EVALUATION REPORT - NHA

EVALUATION REPORT (As Per Rule 35 of PP Rules, 2004)

1. Name of Procuring Agency: National Highway Authority

2. Method of Procurement: Single Stage Two Envelope Procedure

3. Title of Procurement: Construction of Additional 2 Lane Carriageway from Petaro to Sehwan N55 (Section-2) Km 64+000 to Km 130+370 (66.370Km)

4. Tender Inquiry No.: 2(496)/GM (P&CA)/NHA/17/

5. PPRA Ref. No. (TSE): -

6. Date & Time of Bid Closing: 30 January, 2018 at 1100 hours local time

7. Date & Time of Bid Opening: 30 January, 2018 at 1130 hours local time

8. No of Bids Received: Fourteen (14) Bids were received

9. Criteria for Bid Evaluation: Criteria of Bid Evaluation is attached at Annex-I

10. Details of Bid(s) Evaluation: As below _,

Name of Bidder , 1.-

Technical (if applicable)

Financial (if

applicabl Evaluated CoSt Rs)

Rule/Regulation/SBD*/Policy/ Basis for Rejection / Acceptance

as per Rule 35 of PP Rules, 2004.

M/s China Gezhouba Group Company Limited (CGGC)

Dis- qualified

Price Bid Not

opened -

Dis-qualified because of not fulfilling the requirement of Construction experience in Key activities.

M/s Habib Construction Services Limited

•

Dis- qualified

Price Bid Not

opened i -

Dis-qualified because of not fulfilling the requirement of Construction experience (Contract of Similar Size and Nature)

M/s Sinohydro Corporation Limited

Dis- qualified

Price Bid Not

opened -

Dis-qualified because of not fulfilling the requirement of Construction experience in Key activities.

M/s Sichaun Province Geologial Engineering Complex (SGEC) - M/s Maqbool Associates (Pvt.) Ltd (Maqbool) - Ch. Abdul Latif and Sons (Pvt) Ltd' (Calsons) Joint Venture (M/s SGEC-Maqbool- Calsons JV)

Dis- qualified

Price Bid

°t . o p

Not

7,156,951,858

Dis-qualified because of following reasons: i. Failed to meet the

requirement of Pending Litigation

ii. Failed to meet the requirement of Construction experience in Key activities.

1st M/s Xinjiang Beixin Road & Bridge Group Co. Ltd.

Qualified Price Bid opened

M/s LIMAK Construction Industry & Trade Inc. - M/s Zahir Khan & Brothers Joint Venture

Qualified Price Bid opened 7,508,261,836 2nd

es Cooperativa Muratori & 4 Cementisti - C.M.C. di Ravenna

Societa Cooperativa (CMC) - M/s Ghulam Rasool & Company (Pvt) Ltd (GRC) Joint Venture (CMC-GRC JV)

Qualified Price Bid opened 7,532,650,650 3rd

M/s Sultan Mahmood & Company-Asad Constructions & Engineering Joint Venture (SMC-ACE JV)


7,882,659,874 4th

M/s Anhui Construction Engineering Group Co. Ltd - M/s Umer Jan & Co. Joint Venture (ACEG-Umer Jan JV)


7,942,822,320 5th

M/s China Road and Bridge Corporation

Qualified Price Bid opened 7,967,973,902 6th

M/s Xi'an Industrial Development Co. Ltd. Of China 'oad and Bridge Corporation ii

ITXIDCL-CRBC) - Sardar Mohammad Ashraf D. Baloch (Pvt) Ltd (SMADB) Joint Venture [(XI DCL-CRBC)- SMADB JV]


M/s China Civil Engineering Construction Corporation (CCECC)- China Railway 20 Bureau Group Corporation (CR20G) Joint Venture (CCECC-CR2OG JV)


M/s Zhongmei Engineering Group Ltd


M/s China Yunnan Sunny Road & Bridge Co. Ltd


• Lowest Evaluated Bidder: M/s Xinjiang Beixin Road & Bridge Group Co. Ltd.

11. Any other additional / supporting information, the procuring agency may like to share: The project is being financed by Asian Development Bank (ADB);

therefore the procurement was carried out in line with ADB's procurement guidelines.

The bidding was done on Single Stage Two Envelope Procedure.

Signature:

Official Stamp: 1:enerol ." -ager (P&CA)

. ftway Authority Islamabad

*Standard Bidding Documents (SBD).

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B803901

CONTRACT AGREEMENT

THIS AGREEMENT made the ...d.... day of 2018, between National Highway Authority (NHA), Ministry of Communications, Government of Pakistan, 28-Mauve Area, G-911. P.O. Box 1205, Islamabad, Pakistan (hereinafter the Employer"), of the one part, and M/s Xinjiang Beixin Road & Bridge Group Co. Ltd., 16th 17th Floor, Building A, Yingke Square, Street No. 217 High-Tech Street, High-Tech Industrial Development Zone, Urumqi, Xinjiang, China and 3'1 Floor, SRB Plaza, F-6 Markaz, Islamabad, Pakistan (hereinafter "the Contractor") of the other part:

WHEREAS the Employer desires that the Works known as "Construction of Additional 2 Lane. Carriageway from Petaro to Sehwan N-55 (Section-2) Km 64+000-Km 130+370 (66.37 Km)" 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 Contract Agreement; (ii) The Letter of Acceptance; (iii) Letter of Technical Bid; (iv) Letter of Price Bid; (v) Addendum No.1, 2 & 3 (vi) The Particular Conditions of Contract Part-A: Contract Data; (vii) The Particular Conditions of Contract Part-B; (viii) The List of Eligible Countries that was specified in Section-5 of the Bidding

Document (ix) The General Conditions of Contract (FIDIC MDB Version 2010); (x) NHA General Specifications - 1998 and its Addendum (Volume-11); (xi) Special & Technical Provisions; (xii) Drawings (Volume-111); (xiii) The Priced Bill of Quantities; (xiv) Appendices and Schedules to Bid and Bidding Forms (Technical and Financial

Qualifications); (xv) Environmental Management Plan. (xvi) Performance Security; (xvii) Any other documents forming part of the Contract

.... SUN BINGSHUAN General Manager, Islamabad

(PE- 072135)7 )

..... • • •••

• • V' • • • .•

• . • .• • • ••

12. FE12‘111, CA-VN JJANa-- (ar-h/)

ii.e.id&R.Q0418c;ri

0/ Co. L-tat (Slawlabad.

....... • • ............ ..... • • • . • .........

• .......

............

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 Islamic Republic of Pakistan on the day, month and year indicated above.

For and on behalf of the Employer National Highway Authority

For and on behalf the Contractor M/s Xinjiang Beixin Road & Bridge Group Co. Ltd.,

Signed by Jawwad Rafrvie Malik

Chairman National Hi;buoy Authority

Irk intzbad In the presence of Witness, Name, Signature, Address, Date

In the presence of Witness, Name, Signature, Address, Date

Section 3 - Evaluation and Qualification Criteria 3-1

Section 3 - Evaluation and Qualification Criteria - Without Prequalification

This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders. In accordance with ITB 32 and ITB 36, no other methods, criteria and factors shall be used. The Bidder shall provide all the information requested in the forms included in Section 4 (Bidding Forms).

Table of Criteria

1. Evaluation 1.1 Adequacy of Technical Proposal 1.2 Completion Time 1.3 Technical Alternatives 1.4 Quantifiable Nonconformities and Ommissions 1.5 Domestic Preference 1.6 Multiple Contracts

2. Qualification

3-2 3-2 3-2 3-2 3-2 3-2 3-3

3-3 2.1 Eligibility 3-3

2.1.1 Nationality 3-3 2.1.2 Conflict of Interest 3-3 2.1.3 ADB Eligibility 3-3 2.1.4 Government-Owned Enterprise 3-3 2.1.5 United Nations Eligibility 3-3

2.2 Pending Litigation and Arbitration 3-4 2.2.1 Pending Litigation and Arbitration 3-4

2.3 Financial Situation 3-5 2.3.1 Historical Financial Performance 3-5 2.3.2 Average Annual Construction Turnover 3-5 2,3.3 Financial Resources 3-6

2.4 Construction Experience 3-7 2.4.1 Contracts of Similar Size and Nature 3-8 2.4.2 Construction Experience in Key Activities 3-9

Bidding Document for ICB/CAREC/CP-2 Procurement of Works Single-Stage: Two-Envelope

%.

6iddiiig1DczeMicnt for ICB/CAREC/CP-2

3-2 Section 3 - Evaluation and Qualification Criteria

1. Evaluation In addition to the criteria listed in ITB 36.2 (a)—(e), other relevant factors are as follows:

1.1 Adequacy of Technical Proposal

Evaluation of the Bidder's Technical Proposal will include an assessment of the Bidder's technical capacity to mobilize key equipment and personnel for the contract consistent with its proposal regarding work methods, scheduling, and material sourcing in sufficient detail and fully in accordance with the requirements stipulated in Section 6 (Employer's Requirements).

Non-compliance with equipment and personnel requirements described in Section 6 (Employer's Requirements) shall not normally be a ground for bid rejection and such non-compliance will be subject to clarification during bid evaluation and rectification prior to contract award.

1.2 Completion Time

An alternative Completion Time, if permitted under ITB 13.2, will be evaluated as follows:

Not Applicable.

1.3 Technical Alternatives

Technical alternatives, if permitted under ITB 13.4, will be evaluated as follows:

Not Applicable.

1.4 Quantifiable Nonconformities and Omissions

Subject to ITB 14.2 and ITB 36.2, the evaluated cost of quantifiable nonconformities including omissions, is determined as follows:

"Pursuant to ITB 31.3, the cost of all quantifiable nonmaterial nonconformities shall be evaluated, including omissions in Daywork where competitively priced but excluding omission of prices in the Bill of Quantities. The Employer will make its own assessment of the cost of any nonmaterial nonconformities and omissions for the purpose of ensuring fair comparison of Bids."

1.5 Domestic Preference

If a margin of preference is provided for under ITB 35.1, the following procedure shall apply:

Not Applicable.

1.6 Multiple Contracts

Not Applicable

Single-Stage: Two-Envelope Procurement of Works

Compliance Requirements Documents Criteria

Each Partner

One Partner

All Partners Combined

Joint Venture Single Entity Requirement

Submission Requirements


2. Qualification

It is the legal entity or entities comprising the Bidder, and not the Bidder's parent companies, subsidiaries, or affiliates, that must satisfy the qualification criteria described below.

2.1 Eligibility

2.1.1 Nationality

Nationality in accordance with must meet must meet must meet not Forms

ITB Subclause 4.2. requirement requirement requirement applicable ELI - 1; ELI - 2

with attachments

2.1.2 Conflict of Interest

No conflicts of interest in must meet must meet must meet not Letter of Technical

accordance with ITB Subclause requirement requirement requirement applicable Bid

4.3.

2.1.3 ADS Eligibility

Not having been declared must meet must meet must meet not Latter of Technical

ineligible by ADB, as described in ITB Subclause 4.4.

requirement requirement requirement applicable Bid

2.1.4 Government-Owned Entity

Bidder required to meet must meet must meet must meet not Forms

conditions of ITB Subclause 4.5. requirement

I

requirement requirement applicable

I

ELI - 1; ELI - 2

with attachments

2.1.5 United Nations Eligibility

Not having been excluded by an must meet must meet must meet not Letter of Technical

act of compliance with a United requirement requirement requirement applicable Bid

Nations Security Council resolution in accordance with ITB Subclause 4.7.

2.1.6 Registration with Pakistan Engineering Council (PEC)

National Bidder must be registered with Pakistan Engineering Council (PEC) and shall have a valid registration Certificate in C-A category (or above) with Specialization in CE- 01 & CE-02.

must meet requirement

not applicable

must meet requirement as per their working JV

share

44,`...-" /-‹001-/a/i.',.,


,,

----,:, _

Forms ELI - 1; ELI - 2

with attachments

f.

Procurement of Works \&/..

"Zt17-

-:f Ingle-Stage: Two-Envelope Bidding Document for ICB/CAREC/CP-2

Criteria

Requirement

All pending litigation and arbitration, if any, shall be treated as resolved against the Bidder and so shall in total not represent more than fifty percent (50%) percent of the Bidder's net worth calculated as the difference between total assets and total liabilities.

Single Entity

Compliance Requirements Documents


Joint Venture All Partners Combined

Each Partner

One Partner

must meet requirement by itself or

as partner to past or

existing Joint Venture

not applicable

must meet requirement by Itself or

as partnor to past or

existing Joint Venture

not applicable

Form LIT -1


2.2 Pending Litigation and Arbitration

Pending litigation and arbitration criterion shall apply.

2.2.1 Pending Litigation and Arbitration

Single-Stage; Two-Envelope Procurement of Works 43661-iment for ICB/CAREC/CP-2

Criteria

Requirement

Submission of audited financial statements or, if not required by the law of the Bidder's country, other financial statements acceptable to the Employer, for the years 2014, 2015, 2016 or latest to demonstrate the current soundness of the Bidder's financial position. As a minimum, the Bidder's net worth for the last year calculated as the difference between total assets and total liabilities should be positive,


Single Entity

Joint Venture Submission

Requirements All Partners Combined

Each Partner

One Partner


not applicable


not applicable

Form FIN -1 with attachments

Criteria

Requirement

Minimum average annual construction turnover of US $ 86 Million calculated as total certified payments received for contracts in progress or completed, within the last three (03) years.

Single Entity



Joint Venture

All Partners Combined

Each Partner

One Partner



must meet

40%

of the requirement

must meet

25%

of the requirement

Form FIN - 2


2.3 Financial Situation

2.3.1 Historical Financial Performance

2.3.2 Average Annual Construction Turnover

Bidding Document for ICB/CAREC/CP-2

Two-Envelope Procurement of Works

3-6

Section 3 - Evaluation and Qualification Criteria

2.3.3 Financial Resources

Criteria Compliance Requirements Documents

Requirement Single Entity



Each Partner

One Partner

For Single Entities:

The Bidder must demonstrate that its financial resources defined in FIN - 3, less its financial obligations for its current contract commitments defined in FIN - 4, meet or exceed the total requirement for the Subject Contract of US $ 14 Million.


not applicable

not applicable

not applicable

Form FIN — 3 and

Form FIN — 4

For Joint Ventures:

(1) One partner must demonstrate that its financial resources defined in FIN - 3, less its financial obligations for its own current contract commitments defined in FIN - 4, meet or exceed its required share of US $ 5.6 Million from the total requirement for the Subject Contract.

AND

not applicable

not applicable

not applicable


Form FIN —3 and

Form FIN — 4

(2) Each partner must demonstrate that its financial resources defined in FIN - 3, less its financial obligation&for its own current contract commitments defined in FIN - 4, meet or exceed its required share of US $ 3.5 Million from the total requirement for the Subject Contract.

AND

not applicable

not applicable


not applicable

Form FIN — 3 and Form FIN —4

(3) The joint venture must demonstrate that the combined financial resources of all partners defined in FIN - 3, less all the partners' total financial obligations for the current contract commitments defined in FIN - 4, meet or exceed the total requirement for the Subject Contract of US $ 14 Million.

not applicable


not applicable

el r , /

,.;. .„t_r12.2.

not applicable

A---2..k.,,_

- • i.,;• • -74,„, N::, ‘‘,

VA

Form FIN —3 and Form FIN — 4

\\,

• .,. Procurement of Works 4^",:.-apkiding-Document for ICS/CAREC/CP-2 Single-Stage; Two-Envelope

Section 3 - Evaluation and Qualification Criteria

3-7

2.4 Construction Experience

2.4.1 Contracts of Similar Size and Nature

Criteria Compliance Requirements Documents




Each Partner

One Partner

Participation in at least one contract that has been successfully or substantially completed within the last seven (07) years and that is similar to the proposed works, where the value of the Bidder's participation exceeds US $ 68 Million. The similarity of the Bidder's participation shall be based on the physical size, nature of works, complexity, methods, technology or other characteristics as described in Section 6, Employer's Requirements.


not applicable

not applicable


Form EXP - 1

Bidding Document for ICBICAREC/CP-2 Procurement of Wor

‘,c) \\-c,

Single-Stage: Two-Envelope


2.4.2 Construction Experience in Key Activities (May be complied with by specialist subcontractors. The employer shall require evidence of the subcontracting agreement from the bidder. A specialist subcontractor is a specialist enterprise engaged for highly specialized processes, which the main contractor cannot provide.)

riteria Compliance Requirements Documents


Joint Venture Submission Requirements All Partners

Combined Each

Partner One

Partner

For the above or other contracts executed during the period stipulated in 2.4.1 above, a minimum construction experience in the following key activities:

Formation of Embankment

875,000 Cu.m/in any one year

Sub-Base / Base Course


Asphaltic Concrete Pavement

58,000 Cu.mlin any one year

Concrete for Bridges



F

must meet requirement a

not applicable

not applicable

Form EXP - 2

a In the case of a joint venture bidder, at least one of the partners must have the experience in the key activity if the bidder Itself (not Its subcontractor) will carry out the relevant activity.

- Single-Stage: Two-Envelope Procurement of Works ':',:',Bi0.111V-PC4Ire for ICB/CAR EC/CP-2

:!77.