TENDER DOCUMENTATION

1
–CONSULTACY PERSPECTIVE
By W.M.C.L.K. Wijekoon

Tender Documentation by W.M.C.L.K. Wijekoon

2
Standard Terms
Based on SBD Documents Based on FIDIC or any other
published by CIDA conditions of Contract

Bidding Tendering
Bid document Tender Document
Bidder Tenderer
Pre bid meeting Pre tender meeting

Tender Documentation by W.M.C.L.K. Wijekoon

3 Applicability of CIDA Standard Bidding
Documents for Procurement of works
 CIDA/SBD/03 (ICTAD/SBD/03)
 Works contracts up to Rs. 10 million
 CIDA/SBD/01 (ICTAD/SBD/01)
 Works contracts between Rs. 10 million to 100 million
 Contracts of Higher values which are not of a complex nature
 CIDA/SBD/02 (ICTAD/SBD/02)
 Works contracts above100 million
 Contracts of lesser values which are of a complex nature
 CIDA/SBD/04 (ICTAD/SBD/04)
 For Design and Build contracts

Tender Documentation by W.M.C.L.K. Wijekoon

 Contents of Bidding Document (based
4 on CIDA/SBD/02)
 Invitation for Bids
Volume 01
 Section 01: Instructions to Bidders
 Section 03: Conditions of Contract
 Section 05: Standard Forms (Contract)
Volume 02
 Section 02: Bidding Data
 Section 04: Contract Data
 Section 06: Specifications
 Section 07: Form of Bid
 Section 08: Bills of Quantities
 Section 09: Schedules
 Section 10: Drawings
 Section 11: Standard Forms (Bid)

Tender Documentation by W.M.C.L.K. Wijekoon

5 Invitation for Bids (IFB)

Three formats are given in the SBD/02

IFB – Projects with pre qualification
IFB- GOSL funded projects
IFB- Foreign funded projects

Tender Documentation by W.M.C.L.K. Wijekoon

6 Section 01: Instructions to Bidders(ITB)
Section 02: Bidding Data
 Instructions to Bidders shall be read in conjunction
with Bidding Data.
 Modifications or amendments to ITB should not be
done unless they are really essential.
 Specific information, changes to be provided in
Bidding Data.
 Whenever there is a discrepancy, the provision in
Bidding Data shall supersede those provided in ITB.
 ITB and Bidding Data will not be a part of the
Contract.
Tender Documentation by W.M.C.L.K. Wijekoon
7 Section 03: Conditions of Contract
Section 04: Contract Data

 Conditions of Contract shall be read in conjunction with

Contract Data.
 Modifications or amendments to Conditions of Contract
should not be done unless they are really essential.
 Specific information, changes to be provided in
Contract Data.
 Whenever there is a discrepancy, the provisions in
Contract Data shall supersede those provided in
Conditions of Contract.
Tender Documentation by W.M.C.L.K. Wijekoon
8 Section 05: Standard Forms (Contract)

Form of Letter of Acceptance

Form of Agreement
Form of Performance Security
Form of Advance Payment Security
Form of Retention Money Guarantee

Tender Documentation by W.M.C.L.K. Wijekoon

9 Section 06: Specifications
 General Specifications
 Specification for Building work – Sri Lanka (vol. I) – ICTAD
Publication No. SCA/ 4 (Vol. I)
 Specification for Building work – Sri Lanka (vol. II) Sanitary
Installation. ICTAD Publication No. SCA/4 (Vol. II).
 Specification for Water Supply and Sewerage and Storm Water
Drainage works – Sri Lanka ICTAD Publication No. SCA/3/2.
 Specification for Electrical and Mechanical Works associated
with Building & Civil Engineering – Sri Lanka ICTAD No. SCA/8
 Particular Specifications
 Particular specifications provided by relevant consultants.

Tender Documentation by W.M.C.L.K. Wijekoon

10 Section 07: Form of Bid

The format provided in the SBD to be

used.

Tender Documentation by W.M.C.L.K. Wijekoon

11 Section 08: Bills of Quantities

BOQ of building work shall be prepared in

accordance with Standard Method of
Measurement of Building Works (SLS 573 1st
Revision 1999).
BOQ of civil engineering work shall be prepared
in accordance with Civil Engineering Method of
Measurement (3rd Edition or latest).

Tender Documentation by W.M.C.L.K. Wijekoon

12 Section 09: Schedules

 Schedule 1 – General Information

 Schedule 2 – Annual Turn-over Information
 Schedule 3 – Adequacy of Working Capital
 Schedule 4 – Construction Experience in last five years
 Schedule 5 – Major Items of Construction Equipment Proposed
 Schedule 6 – Construction Management Staff
 Schedule 7 – Time Schedule for Key Staff
 Schedule 8 – Work Programme

Tender Documentation by W.M.C.L.K. Wijekoon

13 Section 10: Drawings

List of drawings used for preparation of

BOQ

Tender Documentation by W.M.C.L.K. Wijekoon

14 Section 11: Standard Forms (Bid)

Form of Bid Security

Tender Documentation by W.M.C.L.K. Wijekoon

15

The document The filled document

prepared by the submitted by the
consultant on behalf of bidder
the Employer

Bidding Document Bid Document

Tender Documentation by W.M.C.L.K. Wijekoon

16 How to prepare Bidding Data

Total Cost Estimate -640 Million

Duration – 8 Months

Tender Documentation by W.M.C.L.K. Wijekoon

17 How to prepare Contract Data

Tender Documentation by W.M.C.L.K. Wijekoon

 BIDDING DATA

Instruction to Bidders
Clause Reference

1.1 Employer’s Name : The Secretary,

and Address Ministry of ABC,
No. 08,
XYZ Road ,
Colombo.

1.1 Scope of Work : Constructing and completing all work described in

Drawings, Specifications and Bills of Quantities
including Variations duly issued by the Engineer and
maintaining the Works during the Defects Notification
Period of 364 Days.

The works consists of constructing an office building for

Ministry of ABC located at Colombo, having a gross
floor area of approximately 5,000 sq. m consisting of a
Basement, Lower Ground, Ground Floor, 3 Upper Floors
and Roof Terrace.

1.2 Time for Completion : Time for Completion of the whole work shall be 245
Days from the Date of Commencement of Works.

2.1 Source of Funds : The source of funds is Government of Sri Lanka

4.1 Qualification : The following information shall be provided in Section

Information 9-Schedules:
 CIDA/ICTAD registration

Registration Number…….
Grade……………..
Specialty…………..
Expiry Date………..
 VAT registration number
  Construction Programme
 Legal Status (Sole Proprietor, Partnership,
Company, etc.)
 Authentication for signatory (Power of Attorney)
 Total monetary value of building construction
works performed in last 5 years
 Experience in works of a similar nature &
complexity for each of the last five years.
 Major items of construction equipment proposed
 Qualification and experience of key staff
 Work plan and construction methodology

4.1 (C) In addition to above the bidders shall furnish

the following information:

 Audited Financial Statements for last five years

 Value of work in hand
 Cash flow forecasting statement
 Proposed Safety Plan.

4.2 Bidders : a) CIDA/ICTAD registration required as a main

Qualification contractor for Building Construction under the
Criteria category of C1 or above.

b) The average annual volume of construction work

performed in last five years shall be Rs. 1440.00
Million.

Amount should be not less than 1.5 times the

annual value of proposed work.

(640 Mn / 8 months) x 12 months x1.5

c) As per the ITB

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 d) Proposals for the timely acquisition (Own, Lease,
Hire etc.) of the essential equipment.

Type Capacity

……………. ……………….

e) Qualifications and experience of the Contracts

Manager: A Chartered Civil Engineer with
minimum 5 years post charter experience in
building construction

f) Minimum amount of liquid assets/credit

facilities, net of other contractual commitments
and exclusive of any advance payments which
may be made under the Contract, shall be not less
than Sri Lankan Rupees Two Hundred and
Forty Million (LKR 240 Million)

Estimated payments flow over a period of 3

months at the average (Straight line distribution)

(640 Mn / 8 months) x 3 months

10.1 Clarification of : Employer’s address for clarification of bidding

Bidding Documents documents is:
Name of officer: EFG De Silva, Director
Address: Ministry of ABC, No. 08, XYZ Road ,
Colombo.
Phone : 0112123456

Facsimile : 0112123457

13.1 Documents : (A) (j) ,

Comprising the Bid (B) (d) Additional Information is:
Technical literature

Tender Documentation By W.M.C.L.K.Wijekoon . 3

14.4 Adjustments for : The Contract is subjected to price adjustment.
change in cost

15.1 Currency of Bid : Insert only if bidders are allowed to bid in foreign
currency for selected items

16.1 Bid Validity : Bids shall remain valid for a period of 147 Days after the
deadline for submission of Bids.

17.1 Amount of Bid : The amount of Bid Security is Rupees Six Million Four
Security Hundred Thousand (LKR. 6,400,000.00).

17.2 Validity of Bid : The Bid Security shall be valid up to 28 Days beyond the
Security period of Bid validity (up to …………….).

19.1 Pre Bid Meeting : Venue, Time and Date of Pre Bid meeting shall be as
follows.
Date: ………………… 2020
Time: 10.00 a.m.
Venue: Ministry of ABC, No. 08, XYZ Road ,
Colombo.

21.2(a) Employer’s Address : Address for the purpose of Bid submission is;
for Bid Submission
Chief Accountant,
Ministry of ABC,
No. 08, XYZ Road ,
Colombo.

21.2(b) Identification : MST/ABC/5

Number of Contract

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22.1 Deadline for : Deadline for submission of Bids is 3.30 p.m. on 29th
submission June 2020.
of Bids

25.1 Bid Opening : Date: 29th June 2020

Time: 3.30 p.m.
Venue: Auditorium, Ministry of ABC, No. 08, XYZ
Road , Colombo.

32 Award : After evaluation of Bids in accordance with the

procedures described under clauses 28, 29, and 30, the
Employer will inform to all the bidders in writing the
selection of the successful bidder and the intention of
contract award to such bidder. The unsuccessful bidders
if they so wish, within 14 Days of such notice may make
representation to the Procurement Appeal Board at the
address given below. Such representation shall be self –
contained to enable the Appeal Board to arrive at a
conclusion and a cash deposit in the amount given below
shall be made. The Appeal Board may request the bidder
who had made representation to submit further evidence
during the investigations. The cash deposit will be
forfeited unless the Employer has changed the original
contract award decision in favour of the bidder who has
made such representation.

Address: The Secretary

Appeal Board

Presidential Secretariat

Colombo 01

Cash Deposit: Rupees 50,000.00

35.1 Amount of : The Standard Form of Performance Security acceptable

Performance to the Employer shall be a Bond or Guarantee issued by a

Tender Documentation By W.M.C.L.K.Wijekoon . 5

 Security commercial bank approved by the Central Bank of Sri
Lanka. The Performance Guarantee or the Performance
Bond shall fully conform to the “Form of Performance
Security (unconditional)” included in the Bidding
Document.
The amount of Performance Security is 5% of the Initial
Contract Price. The Performance Security shall be valid
until 28 days beyond the expected completion date of the
Defects Notification Period.

37 Dispute : Fees and types of reimbursable expenses to be paid to the

Adjudication Board Adjudicator shall be on a case to case basis and shall be
(DAB) shared equally by the Contractor and the Employer.

Delete Clause 37 and add; (DAB).

Within 28 days from the commencement date each of the
parties shall appoint one member to serve on the Dispute
Adjudication Board. (DAB) The parties shall consult
both these members and shall agree upon the third
member, who shall be appointed to act as the chairman.

If either party fails to nominate a member to the DAB or

the parties fail to agree upon the third member or the
parties fail to agree on the appointment of a replacement
person to the DAB, then upon the request of either or
both parties the Construction Industry Development
Authority (CIDA) shall appoint the relevant member to
the DAB.

Tender Documentation By W.M.C.L.K.Wijekoon . 6

 CONTRACT DATA
Conditions of Contract
Clause Reference

1.1.2.2 Employer’s Name : The Secretary,

& 1.3 and address Ministry of ABC,
No. 08,
XYZ Road ,
Colombo.

1.3 Contractor’s Name : Name : ...................................

and Address ........................................
Address :.....................................

1.1.2.4 Engineer`s Name and : Managing Director,

& 1.3 Address PQR Consultants (Pvt) Ltd,
No. 12, STU Road,
Colombo.

1.1.2.9 Replace existing Clause 1.1.2.9 with following

“Dispute Adjudication Board (DAB) means three
persons appointed under Sub-Clause 19.2 or Sub Clause
19.3 of the Conditions of Contract.

1.1.3.3 Time for Completion : Time for Completion is 245 Days.

of the Works

1.1.3.7 Defect Notification : Defect Notification Period is 364 Days

Period

2.1 Right to Access to the : 14 Days after Letter of Acceptance.

Site

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3.1 Engineer’s Duties : The Engineer shall obtain the specific approval of the
and Authority Employer before taking action under the following Sub
Clauses of these Conditions:
(a) Clause 13: Issuing any variation if the effective
value of such variation together with the effective
value of all variations previously issued shall
exceed 10% of the Contract Price except in an
emergency occurs affecting the safety of lives or
Works or adjoining Property.

4.2 Amount of : 5% of the Initial Contract Price. The acceptable form is

Performance Unconditional Bank Guarantee from a commercial bank
Security
approved by the Central Bank of Sri Lanka conforming
to sample format included in the Bidding Document.

8.7 Liquidated damages : 0.1% Initial Contract Price per Day

for the Works

8.7 Maximum amount of : 10% of the Initial Contract Price.

the Liquidated
damage

12.2 (b) Method of : The Methods of Measurement shall be Standard Methods

Measurement of Measurement of Building Works Sri Lanka – S.L.S
573 (1st Revision).

13.4 (b) Percentage for : 10%

Adjustment of
Provisional Sums

13.7 Adjustment for :

Change Indices Input Name Input
In Cost No. Percentage

L1 Skilled Labour 11.62%

M39 Ready Mixed Concrete 10.32%

M13 Reinforcement Steel 9.80%

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 M14 Structural steel 7.81%

L3 Unskilled labour 7.49%

Aluminium Doors,
M36 Windows & Partitions 7.04%

M8 Sand 4.75%

M24 Glass 4.23%

M9 Bricks 4.02%
Precast Concrete
M43 Components 3.94%

P1 Small Equipment 3.68%

M21 Formwork timber 3.65%

M26 Electrical Wires 3.21%

M27 Wall Paint 3.02%

M1 Cement 2.72%

P2 Heavy Equipment 2.70%

Total 90.00%

(c ) Nonadjustable elements shall be:

(I). All Preliminary items in Bill No: 1.

(II). Day works

(III). Variations priced on current rates

(IV). Contingencies

(V). Provisional items stated in Money Provisions Bill

No:7

14.2 Total Advance : 20% of the Initial Contract Price excluding Provisional
Payment Sums and Contingencies.

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14.2 Number and timing : One installment.
of installments

14.3 (c) Percentage of : 10% of cumulative value of work done including the cost
Retention of Variations.

14.3 (c) Limit of Retention : 5% of the Initial Contract Price

Money

14.5 Minimum Amount of : LKR. 40,000,000.00

Interim Payment
Certificates

14.8 Payment of : Add the following text immediately after Clause 14.8 of
Retention General Conditions of Contract as sub-clause 14.8(a).

14.8(a) Alternative Method : On reaching the limit of retention, stated in the Contract
for Payment of
Data under Sub-Clause 14.3, the Contractor may
Retention
substitute full retention money with an unconditional
guarantee acceptable to the Employer to a value equal to
the limit of retention money, and valid up to 28 Days
beyond the end of Defects Notification Period. On
receipt of such guarantee the Employer shall repay the
full retention money. The guarantee will be released to
the Contractor upon the certification of the Engineer that
all defects notified by the Engineer to the Contractor
before the end of this period, have been corrected.

18.2 Third Party : The amount of insurance per occurrences is;

Insurance Rupees Five Million (LKR. 5,000,000.00)

19 Claims, Disputes and Replace Sub Clause Nos. 19.2, 19.3, 19.4 and 19.5 by the
Arbitration following sub clauses.

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19.2 Appointment of the : Any disputes of whatever nature arising out of or in
Dispute Adjudication relation to this agreement shall in the first instance be
Board
referred to a Dispute Adjudication Board (DAB) for
decision in accordance with Sub- Clause 19.4 [Obtaining
Dispute Adjudication Board’s Decision]. The parties
shall appoint a DAB within 28 days from the
Commencement Date.

The DAB shall comprise, three suitably qualified person

(“the member”) , who shall be a professional experienced
in the type of construction involved in the works and
with the interpretation of contractual documents, one of
whom shall serve as chairman.

Within 28 Days from the Commencement Date each of

the Parties shall appoint one member to serve on the
Dispute Adjudication Board (DAB). The Parties shall
consult both these members and shall agree upon the
third member, who shall be appointed to act as the
chairman.

The agreement between the parties shall incorporate by

reference to the General Conditions of Dispute
Adjudication Agreement with such amendments as are
agreed between them.

The terms of the remuneration of the three members,

including the remuneration of any expert whom the DAB
consultants, shall be mutually agreed upon by the parties
when agreeing the terms of appointment of the member
or such expert (as the case may be). Each party shall be
responsible for paying one-half of this remuneration.

If the Adjudicator declines to act as a result of death,

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 disability, resignation or termination of appointment, a
replacement shall be appointed in the same manner as the
replaced person was required to have been nominated or
agreed upon, as described in this Sub- Clause.

The appointment of the Adjudicator may be terminated

by mutual agreement of both parties, but not by the
Employer or the Contractor acting alone. Unless
otherwise agreed by both parties, the appointment of the
DAB shall expire when the discharge referred to in Sub-
Clause 14.11 [Discharge] shall have been effective.

19.3 Failure to agree on : If any of the following conditions apply, namely:

the Composition of
The parties fail to appoint an Adjudicator within the
the Dispute
Adjudication Board required period
The parties fail to agree upon the appointment of a
replacement person within 42 days after the date on
which the Adjudicator declines to act as a result of death,
disability, resignation or termination of appointment.

Then the Construction Industry Development Authority

(CIDA) shall, upon the request of either or both of the
parties and after due consultation with both parties,
appoint a member of the DAB. This appointment shall be
final and conclusive. Each party shall be responsible for
paying one half of the expenses/ disbursements incurred
by CIDA.

19.4 Obtaining Dispute : If a dispute (of any kind whatsoever) arises between the
Adjudication Parties in connection with, or arising out of, the Contract
Board’s Decision
or the execution of the works, including any dispute as to
any certificate, determination, instruction, opinion or
valuation of the Engineer, either party may refer the

Tender Documentation By W.M.C.L.K.Wijekoon . 12

 dispute in writing to the DAB for its decision, with
copies to the other Party and the Engineer. Such
reference shall state that it is given under this Sub-
Clause.

The DAB shall deem to have received such reference on

the date when it is received by the chairman of the DAB.

Both Parties shall promptly make available to the DAB

all such additional information, further access to the site,
and appropriate facilities, as the DAB may require for the
purposes of making a decision on such dispute. The DAB
shall be deemed to be not acting as an arbitrator.

Within 84 Days after receiving such reference, or within

such other period as may be proposed by the DAB and
approved by both Parties, the DAB shall give its
decision, which shall be reasoned and shall state that it is
given under this Sub-Clause. The decision shall be
binding on both Parties, who shall promptly give effect
to it unless and until it shall be revised in an amicable
settlement or an arbitral award as described below.
Unless the Contract has already been abandoned,
repudiated or terminated, the Contractor shall continue to
proceed with the works in accordance with the Contract.

If either Party is dissatisfied with the DAB’s decision,

then either Party may, within 28 Days after receiving the
decision, give notice to the other Party of its
dissatisfaction and intention to commence arbitration. If
the DAB fails to give its decision within the period of 84
Days (or as otherwise approved) after receiving such
reference, then either Party may, within 28 Days after
this period has expired, give notice to the other Party of

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 its dissatisfaction and intention to commence arbitration.

In either event, this notice of dissatisfaction shall state

that it is given under this Sub-Clause, and shall set out
the matter in dispute and the reason(s) for dissatisfaction.
Except as stated in Sub-Clause 19.5 [Failure to Comply
with Dispute Adjudication Board’s Decision] and Sub-
Clause 19.6 [Expiry of Dispute Adjudication Board’s
Appointment], neither Party shall be entitled to
commence arbitration of a dispute unless a notice of
dissatisfaction has been given in accordance with this
Sub-Clause.

If the DAB has given its decision as to a matter in

dispute to both Parties, and no notice of dissatisfaction
has been given by the either Party within 28 Days after it
received the DAB’s decision, the decision shall become
final and binding upon both Parties.

19.5 Failure to Comply : In the event that a Party fails to comply with a DAB
with Dispute decision which has become final and binding, then the
Adjudication
other Party may, without prejudice to any other rights it
Board’s Decision
may have, refer the failure itself to arbitration under Sub-
Clause 19.7 [Arbitration]. Sub-Clause 19.4 [Obtaining
Dispute Adjudication Board’s Decision shall not apply to
this reference.

19.6 Expiry of Dispute : If a dispute arises between the Parties in connection with,
Adjudication or arising out of, the Contract or the execution of the
Board’s
Works and there is no DAB in place, whether by reason
Appointment
of the expiry of the DAB’s appointment or otherwise:
a) Sub-Clause 19.4 [Obtaining Dispute Adjudication
Board’s Decision] shall not apply, and
b) The dispute may be referred directly through

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 Arbitration under Sub-Clause 19.7 [Arbitration]

19.7 Arbitration Section 3-Conditions of Contract, Sub Clause 19.5 item

(a), (b) and (c) applicable for this Sub Clause.

19.7.1 Composition of the : The arbitral tribunal shall consist of a sole arbitrator who
Arbitral Tribunal shall be appointed in the manner provided in the
Selection Procedure as given below.

19.7.2 Selection procedure : The Party desiring arbitration shall nominate three
arbitrators out of which one to be selected by the other
Party within 21 Days of the receipt of such nomination.
If the other Party does not select one to serve as
Arbitrator within the stipulated period then the Arbitrator
shall be appointed in accordance with the arbitration
ACT No.11 of 1995, or any amendments thereof.

19.7.3 Venue & Language : The venue of arbitration shall be in Colombo,Sri Lanka.
Unless otherwise agreed to by the Parties the proceedings
shall be conducted and the award shall be rendered in the
English language.

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 Bidding Document Contract Document
18  Invitation for Bids  Agreement
Volume 01
 Letter of Acceptance
 Section 01: Instructions to Bidders
 MOU if any
 Section 03: Conditions of Contract  Section 03: Conditions of Contract

 Section 05: Standard Forms  Section 04-Contract Data *

(Contract)
 Section 05: Standard Forms
Volume 02 (Contract)
 Section 02: Bidding Data
 Section 06: Specifications
 Section 04: Contract Data
 Section 07: Form of Bid
 Section 06: Specifications
 Section 07: Form of Bid  Section 08: Bills of Quantities
 Section 08: Bills of Quantities  Section 10: Drawings
 Section 09: Schedules
 Section 10: Drawings
 Section 11: Standard Forms (Bid)
Tender Documentation by W.M.C.L.K. Wijekoon
 The End

19
Thank you

Tender Documentation by W.M.C.L.K. Wijekoon