Section V General Conditions of Contract (GCC) Page: 1 of 12

ROYAL GOVERNMENT OF BHUTANMINISTRY OF WORKS & HUMAN SETTLEMENT

DEPARTMENT OF ROADS

STANDARD BI DDING DO CUM ENT (Revised June 2014)

Procurement of Works(Above Nu . 4M i l l i on )

Double Lanning of Northern East West Highway

WIDENING OF CHUSERBU-TRONGSA HIGHWAYChuserbu to Trongsa from ch. 0.00 – 26.00 km = 12.00 km (SH: Formation Cutting, Base course, Bituminous works, Permanent works, Concrete Woks, Protection works etc)

[W1-LARGE]

Bid Ref. No. DoR/RO/NEWH/TR-01 NEWH/TR-01

Section V General Conditions of Contract (GCC) Page: 2 of 12

Section II. Bidding Data Sheet

A. General

ITB 1.1 The Employer is:

Department of Roads, Regional Office, Trongsa

The name and identification of the contract are:“Double Lanning of Northern East West Highway from 0.00 to 12.00 Km (Chuserbu-Trongsa)

Identification: DoR/RO/NEWH/TR-01

The Works are:

Formation Cutting, Base course, Bituminous works, Permanent works, Concrete work, Protection works etc.

ITB 1.2The Intended Completion Date is: 30 months

ITB 4.3 The information required from Bidders in ITB Sub-Clause 4.3 is modified as follows: In addition to sub-clause 4.3, the bidders shall submit the following:

1. Trade License

2. CDB Certificate

3. Proposed methodology for construction and detail Work Plan

ITB 4.3 (d) The bidder must either own or hire the below specified minimum requirement of equipment :-The number of equipment to be deployed at a given point of time will vary depending on the site situation. The actual number of equipment to be deployed at a given stage of the project shall be decided by the DoR site in-charge on need basis.

a) For Widening, Permanent and Pavement works.

Equipment Total Number required

Excavator 4Excavator with rock breaker 2Total Station set 1Asphalt Plant (Min 30TPH) 1Paving Machine (Paver) 1Vibratory Road Roller (8-10 ton Capacity) 1Pneumatic Tyred Roller 1Motor Grader 1Pay Loader/Backhoe 2Static Road Roller (8-10 ton capacity) 1Air Compressor 2Bitumen sprayer 1Tipper Trucks 6

Concrete Mixer 7/5 cft capacity or more 1Water Tanker 1

Plate Compactor 2

Crusher (Min 30TPH) 1

Section V General Conditions of Contract (GCC) Page: 3 of 12

ITB 4.3 (e) Bidders shall furnish all necessary documents to demonstrate that the proposed manpower/personnel are the employees of the firm.

In the event, If the CV and other such documents of committed personnel are incomplete/missing, the lowest bidder will be asked to submit such documents of the committed personnel (if not engaged in other works) within 5 working days from the date of issue of letter by the Employer failing which his/her bid will be rejected and the next lowest bidder(s) will be then similarly asked to do so.

Position

Qualification Number required

Project Manager Degree in any field OR Diploma in Civil Engineering.

1

Project EngineerDegree in Civil Engineering OR Diploma in Civil Engineering.

1

Material Engineer Degree in Civil Engineering OR Diploma in Civil Engineering.

1

Engineer/Junior Engineer

Degree in Civil Engineering OR Diploma in Civil Engineering. 1

SurveyorDiploma in Survey OR trained surveyors. 1

Laboratory Technician

Class X pass with experience1

Work/Site Supervisors

VTI graduate or equivalent with more than 2 years experience. 2

Minimum number of total skill workforce shall be 15

ITB 4.4 The qualification data required from Bidders in ITB Sub-Clause 4.4 is modified as follows: JV not allowed

ITB 4.5 The qualification data required from Bidders in ITB Sub-Clause 4.5 is modified as follows: Not modified

ITB 4.5 (b)The minimum number of equipment to be made available for the Contract by the successful Bidder shall be:

Equipment TierNumber required

Maximum Marks

Excavator I 4 10Excavator with rock breaker I 2 6Asphalt Plant (Above 30 TPH) I 1 10Paving Machine (Paver) I 1 5Vibratory Road Roller I 1 8Motor Grader I 1 4Crusher (Min 30TPH) I 1 7

Tipper Truck II 6 12

Section V General Conditions of Contract (GCC) Page: 4 of 12

Pay Loader/Backhoe II 1 4Static Road Roller (8-10 ton capacity) II 1 4Air Compressor II 2 4Bitumen sprayer II 1 4Pneumatic Roller II 1 4

Concrete Mixer 7/5 cft capacity or more

III 1 4

Water Tanker III 1 4

Plate Compactor III 1 4

Total Station III 1 3

Exca Drill III 1 3

TOTAL 100

ITB 4.5 (c) The skilled and experienced manpower required for the timely and quality execution of the work to be made available for the Contract by the successful Bidder shall be:

Tier Position QualificationNumber require

d

Score

Tier I

Project Manager

Degree in any field with 7 years or more work experience OR Diploma in civil engineering with 10 years or more work experience.

1

25

Degree with 3 years or more work experience OR Diploma in civil engineering with 5 years or more work experience.

15

Degree with 1 year or more work experience OR Diploma in civil engineering with 3 years or more work experience.

5

Any other qualification 0

Project Engineer

Degree in Civil Engineering with 5 years or more OR Diploma in Civil Engineering with 10 years or more with work experience in road/bridge works.

1

25

Degree in Civil Engineering with 5 years or more OR Diploma in Civil Engineering with 10 years or more with work experience other than road works.

15

Degree in Civil Engineering with 3 years or more OR Diploma in Civil Engineering with 5 years or more with work experience in road/bridge works.

15

Degree in Civil Engineering with 3 years or more OR Diploma in Civil Engineering with 5 years or more with work experience other than

10

Section V General Conditions of Contract (GCC) Page: 5 of 12

road works.

Degree in Civil Engineering with 1 year or more OR Diploma in Civil Engineering with 3 years or more with work experience in road/bridge works.

7

Degree in Civil Engineering with 1 year or more OR Diploma in Civil Engineering with 3 years or more with work experience other than road works.

5

Degree in Civil Engineering. 5

Diploma in Civil Engineering. 3

Any other qualification 0

Tier II

Material Engineer

Degree in Civil Engineering with 5 years experience OR Diploma in Civil Engineering with 10 years experience.

1

20

Degree in Civil Engineering with 3 years experience OR Diploma in Civil Engineering with 5 years experience.

10

Degree in Civil Engineering with 1 year experience OR Diploma in Civil Engineering with 3 years experience.

5

Any other qualification 0

Junior Engineer

Diploma in Civil Engineering with experience 10 years or more in road/bridge works.

1

10

Diploma in Civil Engineering with experience 10 years or more other than road works.

5

Diploma in Civil Engineering with experience 5 years or more in road/bridge works.

5

Diploma in Civil Engineering with experience 5 years or more other than road works.

3

Diploma in Civil Engineering 3

Any other qualification 0

Surveyor

Diploma in Survey with 7 years or more work experience OR certificate/trained surveyor with 10 years or more experience.

1 7

Diploma in Survey with 5 years or more work experience OR certificate/trained surveyor with 7 years or more experience.

5

Section V General Conditions of Contract (GCC) Page: 6 of 12

Tier III

Diploma in Survey with 3 year or more work experience OR certificate/trained surveyor with 5 years or more experience.

3

Diploma in Survey OR certificate/trained surveyor with 1 year or more experience.

1

Any other qualification. 0

Laboratory Technician

Class XII pass with 3 years experience as Lab Technician

1

7

Class X pass with 5 years experience as Lab Technician

5

Class X pass with 3 years experience as Lab Technician

3

Any other qualification 0

Work/Site Supervisors

VTI graduate or equivalent with more than 5 years of experience

2

6

VTI graduate or equivalent with 3 years of experience or more

4

VTI graduate or equivalent with 1 year or more work experience

2

Any other level of qualification or experience

0

ITB 4.5(f)The Credit Line amount is Nu. 29.870 Million

ITB 4.6 Sub-Contractors’ experience and resources shall not be taken into account.

ITB 4.8 Financial bids of only those bidders who meet the minimum technical score of 65% (stage 1 evaluation) will be considered for award of the work.

ITB 7.1 Site visit: Bidders are strongly encouraged to visit site.

B. Bidding DocumentsITB 9.1 The Employer’s address for clarification is:

The Chief Engineer,Regional Office,DoR : Trongsa at Telephone # 03-521131/521494

ITB 9.2 General awareness meeting shall be held on 20 April 2015

ITB 10.1 Addendum (if any) shall be published on the Ministry’s website. Prospective bidders are advised to check the website regularly till the date of submission of bid.

C. Preparation of Bids

ITB 11.1 The language of the Bid is: English

ITB 12.1 Any additional materials required to be completed and submitted by the Bidders are: Duly executed Integrity Pact Statement.

ITB 13.4 The Contract is subject to price adjustment in accordance with GCC Clause 47.

Section V General Conditions of Contract (GCC) Page: 7 of 12

ITB 14.2 The authority for establishing the rates of exchange shall be the Royal Monetary Authority of Bhutan.

ITB 14.4 Not applicable

ITB 15.1 The Bid shall be valid for ninety (90) days from the deadline for submission of Bids stipulated in ITB Clause 20.1.

ITB 16.1 and 16.2

The Bid Security amount is: Nu. 5,975,640.00 (Valid till 28 July 2015)

ITB 17.1 Alternative Bids shall not be considered.

ITB 18.1 In addition to the original Bid, the number of copies is One (1)

D. Submission of Bids

ITB 19.1 Bidders may submit their Bids electronically: No

ITB 19.3(c) The Employer’s address for the purpose of Bid submission is:The Chief EngineerDepartment of RoadsRegional OfficeTrongsa

ITB 19.3 (d) The Name and Identification number for the contract as given in ITB 1.1. above in this sheet.

ITB 19.3 (e) The warning shall read “DO NOT OPEN BEFORE 10.30 AM on local time on 30.04.2015,

ITB 20.1 The deadline for submission of Bids shall be on or before 30 April 2015 at 10 AM local timeE. Bid Opening and Evaluation

ITB 23.1 The Bid opening shall take place on the same day as the closing day of the bid submission at: 10.30 AM local time on 30.04.2015 in the Conference Hall of the Regional Office, Department of Roads, Trongsa.

ITB 30.1 Margin of domestic preference shall not apply

ITB 30.3 (d) Other criteria to be used for the purpose of assessing domestic preference eligibility are: None

ITB 30.4 The procedure used to apply the margin of preference shall be:- Not ApplicableIn the case of procurements in which any Bids are received from foreign (i.e. non-Bhutanese) Bidders:(i) if two or more Bids are evaluated as equivalent in accordance with the

evaluation methods and factors laid down in the Bidding Documents, and(ii) one or more of the Bids is from a Domestic Bidder, as defined in ITB Sub-Clause

30.2, and(iii) the total price of the domestic Bid does not exceed by more than five percent

(5%) the total price of the lowest priced foreign Bid evaluated as equivalent, then the Contract shall be awarded to the domestic Bid.

F. Award of Contract

ITB 33.2 The Client shall have the right to cancel the letter of acceptance within 15 days from the date of issue of acceptance letter.

ITB 34.1 The Performance Security shall be provided in any one of the following forms:

(a) demand guarantee in the form provided in Section X, Security Forms, or(b) banker’s certified cheque / cash warrant, or(c) demand draft

ITB 35.1 The Advance Payment shall be limited to ten percent (10%) of the Contract Price.

ITB 36.1 Disputes arising from the implementation of the provisions of the Contract shall be

Section V General Conditions of Contract (GCC) Page: 8 of 12

settled first by negotiations between the Contractor and the Employer in order to arrive at an amicable settlement. If negotiations fail between the parties, the dispute shall be referred to the CDB and finally resolved by the Arbitration in accordance with rules and procedures of the CDB enforced at the time of submission through its National Arbitration Committee. Either party can take the case to the court in Bhutan if the Arbitration award is not acceptable to them. If the case is taken to the court, all the decisions made by the Arbitration committee will be null and void.

1. PRICE PREFERENCE PARAMETERS: list all information requested below.

3.1Status (Incorporated, JV, proprietorship)Constitution or legal status of Bidder:

Place of registration:

Principal place of business:

Power of attorney of signatory of Bid:

The bidder shall submit the following supporting documents for the above: Copy of the certificate of incorporation issued by the registrar of companies for

the bidder in case an incorporated company is bidding alone. Joint-venture agreement between the contractor involved, and copy of the

certificate of incorporation issued by the registrar of companies for the incorporated partner in case two or more contractors are bidding together in a joint venture.

Letter of Power of Attorney.

3.2 Employment of VTI GraduatesTotal Number of workforce required for the project: As specified in ITB 4.3e under BDS

Number of VTI graduates committed for the project:The bidder shall submit a letter of commitment to employ VTI Graduates for the execution of the project. (Conditional commitment will not be accepted)

3.3 Commitment for internships to VTI graduates The bidder shall submit a letter of commitment for internship to VTI graduates: (Conditional commitment will not be accepted)

Section X: Security Forms Page: 9 of 12

Section VI. Special Conditions of Contract (SCC)

A. GeneralGCC 1.1 (o) The Employer is the The Chief Engineer, Regional Office DoR Trongsa

GCC 1.1 (r) The Intended Completion Date for the whole of the Works shall be As indicated in the Contract Agreement after signing of the contract for duration of 30 months.

GCC 1.1 (v) The Project Manager is: the Executive Engineer, Department of Roads, Trongsa Sub-Division

GCC 1.1 (y) The Site is located on Chuserbu-Trongsa Highway and is defined in Drawings provided separately

GCC 1.1 (bb) The Start Date shall be As indicated on the Contract Agreement after signing of contract and handing over of site

GCC 1.1 (ff) The Works consist of:Formation Cutting, Base course, Bituminous works, Permanent works and Protection works etc from 0.00 to 12 km.

The contractor shall assume full responsibility to keep the road open at all times during non-working hours under any circumstances. The contractor is also responsible for removal of landslide/debris of any volume until the completion and handing over of the project to the Client.

GCC 2.2 Sectional Completions are: Not Applicable

GCC 2.3 (9) The following documents also form part of the Contract:

Schedule of Key Personnel (GCC 10)

Schedule of Equipment and Machinery to be maintained at site

GCC 3.1 The language of the contract is English.

The law that applies to the Contract is the law of the Kingdom of Bhutan.

GCC 7.1 The ceiling for sub contractor’s participation and conditions are: 20% of Contract price

GCC 8.1 The contractor shall carry out the layout and it will be cross-verified by the Client’s engineer/representative.

GCC 9.1 Schedule of other contractors: [insert Schedule of Other Contractors, if appropriate]

GCC 10.1 Key Personnel:

The amount to be deducted for the key personnel not employed by the contractor for each personnel is:

1. Nu. 50,000/- per month for Project Engineer

2. Nu. 40,000/- per month for Material Engineer

3. Nu. 50,000/- per month for Project Manager

4. Nu. 25,000/- per month for Junior Engineer

5. Nu. 15,000/- per month for Laboratory Technician

6. Nu. 15,000/- per month for Site supervisor

The amount to be deducted for the equipments not available at site when the work requires the deployment of particular machinery is

1. Nu. 10,000/- per day for Asphalt Plant

Section X: Security Forms Page: 10 of 12

2. Nu. 10,000/- per day for per Excavator

3. Nu. 12,000/- per day for Excavator with rock breaker

3. Nu. 7,000/- per day for Pay Loader

4. Nu. 10,000/- per day for Motor Grader

5. Nu. 8,000/- per day for Paver

6. Nu. 4,000/- per day for Static Roller

7. Nu. 500/- per day for Concrete Mixer

8. Nu. 1,000/- per day for Water Tanker

9. Nu. 1,500/- per day for Tipper Truck

10. Nu. 5,000/- per day for Vibratory Roller

11. Nu. 500/- per day for Total Station

The amount to be deducted for the VTI not employed by the contractor for each personnel is Nu. 7,500/- per month.

The amount to be deducted for the VTI graduates not employed by the contractor as interns for the contract for each personnel is Nu. 6,000/- per month. Commitment (employment and internship) should be based on availability, and letter of non-availability from any organization shall not be accepted.

GCC 14.1 The minimum insurance amounts and deductibles shall be:

(1) For Works, Plant and Materials: Minimum insurance amount-Contract Price; and maximum deductible for insurance - Nu. 200,000 (Ngultrum Two hundred thousands only).

(2) For personal injury or death of:

Contractor’s employees: personal accident insurance as mandated by the Labour laws of the Kingdom of Bhutan.

Other people: Nu. 300,000 (Ngultrum five hundred thousand) per person for unlimited number of persons and unlimited number of occurrences.

GCC 15.1 Queries. The Chief Engineer will clarify queries on SCC.

GCC 19 The regulations and guidelines for work place safety issued by Ministry of Labour and Human Resources, RGoB shall be complied at all times.

GCC 21.1 The Site Possession Date(s) shall be: within five days after signing contract

GCC 25.2 Fees and types of reimbursable expenses to be paid to the Adjudicator: As Applicable

GCC 25.3 Institution whose arbitration procedures shall be used:

Construction Development Board (CDB):

Dispute arising from the implementation of the provisions of the Contract shall be settled first by negotiations between the contractor and the employer in order to arrive at an amicable settlement. If negotiations fail within the parties, the disputes shall be referred to the CDB and finally resolve by arbitration in accordance with rules and procedures of the CDB enforce at the time of submission through its National Arbitration Committee. Either party can take the case to the court in Bhutan if arbitration award is not acceptable to them. If the case is taken to the court, all the decisions made by the arbitration will be null and void.

The place of arbitration shall be: Thimphu, Bhutan

GCC 26.1 Appointing Authority for the Adjudicator: Not Applicable

B. Time ControlGCC 27.1 The Contractor shall submit for approval a Comprehensive Work Program for the Works

Section X: Security Forms Page: 11 of 12

within one (1)month from the date of the Letter of Acceptance.

The Program shall include, but not be limited to, the following elements under the conditions stipulated:

(a) Quality Assurance Plan (QAP)

The Quality Assurance Plan shall specify the work methodology, quality control tests and intervals for such tests in accordance with the work specifications for each item of the Works. If in the opinion of the Project Manager the QAP submitted by the Contractor does not fully represent the spirit of the General Conditions of Contract or the Specifications he may seek further clarification from the Contractor before his approval. The Contractor shall strictly follow the QAP in the execution of the Works. If the Contractor does not comply with the QAP, he shall not be allowed to proceed further with the Works. Details of all procedures and compliance documents shall be submitted to the Project Manager for information before each execution stage is commenced. Compliance with the quality assurance system shall not relieve the Contractor of any of his duties, obligations or responsibilities under the contract. Bills should be supported by quality test results without which the client will not make any payments.

GCC 27.3 The period between Program updates is 30days. The amount to be withheld for late submission of an updated Program is Nu. 1,000/- per day.

GCC 39.1(f) The contractor will be required to complete some critical widening in advance as per the instruction of the project engineer due to priority of the government. The winning bidder will have to provide legal undertaking and non acceptance of this clause will result in rejection of his bid.

C. Quality ControlGCC 35.1 The Defects Liability Period is: 12 months.

D. Cost Control GCC 44.1 (l) Other Compensation Events are: None

GCC 45.1 In case of certain Tax exemptions, such as in foreign assistance projects, this specific exemption(s) should be clearly specified in this clause.

GCC 47.1 The Contract is subject to price adjustment in accordance with GCC Clause 47.The contract is subject to price adjustment in accordance with Clause 44 of the General Conditions of Contract, but applicable only after 12 months from date of Start of the contract up to the intended completion date.

GCC 48.1 The proportion of payments retained is: ten (10) percent.

GCC 49.1 The liquidated damages for the whole of the Works are zero point zero seven five(0.075) percent of final contract price per day. The maximum amount of liquidated damages for the whole of the Works is ten (10) percent of the final Contract Price.

If the contractor does not execute the work as per the agreed contract schedule and the project gets delayed beyond the contract period, whereby there is no genuine reasons for time extension, the contractor has to bear the cost of the Supervision Consultancy contract, if employed by the Client for the delayed construction period.

GCC 50.1 The Mobilization Advance Payment shall be ten percent (10%)of the Contract Price and shall be paid to the Contractor no later than 30 days after receipt by the Employer of an acceptable Advance Payment Guarantee.

GCC 50.2 The secured advance is seventy five percent (75%) of the value of materials delivered to the work site supported by the original invoices/bills from the supplier as per clause 5.1.12.4 (d) of procurement manual.

GCC 51.1 The Performance Security amount shall be ten percent (10%)of the Contract Price.

E. Finishing the Contract GCC 57.1

As-built drawings shall be submitted by the contractor within 45 days after the completion of the project.

Section X: Security Forms Page: 12 of 12

GCC 57.2 The amount to be withheld for failing to produce “as built” drawings by the date required in GCC Sub-Clause 57.1, or failing to obtain the Project Manager’s approval of them by the said date, is Nu. 20,000 per km.

GCC 58.2 (i) The maximum number of days is: 133 days

GCC 60.1 The percentage to apply to the value of the work not completed, representing the Employer’s additional cost for completing the Works, is twenty percent (20%) subject to a maximum limit of 10% of the initial Contract Price.