63A earth leakage, 1 x 20A mains, 1 x 15A breaker, 1 x 5A breaker, 16A double 3 pin socket, 6A euro socket, bulkhead and globe, SANS 10142-1

Each

SANS 10142 - 1

600

4.

Meter box, 300 x 300 x 1225 mm, 3 x 20mm knockout on the base for conduit, lockable and fitted with masonite board, metal grey galvanized, SANS

Each

SANS 10142 - 1

250

Item No

Name of Goods or Related Service

Technical Specifications and Standards

[insert item No]

[insert name]

[insert TS and Standards]

Item No.

Description

Estimated Quantity over FA period or

Range of Call-off Quantities

Name of Bidder

Technical Score

Bid price as read-out

Evaluated Bid Cost

Combined Score

Item No.

Description

Estimated Quantity over FA period or

Range of Call-off Quantities

Name of Bidder

Technical Score

Bid price as read-out

Evaluated Bid Cost

Combined Score

[INSTRUCTIONS: State the reason/s why this Bidder’s Bid was unsuccessful. Do NOT include: (a) a point by point comparison with another Bidder’s Bid or (b) information that is marked confidential by the Bidder in its Bid.]

Deadline: The deadline to request a debriefing expires at midnight on [insert date] (local time).

You may request a debriefing in relation to the results of the evaluation of your Bid. If you decide to request a debriefing your written request must be made within three (3) Business Days of receipt of this Notification of Intention to Conclude a Framework Agreement.

Provide the framework agreement name, reference number, name of the Bidder, contact details; and address the request for debriefing as follows:

Attention: Ms. Thobeka Gama

Title/position: Procurement Specialist

Agency: Eswatini Electricity Company

Email address: thobeka.gama@eec.co.sz copied bongani.chauke@eec.co.sz

If your request for a debriefing is received within the 3 Business Days deadline, we will provide the debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after the date that the debriefing is provided. If this happens, we will notify you and confirm the date that the extended Standstill Period will end.

The debriefing may be in writing, by phone, video conference call or in person. We shall promptly advise you in writing how the debriefing will take place and confirm the date and time.

If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we will provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of the Conclusion of Framework Agreement Notice.

Deadline: Procurement-related Complaint challenging the decision to conclude a Framework Agreement shall be submitted by midnight, [insert date] (local time).

Provide the Framework Agreement name, reference number, name of the Bidder, contact details; and address the Procurement-related Complaint as follows:

Attention: Mphumuzi Maziya

Title/position: Managing Director

Agency: Eswatini Electricity Company

Email address: mphumuzi.maziya@eec.co.sz copied to bongani.cauke@eec.co.sz

At this point in the procurement process, you may submit a Procurement-related Complaint challenging the decision to exclude you from conclusion of a Framework Agreement. You do not need to have requested, or received, a debriefing before making this complaint. Your complaint must be submitted within the Standstill Period and received by us before the Standstill Period ends.

Further information:

For more information see the Procurement Regulations for IPF Borrowers (Procurement Regulations) (Annex III). You should read these provisions before preparing and submitting your complaint. In addition, the World Bank’s Guidance “How to make a Procurement-related Complaint” provides a useful explanation of the process, as well as a sample letter of complaint.

In summary, there are four essential requirements:

1. You must be an ‘interested party’. In this case, that means a Bidder who submitted a Bid in this procurement process, and is the recipient of a Notification of Intention to Conclude a Framework Agreement.
2. The complaint can only challenge the decision to conclude the Framework Agreement.
3. You must submit the complaint within the period stated above.
4. You must include, in your complaint, all the information required by the Procurement Regulations (as described in Annex III).

Deadline: The Standstill Period is due to end at midnight on [insert date] (local time).

The Standstill Period lasts ten (10) Business Days after the date of transmission of this Notification of Intention to Conclude a Framework Agreement.

The Standstill Period may be extended as stated in the section above titled ‘How to request a debriefing’.

Signature:

Name:

Title/position:

Telephone:

Email:

Authorized Signature:

Name:

Title/position:

Name of Agency:

Telephone:

Email:

Framework Agreement Provision (FAP)

Description

1. Definitions

1. 1. The following words and expressions shall have the meanings hereby assigned to them
      1. “Bank” means the World Bank, meaning the International Bank for Reconstruction and Development (IBRD) and/or the International Development Association (IDA), whether acting on its own account or in its capacity as administrator of trust funds provided by other donors.
      2. “Base Price” is the Framework Agreement (FA) unit price prior to any price adjustment in accordance with FA Provision FAP 8.
      3. “Business Day” is any day that is an official working day of the Purchaser. It excludes the Purchaser’s official public holidays.
      4. “Call-off Contract” is a contract awarded under a Framework Agreement, through a Secondary Procurement process, for the supply of Goods, and any Related Services.
      5. “Closed Framework Agreement” is where no new firm(s) may conclude Framework Agreement(s) during the Term of the Framework Agreement.
      6. “Commencement Date” is the date this Framework Agreement is signed by both parties, being the commencement of the Term.
      7. “Contract Price” is the price payable to the Supplier as specified in each Call-off Contract, subject to such additions and adjustments thereto or deductions therefrom, as may be made pursuant to the Contract.
      8. “Day” means calendar day.
      9. “Goods” means all goods, materials, items, commodities, raw material, machinery, equipment, and/or other materials, as specified in the FA Provisions, that the Supplier is required to supply to the Purchaser under a Call-off Contract. Where appropriate, for the purpose of interpretation, the definition for Goods includes Related Services.
      10. “In Writing” means communicated or recorded in written form. It includes, for example: mail, e-mail, fax or communication through an electronic procurement system (provided that the electronic system is accessible, secure, ensures integrity and confidentiality, and has sufficient audit trail features).
      11. “Incoterms” means the international commercial terms for goods published by the International Chamber of Commerce (ICC).
      12. “Lead Purchaser”, when named in the Framework Agreement, means a party to the Framework Agreement, as a Purchaser in its own right under the framework agreement and as the agency responsible for the management and administration of the Framework Agreement for use by the other participating Purchasers as specified in the FAP 2.2. All communications, including notices, in relation to the Framework Agreement, are to be addressed to the Lead Purchaser. All communications, including notices, in relation to a Call-off Contract, are to be addressed to the Purchaser named in the Call-off Contract.
      13. “Multi-User Framework Agreement” means a Framework Agreement where there is more than one Purchaser permitted to purchase through a Call-off Contract, as specified in the FAP 2.2;
      14. “Purchaser” is the Borrower’s agency(ies) that is/are permitted to purchase Goods from a Supplier under a Call-off Contract awarded through a Framework Agreement. Where appropriate, for the purpose of interpretation of the Framework Agreement, the term Purchaser includes Lead Purchaser, or Responsible Agency.
      15. “Purchaser’s Country” is the country specified in the FAP 2.3.
      16. “Related Services” means the services incidental to the supply of the Goods, such as insurance, installation, training, initial maintenance and other such obligations of the Supplier, excluding inland transportation and other services required in the Purchaser’s Country to convey the Goods to their final destination.
      17. “Responsible Agency”, when named in the Framework Agreement, is a party to the Framework Agreement, but only in its capacity as the agency responsible for managing and administering the Framework Agreement for use by the participating Purchasers. All communications, including notices, in relation to the Framework Agreement, are to be addressed to the Responsible Agency.
      18. “Secondary Procurement” is the method used to select a Supplier and award a Call-off Contract under this Framework Agreement.
      19. “Single-User Framework Agreement” means a Framework Agreement where there is only one Purchaser, as specified in the FAP 2.2.
      20. “Supplier” means the person, private or government entity, or a combination of the above, who has concluded a Framework Agreement to supply to a Purchaser, from time to time, and as and when required, the Goods, and, if applicable, Related Services, under a Call-off Contract.
      21. “Term” mean the duration of this Framework Agreement as described in the FAP2.4 starting on the Commencement Date. Where applicable, it includes any extension(s) to the initial Term, if permitted in the FA 2.5.

1. Framework Agreement Specific Information

1. 1. This Framework Agreement relates to the purchase and supply, under separate Call-off Contracts, of Distribution Transformers and Electricity Meters. The Goods, and Related Services, are more fully described in Schedule 1: Schedule of Requirements including, where applicable: list of Goods, list of Related Services, Technical Specifications, Drawings and Inspections and Tests.
   2. This is a Single-User Framework Agreement.
   3. The Purchaser’s Country is: The Kingdom of Eswatini.
   4. The Framework Agreement and the Call-off Contracts shall be governed by and interpreted in accordance with the laws of the Purchaser’s Country.
   5. The Term of this Framework Agreement is three (3) years from the Commencement Date.
   6. The Term may be extended, at the Purchaser’s sole discretion, and where there has been satisfactory performance by the Supplier. To extend the Term, the Purchaser shall give the Supplier no less than three (3) months’ notice, In Writing, prior to the date on which the Framework Agreement would otherwise have expired. The total Term of the Framework Agreement shall be no longer than five (5) years.
   7. The edition of Incoterms that shall apply is: CIP – Incoterms 2020
   8. Source of the indices, and the source of exchange rate (if applicable) and the base date indices: Consumer Price Index
   9. Any notice given by one party to the other pursuant to this Framework Agreement shall be In Writing using the quickest available method such as electronic mail with proof of receipt. A notice shall be effective when delivered, or on the notice’s effective date, whichever is later.

The representatives for each party, who shall be the primary point of contact for the other party in relation to matters arising from this Framework Agreement, including notices, are specified below. Should the representative be replaced, the party replacing the representative shall promptly inform the other party In Writing of the name and contact details of the new representative. Any representative appointed shall be authorized to make decisions on the day-to-day operation of the Framework Agreement.

1. 1. Purchaser’s Representatives

   The name and contact details of the Purchaser’s    Representative under this Framework Agreement, and the    address for notices in relation to this Framework Agreement,    are:

   Name: Ms. Thobeka Gama

   Title/position: Procurement Specialist

   Address: Eluvatsini House, Mhlambanyatsi Road, Mbabane,    Eswatini

   Phone: +268 2409 4062

   Mobile: +268 7833 2239

E-mail: thobeka.gama@eec.co.sz

1. 1. Supplier’s Representatives

The name and contact details of the Supplier’s Representative, for the purposes of this Framework Agreement, and the address for notices in relation to this Framework Agreement are:

Name:

Title/position:

Address:

Phone:

Mobile:

E-mail:

1. Framework Agreement Documents

1. 1. This Framework Agreement (FA) shall be read as a whole. Where a document is incorporated by reference into this Framework Agreement, it shall be deemed to form, and be read and construed, as part of this Framework Agreement.
   2. This Framework Agreement comprises the following documents.:
2. Framework Agreement, including all Sections and Schedules;
3. Notice of Conclusion of a Framework Agreement; and
4. Offer submission form (from Primary Procurement process).

1. Supplier’s Obligations

1. 1. The Supplier shall offer to supply (standing offer) to the Purchaser, the Goods, including any Related Services if applicable, described in the Framework Agreement Schedule 1: Schedule of Requirements, for the Term of this Framework Agreement, in accordance with the terms and conditions stipulated in this Framework Agreement.
   2. The Supplier shall respond to a request from a Purchaser for quotation or direct contracting within the period specified in that request by either (i) submitting a quotation or (ii) accepting award of contract in case of direct selection or (iii) informing the Purchaser that it does not intend to supply the Goods and Related Services (if any) under the Call-off Contract.
   3. During the Term of the Framework Agreement, the Supplier shall continue to be eligible and qualified, and the Goods shall continue to be eligible, as per the qualification and eligibility criteria stipulated in the Primary Procurement process and the provisions of sub-paragraphs 4.4 (a) to 4.4 (c) below. The Supplier shall notify the Purchaser immediately, in writing, if it ceases to be qualified and/or ceases to be eligible, or the Goods cease to be eligible.
   4. The Goods supplied under Call-off Contracts that may be awarded by the Purchaser shall be:
      1. of the quality, type and as otherwise specified in the Framework Agreement, Schedule 1: Schedule of Requirements;
      2. at the Contract Price specified in the Call-off Contract; and
      3. in such quantities, at such times and to such locations as specified in the Call-off Contract.
   5. At any point during Term of the Framework Agreement, should technological advances be introduced by the Supplier for the Goods offered for the Framework Agreement, the Supplier shall provide to the Purchaser(s) of the Call-off Contracts the latest versions of the available Goods at the time of Call-off, having equal or better performance or functionality at no additional cost to the Purchaser (s).
   6. The Supplier agrees that this Framework Agreement and any additional provisions set out in a Call-off Contract, shall apply to the supply of Goods.
   7. Forced Labor

The Supplier, including its Subcontractors, shall not employ or engage forced labor or persons subject to trafficking..

Forced labor consists of any work or service, not voluntarily performed, that is exacted from an individual under threat of force or penalty, and includes any kind of involuntary or compulsory labor, such as indentured labor, bonded labor or similar labor-contracting arrangements.

Trafficking in persons is defined as the recruitment, transportation, transfer, harboring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation.

1. 1. Child Labor

The Supplier, including its Subcontractors, shall not employ or engage a child under the age of 14 unless the national law specifies a higher age (the minimum age).

The Supplier, including its Subcontractors, shall not employ or engage a child between the minimum age and the age of 18 in a manner that is likely to be hazardous, or to interfere with, the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development.

Work considered hazardous for children is work that, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of children. Such work activities prohibited for children include work:

1. with exposure to physical, psychological or sexual abuse;
2. underground, underwater, working at heights or in confined spaces;
3. with dangerous machinery, equipment or tools, or involving handling or transport of heavy loads;
4. in unhealthy environments exposing children to hazardous substances, agents, or processes, or to temperatures, noise or vibration damaging to health; or
5. under difficult conditions such as work for long hours, during the night or in confinement on the premises of the employer.
   1. Health and safety obligations

The Supplier shall comply, and shall require its Subcontractors if any to comply, with all applicable health and safety regulations, laws, guidelines, and any other requirement stated in the Technical Specifications.

1. 1. The Supplier shall comply with additional obligations as specified in the Call-off Contract.

1. Continued Qualifications and Eligibility

1. 1. The Supplier shall continue to have the nationality of an eligible country. A Supplier or subcontractor, shall be deemed to have the nationality of a country if the Supplier is constituted, incorporated or registered in, and operates in conformity with, the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be.
   2. All Goods and Related Services to be supplied under a Call-off Contract and financed by the Bank shall continue to have their origin in eligible Countries. For the purpose of this provision, origin means the country where the Goods have been grown, mined, cultivated, produced, manufactured, or processed; or through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its components. Ineligible Countries, if any, are listed in FAP 5.5 below.
   3. To continue to be eligible the Supplier shall not have been sanctioned by the Bank, pursuant to the Bank’s Anti-Corruption Guidelines, and in accordance with its prevailing sanctions policies and procedures as set forth in the World Bank Group’s Sanctions Framework.
   4. The Purchaser may require, during the Term of the Framework Agreement, evidence of the Supplier’s continued qualification and eligibility, and the Goods continued eligibility.  Failure to provide such evidence, as requested, may result in the Supplier being disqualified from participating in a Secondary Procurement process, and/or being awarded a Call-off Contract, and/or the termination of the Framework Agreement.
   5. At the present time, firms, goods and services from the following countries are excluded from this Framework Agreement as being ineligible. None

1. Role of Lead Purchaser or Responsible Agency

1. 1. Where there is a Lead Purchaser or Responsible Agency that is a party to the Framework Agreement, their role is to manage and administer the Framework Agreement(s) for use by the participating Purchaser(s). All communications, including notices, in relation to the Framework Agreement are to be made to the Lead Purchaser or Responsible Agency.
   2. The Lead Purchaser or Responsible Agency is responsible for all matters pertaining to the Framework Agreement including, for example, amendments, suspension and termination of the Framework Agreement. For matters relating to individual Call-off Contracts, all communications, including notices, must be made to the Purchaser named in the Call-off Contract.
   3. Where no Lead Purchaser or Responsible Agency has been appointed, the named Purchaser is responsible for managing and administering the Framework Agreement and the provisions in FAP 2.9 above, in relation to communications and notices etc., apply to the Purchaser.

1. Contract Price

1. 1. The Contract Price for each call-off Contract shall be determined by  applying:

For Direct Selection:

the Base Price (unit price/s) stipulated in the Framework Agreement, Schedule 2, subject to any adjustments specified in FAPs 8 and 9; and any additional price for inland transportation and other services required in the Purchaser’s Country to convey the Goods to their final destination specified in Call-off Contract.

or

For Mini-competition:

the successful competitive quotation subject to any adjustments specified in FAPs 8 and 9; and any additional price for inland transportation and other services required in the Purchaser’s Country to convey the Goods to their final destination specified in RFQ.

1. Adjustments for changes in Cost

1. 1. Adjustments to the Base Price (unit prices) stipulated in the Framework Agreement

The unit price/s stipulated in the FA, shall not be subject to adjustments for Call-off contracts awarded within twelve (12) months from the date of conclusion of FA. For any Call-off contracts awarded after this specified period, the unit price/s shall be subject to an adjustment as follows:

1. for Call-off Contracts awarded through the Secondary Procurement method based on competitive quotations (mini-competition), Suppliers shall be required to offer prices that do not exceed their adjusted unit price/s as adjusted below;
2. for Call-off Contracts awarded through a Secondary Procurement method involving direct selection, (i.e. not awarded through a mini-competition), the price adjustment below shall be applied to that Supplier’s unit price/s to determine the Call-off Contract Price. 

The price adjustment is intended to reflect changes in the cost of labor, material components, and/or other factors, over the relevant period of the FA. Where a price adjustment applies, it shall be calculated as follows:

P1=P0 a+bL1L0+bM1M0

a+b+c = 1

in which:

P1   =  Call-off unit price.

P0   =  unit price, as described in the Framework Agreement, Schedule 2: Price Schedules.

a     =  fixed element representing profits and overheads included in the Contract Price.

b     =  estimated percentage of labor component in the Contract Price.

c     =  estimated percentage of material component in the Contract Price.

L0, L1 =   labor indices applicable to the appropriate industry in the country of origin on the base date and date for adjustment, respectively.

M0, M1 = material indices for the major raw material on the base date and date for adjustment, respectively, in the country of origin.

The Supplier shall indicate the source of the indices, and the source of exchange rate (if applicable) and the base date indices in its offer.

The coefficients are as follows:

a = [0.10]

b = [0.25]

c = [0.65]

Base date = 28 October 2026

Date of adjustment =:

1. For Direct Selection: the date 30 days prior to the formation of the Call-off Contract
2. For mini competition: the date 30 days prior to the Request for Quotation.

If the currency in which the Contract Price (P0) is expressed, is different from the currency of origin of the labor and material indices, a correction factor will be applied to avoid incorrect adjustments of the unit price/s. The correction factor shall be: Z0 / Z1, where:

Z0 = the number of units of currency of the origin of the indices which equal to one unit of the currency of the Contract Price P0 on the Base date, and

Z1 = the number of units of currency of the origin of the indices which equal to one unit of the currency of the Contract Price P0 on the Date of Adjustment.

1. Adjustments for Changes in Laws

1. 1. If after the date of 28 days prior to date of Offer submission for the Framework Agreement, any law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated, abrogated, or changed in the place of the Purchaser’s Country (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the Base Price (unit price/s) stipulated in the Framework Agreement, then such unit price/s  shall be correspondingly increased or decreased, to the extent that the Supplier has thereby been affected in the performance of any of its obligations under the Framework Agreement. Notwithstanding the foregoing, such additional or reduced cost shall not be separately paid or credited if the same has already been accounted for in the price adjustment provisions where applicable, in accordance with FAP 8.

1. Subcontractors

1. 1. The Supplier shall notify the Purchaser in writing of all subcontracts awarded under the Call-off Contracts if not already specified in the Framework Agreement. Such notification, in the Framework Agreement or later shall not relieve the Supplier from any of its obligations, duties, responsibilities, or liability under the Call-off Contract.

1. Warranty

1. 1. The Supplier warrants that all the Goods are new, unused, and of the most recent or current models, and that they incorporate all recent improvements in design and materials, unless provided otherwise in the Contract.
   2. The Supplier further warrants that the Goods shall be free from defects arising from any act or omission of the Supplier or arising from design, materials, and workmanship, under normal use in the conditions prevailing in the country of final destination.
   3. The Supplier shall comply with any additional warranty obligation specified in the Call-off Contracts.

1. Copyright

1. 1. The copyright in all drawings, documents, and other materials containing data and information furnished to the Purchaser by the Supplier herein shall remain vested in the Supplier, or, if they are furnished to the Purchaser directly or through the Supplier by any third party, including suppliers of materials, the copyright in such materials shall remain vested in such third party.

1. Patent Indemnity

1. 1. The Supplier shall, subject to the Purchaser’s compliance with 13.2 below, indemnify and hold harmless the Purchaser and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the Purchaser may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract by reason of:
      1. the installation of the Goods by the Supplier or the use of the Goods in the country where the Site is located; and
      2. the sale in any country of the products produced by the Goods.

Such indemnity shall not cover any use of the Goods or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, neither any infringement resulting from the use of the Goods or any part thereof, or any products produced thereby in association or combination with any other equipment, plant, or materials not supplied by the Supplier, pursuant to the Contract.

1. 1.  If any proceedings are brought or any claim is made against the Purchaser arising out of the matters referred to in 13.1 above, the Purchaser shall promptly give the Supplier a notice thereof, and the Supplier may at its own expense and in the Purchaser’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.
   2. If the Supplier fails to notify the Purchaser within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Purchaser shall be free to conduct the same on its own behalf.
   3. The Purchaser shall, at the Supplier’s request, afford all available assistance to the Supplier in conducting such proceedings or claim, and shall be reimbursed by the Supplier for all reasonable expenses incurred in so doing.
   4. The Purchaser shall indemnify and hold harmless the Supplier and its employees, officers, and Subcontractors from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the Supplier may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Purchaser.

1. Limitation of Liability

1. 1. Except in cases of criminal negligence or willful misconduct,
2. the Supplier shall not be liable to the Purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Purchaser and
3. Under each Call-off Contract, the aggregate liability of the Supplier to the Purchaser, whether under the Contract, in tort or otherwise, shall not exceed the Call-off Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the supplier to indemnify the Purchaser with respect to patent infringement.

1. Force Majeure

1. 1. The Supplier shall not be liable for forfeiture of its Performance Security (if required), liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Framework Agreement and/or a Call-off Contract is the result of an event of Force Majeure.
   2. For purposes of this provision, “Force Majeure” means an event or situation beyond the control of the Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the Supplier. Such events may include, but not be limited to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods, and freight embargoes.
   3. If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the Purchaser in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.
   4. If the performance of the Contract is substantially prevented, hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract, the Parties will attempt to develop a mutually satisfactory solution, failing which either Party may terminate the Contract by giving a notice to the other Party.

1. Language

1. 1. The language of this Framework Agreement, and any Call-off Contract is English.  Supporting documents and printed literature that are part of this Framework Agreement, and any Call-off Contract, may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified, in which case, for purposes of this Framework Agreement, and any Call-off Contract, this translation shall govern.
   2. The Supplier shall bear all costs of translation to the governing language and all risks of the accuracy of such translation.

1. Fraud and Corruption

1. 1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the World Bank Group’s Sanctions Framework, as set forth in the Appendix to this Framework Agreement Provisions (Fraud and Corruption).
   2. The Purchaser requires the Supplier to disclose any commissions or fees that may have been paid or are to be paid to agents or any other party with respect to the Primary or Secondary Procurement process or execution of a Call-off Contract. The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee.

1. Records, inspections and audit

1. 1. The Supplier shall keep, and shall make all reasonable efforts to cause its subcontractor(s), if any, to keep, accurate and systematic accounts and records in respect of this Framework Agreement, the Goods, and any Call-off Contract, in such form and details as will clearly identify relevant time changes and costs.
   2. Pursuant to paragraph 2.2 e. of the Appendix to the Framework Agreement, the Supplier shall permit and shall cause its agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit, the Bank and/or persons appointed by the Bank to inspect the site and/or the accounts, records and other documents relating to the request for quotations process and/or execution of the Framework Agreement and/or any Call-off Contract. The Supplier’s and its subcontractors attention is drawn to FAP 17 (Fraud and Corruption) which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures).

1. Confidential Information

1. 1. The Purchaser and the Supplier shall keep confidential and shall not, without the consent In Writing from the other, divulge to any third party any documents, data, or other information furnished directly or indirectly by either party in connection with the Framework Agreement.
   2. The obligation of a party under FAP 19. 1 above, shall not apply to information that:
      1. the Purchaser or Supplier need to share with the Bank or other institution(s) participating in the financing of a Call-off Contract
      2. now, or in future, enters the public domain through no fault of that party
      3. can be proven to have been possessed by that party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other party
      4. otherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality.

1. Change to the Framework Agreement

1. 1. Any change to this Framework Agreement, including an extension of the Term, must be In Writing and signed by both Parties. A change can be made at any time after this Framework Agreement has been signed by both Parties, and before it expires.

1. Assignment

1. 1. The Supplier shall not assign, in whole or in part, its obligations under this this Framework Agreement and/or Call-off Contracts, without the prior written consent of the Purchaser.

1. Termination of the Framework Agreement

1. 1. The Purchaser, without prejudice to any other remedy for breach of the Framework Agreement or Call-off Contract, may terminate this Framework Agreement immediately, by notice In Writing to the Supplier, if:
      1. in the judgement of the Purchaser, the Supplier has engaged in Fraud and Corruption, or
      2. during the Term of the Framework Agreement, the Supplier ceases to be qualified or eligible, or
      3. the Supplier purports to assign, or otherwise transfer or dispose of this Framework Agreement and/or Call-off Contract, in whole, or in part, without the prior written consent of the Purchaser, or
      4. the Supplier becomes bankrupt or otherwise insolvent, or
      5. the Supplier fails to perform any other obligation under the Framework Agreement and/or any Call-off Contract.
   2. The Purchaser may terminate this Framework Agreement and/or any Call-off Contract, in whole or in part, by notice In Writing sent to the Supplier, at any time, for its convenience. The notice of termination shall specify that the termination is for the Purchaser’s convenience, the extent to which the performance of the Supplier under the Framework Agreement is terminated, and the date upon which such termination becomes effective.
   3. Upon expiry, or earlier termination of this Framework Agreement, all Call-off Contracts already entered into under this Framework Agreement shall continue in full force and effect. However, no further Call-off Contracts shall be awarded once the Framework Agreement is terminated.

1. Dispute resolution in relation to the Framework Agreement

1. 1. In the case of a dispute arising out of, or in connection with this Framework Agreement, the Parties shall, in good faith, make every reasonable effort to communicate and cooperate with each other with a view to amicably resolving the dispute.
   2. Where parties have exhausted the process described in FAP 23.1, the parties may, by mutual agreement, nominate and refer the dispute to an adjudicator/mediator to assist in the resolution of the dispute. Parties will meet their own costs associated with such a referral, and split the costs of the adjudicator/. In appointing the adjudicator parties should agree whether or not the adjudicator’s decision is to be final and binding.
   3. Further dispute resolution mechanism for Call-off contracts shall be as specified in the Call-off Contracts.

Item No

Name of Goods or Related Service

Technical Specifications and Standards

[insert item No]

[insert name]

[insert TS and Standards]

List of Drawings

Drawing Nr.

Drawing Name

Purpose

From:

[Insert Purchaser’s legal name]

Purchaser’s Representative:

[Insert name of Purchaser’s Representative]

Title/Position:

[Insert Representatives title or position]

Address:

[Insert Purchaser’s address]

Telephone:

[Insert Representatives telephone number]

Email:

[Insert Representatives email address]

To:

[Insert Supplier’s legal name]

Supplier’s Representative:

[Insert name of Supplier’s Representative]

Title/Position:

[Insert Representatives title or position]

Address:

[Insert Supplier’s address]

Telephone:

[Insert Representatives telephone number]

Email:

[Insert Representatives email address]

Framework Agreement (FA):

[Insert short title of FA]

FA Date:

[Insert FA Date]

FA Reference No.

[Insert FA reference]

RFQ Ref No.:

[Insert reference]

RFQ Date:

[Insert date of RFQ]

RFQ issued:

This RFQ has been transmitted by: “post” or “email” or “fax”

Signature:

Name:

Title/position:

RFQ ANNEX 1: Purchaser’s Requirements

[The Purchaser shall complete these tables, as appropriate, to enable the Supplier to prepare the Quotation]

List of Goods and Delivery Period

Line Item N°

Description of Goods

Quantity required

Physical unit

Named Place of Destination     

Place of Final Destination     (Project Site)

Applicable Incoterms (e.g. CIP, EXW etc.)

Delivery Period from Date of formation of Call-off contract

List of Related Services and Completion Schedule

Service

Description of Service

Quantity required

Physical Unit

Place where Services shall be performed

Completion Period of Services

[insert Service No]

[insert description of Related Services]

[insert quantity of items to be supplied]

[insert physical unit for the items]

[insert name of the Place]

[insert no. of days such as from Delivery Period or receipt of Goods, as appropriate]

From:

[Insert Supplier’s legal name]

Supplier’s Representative:

[Insert name of Supplier’s Representative]

Title/Position:

[Insert Representatives title or position]

Address:

[Insert Supplier’s address]

Email:

[Insert Supplier’s email address]

To:

[Insert Purchaser’s legal name]

Purchaser’s Representative:

[Insert name of Purchaser’s Representative]

Title/Position:

[Insert Representatives title or position]

Address:

[Insert Purchaser’s address]

Framework Agreement (FA)

[Insert short title of FA]

FA Reference No.

[Insert Purchaser’s FA reference]

Date of Framework Agreement:

[Insert FA date]

RFQ Ref No.:

[Insert Purchaser’s reference]

Date of Quotation:

[Insert date of Quotation]

Name of Recipient

Address

Reason

Amount

Signature:

Name:

Title/position:

Telephone:

Email:

Quotation for Goods: Price Schedule 1

For Goods to be imported from outside the Purchaser’s Country

1

2

3

4

5

6

7

8

9

Line Item

N°

Description of Goods

Country of Origin

Delivery Period as defined by Incoterms

Quantity and physical unit

Unit price

cip [insert place of destination]

CIP Price per line item

(Col. 5x6)

[ For CIP, if in addition inland transportation etc. is required] Price per line item for inland transportation and other services required in the Purchaser’s Country to convey the Goods to their final destination specified in RFQ

Total Price per Line item

(Col. 7+8)

[insert number of the item]

[insert name of good]

[insert country of origin of the Good]

[insert quoted Delivery Period]

[insert number of units to be supplied and name of the physical unit]

[insert unit price CIP per unit]

[insert total CIP price per line item]

[insert the corresponding price per line item]

[insert total price of the line item]

Quotation Price

1

2

3

4

5

6

7

8

Line Item

N°

Description of Goods

Delivery Period as defined by Incoterms

Quantity and physical unit

Unit price EXW* (plus prices to deliver to place of destination, if required)

Total EXW (plus prices to deliver to place of destination, if required) price per line item