Tenders instructions
no. (1) for the year 1994, and its amendments
Instructions of tenders
procedures organization and conditions of
participation therein
Pursuant to the
authorities vested upon me in accordance with
Article No. (23) of Supplies Act. No. (32) for the
year 1993, 1 do hereby decide to issue the following
instructions to be published in the official
gazette, and shall be acted upon from the date of
publishing therein.
Definitions
Article (1):
Instructions herein
should be called instructions of tenders procedures
organization and conditions of participation
therein, which include the method of studying
offers, awarding, guarantees should be submitted by
tenderness and contractors and the obligations and
responsibilities arranged thereon.
Article (2):
Words and phrases
defined in article (2) of Supplies Act No. (32) for
the year 1993, whenever mentioned herein, should
have the same interpretation in article (2) of the
same act unless otherwise indicated in the context.
Article (3):
Taking into
consideration what had been stated in Article (2) of
Supplies Act no. (32) for the year 1993, words and
phrases herein below should have the definition set
forth, unless otherwise indicated in the context:-
Tenders committee :
Central
Tenders Committee or any tenders or purchases
committee, constituted according to the provisions
of Supplies Act No. (32) for the year 1993.
The technical committee :
The committee constituted by tenders committee of
experts and technicians either by personal names or
by representatives of other departments and parties.
Secretary :
The head of secretariat section in tenders committee
and its secretary or any secretary in-charge that
may be authorized by the director general or the
under-secretary.
The tender :
Purchase process carried out through tenders
committee who should invite for a tender by
announcing it.
The beneficiary department :
Any ministry, department, authority, official state
establishment, or, any government dependent body,
that applies for supplies purchase through tenders
committee constituted according to the provisions of
Supplies Act No. (32) for the year 1993.
The bidder :
The person who
submits an offer for an announced tender.
The contractor :
The person who has
been awarded the tender by tenders committee, and
engaged to a contract therewith.
General conditions :
The
conditions of participation in tenders and
contracting with contractors, and that are enclosed
with every tender’s invitation.
Special conditions :
Conditions
stipulated by the beneficiary department or General
Supplies Department.
Tender’s invitation :
Tender’s
invitation should consist of the following
documents:-
A.
Invitation for tendering.
B.
The specifications of the required supplies
(including forms, charts, drawings and any other
details).
C.
Tender’s general conditions and instructions.
D.
Tender's special conditions (if any).
E.
Bidders`
pre-qualifications (upon request).
Functions and duties
Article (4):
The beneficiary
department should verify the existence of an actual
need to purchase the required supplies. And that
they are not available in General Supplies
Department, excluding the cases of emergency that
does not permit such procedure before sending the
purchase order to the party concerned in inviting
for the tender, whereas the said concerned party
should :-
A.
Review
the specifications of supplies requested to be
purchased, to assure their generality, precision and
un-ambiguity, it is also entitled to consult
experts, technicians or any other body to make sure
of that.
B.
Verify of submitting a duly certified financial
obligation bond that covers the estimated value of
the tender, or procuring purchase permission issued
by the Department of General Budget, and the
fulfillment of the pre-qualifications of the
tender’s invitation.
C.
General Supplies Department should verify the
actual need for the supplies requested to be
purchased, and that they are not available in the
other departments.
D.
Prepare the tender’s invitation.
Article (5):
The director
general or under-secretary should lay down the basis
and principles necessary for pre-qualifying bidder
whenever necessary, whereas, he should consult
experts and specialists to achieve that.
Article (6):
Director general is
entitled to correct typing and handwritten errors
in contracts already concluded with contractors, and
any correction should not bind the government unless
he signed it.
Article (7): Tenders
announcing
A-
The director general or
under-secretary should announce for tenders
invitation, under annual serial numbers, in not less
than three newspapers, for more than one day, in
addition to the other media he might find it
suitable.
B-
The announcement should include details about
tender’s number, kind of supplies, the closing date
for selling tender’s invitation, the deadline for
submitting offers, the price of the tender’s
invitation, and, any other matters that the director
general or under-secretary may find indispensable
for announcement.
C-
Upon the request of more than one bidder, or for a
certain necessity, the director general or
under-secretary might extend the date of submitting
offers for an appropriate period, if he found the
request serious, then he should announce that in the
same media through which he announced for the tender
before.
D-
The director general or the under-secretary should
announce for the tender, the re-invitation of which
had been decided.
Back to the top
General conditions for
participating in
tenders and concluding
contracts with contractors
Fist : Guarantees and
bonds of tenders
Article (8): Bid
bonds :-
The bidder should enclose with his offer a financial
security in a form of a bank guarantee or a
certified cheque issued by a local chartered bank or
an authorized financial establishment, working in
the kingdom, in favor of the director general or the
under-secretary in addition to his capacity, whereas
the value of which should be (3%) three per cent of
the supplies value stated in his offer, or the value
specified in the tenders` invitation, provided that
it should be valid for ( ) days from the closing
date of offers submission, unless otherwise
explicitly stated in the invitation.
Article (9):
A- Bid bonds should be returned to bidders
according to the following:-
1-
Bidders who have not won the tender after approving
the decision by the concerned party.
2-
Bidders whose offers expired and had no desire to
extend them upon their written request.
3-
Bidders to whom the tender had been awarded after
submitting the performance bond.
B-
In case
the bidder disdains to abide by his offer, or fails
to fulfill the requirements of contracting and sign
the purchase order, or what displace it, during the
period specified by the director general or
under-secretary or whom he authorizes, tenders
committee should confiscate the value of the bid
bond and deposit it as revenue to the treasury.
Article (10):
Performance bonds :-
A-
The bidder should abide by submitting the
performance bond for the tender awarded to him, in a
form of bank guarantee or certified cheque issued by
a bank or chartered financial establishment
practicing activities in the Kingdom, in a minimum
value of (10%) ten per cent of the total value of
the awarded supplies or the value estimated by
tenders committee for the unlimited-value decisions,
to be submitted before signing the purchase order
(the agreement).
B-
A
single guarantee could be accepted as a bid bond and
performance bond (for the same tender), taking into
consideration the adequacy of the guarantee value,
by raising it, whereas it should not be less than
(10%) ten per cent of the total value of the
supplies awarded to him, or the value estimated by
tenders committee for decisions the value of which
is estimated, in case the guarantee included an
explicit text therein.
Article(11):
The bidder should abide by submitting the
performance bond within the period specified in the
awarding notification letter issued by the
department that had awarded the tender.
Article(12):
The department invites for tenders, should follow up
the validity of tenders securities and bonds, it
also could request the extension of their validity,
two weeks at least before the expiry date, for any
appropriate period, or, seize the securities values
and deposit them as credits at Ministry of Finance
or at the department invited for the tender, in the
name of the director general or the under-secretary
in addition to his capacity, as necessary, to be
used as a guarantee for the tender or the awarding
decision.
Article(13):
In case the contractor disdained to deliver the
supplies awarded to him, failed to execute the
contract on the specified date, or, failed to
replace the rejected items with the proper
substitutes, tenders committee who had awarded the
tender should take the proper measures including
confiscation of the performance bond value, or any
part thereof, proportional to the value of the
undelivered items, provided that the sum should not
be less than (10%) ten per cent of the value of the
undelivered items, and the sum should be considered
as a revenue for the public treasury.
Article(14):
Performance bond
should be returned to the contractor, after
executing all the contract’s terms, according to a
written request from the beneficiary department,
including the duly prepared documents sent to
General Supplies Department, or the department
invited for the tender (receipt voucher, inventory
voucher or services certificate), and after
submitting maintenance guarantee and
mal-manufacturing guarantee if it was included in
the contract terms.
Article(15):
Maintenance warranty:-
A-
Maintenance warranty should be submitted in a form
of a bank guarantee or a certified cheque issued by
a local chartered bank or financial establishment,
working in the Kingdom, whereas the value of which
should not be less than (3%) three per cent of the
value of the guaranteed supplies, and that this
warranty should be returned to the contractor after
he submits an a quittance from the beneficiary
department. And if the contractor failed to provide
the required maintenance, tenders committee should
be entitled to confiscate the warranty value and
conduct the maintenance on the cost of the
contractor who should be burdened with the price
differences.
B-
If the delivered supplies required to be
installed and operated, such as equipment &
machinery, and the beneficiary dept. did not ask the
contractor to start the installation and operation
after receiving the supplies and entering them duly
in warehouses, in this case the free maintenance
period should commence (120) days after the date of
preparing the supplies receipt voucher duly.
C-
After
the elapse of the free maintenance period stated in
the awarding decision, the maintenance warranty
submitted by the contractor should be considered
automatically released after (120) days, in case of
not receiving any written notification from the
beneficiary dept.
D-
Maintenance warranty should not be requested
from the contractor for supplies that don’t need
for maintenance, provided that tenders committee
should mention it in the awarding decision.
Article(16): Mal
manufacturing warranty
A-
The contractor should submit a written warranty
against mal-manufacturing, certified by the notary
public, covers the total value of the warranted
supplies, added thereto (15%) fifteen per cent of
its value, unless otherwise stated in the tender’s
invitation
B-
The
contractor should abide by substituting the
supplies that approved mal-manufacturing within the
warranty period stated in the awarding decision,
with new supplies on his own expense, according to a
written acknowledgement signed by him in this
regard, as per a report issued by a technical
committee from the beneficiary dept. and/or a
technical committee constituted by the tenders
committee, anyhow, these supplies should be
substituted within two months maximum from notifying
the contractor by the concerned dept. and/or tenders
committee, whereas, tenders committee is entitled to
impose a penalty proportional to the period spent to
replace the supplies and the consequent damage and
expenses, since the warranty should be recalculated
from the date of delivering the new supplies.
C-
The period of the mal-manufacturing warranty is one
Gregorian year from the date of the final receiving
of supplies, unless otherwise stated in the awarding
decision.
D-
In case the contractor fails in executing the
aforesaid, the whole warranty value should be
collected in accordance with the Law of Domanial
Money Collection or by any other means and a rate of
(15%) fifteen per cent of the value of supplies that
have proven to be mal-manufactured, should be
confiscated as a revenue in favour of the public
treasury, meanwhile the rest should be deposited as
credits for purchasing supplies on the cost of the
contractor, in addition to burdening him with the
total cost of supplies, and any consequent expenses
or damage that might affect the dept.
Article(17):
Tenders securities and warranties should be
deposited at the tenders committee secretariat, or
the financial division in the department that has
invited for these tenders.
Back to the top
Second : Purchasing
tender's invitation,
preparation
and submission the offers by bidders :-
Article(18): A-
The bidder
who wishes to purchase the tenders invitation,
should submit a certified copy of a valid
professions practicing permit, that entitles him to
practice manufacturing, selling, or supplying the
required supplies, or deal therewith, he also should
submit the commercial register that details all the
conditions stipulated by Ministry of Industry and
Trade, to be registered in the commercial register,
whereas the concerned employee should request these
documents at the time of selling any tender’s
invitation, or once or more a year.
B- The bidder, who participates for the
first time in the department’s tenders, is obliged
to enclose a certified copy of the professions
practicing permit and the commercial register with
his offer.
Article(19):
The bidder should pay the specified (non-refundable)
fees for purchasing the tender’s invitation with all
documents and enclosures, against a duly issued
receipt.
Article(20):
The bidder should prepare his offer according to the
documents of the tender's invitation after
thoroughly reading and understanding the contents
thereof. In case that the documents package was
incomplete, or the bidder found missing documents
therein, he should apply for the missing documents
from the department which invited for the tender;
and he should be responsible for all the
consequences for not checking and completing
documents properly.
Article(21):
When the invitation contains an indication that the
supplies to be purchased should conform to the
sample(s) available in the department or in any
other place specified in the invitation, the bidder
should check and thoroughly examine the sample
before submitting his offer; whereas his claim of
not checking and performing the required matching or
examination, should not constitute an excuse to
elude from responsibility; and sample checking
should be considered already implied
Article(22):
The bidder should prepare his offer and prices
according to the schedules and forms attached with
the invitation, and should stamp and sign all of the
tender’s documents, submit them enclosed in full
with his offer. The bidder is entitled to add any
documents or information that may be in-dispensable
to clarify his offer, he should also state his
complete and
precise address in his offer including the post
office box number, telephone, facsimile and telex to
be used for correspondence purposes with respect to
the tender, he also should notify the department in
writing about any change to update his address,
whereas all correspondences that used the last
available address and sent by mail should be
considered as if they have been delivered actually
and on time.
Article(23):
The offer should be prepared in duplicate (the
original and the duplicate copy) handwritten or
printed legibly without erasing, altering, deleting
or addition. If such editing was necessary, the
bidder should sign in red ink next to this erasing,
altering, deleting or addition, taking into
consideration writing the prices in figures and
words, the bidder should, also, quote the unit price
and total price for every item, in addition to the
offer’s total value (for all the items he applied),
whereas the price should be considered inclusive for
packing and wrapping wages; otherwise the tenders
committee should be entitled to disregard the offer.
Article(24):
The bidder should submit the required data and
documents that show his experience and technical and
financial capability, and the level of his services,
as well as any other necessary requirements, when
required ,to prove his ability to meet his
obligations and requirements of the tender, as per a
certain form prepared for this purpose, for tenders
require that.
Article(25):
The bidder should submit the offer on two separate
identical copies with the bid bond in one sealed
envelope, unless otherwise requested in the tender’s
invitation, whereas the name of the department who
has invited for the tender should be written
thereon, in addition to the department’s address:
P.O. Box, the name and permanent address of the
bidder, the tender’s reference number in a legible
script and the closing date. Otherwise, tenders
committee may disregard the offer.
Article(26):
The offer should be
deposited by the bidder in the tenders’ box at the
department that had invited for the tender, before
the elapse of the specified period, preferably,
before the closing date in an adequate time to avoid
any emergency. Every offer that is not deposited
before the closing date should be disregarded and
returned closed to its source. In case of not
writing the sender’s address or adequate information
concerning the tender, the department could open
that envelope to examine the contents and address if
any, to be returned.
Article(27):
Offers sent directly to the department by means of
cable, facsimile, telex or telephone should not be
acceptable, unless otherwise explicitly stated in
the invitation.
Article(28):
Offers that are not
duly signed nor stamped, or submitted incomplete or
ambiguous in a manner that impedes awarding, should
be disregarded
Article(29):
The bidder should enclose the original copy or any
catalogues, bulletins, know-how or statistical
information that introduce the offered supplies
either in Arabic or English, to his offer, whereas
the committee should disregard the offer in case of
not enclosing the said materials; and the bidder
should not be entitled to submit objection thereon.
Article(30):
The bidder should submit with his offer the samples
required in the tender's invitation, and in case
samples were immovable, he should specify the place
and time for viewing them; otherwise, tenders
committee could disregard the offer.
Article(31):
Packing and
wrapping should be of a considerable commercial
standard, taking into consideration stating the
method of packing used therein, without any addition
to the price, whereas all boxes, bags, and other
packing materials should become a state property,
unless otherwise stated.
Article(32):
The bidder should
keep his offer valid and irrevocable for a period of
( ) days from the closing date, unless otherwise
explicitly stated.
Article(33):
Offers may be
accepted for supplying the whole quantity or part of
the required supplies, an item, or more, unless
otherwise stipulated in the tender's invitation.
Article(34):
If the supplies
delivery date was not specified in the tenders
invitation, the bidder should specify the exact
delivery date, and in case the delivery date was not
specified in either cases, it should be considered
an immediate delivery (immediate is understood to be
within one week from the date of signing the
purchase order “the agreement”).
Article(35):
The bidder
should state in his offer the country of origin for
the offered supplies, the name of the manufacturing
company, the brand, the trade name, the model and
catalogue number or the brochure concerning the
offered supplies.
Article(36):
A-
Enclosed with his offer, the bidder should submit a
separate table of the spare parts recommended by the
manufacturing company to be used for ( ) years in
normal conditions, indicating the item number as it
is stocked in the manufacturing company, the
quantity, unit price and the total price, whereas
these prices should be binding to the bidder for the
specified period, and the department is completely
free to purchase them within this period against the
pricing stated in the aforesaid table, while these
spare parts should be brand new and original 100%.
B- The bidder should abide by providing
workshops and spare parts for the supplies that
require so, for a minimum of (8) eight years or for
the average operating life, unless otherwise stated
in the invitation, the bidder should, also abide by
enclosing with his offer the escalation clause for
the spare parts pricing, after the expiry of the
period set forth in sub-paragraph (A) hereof, as it
is in the county of origin.
Article(37):
In case that
tenders invitation included a trademark or certain
specifications for any supplies, the bidder should
not be bound to these specifications or trademark
which merely serve as an indicator to the
characteristics and usages of the required supplies.
The bidder could, also, submit the substitutes that
have the same equivalent advantages, characteristics
and applications that lead to making use of them in
the same manner that the nominated materials may
act, in this case the required specifications should
be considered to be general specifications, to get
the required results from the beneficiary
department.
Article(38):
The bidder’s offer should be considered as a
confirmation that he has not submitted his offer
according to his relation with another bidder who
applied for an item or more quoted in his offer, in
all cases one bidder is not entitled to submit two
separate independent offers for the same supplies
either in his name or in his partnership’s name, and
in this case both offers should be disregarded, also
the bidder should submit one specified offer; and he
could enclose some alternative choices in separate
documents with his offer, provided that the value of
the bid bond should be proportional to the offer’s
value or the substitute choice whichever the
highest.
Article(39):
A- The
submitted offer of the bidder should be considered
as an explicit consent from him that issuing the
purchase order by the department, after documents
notified, should constitute together with the
approved tenders documents, a binding contract,
unless otherwise stated in the awarding decision and
purchase order.
B-
The bidder should guarantee that the delivered items
are brand new (100%) and free of manufacturing or
material defects and of up to date model, and still
being produced, provided that the year of
manufacturing of the model should be the same year
of the offer's submission.
C-
If there was any change in the model whether equal
or better than the awarded model in favor of the
beneficiary department, the new alternative should
be accepted without any amendment to the price,
provided that
the alternative should be from the same
manufacturing company and country of origin. Since
this change should be according to a catalogue
submitted by the manufacturing company and a
technical report by the technical committee
constituted for this purpose, after obtaining the
approval of the tenders' and / or the purchases'
committee.
Back to the top
Article(40):
Offers should be
opened publicly in the place, date and hour
specified in the tender's announcement and in the
presence of all the committee's members as for the
supplies of common usage, and in its full quorum or
in the presence of four of its members including its
head, for the supplies of special usage, whereas
every offer must be signed thereby, the committee
also is entitled to recite the total prices for each
offer, whereas every bidder or his representative
may attend the process of offers opening.
Article(41):
A schedule (offers
opening minutes) should be prepared by the
secretary, in which he registers the name of all
bidders who participated in the tender with serial
numbers, the bid bond value and its kind should also
be registered for every offer, with any other
information the head of tenders committee might
consider suitable, whereas minutes should be signed
immediately after opening all offers, in addition to
stating the number of bidders that have participated
in the tender in words, and any modification
therein, should be justified in writing, and
consolidated by the signature of the members of the
tenders committee.
Article(42):
Offers or any
modifications thereon should not be accepted after
the date and time specified as a closing date.
Article(43):
A- If
tenders committee found that the participating
bidders were less than three or than the expected
number, it should decide to extend the period of
offers submission, re-inviting for the tender, or to
change the tender into purchase by requesting for
proposals, in this case offers should be returned
closed to bidders who submitted them against their
or their representatives signature.
B-
Upon the conviction of tenders committee of the
uselessness of extension, it should be entitled to
open the so far submitted offers, and make the
necessary study and awarding, in case of finding the
offered prices and supplies suitable.
Back to the top
Forth
: studying and evaluating
offers
Article(44):Offers
Submitted for the tender should be conveyed to
special tables therefore.
Article(45):Tenders
committee or the director general should specify the
persons or parties that constitute the technical
committee, which should study offers with respect to
the necessary technical, financial and legal
affairs; and then submit its proper recommendation
for the tenders committee.
Article(46):Any
offer that is not consolidated by the bid bond
should be disregarded.
Article(47):Offers
(Bids) submitted for the tender should be studied
into ascending price order according to the
following:-
A-
Offers should be studied with respect of technical
aspects in such a way that technical standards,
should be specified according to the specifications
of the required supplies, on a table prepared for
this purpose, and all offers should be subjected to
the same criteria, with respect to bidder’s
commitment (in his offer) with the specifications
and conditions of tender's invitation.
B-
Bidders financial and technical competence to
fulfill the tender’s obligations should be
considered.
C-
Study of offers should start with the lowest price
offer and graduate into ascending order until
finishing up the study of all the submitted offers.
D-
In case that the offer has fulfilled all conditions,
specifications and quality, the technical committee
should recommend to award the tender on the tenderer
submitted the lowest prices.
E-
Offers prices of the supplies required in the
invitation should be compared to specify the lowest
congruent, provided that the value of any appendages
or spare parts that are not required to be priced in
the invitation should be disregarded. Whereas,
tenders committee should be entitled to accept
appendages and spare parts in the winner offer after
awarding it.
F-
In case that the requirements were not available in
the lowest price offer, the study should go to the
offer follows it in price, till it reaches to the
suitable offer for awarding, provided that reasons
of disregarding (offers with low prices) should be
stated explicitly.
G-
When defects or non-conformity is found in all
offers (bids), it should be possible to purchase the
offered supplies that satisfy the requirements of
the beneficiary department that enjoy quality and
suitable prices (the optimal offer).
H-
Continuation of spare parts and maintenance
availability, and any other matters required by
Supplies Act and the applied instructions, should be
considered.
I-
The privileged price granted to the national
products should be considered in the studying
process.
Article(48):
In case that a
mistake was found in the offer concerning the total
price, the unit price should be considered, and if
more than one price for the unit price was found,
the problem should be submitted to tenders committee
to be settled down according to the implying
evidences, whereas it could disregard the offer in
case of the evidence absence, and in case that there
was a difference between the total price stated in
figures and total price stated in words, the lowest
price should be considered, unless otherwise tenders
committee found sufficient evidences to approve the
highest option.
Article(49):
In case that the
required specifications, prices, conditions, and
quality were all the same, the preference should be
given to the bidder whose offer includes additional
advantages, then the offer provides national
products, then the offer of the bidder permanently
resides in the Kingdom, then the shortest delivery
time in case it serves the interest of the
beneficiary department.
Article(50):
Tenders committee
is entitled to disregard the offer of the bidder who
breaches his obligations before concluding the
agreement, or the contracts already concluded with
him, or who did not abide by the contract’s terms,
elude, or cheat, and provided that violations have
been committed in more than one agreement, or more
than two times in a single agreement; whereas the
committee should be entitled to deprive him from
participating in tenders for the period it
specifies.
Article(51):
Before awarding the
tender, tenders committee should consider the
competency and experience of the bidder in the field
of providing the required supplies, his goodwill,
facilities provided by him or the service that he
provides, spare parts, workshops, and his solvency;
whereas the committee could disregard his offer upon
the absence of these requirements or part thereof.
Back to the top
Fifth :
awarding of tenders
Article(52):
Tenders should be
awarded to winners, with stating reasons according
to the following :-
A-
The lowest conformity:
If the lowest conformity offer included the
necessary quality in the required supplies and
conforming to the specifications & terms in the
invitation.
B-
The lower conformity:
If there were some inconsistent offers and other
conforming offers, the inconsistent offers should be
disregarded and the awarding should be assigned to
the lower conforming.
C-
The optimal:
In case of finding
inconsistencies in all the submitted offers, tenders
committee could choose the optimal offers with
respect to quality, price, kind, and conditions that
satisfy the required purpose only if the committee
found that up to the interest of the beneficiary
department.
D-
Any other reason that cope with the provisions of
Supplies Act, provided that it should be
sufficiently justified
Article(53):
Tenders committee should reserve the right to
disregard any offer that is insufficiently clear to
be awarded or implying more than one interpretation.
Article(54):
Tenders committee is entitled to award from any
offer an item or more from the submitted items or
any part thereof, unless otherwise the bidder
stipulated, moreover the committee could reject all
the offers submitted thereto.
Article(55):
Tenders committee
may decrease or increase the quantities required in
the tenders invitation before awarding, without
referring to the bidder, or after awarding, by the
approval of the contractor, provided that the total
increase or decrease should not exceed (25%) twenty
five per cent either before or after awarding.
Article(56):
Tenders committee
may disregard any offer submitted by a bidder who
had previously proven to be incapable or failed to
satisfy obligations or had impersonated the capacity
of representing an establishment or corporation, or
claimed that he is the agent in sales affairs, or
had hidden his agency on its behalf; either the
representation was in favor of a Jordanian or a
foreign establishment or corporation.
Article(57):
Tenders committee
should disregard the offer that did not abide by the
specifications, general conditions and instructions,
special conditions as well as the applied provisions
of Supplies Act; or if its applicant was
inefficient, unqualified, or had been stated to be
deprived from participating in tenders for the
period specified by tenders committee.
Article(58):
If a contradiction
or conflict occurred between regulations and general
conditions and between special conditions, in this
case special condition should be considered.
Article(59):
Specifications
stated in the invitation or the awarding decision
should constitute the minimum acceptable limit, and
the specifications of the submitted samples should
not cancel the specifications stated in the
invitation, or the awarding decision, unless
otherwise the specifications of samples were of
superior specifications in comparison.
Article(60):
In case that
tenders committee found that the offered prices were
high, it should re-invite for the tender, or
purchase by requesting for proposals or by direct
purchasing, in accordance with the provisions of
Supplies Act, the committee is also entitled to
disregard the purchasing process wholly or
partially; meanwhile on re-inviting, the bidder who
purchased the tender's invitation previously could
obtain it free of charge.
Article(61):
Secretariat of
tenders committee should announce the names of the
winning bidders by affixing them on a special
announcing board, or following the method determined
by the director general or under-secretary to be
acquainted with for a period of four working days
for any objections submitted by any participant
bidder. In some exceptional cases, tenders committee
may shorten the period of objection to a minimum
period of not less than (48) forty-eight hours.
Article(62):Tenders
committee should consider the objections forwarded
to it, and issue decisions concerning them, then it
should submit the awarding decision for approval by
the concerned authority.
Article(63):
A-
The
director general or under-secretary should
formulate, through the employees of the department,
the decisions of tenders committee, as well as
numbering them with an annually classified serial
reference. Having approved these decisions, they
should be formulated into agreements (purchase
orders) signed by both parties, whereas copies of
these agreements (purchase orders) and decisions
should be distributed to the concerned authorities
to execute them.
C-
A
copy of the tenders committee’s decisions should be
sent to General Supplies Department / Central
Register Section.
Article(64):
Tenders committee
reserves its right in canceling any invitation at
any time, or during any phase without mentioning
reasons, it is also entitled to Tenders disregard
all or some submitted offers, provided that no
bidder should have the right to claim any consequent
loss or harm, as a result of submitting his offer;
furthermore, no financial or non-financial
liabilities should be imposed on the committee there
under.
Back to the top
Sixth :
responsibilities of
the contractor before
the tenders committee
and governmental departments
Article(65):
The contractor who
has been awarded the tender should finalize
procedures of the contract with respect to the
awarding decision, “submit performance bond, pay the
legal fees and sign up the agreement (purchase
orders) etc.”, during the period specified in the
notification letter that should be sent to the
contractor.
Article(66):
Signing purchase
order (the agreement) by the contractor should be
considered as an acknowledgement that he is fully
acquainted with the contents of the awarding
decision, purchase order, and all what is concerning
them, and that he is adhering completely to their
contents.
Article(67):
The contractor should not be entitled to assign
whole or part of the contract to any other person
without obtaining a written consent from the tenders
committee that has awarded the tender, provided that
the department should reserve all rights in
accordance with the awarding decision and the
original contract.
Article(68):
In case the
contractor disdained or failed to satisfy his
obligations in accordance with the contract, or
delayed in providing the awarded supplies, tenders
committee should purchase supplies or services (the
subject of the contract) with the same
specifications and characteristics, or their
substitutes with equivalent characteristics, usages
and qualities, from any other source, on his own
account and expenses, burdening him with price
differences, additional disbursements, and any
losses, expenses, damages or harm that might affect
the beneficiary department or G.S.D., needless to
any notice, and without any objection from the side
of the contractor thereon.
Article(69):
The supplier should remove the rejected items on his
own account within a maximum period of (15) fifteen
days from the date of notifying him by the necessity
of removing them from the place where they are,
except in case of health or security necessities,
supplies should be removed or destroyed before this
period, and in case of delay in doing so, he should
be considered waiving these items in favor of the
government, whereas the government may charge him
with removing or destroying expenses if necessary.
Article(70):
In case the contractor delayed in executing his
obligations in the date specified in the contract,
tenders committee should be entitled to impose a
financial penalty, that not exceed (0,5%) half per
cent of the supplies value which he delayed in
delivering them, for every week or part thereof,
regardless of the damage resulting from the delay in
the execution, any way, the committee is entitled to
purchase the supplies which the contractor deferred
to provide on his own cost without any warning, and
burdening him with the prices differences as well.
Article(71):
Imposing the
penalty mentioned in article (70) could not prevent
the concerned dept. from burdening the contractor
with the damage value, resulted from his delay in
carrying out his obligations, without a previous
notification, provided that the concerned dept.
should notify tenders committee with the value of
the damage and harm if available.
Article(72):
Amounts due on
tenderers or undertakers in favor of the department,
should be collected, in accordance with Supplies
Act, or these regulations, from their credits at the
governmental departments or from their securities
therein, or in accordance with the Law of Domanial
Money Collection.
Back to the top
Article(73):
The beneficiary
department is entitled to specify a sample to
purchase supplies completely identical thereto,
without limitation to one trademark or one factory.
In this case the sample should be put in a certain
place in the beneficiary department or in General
Supplies Department, with mentioning the place and
address in the tender’s invitation, to enable
bidders to view it.
Article(74):
The bidder could
consolidate his offer with a sample, and he is
entitled to consider it a sample from all aspects,
or determine the reason it is submitted for, whereas
he should explicitly mention that in his offer.
Article(75):
The samples approved next to awarding the tender
should be kept in the place specified by the
department which awarded the tender after stamping
it with the department’s stamp, and after being
signed by the tenders committee, to be compared with
the delivered supplies at delivery time.
Article(76):
Samples that have been submitted by bidders who have
not won should be returned upon a written request
within a period of two weeks from the date of the
final awarding, and General Supplies Department, or
the beneficiary department should not be responsible
for losing or damaging them after that date. In all
cases, the bidder should lose the right of claiming
these samples, in case of not submitting a written
request to return them within two months from the
date of the final awarding, and should be entered
duly into the department’s records, unless otherwise
he submitted written convincing reasons, in this
case samples could be returned, according to a
decision from the director general or
under-secretary, during maximum period of (3) months
from the date of entering them into records, with
stating the decision according to which samples
returned in the official supplies registers, before
dropping them from records.
Article(77):
The director
general or under-secretary should specify the method
of receiving, keeping, and returning samples.
Article(78):
Samples belonging
to the winner contractors should be returned after
receiving the delivered supplies complying with the
conditions of the awarding decision, and issuing a
letter from the beneficiary department ,in which it
asks the concerned party to return such samples.
This should be carried out according to the
procedures mentioned in article (76) of these
instructions, unless otherwise stated in the
awarding decision.
Back to the top
Eighth : supplies
checking and receiving
Article(79):
Supplies should be
received from contractors according to the
specifications and conditions stated in the awarding
decision and the approved samples stated therein.
Article(80):
Supplies delivered
by the contractor should be subjected to re-weighing
and measuring again on the scales specified by the
government, and the price should be paid according
to the net weight or measure of these supplies
unless otherwise stated.
Article(81):
Supplies that delivered by the contractor should be
checked and experimented to examine the extent of
conformity with the required specifications in the
manner specified by the beneficiary department or
receiving committee, and the contractor should bear
the expenses of examining, in the case of
inconsistency and rejecting the delivered supplies.
Article(82):
Receiving committee
is entitled to reject any supplies that do not
comply with the specifications and / or contract
conditions. However, tenders committee could accept
supplies in the cases that it might find suitable,
as per the submission of the under-secretary,
according to a report issued by a specialized
technical committee, against a fair discount.
Article(83):
If
the required supplies were of large projects
(complex projects) which require installation and
operation, this note should be stated in the
tender’s invitation (the special conditions), and
every bidder should mention that in his offer and as
follows:-
A-
Identifying the period of delivery.
B-
Identifying the period of installation and initial
receiving.
C-
Identifying the period of probational operation,
according to which the final receiving should be
conducted.
Back to the top
Article(84):
A-It is agreed upon that the contractor should not
bear the damage imposed on the delay in executing or
not satisfying the contract, in case the delay or
failure was due to force majeure.
B-In all cases if a force majeure took place, the
contractor should submit a written and immediate
notice to the concerned authority stating therein
the circumstances and reasons that hinder or delay
executing the obligation with all relevant
evidences.
D-
Temporary force majeure should justify delay, and
satisfying obligations should occur after vanishing
of the cause, while the permanent force majeure
should be considered an excuse for unfulfilling
obligations.
Article(85):
The specialized
tenders committee should take into consideration the
force majeure, with respect to place and time and
their effect on the execution of the contract.
Back to the top
Tenth : tenders
box
Article(86):
The department
should keep a box with three keys, the head and two
members should have a key each. Bidders or their
representatives should deposit their offers therein,
through an opening place that could be closed with a
special flip. Bidders could withdraw their offers or
amend them in accordance with written, signed and
sealed requests which should be deposited in the box
before the closing date.
Article(87):
Starting from the
date of applying these regulations, the following
should be cancelled :-
A-
Regulations No.(1) issued pursuant to Article (9) of
Supplies Act No. (37) of 1978.
B-
Any regulations or text that contradict with
these regulations.
