e-D&B Works - Single Tage Without Prequalification (One Envelope

Procurement Policy Office
(Established under section 4 of the Public Procurement Act 2006)
Ref: DB/EPROC/SSOEWP/03-22
STANDARD BIDDING DOCUMENTS
Design–Build
for
Works Contract
(Single stage, one envelope)
(for use on the e-Procurement System)

Ministry of Finance, Economic Planning and Development
March 2022
AMENDMENTS TO DOCUMENT DATED 18 MARCH 2022
Section III Evaluation and Qualification Criteria

Clause 2 (Amended)
Sub-clause 2.3.1 (Amended)
AMENDMENTS TO DOCUMENT DATED 10 JANUARY 2022
Section IInstructions to Bidders

Sub-clause 5.3 (Amended)
Sub-clause 2.4.1 (Amended)
Section VII Particular Conditions (PC)
Sub-clause 14.7, 15.2 & 15.5 (Added)
Foreword
The Standard Bidding Documents in this publication follow the Standard Bidding Documents of
the World Bank and that of Millennium Challenge Corporation (MCC). They have been
prepared pursuant to section 7(c) of the Public Procurement Act 2006 for use by public bodies
for procurement of Design-Build Works including building construction. These documents may
be used for National Open Advertised Bidding (OAB) and International Competitive Bidding
(ICB). They are to be used without prequalification.
Those wishing to submit comments or suggestions on the Bidding Documents or to obtain

additional information on procurement in Mauritius are encouraged to contact:
The Director
Ministry of Finance, Economic Planning and Development
Level 8, Emmanuel Anquetil Building, Port Louis, Mauritius
Tel: No. (+230)201-3760 & Fax: No. (+230)201-3758
Email: [email protected]
Preface
These Standard Bidding Documents (SBDs) are intended to serve as a model for Design-
Build type of contracts for works. The procedures and practices presented in the documents
should be helpful in the drafting of bidding documents for works.
1. Public bodies may choose from four models of SBDs namely:

(a) Design and Build Single Stage (One envelope)
(b) Design and Build Single Stage ( two envelopes)
(c) Design and Build Two Stage (One plus One envelope), and
(d) Design and Build Two Stage ( Two plus One envelope)
The SBDs listed in (a) and (b) above allow public bodies to use them for a bidding process
with or without pre-qualification.
2. This SBD is for procurement with contractor’s design to meet the requirements of the Client
in accordance with a defined set of parameters. The General Conditions of Contract for
works execution shall be that of FIDIC - Plant and Design Build First Edition 1999.
Part I of the General Conditions of the FIDIC contract is copyrighted. Bidders should
procure their own copy. The proposed changes for Part II – Particular Conditions of
Application should be reviewed and amended by the Client to adapt to the project for which
bids are invited.
3. Public bodies may conduct the evaluation process basically on technical conformity,
qualifications, experience and evaluated cost to arrive at the lowest evaluated substantially
responsive bid, or use a marking system for comparing the Technical and Financial
Proposals of bids that are substantially responsive to determine the succesful bidder
qualified to execute the works.
The weightage in respect of the Technical Proposal and the Financial Proposal should be
well balanced to reflect their relative importance depending on the specific characteristics of
projects.
4. Procurement for projects under Design-Build shall be conducted in the same manner as
specified for procurement of Works under the Public Procurement Act 2006 and the
Public Procurement Regulations 2008.
5. (a) Single Stage one-envelope bidding procedure: In the Single Stage one-envelope
bidding procedure, bidders shall submit one envelope containing the Financial Proposal
and the Technical Proposal. The envelope is opened in the presence of bidders’
representatives who choose to attend. The total amount of the bid and other relevant details
are read out and recorded. The bid is evaluated and the award of contract is made to the
lowest evaluated substantially responsive bidder.
The Single Stage one-envelope bidding procedure may be utilized for contracts where the
civil works content is very high and the design is related to conventional type of works.
This option assumes that the procurement has been conducted following prequalification.
(b) Single Stage two-envelope bidding procedure: The Single Stage two-envelope
bidding procedure provides for the submission of technical and financial proposals in two
separate envelopes at the time of bid submission. At the time of bid opening only the
technical proposals are opened while the financial proposals are kept secured. Following
evaluation of the technical proposals, only the financial proposals of those bidders having
scored at least the pass mark for the technical proposals and are otherwise responsive shall
be opened in the presence of those bidders. The successful bidder is chosen based on the
bid having scored the highest composite marks. Alternatively, the evaluation may also be
based on the basis of the Technical proposal being responsive and the lowest evaluated
Financial Proposal. The use of the two envelopes system is preferred where the design
concept and other technical requirements are of an advanced stage and the assessment of
the technical proposal has a higher weightage in comparing the bids.
This process may be used with or without a prequalification.
(c) Two Stage bidding: The Two Stage bidding provides for two workflows- one
with only the technical submitted in the first stage followed by the submission of the
revised technical and commercial offers at the second stage from bidders shortlisted at the
first stage.
The other workflow consists of the submission of the technical and commercial proposals
in separate envelopes at the first stage of bidding, and shortlisted bidders following
assessment of the technical proposals are invited to submit a revised technical proposal
along with the additional cost for the changes in the technical proposals. The commercial
envelope submitted at the first stage is opened along with the bid submission at the second
stage.
6. Notwithstanding the above, where a public body considers that the project under reference is
not complex and is below the prescribed threshold for mandatory pre-qualification, it may
opt to use the bidding documents for the single stage without prequalification (Circular No.
9 of 2012 refers).
7. Any prequalification process prior to the Invitation of Bids through a Single stage one
envelope or a Single stage two envelopes workflow should be carried out using the Standard
Prequalification Document for Design and Build Works available on PPO’s website.
Summary Description
This Standard Bidding Document for Procurement of Design-Build (“SBD-DB”) shall be used
when following Competitive Bidding procedures to procure contracts for works which are to be
designed largely by the Contractor who will then construct the works in accordance with the
approved designs. This SBD is to be used without prequalification. A brief description of this
SBD-DB is given below.
Standard Bidding Document for Procurement of Design-Build
PART 1 – BIDDING PROCEDURES

Definitions: This section lists and defines terms that are used in Part 1 and appear in initial
capitalization.
Section I Instructions to Bidders (ITB)

This section provides information to help Bidders prepare their Bids and describes
the procedures for the submission, opening, and evaluation of Bids and the award
of Contracts. The text of the clauses in this section shall not be modified.
Section II Bid Data Sheet (BDS)
This section sets out the particular requirements for the specific procurement and
supplements the information included in Section I, Instructions to Bidders.
This section describes the criteria and requirements to determine the lowest
evaluated responsive Bid and the qualifications of the Bidder to perform the
Contract.
Section IV Response Templates
This section provides the forms which are to be completed by the Bidder and
submitted as part of its Bid.
PART 2 – EMPLOYER’S REQUIREMENTS
Section V Employer’s Requirements

This section contains the volumes of information that more fully describe the
Works to be designed and constructed and includes the following sub-sections:
Schedule of Prices
Employer’s Requirements
Drawings
PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VI General Conditions of Contract (GCC)
This section contains the form of Contract to be entered into by public bodies for
the design and construction of Design-Build projects. The General Conditions of
Contract that shall be used with this Standard Bidding Document are the
FIDIC Conditions of Contract for Plant and Design-Build, First Edition, 1999,
prepared and copyrighted by the International Federation of Consulting Engineers
(Fédération Internationale des Ingénieurs-Conseils, or “FIDIC”).
Section VII Particular Conditions of Contract (PCC)

This section contains particular conditions of contract that have been developed
by Millennium Challenge Corporation (MCC) to supplement the GCC. Public
bodies may amend these clauses to reflect their specific requirements.
Section VIII Annex to the Particular Conditions - Contract Forms

This section contains forms which, once completed, will be part of the Contract.
The forms for Letter of Acceptance, Contract Agreement, Performance
Security, Preference Security, Advance Payment Security and Retention
Money Guarantee, when required, shall be completed only by the successful
Bidder after Contract award.
viii
BIDDING DOCUMENTS
Issued on: ____________________
for
Procurement of
[insert identification of the Works]
____________________________
_______________________________
OAB No: [insert OAB number]
Project: [insert name of Project]
Employer: [insert name of Employer]

ix
Online Tendering
The Installation, Commissioning and Operational Acceptance of the e-Procurement

System of the Republic of Mauritius has been achieved since 31 July 2017.
The e-Procurement System allows for invitation for bids, downloading of bidding
documents, request for clarification from suppliers, response to clarification and issue of
addendum, submission of bids, closing of bids, bid opening, evaluation of bids and award of
contract to be done online.
The process for Challenge and Review shall continue to be offline for some time.
Suppliers are hereby advised that it is a mandatory condition to have a digital

certificate issued by a Certifying Authority licensed by the Republic of Mauritius to respond
to any Invitation for Bid on the e-Procurement System. Further information may be obtained
from the Supplier’s User Guide attached to this bidding document.
x
Table of Contents
PART 1 – Bidding Procedures 1
Section I. Instructions to Bidders 3
Section II. Bid Data Sheet 32
Section III. Evaluation and Qualification Criteria 39
Section IV. Response Templates 52
PART 2 –Employer’s Requirements 87

Section V. Employer’s Requirements 87
PART 3 – Conditions of Contract and Contract Forms 94

Section VI. General Conditions (GC)95
Section VII. Particular Conditions (PC) 97
Section VIII. Annex to the Particular Conditions - Contract Forms 117
PART 1 – BIDDING PROCEDURES
1-1
Invitation for Bids (IFB)

(Authorised under Section 16 of the Public Procurement Act 2006)
Press Notice
Procurement Ref. No:

1. The [insert name of public body] is inviting bids from eligible bidders of Mauritian nationals
or entities incorporated in Mauritius/opened to local and international bidders [public body to
customise] through the Government eProcurement System for the [insert project
description]
2. Bidding documents may be downloaded from the eProcurement System

https://eproc.publicprocurement.govmu.org. Reference Number on the system: [insert System
Reference Number]
3. Bids must be submitted online on the eProcurement System at latest by [insert day, date,
month and year] up to [insert time in hours] (Local Time).
4. Bidders who have submitted bids online by the closing date and time shall decrypt and re-
encrypt their bids from [insert day, date, month and year] from [insert time in hours] till [insert
day, date, month and year] up to [insert time in hours].
5. Bids will be opened online in the presence of the bidders’ representatives who choose to
attend at the address given hereunder on [insert day, date, month and year] up to [insert time in
hours]
[insert address, floor level and room as appropriate]
6. The [insert name of public body] reserves the right to accept or reject any bid and to annul the
bidding process and reject all bids at any time prior to award of the Contract, without thereby
incurring any liability to any Bidder.
[insert date]
Section I. Instructions to Bidders
Table of Clauses
A. General 5
1. Scope of Bid 7
2. Source of Funds 7
3. Public Entities Related to Bidding Documents & Challenge & Appeal 7
4. Fraud and Corruption 8
5. Eligible Bidders 10
6. Eligible Materials, Equipment, and Services 13
B. Contents of Bidding Documents 13

7. Sections of Bidding Documents 13
8. Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting 14
9. Amendment of Bidding Documents 15
C. Preparation of Bids 16
10. Cost of Bidding 16
11. Language of Bid 16
12. Documents Comprising the Bid 16
13. Alternative Bids 17
14. Bid Submission Form and Schedules 18
15. Bid Prices and Discounts 18
16. Currencies of Bid and Payment 19
17. Documents Comprising the Technical Proposal 19
18. Documents Establishing the Qualifications of the Bidder 19
19. Period of Validity of Bids 20
20. Bid Security 20
21. Format and Signing of Bid 22
D. Submission and Opening of Bids 22

22. Sealing and Marking of Bids 22
23. Deadline for Submission of Bids 23
24. Late Bids 23
25. Withdrawal, Substitution, and Modification of Bids 23
26. (i) Decryption and Re-encryption 24
(ii) Bid Opening 24
E. Evaluation and Comparison of Bids 25

27. Confidentiality 25
28. Clarification of Bids 25
29. Deviations, Reservations, and Omissions 25

30. Determination of Responsiveness 25
31. Nonmaterial Nonconformities 26
32. Correction of Arithmetical Errors 27
33. Conversion to Single Currency 27
34. Margin of Preference 27
35. Evaluation of Bids 27
36. Comparison of Bids 28
37. Qualification of the Bidder 29
38. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids 29
F. Award of Contract 29
39. Award Criteria 29
40. Notification of Award 29
41. Signing of Contract 30
42. Performance Security 30
43. Commencement Date 31
44. Debriefing 31
Section I. Instructions to Bidders

A. General
In Parts 1 (Bidding Procedures) and 2 (Employer’s
Requirements) of this Bidding Document, the following words
and expressions shall have the meanings stated. These
definitions shall not apply to any words or expressions in the
sections that make up Part 3 (Conditions of Contract and
Contract Forms) of this Bidding Document, in which such
words and expressions shall have the meanings stated in GCC
Sub-Clauses 1.1 and 1.2 unless otherwise specified.
(a) “Appendix to Bid” means the completed pages of the

form with the heading “Appendix to Bid” included in
Section IV (Response Templates) which are made a part
of the Bidder’s Bid.
(b) “Commencement Date” means the date for the
commencement of the Works as notified under GCC Sub-
Clause 8.1.
(c) “Contract” means the contract proposed to be entered into
between the Employer and the Contractor, including all of
the documents specified in GCC Sub-Clause 1.1.1.1 and
any attachments, appendices, and all documents
incorporated by reference therein.
(d) “Contract Agreement” means the completed form with the
heading “Form of Contract Agreement” included in
Section IX (Annex to the Particular Conditions – Contract
Forms) which will be issued by the Employer with the
Letter of Acceptance.
(e) “Contract Price” means the price defined in GCC Sub-
Clause 14.1 and includes adjustments in accordance with
the Contract.
(f) “Contractor” means the entity(ies) or person(s), which is
responsible for providing the Works to the Employer
under the Contract.
(g) “Design Proposal” means the document titled Design
Proposal, which is made part of the Bidder’s Bid.
(h) “Employer” means the entity referenced in ITB 1.1, the
party with which the Contractor signs the Contract for the
provision of the Works.

(i) “Engineer” means the person appointed by the Employer
to act as the Engineer for the purposes of the Contract.
(j) “General Conditions of Contract” or “GCC” means the
Conditions of Contract for Plant and Design-Build, First
Edition, 1999, prepared and copyrighted by the
International Federation of Consulting Engineers
(Fédération Internationale des Ingénieurs-Conseils) and
licensed to MCC.
(k) “Government” means the government of the Republic of
Mauritius.
(l) “HSMP” means the Health and Safety Management Plan
prepared by the Contractor and approved by the Engineer
under the Contract.
(m) “Letter of Acceptance” means the completed form with
the heading “Form of Letter of Acceptance” included in
Section IX (Annex to the Particular Conditions – Contract
Forms) which will be issued by the Employer with the
Contract Agreement.
(n) “Letter of Bid” means the completed form with the
heading “Form of Letter of Bid” included in Section IV
(Response Templates) which are made a part of the
Bidder’s Bid.
(o) “Performance Security” means the security the Contractor

must furnish in accordance with GCC Sub-Clause 4.2.
(p) “Provisional Sums” means an amount (if any) which is
specified in the Bid as a provisional estimate in cases in
which the full extent or nature of the work is not yet
known for the proposed execution of any part of the
Works or for the supply of plant, materials or services as
may be instructed by the Engineer under GCC Sub-Clause
13.5.
(q) “Schedule of Prices” means a schedule which may
include one or more Bills of Quantities, and shall contain
an itemized description and listing of the quantities of
Works to be performed or listing of the milestones to be
completed.
(r) “Site” means the place identified in the Employer’s
Requirements where the Works are to be executed.

(s) “Technical Offer” means the technical information
provided as part of the Bidder’s Bid in accordance with
ITB 17.1.
(t) “Works” means what the Contract requires the Contractor
to construct, install, and hand over to the Employer.
1. Scope of Bid 1.1 The Employer as identified in the BDS has issued an
Invitation for Bids along with this Bidding Document for the
procurement of the design and construction of Works as
specified in Part 2, Employer’s Requirements. The winner
will be selected according to the Open Advertised Bidding
(open for local and overseas contractors) also referred to
(OAB) in accordance with Section III, Evaluation
Qualification Criteria. The name, identification, and number
of lots of this procurement are provided in the BDS.
1.2 Throughout these Bidding Documents:
1. the term “in writing” means communicated in written
form and delivered against receipt and includes online
bidding through the e-Procurement System of the
Government of Mauritius;
2. except where the context requires otherwise, words

indicating the singular also include the plural and words
indicating the plural also include the singular; and
3. “day” means calendar day.
2. Source of Funds 2.1 The Works shall be financed by the public body’s own
budgetary allocation, unless otherwise stated in the BDS.

3. Public Entities 3.1 The public entities related to these bidding documents are the
Related to Bidding public body, acting as procurement entity(Employer), the
Documents & Procurement Policy Office, in charge of issuing standard
Challenge & bidding documents and responsible for any amendment these
Appeal may require, the Central Procurement Board in charge of
vetting Bidding document, receiving and evaluation of bids
in respect of major contracts and the Independent Review
Panel, set up under the Public Procurement Act 2006
(hereinafter referred to as the Act.)
3.2 Sections 43, 44 and 45 of the Act provide for Challenge and
Review mechanism. Unsatisfied bidders shall follow
procedures prescribed in Regulations 48, 49 and 50 of the
Public Procurement Regulations 2008 to challenge
procurement proceedings and award of procurement
contracts or to file application for review at the Independent
Review Panel, if so required.
3.3 Challenges and Applications for Review shall be forwarded to the
addresses indicated in the BDS;
4. Fraud and 4.1 It is the policy of the Government of the Republic of

Corruption Mauritius to require Public Bodies, as well as bidders,
suppliers, and contractors and their agents (whether declared
or not), personnel, subcontractors, sub-consultants, service
providers and suppliers, observe the highest standard of
ethics during the procurement and execution of contracts. 1
In pursuance of this policy, the Government of the Republic
of Mauritius:
(a)defines, for the purposes of this provision, the terms set
forth below as follows:
(i) “corrupt practice” is the offering, giving, receiving
or soliciting, directly or indirectly, of anything of
value to influence improperly the actions of
another party2;
(ii) “fraudulent practice” is any act or omission,
including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party
1
In this context, any action taken by a bidder, supplier, contractor, or any of its personnel, agents, sub-
consultants, sub-contractors, service providers, suppliers and/or their employees to influence the procurement
process or contract execution for undue advantage is improper.
2
“Another party” refers to a public official acting in relation to the procurement process or contract execution.
In this context, “public official” includes Employer’s staff and employees of other organizations taking or
reviewing procurement decisions.
to obtain a financial or other benefit or to avoid an

obligation; 3
(iii) “collusive practice” is an arrangement between
two or more parties4 designed to achieve an
improper purpose, including to influence
improperly the actions of another party;
(iv) “coercive practice” is impairing or harming, or
threatening to impair or harm, directly or
indirectly, any party5 or the property of the party to
influence improperly the actions of a party;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the
investigation or making false statements to
investigators in order to materially impede
the Employer’s investigation into allegations
of a corrupt, fraudulent, coercive or collusive
practice; and/or threatening, harassing or
intimidating any party to prevent it from
disclosing its knowledge of matters relevant
to the investigation or from pursuing the
investigation, or
(bb) acts intended to materially impede the
exercise of the Employer’s inspection and
audit rights provided for under sub-clause 4.2
below.
(b) will reject a proposal for award if it determines that the
Bidder recommended for award has, directly or through
an agent, engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices in competing for the
contract in question;and
(c)will sanction a firm or an individual, at any time, in
accordance with prevailing legislations, including by
publicly declaring such firm or individual ineligible, for
a stated period of time: (i) to be awarded a public
contract; and (ii) to be a nominatedb sub-contractor,
3
“Party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or
contract execution; and the “act or omission” is intended to influence the procurement process or contract
execution.
4
“Parties” refers to participants in the procurement process (including public officials) attempting to establish
bid prices at artificial, non competitive levels.
5
“Party” refers to a participant in the procurement process or contract execution.
consultant, manufacturer or supplier, or service provider

of an otherwise eligible firm being awarded a public
contract.
4.2 In further pursuance of this policy, Bidders shall permit the

Employer to inspect any accounts and records and other
documents relating to the Bid submission and contract
performance, and to have them audited by auditors appointed
by the Employer.
4.3 Bidders, suppliers and Public officials shall also be aware of
the provisions stated in sections 51 and 52 of the Public
Procurement Act which can be consulted on the website of
the Procurement Policy Office (PPO): ppo.govmu.org
4.4 The Employer commits itself to take all measures necessary
to prevent fraud and corruption and ensures that none of its
staff, personally or through his/her close relatives or through
a third party, will in connection with the bid for, or the
execution of a contract, demand, take a promise for or
accept, for him/herself or third person, any material or
immaterial benefit which he/she is not legally entitled to. If
the Employer obtains information on the conduct of any of
its employees which is a criminal offence under the relevant
Anti-Corruption Laws of Mauritius or if there be a
substantive suspicion in this regard, he will inform the
relevant authority(ies)and in addition can initiate
disciplinary actions.Furthermore, such bid shall be rejected.
5. Eligible Bidders 5.1 A Bidder, and all parties constituting the Bidder and any
subcontractors and suppliers for any part of the Contract,
including related services, may have the nationality of any
country except in the case of open national bidding where
the bidding documents may limit participation to citizens
of Mauritius or entities incorporated in Mauritius, if so
qualified in the BDS.
5.2 A Bidder shall be deemed to have the nationality of a

country if the Bidder is a citizen or is constituted,
incorporated and operates in conformity with the
provisions of the laws of that country. This criterion shall
also apply to the determination of the nationality of
proposed subcontractors or suppliers for any part of the
b
A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names
are used depending on the particular bidding document) is one which either has been: (i) included by the
bidder in its pre-qualification application or bid because it brings specific and critical experience and know-
how that are accounted for in the evaluation of the bidder’s pre-qualification application or the bid; or (ii)
appointed by the Employer.
Contract including related Services.
5.3 (a) In accordance with CIDB Act 2008, Consultants,

Contractors and Sub-contractors, whether local or foreign
under an existing or intended joint venture operating in the
construction industry have the statutory obligation to be
registered with the Construction Industry Development
Board (CIDB), as appropriate, prior to bidding for the
project.
(b) Bidders are strongly advised to consult the website of

the CIDB (cidb.govmu.org) for further details concerning
registration of contractors.
Joint Venture
5.4 A Bidder may be a natural person, private entity,
government-owned entity—subject to ITB 5.6—or any
combination of such entities in the form of a joint venture or
association (JVA) 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 or association:
(a)unless otherwise specified in the BDS, all members
shall be jointly and severally liable for the execution of
the Contract in accordance with the Contract terms, and
(b)the JVA 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 JVA during the bidding
process and, in the event the JVA is awarded the
Contract, during contract execution.
Conflicts of Interest 5.5 A Bidder shall not have a conflict of interest. All Bidders
found to have a conflict of interest shall be disqualified. A
Bidder may be considered to have a conflict of interest with
one or more parties in this bidding process, if :
(a) they have at least one controlling member in common; or
(b) they receive or have received any direct or indirect
subsidy from any of them; or
(c) they have the same legal representative for purposes of
this bid; or
(d) they have a relationship with each other, directly or
through common third parties, that puts them in a
position to have access to information about or influence
on the bid of another Bidder, or influence the decisions

of the Employer regarding this bidding process; or
(e) a Bidder participates in more than one bid in this bidding
process. Participation by a Bidder in more than one Bid
will result in the disqualification of all Bids in which
such Bidder is involved. However, this does not limit
the inclusion of the same subcontractor in more than one
bid; or
(f) a Bidder participated as a consultant in the preparation of
the design or technical specifications of the works that
are the subject of the bid;
(g) a Bidder or any of its affiliates has been hired (or is
proposed to be hired) by the Employer as Engineer for
the Contract implementation.
5.6 (a) A firm that has been sanctioned by the Government of
the Republic of Mauritus in accordance with the above ITB
4.1 (c) shall be ineligible to be awarded a public contract, or
benefit from a public contract during such period of time as
determined by the Procurement Policy Office.
(b)A firm that is under a declaration of ineligibility by the
Government of Mauritius in accordance with applicable
laws at the date of the deadline for bid submission and
thereafter shall be disqualified.
(c)Bids from contractors appearing on the ineligibility lists

of African Development Bank, Asian Development Bank,
European Bank for Reconstruction and Development, Inter-
American Development Bank Group and World Bank
Group shall be rejected.
Links for checking the ineligibility lists are available on

the PPO’s website: ppo.govmu.org
Government-Owned 5.7 Government-owned entities in the Republic of Mauritius

Enterprises shall be eligible only if they can establish that they are
legally and financially autonomous and operate under
commercial law. Also, they shall not be dependent agencies
of the Employer.
5.8 Bidders shall provide such evidence of their continued
eligibility satisfactory to the Employer, as the Employer
shall reasonably request.
5.9 Bidders shall be excluded if:

(a) as a matter of law or official regulation, the Republic of
Mauritius prohibits commercial relations with that
country; or
(b) 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 Republic of Mauritius
prohibits any import of goods or contracting of Works or
services from that country or any payments to persons
or entities in that country.
5.9 This bidding is open only to prequalified Bidders, if it
follows an open advertised prequalification.
6. Eligible 6.1 The materials, equipment and services to be supplied under
Materials, the Contract may have their origin in any country. At the
Equipment, and Employer’s request, Bidders may be required to provide
Services evidence of the origin of materials, equipment and services.
B. Contents of Bidding Documents

7. Sections of 7.1 The Bidding Documents consist of Parts 1, 2, and 3, which
Bidding Documents include all the Sections indicated below, and should be read in
conjunction with any Addenda issued in accordance with ITB
9.
PART 1 Bidding Procedures
 Section I. Instructions to Bidders (ITB)
 Section II. Bid Data Sheet (BDS)
 Section III. Evaluation and Qualification Criteria
 Section IV. ResponeTemplates
PART 2 Works Requirements
 Section V. Employer’s Requirements
PART 3 Conditions of Contract and Contract Forms
 Section VI. General Conditions (GC)
 Section VII. Particular Conditions (PC)
 Section VIII. Annex to the Particular Conditions -
Contract Forms
7.2 The Invitation for Bids issued by the Employer is not part of
the Bidding Documents.
7.3 The Employer is not responsible for the completeness of the

Bidding Documents and their addenda, if they were not
obtained directly from the source stated by the Employer in
the Invitation for Bids.
7.4 The Bidder is expected to examine all instructions, forms,

terms, and specifications in the Bidding Documents. Failure
to furnish all information or documentation required by the
Bidding Documents may result in the rejection of the bid.
8. Clarification of 8.1 A prospective Bidder requiring any clarification of the

Bidding Bidding Document shall contact the Employer using the
Documents, Site online clarifications feature available in the e-Procurement
Visit, Pre-Bid System or raise his inquiries during the pre-bid meeting if
Meeting provided for in accordance with ITB 8.4. The Employer will
respond online to any request for clarification within seven
days, provided that such request is received no later than
fourteen (14) days prior to the deadline for submission of
bids. The e-Procurement System shall alert all those who
have responded to the Bidding Documents online of any
clarification issued by the Employer.The clarification shall
include a description of the inquiry but without identifying
its source. Should the clarification result in changes to the
essential elements of the Bidding Documents, the Employer
shall amend the Bidding Documents following the procedure
under ITB 9 and ITB 23.2.
8.2 The Bidder is advised to visit and examine the Site of Works
and its surroundings and obtain for itself on its own
responsibility all information that may be necessary for
preparing the bid and entering into a contract for
construction of the Works. The costs of visiting the Site
shall be at the Bidder’s own expense.
8.3 The Bidder and any of its personnel or agents will be
granted permission by the Employer to enter upon its
premises and lands for the purpose of such visit, but only
upon the express condition that the Bidder, its personnel,
and agents will release and indemnify the Employer and its
personnel and agents from and against all liability in respect
thereof, and will be responsible for death or personal injury,
loss of or damage to property, and any other loss, damage,
costs, and expenses incurred as a result of the inspection.
8.4 The Bidder’s designated representative is invited to attend a
pre-bid meeting, if provided for in the BDS. The purpose
of the meeting will be to clarify issues and to answer
questions on any matter that may be raised at that stage.

8.5 The Bidder is requested, as far as possible, to submit any
question through the clarification feature on the
e-Procurement system, to reach the Employer not later than
one week before the meeting.
8.6 Minutes of the pre-bid meeting, including the text of the
questions raised, without identifying the source, and the
responses given, together with any response prepared after
the meeting, will be transmitted promptly online to all
Bidders who have acquired the Bidding Document in
accordance with ITB 7.3. Any modification to the Bidding
Document that may become necessary as a result of the pre-
bid meeting shall be made by the Employer exclusively
through the issue of an addendum online pursuant to ITB 9
and not through the minutes of the pre-bid meeting.
8.7 Nonattendance at the pre-bid meeting or the site visit will
not be a cause for disqualification of a Bidder.
9. Amendment of 9.1 At any time prior to the deadline for submission of bids (bid
Bidding Documents preparation and hash submission deadline), the Employer
may amend the Bidding Document by issuing addenda.
9.2 Any addendum issued shall be part of the Bidding
Document and shall be communicated online to all who
have obtained the Bidding Document from the Employer in
accordance with ITB 7.3.
9.3 To give prospective Bidders reasonable time in which to
take an addendum into account in preparing their bids, the
Employer may, at its discretion, extend the deadline for the
submission of bids (bid preparation and hash submission),
pursuant to ITB 23.2.
C. Preparation of Bids
10. Cost of Bidding 10.1 The Bidder shall bear all costs associated with the
preparation and submission of its Bid, and the Employer
shall not be responsible or liable for those costs, regardless
of the conduct or outcome of the bidding process.
11. Language of 11.1 The Bid, as well as all correspondence and documents
Bid relating to the bid exchanged by the Bidder and the
Employer, shall be written in English. 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 in English, in
which case, for purposes of interpretation of the Bid, such

translation shall govern.
11.2 Notwithstanding the above, documents in French submitted
with the bid may be accepted without translation.
12. Documents 12.1 The Bid shall be submitted online through the
Comprising the Bid e-Procurement system and shall comprise the following:
(a) Bid Submission Form and Appendix to Bid by filling
in the response template online;
(b) all other Response Templates in accordance with
Section IV, Response Templates, including online
filling of prices in the Schedule of Prices, in
accordance with ITB 13 and 15;
(c) a scanned copy of the original Bid Security online or a
subscription to the Bid Securing Declaration
incorporated in the Bid Submission Form online as
applicable, in accordance with ITB 20;
(d) an uploaded scanned copy of the written confirmation
authorizing the signatory of the Bid to commit the
Bidder, in accordance with ITB 21.2;
(e) uploaded documentary evidence of the Bidder’s
qualifications to perform the Contract if its Bid is
accepted;
(f) uploaded Technical Offer (including Design Proposal)
in accordance with ITB 17;
(g) online response to mandatory criteria in respect of
Eligibility and Conflict of Interest, Qualifications and
Experience, and Technical conformity details of which
are provided in Section III – Evaluation and
Qualifications Criteria as Factor 2.6 under
qualification, and
(h) Any other document required in the BDS;
12.2 In addition to the requirements under ITB 12.1, bids

submitted by a JVA 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 online with the bid, together with a copy of the
proposed agreement.
12.3 If there is a change in the legal structure of the Bidder after

the Bid submission, the Bidder is required to immediately
inform the Employer. However, any change of legal
structure shall not be used to satisfy a qualification
requirement that was not satisfied as of the deadline of Bid
submission.
13. Alternative Bids 13.1 The BDS indicates whether alternative bids are allowed. If
they are allowed, the BDS will also indicate whether they
are permitted in accordance with ITB 13.3, or invited in
accordance with ITB13.2 and/or ITB 13.4.
13.2 When alternatives to the Time Schedule are explicitly

invited, a statement to that effect will be included in the
BDS, and the method of evaluating different time schedules
will be described in Section III, Evaluation and Qualification
Criteria.
13.3 Except as provided under ITB 13.4 below, Bidders wishing to

offer technical alternatives to the Employer’s requirements as
described in the bidding document must also provide: (i) a
Price online by filling in the Bill of Quantitiy for Alternative
Offer provided online at which they are prepared to offer an
alternative to any specific part of the works meeting the
Employer’s requirements; and (ii) all information necessary
for a complete evaluation of the alternatives by the Employer,
including drawings, design calculations, technical
specifications, breakdown of prices, and proposed installation
methodology and other relevant details. Only the technical
alternatives, if any, of the lowest evaluated Bidder conforming
to the basic technical requirements shall be considered by the
Employer.
13.4 When bidders are invited in the BDS to submit alternative

technical solutions for specified parts of the Works, such
parts shall be described in Section VI, Employer’s
Requirements. Technical alternatives that comply with the
performance and technical criteria specified for that part of
Works and Installation Services shall be considered by the
Employer on their own merits, pursuant to ITB 35.
14. Bid Submission 14.1 The Bid Submission Form and Appendix, including the
Form and Schedule of Prices, shall be prepared online using the
Schedules response templates provided for.
15. Bid Prices and 15.1 The prices and discounts quoted by the Bidder in the
Discounts response templates for Financial Proposal and for the
Shedules of prices shall conform to the requirements

specified below.
15.2 The Bidder shall fill in rates and prices for all items of the
Works described in the Shedule of Prices. Items against
which no rate or price is entered by the Bidder will not be
paid for by the Employer when executed and shall be
deemed covered by the rates for other items and prices in the
Schedules of Rates.
15.3 The price to be quoted in the Bid Submission Form, in

accordance with ITB 15.1, shall be the total price of the Bid,
excluding any discounts offered.
15.4 The Bidder shall quote any unconditional discounts and the
methodology for their application in the Bid submission
Form, in accordance with ITB 15.1.
15.5 Unless otherwise provided in the BDS and the Contract,

the rates and prices quoted by the Bidder are subject to
adjustment during the performance of the Contract in
accordance with the provisions of the Conditions of
Contract. In such a case, the Bidder shall furnish the indices
and weightings for the price adjustment formulae in the
Schedule of Adjustment Data provided for in the Appendix
to the Bid Form and the Employer may require the Bidder to
justify its proposed indices and weightings.
15.6 If so indicated in ITB 1.1, bids are being invited for

individual lots (contracts) or for any combination of lots
(packages). Bidders wishing to offer any price reduction for
the award of more than one contract shall specify in their bid
the price reductions applicable to each package, or
alternatively, to individual contracts within the package.
Price reductions or discounts shall be submitted in
accordance with ITB 15.4, provided the bids for all lots
(contracts) are submitted and opened at the same time.
15.7 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date 28
days prior to the deadline for submission of bids, shall be
included in the rates and prices and the total Bid Price
submitted by the Bidder.
15.8. The bidder shall submit his bid price exclusive of VAT.
16. Currencies of 16.1 The currency (ies) of the bid and the currency(ies) of
Bid and Payment payments shall be as specified in the BDS.

16.2 Bidders may be required by the Employer to justify, to the
Employer’s satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included
in the unit rates and prices and shown in the the Schedule of
Adjustment Data in the Appendix to Bid are reasonable, in
which case a detailed breakdown of the foreign currency
requirements shall be provided by Bidders.
17. Documents 17.1 The Bidder shall furnish a Technical Proposal including a
Comprising the Design Proposal statement of work methods, equipment,
Technical Proposal personnel, schedule and any other information as stipulated
in Section IV, Response Templates, in sufficient detail to
demonstrate the adequacy of the Bidders’ Technial Offer to
meet the design and construction of the Employer’s
Requirements and the completion time and as otherwise
stated in the BDS.
18. Documents 18.1 In accordance with Section III, Evaluation and Qualification
Establishing the Criteria, to establish that the Bidder continues to meet the
Qualifications of criteria used at the time of prequalification, the Bidder shall
the Bidder upload and provide in the corresponding information sheets
included in Section IV, Response Templates, updated
information on any assessed aspect that changed from that
time, or if post-qualification applies as indicated in
accordance with ITB 5.8, the Bidder shall upload and
provide the information requested in the corresponding
information sheets included in Section IV, Response
Templates.
18.2 If a margin of preference applies as indicated in accordance
with ITB 34.1, domestic Bidders, individually or in joint
ventures, applying for eligibility for domestic preference
shall supply online all information required to satisfy the
criteria for eligibility indicated in accordance with ITB 34.1.
19. Period of 19.1 Bids shall remain valid for the period specified in the BDS
Validity of Bids after the bid submission deadline date prescribed by the
Employer in accordance with ITB 23.1. A bid valid for a
shorter period shall be rejected by the Employer as non
responsive.
19.2 In exceptional circumstances, prior to the expiration of the
bid validity period, the Employer may request Bidders to
extend the period of validity of their bids. The request and
the responses shall be made online. If a bid security is
requested in accordance with ITB 20, it shall also be
extended for thirty (30) days beyond the deadline of the

extended validity period. A Bidder may refuse the request
without forfeiting its bid security. A Bidder granting the
request shall not be required or permitted to modify its bid,
except as provided in ITB 19.3.
19.3 If the award is delayed by a period exceeding fifty-six (56)
days beyond the expiry of the initial bid validity, the
Contract price shall be determined as follows:
(a) In the case of fixed price contracts, the Contract price
shall be the bid price adjusted by the factor specified in
the BDS.
(b) In the case of adjustable price contracts if allowed by
the Employer, to determine the Contract price, the fixed
portion of the bid price shall be adjusted by the factor
specified in the BDS.
(c) In any case, bid evaluation shall be based on the bid
price without taking into consideration the applicable
correction from those indicated above.
20. Bid Security 20.1 The Bidder shall furnish as part of its bid, either a Bid-
Securing Declaration or a bid security as specified in the
BDS, in original form and, in the case of a bid security, in
the amount and currency specified in the BDS.
20.2 In case a Bid Securing Declaration is used it shall be in the
form of a subscription in the Bid Submission Form as an
undertaking on the part of the Bidder to fulfill its obligation
in the same manner as applicable to the Bid Security.
20.3 If a bid security is specified as per ITB 20.1 it shall be in the
form of an unconditional bank/Insurance guarantee issued
by a reputable overseas bank from an eligible country or any
commercial bank/insurance company operating in Mauritius.
The bid security shall be submitted using the Bid Security
Form included in Section IV, Response Templates. The bid
security shall be valid for thirty (30) days beyond the
original validity period of the bid, or beyond any period of
extension if requested under ITB 19.2.
20.4 If a bid security is specified pursuant to ITB 20.1, any bid
not accompanied by an enforceable and compliant bid
security or a subscription in the Bid Securing Declaration, as
applicable, shall be rejected by the Employer as non
responsive.
20.5 If a bid security is specified pursuant to ITB 20.1, the bid

security of unsuccessful Bidders shall be returned as
promptly as possible upon the successful Bidder’s furnishing
of the performance security pursuant to ITB 42.
20.6 The bid security of the successful Bidder shall be returned as
promptly as possible once the successful Bidder has signed
the Contract and furnished the required performance
security.
20.7 The bid security may be forfeited or the Bid Securing
Declaration executed:
(a)if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder on the Bid Submission
Form or
(b)refuses to accept a correction of an error appearing on the
face of the Bid, or
(c)if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 41; or
(ii) furnish a performance security in accordance
with ITB 42.
20.8 The bid security or the Bid-Securing Declaration of a JVA
shall be in the name of the JVA that submits the bid. If the
JVA has not been legally constituted into a legally
enforceable JVA at the time of bidding, the bid security or
the Bid-Securing Declaration shall be in the names of all
future members as named in the letter of intent referred to in
ITB 5.2.
20.9 If a bid security is not required in the BDS pursuant to ITB
20.1, and
(a) if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder on the Bid Submission
Form, except as provided in ITB 18.2, or
(b) if the successful Bidder fails to sign the Contract in
accordance with ITB 40; or furnish a performance
security in accordance with ITB 41;
the Employer may declare the Bidder disqualified to be
awarded a contract by the Employer for a period of time to
be determined by the Procurement Policy Office following a
proposal for disqualification by the Employer.

21. Format and 21.1 The Bidder shall prepare the bid online comprising the
Signing of Bid documents as described in ITB 12. Alternative bids, if
permitted in accordance with ITB 13, shall be submitted
online using the alternative BOQ templates.
21.2 The online bid shall be digitally signed by a person duly
authorized to sign on behalf of the Bidder.
21.3 A bid submitted by a JVA shall comply with the following
requirements:
(a) Unless not required in accordance with ITB 5.4 (a), be
signed so as to be legally binding on all members and
(b) Include the Representatives’s authorization referred to
in ITB 5.4 (b), consisting of a Power of Attorney
signed by those legally authorized to sign on behalf of
the JVA.
D. Submission and Opening of Bids

22. Sealing and 22.1 (a) Bidders shall submit their bids online. No bids
Marking of Bids submitted manually shall be accepted, except for and if
so specified in the BDS, the Bid Security in original form,
and any other items such as bulky documents and
drawings which are not available in soft copies or may
not be scanned for submission online.
(b) where Bid Security and/or bulky documents referred to
in the preceding paragraph have to be submitted manually
they shall be forwarded to the Office of the public body
before the designated time and date scheduled for Bid
Submission (bid preparation and hash submission), as
specified in the BDS at Sub-clause ITB 23.1.
(c) Bidders shall follow the Guidelines provided for online
submission.
22.2 Any envelope or parcel containing the Bid

Security/documents, shall:
(a) bear the name and address of the Bidder;
(b) be addressed to the Employer in accordance with ITB
23.1;
(c) bear the specific identification of this bidding process

indicated in the BDS 1.1; and
(d) bear a warning not to open before the time and date for
bid opening.
22.3 If all envelopes are not sealed and marked as required, the
Employer will assume no responsibility for the
misplacement or premature opening of the bid.
23. Deadline for 23.1 Bid preparation and hash submission (submission of bids)
Submission of Bids must be executed online before the start date and time
specified for bid closing in the BDS. Bid Security in its
original format and other items, if allowed by the Employer,
must be submitted to the Employer at latest by the same time
and date, and at the place specified in the BDS.
23.2 The Employer may, at its discretion, extend the deadline for
the bid preparation and hash submission (submission of
bids) and submission of envelopes/bid security where
applicable by amending the Bidding Document in
accordance with ITB 9, in which case all rights and
obligations of the Employer and Bidders previously subject
to the deadline shall thereafter be subject to the deadline as
extended.
24. Late Bids 24.1 The Employer shall not consider any bid
security/envelope/parcel, if applicable, that arrives after the
deadline for bid preparation and hash (submission of bids),
in accordance with ITB 23. Any such item received by the
Employer after the deadline shall be declared late, rejected,
and returned unopened to the Bidder
25. Withdrawal, 25.1 A Bidder may withdraw, substitute, or modify its bid any
Substitution, and time prior to the deadline set for bid preparation and hash
Modification of submission (submission of bids) in accordance to ITB 23.
Bids
25.2 Since the e-Procurement System allows
modifications/substitutions of Bid Data and attachments by
the Bidders up to the last date and time of bid Preparation
and hash submission, Bidders are allowed to rework on their
bids as many times as required. However, after the deadline
set for the bid preparation and hash submission, the Time-
lock feature of the e-Procurement system will not allow
Bidders to modify/substitute their bid data and attachments
in any way.
25.3 No bid may be withdrawn, substituted, or modified in the
interval between the deadline set for Bid Preparation and

Hash Submission of bids and the expiration of the period of
bid validity specified by the Bidder on the Bid Submission
Form or any extension thereof.
25.4 For further guidance on withdrawal, substitution and
modification, Bidders are requested to refer to the
Guidelines for Suppliers.
26. (i) Decryption 26.1 Bidders shall decrypt and re-encrypt their bids within the
and Re-encryption time schedule provided in the BDS to enable opening of
their bids. The time lock feature in the system will not allow
bidders to decrypt and encrypt their bids outside the
specified time frame.
26.2 Where the bidder does not execute the decryption and re-
encryption of its bid within the time frame provided in ITB
26.1, the bid shall not be accessible for opening. In such
cases the bid shall be deemed to have been withdrawn by
the bidder.
26.3 The Employer shall conduct the bid opening online at the
(ii) Bid Opening
date, time and place specified in the BDS, in the presence of
bidders or their representatives who choose to attend. The
online opening shall allow bidders to view the status of bids
received online, name of bidders, prices as appearing in the
Bid Submission Forms and Comparison Statements.
26.4 Where manual submission of documents and/or bid security
have been allowed, the Employer shall open the envelopes
concurrently. Envelopes containing Bid Security/documents
shall be opened one at a time, reading out: (i) the name and
the nationality of the Contractor or, in case of a Joint
Venture, the name of the Joint Venture, the name of the lead
member and the names and the nationalities of all members
and (ii) any other information the Employer may consider
appropriate. presence of Bid Security, if applicable.
26.5 The Employer will shortly after completing the online
opening provide a record of the Bid opening online that shall
include, the information that have been read out.
E. Evaluation and Comparison of Bids

27. Confidentiality 27.1 Information relating to the evaluation of bids and
recommendation of contract award shall not be disclosed to
Bidders or any other persons not officially concerned with
such process until information on Contract award is
communicated to all Bidders.

27.2 Any attempt by a Bidder to influence the Employer in the
evaluation of the bids or Contract award decisions may
result in the rejection of its bid.
28. Clarification of 28.1 To assist in the examination, evaluation, and comparison of
Bids the bids, and qualification of the Bidders, the Employer may,
at its discretion, ask any Bidder for a clarification of its bid.
Any clarification submitted by a Bidder that is not in
response to a request by the Employer shall not be
considered. The Employer’s request for clarification and the
response shall be in writing. No change in the prices or
substance of the bid shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors
discovered by the Employer in the evaluation of the bids, in
accordance with ITB 32.
28.2 If a Bidder does not provide clarifications of its bid by the
date and time set in the Employer’s request for clarification,
its bid may be rejected.
29. Deviations, 29.1 During the evaluation of bids, the following definitions
Reservations, and apply:
Omissions
(a) “Deviation” is a departure from the requirements
specified in the Bidding Document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the Bidding Document; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
Document.
30. Determination 30.1 The Employer’s determination of a bid’s responsiveness is
of Responsiveness to be based on the contents of the bid itself, as defined in
ITB12.
30.2 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,
(a) if accepted, would
(i) affect in any substantial way the scope, quality, or
performance of the Works specified in the
Contract; or
(ii) limit in any substantial way, inconsistent with the
Bidding Document, the Employer’s rights or the
Bidder’s obligations under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive
position of other Bidders presenting substantially
responsive bids.
30.3 The Employer shall examine the technical aspects of the bid
submitted in accordance with ITB 17, Technical Offer
including Design Proposal, in particular, to confirm that all
requirements Part II, Employer’s Requirements have been
met without any material deviation, reservation or omission.
30.4 If a bid is not substantially responsive to the requirements of
the Bidding Document, it shall be rejected by the Employer
and may not subsequently be made responsive by correction
of the material deviation, reservation, or omission.
31. Nonmaterial 31.1 Provided that a bid is substantially responsive, the Employer
Nonconformities may waive any non-conformities in the bid that do not
constitute a material deviation, reservation or omission.
31.2 Provided that a bid is substantially responsive, the Employer
may request that the Bidder submit the necessary
information or documentation, within a reasonable period of
time, to rectify nonmaterial nonconformities in the bid
related to documentation requirements. Requesting
information or documentation on such nonconformities 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.
31.3 Provided that a bid is substantially responsive, the Employer
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. The
adjustment shall be made using the method indicated in
Section III, Evaluation and Qualification Criteria.
32. Correction of 32.1 Provided that the bid is substantially responsive, the
Arithmetical Employer shall correct arithmetical errors on the following
Errors basis:
(a) if there is a discrepancy between the unit price and the
total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail and the total
price shall be corrected, unless in the opinion of the
Employer there is an obvious misplacement of the
decimal point in the unit price, in which case the total
price as quoted shall govern and the unit price shall be
corrected;
(b) if there is an error in a total corresponding to the
addition or subtraction of subtotals, the subtotals shall
prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount
expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject to
(a) and (b) above.
32.2 If the Bidder does not accept the correction of errors, its Bid
shall be rejected.
33. Conversion to 33.1 For evaluation and comparison purposes, the currency(ies)
Single Currency of the bid shall be converted into a single currency as
specified in the BDS. For the purpose of evaluating and
comparing bids, when bid prices are expressed in many
currencies, the bid prices of all bids shall be converted to a
single currency, as specified in the BDS, and according to
the exchange rates prevalent on the day of opening of the
bids as obtained from the Central Bank of Mauritius or from
internationally reputed news media.
34. Margin of 34.1 Unless otherwise specified in the BDS, Margin of

Preference Preference shall not apply.
35. Evaluation of 35.1 The Employer shall use the criteria and methodologies listed
Bids in this Clause. No other evaluation criteria or methodologies
shall be permitted.
35.2 To evaluate a bid, the Employer shall consider the

following:
(a) the bid price including Provisional Sums and the

provision, if any, for contingencies in the Schedules, but
including Daywork items, where priced competitively;
(b) price adjustment for correction of arithmetic errors in

accordance with ITB 32.1;
(c) price adjustment due to discounts offered in accordance

with ITB 15.3;
(d) converting the amount resulting from applying (a) to (c)

above, if relevant, to a single currency in accordance
with ITB 33; and
(e) the evaluation factors indicated in Section III,

Evaluation and Qualification Criteria;
35.3 The estimated effect of the price adjustment provisions of

the Conditions of Contract, applied over the period of
execution of the Contract, shall not be taken into account in
bid evaluation.
35.4 If these Bidding Documents allows Bidders to quote
separate prices for different lots (contracts), and the award to
a single Bidder of multiple lots (contracts), the methodology
to determine the lowest evaluated price of the lot (contract)
combinations, including any discounts offered in the Bid
Submission Form Form, is specified in Section III,
Evaluation and Qualification Criteria.
35.5 If the bid, which results in the lowest Evaluated Bid Price, is
seriously unbalanced or front loaded in the opinion of the
Employer, the Employer may require the Bidder to produce
detailed price analyses for any or all items of the Schedules,
to demonstrate the internal consistency of those prices with
the construction methods and schedule proposed. After
evaluation of the price analyses, taking into consideration
the schedule of estimated Contract payments, the Employer
may require that the amount of the performance security be
increased at the expense of the Bidder to a level sufficient to
protect the Employer against financial loss in the event of
default of the successful Bidder under the Contract.
36. Comparison of 36.1 The Employer shall compare all substantially responsive
Bids bids in accordance with ITB 35.2 to determine the lowest
evaluated bid.
37. Qualification of 37.1 The Employer shall determine to its satisfaction whether the
the Bidder Bidder that is selected as having submitted the lowest
evaluated and substantially responsive bid either continues
to meet (if prequalification applies) or meets (if
postqualification applies) the qualifying criteria specified in
Section III, Evaluation and Qualification Criteria.
37.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications
submitted by the Bidder, pursuant to ITB 18.1.
37.3 An affirmative determination shall be a prerequisite for

award of the Contract to the Bidder. A negative
determination shall result in disqualification of the bid, in
which event the Employer shall proceed to the next lowest
evaluated bid to make a similar determination of that
Bidder’s qualifications to perform satisfactorily.
38. Employer’s 38.1 The Employer reserves the right to accept or reject any bid,
Right to Accept and to annul the bidding process and reject all bids at any
Any Bid, and to time prior to contract award, without thereby incurring any
Reject Any or All liability to Bidders. In case of annulment, all bids submitted
Bids and specifically, bid securities, shall be promptly returned to
the Bidders.
F. Award of Contract
39. Award Criteria 39.1 Subject to ITB 38.1, the Employer shall award the Contract
to the Bidder whose offer has been determined to be the
lowest evaluated bid and is substantially responsive to the
Bidding Document, provided further that the Bidder is
determined to be qualified to perform the Contract
satisfactorily.
40. Notification of 40.1 Prior to the expiration of the period of bid validity, the
Award Employer shall, for contract amount above the prescribed
threshold, notify the selected bidder of the proposed award
and accordingly notify unsuccessful bidders. Subject to
Challenge and Appeal the Employer shall notify the selected
Bidder, in writing, by a Letter of Acceptance for award of
contract. The Letter of Acceptance shall specify the sum that
the Employer will pay the Contractor in consideration of the
execution and completion of the Works (hereinafter and in
the Conditions of Contract and Contract Forms called “the
Contract Price”) and the requirement for the Contractor to
remedy any defects therein as prescribed by the Contract.
Within seven days from the issue of Letter of Acceptance,
the Employer shall publish on the Public Procurement Portal
(publicprocurement.govmu.org) and the Employer’s
website, the results of the Bidding Process identifying the
bid and lot numbers and the following information:
(i) name of the successful Bidder, and the Price it

offered, as well as the duration and summary scope of the
contract awarded; and
(ii) an executive summary of the Bid Evaluation Report.

40.2 Until a formal contract is prepared and executed, the
notification of award shall constitute a binding Contract.
41. Signing of 41.1 Promptly upon notification, the Employer shall send the
Contract successful Bidder the Contract Agreement.
41.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return
it to the Employer.
41.2 If any negotiations or clarifications are required either by
the Employer or by the successful Bidder, they shall be
completed within the same twenty-eight (28) days of receipt
of the Letter of Acceptance by the successful Bidder, unless
otherwise agreed in writing by both parties. Failure to
conclude negotiations/clarifications does not excuse the
successful Bidder from timely submission of the
Performance Security as described in ITB 42.1.
42. Performance 42.1 Within twenty-eight (28) days of the receipt of notification
Security of award from the Employer, the successful Bidder shall
furnish the Performance Security in accordance with the
General Conditions of Contract, subject to ITB 35.5, using
for that purpose the Performance Security as per the format
contained in Section VIII, Annex to the Particular
Conditions - Contract Forms. The Performance Security
shall be in the form of a Bank/Insurance Guarantee issued
through a commercial bank/insurance company operating in
Mauritius.
42.2 Failure of the successful Bidder to submit the above-
mentioned Performance Security or sign the Contract shall
constitute sufficient grounds for the annulment of the award
and forfeiture of the bid security. In that event the Employer
may award the Contract to the next lowest evaluated Bidder
whose offer is substantially responsive and is determined by
the Employer to be qualified to perform the Contract
satisfactorily.
Preference
42.3 The successful bidder having benefitted from a Margin of
Security
Preference shall provide a Preference Security, as specified
in the BDS. The amount for the Preference Security shall be
the difference between the price quoted by the selected
bidder and that of the lowest evaluated bid which would
have been selected for award of contract, if the said Margin
of Preference was not applicable
43. Commencement
Date 43.1 The Commencement Date shall be agreed between the

successful Bidder and the Employer but shall be within forty-
two (42) days after the Contractor receives the Letter of
Acceptance issued by the Employer.
44. Debriefing 44.1 The Employer shall promptly attend to all requests for
debriefing for the contract, made in writing, and within 30
days from the date of the publication of the award or date
the unsuccessful bidders are informed about the award,
whichever is the case, by following regulation 9 of the
Public Procurement Regulations 2008 as amended.
Section II. Bid Data Sheet

(Bidders are advised to be guided by the section dealing with Bid Data Sheet in the User’s Guide when filling
the respective sub-sections hereunder)
A. Introduction
ITB 1.1 The number of the Invitation for Bids is :
ITB 1.1 The Employer is:
ITB 1.1 The name of the OAB is:
The identification number of the OAB is:
The number and identification of lots (contracts) comprising this OAB is:
ITB 2.1 [Public body to insert finacing arrangements if from special fund or co-financing etc…]
The Funding Agency is:
ITB 2.1 The name of the Project is:
ITB 3.3 (a) The address to file challenge in respect of this procurement is: [insert contact
address of the Chief Executive Officer of the public body also referred to as
Employer]
(b) The address to file application for review is:
The Chairperson
Independent Review Panel,
5th Floor
Belmont House
Intendance Street
Port Louis
Tel : +2302602228
Fax No.
Email : [email protected]
ITB 5.1 [Public body to qualify accordingly should it decide to issue this IFB at
national basis only]
ITB 5.2 (a) The individuals or firms in a joint venture or association
_______________[shall be/shall not be]_______________________
jointly and severally liable.
B. Bidding Documents
ITB 8.2 A Site visit organized by the Employer [insert shall or shall not] take
place at the following date, time and place:
Date:
Time:
Place:
ITB 8.4 A Pre-Bid meeting take place at the following date, time and place:
Date:
Time:
Place:
A site visit conducted by the Employer organized
ITB 8.5 Questions should be submitted to the Employer online through the
eProcurement System not later than [insert number] days prior to the date
of the pre-Bid meeting.
C. Preparation of Bids
ITB 12.1 (g) The Bidder shall submit online with its bid the following additional
documents:
ITB 13.1 Alternative bids [are/are not] allowed.

ITB 15.1 The prices mentioned in the Bid Form shall be in Mauritian Rupees for
Foreign and Local Component.
Where items to be incorporated in the works are imported by the

Contractor, the cost incurred for the CIF value may be in foreign
currencies whilst those incurred locally in respect of duties,
transportation, overhead charges and profit shall be in Mauritian
Rupees. Bidders are requested to provide these costs as separate line
items as foreign and local components in the Price Schedules.
Refer to ITB 16.1 for further details.

ITB 15.5 The prices quoted by the Bidder [insert shall or shall not] be subject to
adjustment.
ITB 16.1 The currency(ies) of the bid and the payment currency(ies) shall be in
accordance with Alternative _________ as described below:
Alternative A (Bidders to quote entirely in local currency):
(a) The unit rates and the prices shall be quoted by the Bidder in the
Schedules, entirely in Mauritian Rupees and further referred to as
“the local currency”. A Bidder expecting to incur expenditures in
other currencies for inputs to the Works supplied from outside the
Mauritius (referred to as “the foreign currency requirements”) shall
indicate in the Appendix to Bid - Table B, the percentage(s) of the
Bid Price (including Provisional Sums), needed by him for the
payment of such foreign currency requirements, limited to no more
than three foreign currencies of any country.
(b) The rates of exchange used by the Bidder in arriving at the local
currency equivalent and the percentage(s) mentioned in (a) above
shall be specified by the Bidder in the Appendix to Bid - Table B, and
shall apply for all payments under the Contract so that no exchange
risk will be borne by the successful Bidder.
Alternative B (Bidders allowed to quote in local and foreign

currencies):
(a) The unit rates and prices shall be quoted by the Bidder in the Bill of
Quantities separately in the following currencies:
(i) for those inputs to the Works that the Bidder expects to supply
from within Mauritius, in Mauritian Rupees, and further referred
to as “the local currency”; and
(ii) for those inputs to the Works that the Bidder expects to supply from
outside Mauritius (referred to as “the foreign currency
requirements”), in up to any three currencies of any country.
[Alternative A relieves the public body from arranging for foreign

currencies which could at time become a cause for delay in payment].
ITB 19.1 The bid validity period shall be ____________________________days.
ITB 19.3 (a) The bid price shall be adjusted by the following factor:________
ITB 19.3 (b) The fixed portion of the bid price shall be adjusted by the following factor:
_________
ITB 20.1 (The choice between Bid Security and Bid Securing Declaration shall be in compliance
with the directives issued by the PPO taking into consideration the type of project, the
estimated contract price and the effectiveness of the type of security) .
[Choose one of the following options as appropriate.]
- A Bid Security or a Bid Securing Declaration shall not be required.

[or]
- The Bidder shall furnish a Bid Security in the amount of [insert amount
and currency].
[or]
- The Bidder shall subscribe to a Bid Securing Declaration by digitally
signing the online Bid Submission Form template containing the provision
with regard thereto
ITB 21.2 [Public body to insert text (a) in case the works contract is estimated for an amount less
than Rs.100M or text (b) in case the amount is estimated to be above Rs.100M]
(a)No written evidence is required.
(b (b)This authorization shall consist of written confirmation and shall be

attached to the bid. It may include a delegation of power by resolution of
the Board of a company or from the CEO, himself holding power from
the Board or from a Director being a shareholder of a company or
through a Power of Attorney.
The name and position held by each person signing the authorization
must be typed or printed below the signature.
Note: The Power of Attorney or other written authorization to sign may be for a
determined period or limited to a specific purpose.
D. Submission and Opening of Bids

ITB 22.1(a) Bidders shall submit their bids electronically.
[Public body shall customize this part as appropriate or delete this part if
not applicable:
In addition to the bids submitted on line, Bidders shall submit the

following items manually to reach the public body by the date, time and at
the address indicated hereunder:
(a)………………………………………..…
(b)………………………………………….
(c)……………………………………………. ]
ITB 23.1 [Public bodies shall customize this clause accordingly]

Bidders shall complete their bid preparation and hash submission on line
before the start Date and Time for Bid closing,
Bid Closing:
Start Date and Time (Mauritian): [insert day, month, year and time i.e. 15
June, 2001 13 00 hr]
End Date and Time (Mauritian): insert day, month, year and time i.e. 15
June, 2001 13 30 hr]
[Public bodies shall customize this clause accordingly or delete same if not
applicable]
Where so allowed by the Employer, Bidders shall forward their Bid
Security and/or other materials

Employer’s address for submission of Bid security/documents etc..
and/or samples only [if allowed as per ITB 24,1 (a), otherwise delete this
part] by same deadline as above:
Attention: [insert full name of person, if applicable, or insert name of the
Officer]
Address: [insert street name and number]
Floor-Room number: [insert floor and room number, if applicable]
ITB 26.1 Bid Data decryption and re-encryption
Bidders shall decrypt and re-encrypt their bids (as explained in the
Guideline) within the time frame indicated hereunder: [Public body shall
generally indicate a time frame, which should be around 48 hours after the
deadline date and time set for the bid preparation and hash submission in
ITB 23.1]
June, 2001 15 00 hr]
End Date and Time (Mauritian): insert day, month, year and time i.e. 17
June, 2001 15 00
hr]_________________________________________________________
___
ITB 26.3 Bid Opening
Online Bid Opening
June, 2001 16 00 hr]
End Date and Time (Mauritian): [ insert day, month, year and time i.e. 17
June, 2001 17 00 hr]
[Public bodies shall customize this clause accordingly or delete same if not
applicable]
Where Bid Security and/or Documents have been allowed to be submitted
manually, these will be opened concurrently at:
Street Address: [insert street address and number]
Floor/ Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
Country: [insert name of country]
E. Evaluation, and Comparison of Bids

ITB 33.1 The currency that shall be used for bid evaluation and comparison
purposes to convert all bid prices expressed in various currencies into a

single currency is: Mauritius Rupees
The source of exchange rate shall be: The Central Bank of Mauritius
The date for the exchange rate shall be:
……………………………………
The currency(ies) of the Bid shall be converted into a single currency in
accordance with the procedure under Alternative _____ that follows:
Alternative A: Bidders quote entirely in local currency
For comparison of bids, the Bid Price, corrected pursuant to Clause 32,
shall first be broken down into the respective amounts payable in various
currencies by using the exchange rates specified by the bidder in
accordance with Sub-Clause 16.1.
In the second step, the Employer will convert the amounts in various
currencies in which the Bid Price is payable {including Provisional Sums
(provided by the contractor) and Daywork (where priced competitively)} to
the single currency identified above at the selling rates established for
similar transactions by the authority specified and on the date stipulated
above.
OR
Alternative B: Bidders quote in local and foreign currencies
The Employer will convert the amounts in various currencies in which the
Bid Price, corrected pursuant to Clause 32, is payable {including
Provisional Sums (provided by the contractor) and Daywork (where priced
competitively)} to the single currency identified above at the selling rates
established for similar transactions by the authority specified and on the
date stipulated above.
ITB 34 Not Applicable
ITB 42.3 N/A
Section III. Evaluation and Qualification

Criteria
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify
Bidders. In accordance with ITB 35 and ITB 37, no other factors, methods or criteria shall be
used. The Bidder shall provide all the information requested in the forms included in Section
IV, Response Templates.
1. Evaluation
In addition to the criteria listed in ITB 34.2 (a) – (e) the following criteria shall
apply:
1.1 Assessment of adequacy of Technical Proposal with Requirements
1.2Multiple Contracts, if permitted under ITB 34.4, will be evaluated as

follows:
………………………………………………………………………………………
………………………………………………………………………………
……………………………………………………………………………..
1.3 Alternative Completion Times, if permitted under ITB 13.2, will be

evaluated as follows:
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
……..
1.4 Technical Alternatives , if permitted under ITB 13.4, will be evaluated as

follows:
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
……..
1.5 Margin of Preference
Margin of Preference has been suspended
1. Qualification
Pursuant to ITB 5.3, Bids will be considered from Contractors who are duly
registered with the CIDB under the grade and specialization that cover adequately
the size and type of works related to the project.
In case the works requires certain specialization not covered adequately under the
registration of CIDB, those field of specialization shall be defined by the public
body in section 2. 4.2 (a) and Specific Experience in key activities in section 2. 4.2
(b) which the contractor must meet as qualification.
Irrespective of whether the contractors are selected meeting adequately the

experience in the field of specialisation and key activities defined by the Public
body the contractors have to satisfy mandatorily the registration grade for the size
and type of works required for the project.
Section III. Evaluation and Qualification Criteria (Without Prequalification) 40
Factor
2.1 ELIGIBILITY
Criteria
Bidder
Sub-Factor Documentation
Requirement Single Entity Joint Venture or Association Required
All members Each At least one
combined member member
2.1.1 Nationality Nationality in Must meet Existing or Must meet N/A Form ELI–1
accordance with ITB requirement intended requirement and 2, with
5.1. JVA must attachments
meet
requirement
2.1.2 Conflict of No- conflicts of Must meet Existing or Must meet N/A Bid Submission
Interest interests as described in requirement intended requirement Form
ITB 5.5. JVA must
meet
requirement
2.1.3 Government Compliance with Form ELI–1 and
Must meet Must meet Must meet
Owned Entity conditions of ITB 5.7 N/A 2, with
requirement requirement requirement
attachments
Factor
2.1 ELIGIBILITY
Criteria
Bidder
Requirement Single Entity Joint Venture or Association Required
All members Each At least one
2.1.4 Ineligibility Not having been Bid Submission
based on a United excluded as a result of the Form
Nations resolu- Mauritian laws or
Existing JVA
tion or Mauritian official regulations, or by Must meet Must meet
must meet N/A
law an act of compliance with requirement requirement
requirement
UN Security Council
resolution, in accordance
with ITB 5.9
Factor
2.2 HISTORICAL CONTRACT NON-PERFORMANCE
Criteria
Bidder
Joint Venture or Association Required
Requirement Single All Each At least one
Entity members member member
combined
2.2.1 History of Non-performance of a Form CON - 2
non-perform- contract did not occur within
ing contracts the last __________ (_)
years prior to the deadline
for application submission,
based on all information on
Must meet Must meet
fully settled disputes or
requirement requirement
litigation. A fully settled N/A
by itself or as by itself or
dispute or litigation is one N/A
member to as member to
that has been resolved in
past or past or
accordance with the Dispute
existing JVA existing JVA
Resolution Mechanism
under the respective
contract, and where all
appeal instances available to
the bidder have been
exhausted.
Factor
2.2 HISTORICAL CONTRACT NON-PERFORMANCE
Criteria
Bidder
Joint Venture or Association Required
Requirement Single All Each At least one
Entity members member member
combined
2.2.2 Pending Liti- All pending litigation shall Must meet Must meet
Form CON – 2
gation in total not represent more
requirement requirement
than ______________
by itself or as by itself or as
percent (_____%) of the N/A N/A
member to member to
Bidder’s net worth and shall
past or past or
be treated as resolved
existing JVA existing JVA
against the Bidder.
Factor 2.3 FINANCIAL SITUATION

Criteria
Bidder
Documentation
Sub-Factor Joint Venture or Association
Requirement Required
Single All
Entity Each At least one
members
member member
combined
2.3.1 Historical Fi- Submission of audited
nancial Perfor- Balance Sheets or if not
mance6 required by the law of the
bidder’s country, other
financial statements
acceptable to the Employer,
for the last ____ [ ] years to
demonstrate the current Must meet Must meet Form FIN –1 with
N/A N/A
soundness of the bidders requirement requirement attachments
financial position and its
prospective long term
profitability.
(a) (criterion 1)
(a) (criterion 2)
(c) __________
6
Local bidders who are not required to file Audited Accounts should submit copies of Financial Statements filed at the Registrar of Companies prior to
deadline set for the submission of bids.
Factor 2.3 FINANCIAL SITUATION

Criteria
Bidder
Documentation
Sub-Factor Joint Venture or Association
Requirement Required
Single All
Entity Each At least one
members
member member
combined
2.3.2. Clause Deleted
2.3.3 .Financial The Bidder must demonstrate

Resources access to, or availability of,
financial resources such as
liquid assets, unencumbered
real assets, lines of credit,
and other financial means, Must meet
other than any contractual _________ Must meet
advance payments to meet: percent _________ Form FIN –3
(i) the following cash-flow Must meet Must meet (_____%) of percent
requirement: requirement requirement the (_____%) of
requirement the
……………………………
…………………………… requirement
…………
and Form FIN-4
(ii) the overall cash flow re-
quirements for this contract
and its current commitments.
Factor
2.4 EXPERIENCE
Criteria
Bidder
Requirement Joint Venture or Association Required
Single Entity All members Each At least one
2.4.1General Expe- Contractors have to be Must meet N/A Must N/A Form EXP-1
rience registered with the CIDB under requirement meet
the grade and classes indicated requireme
hereunder: nt
Grade:
The contractor should be duly
registered with the CIDB under
the grade that would allow him
to perform the value of works
for which he is submitting his
bid
Classes of works of
contractors:
Building construction
works/Civil engineering
construction works/ Electrical
works/Mechanical works/,
Mechanical, electrical and
plumbing works (MEP)/
Specific Works (works related
Factor
2.4 EXPERIENCE
Criteria
Bidder
to any class of work of
contractors as the CIDB may
determine)
[Public body to select
appropriate class(es) of works]
2.4.2 (a) Specific Participation as contractor, Must meet Must meet N/A Must meet Form EXP 2(a)
Experience management contractor, or requirement requirements requirement for
subcontractor, in at least for all one
_________ (___) contracts characteristics characteristic
within the last ________( )
years , each with a value of at
least ____________ (___),
that have been successfully
and substantially completed
and that are similar to the
proposed Works. The
similarity shall be based on the
physical size, complexity,
methods/technology or other
characteristics as described in
Section VI, Employer’s
Requirements.
Factor
2.4 EXPERIENCE
Criteria
Bidder
2.4.2 (b) Specific b) For the above or other

Experience contracts executed during the
period stipulated in 2.4.2(a) Must meet Must meet
above, a minimum experience in requirements Must meet requirements
N/A Form EXP-2(b)
the following key activities: requirements
1. …..
2. ………….
Section III. Evaluation and Qualification Criteria (Without Prequalification) 49
2.5 Equipment
The Bidder must demonstrate that it has the key equipment listed hereafter:
Minimum Number
No. Equipment Type and Characteristics
required
1
2
3
4
5
The Bidder shall provide further details of proposed items of equipment using Form EQU
in Section IV, Response Templates.
2.6 Mandatory Evaluation Criteria
Bidders will have to response to Response Templates in respect of certain mandatory

evaluation criteria related to Eligibility, Qualification and Experience, and Technical.
For ease of the reference those mendatory criteria are listed herunder.
[Public body should provide the list of criteria and subcriteria hereunder]
50
Section IV. Response Templates

Bidders’ attentions are hereby drawn to fill in all Response Templates online with respect
to this Invitation for Bids. Some of the Templates especially those for Price Schedules are
of the grid format which can only be filled online.
Some response templates are in the form of documents to be uploaded in soft copy
providing all information and in the format indicated in the tables provided hereunder.
Bidders should follow the guidance given for each Response Template listed hereunder.
A...Bid Submission Forms

Bid Submission Form
Appendix to Bid Submission Form
Form of Bid Security (Bank/Insurance Guarantee)
B...Bidder Qualification Forms

ELI-1: Bidder Information Sheet
ELI-2: JV/Association/Sub-contractor Information Sheet
ELI-3: Government-Owned Enterprise Certification Form
CON-1: Historical Contract Non-Performance
FIN-1: Financial Situation
FIN-2: Average Annual Construction Turnover
FIN-3: Financial Resources
FIN-4: Current Contract Commitments/Works in Progress
EXP-1: General Design Experience
EXP-2: General Construction Experience
EXP-3: Similar Design Experience
EXP-4: Similar Construction Experience
EXP-5: Specific Design Experience
EXP-6: Specific Construction Experience
EXP-7: Environmental and Social (E&S) Management Experience
EXP-8: Health and Safety (H&S) Management Experience
C...Technical Offer Forms

Tech 1: Design Proposal
Tech 2: Method Statement
Tech 3: Environmental, Social, Gender, Health & Safety Staffing Methodology
Tech 4: Program
Tech 5: Cash Flow Projection
Tech 6: Project Management Organization
Tech 7: Construction Equipment
Tech 8: CVs of Key Personnel
Section IV- Response Templates 51
A. Bid Submission Forms
Bidders have to fill in this form online. The prices quoted in the Price Schedules
summed up in the Grand Summary will be automatically carried forward to the
Bid Submission Form by the system. Bidders will have the possibility to edit
those prices carried forward to ensure that they reflect the sum of all the
Schedules.
Where the Employer has allowed for alternative bid for specific section of the
Works and the bidder chooses to respone to the alternative bid as well, he may
do so using the appropriate response templates provided for same and the prices
in this respect will also be carried forward from the Grand Summary
(Alternative) to the Bid Submission Form.
Appendix to Bid Submission Form
The table given hereunder is for ease of reading for the bidder. The response
should be inserted online in the relevant template containing the same list as
hereunder. The Appendix to Bid of the successful Bidder shall become Annex B
to the Particular Conditions.
[The table given hereunder is to enable the Public Body to set the list of clauses as
appropoiate and to customize the online template in the same manner. Bidders will
see the list hereunder for reference only. Public body to delete this instruction in the
final copy of the Bidding document]
Conditions of Contract Sub-Clause
Parties and Persons 1.1.2.2 Employer is: [insert name].
1.1.2.4 Engineer is: [insert].
Dates, Tests, Periods 1.1.3.3 Time for completion from the Commencement Date
and Completion is: [insert months -------------days -----------].
Defects Notification 1.1.3.7 The Defects Notification Period will be [insert

Period duration] [( )] months following the issuance of
the Taking Over Certificate.
Works and Goods 1.1.5.6 Sections of the Works shall be as follows:

[Describe].
Interpretation 1.2 Profit shall be: [insert] percent of the Cost7.
Communications 1.3(a) Agreed systems of electronic transmission are:

[insert email addresses of the persons nominated
as being authorized to represent the respective
party].
1.3(b) Address of the Employer is: [insert]
1.3(b) Address of the Engineer is: [insert]
1.3(b) Address of the Contractor is:

To be completed after the Contract will be awarded.
Law and Language 1.4 Laws of Mauritius]
1.4 Ruling language of the Contract is: English.
1.4 Language for communication is: English.
Right of Access to the 2.1 Employer shall give the Contractor access to the
Site Site within:
[insert] days after the Commencement Date except

in those areas listed below [insert reference as
appropriate], where access will be granted by the
Employer to the Contractor after completion of the
resettlement activities no later than [insert
reference here].
Engineer’s Duties and 3.1(i) Engineer’s authority to instruct a Variation is

Authority8 limited to: up to [insert percentage] percent [( %)]
of the quantity of such individual items, which are
included in the Schedule of Prices or other
Schedule, or up to [insert percentage] percent
[( %)] of the Accepted Contract Amount,
whichever is less, subject to a cumulative ceiling of
[insert dollar value].
3.1(ii) Engineer’s authority to approve a proposal for

Variation submitted by the Contractor is limited to:
up to [insert percentage] percent [( %)] of the
quantity of such individual items, which are
7
See Guidance Document for further details.
8
included in the Schedule of Prices or other

Schedule, or up to [insert percentage] percent
[( %)] of the Accepted Contract Amount,
whichever is less, subject to a cumulative ceiling of
[insert Mauritina Rupees value].
Performance Security 4.2 Performance Security will be in a form acceptable

to Employer in the amount of: [insert percentage]
percent [( %)] of the Accepted Contract Amount,
payable in Mauritian rupees.
Working Hours 6.5 Normal working hours are: [insert] local time in
Mauritius.
Locally recognized days of rest: [insert] (such as
Saturdays, Sundays and all Government of Country
recognized public holidays).
Delay Damages 8.7 The damages for delays shall be as follows

Mauritian rupees [insert] per day.
Maximum amount of delay damages shall be:

[insert] number of days9.
Provisional Sums 13.5(b)(ii) Percentage for overhead charges and profit for
adjustment of Provisional Sums shall be: [insert
percentage] percent [( %)].
Adjustment for 13.8 Adjustment shall be made for the first time at the
Changes in Cost end of month [insert number of months into the
Contract] following the Commencement Date and
[insert frequency] months thereafter. Any such
adjustment will be applicable to work performed on
or after the date the adjustment is made.
In the Schedule of Adjustment Data below, the

Bidder shall (a) indicate the proposed weighting of
local and foreign currency, (b) indicate the proposed
source and base values of indices for the different
input elements, and (c) derive their proposed
weightings. In the case of very large and/or
complex works contracts, it may be necessary to
specify several families of price adjustment
formulae corresponding to the different works
involved.
9
Schedule of Adjustment Data
Table A. Local Currency

Index code Index Source of Base value Related source Proposed
description index and date currency in Weighting
type/amount
Nonadjustable — — — A: _____**
B:
C:
D:
E:
Total 1.00
Table B. Foreign Currency
Index code Index Source of Base value Related source Proposed

description index and date currency in Weighting
type/amount
Nonadjustable — — — A: **
B:
C:
D:
E:
Total 1.00
Advance Payment10 14.2 Total advance payment shall be: [insert

percentage] percent [( %)] of the Accepted
Contract Amount less Provisional Sums and shall be
payable in the currencies and proportions in which
the Accepted Contract Amount is payable.
The advance payment shall be certified by the
Engineer after (a) execution of the Contract
Agreement by the parties thereto; (b) presentation
10
Refer to MCC PPG requirements
by the Contractor of a Statement (under Sub-Clause

14.3 [Application for Interim Payment Certificates])
for the same; (c) provision by the Contractor of the
Performance Security in accordance with Sub-
Clause 4.2 [Performance Security]; and (d)
provision by the Contractor of the advance payment
guarantee for the full advance payment amount in
accordance with Sub-Clause 14.2 [Advance
Payment] and in the form included in Section IX of
the Bidding Document or another substantially
similar form approved by the Employer.
14.2 (a) Repayment of the advance payment shall start after

certification of [insert percentage] percent [( %)]
of the Accepted Contract Amount.
14.2 (b) Amortization rate shall be [insert percentage]

percent [( %)]. Advance Payment shall be
recovered in full prior to the time when [insert
percentage] percent [( %)] of the Accepted
Contract Amount has been certified for payment.
Application for Interim 14.3(c) Amount to be retained shall be: [[insert

Payment Certificates percentage] percent [( %)] of Interim Payment
Certificates.
14.3(c) Limit of retention money shall be: [insert

percentage] percent [( %)] of the Contract Price.
Plant and Materials 14.5(b)(i) In the table of Plant and Materials immediately
intended for the Works 14.5(c)(i) below, Bidders shall indicate the major items of
Plant and Materials and the proposed country of
origin for each.
Table of Plant and Materials
Item Country of Origin

For payment when shipped:
Plant (list all major items)
Material (list all major items)
For payment when delivered to Site:
Plant (list all major items)
Material (list all major items)
Issue of Interim 14.6 Minimum amount of an Interim Payment Certificates shall be:
Payment Mauritian rupees [insert], with no more than one (1) submission per
Certificates month.
Payment 14.7 Contractor’s nominated account(s) is/are:
For foreign currencies: [insert account number]

For Local Currency: [insert account number]
Table B. Summary of Payment Currencies

Table: Alternative A
For ………………………..[insert name of Section of the Works]
A B C D
Name of payment Amount of Rate of exchange Local currency Percentage of
currency currency (local currency per equivalent Net Bid Price
unit of foreign) C=AxB (NBP)
100xC
NBP
Local currency 1.00
Foreign currency #1
Foreign currency #2
Foreign currency #3
Net Bid Price 100.00
Provisional sums [To be entered [To be entered by
expressed in local by the the Employer]
currency Employer]
BID PRICE
Table C: Alternative B
To be used only with Alternative B Prices directly quoted in the currencies of payment. (Clause ITB
16.1)
Summary of currencies of the bid for ___________ [insert name of Section of the Works]
Name of currency Amounts payable

Local currency:
Foreign currency #1:
Delayed 14.8 Financing charges shall be: For foreign currencies, London Inter-
Payment bank Offer Rate (LIBOR) plus [insert percentage] percent
[( %)] and for local currency ………….[insert percentage].
Currencies of 14.15 Currencies of payment shall be: the currency (ies) of the Accepted
Payment Contract Amount.
General 18.1(a) Insuring Party shall submit evidence of insurance: on or prior to the
Requirements Commencement Date. Insuring Party shall submit copies of
for insurance policies: on or prior to the Commencement Date.
Insurances
Insurance for 18.2 Deductibles per occurrence shall not exceed:
Works and Muritian rupees [insert] per occurrence.
Contractor’s
Equipment
Insurance 18.3 Limit per occurrence shall not be less than:
against Injury MUR [insert] per occurrence.
to Persons
and Damage
to Property
Appointment 20.2 Appointment of the DAB: Within twenty eight (28) days after the
of the Commencement Date.
Dispute DAB shall comprise: [insert] members.
Adjudication
Board
Failure to 20.3 Appointing entity shall be: [insert]
Agree
Dispute
Adjudication
Board
Arbitration 20.6(a) Arbitration in accordance to Laws of Mauritius.

(i)
Form of Bid Security (Bank/Insurance Guarantee)
Where the Employer requires Bidders to submit a Bid Security, Bidders shall submit
physically an Original Bid Security as per format hereunder for the amount and validity
period as specified in the Bidding document to reach the Employer by the deadline for
submission of bids at the place indicated in the Bidding Document, and forward also a
scanned copy of same along with their bid online using the response template specifically
provided for this purpose.
(Bank/Insurance Guarantee)
....................................Bank/Insurance Company’s Name and Address of issuing Branch or

Office.........................
Beneficiary: Name and Address of public body………..................................
Date: ..................................................................................................................................
BID GUARANTEE No.: ......................................................................................................
We have been informed that ......................name of the Bidder……...... (hereinafter called "the
Bidder") has submitted to you its bid dated.................... (hereinafter called "the Bid") for the
execution of .............................name of contract ......................... under Invitation for Bids
No..........................IFB number ….................. (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a

bid security.
At the request of the Bidder, we ..................................name of Bank/Insurance

Company ...................... hereby irrevocably undertake to pay you any sum or sums not
exceeding in total an amount of ............................amount in figures…........................ .
(..............amount in words...................) upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Bidder is in breach of its obligation(s)
under the bid conditions, because the Bidder:
(a) has modified or withdrawn its Bid after the deadline for submission of its bid
during the period of bid validity specified by the Bidder in the Form of Bid; or
(b) has refused to accept a correction of an error appearing on the face of the Bid;
or
(c) having been notified of the acceptance of its Bid by the public body during the
period of bid validity, (i) has failed or refused to sign the contract Form, if
required, or (ii) has failed or refused to furnish the performance security, in
accordance with the Instructions to Bidders.
This guarantee shall expire: (a) if the Bidder is the successful bidder, upon our receipt of
copies of the contract signed by the Bidder and the performance security issued to you upon
the instruction of the Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier
of (i) our receipt of a copy of your notification to the Bidder of the name of the successful
bidder; or (ii) thirty days after the expiration of the Bidder’s Bid.
Consequently, any demand for payment under this guarantee must be received by us at the
office on or before ..............Public body to insert date...............................
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication
No. 758. (Applicable to overseas bidders only).
.......................................Bank/Insurance Company’s seal and authorized

signature(s)..........................................
Section IV: Response Templates
B. Bidder’s Qualification Forms

To establish its qualifications to perform the Contract in accordance with the qualification
requirements set out in Section III, Evaluation and Qualification criteria
B 1. Bidder’s Qualification Forms

Bidders shall prepare soft copy of the information required and in the format as indicated in
the tables hereunder, and upload them online one by one in the response template
“Qualification and Experience (Without Prequalification)” provided in the system.:
1. ELI-1: Bidder Information Sheet

2. ELI-2: JV/Association/Sub-contractor Information Sheet
3. ELI-3: Government-Owned Enterprise Certification Form
4. CON-1: Historical Contract Non-Performance
5. FIN-1: Financial Situation
6. FIN-2: Average Annual Construction Turnover
7. FIN-3: Financial Resources
8. FIN-4: Current Contract Commitments/Works in Progress
9. EXP-1: General Design Experience
10. EXP-2: General Construction Experience
11. EXP-3: Similar Design Experience
12. EXP-4: Similar Construction Experience
13. EXP-5: Specific Design Experience
14. EXP-6: Specific Construction Experience
15. EXP-7: Environmental and Social (E&S) Management Experience
16. EXP-8: Health and Safety (H&S) Management Experience
Form ELI-1: Bidder Information Sheet

Bidders shall upload a soft copy of the data required herein in the response template
“Qualification and Experience (Without Preqalification)
Bidder’s legal name
In case of JV or other
association, legal name
of each member
Bidder’s country of
constitution
Bidder’s year of
constitution
Bidder’s legal address in

country of constitution
Bidder’s authorized
representative
(name, address, telephone
numbers, fax numbers, e-
mail address)
Attached are copies of the following original documents.
 1. In case of single entity, articles of incorporation or constitution of the legal entity named above, in
accordance with ITB 5.
 2. Authorization to represent the firm or JV named in above, in accordance with ITB 21.2 and 21.3.
 3. In case of JV or other association, letter of intent to form JV or other association or JV/association
agreement, in accordance with ITB 5.2.
 4. Government-Owned Enterprise Certification Form [ELI-3]
Form ELI-2: JV/Association/Sub-Contractor Information Sheet
Each member of a JV/Association making up a Bidder and each known subcontractor must fill in
this form.
JV /Association/Subcontractor Information
Bidder’s legal name
JV Member’s or
Subcontractor’s legal
name
JV Member’s or
Subcontractor’s country
of constitution
JV Member’s or
Subcontractor’s year of
constitution
JV Member’s or
Subcontractor’s legal
address in country of
constitution
JV Member’s or
Subcontractor’s
authorized
representative
information
(name, address,
telephone numbers, fax
numbers, e-mail
address)
Attached are copies of the following original documents.
 1. Articles of incorporation or constitution of the legal entity named above, in accordance with ITB 5.
 2. Authorization to represent the firm named above, in accordance with ITB 21.2 and 21.3.
 3. Government-Owned Enterprise Certification Form [ELI-3].
ELI-3: Government-Owned Enterprise Certification Form

For purposes of this form, the term “Government” means one or more governments, including
any agency, instrumentality, subdivision or other unit of government at any level of jurisdiction
(national or subnational).
CERTIFICATION
Full Legal Name of Bidder:

______________________________________________________________________
Address of Principal Place of Business or Chief Executive Office of Bidder:
______________________________________________________________________________
______________________________________________________________________________
Full Name of Three (3) Highest Ranking Officials of Bidder (for any Bidder that is an entity):
________________________________________________
________________________________________________
________________________________________________
Full Legal Name(s) of Parent Entity or Entities of Bidder (if applicable; if Bidder has no parent,
please so state):
______________________________________________________________________________
Full Legal Name(s) of Parent Entity or Entities of Bidder in Language and Script of Country of
Formation (if applicable and if different from above):
______________________________________________________________________________
Address(es) of Principal Place of Business or Chief Executive Office of Parent Entity or Entities
of Bidder (if applicable):
______________________________________________________________________________
______________________________________________________________________________
1) Does a Government own a majority or controlling interest (whether by value or voting
interest) of your shares or other ownership interest (whether directly or indirectly and whether
through fiduciaries, agents or other means)?
Yes  No 
2) Regardless of how you answered question 1, please answer the following:
a. Do you receive any subsidy or payment (including any form of subsidized credit) or
any other form of assistance (financial or otherwise) from a Government?
Yes  No 
If yes, describe: _________________________________________________________

b. Has a Government granted to you any special or exclusive legal or economic rights or
benefits that may alter the competitiveness of your goods, works or services or
otherwise influence your business decisions? Yes  No 
If yes, describe: _________________________________________________________
4) Have you ever been Government-owned or controlled? Yes  No 
5) If your answer to question 4 was yes, please answer the following questions:
a. How long were you Government-owned?
________________________________________________
b. When were you privatized?
___________________________________________________________
c. Do you receive any subsidy or payment (including any form of subsidized credit) or
any other form of assistance (financial or otherwise) from a Government?
Yes  No 
If yes, describe:
________________________________________________________________________
d. Even though not majority or controlling, does a Government continue to hold any
ownership interest or decision making authority in you or your affairs?
Yes  No 
If yes, describe:
________________________________________________________________________
e. Do you send any funds to a Government other than taxes and fees in the ordinary
course of your business in percentages and amounts equivalent to other non-
Government-owned enterprises in your country that are engaged in the same sector or
industry? Yes  No 
If yes, describe:
________________________________________________________________________
I hereby certify that the information provided above is true and correct in all material respects
and understand that any material misstatement, misrepresentation or failure to provide the
information requested in this certification may be deemed a “fraudulent practice”.
Authorized Signature: ___________________________________ Date: _________________

Printed Name of Signatory:
______________________________________________________________________
Form CON–1
Historical Contract Non-Performance
The following table shall be filled in for the Bidder and for each member of a joint venture or
other association that is a party to the Bidder.
Bidder’s Legal Name: [insert full name]
Date: [insert day, month, year]
Bidder’s Party’s Legal Name: [insert full name]
Page [insert page number] of [insert total number] pages
Non-Performing Contracts in accordance with Section III, Evaluation and Qualification Criteria
Requirements
 Contract non-performance did not occur during the five years prior to the deadline for Bid submission in
accordance with Section III, Evaluation and Qualification Criteria Requirements)), Sub-Factor 2.2.1.
OR
 Contract(s) not performed during the five years prior to the deadline for Bid submission in accordance with
Section III, Evaluation and Qualification Criteria Requirements, Sub-Factor 2.2.1.
Total Contract
Non performed
Contract Identification Amount (current
Year portion of
value, MUR/USD
contract
equivalent)
[insert [insert amount Contract identification: [indicate complete contract name, [insert amount]
year] and percentage] number, and any other identification]
Name of institution: [insert full name]
Address of institution: [insert street/city/country]
Reason(s) for non-performance: [indicate main reason(s)]
Failure to Sign a Contract, in accordance with Section III, Evaluation and Qualification Criteria
Requirements Requirements
No failure to sign a contract in accordance with Sub-Factor 2.2.2 of Section III, Evaluation and Qualification
Criteria Requirements
OR
 Failure to sign a contract in accordance with Sub-Factor 2.2.2 of Section III, Evaluation and Qualification
Criteria Requirements
Failure to Sign Contract
In the event of failure to sign a contract, clarify/explain your situation according to Sub-Factor 2.2.2 of Section
III, Bid Review, Evaluation Criteria and Bidder Qualification Requirements
Year Claim as Contract Identification Total Contract

Percentage of Amount (current
value, MUR/US$
Total Assets
equivalent)
[insert [insert Contract identification: [indicate complete contract name, [insert amount]
year] percentage] number, and any other identification]
Name of institution: [insert full name]
Address of institution: [insert street/city/country]
Matter in dispute: [indicate main issues in dispute]
Current and Past Proceedings, Litigation, Arbitration, Actions, Claims, Investigations and Disputes in
accordance with Section III, Evaluation and Qualification Criteria Requirements
(each member of a JV/association making up a Bidder must complete this table)
Provide information on current or past proceedings, litigation, arbitration, actions, claims, investigations or
disputes over the last five (5) years as shown in the form below in accordance with Sub-Factor 2.2.3 of
Section III, Evaluation and Qualification Criteria Requirements.
The Bidder, or a related company or entity, is currently, or within the past five (5) years has been, involved in any
proceeding, litigation, arbitration, action, claim, investigation or dispute the process or outcome of which the
Employer could reasonably interpret may impact or have the potential to impact the financial condition of the
Bidder in a manner that may adversely affect the Bidder’s ability to satisfy any of its obligations under the
Contract:
 No OR  Yes
If Yes, Describe:
Year: Matter in Dispute: Value of Award (Actual or

Potential) Against Consultant in
US$ Equivalent:
FIN-1: Financial Situation

Each Bidder or member of a JV/Association making up a Bidder must fill in this form.
Financial Data for Previous 5 Years [US$ Equivalent]
Year 1: Year 2: Year 3: Year 4: Year 5:
Information from Balance Sheet
Total Assets
Total Liabilities
Net Worth
Current Assets
Current Liabilities
Information from Income Statement
Total Revenues
Profits Before Taxes
Profits After Taxes
 Attached are copies of financial statements (balance sheets including all related notes and income statements)
for the last 5 years, as indicated above, complying with the following conditions.
 All such documents reflect the financial situation of the Bidder or member of a JV or other association,
and not sister or parent companies.
 Historic financial statements must be audited by a certified accountant.
 Historic financial statements must be complete, including all notes to the financial statements.
 Historic financial statements must correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
Financial Ratios
Current Ratio
Debt Ration
*Bidders to fill this table. The Employer will verify during the review process.
FIN 1 Financial Situation(continued)
Key Financial Information extracted from Audited Accounts/Financial Statements
Financial data in the currency reported in Historical Information Remarks by BEC

the Audited Accounts/Financial Statements
Previous Last Current
years year year
Statement of Financial Position (Information from Balance Sheet)
A. Current Assets
B. Current Liabilities
Working capital ratio or current ratio( A/B)
Quick ratio or Acid Test ratio (Current
Asset net of stock / B)
C. Total Assets
D. Total Liabilities
Net Worth( C-D)
Cash in hand and at Bank
Bank Overdrafts
Other Liquid Assets
Information from Income statement
Key Profitability Indicators in the Previous Last Current

currency reported in the Audited years year year
Accounts/Financial Statements
Turnover
Profit /(Loss )Before Tax
Taxation
Net Profit /(Loss) After Tax
(Net profit After tax )x 100 (Turnover)
Certified by Bidder that information are true extract from Audited
Accounts/Financial Statements Name:
Signature:
Capacity:
Date:
FIN-2: Average Annual Turnover

Each Bidder or member of a JV/Association making up a Bidder must fill in these forms.
Annual Turnover Data for the Last 5 Years (Construction only)

Amount Exchange MUR/US$
Year
Currency Rate Equivalent
Average Annual Construction Turnover
The information supplied should be the annual construction turnover of the Bidder or each
member of a JV/Association making up a Bidder in terms of the amounts billed to clients for each
year for work in progress or completed, converted to USD at the rate of exchange at the end of
the period reported.
Annual Turnover Data for the Last 5 Years (Design only)

Amount Exchange MUR/US$
Year
Currency Rate Equivalent
Average Annual Design Turnover
The information supplied should be the annual design turnover of the Bidder or each member of a
JV/Association making up a Bidder in terms of the amounts billed to clients for each year for
work in progress or completed, converted to MUR/USD at the rate of exchange at the end of the
period reported.
FIN-3: Financial Resources
Each Bidder or member of a JV/Association making up a Bidder must fill in this form,
specifying proposed sources of financing, such as liquid assets, unencumbered real assets,
lines of credit, and other financial means, net of current commitments, available to meet the
total construction cash flow demands of the subject Contract or contracts as indicated in
Section III, Evaluation and Qualification Criteria Requirements.
No. Source of Financing Amount MUR/ (USD equivalent)
4
FIN-4: Current Contract Commitments / Works in Progress

Each Bidder and each member of a JV/Association making up a Bidder should provide
information on their current commitments on all contracts that have been awarded, or for which a
letter of intent or acceptance has been received, or for contracts approaching completion, but for
which an unqualified, full completion certificate has yet to be issued.
Name of Contract Employer, Value of Estimated Average monthly

contact outstanding work completion date invoicing over last
address/tel/fax (current six months
MUR/USD (MUR/USD/month)
equivalent)
Form EXP-1: General Design Experience

General Design Experience

Contract Identification and Name Role of
Starting Ending Bidder/Member
Name and Address of Employer
of a
Month Month Years Brief description of the Designs Executed by the JV/Association
Year Year Bidder/Member of a JV/Association making up making up the
the Bidder Bidder
Form EXP-2: General Construction Experience

General Construction Experience

Contract Identification and Name Role of
Starting Ending Bidder/Member
of a
Month Month Years Brief Description of the Works Executed by the JV/Association
Year Year Bidder/Member of a JV/Association making up making up the
the Bidder Bidder
Form EXP-3: Similar Design Experience

Fill in one (1) form per contract.
Contract of Similar Size and Nature
Contract No . . . . . .
Contract Identification
of . . . . . .
Award Date Completion Date
Role in Contract  Contractor  Designer  Subcontractor

Total Contract Amount US$
If a member of a joint
venture or other
consortium making up the
Percent of Total Amount
Bidder or a subcontractor,
specify participation of
total contract amount
Employer’s Name
Address
Telephone/Fax Number
E-mail
Description of the similarity in accordance with Sub-Factor 2.4.3 of Section III

Form EXP-4: Similar Construction Experience

Contract of Similar Size and Nature

of . . . . . .
Role in Contract  Contractor  Management  Subcontractor

Contractor
Total Contract Amount MUR/US$
If member of a JV or
other association, or a
subcontractor, specify Percent of Total Amount
participation of total
contract amount
Employer’s Name
Address
Telephone/Fax Number
E-mail
Description of the similarity in accordance with Sub-Factor 2.4.4 of Section III

Form EXP-5: Specific Design Experience in Key Activities

Contract with Specific Key Activities

of . . . . . .

Contractor
contract amount
Employer’s Name
Address
Telephone Number
Fax Number
E-mail
Description of the key activities in accordance with Sub-Factor 2.4.5 of Section III
Form EXP-6: Specific Construction Experience in Key Activities

Contract with Specific Key Activities

of . . . . . .

Contractor
contract amount
Employer’s Name
Address
Telephone Number
Fax Number
E-mail
Description of the key activities in accordance with Sub-Factor 2.4.6 of Section III
Form EXP-7: Environmental and Social (E&S) Management Experience

Contract Identification and Name Role of Bidder (i.e.

Starting Ending Name and Address of Employer primary contractor
Month Month Brief Description of the Works Executed by the Bidder, or sub-contractor
Year Year the Types of E&S Impacts Encountered, and Mitigation responsible for
Measures Implemented E&S issues)
Form EXP-8: Health and Safety (H&S) Management Experience

Contract Identification and Name Role of Bidder (i.e.

Starting Ending primary contractor
Month Month or sub-contractor
Brief Description of the Works Executed by the Bidder responsible for
Year Year
and H&S Measures Implemented H&S issues)
C. Technical Offer Forms
Bidders shall prpepare a soft copy of the data and in the format required hereunderas per the
Technical Offer Forms and upload the documents online in the response template
“Technical Offer – Design and build”
Form TECH-1: Design Proposal
The data required herunder must be prepared in soft copy and uploaded in the response
template “Technical Offer – Design and Build”
The Bidder shall prepare the following documents that will form the Design Proposal:
(a) Preliminary Design of all elements of the Works. The Preliminary Design shall comprise
drawings and technical specifications. Drawings scales shall range from 1:100 to 1:500,
or as otherwise specified in the Employer’s Requirements.
(b) Commentary on the Employer's Requirements, including status of the information

available and relevant design issues for the Works, detailing how the critical
requirements will be achieved.
(c) Discussion of how the Bidder proposes to develop the design at key stages, including a
commentary on any necessary mapping and/or survey work and the proposed design
methodology for key elements of the Works.
(d) Discussion of how the Bidder proposes to incorporate environmental and social
considerations, including the prevention and management of negative impacts, avoidance
of resettlement, and inclusion of mitigation measures and health and safety concerns into
the design, including proposed methods for coordinating design work with concurrent
environmental and social management plans and any resettlement planning and
implementation activities being carried out by others.11
(e) Name, qualifications, and particulars of the design company and designers in charge of
the design of the Works.
(f) Proposed names of suppliers and details for all essential equipment items, including but
not limited to such items as [insert list as may be appropriate]. Specifications shall be
accompanied by manufacturers' brochures and details of the main items and equipment,
especially those listed above, and indication of availability when needed in the general
project timeframe, respectively.
(g) Comments on any errors or defects noted in the Employer’s Requirements, along with
details of any exceptions taken to the Employer's Requirements.
(h) [Insert anything else, as may be appropriate.]
11
For the avoidance of doubt, resettlement of any persons pursuant to any applicable resettlement action plan
shall be the responsibility of the Employer.
Form TECH-2: Method Statement
The adequacy of the Bidder’s Technical Offer to meet the Employer’s Requirements and Time
for Completion is important to determine if the Bid is substantially responsive as defined at
Section III, Bid Review, Evaluation Criteria and Bidder Qualification Requirements.
The Technical Offer shall, therefore, include a Method Statement for execution of the Works,
which shall demonstrate the adequacy of the Bid to meet the Employer’s Requirements and for
achieving the Employer’s objective with regards to performance under the Employer’s
Requirements and to complete the whole of the Works in accordance with the stated
requirements in the Conditions of Contract. In this context, it is necessary for Bidders to
demonstrate a complete understanding of the scope, nature and resource needs for execution of
the Works and the necessary sequencing of the different elements and associated activities
comprising the Works to be executed, all within the Time for Completion stated in the Appendix
to Bid, as calculated from the Commencement Date (Sub-Clause 8.1).
The Method Statement shall, therefore, include, but shall not necessarily be limited to, the
following:
(a) Description of the Bidder’s proposed programming and sequencing of all main activities,
identifying those for which timing may be critical within the Time for Completion.
(b) Description of the measures included in the Bid which will be implemented to achieve
the quality of execution required under the Contract.
(c) Statement demonstrating Bidder’s appreciation and recognition of current conditions
within the limits of site and any arrangements needed and included in the Bid to
minimize disruption during the execution of the Works.
(d) Description of the risks to safety within the limits of site and surrounding areas created
by the execution of the Works and the measures included in the Bid to mitigate risk to all
personnel involved with the Works and including the general public.
(e) Description of the approach which the Bidder intends to adopt and has included in the
Bid to acquire and develop a site for the Contractor’s and Engineer’s facilities, given the
nature of the surrounding areas.
(f) Description of arrangements which the Bidder proposes and has included in the Bid to
address the activities undertaken by others (if any) on behalf of the Employer adjacent to
and within the limits of site as described in the Contract, including the contractors
appointed by the Employer for purpose of [insert as may be relevant] and, therefore, the
need to program the execution of the Works accordingly within the Time for Completion
and within the Accepted Contract Amount.
(g) Description of arrangements which the Bidder proposes to adopt to address the need for
phased relocation of peoples and properties located within the limits of site and phased
right of access to, and possession of the Site as described in the Contract and, therefore,
the need to program the execution of the Works accordingly within the Time for
Completion. [Use if relevant]
(h) Description of arrangements which the Bidder proposes to adopt and has included in the
Bid to ensure compliance with the environmental, social, gender, health and safety
requirements called for in the Employer’s Requirements.
(i) Description of arrangements which the Bidder proposes to adopt and has included in the
Bid to ensure compliance with the gender requirements called for in the Employer’s
Requirements, including Trafficking in Persons (“TIP”) prohibitions. It is understood
that this type of expertise and experience may be outside of the normal experience of
some Bidders, and thus call special attention to the importance of an adequately inter-
disciplinary offer and staffing plan.
(j) Description of arrangements which the Bidder proposes and has included in the Bid to
address the geotechnical and hydrological nature of the existing ground and methods for
undertaking excavation, filling and any necessary dewatering requirements included in
the Bid. [Use if relevant]
(k) Description of arrangements which the Bidder proposes to adopt and has included in the
Bid for testing and testing upon completion, as may be called for in the Employer’s
Requirements.
(l) Description of arrangements which the Bidder proposes to adopt and has included in the
Bid for handover, including completion of as-built drawings, and any additional matters.
Form TECH-3: Environmental, Social, Gender, Health & Safety Staffing Methodology
Bidders must provide the information below to show that they have in place sufficient
environmental, social, gender, health and safety staffing and methodology to be able to perform
the Contractor’s responsibilities under the Contract in accordance with MCC Environmental
Guidelines, the MCC Gender Policy, the Employer’s Social and Gender Integration Plan, the
Employer’s country’s environmental laws and regulations, and in a safe and workmanlike
manner.
Note: The successful Bidder will be required to carry out the Works in accordance with the site-
specific Contractor’s Environmental and Social Management Plan (“CESMP”) and the site-
specific Health and Safety Management Plan (“HSMP”), to be prepared by it following Contract
award, and approved by the Engineer. The site-specific CESMP and HSMP shall be prepared
based on the contents of Section V, Employer’s Requirements and the Employer’s
Environmental & Social Management Plan. This includes requirements on community
engagement and gender integration incorporated into the CESMP, gender analysis, the
Employer’s Social and Gender Integration Plan, and TIP requirements of MCC and the
Employer’s country’s laws and regulations.
The Bidder shall demonstrate in a narrative section of their Technical Offer that it possesses an
appropriate level of environmental, social, health, safety, and gender management expertise and
can successfully manage the environment, social, health, safety and gender risks associated with
the implementation of the proposed Works, as follows:
(a) Describe proposed environmental, social, health, safety, and gender staffing, roles and
responsibilities, and management structure.
(b) Describe the proposed approach to systematically managing environmental, social,
health, safety, and gender risks and impacts during implementation of this project,
including a description of the mitigation measures that will be used and international
environmental, social, health, safety, and gender standards that may be applicable. Note
appropriate mechanisms for monitoring performance, reporting, grievance redress, and
taking corrective actions as appropriate. Provide enough detail to demonstrate an
understanding of the critical environmental, social, health, safety, and gender issues
related to the project.
Form TECH-4: Program
The adequacy of the Bidder’s Technical Offer to meet the Employer’s Requirements and Time
for Completion is important to determine if the Bid is substantially responsive as defined at
Section III Evaluation Criteria and Bidder Qualification Requirements.
The Bidders shall, therefore, include as part of the Technical Offer a Program which shall form
the basis of the Contractor’s detailed time program to be submitted under Sub-Clause 8.3
[Programme] of the Conditions of Contract and which includes a schedule of key activities for
execution of the Works, including estimated start and finish dates for individual activities,
identifying those activities for which timing may be critical within the Time for Completion.
The Bidders shall also provide, in case of the critical and other main activities, calculations of
required outputs and anticipated levels of resources in terms of equipment and material
production necessary to complete within the Time for Completion.
The Program shall, therefore, include, but shall not necessarily be limited to the following:
(a) Details of the proposed schedule for preparation of the work program, site-specific
Contractor’s Environmental and Social Management Plan, site-specific Health and Safety
Management Plan, Quality Assurance Plan, and designs , including designs reviews and
approval by the Engineer.
(b) Details of the proposed schedule to complete mobilization in preparation for carrying out
the Works.
(c) Details of the proposed timeline for carrying out the Works within the Time for
Completion, in the form of a bar chart showing notably the critical path.
(d) Details of the resource requirements (personnel, equipment and materials) to complete
the Works within the Time for Completion.
(e) Details of the proposed timeline for the testing, commissioning and handing over of the
completed Works.
Form TECH-5: Cash Flow Projection
Each Bidder shall set out details of the Cash Flow Projection indicating quarterly projected
expenditure throughout the duration of the Contract, both the percent of the Accepted Contract
Amount and the cumulative percentage of the Accepted Contract Amount by quarter. The Cash
Flow Projection shall address the following, taking into consideration payment of the advance
payment, amortization of the advance payment, minimum payments, and the retention:
(a) The periodic payments by milestones for the completion of the mobilization.
(b) The periodic payments based on measurement for the construction of the Works.
Form TECH-6: Project Management Organization
The data required herunder msut be prepared in soft copy and uploaded in the response
template “Technical Offer – Design and build”
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to
meet the requirements for the key personnel listed in Part II, Employer’s Requirements. At a
minimum, CVs must be provided for the Key Personnel for the following positions, using the
forms provided for that purpose:
In Similar
Total Work Similar Works
No. Position Name
Experience (years) Experience
(years)
1 Project Manager
2 Designer
3 [insert others as
appropriate]
4
5 Environmental and
Social Manager
6 Health and Safety
Manager
7 Gender Specialist, as
appropriate based on
the technical
specifications
In addition, the Bidder shall provide information on:

(a) Organizational chart showing lines of communications as well as communications plan
for managing communications with key stakeholders.
(b) Plans for subcontracting any parts of the Works and the services to be carried out by
specialized Subcontractors.
(c) Completed Subcontractor Information Sheets for all such identified specialized
Subcontractors.
(d) Quality management system, describing the basis and operation of the proposed quality
management system, including testing, management reviews, procedural audits,
checking, procedures for monitoring, reporting and dealing with nonconformities,
corrective actions, and feedback.
Please note that, during Contract negotiations, the Employer will not consider substitution of any
Key Personnel unless both parties agree that undue delay in the selection process makes such
substitution unavoidable or for reasons such as death or medical incapacity of one of the Key
Personnel. Notwithstanding the above, the substitution of Key Personnel at the negotiations may
be considered if due solely to circumstances outside the reasonable control of and not foreseeable
by the Contractor, including but not limited to death or medical incapacity, and or if so requested
by the Employer as a result of the Bid review process. In such a case, the Bidder shall offer a
substitute Key Personnel within the period of time specified by the Employer who shall have
equivalent or better qualifications and experience than the original candidate.
Form TECH-7: Construction Equipment
The data required herunder musut be prepared in soft copy and uploaded in the response
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to
meet the requirements for the key equipment listed in Part II, Work Requirements. A separate
Form shall be prepared for each item of equipment listed, or for alternative equipment proposed by
the Bidder.
Item of equipment
Equipment Name of manufacturer Model and power rating

information
Capacity Year of manufacture
Current status Current location
Details of current commitments
Source Indicate source of the equipment

o Owned o Rented o Leased o Specially manufactured
Omit the following information for equipment owned by the Bidder.
Owner Name of owner

Address of owner
Telephone Contact name and title

Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project
Form TECH-8: CVs of Key Personnel
Name of Bidder
Position
Personnel Name Date of birth

information
Professional qualifications
Present Name of employer

employment
Address of employer
Telephone Contact (manager / personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience over the last 10 years, in reverse chronological order. Indicate
particular technical and managerial experience relevant to the project.
From To Company / Project / Position / Relevant technical and management experience

PART 2 –Employer’s Requirements
Section V. Employer’s Requirements

This section contains the volumes of information that more fully describe the Works to be
designed and constructed and includes the following sub-sections:
Schedule of Prices
This sub-section, which may include one or more Schedules of Prices, contains an itemized
description and listing of the quantities of Works to be performed or listing of the milestones
to be completed. The quantities given in the Schedule of Prices are estimated, non-
exhaustive and provisional, based on the Employer’s Requirements and the Drawings; and
are given to enable Bidders to prepare priced Bids.
Furthermore, Bidders will be allowed to bring in additional items that they consider will be
required for them to Design, Build and Commission the works up to handing over.
Bidders will have to fill in their prices in the response templates provided online. The
Employer will provide different templates for additional items in sufficient number and
adequate lines for bidders to insert the additional items.
The Price Schedules shown hereunder are for Bidders to have a preview of the format of
Price Schedules that have been provided for this IFB online. Bidders may use it as amodel
for their working documents and but not for submitting their prices as attcahments to their
bids. Bidders should strictly fill in their prices online in the Response Templates.
When the contract has been entered into, the priced Schedule of Prices will be used in the
periodic valuation of Works executed.
Employer’s Requirements
This sub-section describes the scope of the Works to be designed and constructed and
presents a clear statement of the required outputs of the completed Works and standards for
materials, plant, supplies, and workmanship to be provided. The Employer’s Requirements
also present the environmental, social, health and safety requirements to be satisfied by the
contractor in designing and executing the Works. The Employer’s Requirements should
reference applicable standards and codes. Where applicable, the Employer’s Requirements
should specify the performance-based indicators to be achieved by the completed Works.
Please note that the winning Contractor shall be required to prepare a site-specific
“Contractor’s Environmental & Social Management Plan” (“CESMP”) and a site-specific
“Health and Safety Management Plan” (“HSMP”) based on the relevant environmental,
social, health and safety specifications found in the Employer’s Requirements and applicable
country laws and regulations. Additional environmental, social, health and safety analyses
and documents may be provided as reference to help Bidders understand what will be
required to implement the environmental and social mitigation measures associated with the
project.
Drawings
This sub-section contains drawings, noting approximate completion level, to allow bidders to
understand the type and complexity of the work involved and to price their bids.
SCHEDULES OF PRICES
BIDDERS SHALL FILL IN ALL THE PRICES ONLINE DIRECTLY IN THE RESPECTIVE TEMPLATES
1. Schedule I _Price Proposal_ Design, Drawings and Documentation (Base Offer)
Serial Item Description Local Cost Foreign Cost Total Amount

Serial
No Cod Description Unit Quantit RateComponent
of Rate ofin Component
Currency Base
in in MUR Foreign Local cost Amount
No e y localMUR Foreign MUR (drop Rate for cost component excluding
1.1 Design, Drawing and component Component down list) Foreign component excluding VAT –
Documentation excluding Currency excluding VAT –
VAT – conversion VAT - MUR
MUR in MUR MUR MUR
1
2
3
n
2. Schedule III_ Price Proposal _ Plant & Equipment, including mandatory spare parts (Base Offer)

No Component in Component in in MUR
MUR MUR (c)
(a) (b)
Serial Code Description Country Unit Quantity Rate of local Rate of Currency Base Foreign cost Local cost Amount
No of origin component Foreign (drop Rate for component component excluding
(inclusive of Component down list) Foreign (inclusive of (inclusive of VAT –
duty and Currency duty and duty and
taxes and conversion taxes and taxes and
excluding in MUR excluding excluding MUR
VAT) – VAT) - VAT)
MUR MUR
MUR
1
2
3
4
n
3. Schedule V_ Price Proposal: Civil works, Installations and other Services (Base Offer)

No Component in Component in in MUR
Serial Cod Description Unit Quantit Rate
MUR of Rate of MURCurrency Base Foreign Local cost Amount
No
1.1 e y local Foreign (drop Rate for cost component excludin
component Component down list) Foreign component excluding g
excluding Currency excluding VAT – VAT –
VAT – conversion VAT -
MUR in MUR MUR
MUR MUR
1
2
3
n
Section VI. Conditions of Contract 98
4. Provisional Sum and Contingencies for Design and Build Works

(Base)
BIDDERS SHALL FILL IN ALL THE DATA ONLINE DIRECTLY IN THE
RESPECTIVE TEMPLATES
Bidders may provide Provisional sum and Contingencies amount for specific sections of
the works both for local cost and foreign cost components. The Total of all items shall be
worked out by the system. These will have to be manually forwarded to the Grand
Summary.
Local Cost Foreign Total

Component Cost Amount
MUR Component MUR
MUR
Serial Foreign Currency Base Foreign Local Amount

No Specified Component Rate component Component
Provisional Cost Cost Cost
/Contingencies MUR MUR MUR
amount
1
2
3
4
5. Grand Summary of Schedules (Base Offer) for Design and Build Works
BIDDERS SHALL FILL IN ALL THE DATA ONLINE DIRECTLY IN THE
RESPECTIVE TEMPLATES
Bidders shall prepare the Grand Summary by bringing in all prices for local Cost
Component and Foreign Cost Component from all the Price Schedules in here. This
template will sum up the prices to give a Grand Total.
Local Cost Foreign Cost Total

Component Component Amount
MUR MUR MUR
General Summary Local Cost Foreign Cost Total

Schedules Component Component Amount
MUR MUR MUR
Schedule I_ Price Proposal_ Design,
Drawings and Documentation (Base Offer)
Schedule III _ Price Proposal_ Plant & Equipment,
including mandatory spare parts, (Base Offer)
Schedule V_ Price Proposal – Civil Works,
Installations and other Services (Base Offer)
Schedule VII_ Price Proposal_ Design, Civil
Works and Documentation (Additional Items
for Base Offer)
Schedule VIII_ Price Proposal _ Plant &
Equipment, including mandatory spare parts
(Additional items for Base Offer)
Schedule IX_ Price Proposal _ Civil Works,
Installations and Other Services (Additional
items for Base offer)
Provisional Sums and Contingencies (Total of
all specified amount for Base Offer ).
PART 3 – CONDITIONS OF
CONTRACT AND CONTRACT FORMS
Section VI. General Conditions (GC)
The Conditions of Contract comprise two parts: Part I – General Conditions (Section 2
of this document), and Part II – Conditions of Particular Application (Section 3 of this
document) as per FIDIC Plant and Design Build First Edition 1999.
The standard text of the FIDIC General Conditions of contract should be retained intact
to facilitate its reading and interpretation by bidders. Any amendments and additions to
the General Conditions, specific to the contract in hand, should be introduced in the
"Particular Conditions of Contract". Sample Particular Conditions, applicable to the
above FIDIC Conditions of Contract some of which have been adopted from the
Standard Bidding Document of Millennium Challenge Corporation of United States of
America, are included under Section 3, for ease of bidding documents preparation. The
public body should not consider these sample Particular Conditions as exhaustive as it
is its responsibility to amend these conditions to best suit the particular project.
Copies of the FIDIC Conditions of Contract can be obtained from:
FIDIC Secretariat
P.O. Box 86
1000 Lausanne 12
Switzerland
Facsimile: 41 21 653 5432
Telephone: 41 21 653 5003
Section VII. Particular Conditions (PC)
The following Particular Conditions as Part II of the Conditions of Contract shall supplement
Part I of the GC. Whenever there is a conflict, the provisions herein shall prevail over those
in the GC.
1. General Provisions
Sub-Clause 1.1.1 Amend Subpara. 1.1.1.1 (“Contract”) by adding the following at

The Contract the end:
“The words ‘Agreement’ and ‘Contract’ are used interchangeably.”
Amend Subpara. 1.1.1.8 (“Tender”) by adding the following at the

end:
“The word ‘tender’ is synonymous with ‘Bid,’ and the words

‘Letter of Tender’ with ‘Letter of Bid’, and the words ‘Appendix to
Tender’ with ‘Appendix to Bid,’ and the words ‘tender documents’
with ‘Bidding Documents.’”
Sub-Clause 1.1.3 Amend Sub-Para. 1.1.3.7 by inserting the following after the
Dates, Tests, Periods and reference to Sub-Clause 11.1:
Completion
“which extends over twelve months except if otherwise stated in
the Appendix to Bid”.
Sub-Clause 1.4 Replace the text of Sub-Clause 1.4 and add the following:
"The law of the Contract is the law of Mauritius.
“The language is the English language"
Sub-Clause 1.5 Delete the list of documents listed under (a) to (h) and add the
Priority of Documents following:
"(a) the Contract Agreement;
(b) the Letter of Acceptance;

(c) the Employer’s Requirements;
(d) the Bid;
(e) the Conditions of Contract, Part II;
(f) the Conditions of Contract, Part I;
(g) the Schedules;
(h) the Drawings; and
(i) the Contractor’s Proposal."
Sub-Clause 1.12 Replace the text of Sub-Clause 1.12 with the following:
Confidential Details
“The Contractor’s and the Employer’s Personnel shall disclose all
such confidential and other information as may be reasonably
Section VII. Particular Conditions 105
required in order to verify the Contractor’s compliance with the

Contract and allow its proper implementation; provided that the
requirements of this Sub-Clause 1.12 shall not apply to authorized
Representatives of the Employer and the Employer’s Audit.
“Each of the Parties shall treat the details of the Contract as private
and confidential, except to the extent necessary to carry out their
respective obligations under the Contract or to comply with
applicable Laws. Each of them shall not publish or disclose any
particulars of the design and of the Works prepared by the other
Party without the previous agreement of the other Party. However,
the Contractor shall be permitted to disclose any publicly available
information, or, with the prior consent of the Employer,
information otherwise reasonably required to establish its
qualifications to compete for other projects. If any dispute arises
as to the necessity of any publication or disclosure of the details of
the Contract, the same shall be referred to the Employer whose
determination shall be final. The Contractor shall ensure that the
requirements imposed on the Contractor by this Sub-Clause apply
equally to each Subcontractor.”
Sub-Clause 1.13 Amend Sub-Clause 1.13(b) by adding the following at the end:
Compliance with Laws
“unless the Contractor is impeded to accomplish these actions and
shows evidence of its diligence.”
3. The Engineer
Sub-Clause 3.1 Amend Sub-Clause 3.1 by replacing the word “may” in the first
Engineer’s Duties sentence of the third paragraph with the word “shall”.
and Authority
Amend Subpara. (b) of Sub-Clause 3.1 by deleting the word
“and” at the end.
Amend Subpara. (c) of Sub-Clause 3.1 by replacing the period at

the end with “; and”.
Amend Sub-Clause 3.1 by adding the following at the end:
“(d) any act by the Engineer in response to a Contractor’s

request except otherwise expressly specified shall be
notified in writing to the Contractor within 28 days of
receipt.
“The following provisions also shall apply:
“The Engineer shall obtain the specific approval of the Employer before
taking action under the-following Sub-Clauses of these Conditions:
(i) Sub-Clause 4.12 [Unforeseeable Physical Conditions]: Agreeing

to or determining an extension of time and/or additional cost.
(ii) Sub-Clause 10.1 [Taking-over of the Works and Sections]: Prior

to issuing Taking-Over Certificate.
(iii) Sub-Clause 11.9 [Performance Certificate]: Prior to issuing

Performance Certificate.
(iv) Sub-Clause 13.1 [Right to Vary]: Instructing a Variation, except if

such a Variation would increase the Accepted Contract Amount
by less than the percentage specified in the Appendix to Bid.
(v) Sub-Clause 13.3 [Variation Procedure]: Approving a proposal for

Variation submitted by the Contractor in accordance with Sub-
Clause 13.1 [Right to Vary] or 13.2 [Value Engineering], except if
such a Variation would increase the Accepted Contract Amount
by less than the percentage specified in the Appendix to Bid.
(vi) Sub-Clause 13.4 [Payment in Applicable Currencies]: Specifying

the amount payable in each of the applicable currencies.
“Notwithstanding the obligation, as set out above, to obtain

approval, if, in the opinion of the Engineer, an emergency occurs
affecting the safety of life or of the Works or of adjoining
property, he may, without relieving the Contractor of any of his
duties and responsibility under the Contract, instruct the
Contractor to execute all such work or to do all such things as
may, in the opinion of the Engineer, be necessary to abate or
reduce the risk. The Contractor shall forthwith comply, despite
the absence of approval of the Employer, with any such
instruction of the Engineer. Within 7 days of having issued such
emergency instructions, the Engineer shall submit written
documentation of such instructions to the Employer. The
Engineer shall determine an addition to the Contract Price, in
respect of such instruction, in accordance with Clause 13
[Variations and Adjustments] and shall notify the Contractor
accordingly, with a copy to the Employer.”
4. The Contractor
Sub-Clause 4.1 (a) Add the following sentence to precede the existing text under
Contractor’s General Sub-Clause 4.1:
Obligations
"The Contractor is required to check the design criteria and
calculations (if any) included in the Employer’s Requirements, to
confirm their correctness, in its bid and to assume full

responsibility for them."
‘Amend sub-clause 4.1 by adding the following at the end’.
a. “The Contractor and its Subcontractors, including their respective

personnel and affiliates, shall at all times during the term of this
Contract have the nationality of a country or territory eligible, in
accordance with the contract., The Contractor or a Subcontractor and
their respective personnel and affiliates shall be deemed to have the
nationality of a country if it is a citizen or constituted, incorporated, or
registered, and operates in conformity with the provisions of the laws of
that country.
b. “All Equipment, Materials, Plant and any services to be
incorporate in or required for the Works shall have their origin in Eligible
Countries.
c. “For the purpose of this Sub-Clause 4.1, “origin” means the place
where the Equipment, Materials or Plant 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, purposes or utility from its underlying components. With
respect to any services, the term “origin” means the place from which
the services are supplied.”
d.
e. “The contractor shall permit, and shall cause its subcontractors
and consultants to permit, the employer and/or persons authorized by
the employer to inspect the contractor’s offices and all accounts and
records relating to the performance of the contract and the submission
of the bid, and to have such accounts and records audited by auditors
appointed by the employer if requested by the employer.”
f.
Sub-Clause 4.2  Name the existing text as Sub-Clause 4.2 (i)

Performance Security
 Amend Sub-Clause 4.2 (i) by adding the following at the end:
“Without limitation to the other provisions of this Sub-Clause 4.2,

whenever the Engineer determines an addition to the Contract
Price as a result of a change in cost and/or legislation or as a
result of a Variation amounting to more than 25 percent of the
portion of the Contract Price payable in a specific currency, the
Contractor, at the Engineer’s written request, shall promptly
increase the value of the Performance Security in the applicable
currency by an equal percentage.
“The Performance Security of a joint venture or other consortium

shall be issued so as to commit fully all members of the joint
venture or other consortium.
The performance security shall be in the form of a bank/insurance

guarantee, issued either (a) by a bank/insurance company located
in the country of the Employer or a foreign bank through a
correspondent bank located in the country of the Employer, or (b)
directly by a foreign bank acceptable to the Employer. The
performance security shall be denominated in the types and
proportions of currencies in which the Contract Price is payable
The cost of complying with the requirements of this clause shall

be borne by the contractor
Preference Security Not Applicable
Sub-Clause 4.3 Amend Sub-Clause 4.3 by adding the following at the end:
Contractor’s
Representative “If the Engineer determines that the Contractor’s Representative
or any of these persons are not fluent in the said language, the
Contractor shall make competent interpreters available during all
working hours in a number deemed sufficient by the Engineer.”
Safety Procedures
“The Contractor shall notify the Engineer and Employer within
48 hours or as soon as reasonably possible after the occurrence of
any accident which has resulted in damage or loss of property,
disability or loss of human life, or which has or which could
reasonably be foreseen to have a material impact on the
environment and shall submit to the Engineer and Employer no
later than 28 days after the occurrence of such an event, a
summary report thereof.”
Protection of the
Environment “The Contractor shall be responsible for ensuring that all
Subcontractor’s and Contractor’s Personnel understand and
operate in accordance with the principles and requirements of the
environmental and social impacts provisions of this Sub-Clause.
“The Contractor’s program shall demonstrate clearly the

procedures and methods of working that the Contractor and its
Subcontractors will adopt to comply with the environmental and
social impacts requirements of this Sub-Clause.
“The Contractor shall ensure the adequate disposal of

construction and excavation wastes.
“The Contractor shall restore the Site to original conditions or to a

state as set out in the Employer’s Requirements after the
completion of the Works.”
Progress Reports
“Within 7 days of the submission by the Contractor of each
monthly progress report, the Engineer and the Employer shall
meet with the Contractor to discuss the progress of the Works.”
5. Design
Sub-Clause 5.4 Add the following sentence to the end of the Sub-Clause 5.4:
Technical Standards and
Regulations "In respect of technical specifications and standards, any national
or international standards which promise to confer equal or better
quality than the standards specified will also be acceptable."
6. Staff and Labor
Sub-Clause 6.4 To add at the end of this sub-clause:

[Labour Laws]
Notwithstanding the above provisions and any other provisions
under Part I, the employer and the contractor shall comply
with the following:
1.1 (a) The rates of remuneration and other conditions of

work of the employees of the Contractor shall not be less
favourable than those established for work of the same
character in the trade concerned-
(i) by collective agreement applying to a substantial
proportion of the workers and employers in the
trade concerned;
(ii) by arbitration awards; or
(iii) by Remuneration Regulations made under the
Employment Relation Act 2008.
(b) Where remuneration and conditions of work are not
regulated in a manner referred to at (a) above, the rates of
the remuneration and other conditions of work which are
not less favourable than the general level observed in the
trade in which the contractor is engaged by employers
whose general circumstances are similar.

1.2 No contractor shall be entitled to any payment in respect
of work performed in the execution of the contract unless
he has, together with his claim for payment, filed a
certificate:
(a) stating the rates of remuneration and hours of work of
the various categories of employees employed in the
execution of the contracts;
(b) stating whether any remuneration payable in respect
of work done is due;
(c) containing such other information as the authorized
officer administering the contract may require to satisfy
himself that the provisions under this clause have been
complied with.
1.3 Where the where the authorized officer is satisfied that
remuneration is still due to an employee employed under
this contract at the time the claim for payment is filed, he
may, unless the remuneration is sooner paid by the
Contractor, arrange for the payment of the remuneration
out of the money payable under this contract.
1.4 Every contractor shall display a copy of this clause of the
contract at the place at which the work required by the
contract is performed.
Contractor’s
Superintendence “If the Engineer determines that the Contractor’s Personnel
providing superintendence have inadequate knowledge of such
language, the Contractor shall make competent interpreters
available during all working hours in a number deemed
sufficient by the Engineer.”
Other Sub-Clauses may be added to take account of

the circumstances and locality of the site. A few
examples, to be numbered as appropriate, are
provided hereunder:
Sub-Clause 6.12 Add the following Sub-Clause 6.12:

Foreign Personnel
“The Contractor may bring in to the Country any foreign personnel who
are necessary for the execution of the Works to the extent allowed by
the applicable Laws. The Contractor shall ensure that these personnel
are provided with the required residence visas and work permits. The
Employer will, if requested by the Contractor, use his best endeavors in
a timely and expeditious manner to assist the Contractor in obtaining
any local, state, national, or government permission required for
bringing in the Contractor’s personnel.
“The Contractor shall be responsible for the return of these

personnel to the place where they were recruited or to their
domicile. In the event of the death in the Country of any of these
personnel or members of their families, the Contractor shall
similarly be responsible for making the appropriate arrangements
for their return or burial.”

Prohibition of Harmful
Child Labor “The Contractor shall not employ any child to perform any work
that is economically exploitative, or is likely to be hazardous to,
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.”

Employment Records of
Workers “The Contractor shall keep complete and accurate records of the
employment of labor at the Site. The records shall include the
names, ages, genders, hours worked and wages paid to all
workers. These records shall be summarized on a monthly basis
and submitted to the Engineer, and these records shall be
available for inspection by auditors during normal working hours.
These records shall be included in the details to be submitted by
the Contractor under Sub-Clause 6.10 [Records of Contractor’s
Personnel and Equipment].”
Sub-Clause 6.__ The Contractor shall at all times take the necessary precautions to
Measures against Insect protect all staff and labour employed on the Site from insect and
& Pest Nuisance pest nuisance, and to reduce the dangers to health and the general
nuisance occasioned by the same. The Contractor shall provide its
staff and labour with suitable prophylactics for the prevention of
malaria and take steps to prevent the formation of stagnant pools
of water. The Contractor shall comply with all the regulations of
the local health authorities and shall arrange to spray thoroughly
with approved insecticide all buildings erected on the Site. Such
treatment shall be carried out at least once a year or as instructed

by such authorities."
Sub-Clause 6.__ In the event of any outbreak of illness of an epidemic nature, the
Epidemics Contractor shall comply with and carry out such regulations,
orders and requirements as may be made by the Government or
the local medical or sanitary authorities, for the purpose of
dealing and overcoming the same."
Sub-Clause 6.__ "The Contractor shall not, otherwise than in accordance with the
Alcoholic Liquors or statutes, ordinances and government regulations or orders for the
Drug time being in force, import, sell, give, barter or otherwise dispose
of any alcoholic liquor or drugs, or permit or suffer any such
importation, sale, gift, barter or disposal by his Subcontractors,
agents staff or labour."
Sub-Clause 6.__ “The contractor shall not give, barter or otherwise dispose of to
Arms and Ammunition any person or persons, any arms or ammunition of any kind or
permit or suffer to the same as aforesaid.”
Sub-Clause 6.__ The Contractor shall in all dealings with his staff and labour have
Festivals and Religious due regard to all recognized festivals, days of rest and religious or
Customs other customs.”
7. Plant, Materials and Workmanship
Sub-Clause 7.7 Add the following sub-clause after sub-clause 7.8

Ownership of Plant and (a) Any materials, equipment, services or design services
Materials which will be incorporated in or required for the
Contract, as well as the Contractor’s Equipment and
other supplies, shall have their origin in eligible source
countries.
(b) For the purpose of this clause, "services" means the

works and all project-related services including design
services.
(c) For the purposes of this clause, "origin" means the

place where the materials and equipment were mined,
grown, produced, or manufactured, or from which the
services are provided.
(d) The origin of Goods and Services is distinct from the

nationality of the Supplier."
8. Commencement, Delays and Suspension
Sub-clause 8.4 Replace paragraph (c) as follows –

Extension of Time for ( c ) exceptionally adverse climatic conditions, defined as any one
completion of the following events
(1) Minimum of 100mm rainfall recorded in one day at the nearest

rain station,
(2) An official declaration of “Torrential rain” by the Meteorological
Department of Mauritius, and
(3) Cyclone warning class III or Class IV
Amend Sub-Clause 8.6 by inserting the following at the end:

Sub-Clause 8.6 “Additional costs of revised methods, including acceleration measures,
Rate of Progress instructed by the Engineer to reduce delays resulting from causes listed
under Sub-Clause 8.4 [Extension of Time for Completion] shall be paid
by the Employer, without generating, however, any other additional
payment benefit to the Contractor.”
Sub-Clause 8.12 Amend Sub-Clause 8.12 by inserting the following at the end:
Resumption of Work
“after receiving from the Engineer an instruction to this effect
under Clause 13 [Variations and Adjustments].”
11. Defects Liability
Sub-Clause 11.3 Amend Sub-Clause 11.3 by inserting the following at the end of
Extension of Defects the first sentence of the first paragraph:
Notification Period
“attributable to the Contractor.”
13. Variations and Adjustments
Sub-Clause 13.1 Amend Sub-Clause 13.1 by deleting the word “or” at the end of
Right to Vary clause (ii) in the second paragraph and by inserting the following
at the end of the first sentence of the second paragraph:
“or (iv) such Variation triggers a substantial change in the

sequence or progress of the Works.”
Adjustments for
Changes in Legislation “Notwithstanding the foregoing, the Contractor shall not be
entitled to such an extension of time if the same shall already
have been taken into account in determining an extension and
such Cost shall not be separately paid if the same shall already
have been taken into account in the indexing of any inputs to the
table of adjustment data in accordance with the provisions of Sub-
Clause 13.8 [Adjustments for Changes in Cost].”
Sub-Clause 13.8 Amend Sub-Clause 13.8 by inserting the following after the first
Adjustments for sentence of the second paragraph:
Changes in Cost
“Adjustment shall be made for the first time during the term of
the Contract at the end of month [insert number of months into
the Contract], and [insert frequency] thereafter.”
14. Contract Price and Adjustment
Sub-Clause 14.1 Amend Subpara. (b) of Sub-Clause 14.1 by deleting the phrase
The Contract Price “except as stated in Sub-Clause 13.7 [Adjustments for Changes in
Legislation]”.
[If payment for any part of the Works is to be made on the

basis of measurement, that part of the Works must be defined
in the Contract and the following wording added.]
Amend Sub-Clause 14.1 by adding the following at the end:
“The Engineer shall agree or determine the value of those parts of

the Works which are to be measured, in accordance with Sub-
Clause 3.5 [Determinations]. Measurement shall be made of the
net actual quantities of those parts.
“Whenever the Engineer requires any part of the Works to be

measured, reasonable notice shall be given to the Contractor’s
Representative, who shall:
(a) promptly either attend or send another qualified

representative to assist the Engineer in making the
measurement, and
(b) supply any particulars requested by the Engineer.
“If the Contractor fails to attend or send a representative, the

measurement made by (or on behalf of) the Engineer shall be

accepted as accurate.
“Except as otherwise stated in the Contract, wherever any

Permanent Works are to be measured by records, they shall be
prepared by the Engineer. The Contractor shall, as and when
requested, attend to examine and agree the records with the
Engineer, and shall sign the same when agreed. If the Contractor
does not attend to examine and agree these records, they shall be
accepted as accurate.
“If the Contractor examines and disagrees with the records,

and/or does not sign them as agreed, then the Contractor shall
notify the Engineer of the respects in which the records are
asserted to be inaccurate. After receiving this notice, the
Engineer shall review the records and either confirm or vary
them. If the Contractor does not so notify the Engineer within 14
days after being requested to examine the records, they shall be
accepted as accurate.”
Sub-Clause 14.2 Amend Sub-Clause 14.2 by deleting the phrase “, as an interest-

Advance Payment free loan” from the first sentence of the first paragraph.
Amend Sub-Clause 14.2 by replacing the fifth paragraph with the

following:
“Unless stated otherwise in the Appendix to Bid, the advance

payment shall be repaid through percentage deductions from the
interim payments certified by the Engineer in accordance with
Sub-Clause 14.6 [Issue of Interim Payment Certificates], as
follows:
(a) deductions shall commence in the next Interim Payment

Certificate following that in which the total of all interim
payments (excluding the advance payment and deductions and
repayments of retention) certified to the Contractor has
reached the percentage of the Accepted Contract Amount
stipulated in the Appendix to Bid less Provisional Sums; and
(b) deductions shall be made at the amortization rate stated in the

Appendix to Bid of the amount of each Interim Payment
Certificate (excluding the advance payment and deductions for
its repayments as well as deductions for retention money) in
the currencies and proportions of the advance payment until
such time as the advance payment has been repaid; always
provided that the advance payment shall be completely repaid
prior to the time when the percentage of the Accepted Contract

Amount less Provisional Sums stipulated in the Appendix to
Bid has been certified for payment.”
Amend Sub-Clause 14.2 by inserting the following after “become

due” in the final sentence:
“and in the case of termination under Clause 15 [Termination by

Employer] or Sub-Clause 19.6 [Optional Termination, Payment
and Release], ”
Sub-Clause 14.6 Amend Sub-Clause 14.6 by replacing 28 days by 21 days.
Sub-Clause 14.7 Amend Sub-Clause 14.7 by replacing the first line with the
Payment following:
“The Employer shall pay or cause to be paid to the Contractor:”

Amend Sub-Clause 14.7(b) by replacing 56 days by 42 days for
projects above MUR 300m or by 28 days for projects below
MUR 300m [Public body to customise as appropriate]
Sub-Clause 14.8 Amend Sub-Clause 14.8 by replacing the second paragraph with
Delayed Payment the following:
“These financing charges shall be calculated at the annual rates of

interest and shall be paid in the currencies indicated in the
Appendix to Bid.”
Payment of Retention
Money “When the Taking-Over Certificate has been issued for the Works and
the first half of the Retention Money has been certified by the Engineer
for payment, the Contractor shall be entitled to substitute a guarantee,
in the form annexed to the Particular Conditions or in another form
approved by the Employer and provided by an entity approved by the
Employer, for the second half of the Retention Money. The Contractor
shall ensure that the guarantee is in the amounts and currencies of the
second half of the Retention Money and is valid and enforceable until
the Contractor has executed and completed the Works and remedied
any defects, as specified for the Performance Security in Sub-Clause
4.2 [Performance Security]. On receipt by the Employer of such
guarantee, the Engineer shall certify and the Employer shall pay, or
cause to be paid, the second half of the Retention Money. The release
of the second half of the Retention Money against such guarantee shall
then be in lieu of the release under the second paragraph of this Sub-
Clause. The Employer shall return the guarantee to the Contractor
within 21 days after receiving a copy of the Performance Certificate.
“If the Performance Security required under Sub-Clause 4.2

[Performance Security] is in the form of a demand guarantee, and
the amount guaranteed under it when the Taking-Over Certificate

is issued is more than half of the Retention Money, then the
Retention Money guarantee will not be required. If the amount
guaranteed under the Performance Security when the Taking-
Over Certificate is issued is less than half of the Retention
Money, the Retention Money guarantee will only be required for
the difference between half of the Retention Money and the
amount guaranteed under the Performance Security.”
Sub-Clause 14.11 Amend Sub-Clause 14.11 by inserting the following in the first
Application for Final sentence of the second paragraph after “may reasonably require”:
Payment Certificate
“within 28 days from request of the Engineer’”
15. Termination by Employer
Sub-Clause 15.2 Replace the first line by the following:

Termination by The Employer or the Contractor may terminate the Contract if the
Employer other party causes a fundamental breach of the Contract.
Fundamental breaches of Contract shall include, but shall not be
limited to, the following:
Sub-Clause 15.5 Replace this sub-clause by the following:

Employers Entitlement The employer may terminate the contract for its convenience at any
to Termination time upon a determination that because of changed circumstances
the continuation of the contract is not in the public interest by giving
notice of such termination to the contract. The termination shall take
effect 28 days after the later of the dates on which the contractor
receives this notice or the employer return the performance security.
The employer shall not terminate the contract under this sub-clause
in order to execute the Works himself or to arrange for the Works to
be executed by another contractor.
After this termination, the contractor shall proceed in accordance with
sub-clause 16.3(Cessation of Works and Removal of Contractor
Equipment) and shall be paid in accordance with sub-clause 19.6
(Optional Termination, Payment and Release) except that the
contractor will not be entitled to recover anticipated profits on the
completion of the contract.

Corrupt or Fraudulent
It is the policy of the Government of the Republic of Mauritius to
Practices require Public Bodies, as well as bidders, suppliers, and contractors
and their agents (whether declared or not), personnel,
subcontractors, sub-consultants, service providers and suppliers,
observe the highest standard of ethics during the procurement and
execution of contracts. 12 In pursuance of this policy, the Government
of the Republic of Mauritius:
(d) defines, for the purposes of this provision, the terms set
forth below as follows:
(i) “corrupt practice” is the offering, giving, receiving or

soliciting, directly or indirectly, of anything of value
to influence improperly the actions of another
party13;
(ii) “fraudulent practice” is any act or omission,

including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party
to obtain a financial or other benefit or to avoid an
obligation; 14
(iii) “collusive practice” is an arrangement between two

or more parties15 designed to achieve an improper
purpose, including to influence improperly the
actions of another party;
(iv) “coercive practice” is impairing or harming, or

threatening to impair or harm, directly or indirectly,
any party16 or the property of the party to influence
improperly the actions of a party;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or

concealing of evidence material to the
investigation or making false statements to
investigators in order to materially impede the
Employer’s investigation into allegations of a
corrupt, fraudulent, coercive or collusive
practice; and/or threatening, harassing or
intimidating any party to prevent it from
disclosing its knowledge of matters relevant to
the investigation or from pursuing the
investigation, or
(bb) acts intended to materially impede the

exercise of the employer’s inspection and
audit rights provided for under sub-clause 4.1
12
In this context, any action taken by a bidder, supplier, contractor, or any of its personnel, agents, sub-
consultants, sub-contractors, service providers, suppliers and/or their employees to influence the procurement
process or contract execution for undue advantage is improper.
13
“Another party” refers to a public official acting in relation to the procurement process or contract execution.
In this context, “public official” includes employer’s staff and employees of other organizations taking or
reviewing procurement decisions.
14
“Party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or
contract execution; and the “act or omission” is intended to influence the procurement process or contract
execution.
15
“Parties” refers to participants in the procurement process (including public officials) attempting to establish
bid prices at artificial, noncompetitive levels.
16
“Party” refers to a participant in the procurement process or contract execution.
Part II of the contract.
(a) will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices in competing for the contract in
question; and
(b) will sanction a firm or an individual, at any time, in

accordance with prevailing legislations, including by publicly
declaring such firm or individual ineligible, for a stated period
of time: (i) to be awarded a public contract; and (ii) to be a
nominatedb sub-contractor, consultant, manufacturer or
supplier, or service provider of an otherwise eligible firm
being awarded a public contract.
(c) The Contractor shall take steps to ensure that no person

acting for it or on its behalf will engage in any type of fraud
and corruption during the contract execution.
Transgression of the above is a serious offence and

appropriate actions will be taken against such contractor.
16. Suspension and Termination by Contractor
Sub-Clause 16.2 Amend Subpara. (d) of Sub-Clause 16.2 by adding the following
Termination by at the end:
Contractor
“in such manner as to materially and adversely affect the
economic balance of the Contract and/or the ability of the
Contractor to perform the Contract,”
Amend Subpara. (f) of Sub-Clause 16.2 by deleting the word “or”

at the end.
Amend Subpara, (g) of Sub-Clause 16.2 by replacing the period

at the end with “; or”.
Amend Sub-Clause 16.2 by adding the following at the end of the

first paragraph:
”(h) the Contractor does not receive the Engineer’s instruction recording
the agreement of both Parties on the fulfillment of the conditions
for the commencement of Works under Sub-Clause 8.1
[Commencement of Works].”
b
A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names
are used depending on the particular bidding document) is one which either has been: (i) included by the
bidder in its pre-qualification application or bid because it brings specific and critical experience and know-
how that are accounted for in the evaluation of the bidder’s pre-qualification application or the bid; or (ii)
appointed by the Employer.
17. Risk and Responsibility
Sub-Clause 17.3 Amend Sub-Clause 17.3 by replacing the first line with the
Employer’s Risks following:
“The Employer’s risks, insofar as they directly affect the design

and execution of the Works,”
Sub-Clause 17.6 Amend Sub-Clause 17.6 by replacing the first paragraph with the
Limitation of Liability following:
“Neither Party shall be liable to the other Party for loss of use of any
Works, loss of profit, loss of any contract or for any indirect or
consequential loss or damage which may be suffered by the other Party
in connection with the Contract, other than as specifically provided in
Sub-Clause 8.7 [Delay Damages]; Sub-Clause 11.2 [Cost of
Remedying Defects]; Sub-Clause 15.4 [Payment after Termination];
Sub-Clause 16.4 [Payment on Termination]; Sub-Clause 17.1
[Indemnities]; Sub-Clause 17.4 (b) [Consequences of Employer’s Risks]
and Sub-Clause 17.5 [Intellectual and Industrial Property Rights].”
18. Insurance
General Requirements
for Insurance “The insuring Party shall be entitled to place all insurance relating
to the Contract (including, but not limited to the insurance
referred to in Clause 18 [Insurance]) with insurers from any
eligible source country unless otherwise stated in the Appendix to
Bid.”
Insurance for Design
“The Contractor shall effect professional indemnity insurance which
shall cover the risk of professional negligence in the design of the
Works. This insurance shall be for a limit of not less than the amount
stated in the Appendix to Bid, with no limit on the number of
occurrences. The Contractor shall maintain the professional indemnity
insurance in full force and effect until 5 years after the Time for
Completion. The Contractor undertakes to notify the Employer
promptly of any difficulty in extending, renewing or reinstating this
insurance.”
19. Force Majeure
Consequences of Force Subpara. (b):

Majeure
“, including the costs of rectifying or replacing the Works and/or Goods
damaged or destroyed by Force Majeure, to the extent they are
not indemnified through the insurance policy referred to in Sub-
Clause 18.2 [Insurance for Works and Contractor’s Equipment].”
20. Claims, Disputes and Arbitration
Sub-Clause 20.1 Amend Sub-Clause 20.1 by inserting the following as a new

Contractor’s Claims paragraph between subparagraphs 6 and 7:
“Within the above defined period of 42 days, the Engineer shall proceed
in accordance with Sub-Clause 3.5 [Determinations] to agree or
determine (i) the extension (if any) of the Time for Completion (before
or after its expiry) in accordance with Sub-Clause 8.4 [Extension of
Time for Completion], and/or (ii) the additional payment (if any) to which
the Contractor is entitled under the Contract.”
Amend Sub-Clause 20.1 by deleting paragraph 8 (in the order of

paragraphs prior to the amendment made above) and replacing it
with the following new paragraph:
“If the Engineer does not respond within the timeframe defined in this
Sub-Clause, either Party may consider that the claim is rejected by the
Engineer and either Party may refer such claim to the DAB in
accordance with Sub-Clause 20.4 [Obtaining Dispute Adjudication
Board’s Decision].”
Appointment of the the first sentence of the second paragraph:
Dispute Adjudication
Board “, each of whom shall be fluent in the language for
communication defined in the Contract and shall be a
professional experienced in the type of construction involved in the
Works and with the interpretation of contractual documents.”
Sub-Clause 20.6 Amend Sub-Clause 20.6 by replacing the first paragraph with the
Arbitration following:
“Any dispute not settled amicably and in respect of which the DAB’s
decision (if any) has not become final and binding shall be finally settled
by arbitration. Unless otherwise agreed by both Parties, the dispute
shall be referred to the competent court of Mauritius or for Arbitration
under Mauritian Laws.
Section VIII. Annex to the Particular Conditions – Contract Forms
Section VIII. Annex to the Particular

Conditions - Contract Forms
Table of Forms
Notification of Award 118
Contract Agreement 119
Form of Preference Security 121
Performance Security 122
Advance Payment Security 124
Retention Money Security 126

Section VIII. Annex to the Particular Conditions – Contract Forms
Notification of Award
LETTER OF ACCEPTANCE
[letterhead paper of the Employer]
[date]
To: [name and address of the Contractor]
This is to notify you that your Bid dated [date] for execution of the [name of the Contract
and identification number, as given in the Contract Data] for the Accepted Contract Amount
of the equivalent of [amount in numbers and words] [name of currency], as corrected and
modified in accordance with the Instructions to Bidders, is hereby accepted by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose one of the Performance Security Forms
included in Section VIII, Annex to the Particular Conditions - Contract Forms, of the Bidding
Document
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Attachment: Contract Agreement

Contract Agreement
THIS AGREEMENT made the ________ day of ________________________, _____,

between ______________________________________of __________________________
(hereinafter “the Employer”), of the one part, and ______________________ of
_____________________ (hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as
_______________________________ should be executed by the Contractor, and has
accepted a Bid by the Contractor for the execution and completion of these Works and the
remedying of any defects therein,
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part
of this Agreement. This Agreement shall prevail over all other Contract documents.
(i) the Letter of Acceptance
(ii)the Bid Submission Form
(iii) the addenda Nos ________(if any)
(iv) the Particular Conditions
(v)the General Conditions;
(vi) the Specification
(vii) the Drawings; and
(viii) the completed Schedules,
3. In consideration of the payments to be made by the Employer to the Contractor as
indicated in this Agreement, the Contractor hereby covenants with the Employer to execute
the Works and to remedy defects therein in conformity in all respects with the provisions of
the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the
execution and completion of the Works and the remedying of defects therein, the Contract
Price or such other sum as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of _____________________________ on the day, month and year
indicated above.
Signed by ________________________________________________ (for the Employer)
Signed by __________________________________________________ (for the Contractor)
Performance Security
(Demand Guarantee)
...............................Bank/Insurance Company’s Name and Address of Issuing Branch or

Office........................................................
Beneficiary: .............................................Name and Address of Public body................................................................
Date...
PERFORMANCE GUARANTEE No.:..........................................................................................
We have been informed that ..................................name of the Contractor............................

(hereinafter called "the Contractor") has entered into Contract No .............reference number of the
Contract............ dated........ with you, for the execution of ...................................... name of Contract
and brief description of Works ....................(hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a performance

security is required.
At the request of
the Contractor, we ................................. name of Bank/Insurance
Company ..................hereby
irrevocably undertake to pay you any sum or sums not exceeding in
total an amount of .......... amount in figures (amount in words)........................................... such sum being
payable in the types and proportions of currencies in which the Contract Price is payable,
upon receipt by us of your first demand in writing accompanied by a written statement
stating that the Contractor is in breach of its obligation(s) under the Contract, without your
needing to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire not later than twenty-eight days from the date of issuance of the
Certificate of Completion/Acceptance Certificate, calculated based on a copy of such
Certificate which shall be provided to us, or on the................................day
of .................................., .................., whichever occurs first. Consequently, any demand for
payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
758. (Applicable to overseas contractor only).
………....................................................Seal of bank/Insurance Company and

Signature(s).............................................................
Advance Payment Security
Demand Guarantee
________________________________ [Bank/Insurance Company’s Name, and Address of Issuing

Branch or Office]
Beneficiary: ___________________ [Name and Address of Employer]
Date: ________________
ADVANCE PAYMENT GUARANTEE No.: _________________
We have been informed that ________________ [name of Contractor] (hereinafter called “the
Contractor”) has entered into Contract No. _____________ [reference number of the contract]
dated ____________ with you, for the execution of _____________________ [name of
contract and brief description of Works] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance

payment in the sum ___________ [amount in figures] ( ) [amount in words] is to be
made against an advance payment guarantee.
At the request of the Contractor, we _______________ [name of Bank/Insurance Company]

hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount
of ___________ [amount in figures] ( ) [amount in words]1 upon receipt by us of your
first demand in writing accompanied by a written statement stating that the Contractor is in
breach of its obligation under the Contract because the Contractor used the advance payment
for purposes other than the costs of mobilization in respect of the Works.
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Contractor on its account number
___________ at _________________ [name and address of Bank/Insurance Company].
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Contractor as indicated in copies of interim statements or
payment certificates which shall be presented to us. This guarantee shall expire, at the latest,
upon our receipt of a copy of the interim payment certificate indicating that eighty (80)
percent of the Contract Price has been certified for payment, or on the ___ day of _____,
1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Employer.
2___,2 whichever is earlier. Consequently, any demand for payment under this guarantee
must be received by us at this office on or before that date..
758.
____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
2
Insert the expected expiration date of the Time for Completion. The Employer should note that in the
event of an extension of the time for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to
the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the
Employer’s written request for such extension, such request to be presented to the Guarantor before the
expiry of the guarantee.”
Retention Money Security
Demand Guarantee
________________________________ [Bank/Insurance Company’s Name, and Address of Issuing

Branch or Office]
Beneficiary: ___________________ [Name and Address of Employer]
Date: ________________
RETENTION MONEY GUARANTEE No.: _________________
We have been informed that ________________ [name of Contractor] (hereinafter called "the
Contractor") has entered into Contract No. _____________ [reference number of the contract]
dated ____________ with you, for the execution of _____________________ [name of
contract and brief description of Works] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, when the
Taking-Over Certificate has been issued for the Works and the first half of the Retention
Money has been certified for payment, payment of [insert the second half of the Retention
Money or if the amount guaranteed under the Performance Guarantee when the Taking-
Over Certificate is issued is less than half of the Retention Money, the difference between
half of the Retention Money and the amount guaranteed under the Performance Security ] is
to be made against a Retention Money guarantee.
At the request of the Contractor, we _______________ [name of Bank/Insurance Company]

hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount
of ___________ [amount in figures] ( ) [amount in words]1 upon receipt by us of your
first demand in writing accompanied by a written statement stating that the Contractor is in
breach of its obligation under the Contract.
It is a condition for any claim and payment under this guarantee to be made that the payment
of the second half of the Retention Money referred to above must have been received by the
1
The Guarantor shall insert an amount representing the amount of the second half of the Retention Money
or or if the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is
issued is less than half of the Retention Money, the difference between half of the Retention Money and the
amount guaranteed under the Performance Security and denominated either in the currency(ies) of the
second half of the Retention Money as specified in the Contract, or in a freely convertible currency
acceptable to the Employer.
Contractor on its account number ___________ at _________________ [name and address of

Bank/Insurance Company].
This guarantee shall expire, at the latest, 21 days after the date when the Employer has
received a copy of the Performance Certificate issued by the Engineer. Consequently, any
demand for payment under this guarantee must be received by us at this office on or before
that date.
758.
____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
Section VIII- Contract Forms User’s Guide i

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Procurement Policy Office

(Established under section 4 of the Public Procurement Act 2006)

STANDARD BIDDING DOCUMENTS

Procurement Policy Office

Section III Evaluation and Qualification Criteria

AMENDMENTS TO DOCUMENT DATED 10 JANUARY 2022

Section IInstructions to Bidders

Those wishing to submit comments or suggestions on the Bidding Documents or to obtain

1. Public bodies may choose from four models of SBDs namely:

This process may be used with or without a prequalification.

Standard Bidding Document for Procurement of Design-Build

PART 1 – BIDDING PROCEDURES

Section I Instructions to Bidders (ITB)

PART 2 – EMPLOYER’S REQUIREMENTS

Section V Employer’s Requirements

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VII Particular Conditions of Contract (PCC)

Section VIII Annex to the Particular Conditions - Contract Forms

OAB No: [insert OAB number]

Project: [insert name of Project]

Employer: [insert name of Employer]

The Installation, Commissioning and Operational Acceptance of the e-Procurement

Suppliers are hereby advised that it is a mandatory condition to have a digital

PART 2 –Employer’s Requirements 87

PART 3 – Conditions of Contract and Contract Forms 94

Invitation for Bids (IFB)

Procurement Ref. No:

2. Bidding documents may be downloaded from the eProcurement System

[insert address, floor level and room as appropriate]

Section I. Instructions to Bidders

B. Contents of Bidding Documents 13

D. Submission and Opening of Bids 22

E. Evaluation and Comparison of Bids 25

29. Deviations, Reservations, and Omissions 25

Section I. Instructions to Bidders

(a) “Appendix to Bid” means the completed pages of the

provision of the Works.

(o) “Performance Security” means the security the Contractor

Requirements where the Works are to be executed.

2. except where the context requires otherwise, words

3. “day” means calendar day.

budgetary allocation, unless otherwise stated in the BDS.

4. Fraud and 4.1 It is the policy of the Government of the Republic of

to obtain a financial or other benefit or to avoid an

consultant, manufacturer or supplier, or service provider

4.2 In further pursuance of this policy, Bidders shall permit the

5.2 A Bidder shall be deemed to have the nationality of a

Contract including related Services.

5.3 (a) In accordance with CIDB Act 2008, Consultants,

(b) Bidders are strongly advised to consult the website of

on the bid of another Bidder, or influence the decisions

(c)Bids from contractors appearing on the ineligibility lists

Links for checking the ineligibility lists are available on

Government-Owned 5.7 Government-owned entities in the Republic of Mauritius

5.9 Bidders shall be excluded if:

B. Contents of Bidding Documents

7.3 The Employer is not responsible for the completeness of the

7.4 The Bidder is expected to examine all instructions, forms,