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    Section VII. Sample Forms

    Bid Form

    Form of Bid Security (Bank Guarantee) Performance Security Form

    Bank Guarantee Form for Advance Payment

    Manufacturers Authorization Form

    Warranty Form of Quality

    Notification of Award

    Contract Form

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    Bid Form

    Date:

    IFB No:

    To: [name and address of Purchaser]

    Gentlemen and/or Ladies:

    Having examined the bidding documents include the formats, the receipt of and

    inspection which is hereby duly acknowledged, we, the undersigned, offer to supply

    and deliver [description of goods and services] in conformity with the said bidding

    documents for the sum of[total bid amount in words and figures] including all customer,

    taxes, fees, transport cost, insurance and any other levies stated in the conditions or

    such other sums as may be ascertained in accordance with the Schedule of Prices

    attached herewith and made part of this Bid.

    We undertake, if our Bid is accepted, to deliver, install and operate the required goods

    in accordance with the delivery schedule specified in the Schedule of Requirements.

    If our bid is accepted, we undertake to provide a performance security in the form, in

    the amounts, and within the times specified in the Bidding Documents.

    We under take to execute in accordance with instructions, conditions and schedule of

    require specified in this bid and agree to abide by this Bid for the Bid Validity Period

    ( ) starting from deadline for submission and it shall remain binding upon us and

    may be accepted at any time before the expiration of that period.

    Commissions or gratuities, if any, paid or to be paid by us to agents relating to thisBid, and to contract execution if we are awarded the contract, are listed below:

    Name and address

    of agent

    Amount and

    Currency

    Purpose of

    Commission or

    gratuity

    (if none, state none)

    Until a formal Contract is prepared and executed, this Bid, together with your written

    acceptance thereof and your notification of award, shall constitute a binding Contract

    between us.

    Dated this ________________ day of ________________ 200______.

    [signature] [in the capacity of]

    Duly authorized to sign Bid for and on behalf of

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    Bid Security (Bank Guarantee)

    TO: [Name and Address of purchaser]

    Name of Tender:.. Tender no. ( ) of [Year]

    Gentlemen,

    We, the [Name of Bank], in accordance with Instructions to Bidder clause (19), agree

    unconditionally and irrevocably to guarantee as primary obligor and not as Surety

    merely, the payment to [Name of purchaser] on his first demand without whatsoever

    right of objection on our part, in the amount not exceeding [amount of Guarantee],

    [amount of Guarantee in words].

    This guarantee shall remain valid and in full effect for ( ) days starting on

    dd/mm/yyyy.

    Signature and seal

    Name of Bank

    Address

    Date

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    Performance Security

    TO: [Name and Address of purchaser]

    Name of Tender:.. Tender no. ( ) of [Year]

    Gentlemen,

    We, the [Name of Bank], in accordance with GCC clause (15), agree unconditionally

    and irrevocably to guarantee as primary obligor and not as Surety merely, the

    payment to [Name of purchaser] on his first demand without whatsoever right of

    objection on our part, in the amount not exceeding [amount of Guarantee], [amount

    of Guarantee in words].

    We further agree that no change or addition to or other modification of the terms of

    the Contract or the works under the Contract which may be made between [Name of

    purchaser] and the Supplier, shall not in any way release us from any liability underthis guarantee, and we hereby waive notice of any such change, addition or

    modification.

    This guarantee shall remain valid and in full effect from ( ) until the end of ( ).

    Signature and seal

    Name of Bank

    Address

    Date

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    Bank Guarantee for Advance Payment

    TO: [Name and Address of purchaser]

    Name of Contract:.. Contract no. ( ) of [Year]

    Gentlemen,

    We, the [Name of Bank], in accordance with GCC 13.1, agree unconditionally and

    irrevocably to guarantee as primary obligor and not as Surety merely, the payment to

    [Name of purchaser] on his first demand without whatsoever right of objection on our

    part, in the amount not exceeding [amount of Guarantee], [amount of Guarantee in

    words].

    This guarantee shall remain valid and in full effect from the date of the advance

    payment under Contract until [Name of purchaser] receives full repayment of the

    same amount from the Supplier.

    Signature and seal

    Name of Bank

    Address

    Date

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    Manufacturers Authorization

    To: [name of the Purchaser]

    WHEREAS [name of the Manufacturer] who are established and reputable manufacturers

    of[name and/or description of the goods] having factories at [address of factory]

    do hereby authorize [name and address of Agent or and address of authorized person to submit the

    bid ] to submit a bid, and subsequently negotiate and sign the Contract with you

    against IFB No. [reference of the Invitation to Bid] for the above goods manufactured by

    us to supply\supply, installer and operate the Goods manufactured by us .

    We hereby extend our full guarantee and warranty as the General Conditions of

    Contract of contract.

    [signature for and on behalf of Manufacturer]

    Note: This letter of authority should be on the letterhead of the Manufacturer and

    should be signed by a person competent and having the power of attorney to

    bind the Manufacturer. It should be included by the Bidder in its bid.

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    Warranty for Quality

    We, [name of manufacturer], warrant our products and equipments for [period] from

    the date of primary inspection and handover. We shall mend or change any of theequipment spare parts during the validity period of this Warranty free of any charges

    if the suspense has resulted from factory or metallic errors.

    This Warranty does not include any suspense resulted from misusing the equipment or

    broken parts as well as the parts corroded due to extra usage.

    This Warranty will be considered invalid if unauthorized persons tried to mend any

    suspense or if false spare parts are used.

    [signature of authorized person and seal of company, or the company's agent]

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    Notification of Award

    Date: \ \

    Mr.___________________________[name of Supplier]

    Address:________________________

    We would like to notify you that the Tender no.[##] for [year] to

    supply/install/operate [goods], has been awarded to you according to your bid dated

    [dd/mm/yyyy], with an amount [amount of bid in figures and words] Yemeni Rials.

    Could you please provide us with Performance Security in rate of ( )% [amount of

    guarantee in figures]. The Security must be submitted not later than 15 days from the

    date of receiving this notification, and in accordance with the Form attached to BDs.

    The Security should be addressed to us, and must be irrevocable, unconditioned and

    valid until completing the procedures of inspection and primary handover on

    [dd/mm/yyyy].

    In case you delayed attending to sign Contract or submit Performance Security during

    the timing specified above, the award will be canceled and your Bid Security will be

    confiscated.

    Procurement Manager Financial Manager Head of Entity

    Name:

    Signature:

    Name:

    Signature:

    Name:

    Signature:

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    Contract Form

    This Contract (hereinafter called the "Contract") is made on [dd/mm/yyyy] between

    the Purchaser (hereinafter called the "First Party") represented by [Name of

    representative], [his position], and on the other hand the Supplier [Name ofcompany] represented by [Name of representative], [his position] (hereinafter called

    the "Second Party").

    WHEREAS

    Clause 1. The Supplier will supply/install/operate [goods, services or works

    required] in the attached data sheet according to bidding document

    specifications for Tender no.[##] for[year] specified by the First Party

    and accepted by the Second Party, and considered as integrated part of

    this Contract.

    Clause 2. Contract cost is [numbers] [words].

    Clause 3. Payment methods pursuant to SCC.

    Clause 4. Completion period

    - Commencing date: [dd/mm/yyyy]

    - Expiry date: [dd/mm/yyyy]

    Clause 5. The following Documents are integrated part of this Contract:

    1. Notification of Accepting Bid.2. Supplier's complete bid besides any

    correspondences or documents accepted before

    signing the Contract.

    3. Special Conditions.

    4. General Conditions.

    5. Any other documents which are part of this

    Contract.

    Clause 6. The Second Party has no right in any case to waive or assign all or part

    of Contract obligations to any other supplier or agency, unless he has an

    authorization from the First Party. Such authorization must be limited to

    10% of Contract Value. Both, the Second Party and his assignee shall be

    completely responsible for any defect, negligence or violations may be

    done by the assignee.

    Clause 7. The First Party can purchase the items that the Supplier failed to supply

    or rejected items due to un-compliance with specifications on his account

    using any method for the Supplier to bear all increase in cost in addition

    to liquidated damages for delay in supply.

    Clause 8. The Second Party shall be responsible for delivering contracted items in

    set timing in this Contract bearing all relevant costs and fees and

    complaint to contracted specifications in items of quantities, weight,

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    dimension and compliant with provided samples. The Supplier

    undertakes to withdraw all rejected items in period of one week of

    notification and undertakes to provide the workers to open packages and

    handing over to Entity's store in [name of location].

    Clause 9. :a) The First Party has the right to increase or decrease contracted items

    by a percentage of 10% at the same original price with no right for

    the Supplier to reject or ask for reimbursable for such decrease or

    increase in quantities.

    b) Validity of Performance Security is [mention the period] from date

    of items delivery and inspection and compliance to technical

    specifications. In case of supplying machines and equipments which

    require warranty the, Second Party shall be responsible for during

    warranty period for maintenance and services of such machines and

    fixing any damages or defaults in his own account and in case ofdelay, the First Party has right to fix the breakdown on Second

    Party's account and responsibility.

    c) The Second Party shall fully bind to the validity period of the

    Quality Guarantee: [mention the period].

    Clause 10. This Contract will be subject to Procurement Law, By-law. The

    provisions of Procurement Law, By-law, Bidding Documents.

    Clause 11. If disputes are arise to misinterpretation of this contract or it is addenda,

    MOF is the Entity that will be consulted.

    Clause 12. Issued in one original and five copies.

    First Party Second Party

    Name: Name:

    Signature: Signature:

    Date: / / Date: / /

    Seal Seal

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