ANUNCIO DE LICITACIÓN DE PROYECTO PARA INDONESIA ... · concesionalels, tienen restringida su...

ANUNCIO DE LICITACIÓN DE PROYECTO PARA INDONESIA

“ En el marco de estímulo a las relaciones económicas bilaterales con la República de Indonesia que establece el Programa de Cooperación Financiera firmado en Abril de 2004 y sus Addenda, en particular el firmado en Yakarta en Marzo de 2011, quedó priorizada una serie de proyectos de interés mutuo. Estas operaciones, que recibirán financiación oficial en términos concesionalels, tienen restringida su adjudicación a empresas españolas. Se convoca aquí, con arreglo a los pliegos de concurso que se acompañan, la primera de elllas consistente en el suministro de los elementos, componentes y manuales de montaje necesarios para la construcción de diversos puentes metálicos de cesolía destinados a varios emplazamientos en el archipiélago indonesio. La Oficina Económica y Comercial de la Embajada de España en Yakarta (Tf. 6221 3917543, www.oficinascomerciales.es) y la Subdirección General de Política Comercial para Europa,. Asia y Oceanía (Tf. 91 3493709) seran los puntos de contacto españoles para el desarrollo del proyecto.”

REPUBLIC OF INDONESIA

MINISTRY OF PUBLIC WORKS DIRECTORATE GENERAL OF HIGHWAYS

BIDDING DOCUMENTS

FOR

PROCUREMENT OF PREFABRICATED

STEEL TRUSS BRIDGE MATERIAL SPANISH LOAN

LIMITED COMPETITIVE BIDDING

IFB N°: KU 03 03 – Bv /640

12 January 2012

BIDDING DOCUMENTS

FOR


STEEL TRUSS BRIDGE MATERIAL

SPANISH LOAN

LIMITED COMPETITIVE BIDDING

IFB Nº: KU 03 03 – Bv /640

12 January 2012

TABLE OF CLAUSES

Invitation for Bids.

PART 1. BIDDING PROCEDURES

SECTION I: Instructions to Bidders.

SECTION II: Bidding Data Sheet (BDS).

SECTION III: Evaluation and Qualification Criteria.

SECTION IV: Bidding Forms.

SECTION V: Eligible Countries.

PART 2. SUPPLY REQUIREMENTS

SECTION VI: Schedule of Requirements.

PART 3. CONTRACT

■'SECTION VII: General Conditions of Contract.

SECTION VIII: Special Conditions of Contract.

SECTION IX: Contract Forms.

SECTION X: Technical Specifications.

INVITATION FOR BIDS REPUBLIC OF INDONESIA


PROCUREMENT OF PREFABRICATED STEEL TRUSS BRIDGE MATERIAL - SPANISH LOAN

IFB No. KU 03 03 – Bv /640

Date: 12 January 2012

1. The Government of the Republic of Indonesia has received a tied loan from the Government of the Kingdom of Spain toward the cost of Procurement of Prefabricated Steel Truss Bridge Material, and it intends to apply the proceeds of this Loan to payments under the contract for Procurement of Prefabricated Steel Truss Bridge Material – Spanish Loan.

2. The Directorate General of Highways, Ministry of Public Works, Government of Indonesia now invites only

Spanish Companies, or its Joint Ventures or Consortia, to submit their sealed Bids for the design, fabrication and delivery of prefabricated Steel Truss Bridges for a total length of approximately 3,475 meters of Permanent Steel Truss Bridges.

3. Bidding will be conducted through the procedures in accordance with the guidelines contained in the 2004

Indonesian - Spanish Financial Cooperation Programme and its 2005 and 2011 Addenda between the Government of Indonesia and the Government of Spain, and is only open to Spanish Companies having proven experience in designing, manufacturing and delivering steel truss bridges.

A ”one stage-two envelope” bidding procedure will be adopted. Bidders are required to submit two (2) sealed envelopes, one containing the Technical Proposal and the other containing only the Price Proposal, submitted simultaneously.

4. Bidding Documents shall be available for collection in Indonesia and Spain, for a period of 33 (thirty-three)

calendar days after the announcement of the Bid in the web page of the Ministry of Industry, Tourism and Trade of Spain. Late applications for Bidding Documents will be rejected.

In Spain, Bidders may obtain the Bidding Documents on the address stated in clause 9 below.

In Indonesia, Bidders may choose to obtain the Bidding Documents by downloading from the semi e-procurement section of the Ministry of Public Works website (requiring an access code as described in Clause 5) or to collect the Bidding Documents (soft or hard copy available) at the address stated in clause 9 below.

5. All interested Bidders are strongly suggested to register in the semi e-procurement system of the Ministry of Public Works. Those Bidders who collect the Bidding Documents in Spain are also strongly suggested to register. To do so, Bidders shall register electronically through the semi e-procurement section of the Ministry of Public Works website in order to obtain a free access code to the semi e-procurement system following the steps indicated as follows:

(a) Click on the "semi e-procurement” section on the Ministry of Public Works website (www.pu.go.id) and

then click on the “RegistrasibagiPenyediaJasa yang belummemiliki User-ID”. (b) For Single Bidder click on “For Foreign Vendors-BM Spain Project” ” (note: this slot/link address is

being modified, it will be adjusted when procurement is started). For Joint Venture or Consortium click on “Untuk Joint Operation (JO), Joint Venture (JV) dan Association”. Registration must be done by the lead partner only.

(c) Once the registration is completed, the access code will be sent by e-mail. (d) This access code is only valid for the Procurement of Prefabricated Steel Bridge Material- Spanish

Loan.

(e) The semi e-procurement system does not permit the electronic submission of Bids. (f) Manual for online registration and document download can be downloaded at the "semi e-procurement”

section 6. In addition to the registration in the semi e-procurement system, Bidders shall register at the time of

collection the Bidding Documents, by proving the Directorate General of Highways of the Ministry of Public Works of Indonesia or the Spanish State Secretariat for Foreign Trade with an evidence that would be received by email, confirming that the Bidder has been registered in the semi e-procurement system together with a Letter of Registration including the following information:

(a) Name of the Bidder (for the case of Joint Venture or Consortium, the names of all members shall be

listed, stating the one which shall act as leader during the Bidding Process).

(b) Contact details to which any communication from the Purchaser should be sent (name and title of person in charge, fax number, postal address and e-mail).

(c) The Letter of Registration shall be attached with a Letter of Appointment towards the duly authorized

representative of interested Bidders for this particular Project (Spanish or Indonesian company as the case may be) including the name of the person in charge. Such authorized representative shall be limited to act on behalf of the Bidder for the Bidding Documents acquisition and for attending the Pre-bid Clarification Meeting and Bid Opening, and not for exchanging communications with the Purchaser on behalf of the Bidder.

7. It will be allowed, after being registered as a single company, to bid in a Joint Venture or Consortium. In

this case, before the deadline for acquisition of the Bidding Documents, the Bidders must communicate the Directorate General of Highways of the Ministry of Public Works of Indonesia and the Spanish State Secretariat for Foreign Trade its intention to participate in the Bid as a member of a Joint Venture or Consortium by submitting a Letter of Registration of Joint Venture or Consortium as stated in Clause 6 above. A Bidder participating on its own or as a member of a Joint Venture or Consortium shall not be allowed to participate in more than one bid or as subcontractor to any other Bidder.

(a) Any communication from the Bidder to the Purchaser shall be signed only by the person in charge stated

in the Letter of Registration, through formal letter from the Bidder, and not from the Indonesian representatives, if applicable.

(b) Only registered Bidders shall be entitled to request clarifications on the Bidding Documents and attend

the Pre-bid Clarification Meeting. 8. In case the Bidder collects the Bidding Documents in Indonesia, a copy of the Letter of Registration and the

Letter of Appointment shall be sent by the Bidder to the Head of the Spanish Economic and Commercial Office in Indonesia. Address: Spanish Economic and Commercial Office JL. H. Agus Salim, no 61 Jakarta – 10350 Indonesia

In case the Bidder collects the Bidding Documents in Spain, a copy of the Letter of Registration and the Letter of Appointment shall be sent by the Bidder to the Head of the Spanish Economic and Commercial Office in Indonesia and the Purchaser on the addresses stated in Clause 9 below.

9. In case the Bidder chooses to download the Bidding Documents from the semi e-procurement section of the Ministry of Public Works website and, prior to the download, the Bidder shall sent to the Purchaser to this email ([email protected]) a scan copy of the original letter of registration and a scan copy of the original Letter of Appointment. After following this step, the download can be completed from the website. Original of the Letter of Registration and copy of the Letter of Appointment shall be sent by the Bidder to the Purchaser and copy of the Letter of Registration and copy of the Letter of Appointment shall be sent by the Bidder the Head of the Spanish Economic and Commercial Office in Indonesia on the addresses stated in Clause 9 below.

Address for Registration and Acquisition of the Bidding Documents in Indonesia: Kelompok Kerja (POKJA) Pengadaan Barang Prefabricated Steel Truss Bridge Material (Spanish Loan) Jl. Sapta Taruna Raya No. 21 Komplek PU, Pasar Jumat Jakarta Selatan 12310, INDONESIA Tel: (62-21) 7506548 EXT 113 Fax: (62-21) 7506558 From 9:00 am to 15:00 pm WIB (Western Indonesian Time) Address for Registration and Acquirement of the Bidding Documents in Spain: Secretaría de Estado de Comercio Exterior Subdirección General Política Comercial con Europa, Asia y Oceanía Pº de la Castellana, 162 – 28016 Madrid – España From 9:00am to 15:00pm (Spanish time)

10. A Prebid Clarification Meeting with the attendance of a representative of the Spanish Economic and Commercial Office in Indonesia will be held on 28 February 2012 at the address of clause 12 below. At this meeting, the Purchaser shall announce the list of the companies which have collected the Bidding Documents. Only these Companies shall be invited to the Pre-bid Clarification Meeting. The Purchaser shall prepare minutes of the Pre-bid Clarification Meeting to be sent to all the announced companies.

11. Bids will be delivered in an outer single envelope containing two sealed envelopes simultaneously, one

containing the Technical Proposal and the other with the Price Proposal only, to the address of clause 10 above on or before 10:00 am WIB (Western Indonesian Time) on 29 March 2012 All Bids must be accompanied by a “Bid Security” of EUR 500,000.00 (five hundred thousand euros). Late Bids will be rejected.

12. Technical Proposals will be opened in the presence of the Bidder’s representatives who choose to attend in

person and a representative of the Spanish Economic and Commercial Office in Indonesia at the address below on 29 March 2012 at 10:15 am (Western Indonesian time). Kelompok Kerja (POKJA) Pengadaan Barang Prefabricated Steel Truss Bridge Material (Spanish Loan) Jl. Sapta Taruna Raya No. 21 Komplek PU, Pasar Jumat Jakarta Selatan 12310, INDONESIA Tel: (62-21) 7506548 EXT 113 Fax: (62-21) 7506558

13. Price Proposals will remain unopened and will be held in the custody of the Purchaser, except for the provisions in clause 14 below, until the time of opening of the Price Proposals. The time and date of the opening of the Price Proposals will be advised by the Purchaser. A representative of the Spanish Economic and Commercial Office in Indonesia will attend the Price Proposal opening.

14. An unopened copy of the Bid, in an outer sealed envelope, with one printed copy and a digital copy of each

of the submitted Bids shall be given to the representative of the Spanish Economic and Commercial Office in Indonesia, for its custody, at the time of the opening of the Technical Proposal.

REPUBLIC OF INDONESIA MINISTRY OF PUBLIC WORKS

DIRECTORATE GENERAL OF HIGHWAYS



SPANISH LOAN

SECTION I

INSTRUCTIONS TO BIDDERS

IFB Nº: KU 03 03 – Bv /640

12 January 2012

Section I. Instructions to Bidders i

TABLE OF CLAUSES SECTION I. INSTRUCTIONS TO BIDDERS

Page

TABLE OF CLAUSES

SECTION I .......................................................................................................................................................... i

INSTRUCTIONS TO BIDDERS........................................................................................................................... i

A. General .............................................................................................................................................. 1 1. Scope of Bid.................................................................................................................................... 1

2. Source of Funds............................................................................................................................... 2

3. Bidding Process Schedule .............................................................................................................. 2

4. Fraud and Corruption ...................................................................................................................... 3

5. Eligible Bidders............................................................................................................................... 4

6. Eligible Goods and Services ........................................................................................................... 6

B. Contents of Bidding Documents ............................................................................................................... 7 7. Sections of Bidding Documents ...................................................................................................... 7

8. Clarification of Bidding Documents and Pre-bid Clarification Meeting......................................... 8

9. Amendment of Bidding Documents................................................................................................ 9

C. Preparation of Bids .................................................................................................................................. 10 10. Cost of Bidding ............................................................................................................................. 10

11. Language of Bid............................................................................................................................ 10

12. Documents Comprising the Bid .................................................................................................... 10

13. Bid Submission Forms and Price Schedules ................................................................................. 11

14. Alternative Bids ............................................................................................................................ 11

15. Bid Prices ...................................................................................................................................... 11

16. Currency of Bids ........................................................................................................................... 12

17. Documents Establishing the Eligibility of the Bidder ................................................................... 13

18. Documents Establishing the Eligibility of the Goods and Services .............................................. 13

19. Documents Establishing the Conformity of the Goods and Services............................................ 13

20. Documents Establishing the Qualifications of the Bidder............................................................. 14

21. Period of Validity of Bids ............................................................................................................. 15

22. Bid Security................................................................................................................................... 15

23. Format and Signing of Bids .......................................................................................................... 17

D. Submission and Opening of Bids............................................................................................................ 17 24. Submission, Sealing and Marking of Bids .................................................................................... 17

25. Deadline for Submission of Bids .................................................................................................. 18

26. Late Bids ....................................................................................................................................... 18

27. Withdrawal, Substitution, and Modification of Bids..................................................................... 19

28. Bid Opening .................................................................................................................................. 19

E. Evaluation and Comparison of Bids........................................................................................................ 22

Section I. Instructions to Bidders ii

29. Confidentiality............................................................................................................................... 22

30. Clarification of Bids ...................................................................................................................... 22

31. Responsiveness of Technical Proposal.......................................................................................... 23

32. Non Conformities, Errors, and Omissions .................................................................................... 23

33. Preliminary Examination of Bids .................................................................................................. 24

34. Examination of Terms and Conditions; Technical Evaluation...................................................... 25

35. Evaluation of Bids......................................................................................................................... 25

36. Comparison of Bids....................................................................................................................... 26

37. Post Qualification of the Bidder.................................................................................................... 27

38. Purchaser’s Right to Accept Any Bid and to Reject Any or all Bids ............................................ 27

F. Award of Contract.................................................................................................................................... 28 39. Award Criteria............................................................................................................................... 28

40. Purchaser’s Right to Vary Quantities at Time of Award............................................................... 28

41. Right of Bidders to Claim the Award Notice ................................................................................ 28

42. Notification of Award ................................................................................................................... 29

43. Signing of Contract ....................................................................................................................... 30

44. Performance Security .................................................................................................................... 30

Section I. Instructions to Bidders 1

Section I. Instructions to Bidders

A. General 1. Scope of Bid

1.1. The Purchaser indicated in the Bidding Data Sheet (BDS), issues these Bidding Documents for the supply of Goods and Services incidental thereto as specified in Section VI, Schedule of Requirements. The name and identification number of this Procurement Process are specified in the BDS.

1.2. Throughout these Bidding Documents:

(a) the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax, telex) with proof of receipt;

(b) if the context so requires, “singular” means “plural” and vice versa; and

(c) “day” means calendar day. (d) “month” means calendar month.

1.3. The Procurement shall follow the guidelines stated in the Bilateral Financial Cooperation Program of April 2004 and its respective Addenda, executed in 2005 and 2011, between the Government of Indonesia (GOI) and the Government of Spain (GOS) as well as other prevailing regulations agreed by both Governments. The Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS, in its capacity as responsible entity for managing the Fund for the Internationalization of the Spanish Company (FIEM), will ensure the implementation of the principles of transparency and fair competition in this Bidding Process.

1.4. These Bidding Documents have been prepared by the

Directorate General of Highways, Ministry of Public Works of the Republic of Indonesia, and are based on the Standard Bidding Documents for the Procurement of Goods issued by the Asian Development Bank and the World Bank, and have been reviewed and accepted by the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS.

These Bidding Documents reflect the structure and the provisions of the Procurement Documents for the Procurement of Goods of the Asian Development Bank and the World Bank, except where specific considerations have required adapting these Bidding Documents to the requirements of the project. The Directorate General of Highways, Ministry of Public Works has adopted a Limited Competitive Bidding Procedure among Spanish companies following a Single-Stage: Two-Envelope Bidding Procedure.


2. Source of

Funds 2.1. The Borrower or Recipient (hereinafter called “Borrower”)

specified in the BDS has applied for or received financing (hereinafter called “funds”) from the (indicated in the BDS hereinafter called “the Lenders”) in the Euro amount indicated in the BDS toward the cost of the project named in the BDS. The Borrower intends to apply the funds to eligible payments under the contract for which these Bidding Documents are issued.

2.2. Payments by the Lenders will be made only at the request of the

Borrower and upon approval by the Lenders in accordance with the terms and conditions of the financing agreements between the Borrower and the Lenders (hereinafter called the Loan Agreements), and will be subject in all respects to the terms and conditions of those Loan Agreements. The Loan Agreements prohibit a withdrawal from the loan account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the Lenders, is prohibited by decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. No party other than the Borrower shall derive any rights from the Loan Agreements or have any claim to the funds.

2.3. The total allocated budget available for this Bidding Process is

the total lump sum amount indicated in the BDS.

3. Bidding

Process Schedule

DATE Invitation for Bids 12 January 2012

Deadline for Acquisition of the Bidding Documents (if any)

13 February 2012

(at least 25 days after the publication of the Invitation for Bids)

Deadline for Submission of Bids

29 March 2012

(at least 45 days after the Deadline for Acquisition of the Bidding Documents)


DATE

Deadline for request for clarifications from the Purchaser

1 March 2012

(28 days before the Deadline for Submissions of Bids)

Deadline for the Purchaser to issue answers and clarifications

8 March 2012


Pre-bid Clarification Meeting

28 February 2012


Bid Opening Session 29 March 2012

(at least 45 days after the Deadline for Acquisition of the Bidding Documents)

4. Fraud and Corruption

4.1. The Lenders require that Borrowers (including beneficiaries of loans), as well as bidders, suppliers, contractors, and consultants under Lenders-financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuit of this policy, the Lenders:

(a) define, for the purposes of this provision, the terms set forth below as follows: (i) “corrupt practice” means the offering, giving,

receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the procurement process or in contract execution;

(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract;

(iii) “collusive practice” means a scheme or arrangement between two or more bidders, with or without the knowledge of the Borrower, designed to establish bid prices at artificial, noncompetitive levels; and

(iv) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or affect the execution of a contract;


(b) will reject a proposal for award if they determine that the Bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for the Contract in question;

(c) will cancel the portion of the loan allocated to a contract if they determine at any time that representatives of the Borrower or of a beneficiary of the loan engaged in corrupt, fraudulent, collusive or coercive practices during the procurement or the execution of that contract, without the Borrower having taken timely and appropriate action satisfactory to the Lenders to remedy the situation;

(d) will sanction a firm or individual, including declaring them ineligible, either indefinitely or for a stated period of time, to be awarded a Lenders-financed contract if it at any time they determine that they have, directly or through an agent, engaged, in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a Lenders-financed contract; and

(e) will have the right to require that a provision be included in Bidding Documents and in contracts financed by Lenders, requiring bidders, suppliers, contractors and consultants to permit the Lenders (or their assigned representatives) to inspect their accounts and records and other documents relating to the Bid Submission and contract performance and to have them audited by auditors appointed by the Lenders.

(f) will have the right to cancel the Bidding Process if any of the practices described in this Clause 4 are discovered or if there have been irregularities in the Bidding Process, in particular where these have prevented fair competition at any stage of the Award Process, and if the Purchaser fails to take all appropriate measures to remedy the situation.

4.2. Furthermore, Bidders shall be aware of the provision stated in

Sub-Clause 35.1 (c) of the General Conditions of Contract (GCC).

5. Eligible

Bidders 5.1. This Bidding Process is open only to Spanish companies:

(a) Legally registered in Spain and incorporated and operating in conformity with the provisions of the Spanish laws.

(b) Joint Ventures (JV) or Consortia formed fully by Spanish companies legally registered in Spain:


(i) all parties to the JV or Consortium shall be jointly and severally liable; and

(ii) JVs and Consortia shall nominate a representative who shall have the authority to conduct all businesses for and on behalf of any and all the parties of the JV and or Consortium during the Bidding Process and, in the event the JV and or Consortium is awarded the Contract, during contract execution;

(iii) if the Bidder is in the form of JV or Consortium, any resources of the parties under the JV or Consortium shall be mutually bound as a one entity resources.

5.2. A Bidder shall not have a conflict of interest. All Bidders found

to have conflict of interest shall be disqualified. Bidders may be considered to have a conflict of interest with one or more parties in this Bidding Process, if they:

(a) are or have been associated in the past, with a firm or any of its affiliates which have been engaged by the Purchaser to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods to be purchased under these Bidding Documents; or

(b) submit more than one Bid in this Bidding Process,

(c) participate in more than one Bid as Bidder or as partner in a JV or as member of a Consortium or as subcontractor to other Bidders.

(d) have the same legal representative as other Bidders for purposes of this Bid.

(e) have controlling shareholders in common with other Bidders.

5.3. A Bidder that is under a declaration of ineligibility by the Lenders in accordance with ITB Clause 4, at the date of submission or thereafter, shall be disqualified. The list of debarred firms is specified in the BDS.

5.4. Bidders shall provide evidence of their eligibility satisfactory to

the Purchaser, in accordance with ITB Clause 17 of the ITB.


6. Eligible Goods and Services

6.1. Goods and Services to be supplied under the Contract shall have their origin in any country, subject to the restrictions specified in Section V, Eligible Countries. At the Purchaser’s request, Bidders may be required to provide evidence of the origin of Goods and Services.

6.2. All Goods and Services to be supplied under the Contract and

financed by the GOS shall comply with the provisions set forth by the Fund for the Internationalization of the Spanish Company (FIEM) and the OECD Agreement on Officially Supported Export Contracts.

6.3. For purposes of this Clause, the term “Goods” includes:

(a) Prefabricated Steel Truss Bridges, Reserve Components and Link Sets as specified in Section X, Technical Specification, and delivered at the Point of Delivery as per the conditions set up in the Contract and the Technical Specifications; and

(b) The Warranty.

6.4. The term “Services” includes:

(a) Engineering design and drawings as specified in Section X, Technical Specification Sub-Clause 2.16.

(b) Detailed Manuals for each appropriate unit of the supplied Goods, as specified in Section X, Technical Specification, Sub-Clause 5.01.

(c) Technical support as specified in Section X, Technical Specification, Sub-Clause 5.02.

6.5. For purposes of ITB Sub-clause 6.1 above, the origin of the

Goods must be determined according to the Community Customs Code (Council Regulation (EEC) No 2913/92) and its implementation Regulation (Commission Regulation (EEC) No 2454/93).

6.6. For purposes of ITB Sub-Clause 6.1 above, the origin of the

Services will be determined according to the nationality of the entity providing the Services.

6.7. When submitting this Bid, the Bidder must state expressly, in

writing, that all the Goods and Services meet the requirements concerning origin using the forms furnished in Section IV Bidding Forms, and must state the respective ultimate countries of origin. He may be asked to provide additional information to prove the origin of the Goods and Services.


6.8. The awarded Bidder shall present with regard to the origin of the Goods an official certificate of origin issued by a Spanish Chamber of Commerce at the shipment stage. Failure to comply with this obligation may lead, after formal notice, to termination of the Contract.

B. Contents of Bidding Documents

7. Sections of Bidding Documents

7.1. The Bidding Documents include all the Sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB Clause 9.

PART 1. BIDDING PROCESS

• Section I. Instructions to Bidders (ITB) • Section II. Bidding Data Sheet (BDS) • Section III. Evaluation and Qualification Criteria • Section IV. Bidding Forms • Section V. Eligible Countries PART 2. SUPPLY REQUIREMENTS • Section VI. Schedule of Requirements

PART 3. CONTRACT • Section VII. General Conditions of Contract (GCC) • Section VIII. Special Conditions of Contract (SCC) • Section IX. Contract Forms • Section X. Technical Specifications

7.2. The Invitation for Bids issued by the Purchaser is not part of the Bidding Documents.

7.3. The Purchaser is not responsible for the completeness of the

Bidding Documents and their Addenda, if they were not obtained directly from the Purchaser or the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS.

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

and specifications in the Bidding Documents. Failure to furnish all information or documentation required by the Bidding Documents may result in the rejection of the Bid.


8. Clarification of

Bidding Documents and Pre-bid Clarification Meeting

8.1. A registered Bidder requiring any clarification of the Bidding Documents shall contact the Purchaser in writing at the Purchaser’s address specified in the BDS. The Purchaser will respond in writing to any request for clarification, provided that such request is received no later than twenty-eight (28) days prior to the Deadline for Submission of Bids. All requests for clarification shall be answered by the Purchaser not later than 21 (twenty one) days prior to the Deadline for Submission of Bids. The Purchaser shall forward copies of its response to all those who have acquired the Bidding Documents directly from the Purchaser or from the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS and to the Spanish Economic and Commercial Office in Indonesia, including a description of the inquiry but without identifying its source. Should the Purchaser deem it necessary to amend the Bidding Documents as a result of a clarification, it shall do so following the procedure under ITB Clause 9.

8.2. The Purchaser shall hold a Pre-bid Clarification Meeting on the date and address specified in the BDS. In this meeting, the Purchaser will announce the list of the companies which have collected the Bidding Documents. The Pre-bid Clarification Meeting will also serve to answer any questions on the Bidding Documents that may have been sent in writing or are asked during the meeting.

8.3. The Purchaser shall draft minutes of the Pre-bid Clarification

Meeting which shall be sent to all the registered Bidders and to the Spanish State Secretariat for Foreign Trade through the Spanish Economic and Commercial Office in Indonesia.

8.4. If as a result of the Pre-bid Clarification Meeting, the Purchaser

considers necessary to amend the Bidding Documents, the procedure outlined on ITB Clause 9 of these Instructions to Bidders shall be followed.

8.5. The failure of attendance to the Pre-bid Clarification Meeting

shall not be considered in any case as a valid reason for the Bidders to justify omissions or defects in the Bid.


8.6. Visits by individual prospective Bidders during the Bid period other than the Pre-bid Clarification Meeting cannot be permitted. Any prospective Bidders seeking to arrange individual meetings with the Purchaser during the Bid period may be excluded from the Bid Process.

9. Amendment of

Bidding Documents

9.1. Up to 21 (twenty one) days prior to the Deadline for Submission of Bids, the Purchaser may amend the Bidding Documents by issuing an Addendum. Later amendments on the same subject modify or replace early ones.

9.2. Any Addendum issued shall be part of the Bidding Documents

and shall be communicated in writing to all who have obtained the Bidding Documents directly from the Purchaser or the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS. Any Addendum shall be binding to Bidders. It will be assumed that the amendments contained in the Addendum will have been taken into account by the Bidder in its Bid.

9.3. To give registered Bidders reasonable time to take an

Addendum into account in preparing their Bids, the Purchaser may, at its discretion and in agreement with the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS, extend the Deadline for the Submission of Bids, pursuant to ITB Sub-Clause 25.2.

9.4. Any Addendum to be issued by the Purchaser shall be

immediately sent to the Spanish Economic and Commercial Office in Indonesia to be approved by the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS. Such approval shall be formalized through a No Objection Letter (NOL). In the case that GOS does not issue the NOL but a letter with remarks to the proposed Addendum, the Purchaser shall with no delay answer such remarks and further letters, as required, shall be exchanged between GOS and the Purchaser until the NOL is issued and therefore the Addendum is approved. Only after the issuance of NOL by GOS can the Addendum be distributed to all Bidders pursuant to ITB Sub-Clause 9.1.


C. Preparation of Bids

10. Cost of Bidding 10.1. The Bidder shall bear all costs associated with the preparation

and submission of its Bid, and the Purchaser shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding Process.

11. Language of

Bid 11.1. The Bid, as well as all correspondence and documents relating

to the Bid exchanged by the Bidder and the Purchaser, shall be written in the language specified in the BDS. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages into the language specified in the BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern.

12. Documents

Comprising the Bid

12.1. The Bid shall comprise two envelopes submitted simultaneously, one containing the Technical Proposal and the other envelope with only the Price Proposal, enclosed together in an outer single envelope bearing the name and identification number of the Bid.

12.2. Initially, only the Technical Proposals are opened at the address,

date and time specified in ITB Sub-Clause 28.1 in the presence of a representative of the Spanish Economic and Commercial Office in Indonesia. The Price Proposals remain sealed and are held in custody by the Purchaser. The Technical Proposals are evaluated by the Purchaser. No amendments or changes to the Technical Proposals are permitted according with ITB Clause 30. Bids with Technical Proposals which do not conform to the specified requirements may be rejected as deficient Bids.

One printed copy and one digital copy of the Bid, each comprising two envelopes, one containing the Technical Proposal and one, which will remain sealed, with only the Price Proposal, shall be given to a representative of the Spanish Economic and Commercial Office in Indonesia for its custody, at the time of the opening of the Technical Proposal.


12.3. Price Proposals of technically compliant Bids are opened in public at a date and time advised by the Purchaser. The Price Proposals are evaluated and the Contract is awarded to the Bidder whose Bid results the Highest Scored Substantially Responsive Bid.

12.4. The Technical Proposal envelope shall contain the documents

detailed in Section III. Evaluation and Qualification Criteria, Stage 1, point 1.1 to 1.11

12.5. The Price Proposal envelope shall contain the Price Proposal

Submission and the applicable Price Schedules, in accordance with ITB Clauses 13, 15, and 16.

13. Bid Submission

Forms and Price Schedules

13.1. The Bidder shall submit the Technical Proposal and the Price Proposal using the appropriate Submission Forms furnished in Section IV, Bidding Forms. These forms must be completed without any alterations to their format, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested.

13.2. The Bidder shall submit, as part of the Price Proposal, the Price

Schedules for Goods and Services, according to their origin as appropriate, using the forms furnished in Section IV, Bidding Forms.

14. Alternative

Bids 14.1. Unless otherwise specified in the BDS, alternative Bids shall

not be considered. 15. Bid Prices

15.1. The prices quoted by the Bidder in the Price Proposal Submission and in the Price Schedules shall conform to the requirements specified below.

15.2. All lots and items must be listed and priced separately in the

Price Schedules. If a Price Schedule shows items listed but not priced, their prices shall be assumed to be included in the prices of other items.

15.3. The price to be quoted in the Price Proposal Submission Form

shall be the total price of the Bid.


15.4. The terms EXW, CIP, DDU and other similar terms shall be governed by the rules prescribed in the 2000 edition of Incoterms, published by the International Chamber of Commerce, as specified in the BDS.

15.5. Prices shall be entered in the following manner, if so required

in the BDS:

(a) For Goods manufactured in the Purchaser’s Country: (i) the price of the Goods quoted EXW (ex works, ex

factory, ex warehouse, ex showroom, or off-the-shelf, as applicable) excluding all customs duties and sales and other taxes payable on the components and raw material used in the manufacture or assembly of the Goods; and

(ii) the price for inland transportation, insurance, and other local services required to convey the Goods to their Final Destination specified in the BDS.

(b) For Goods manufactured outside the Purchaser’s Country, to be imported: (i) the price of the Goods, quoted DDU Final

Destination specified in the BDS.;

(c) For Services: (i) the price of each item comprising the Services

(excluded of any applicable taxes in Indonesia).

15.6. Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the Contract and not subject to variation on any account, unless otherwise specified in the BDS. A Bid submitted with an adjustable price quotation shall be treated as non responsive and shall be rejected, pursuant to ITB Clause 31. However, if in accordance with the BDS, prices quoted by the Bidder shall be subject to adjustment during the performance of the Contract, a bid submitted with a fixed price quotation shall not be rejected, but the price adjustment shall be treated as zero.

15.7. If so indicated in ITB Sub-Clause 1.1, bids are being invited for

individual contracts (lots) or for any combination of contracts (packages). Unless otherwise indicated in the BDS, prices quoted shall correspond to 100 % of the items specified for each lot and to 100% of the quantities specified for each item of a lot.

16. Currency of

Bids 16.1. Prices shall be quoted in EUROS.


17. Documents Establishing the Eligibility of the Bidder

17.1. To establish their eligibility in accordance with ITB Clause 5, Bidders shall submit the documents established in Section III. Evaluation and Qualification Criteria, Stage 1, point 1.7.

17.2. Bids will be rejected if the facts as to their eligibility, registration, legal status and other requirements as stated in the ITB Sub-Clause 17.1 indicate that the Bidder is not eligible to perform the Contract.

17.3. In case of a Bid submitted by a Joint Venture or a Consortium of

two or more firms, the Bid shall include all the information required in this ITB Sub-Clause 17.1 for each Joint Venture partner or Consortium member.

18. Documents

Establishing the Eligibility of the Goods and Services

18.1. To establish the eligibility of the Goods and Services in accordance with ITB Clause 6, Bidders shall complete the country of origin declarations in the Price Schedule Forms, included in Section IV, Bidding Forms.

19. Documents

Establishing the Conformity of the Goods and Services

19.1. To establish the conformity of the Goods and Services to the Bidding Documents, the Bidder shall furnish as part of its Technical Proposal the documentary evidence that the Goods conform to the technical specifications and standards specified in Section X, Technical Specifications According to the documents established Section III, Evaluation and Qualification Criteria, Stage 1, point 1.8.

19.2. The documentary evidence may be in the form of literature,

drawings or data, and shall consist of a detailed item by item description of the essential technical and performance characteristics of the Goods and Services, demonstrating substantial responsiveness of the Goods and Services to the technical specification, and if applicable, a statement of deviations and exceptions to the provisions of the Technical Specifications.


19.3. The Bidder shall also furnish a list giving full particulars, including available sources and current prices of spare parts, special tools, etc., if so required in the BDS necessary for the proper and continuing functioning of the Goods during the period specified in the BDS following commencement of the use of the Goods by the Purchaser.

19.4. Standards for workmanship, process, material, and equipment,

as well as references to brand names or catalogue numbers specified by the Purchaser in the Schedule of Requirements, are intended to be descriptive only and not restrictive. The Bidder may offer other standards of quality, brand names, and/or catalogue numbers, provided that it demonstrates, to the Purchaser’s satisfaction, that the substitutions ensure substantial equivalence or are superior to those specified in the Technical Specifications.

20. Documents

Establishing the Qualifications of the Bidder

20.1. The documentary evidence of the Bidder’s qualifications to perform the contract if its Bid is accepted shall establish to the Purchaser’s satisfaction:

(a) that the Bidder has the financial and technical (i.e., procurement, supply, shipping, installation and other) capability necessary to perform the Contract and others requirements specified in the BDS, as well as in Section III. Evaluation and Qualification Criteria, Stage 1, point 1.9.

(b) that the Bidder has the experience on implementation of international projects with the experience record in the supply and/or construction of steel bridges.

(c) that, if required in the BDS, as well as in Section III. Evaluation and Qualification Criteria, Stage 1, point 1.9, the Bidder has or will install (if awarded the contract) a fully equipped Project Management Office in Jakarta during the contract implementation period able to carry out the obligations prescribed in the Form of Contract, and/or Technical Specifications.

20.2. Bidders shall properly demonstrate their ability to perform the

specified works. Such evidence shall be submitted with the Technical Proposal of the Bid and it shall include the documents established in Section III. Evaluation and Qualification Criteria, Stage 1, point 1.10.


20.3. Bids will be rejected if the information regarding the Bidder’s business, technical, organization, financial capability and other resources as stated in this clause indicate that the Bidder does not have the required qualifications or capacity to satisfactorily perform the Contract.

21. Period of

Validity of Bids 21.1. Bids shall remain valid for the period specified in the BDS after

the Deadline for the Submission of Bids date prescribed by the Purchaser. A Bid valid for a shorter period shall be rejected by the Purchaser as non responsive.

21.2. In exceptional circumstances, prior to the expiration of the Bid

validity period, the Purchaser may request Bidders to extend the period of validity of their Bids. The request and the responses shall be made in writing. If a Bid Security is requested in accordance with ITB Clause 22, it shall also be extended for a corresponding period. A Bidder may refuse the request without forfeiting its Bid Security.

21.3. Any extension of the period of validity of the Bids shall be

previously approved by the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS.

22. Bid Security

22.1. The Bidder shall furnish as part of its Bid, a Bid Security, if

required, as specified in the BDS.

22.2. The Bid Security shall be in the amount and currency specified in the BDS and shall:

(a) at the Bidder’s option, be in the form a bank guarantee from a banking institution;

(b) be issued by a first-class bank selected by the Bidder and counter guaranteed by a bank located in Indonesia.

(c) be substantially in accordance with the form of Bid Security included in Section IV, Bidding Forms, or other form approved by the Purchaser prior to Bid Submission;

(d) be payable promptly upon written demand by the Purchaser in case the conditions listed in ITB Clause 22.5 are invoked;

(e) be submitted in its original form; copies will not be accepted;


(f) remain valid for a period of thirty (30) days beyond the validity period of the Bids, as extended, if applicable, in accordance with ITB Clause 21.2; in the case of unsuccessful Bidders; and

(g) in the case the Bidder results to be the successful Bidder in accordance with ITB Clause 39.1, the Bid Security will remain in force from the date of issuance until the earliest of the following:

a. the moment in which the successful Bidder presents the Performance Security;

b. the expiration of the 3 year deadline established in Section IX. Contract Form. Clause 8.

22.3. If a Bid Security is required in accordance with ITB Sub-Clause

22.1, any bid not accompanied by a substantially responsive Bid Security in accordance with ITB Sub-Clause 22.2, shall be rejected by the Purchaser as non-responsive.

22.4. The Bid Security of unsuccessful Bidders shall be returned as

promptly as possible upon the signature of the Contract between the Purchaser and the successful pursuant to ITB Clause 42.

22.5. The Bid Security may be forfeited :

(a) if a Bidder withdraws its Bid during the period of Bid validity specified by the Bidder on the Technical Proposal Submission Form, except as provided in ITB Sub-Clause 21.1; or

(b) if the successful Bidder fails to: (i) sign the Contract in accordance with ITB Clause

43; (ii) furnish a Performance Security in accordance with

ITB Clause 44.

22.6. The Bid Security of a Joint Venture (JV) or Consortium must be in the name of the JV or Consortium that submits the Bid. If the JV or Consortium has not been legally constituted at the time of Bidding, the Bid Security shall be in the names of all future partners or members as named in the Letter of Intent mentioned in Section III, Evaluation and Qualification Criteria, Stage 1, point 1.11.6


23. Format and Signing of Bids

23.1. Bidder shall prepare one original of the Technical Proposal and one original of the Price Proposal as described in ITB Clause 12 and clearly mark each “ORIGINAL - TECHNICAL PROPOSAL” and “ORIGINAL - PRICE PROPOSAL”. In addition, the Bidder shall submit copies of the Technical Proposal and the Price Proposal, in the number specified in the BDS and clearly mark them “COPY NO… - TECHNICAL PROPOSAL” and “COPY NO…. - PRICE PROPOSAL”. The copies shall include two digital copies of each of the Technical Proposal and the Price Proposal. In the event of any discrepancy between the original and the copies, the original shall prevail. In the event of any discrepancy between the printed copy and digital copy, the printed copy shall prevail.

23.2. The original and all printed copies of the Bid shall be typed or written in indelible ink and shall be signed by a person duly authorized (by written power of attorney) to sign on behalf of the Bidder. The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the Bid, except for unnamed printed literature, shall be signed or initialized by the person signing the Bid.

23.3. Any interlineations, erasures, or overwriting shall be valid only

if they are signed or initialed by the person signing the Bid.

D. Submission and Opening of Bids

24. Submission, Sealing and Marking of Bids

24.1. Bidders may always submit their bids by mail or by hand. Bidders shall enclose the original of the Technical Proposal, the original of the Price Proposal, and each copy of the Technical Proposal and each copy of the Price Proposal, including alternative bids, if permitted in accordance with ITB Clause 13, in separate sealed envelopes, duly marking the envelopes as “ORIGINAL - TECHNICAL PROPOSAL”, “ORIGINAL - PRICE PROPOSAL” and “COPY NO… - TECHNICAL PROPOSAL” and “COPY NO…. - PRICE PROPOSAL”, as appropriate. These envelopes containing the original and the copies shall then be enclosed in one single envelope.

24.2. The inner and outer envelopes shall:

(a) bear the name and address of the Bidder;


(b) be addressed to the Purchaser in accordance with ITB Sub-Clause 25.1; and

(c) bear the specific identification of this Bidding Process indicated in ITB 1.1 and any additional identification marks as specified in the BDS.

24.3. The outer envelopes and the inner envelopes containing the

Technical Proposals shall bear a warning not to open before the time and date for the opening of Technical Proposals, in accordance with ITB Sub-Clause 28.1.

24.4. The inner envelopes containing the Price Proposals shall bear a

warning not to open until advised by the Purchaser in accordance with ITB Sub-Clause 28.2.

24.5. If all envelopes are not sealed and marked as required, the

Purchaser will assume no responsibility for the misplacement or premature opening of the Bid.

24.6. An unopened sealed envelope with one printed and one digital

copy of the Bid, each comprising two envelopes, one containing the Technical Proposal and the other with only the Price Proposal, both will remain unopened, shall be provided to a representative of the Spanish Economic and Commercial Office in Indonesia for its custody, at the time of the opening of the Technical Proposal, and the Price Proposal sealed envelopes will remain unopened.

25. Deadline for Submission of Bids

25.1. Bids must be received by the Purchaser at the address and not later than the date and time specified in the BDS. The Purchaser shall issue a receipt for each submitted Bid.

25.2. The Purchaser may, in agreement with the Spanish State

Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS, extend the Deadline for the Submission of Bids by amending the Bidding Documents in accordance with ITB Clause 9, in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

26. Late Bids

26.1. The Purchaser shall not consider any Bid that arrives after the Deadline for Submission of Bids, in accordance with ITB Clause 25. Any Bid received by the Purchaser after the Deadline for Submission of Bids shall be declared late, rejected, and returned


unopened to the Bidder. 27. Withdrawal,

Substitution, and Modification of Bids

27.1. A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a written notice in accordance with ITB Clause 24,duly signed by an authorized representative and shall include an original copy or a duly notarized copy of the power of a attorney of the authorization (written power of attorney), in accordance with ITB Sub-Clause 23.2, (except that no copies of the withdrawal notice are required). The corresponding substitution or modification of the Bid must accompany the respective written notice. All notices must be:

(a) submitted in accordance with ITB Clauses 23 and 24

(except that withdrawal notices do not require copies), and in addition, the respective envelopes shall be clearly marked “WITHDRAWAL,” “SUBSTITUTION,” or “MODIFICATION;” and

(b) received by the Purchaser prior to the deadline prescribed for Submission of Bids, in accordance with ITB Clause 25.

27.2. Bids requested to be withdrawn in accordance with ITB Sub-Clause 27.1 shall be returned unopened to the Bidders.

27.3. No Bid may be withdrawn, substituted, or modified after the

Deadline for Submission of Bids. 28. Bid Opening

28.1. The Purchaser shall conduct the opening of Technical Proposals, including withdrawals, in public, in the presence of Bidders’ representatives who choose to attend and a representative of the Spanish Economic and Commercial Office in Indonesia, at the address, date and time specified in the BDS.

Bidders’ representatives shall sign a register proof of their attendance. An unopened sealed envelope with one printed copy and one digital copy of the Bid, each containing the Technical Proposal and the Price Proposal, both will remain unopened, shall be given to the representative of the Spanish Economic and Commercial Office in Indonesia, at the time of the opening of the Technical Proposal, for its custody.


28.2. The Price Proposals will remain unopened and will be held in custody of the Purchaser and the representative of the Spanish Economic and Commercial Office in Indonesia, as specified in the BDS, until the time of opening of the Price Proposals. The date, time, and location of the opening of Price Proposals will be advised in writing by the Purchaser.

28.3. First, envelopes marked “WITHDRAWAL” shall be opened,

read out, and recorded, and the envelope containing the corresponding Bid shall not be opened, but returned to the Bidder. No Bid shall be withdrawn unless the corresponding Withdrawal Notice contains a valid authorization to request the withdrawal and is read out and recorded at bid opening.

28.4. Next, outer envelopes marked “SUBSTITUTION” shall be

opened. The inner envelopes containing the Substitution Technical Proposal and/or Substitution Price Proposal shall be exchanged for the corresponding envelopes being substituted, which are to be returned to the Bidder unopened. Only the Substitution Technical Proposal, if any, shall be opened, read out, and recorded. Substitution Price Proposals will remain unopened in accordance with ITB Sub-Clause 28.2. No envelope shall be substituted unless the corresponding Substitution Notice contains a valid authorization to request the substitution and is read out and recorded at Bid opening.

28.5. Next, outer envelopes marked “MODIFICATION” shall be

opened. No Technical Proposal and/or Price Proposal shall be modified unless the corresponding Modification Notice contains a valid authorization to request the modification and is read out and recorded at the opening of Technical Proposals. Only the Technical Proposals, both Original as well as Modification, are to be opened, read out, and recorded at the opening. Price Proposals, both Original as well as Modification, will remain unopened in accordance with ITB Sub-Clause 28.2.

28.6. All other envelopes holding the Technical Proposals shall be

opened one at a time, and the following read out and recorded :

(a) the name of the Bidder; (b) whether there is a modification or substitution; (c) the presence and amount of a Bid Security or Bid Securing

declaration, if required; (d) the presence or absence of requisite powers of attorney; (e) the presence of absence of all the documents comprising

the Technical Proposal; (f) any other details as the Purchaser may consider

appropriate.


Only Technical Proposals read out and recorded at bid opening shall be considered for evaluation. No Bid shall be rejected at the opening of Technical Proposals except for late bids, in accordance with ITB Sub-Clause 26.1.

28.7. The Purchaser shall prepare a record of the opening of Technical Proposals that shall include, as a minimum: the name of the Bidder and whether there is a withdrawal, substitution, modification, or alternative offer; and the presence or absence of a Bid Security, if one was required. The Bidders’ representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders and also to the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS.

28.8. At the end of the evaluation of the Technical Proposals, the

Purchaser will invite Bidders who have submitted substantially responsive Technical Proposals and who have been determined as being qualified for award, to attend the opening of the Price Proposals. The date, time, and location of the opening of Price Proposals will be advised in writing by the Purchaser. Bidders shall be given reasonable notice of the opening of Price Proposals.

28.9. Prior the opening of Price Proposal the Purchaser shall inform,

in writing, of the results of the evaluation of the Technical Proposals of the Bids to the Ministry of Industry, Tourism and Trade of the GOS, through Spanish State Secretariat for Foreign Trade of Spain for its approval.

28.10. The Purchaser will notify Bidders in writing who have been rejected on the grounds of being substantially non-responsive to the requirements of the Bidding Document and will keep their Price Proposals unopened until the procedure for claiming the Award Notice according to ITB 40 has been finally resolved.

28.11. The Purchaser shall conduct the opening of Price Proposals of

all Bidders who submitted substantially responsive Technical Proposals, in the presence of Bidders` representatives who choose to attend and a representative of the Spanish Economic and Commercial Office in Indonesia at the address, date and time specified by the Purchaser. The Bidder’s representatives who are present shall be requested to sign a register evidencing their attendance.

28.12. All envelopes containing Price Proposals shall be opened one at

a time and the following read out and recorded :


(a) the name of the Bidder (b) whether there is a modification or substitution; (c) the Bid Prices, and (d) any other details as the Purchaser may consider

appropriate.

Only Price Proposals read out and recorded during the opening of Price Proposals shall be considered for evaluation. No Bid shall be rejected at the opening of Price Proposals.

E. Evaluation and Comparison of Bids

29. Confidentiality 29.1. Information relating to the examination, evaluation, comparison,

and post qualification of Bids, and recommendation of contract award, shall not be disclosed to Bidders or any other persons not officially concerned with such process until publication of the Contract Award.

29.2. Any effort by a Bidder to influence the Purchaser in the

examination, evaluation, comparison, and post qualification of the Bids or contract award decisions may result in the rejection of its Bid.

29.3. In order to preserve the confidentiality and independence of the

evaluation process, no answer shall be given by the Purchaser to any communication sent by Bidders from the time of opening of the Technical Proposals until the issuance of Contract Award, except for exchange of letters related to clarifications or request for rectification of defaults that may be requested by the Purchaser, pursuant to ITB Clause 30.

30. Clarification of

Bids 30.1. To assist in the examination, evaluation, comparison and post-

qualification of the Bids, the Purchaser may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder in respect to its Bid and that is not in response to a request by the Purchaser shall not be considered. The Purchaser’s request for clarification and the response shall be in writing. No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Purchaser in the Evaluation of the Price Proposals, in accordance with ITB Clause 32.


30.2. A copy of all clarifications provided by any of the Bidders to the Purchaser shall be provided to the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS.

31. Responsiveness

of Technical Proposal

31.1. The Purchaser’s determination of a Bid’s responsiveness of a Technical Proposal is to be based on the contents of the Technical Proposal itself.

31.2. A substantially responsive Technical Proposal is one that

conforms to all the terms, conditions, and specifications of the Bidding Documents without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that:

(a) affects in any substantial way the scope, quality, or

performance of the Goods and Services specified in the Contract; or

(b) limits in any substantial way, inconsistent with the Bidding Documents, the Purchaser’s rights or the Bidder’s obligations under the Contract; or

(c) if rectified would unfairly affect the competitive position of other Bidders presenting substantially responsive Technical Proposals.

31.3. If a Technical Proposal is not substantially responsive to the

Bidding Documents, it shall be rejected by the Purchaser and may not subsequently be made responsive by the Bidder by correction of the material deviation, reservation, or omission.

32. Non Conformities, Errors, and Omissions

32.1. Provided that a Technical Proposal is substantially responsive, the Purchaser may waive any non-conformities or omissions in the Bid that do not constitute a material deviation.

32.2. Provided that a Technical Proposal is substantially responsive,

the Purchaser may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Technical Proposal related to documentation requirements. Such omission shall not be related to any aspect of the Price Proposal of the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid.


32.3. Provided that the Technical Proposal is substantially responsive,

the Purchaser shall correct arithmetical errors during evaluation of Price Proposals on the following basis:

(a) if there is a discrepancy between the unit price and the line

item total that is obtained by multiplying the unit price by the quantity, the unit price shall prevail and the line item total shall be corrected, unless in the opinion of the Purchaser there is an obvious misplacement of the decimal point in the unit price, in which case the line item total as quoted shall govern and the unit price shall be corrected;

(b) if there is an error in a total corresponding to the addition | or subtraction of subtotals, the subtotals shall prevail and | the total shall be corrected; and

(c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.

32.4. If the Bidder that resulted the Highest Scored Substantially

Responsive Bid does not accept the correction of errors, its Bid shall be disqualified and its Bid Security may be forfeited or its Bid-Securing Declaration executed.

33. Preliminary

Examination of Bids

33.1. The Purchaser shall examine the Technical Proposals to confirm that all the documentation requested in ITB Clauses 12.4, 17, 20.1 and 20.2 has been provided, and to determine the completeness of each document submitted.

33.2. The Purchaser shall confirm that the following documents and

information have been provided in the Technical Proposal. If any of these documents or information is missing, the offer shall be rejected. (a) Technical Proposal Submission, in accordance with ITB

Sub-Clause 13.1; and (b) Bid Security in accordance with ITB Clause 22, if

applicable.

33.3. Likewise, following the opening of Price Proposals, the Purchaser shall examine the Price Proposals to confirm that all documents requested in ITB Sub-Clause 12.5 have been provided, and to determine the completeness of each document submitted.


33.4. The Purchaser shall confirm that the following documents and information have been provided in the Price Proposal. If any of these documents or information is missing, the offer shall be rejected.

(a) Price Proposal Submission in accordance with ITB Sub-Clause 13.1; and

(b) Price Schedules, in accordance with ITB Clauses 13.2, 15, and 16.

34. Examination of

Terms and Conditions; Technical Evaluation

34.1. The Purchaser shall examine the Bids to confirm that all terms and conditions specified in the GCC and the SCC have been accepted by the Bidder without any material deviation or reservation.

34.2. The Purchaser shall evaluate the technical aspects of the Bid

submitted in accordance with ITB Clause 19, to confirm that all requirements specified in Section VI, Schedule of Requirements and Section X, Technical Specifications of the Bidding Documents have been met without any material deviation or reservation.

34.3. If, after the examination of the terms and conditions and the

technical evaluation, the Purchaser determines that the Technical Proposal is not substantially responsive in accordance with ITB Clause 31, it shall reject the Bid.

35. Evaluation of

Bids 35.1. The Purchaser shall evaluate Price Proposals of each Bid for

which the Technical Proposal has been determined to be substantially responsive.

35.2. To evaluate a Price Proposal, the Purchaser shall only use all the

criteria and methodologies defined in this Clause and in Section III, Evaluation and Qualification Criteria. No other criteria or methodology shall be permitted.

35.3. To evaluate a Price Proposal, the Purchaser shall consider the

following:

(a) the Bid Price; (b) price adjustment for correction of arithmetic errors in

accordance with ITB Sub-Clause 32.3;


(c) for the Price Proposal evaluation under the factors indicated in Section III, Evaluation and Qualification Criteria, the exchange rate to apply from Euros to Indonesia Rupiah will be fixed twenty eight (28) days before the Bid Submission;

(d) application of all the evaluation factors indicated in Section III, Evaluation and Qualification Criteria.

35.4. The Purchaser’s evaluation of a Bid will exclude and not take

into account: (a) in the case of Goods and Services offered from within the

Purchaser’s country, all sales tax and all other taxes, applicable in the Purchaser’s country and payable on the Goods if the Contract is awarded to the Bidder;

(b) in the case of Goods and Services offered from outside the Purchaser’s country, all customs duties, sales tax, and other taxes, applicable in the Purchaser’s country and payable on the Goods and Services if the Contract is awarded to the Bidder; and

(c) any allowance for price adjustment during the period of execution of the contract, if provided in the Bid.

35.5. The Spanish State Secretariat for Foreign Trade of the GOS,

through the Spanish Economic and Commercial Office in Indonesia, reserves the right to check the information submitted by the Bidders.

35.6. The Spanish State Secretariat for Foreign Trade of the

Government of Spain, through the Spanish Economic and Commercial Office in Indonesia, or its duly authorized representatives, reserves the right to attend the process of Bid evaluation by the Purchaser.

35.7. The Spanish State Secretariat for Foreign Trade of the Ministry

of Industry, Tourism and Trade of the GOS, through the Spanish Economic and Commercial Office in Indonesia, shall be duly and promptly informed of the results of the evaluation of the Bids by the Purchaser.

36. Comparison of Bids

36.1. The Purchaser shall compare all substantially responsive Bids to determine the Highest Scored Substantially Responsive Bid, according to the definition provided in BDS, in accordance with ITB Clause 35.


37. Post Qualification of the Bidder

37.1. The Purchaser shall determine to its satisfaction during the evaluation of the Technical Proposals whether Bidders are qualified to perform the Contract satisfactorily.

37.2. The determination shall be based upon an examination of the

documentary evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB Clause 20, to clarifications in accordance with ITB Clause 30, and/or the rectification of errors and defaults in accordance to ITB Clause 32, and the qualification criteria indicated in Section III, Evaluation and Qualification Criteria. Factors not included in Section III, Evaluation and Qualification Criteria, shall not be used in the evaluation of the Bidder’s qualification.

37.3. An affirmative determination shall be a prerequisite for the

opening and evaluation of a Bidder’s Price Proposal. A negative determination shall result in disqualification of the Bid, in which event the Purchaser shall return the unopened Price Proposal to the Bidder.

38. Purchaser’s

Right to Accept Any Bid and to Reject Any or all Bids

38.1. In the event of a Bid Process's cancellation, the Bidders will be notified by the Purchaser. If the Bid Process is cancelled before the outer envelope of any Bid has been opened, the sealed envelopes will be returned, unopened, to the Bidders.

38.2. Cancellation may occur where:

(a) the Bid process has been unsuccessful, namely where no

qualitatively or financially worthwhile tender has been received or there has been no response at all;

(b) the economic or technical parameters of the project have been fundamentally altered;

(c) exceptional circumstances or force majeure render normal performance of the project impossible;

(d) all technically compliant Bids exceed the financial resources available;

(e) there have been irregularities in the process, in particular where these have prevented fair competition.


38.3. In no circumstances will the Purchaser be liable for damages, whatever their nature (in particular damages for loss of profits) or relationship to the cancellation of a Bid, even if the Purchaser has been advised of the possibility of damages. The publication of a procurement notice does not commit the Purchaser to implement the program or project announced.

38.4. The cancellation of the Bid Process shall be previously approved

by the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS.

F. Award of Contract

39. Award Criteria 39.1. The Purchaser shall award the Contract to the Bidder whose Bid

resulted the Highest Scored Substantially Responsive Bid.

40. Purchaser’s

Right to Vary Quantities at Time of Award

40.1. At the time the Contract is awarded, the Purchaser reserves the right to increase or decrease the quantity of Goods and Related Services originally specified in Section VI, Schedule of Requirements, provided this does not exceed the percentages specified in the BDS, and without any change in the unit prices or other terms and conditions of the bid and the Bidding Documents.

41. Right of Bidders to Claim the Award Notice

41.1. Bidders feeling damaged individually or collectively with other participants can submit letter of denial to the Purchaser if any of the following cases is found: (a) deviation from the provisions and procedures already

stipulated in these Bidding Documents; (b) misuse of authority by the Bidding Committee or other

authorized officials; (c) collusive, corrupt, fraudulent and coercive practices

between Bidders; (d) collusive, corrupt, fraudulent and coercive practices

between Bidders and members of the Bidding Committee or other authorized officials.


41.2. Letters of denial from Bidders shall be sent to the Project Manager not later than 7 (seven) working days after the issuance of the Award Notice.

41.3. The Purchaser shall be obliged to give answer not later than 5

(five) working days as from the date of receipt of the letter of denial.

41.4. If Bidders feel unsatisfactory at the answer of the Purchaser, an

appeal to the letter of denial can be submitted.

41.5. The appeal to letter of denial shall be submitted to the Chairman Committee of the Bidding Process not later than 5 (five) working days as from the date of receipt of answer to the letter of denial.

41.6. The Chairman Committee of the Bidding Process shall be

obliged to give answer not later than 5 (five) working days as from the date of receipt of appeal to the letter of denial.

41.7. The procurement/award shall still continue without waiting for

answer to appeal to the denial.

41.8. In the case of the denial turning out to be true, re-selection is organized or contract is nullified. Any concrete step in the procurement process as decided by the Bidding Committee will be previously consulted the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS for approval.

41.9. Only the person authorized by the Bidder to sign the Bid shall

be entitled to sign the letter of denial and the appeal to the letter of denial.

41.10. The Purchaser will keep the GOS, through the Spanish

Economic and Commercial Office in Indonesia, timely informed of the letter of denial and the appeal to the letter of denial, as well as the answers by the Purchaser. A copy of the letter of denial and the appeal to the letter of denial as well as of the answers by the Purchaser shall be provided by the Purchaser to the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS.

42. Notification of

Award

42.1. Prior to the expiration of the period of Bid validity, the Purchaser shall notify the successful Bidder, in writing, that its Bid has been accepted, providing simultaneously a copy to the Spanish State Secretariat for Foreign Trade of the Ministry of


Industry, Tourism and Trade of the GOS.

42.2. Until a formal Contract is prepared and executed, the notification of award shall constitute a binding Contract.

42.3. Upon the successful Bidder’s furnishing of the signed Contract

Form, the Purchaser will promptly notify each unsuccessful Bidder and will discharge its Bid Security, pursuant to ITB Sub-Clause 22.4.

42.4. Prior to the Notification of Award to the successful Bidder, the

Purchaser shall inform the Contract Award to the Spanish State Secretariat for Foreign Trade of Spain for its approval. This approval shall be furnished through a letter issued by the Government of Spain, granting the “Non-Objection” to the proposed award of the Contract and only after the receipt of this letter, shall the Purchaser be able to notify to the successful Bidder of the award of the Contract.

43. Signing of

Contract 43.1. At the same time as the Purchaser notifies the successful Bidder

that its Bid has been accepted, the Purchaser shall send the successful Bidder the Contract Form provided in the Bidding Documents.

43.2. Within thirty (30) days of the Notification of Award, the

Contract shall be signed by the successful Bidder and the Purchaser in the presence of the representative of the Spanish Economic and Commercial Office in Indonesia.

43.3. Failure of the successful Bidder to sign the Contract shall

constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security. In that event the Purchaser may award the Contract to the next Highest Scored Substantially Responsive Bid.

44. Performance

Security 44.1. Upon signature of the Spanish Government Loan Agreement

and the Spanish Buyer’s Export Credit Agreement, the Purchaser will notify the successful Bidder the obligation of furnishing the Performance Security that will replace the Bid Security. Within thirty (30) calendar days of the receipt of this notification from the Purchaser, the successful Bidder shall furnish the Performance Security in accordance with the GCC Clause 7, using for that purpose the Performance Security Form included in Section IX Contract Forms, or another Form acceptable to the Purchaser and to the GOS.


44.2. Failure of the awarded Bidder to present the Performance

Security shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security



SPANISH LOAN

SECTION II

BIDDING DATA SHEET

IFB Nº: KU 03 03 – Bv /640

12 January 2012


MINISTRY OF PUBLIC WORKS


Section II. Bidding Data Sheet (BDS) i

TABLE OF CLAUSES SECTION II. BIDDING DATA SHEET (BDS)

Page

A. General .................................................................................................................................................. 1

B. Contents of Bidding Documents....................................................................................................... 1

C. Preparation of Bids.............................................................................................................................. 2

D. Submission and Opening of Bids ..................................................................................................... 2

Section II. Bidding Data Sheet (BDS) 1

Section II. Bidding Data Sheet (BDS)

The following specific data for the goods to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall prevail over those in ITB.

ITB Clause Reference A. General

ITB 1.1 The Purchaser is: The Government of the Republic of Indonesia, Ministry of Public Works, Directorate General of Highways.

ITB 1.1 The name and identification number of this procurement procedure are: Procurement of Prefabricated Steel Truss Bridge Material – Spanish Loan. IFB Number: KU 03 03 – Bv /640

ITB 2.1 The Borrower is: The Government of the Republic of Indonesia.

ITB 2.1 The Lenders are: The Government of the Kingdom of Spain through the Fund for the Internationalization of the Spanish Company (FIEM) and a commercial bank for the Spanish Buyer’s Export Credit under OECD Conditions.

ITB 2.1 The Loan amount is: Euro 12,776,405 by means of FIEM credit, and Euro 12,776,405 by means of Export Credit.

ITB 2.1 The name of the Project is: Procurement of Prefabricated Steel Truss Bridge Material - Spanish Loan.

ITB 2.1 The Premium of the Export Credit Insurance shall be paid by the Purchaser and the amount is not included in the Contract Price.

ITB 2.3 The total allocated budget available for this Bidding Process is the lump sum of twenty-five million five hundred fifty-two thousand eight hundred ten (25,552,810.00) euros

ITB 5.3 No firm is debarred from participating in the Bidding Process. B. Contents of Bidding Documents ITB 8.1

For clarification of Bidding Documents only, the Purchaser’s address is: Attention: Maruntung Staalianto, ST, MUM Address: Kelompok Kerja (POKJA) Pengadaan Barang Prefabricated Steel Truss Bridge Material (Spanish Loan) Jl. Sapta Taruna Raya No. 21 Komplek PU, Pasar Jumat Jakarta Selatan 12310, INDONESIA Tel: (62-21) 7506548 EXT 113 Fax: (62-21) 7506558 Electronic mail address: [email protected]

ITB 8.2 The date of the Pre-bid Clarification Meeting shall be 28 February 2012 The address where the Pre-bid Clarification Meeting shall take place is the following:

Kelompok Kerja (POKJA) Pengadaan Barang


Prefabricated Steel Truss Bridge Material (Spanish Loan) Jl. Sapta Taruna Raya No. 21 Komplek PU, Pasar Jumat Jakarta Selatan 12310, INDONESIA Tel: (62-21) 7506548 EXT 113 Fax: (62-21) 7506558

C. Preparation of Bids ITB 11 The language of the Bid is: English.

Supporting documents in another language shall be translated into English.

ITB 15.4 The Incoterms edition is: Incoterms 2000.

ITB 15.5 Prices of each item of goods shall be quoted for delivery at the Purchaser’s store yard at Citeureup, West Java, excluding any Indonesian taxes and duties.

ITB 15.5 (a)(ii) and (b)(i)

Final Destination: Purchaser’s store yard at Citeureup, West Java.

ITB 15.6 The prices quoted by the Bidder shall not be adjustable.

ITB 15.7 Prices quoted shall correspond to 100 % of the items specified in Section VI - Schedule of Requirements. All items as per Section VI - Schedule of Requirement shall be awarded in a single Contract.

ITB 19.3 List of sources and current prices of spare parts: not required. Period of time the Goods are expected to be functioning (for the purpose of spare parts): None.

ITB 20.1 (a) After sales remedial service is required for the validity of warranty period in G.C.C Clause 15.2.

ITB 21 The Bid validity period shall be 90 calendar days.

ITB 22.1 Bid shall include a Bid Security (issued by a first-class bank) as per the specimen included in Section IV Bidding Forms.

ITB 22.2 The amount of the Bid Security shall be EUR 500,000.00 (Euros five hundred thousand). The currency of the Bid Security shall be Euro.

ITB 23.1 In addition to the original of the Bid, the number of copies is: three printed copies and two digital copies.

D. Submission and Opening of Bids ITB 24.2 (c) The inner and outer envelopes shall bear the following additional

identification marks: “Procurement of Prefabricated Steel Truss Bridge Material – Spanish Loan, IFB No: KU 03 03-Bv/ 640


ITB 25.1 For Bid Submission purposes, the Purchaser’s address is:

Attention : Maruntung Staalianto, ST, MUM

Address: Kelompok Kerja (POKJA) Pengadaan Barang Prefabricated Steel Truss Bridge Material (Spanish Loan) Jl. Sapta Taruna Raya No. 21 Komplek PU, Pasar Jumat Jakarta Selatan 12310, INDONESIA Tel: (62-21) 7506548 EXT 113 Fax: (62-21) 7506558 Country: Republic of Indonesia.

The Deadline for the Submission of Bids is:

Date: 29 March 2012

Time: 10:00 am WIB (Western Indonesian Time)

ITB 28.1 The opening of the Technical Proposal shall take place at:

Address:

Kelompok Kerja (POKJA) Pengadaan Barang Prefabricated Steel Truss Bridge Material (Spanish Loan)

Jl. Sapta Taruna Raya No. 21 Komplek PU, Pasar Jumat,12310 City: Jakarta Selatan. Country: Republic of Indonesia. Date: 29 March 2012

Time: :10:15 am WIB (Western Indonesian Time)

ITB 28.2 At the time of opening the Technical Proposals, the envelopes containing the original and copies of the Price Proposal shall be signed by the Purchaser and all the attending Bidders and shall remain sealed and held in custody by the Purchaser, except for one printed copy and one digital copy of the Price Proposal which will remain unopened and in custody of the representative of the Spanish Economic and Commercial Office in Indonesia.

ITB 36.1 The Highest Scored Substantially Responsive Bid is: the Bid which has obtained the highest score in the evaluation of the Purchaser and which is substantially responsive to the Bidding Documents and the Bidder has remained qualified to perform the Contract satisfactorily.

ITB 40.1 The maximum percentage by which quantities may be increased is: 10 (ten) percent The maximum percentage by which quantities may be decreased is: 10 (ten) percent.





SPANISH LOAN

SECTION III

EVALUATION AND QUALIFICATION CRITERIA

IFB Nº : KU 03 03 – Bv /640

12 January 2012

Section III. Evaluation and Qualification Criteria i

TABLE OF CLAUSES SECTION III. EVALUATION AND QUALIFICATION CRITERIA

Page

TABLE OF CLAUSES ................................................................................................................ i

A. Stage 1: Examination of the Technical Proposal..................................................................... 1

B. Stage 2: Minimum Requirements........................................................................................... 6

C. Stage 3: Examination of the Price Proposal ............................................................................ 7

D. Stage 4: Evaluation Criteria ................................................................................................... 8

1. Overall Experience in Similar Projects (ES) (Max.300 points) ....................................... 9

2. Technical Proposal Evaluation (TP)............................................................................... 10

A) Basic Design and Drawings (Max. 350 points) .......................................................................... 10

B) After Sales Services (Max. 20 points) ........................................................................................... 11

3. Price Proposal Evaluation (PP) (Max.330 points).......................................................... 12

4. Evaluation Table............................................................................................................. 13

Section III. Evaluation and Qualification Criteria 1

Section III. Evaluation and Qualification Criteria The Purchaser shall evaluate the Technical Proposal and Price Proposals of each Bid in accordance with ITB Clauses 33, 34, 35, 36 and 37, and following the Evaluation and Qualification Criteria process divided in 4 Stages as described hereunder. Documents for qualification must be received as part of the Bid, according to the "Instructions to Bidders" in each of the corresponding envelopes. Failure to provide information that is essential to verify the Bidder's qualifications shall result in disqualification of the Bidder. The substantial compliance and conformity of the Bids, the Goods and Services with the Bidding Documents is an essential factor for a fair evaluation and comparison of the Bids. The evaluation and Qualification shall take into account the Bidder’s capability to perform the Contract (financial soundness and experience), the technical issues of the Bid (the accuracy of the Technical Proposal offered in accordance with the Technical Specifications and Schedule of Requirement of the Bidding Documents) and Price Proposal. The Evaluation and Qualification Criteria shall be carried out in a (four) Stage-process as follows: A. Stage 1: Examination of the Technical Proposal

At this Stage 1, the first envelope containing only the Technical Proposals is opened in the presence of a representative of the Spanish Economic and Commercial Office in Indonesia. The second envelope containing the Price Proposals remains sealed and is held in custody. A copy of the Bid, in an outer single envelope, comprising two sealed envelopes, one envelope containing the Technical Proposal and one unopened envelope containing only the Price Proposal shall be given to the Spanish Economic and Commercial Office in Indonesia for its custody at the time of the opening of the Technical Proposal. The form and completeness of the Bidder's Technical Proposal shall be assessed as well as the Bidder's current eligibility to Bid, before the Stage 4: Evaluation Criteria The Purchaser shall check the fulfillment and justification of all administrative requirements and technical documents, as follows: 1.1. General Company Information [Form 6 included in Section IV, Bidding Forms].

All Bidders are required to complete the information in Form 6. Bids submitted by a Joint Venture or Consortium of two or more firms as partners or members shall be subject to the requirements specified in the Bidding Documents and to the specific rules included in this Section III, point 1.11.

1.2. Technical Proposal Submission [Form 1 included in Section IV, Bidding Forms].

1.3. List of Goods and Delivery Schedule [Form 14 included in Section IV, Bidding

Forms].


1.4. Bid Security (Bank Guarantee) [Form 5 included in Section IV, Bidding Forms].

1.5. A duly notarized written Power of Attorney authorizing the signatory of the Bid to

sign and initialize the Bid Submission and all submitted documents. Such Power of Attorney shall be translated by a legal and certified sworn translator.

1.6. Letter of Registration, that Bidder has acquired the Bidding Documents directly

from the Ministry of Public Works of Indonesia or from the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the GOS.

1.7. Documentary Evidence Establishing the Bidder’s Eligibility to Bid.

1.7.1 Certification of the Mercantile Registry, in which it is stated the actual

registration, tax identification code (i.e., CIF), corporate purpose, corporate address, and accreditation of the full force and effect of the Bidder, which shall be translated by a certified sworn translator.

1.7.2 Documents evidencing that the Bidder has properly fulfilled the due and

payable obligations relating to taxes and Social Security obligations. For these purposes, Bidders shall present certifications issued by the relevant State Tax’s and Social Security’s bodies, translated by a certified sworn translator.

1.7.3 Affidavit signed by an authorized representative of the Bidder stating that

they are not under a declaration of ineligibility to contract in accordance with Article 49 of the Spanish Law 30/2007 on Public Procurement and that they had not been punished with the prohibition of being awarded a project or contract financed by the Fund for the Internationalization of the Spanish Company (FIEM).

1.7.4 Affidavit signed by an authorized representative of the Bidder stating that

no enforced settlement, bankruptcy or liquidation proceedings have been initiated against the Bidder by virtue of a court decision or some other enforceable decision including also that the Bidder is not under supervision of the court, having the business activities suspended, and/or executive directors acting for and on behalf of companies are not serving criminal sanction.

1.7.5 Affidavit signed by an authorised representative of the Bidder declaring

that: i) the Bidder knows the Organization for Economic Cooperation and

Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, signed the 17th December 1997 and the regulations contained on it and that, in relation to the Bid, the Bidder expressly declares that in all moments it has fulfilled and will continue to fulfil with what is established in the referred Convention and in the corresponding internal regulations issued in Spain, or that may be issued in Spain in application of it;


ii) the Bidder fulfils all what is established in the international

agreements signed by Spain in matter of corporate responsibility, labour rights and gender equality, specifically, the agreements regarding the fight against corruption and of environmental nature, in particular the agreements of the Export Credit Group of the OECD.

The fulfilment of the mentioned agreements also implies the there has not been any contribution to the violation of human rights, that there has not been any participation in corrupt, fraudulent, collusive or coercive practices, that there has not been any violation of the agreements in matter of rights of employees, of childhood or any other ethical rules that may suppose a contradiction with the international agreements ratified by Spain.

1.7.6 The Declaration of Integrity Pact regarding Bribery and Corruption [Form 3

included in Section IV, Bidding Forms] signed by an authorised representative of the Bidder.

1.7.7 Affidavit signed by an authorized representative of the Bidder declaring

that the company is not involved in legal issues of incompatibilities or disqualification.

1.8. Documentary evidence proving that the Goods and Services conform the Bidding

Documents :

1.8.1 Basic Design and Drawings Summary. [Form 13 included in Section IV, Bidding Forms].

1.8.2 Basic Design which shall comprise, amongst others, the static calculations

and dimensions of each member of the bridge, including codes and standards of calculations, data and hypothesis of calculations, method of calculation, loads, load factors and combinations, calculation of bolted connections, calculation of welded connections, calculation of elastomeric bearings, calculations of seismic buffers, identification of the computer program of calculation and computer print out. The Link Set is a critical part of the supply as many bridges will be erected by cantilever method. Therefore basic design of the link set shall be presented in the Technical Proposal.

1.8.3 Drawings which shall include bridge layout and dimensions of each member

of the bridge including the list of members comprising the bridge of each type indicating their profile dimensions and weights. Also truss and deck connections details shall be included in the Drawings.

1.8.4 In addition to the Basic Design, the Bidder shall submit the proposed

method of erection suitable for construction of the bridges he proposes to supply, specifying the required erection tools and equipment. The Bidder may submit erection manuals issued in his previous experience in similar


bridge projects.

1.8.5 The Bidder shall submit, as part of the Basic Design a draft loading test protocol for a 50-meter-span steel truss bridge which shall include a cantilever erection test protocol.

1.8.6 The Bidder shall guarantee that all information given in the basic design and

drawings are presented clearly as to enable the Purchaser evaluating their conformity with Section X the Technical Specifications. Any unclear information may cause the Bid to be treated as non-responsive.

1.9. Documentary evidence establishing the Bidder’s Qualification to Perform the

Contract: 1.9.1 Certified Financial Statements, including Balance Sheets, Statements of Loss

and Profit, Annual Reports, Statements of Changes in Equity, Cash-Flow Statements (this document shall not be submitted if the Bidder is able to file its/his annual accounts using the abbreviated model or the model for small and medium enterprises under the regulation in force) and auditor’s reports for the past five fiscal years. Such documents shall be audited and registered before the relevant public registry and translated into English. In case the Bidder has no obligation to audit its accounts, he shall provide information of the legal grounds on the basis of which he benefits from this exemption.

1.9.2 Financial Position [Form 12 included in Section IV, Bidding Forms].

1.9.3 To submit Bank references from at least two (2) first class financial entities

with whom the Bidder operates. These references must state the number of years of the Bidder’s relationship with the Bank.

1.9.4 After Sales Services [Form 15 included in Section IV, Bidding Forms]. 1.9.5 Written statement declaring that the Bidder (if awarded the Contract) is or

shall install a fully equipped Project Management Office in Jakarta during the contract implementation period able to carry out the obligations prescribed in the Form of Contract, and/or Technical Specifications.

1.10. Demonstration of the Bidder’s ability to perform the specified works: 1.10.1 Experience record of the Bidder, starting with the current or most recent

contracts for construction of bridges and going back for the past five (5) years. The experience record shall include the information of starting and completion dates, types of projects or description; work performed by the Bidder; name of Employer; location of the work; total value of prime contract; value of percentage of firm's work performed. References from the End User (a letter signed by a responsible person stating that the project was successfully implemented by the contractor) shall also be submitted. The Purchaser reserves the right to verify the authenticity of the information provided by the Bidders. Any prove of falseness in the information regarding


the experience record of the firm may be a cause of rejection of the Bid. 1.10.2 Summary of Contracts Entered in Form 8 [Form 7 included in Section IV,

Bidding Forms].

1.10.3 Details of Contracts [Form 8 included in Section IV, Bidding Forms].

1.10.4 Organization flow chart of the personnel assigned for the Project.

1.10.5 Key Personnel Proposed for the Project [Form 9 included in Section IV, Bidding Forms].

1.10.6 Curriculum Vitae of the Key personnel proposed to the project. Experience of

Key personnel [Form 10 included in Section IV, Bidding Forms].

1.10.7 Any proposal for subcontracting any parts of the works [Form 11 included in Section IV, Bidding Forms].

1.11. Bids submitted by a Joint Venture or a Consortium shall comply with the following

requirements:

1.11.1 In the case of Joint Venture or Consortium the Bid shall include individually, for each of the members of the Joint Venture or the Consortium, all of the documents mentioned in points 1.1, 1.7, 1.9.1, 1.9.2 and 1.9.3 above. In case of a Joint Venture or a Consortium, the Bidder shall submit a letter of Registration as mentioned in point 1.6, that may be in the name of the Joint Venture or Consortium or in the name of one member of the Joint Venture or Consortium.

1.11.2 The Bid, and in case of a successful Bid, the Form of Agreement, shall be

signed so as to be legally binding on all partners.

1.11.3 One of the partners shall be nominated as being in charge or lead partner, and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners.

1.11.4 The partner in charge or lead partner shall be authorized to incur liabilities

and receive instructions for and behalf of any and all partners of the Joint Venture or Consortium, and the entire execution of the Contract, including payment, shall be done exclusively with the partner in charge.

1.11.5 All partners of the Joint Venture or Consortium shall be liable jointly and

severally for the execution of the contract in accordance with the contract terms, and a statement to this effect shall be included in the authorization mentioned under point 1.11.3 above , as well as in the Form of Agreement (in case of a successful Bid).

1.11.6 A copy of the Agreement entered into by all partners shall be submitted with

the Bid. Alternatively, a Letter of Intent to execute the said Agreement in the


event of a successful bid shall be signed by all legally authorized signatories of all the parties to the existing or intended Joint Venture or Consortium, as appropriate, and submitted with the Bid, together with a copy of the proposed Agreement.

After the examination of the technical documentation on the Technical Proposal contained in the first envelope, the Purchaser shall determine in accordance with ITB Clause 31 the responsiveness of the Bids. If the Purchaser determines that the Technical Proposal is substantially responsive, the Purchaser may, in accordance with ITB clause 32:

a. Waive any non-conformities or omissions in the Bid that do not constitute a

material deviation. b. Request that the Bidder submit the necessary information or documentation,

within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Technical Proposal related to the documentation requirements.

In case the Technical Proposal is not substantially responsive in accordance with the above procedure, the Bid shall be rejected and not considered for further evaluation and the Bidder disqualified. If the Bid is not accompanied by a substantially responsive Bid Security, the Bid shall be rejected by the Purchaser and not considered for further evaluation and the Bidder disqualified.

B. Stage 2: Minimum Requirements

Only Bids that have successfully passed the examination of the Stage 1 can continue with the evaluation of the Stage 2. Bidders must pass the following minimum requirements to be qualified for the Stage 3: 2.1. Average annual turnover over the best 3 years out of the last 5 years of EUR 12

million. Bidders are to list the data in [Form 12 included in Section IV, Bidding Forms]. In case of a Bid presented by a Joint Venture or Consortium this minimum requirement is to be fulfilled by the Joint Venture or Consortium as a whole.

2.2. Solvency Ratio (= Total Equity1 / Total Liabilities) ≥ 10% over the best 3 years out

of the last 5 years. [Form 12].

In case of a Bid submitted by a Joint Venture or Consortium this minimum requirement is to be fulfilled by each of the members of the of the Joint Venture or Consortium.

2.3. Current ratio (=Total current assets / Total current Liabilities) ≥1 over the best 3

years out of the last 5 years. [Form 12]. 1 Equity = Total asset less total liabilities.


In case of a Bid submitted by a Joint Venture or Consortium this minimum requirement is to be fulfilled by each of the members of the Joint Venture or Consortium.

2.4. Experience in similar projects: Successful experience of the Bidder as a main

supplier, or as a member of a Joint Venture, or Consortium, referred to the execution of steel or composite steel- concrete bridges, with a minimum total weight in structural steel of 5,000 tonnes, within the last 5 years.

The assessment of the experience of the Bidder will be based on the description of the contracts included in Form 7 and Form 8.

In case of a Bid presented by a Joint Venture or Consortium this minimum requirement is to be fulfilled by the Joint Venture or Consortium as a whole.

2.5. Delivery Time of the Goods shall be up to a maximum of four hundred twenty

(420) calendar days. [Form 14 included in Section IV, Bidding Forms].

Bids will be rejected and not considered for further evaluation being the Bidder disqualified, if the information regarding the Bidder’s business, technical, organization, financial capability and other resources as stated in ITB clause 20.3 indicate that the Bidder does not comply with the minimum requirements.. C. Stage 3: Examination of the Price Proposal The second envelope containing only the Price Proposal of the technically compliant Bids must be opened in the presence of a representative of the Spanish Economic and Commercial Office in Indonesia. If, after the examination of the Stages 1 and 2 at least 1 (one) Bidder has a technically compliant Bid, the Bidding Process shall continue with the evaluation of the Stages 3 and 4 to award the Contract. The Purchaser shall evaluate Price Proposals of each Bid for which the Technical Proposal has been determined to be substantially responsive in accordance with the Bidding Documents. In this Stage 3, the Purchaser shall confirm that the following documents and information have been provided in the Price Proposal according to the ITB 33: Price Proposal Submission and the Applicable Price Schedules:

a) Priced Bill of Quantities (Material Supply)

b) Summary of Priced Bill of Quantities (Material Supply)

c) Schedule of Local Content If any of these documents or information is missing or incomplete, the Bid shall be rejected and not considered for further evaluation being the Bidder disqualified.


If the Total Price offered by the Bidder in its Price Proposal surpasses the budget available for the Bidding Process as specified in ITB Clause 2.3, the Bid shall be rejected and not considered for further evaluation being the Bidder disqualified. In this Stage 3, the Purchaser shall verify that the Goods and Services to be supplied by the Bidders are of eligible origin in accordance with ITB Clause 6 and Clause 18 of these Bidding Documents. In case the origins do not comply with the limits on origin, as per Section V the Bid may be rejected and not considered for further evaluation being the Bidder disqualified. D. Stage 4: Evaluation Criteria Only Bids that have successfully passed the examination of the Stage 3 can continue with the evaluation of the Stage 4. The Purchaser shall use a scoring system described hereunder to evaluate the Bids and to determine the Highest Scored Bid.. The maximum Bid Score is 1,000 Points, to be distributed according to the following criteria:

4.1. Overall Experience in Similar Projects (ES) shall have a maximum score of 250 (two

hundred fifty) Points.

4.2. Technical Proposal Evaluation (TP) shall have a maximum score of 400 (four hundred ) Points.

a) Basic Design and Drawings (shall have a maximum score of 350 (three hundred fifty) Points.

b) After-Sales Services shall have a maximum score of 50 (fifty) Points.

4.3. Price Proposal Evaluation (PP) shall have a maximum score of 350 (three hundred fifty) Points.

The calculation to determine the Evaluated Bid Score shall be conducted by the following formulae: Evaluated Bid Score = ES + TP + PP

Where, ES shall be the score for the Experience in Similar Projects TP shall be shall be the score for Technical Proposal Evaluation PP shall be the score for Price Proposal Evaluation

The Purchaser shall award the Contract to the Bidder that have successfully passed the Stages 1, 2, and 3 and whose Bid has obtained the Highest Bid Score assessed in the Stage 4. Each term of the Evaluated Bid Score will be calculated as follows:


1. OVERALL EXPERIENCE IN SIMILAR PROJECTS (ES) (Max.250 points) The Bidder shall demonstrate his experience in similar projects executed during the last five (5) years. Evidence of the similar projects appears in Form 8, which shall be assessed to determine the score for the experience of each Bidder. The maximum score assigned to a Bidder for this concept will be 250 points.

EXPERIENCE IN PROJECT EXTENDED IN THE LAST 5 YEARS SCORE

Experience in the supply and/or manufacture of steel or composite steel-concrete bridges.

< 5,000 tonnes. Rejected5,000 – 10,000 tonnes. 25 points10,001 – 15,000 tonnes. 50 points≥ 15,001 tonnes. 75 points

Experience in the supply and/or manufacture of modular steel truss bridges.

< 3,000 meters. 0 points 3,000 – 6,000 meters. 50 points ≥ 6,001 linear meters. 75 points

Experience in international projects.

0 projects ≥ € 10,000,000 0 points

1 – 2 projects ≥ € 10,000,000 25 points 3 – 4 projects ≥ € 10,000,000 50 points ≥ 5 projects ≥ € 10,000,000 100 points

Bidders shall submit references from the End Users (Project Owners or legal institutions), such as a certificate, or a letter signed by the responsible person stating that the project was successfully implemented by the Bidder. Such certificate shall be translated into English. Bidders may include on their references’ list projects in which they have acted as a Main Contractor or as a partner or member of a Joint Venture or consortium. In the case of a Joint Venture or Consortium, the Bidder shall indicate his role in the project and his share as a percentage of the total amount of the project. For evaluation purposes, the amount to be considered shall be the aforementioned percentage of the total amount of the Projects. In case the Bidder is a Joint Venture or Consortium of two or more companies, the evaluation of the Bidder’s experience shall considered the experience of all the members of the Joint Venture or Consortium as a whole.


2. TECHNICAL PROPOSAL EVALUATION (TP) (Max.400 points) A) Basic Design and Drawings (Max. 350 points) The basic design and drawings presented by the Bidder as part of its Bid shall be evaluated in regards to their compliance with the Technical Specifications required by the Purchaser. The evaluation of each Bidder shall be based in the information submitted as Basic Design and Drawings by each Bidder, as summarized in Form 13. All Bids with a “Basic Design and Drawings” score lower than 245 points (70% of the total points) shall be rejected and not considered for further evaluation.

Scoring System

Bidder’s Score

The maximum score assigned to a Bidder for this concept will be 350 points. Documents IQ MG SF IQ MG SFBasic Design

Reference to Design Codes and Materials 0 3 8

Description of Structural Model 0 3 8

Loads, Load Factors and Combinations 0 4 6

Static Analysis of Deck

Static Analysis of Deck Shear Connectors 0 2 3

Static Analysis of Stringers 0 4 10

Static Analysis Internal Cross Girders 0 4 10

Static Analysis of End Cross Girders 0 4 10

Static Analysis of Truss

Static Analysis of the Truss 0 7 16

Static Analysis of Cantilever Bridge Stage 0 4 10

Static Analysis of Anchor Bridge Stage 0 4 10

Static Analysis of Wind Bracing 0 4 10

Dynamic Analysis 0 4 10

Deflections and Cambers 0 3 8

Bolted Connections Design

Bolted Connections Deck 0 4 10

Bolted Connections Truss 0 4 10

Welded Connections

Welded Connections Deck 0 3 8

Elastomeric Bearings and Seismic Buffer Design

Elastomeric Bearings Design 0 6 12

Seismic Buffers Design 0 3 8

Total Basic Design 0 70 167

Drawings


Scoring System

Bidder’s Score

The maximum score assigned to a Bidder for this concept will be 350 points. Documents IQ MG SF IQ MG SFBridge Layout including Component Assembly, Vertical Clearance, Bridge Length and Width

0 8 23

Marking Plans, List of Main Members 0 3 8

Dimension and Weight of Main Members 0 3 8

Deck Joint Details 0 7 17

Truss Joint Details 0 7 17

Wind Bracing Joint Details 0 3 8

Elastomeric Bearings Details 0 3 10

Seismic Buffers Details 0 3 10

Abutment Typical Details 0 5 6

Total Drawings 0 42 107

Method of Erection

Proposed Method of Erection 0 7 18

Required Erection Tools and Equipments 0 7 18

Basic Design of Link-Set 0 4 10

Erection Manual of Similar Project 0 4 10

Total Method of Erection 0 22 56

Loading Test Design

Simple Span Loading Test Design 0 4 10

Cantiliver Erection Test Design t 0 4 10

Total Loading Test Design 0 8 20

Subtotal Scoring 0 142 350

TOTAL SCORE

IQ: Inadequate; MG: Marginal; SF: Satisfactory B) After Sales Services (Max. 50 points) The after sales services proposed by the Bidder will be evaluated taking into consideration, as summarized in Form 15.

Manual for Assembly and Erection Score Satisfactory 10 Marginal 5 Inadequate 0

Technical Assistance Score Satisfactory 20 Marginal 10 Inadequate 0


Technical Training Score Satisfactory 10 Marginal 5 Inadequate 0

Project Management Office in Jakarta Score Satisfactory 10 Marginal 5 Inadequate 0 3. PRICE PROPOSAL EVALUATION (PP) (Max.350 points) The score for the total bid price offered by the Bidder shall be calculated using the following formulae: Where LBP is the Lowest Bid Price among the Bidders fulfilling the Minimum Requirements as per Stage 2 above, measured in Euros and BBP is the Bid Price in Euros proposed by the Bidder being evaluated. The Purchaser shall award the Contract to the Bidder that have successfully passed the Stages 1, 2, and 3 and whose Bid has obtained the Highest Evaluated Bid Score assessed in the Stage 4. If there are two (2) or more Bidders that have obtained the same Evaluated Bid Score assessed in the Stage 4, the Purchaser will choose the Bidder who has the highest score obtained in the joint addition of the Overall Experience in Similar Projects and the Technical Proposal Evaluation of the Stage 4.

⎟⎠⎞

⎜⎝⎛=

BBPLBP *ice ScoreBidder's 350Pr


4. EVALUATION TABLE

EVALUATED MAXIMUM BIDDER 1 BIDDER 2 BIDDER 3 BIDDER 4 … BIDDER N

CONCEPTS POINTS Bidder’s Name Bidder’s Name Bidder’s Name Bidder’s Name Bidder’s Name Bidder’s Name

Bidder's Experience 250

Experience in the supply and/or manufacture of steel or

composite steel- concrete bridges, with a minimum total

weight in structural steel of 5,000 tonnes.

75

Experience in the supply and/or manufacture of modular steel

truss bridges. 75

Experience in international projects. 100

Technical Proposal 400

Basic Design and Drawings. 350

After Sales Services. 50

PRICE PROPOSAL EVALUATION 350

TOTAL SCORE 1,000

OFFERED PRICE





SPANISH LOAN

SECTION IV

BIDDING FORMS

IFB Nº : KU 03 03 – Bv /640

12 January 2012

Section IV. Bidding Forms i

TABLE OF CLAUSES SECTION IV. BIDDING FORMS

Page

TABLE OF CLAUSES ............................................................................................................... i Form 1. Technical Proposal Submission ....................................................................................................... 1 Form 2. Price Proposal Submission ............................................................................................................... 3 Form 3. Declaration of Integrity Pact regarding Bribery and Corruption..................................................... 4 Form 4. Price Schedule..................................................................................................................................... 5 Form 5. Bid Security (Bank Guarantee)....................................................................................................... 10 Form 6. General Company Information....................................................................................................... 11 Form 7. Summary of Contracts Entered in Form 7 .......................................................................................... 12 Form 8. Details of Contracts ........................................................................................................................... 13 Form 9. Key Personnel Proposed for the Project.............................................................................................. 14 Form 10. Experience of Key Personnel.................................................................................................... 15 Form 11. Proposed Potential Subcontractors or Part of Work to be Subcontracted..................................... 16 Form 12. Financial Position..................................................................................................................... 17 Form 13. Basic Design and Drawings Summary...................................................................................... 18 Form 14. List of Goods and Delivery Schedule........................................................................................ 20 Form 15. After-Sales Services ................................................................................................................. 21

Section IV. Bidding Forms 1

Form 1. Technical Proposal Submission

Loan: __________________________________ Invitation for Bid No.:_____________________

To: ______________________________________________________________________ We, the undersigned, declare that: (a) We have examined and have no reservations to the Bidding Document, including

Addenda No.: (b) We offer to supply in conformity with the Bidding Document and in accordance with the

delivery schedule specified in Section VI, Schedule of Requirements, the following Goods and Services:

(c) Our Bid shall be valid for a period of _______ calendar days from the date fixed for the

Deadline for the Submission of Bids in accordance with the Bidding Document, and it shall remain binding upon us and may be accepted at any time before the expiration of that period;

(d) The attached Bid Security nº ___________ [insert the number], issued by _________

[insert the Bank] is an original, valid and legal Bid Security; (e) If our Bid is accepted, we commit to obtain a Performance Security in the amount of 10%

(ten percent) of the Contract Price for the due performance of the Contract; (f) We have nationality from ____ [insert the nationality of the Bidder, including that of all

parties that comprise the Bidder, if the Bidder is a Joint Venture or Consortium], and the Goods and Services include in our Proposal fulfill the origin of the goods and services requirements established in the Bidding Document, Section V and in the 2004 Indonesian - Spanish Financial Cooperation Programme and its 2005 and 2011 Addenda.

(g) We are not participating as Bidders nor as subcontractors in more than one Bid in this

Bidding Process in accordance with the Bidding Document; (h) Our firm complies with the eligibility requirement as specified in Clause 5 of the

Instruction to Bidders; (i) We understand that this Bid, together with your written acceptance thereof included in

your notification of award, shall constitute a binding contract between us, until a formal Contract is prepared and executed.

(j) We understand that we have to fulfill the General Condition and Special Conditions

Condition of the Contract included under Section VII, VIII and IX of the Bidding Documents which under no circumstance can be modified;


(k) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive.

Name _____________________________________________________________________ In the capacity of Signed Duly authorized to sign the Bid for and on behalf of Date ______________________________________________________________________


Form 2. Price Proposal Submission Loan: Invitation for Bid No.: ______________

To: ______________________________________________________________________ We, the undersigned, declare that: (a) We have examined and have no reservations to the Bidding Document, including

Addenda No.: ___________________________________________________________ (b) We offer to supply in conformity with the Bidding Document and in accordance with the

delivery schedule specified in Section VI, Schedule of Requirements, the following Goods and Services:

(c) We offer to supply in conformity with the Bidding Document and in accordance with the

origin requirements specified in Section V and in the 2004 Indonesian - Spanish Financial Cooperation Programme and its 2005 and 2011 Addenda.

(d) The total price of our Bid is: ___________________________________________________ __________________________________________________________________________ (e) The following commissions, gratuities, or fees have been paid or are to be paid with respect to

the Bidding Process or execution of the Contract:

Name of Recipient: Address: Reason: Amount:

(If none has been paid or is to be paid, indicate “none.”) Name In the capacity of Signed ____________________________________________________________________ Duly authorized to sign the Bid for and on behalf of Date _____________________________________________________________________


Form 3. Declaration of Integrity Pact regarding

Bribery and Corruption Loan: __________________________ Invitation for Bid No.: ______________

To: __________________________________________________________________________ PROJECT: ________________________________________ We, [insert name and address of bidder], herewith formally declare that we have not paid any commissions, cash bonuses or gifts or any other benefits to anyone in order to obtain the contract and that we will not give in the future any commissions, cash bonus or gift or any other benefit for the performance of the Contract. We, [bidder’s name and address], herewith recognize that should the present declaration be found untrue, the Purchaser is entitled to terminate the contract without further notice or formality and without previous judicial interposition and the bidder will be held responsible for all damages inflicted, as well as be black-listed for a period of three years. Name _____________________________________________________________________ In the capacity of____________________________________________________________ Signed ____________________________________________________________________ Duly authorized to sign the Bid for and on behalf of_________________________________ Date ______________________________________________________________________


Form 4. Price Schedule A.1 Price for Imported Goods Spanish Origin and 3rd Country Origin Package Name: Procurement of Prefabricated Steel Truss Bridge Material – Spanish Loan

Province: All Provinces

IFB No.:

Bidder:

1 2 3 4 5 6 7 Item Goods Description Unit Quantity Unit DDU* Price

Euros Total DDU Price

Euros (col.4 x col.7) COUNTRY OF ORIGIN

(Spanish Origin or 3rd Country Origin)**

1 Permanent Truss Bridge

1.1 A40 Each 15 1.2 A45 Each 4 1.3 A50 Each 11 1.4 A55 Each 3 1.5 A60 Each 16 1.6 B40 Each 6 1.7 B45 Each 1 1.8 B50 Each 4 1.9 B55 Each 1

1.10 B60 Each 8 2 Link Sets

2.1 A Class Link Sets Each 4 2.2 B Class Link Sets Each 3

TOTAL PRICE FOR IMPORTED GOODS SPANISH ORIGIN AND 3RD COUNTRY ORIGIN


* The price of this data shall be quoted on a DDU Incoterm 2000 basis including delivery conditions set up in the Contract and the Technical Specifications. ** As stated in ITB Clause 6 of the Bidding Documents, the origin of the Goods must be determined according to the Community Customs Code (Council Regulation (EEC) No 2913/92) and its implementation Regulation (Commission Regulation (EC) No 2454/93). Only one single origin shall be stated: Spanish Origin or 3rd Country Origin. Prices with no mention to origin will be considered as 3rd Country Origin

Name In the capacity of _ Signed Duly authorized to sign the Bid for and on behalf of Date


A.2 Price for Imported Services Spanish Origin and 3rd Country Origin [List separetly: Engineering Design and Drawings; Instruction Manuals; Technical Assistance; Technical Training;] Package Name: Procurement of Prefabricated Steel Truss Bridge Material – Spanish Loan


IFB No.:

Bidder:

1 2 3 4 5 6 7 8

Item Service Description Unit Quantity Supplier/ Subcontractor Unit Price Euro

Total Price Euro

(col.3 x col.5)

COUNTRY OF ORIGIN * (Spanish

Origin or 3rd Country Origin)

1 Engineering design and drawings Ls 1 2 Detailed Manuals Ls 1 3 Technical Support Ls 1

TOTAL PRICE FOR IMPORTED SERVICES SPANISH ORIGIN AND 3RD COUNTRY ORIGIN EURO

*Only one single origin shall be stated: Spanish Origin or 3rd Country Origin. Prices with no mention to origin will be considered as 3rd Country Origin.

The price of this data shall include the Services required as specified in ITB Sub-Clause 6.4.

It is understood that the country of origin of the Services it is the same as the company nationality implementing the Services.

Name In the capacity of _ Signed Duly authorized to sign the Bid for and on behalf of Date


B . Price for Local Cost Package Name: Procurement of Prefabricated Steel Truss Bridge Material – Spanish Loan


IFB No.:

Bidder:

1 2 3 4 5 6 7 Item Goods or Services

Description Unit Quantity Supplier /

SubcontractorUnit Price

Euro Total Price

Euro (col.3 x col.5)

TOTAL PRICE FOR LOCAL COST EURO According to the 2004 Indonesian – Spanish Financial Cooperation Programme “Local content is defined as the part of the commercial contract relative to disbursements for payment of the goods and services supplied by local companies in Indonesia under surveillance of the contractor and conducive to the implementation of the commercial contract”. Name In the capacity of _ Signed Duly authorized to sign the Bid for and on behalf of Date


C. Total Price

Package Name: Procurement of Prefabricated Steel Truss Bridge Material – Spanish Loan


IFB No.:

Bidder:

1 2

CONCEPT TOTAL

Euro A. Total imported Goods and Services (A1+A2) A.1 Imported Goods (Spanish Origin and 3rd Country Origin) A.2 Imported Services (Spanish Origin and 3rd Country Origin) B. Local Cost

TOTAL PRICE EURO ( A+B) Name In the capacity of _ Signed Duly authorized to sign the Bid for and on behalf of Date


Form 5. Bid Security (Bank Guarantee) Guarantee No......................

Beneficiary: DIRECTORATE GENERAL OF HIGHWAYS

Jakarta - Republic of Indonesia Whereas (name of the Bidder) (hereinafter called “the Bidder” shall submit its bid for the supply of Prefabricated Steel Truss Bridge Material (hereinafter called “the Bid”). KNOW ALL PEOPLE by these presents that WE (name of bank) of (name of country), having our registered office at (address of bank) (hereinafter called “the Bank”), are bound unto Directorate General of Highways (hereinafter called “the Purchaser”) in the sum of (amount) for which payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors and assigns by these presents, sealed with the Common Seal of the said Bank this……. Day of…….20.. THE CONDITIONS of this obligation are: 1. If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder

on the Bid Submission Form; or 2. If the Bidder, having been notified of the acceptance of its Bid by the Purchaser during

the period of bid validity:

(a) fails or refuses to execute the Contract Form, if required; or (b) fails or refuses to furnish the Performance Security, in accordance with the

Instructions to Bidders; We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser will note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force up to and including thirty (30) calendar days after the period of bid validity, and any demand in respect thereof should reach the Bank not later than the above date.

In case the Bidder results to be the successful Bidder, the Bid Security will remain in force until the moment in which the successful Bidder presents the Performance Security in accordance with the Instruction to Bidders and the General Condition of the Contract, Clause7, or until the expiration of the 3 years deadline to sign the Contract as per established in the ITB and the Contract Form.

This Letter of Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) as set out in the International Chamber of Commerce (ICC) publication 458. The extents not regulated by the above mentioned rules will be subject to the Spanish law. Any legal dispute arising out of this instrument will be subject to the jurisdiction of the Madrid (Spain) Court of Justice. (Signature of the Bank)


Form 6. General Company Information (Bids submitted by a Joint Ventures or Consortium shall submit this Form as Joint Venture or Consortium, as well as, individually by each partner or member of the Joint Venture or Consortium).

1. Name of firm:

2. Head office address:

3. Telephone: Contact person name:

4. Fax: E-Mail:

5. Place of incorporation/ registration: Year of incorporation/ registration:

Signed Name

For and on behalf of (name of Bidder) (duly authorized representative of the Bidder) Date


Form 7. Summary of Contracts Entered in Form 8

Name of Bidder:

This form summarizes all the contracts for which data is provided in [Form 8].

A B C D E F** G

Ref. No.

Contract No, Name of project & Country

Year (s) Carried

out Description Contract Value

In euro % share of the project*

Amount for evaluation

Testifying document

T O T A L

Signed Name

For and on behalf of (name of Bidder) (duly authorized representative of the Bidder)

Date

*100% in case of Main Contractor or the corresponding percentage of participation in the Joint Venture or Consortium. ** F =D x E

Note: Only contracts of Similar Nature and Complexity are to be entered in [Form 7] and [Form 8].


Form 8. Details of Contracts

Name of Bidder:

Use a separate sheet for each contract.

Number of Contract:

Name of Contract:

Unit or Choice Volume, Description or Value in Euros

A. Works Items

1. General Description

Nature of project Type

Length of superstructure Meters

Structural steel total weight Tonnes

Number of traffic lanes No.

2. Type of Superstructure

Indicate type of Superstructure Tonnes/Meters

B. Site Conditions

Country

C. Value of the Contract Euros

Signed Name


1 Bidders shall submit evidence of each contract (such as Employer reference, copy of contract).


Form 9. Key Personnel Proposed for the Project

Name of Bidder:

For specific positions essential to contract implementation Bidders shall provide the names of at least two candidates qualified to meet the specified requirements stated for each position.

1. Title position:

Name of candidate:

Name of alternative candidate:

2. Title position:

Name of candidate:


3. Title position:

Name of candidate:


4. Title position:

Name of candidate:


5. Title position:

Name of candidate:


Signed Name of Bidder

For and on behalf of (name) (duly authorized representative of the Bidder)

Date


Form 10. Experience of Key Personnel (one form for each person – candidate name to be at the top of each page if more than one page)

Name of Bidder

Position □ Prime Candidate □ Alternative Candidate

1. Name of candidate 2. Date of birth Candidate Information

3. Professional qualifications

4. Name of Employer

Address of Employer

Telephone Contact (manager/ personnel officer)

Fax Telex

Present Employment

Job title of candidate Years with present employer

Summarize professional experience over the last 20 years in reverse chronological order. Indicate particular technical and managerial experience relevant to the Project.

From To Company/ Project/ Position/ Relevant technical and management experience

Signed Name

For and on behalf of (name) (duly authorized representative of the Bidder) Date


Form 11. Proposed Potential Subcontractors or Part of Work to be Subcontracted

Name of Bidder:

Section of Works Approximate Value or %

Name(s) & Address(es) of Subcontractors

Remarks

Signed Name


Date


Form 12. Financial Position

Name of Bidder

Bidders shall provide financial information to demonstrate that they meet the requirements stated in the Instruction to Bidders. If necessary, use separate sheets to provide complete banker information. A copy of the audited balance sheets and statement of profit losses shall be attached. (In case of joint venture or consortium, each partner or member shall provide its financial data in the tables below).

Name of Bank: Address of Bank:

Telephone: Contact name and title:

Banker

Fax: E-Mail:

Summarize actual financial data in EUR equivalent (at the rates of exchange current at the end of each year).

Financial Information in EUR equivalent 2006 2007 2008 2009 2010 1. Equity

2. Total assets

3. Current assets

4. Total liabilities

5. Current liabilities

6. Turnover

7. Ordinary Profits

8. Profits before taxes

9. Profits after taxes

10. Solvency ratio (coefficient total equity X 100 / total liabilities)

11. Current ratio (coefficient total current assets/total current liabilities)

(In case the Bidder is a Joint Venture or a Consortium, each partner or member shall provide its financial data in the tables aboveSigned Name



Form 13. Basic Design and Drawings Summary

Name of Bidder

This form summarizes the documents that has been included in “Basic Design and Drawings”

Documents Included Not Included

Basic Design Reference to Design Codes and Materials Description of Structural Model Loads, Load Factors and Combinations

Static Analysis of Deck Static Analysis of Deck Shear Connectors Static Analysis of Stringers Static Analysis Internal Cross Girders Static Analysis of End Cross Girders

Static Analysis of Truss Static Analysis of the Truss Static Analysis of Cantilever Bridge Stage Static Analysis of Anchor Bridge Stage Static Analysis of Wind Bracing

Dynamic Analysis Deflections and Cambers Bolted Connections Design

Bolted Connections Deck Bolted Connections Truss

Welded Connections Welded Connections Deck

Elastomeric Bearings and Seismic Buffer Design Elastomeric Bearings Design Seismic Buffers Design

Drawings Bridge Layout including Component Assembly, Vertical Marking Plans, List of Main Members Dimension and Weight of Main Members

Deck Joint Details Truss Joint Details

Wind Bracing Joint Details Elastomeric Bearings Details Seismic Buffers Details Abutment Typical Details Method of Erection

Proposed Method of Erection

Required Erection Tools and Equipments

Basic Design of Link-Set Erection Manual of Similar Project


Loading Test Design

Simple Span Loading Test Design Cantilever Erection Test Design

Signed Name



Form 14. List of Goods and Delivery Schedule

Name of Bidder:

Description No. of Delivery Schedule (*) Observations

Units (Calendar days)

I. Permanent Steel Truss Bridge:

Bridge A40 15

Bridge A45 4

Bridge A50 11

Bridge A55 3

Bridge A60 16

Bridge B40 6

Bridge B45 1

Bridge B50 4

Bridge B55 1

Bridge B60 8

II. Link Sets:

A Class Link Sets 4

B Class Link Sets 3

(*) Goods delivered at the Purchaser’s store yard at Citeureup, West Java.

Signed Name


Date


Form 15. After-Sales Services

Name of Bidder

Bidders shall supply a detailed description of the after-sales services for the project:

Manual for Assembly and Erection

Technical Assistance

Technical Training

Project Management Office in Jakarta

Signed Name


Date

Section V. Eligible Countries 22

REPUBLIC OF INDONESIA MINISTRY OF PUBLIC WORKS DIRECTORATE GENERAL OF

HIGHWAYS



SPANISH LOAN

SECTION V

ELIGIBLE COUNTRIES

IFB Nº : KU 03 03 – Bv /640

12 January 2012

Section V. Eligible Countries 1

Section V. Eligible Countries 1. A Bidder, and all parties constituting the Bidder, shall have the nationality of:

Kingdom of Spain 2. All Goods and Services to be supplied under the Contract shall comply with the

provisions set forth in the Indonesian–Spanish Financial Cooperation Programme, signed in April 2004, between the Government of Indonesia and the Government of Spain. According to Clause 2 of the aforementioned Financial Cooperation Programme:

“For each project, this financing will include:

100% of the goods and services of Spanish origin; Indonesian goods and services (local content) up to 15% of the total value of

exported goods and services (including those of Spanish and third countries origin), providing a detailed explanation on how this amount will be spent. Local content is defined as the part of the commercial contract relative to the disbursements for payment of the goods and services supplied by local companies in Indonesia under the surveillance of the contractor and conducive to the implementation of the commercial contract.

Goods and services from third countries up to 15% of the total value of

exported goods and services (including those of Spanish and third countries origin).”

3. As stated in ITB Clause 6 (Section I) origin of the Services will be determined according

to the nationality of the entity providing the Services. 4. As stated in ITB Clause 6 (Section I) the origin of the Goods must be determined

according to the Community Customs Code (Council Regulation (EEC) No 2913/92) and its implementation Regulation (Commission Regulation (EC) No 2454/93). The Supplier shall present an official certificate of origin issued by an official authority at the shipment stage. Failure to comply with this obligation may lead, after formal notice, to termination of the Contract.

5. The percentage of origins is calculated over the total exported Goods and Services. That

means over the sum of the Spanish and 3rd country Goods and Services, but excluding local content.

Section VI. Schedule of Requirements





SPANISH LOAN

SECTION VI

SCHEDULE OF REQUIREMENTS

IFB Nº : KU 03 03 – Bv /640

12 January 2012



Goods2

Item No. Description Unit Quantity Span (m) Total

Length (m) Delivery of the

Goods

I. Permanent Truss Bridges:

1.1 A 40 Bridge 15 600

1.2 A 45 Bridge 4 180

1.3 A 50 Bridge 11 550

1.4 A 55 Bridge 3 165

1.5 A 60 Bridge 16 960

1.6 B 40 Bridge 6 240

1.7 B 45 Bridge 1 45

1.8 B 50 Bridge 4 200

1.9 B 55 Bridge 1 55

1.10 B 60 Bridge 8 480

Maximum 420 calendar days after the Effective Date of the Contract.

Total Bridge 69 3,475

II. Link Sets:

2.1 A Class Link Set Each 3

2.2 B Class Link Set Each 4

Total Each 7

Services

Item No.

Description Unit Quantity Delivery of the Services

III. Engineering Design and Drawings:Set (1 original and

5 copies for each of bridge type set)

1 60 calendar days after the Effective Date

III. Instruction Manuals for each bridge:

No. of copies for each bridge supplied 1 120 calendar days after the

Effective Date

IV. Technical Assistance: No. of supervisors / Months each supervisor 2 / 12

During 360 calendar days, starting immediately after

the delivery of Goods

IV. Technical Training: Training period 1 To be determined

2 The Bidder shall deliver the Goods in DDU conditions Incoterms 2000 at Final Destination. Delivery shall include unloading and stacking of the goods at the Final Destination.






SPANISH LOAN

SECTION VII

GENERAL CONDITIONS OF CONTRACT

IFB Nº : KU 03 03 – Bv /640

12 January 2012

Section VII. General Conditions of Contract i

TABLE OF CLAUSES SECTION VII. GENERAL CONDITIONS OF CONTRACT

Page TABLE OF CLAUSES................................................................................................................ i

GENERAL CONDITIONS OF CONTRACT..................................................................................................... 1 1. Definitions......................................................................................................................................... 1

2. Application ........................................................................................................................................ 2 3. Eligibility........................................................................................................................................... 2 4. Standard............................................................................................................................................. 2 5. Contract Documents.......................................................................................................................... 3 6. Copyright........................................................................................................................................... 3 7. Performance Security........................................................................................................................ 3 8. Inspections and Tests ........................................................................................................................ 3 9. Packing .............................................................................................................................................. 4 10. Delivery, Documents and Acceptance ............................................................................................. 4 11. Insurance ........................................................................................................................................... 5 12. Transportation ................................................................................................................................... 5 13. Incidential Services ......................................................................................................................... 5 14. Reserve Component .......................................................................................................................... 6 15. Warranty............................................................................................................................................ 6 16. Payment............................................................................................................................................. 6 17. Contract Prices .................................................................................................................................. 7 18. Change Order .................................................................................................................................... 7 19. Contract Amendments ...................................................................................................................... 7 20. Assignment........................................................................................................................................ 8 21. Subcontracts ...................................................................................................................................... 8 22. Extensions of Time ........................................................................................................................... 8 23. Liquidated Damages ......................................................................................................................... 8 24. Termination for Default .................................................................................................................... 9 25. Force Majeure ................................................................................................................................... 9 26. Termination for Insolvency ............................................................................................................ 10 27. Termination for Force Majeure ...................................................................................................... 10 28. Settlement of Disputes .................................................................................................................... 10 29. Limitation of Liability..................................................................................................................... 11 30. Language ......................................................................................................................................... 11 31. Governing Law ............................................................................................................................... 11

Section VII. General Conditions of Contract ii

32. Notices............................................................................................................................................ 11

33. Taxes and Duties............................................................................................................................. 11 34. Local Supplies................................................................................................................................. 11 35. Fraud and Corruption...................................................................................................................... 12 36. Scope of Supply .............................................................................................................................. 12 37. Suppliers Responsibilities............................................................................................................... 12 38. Confidential Information ................................................................................................................ 12 39. Interpretation ................................................................................................................................... 13

Section VII. General Conditions of Contract 1

GENERAL CONDITIONS OF CONTRACT

1. Definitions 1.1. In this Contract, the following expressions shall be interpreted as indicated:

(a) "The Contract" means the agreement entered into between the Purchaser and the Supplier, signed by the parties, including all attachments and annexes thereto and all documents incorporated by reference therein.

(b) "The Contract Price" means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations.

(c) "The Contract Period" means 780 days commencing on the Effective Date of the Contract, comprising 420 days for delivery of Goods plus 360 days for service period.

(d) "The Goods" means all of the equipment, machinery, and/or other materials which the Supplier is required to supply to the Purchaser under the Contract as specified in SCC.

(e) "The Services" means those services ancillary to the supply of the Goods, such as, engineering design and drawings, manuals, training, technical support, and other such obligations and Incidental Services of the Supplier covered under the Contract as specified in SCC .

(f) "GCC" means the General Conditions of Contract contained in this section.

(g) "SCC" means the Special Conditions of Contract.

(h) "The Purchaser" means the organization purchasing the Goods and Services, as named in SCC.

(i) "The Purchaser country" is the country named in SCC.

(j) "The Supplier" means the individual or organization selling the Goods and Services, as named in SCC.

(k) "The Engineer" means an official appointed from time to time by the Purchaser and notified in writing to the Supplier to act as his authorized representative on all engineering and technical aspects of the Contract. In the event that the appointment of the Engineer for any reason is delayed, the Purchaser will, until such time as an Engineer is appointed, act as the Engineer.

(l) “The Lender” means:

1. For the Spanish Government Loan, the Spanish Government acting by and through the Instituto de Crédito Oficial (ICO).

2. For the Spanish Buyer Export Credit, a commercial bank appointed by the Supplier and acceptable to the Purchaser and the Ministry of Finance of the Republic of Indonesia.

(m) "The Lenders" means both the Spanish Government and a commercial bank.

(n) "The Borrower" means the Republic of Indonesia acting by and through its Ministry of Finance.

(o) “The Spanish Buyer Export Credit Agreement” means the agreement to be entered by and between the Lender (a commercial bank) and the Borrower whereby the commercial bank undertakes to finance 50% of the Contract Price by means of a Spanish Buyer Export Credit facility under OECD Consensus terms.

(p) "The Spanish Government Loan Agreement" means the agreement to be entered by and between the Lender (Spanish Government) and the Borrower whereby the Spanish Government undertakes to finance 50% of the Contract Price by means of a Spanish Government Loan facility from the Fondo para la Internacionalización de la Empresa (FIEM) under concessionary terms.

(q) "The Point of Delivery" means the place or places named in SCC.

(r) "Noticed of Award" means the written notification of the Purchaser to the Supplier that his Bid has been accepted for Award of Contract.

(s) "Day" means calendar day.

(t) "Effective Date" means the date on which all of the following events shall have been fulfilled:

1. The signing of Contract by both parties.


2. The submission of Performance Bank Guarantee by the Supplier.

3. The written communication by the respective Lender, addressed to the Supplier, notifying that the Spanish Government Loan Agreement has come into force and is ready for disbursement.

4. The written communication by the respective Lender, addressed to the Supplier, notifying that the Spanish Buyer Export Credit Agreement has come into force and is ready for disbursement.

5. That the Supplier has received the advance payment detailed in Article 16 of these GCC.

2. Application 2.1. These General Conditions shall apply to the extent that they are not superseded by provisions of other

parts of the Contract. 3. Eligibility 3.1. The Supplier shall have the nationality of the Kingdom of Spain. A Supplier shall be deemed to have the

nationality of a country if it is a citizen or constituted, incorporated, or registered, and operates in conformity with the provisions of the laws of that country.

3.2. All Goods and Services to be supplied under the Contract shall comply with the provisions set forth in the

Indonesian–Spanish Financial Cooperation Programme, signed in April 2004, between the Government of Indonesia and the Government of Spain. According to Clause two of the aforementioned Financial Cooperation Programme:

“For each project, this financing will include:

100% of the goods and services of Spanish origin; Indonesian goods and services (local content) up to 15% of the total value of exported goods

and services (including those of Spanish and third countries origin), providing a detailed explanation on how this amount will be spent. Local content is defined as the part of the commercial contract relative to the disbursements for payment of the goods and services supplied by local companies in Indonesia under the surveillance of the contractor and conducive to the implementation of the commercial contract.

Goods and services from third countries up to 15% of the total value of exported goods and

services (including those of Spanish and third countries origin).” 3.3. For Purposes of this Clause, "origin" of the Goods must be determined according to the Community

Customs Code (Council Regulation (EEC) No 2913/92) and its implementation Regulation (Commission Regulation (EEC) No 2454/93).

3.4. The Supplier shall provide an official certificate of origin issued by an official authority at the shipment

stage. This certificate of origin will be part of the paying documents as established in GCC Clause 16.

4. Standard 4.1. The Goods supplied under this Contract shall conform to the standard mentioned in the Technical

Specifications, and, when no applicable standard is mentioned, to the authoritative standards appropriate to the Goods in their country of origin. Such standards shall be the latest issued by the concerned institution.


5. Contract Documents 5.1. Subject to the order of precedence set forth in the Contract Agreement, all documents forming the

Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory. The Contract shall be read as a whole.

6. Copyright 6.1. The copyright in all drawings, documents, and other materials containing data and information furnished

to the Purchaser by the Supplier herein shall remain vested in the Supplier, or, if they are furnished to the Purchaser directly or through the Supplier by any third party, including suppliers of materials, the copyright in such materials shall remain vested in such third party.

7. Performance Security 7.1. Upon signature of the Spanish Government Loan Agreement and the Spanish Buyer’s Export Credit

Agreement, the Purchaser will notify the Supplier the obligation of furnishing the Performance Security that will replace the Bid Security. Within thirty (30) calendar days of the receipt of this notification from the Purchaser, the Supplier shall furnish the Performance Security for the performance of the Contract, in the amount specified in the SCC.

7.2. The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss

resulting from the Supplier's failure to complete its obligations under the Contract.

7.3. The performance security shall be denominated in the currency of the Contract, or in a freely convertible currency acceptable to the Purchaser and shall be in the form of a bank guarantee issued by a reputable bank appointed by the Supplier located in Spain, acceptable to the Purchaser, in the form provided in Annex 9.

7.4. The performance security shall be discharged by the Purchaser and returned to the Supplier not later than

twenty eight (28) days following the date of completion of the Supplier’s obligations under the Contract, including any warranty obligations, unless otherwise specified in SCC.

8. Inspections and Tests 8.1. The Purchaser or its representative shall have the right to inspect and/or test the Goods to confirm their

conformity to the Contract specifications at no extra cost to the Purchaser. SCC and the Specification shall specify what inspections and test the Purchaser requires and where they are to be conducted. The Purchaser shall notify the Supplier in writing, in a timely manner, of the identity of any representatives retained for these purposes.

8.2. The inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s) or at

Point of Delivery. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Purchaser.

8.3. The State Secretariat for Foreign Trade of the Spanish Ministry of Industry, Tourism and Trade the

Government of Spain, or its duly authorized representatives, may be present during the aforesaid inspections and test.

8.4. Should any inspected or tested Goods fail to conform to the Technical Specifications, the Purchaser may

reject the Goods, and the Supplier shall either replace the rejected Goods or make alterations necessary to meet specifications requirements free of cost to the Purchaser.

8.5. The Purchaser's right to inspect, test and, where necessary, reject the Goods upon arrival at the Point of


Delivery, shall in no way be limited or waived by reason of the Goods having previously been inspected, tested and passed by the Purchaser or its representative prior to the Goods' shipment from the fabrication yard.

8.6. Nothing in GCC Clause 8 shall in any way release the Supplier from any warranty or other obligations

under this Contract. 9. Packing 9.1. Packing of the Goods shall be made by the Supplier in accordance with the terms specified in SCC. 9.2. The Supplier shall provide such packing of the Goods as is required to prevent their damage or

deterioration during transit to their final destination, as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing case size and weight shall take into consideration the remoteness of the Goods' final destination and the absence of heavy handling facilities at all points in transit.

9.3. The packaging, marking, and documentation within and outside the packages shall comply strictly with

such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified in Specifications.

10. Delivery, Documents and Acceptance. 10.1. Delivery of Goods shall be made by the Supplier in accordance with the terms specified in the SCC. 10.2. The details of shipping and/or other documents to be furnished by the Supplier are specified in SCC. 10.3. For purposes of the Contract, "EXW," "CIF," "CIP," "DDU" and other trade terms used to describe the

obligations of the parties shall have the meanings assigned to them by the 2000 edition of Incoterms published by the International Chamber of Commerce, Paris.

10.4. The Supplier shall furnish the shipping documents of the Goods within the required timeframe so the

Purchaser can arrange reception of the Goods with sufficient time in a suitable fitted-out warehouse in the Point of Delivery, obtain the import licenses, duty exemptions and any other permits and authorizations required in Indonesia necessary to import the Goods at the Point of Delivery.

10.5. The delivery of the Goods shall be considered completed whenever there is written evidence that the

Goods have been delivered in accordance with the terms of this Contract. 10.6. The Supplier shall transport the Goods to the Point of Delivery. The Purchaser shall carry out the

identification of the Goods with the purpose of checking that they comply with the Contract, no later than four (4) days from the date of notification of arrival of the Goods by the Supplier.

10.7. The Purchaser shall provide the Point of Delivery with suitable fitted-out warehouses in the Point of

Delivery in order to protect the Goods from any risk of loss and damage since the moment of the delivery of Goods in the Point of Delivery until the issuance of the Acceptance Certificate by the Purchaser.

10.8. The Purchaser shall issue an Acceptance Certificate (for Goods) at the time of delivery of the Goods by

the Supplier at the Point of Delivery. This Certificate shall be signed by the Supplier and the Purchaser. In case the Purchaser does not issue the Certificate or rejects the Supplier's request within fifteen (15) days, the mentioned Certificate shall be deemed to be issued the last day of that period.

10.9. The Purchaser may, at the request of the Supplier, proceed with partial Acceptance Certificate. In the case

of partial Acceptance Certificates, unless specified otherwise in the SCC, the warranty obligations will run from the date of such partial Acceptance Certificate.

10.10. Immediately after Acceptance Certificate, the Purchaser may make use of all the supplied Goods.


10.11. The Purchaser shall issue an Acceptance Certificate (for Services), at the time of the Services are

rendered. This Acceptance Certificate shall be signed by the Supplier and the Purchaser. 10.12. Upon expiry of the warranty period as per GCC Clause 15, when all defects or damages have been

rectified if any, and the Supplier has performed during the service period the Services under the Contract, the Purchaser shall issue a Final Acceptance Certificate, stating the date on which the Supplier completed his obligations under the Contract.

10.13. If the Purchaser fails either to issue the Final Acceptance Certificate (for Goods and Services) or reject

the Supplier’s application within the period of twenty-eight (28) calendar days, the Purchaser shall be deemed to have issued the certificate on the last day of that period.

. 11. Insurance 11.1. The Goods supplied under the Contract shall be fully insured in a freely convertible currency against loss

or damage incidental to manufacture or acquisition, transportation, storage, and delivery in the manner specified in the SCC.

11.2. Where delivery of the Goods is required by the Purchaser on DDU basis, the Supplier shall arrange and

pay for cargo insurance, naming the Purchaser as beneficiary. 12. Transportation 12.1. Where the Supplier is required under Contract to deliver the Goods FOB, transport of the Goods, up to

and including the point of putting the Goods on board the vessel at the specified port of loading, shall be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract Price. Where the Supplier is required under the Contract to deliver the Goods FCA, transport of the Goods and delivery into the custody of the carrier at the place named by the Purchaser or other agreed point shall be included in the Contract Price.

12.2. Where the Supplier is required under Contract to deliver the Goods CIF, CIP or DDU, transport of the

Goods to the port of destination or such other named place of destination in the Purchaser's country; as shall be specified in the Contract, shall be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract Price.

12.3. Where the Supplier is required under Contract to transport the Goods on a DDU basis to a specified place

of destination within the Purchaser's country, defined as the Point of Delivery, transport to such place of destination in the Purchaser's country, including insurance, storage, unloading and stacking ,as shall be specified in the Contract, shall be arranged by the Supplier, and related costs shall be included in the Contract Price.

12.4. Where the Supplier is required under Contract to deliver the Goods CIF,CIP or DDU, no restriction shall

be placed on the choice of carrier except for the limitations of the origins of the Goods set forth in the Indonesian–Spanish Financial Cooperation Programme.

13. Incidental Services 13.1. The Supplier may be required to provide any or all of the following Services, including additional

services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or start-up of the supplied Goods;

(b) furnishing of tools required for assembly and/or maintenance of the supplied Goods;

(c) furnishing of a detailed operation and maintenance manual for each appropriate unit of the supplied Goods;


(d) performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and

(e) training of the Purchaser's personnel, at the Supplier's plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods.

13.2. Incidental services are included in the Contract Price for the Goods and there are no additional prices

charged for these services. 14. Reserve Component 14.1. As specified in SCC, the Supplier may be required to provide any or all of the following materials,

notifications, and information pertaining to reserve component manufactured or distributed by the Supplier:

(a) such reserve component as the Purchaser may elect to purchase from the Supplier, provided that this election shall not relieve the Supplier of any warranty obligations under the Contract; and

(b) in the event of termination of production of the reserve component: (i) advance notification to the Purchaser of the pending termination, in sufficient time to permit

the Purchaser to procure needed requirements; and (ii) following such termination, furnishing at no cost to the Purchaser, the blueprints, drawing, and

specifications of the reserve component similar of the bridge component.

15. Warranty 15.1. The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or

current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the Contract. The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship or any act or omission of the Supplier that may develop under normal use of the supplied Goods in the conditions prevailing in the Purchaser's country.

15.2. This warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case

may be, have been delivered to and accepted by the Acceptance Certificate at the Point of Delivery indicated in the Contract, or for eighteen (18) months after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise in SCC.

15.3. The Purchaser shall notify the Supplier in writing of any claims arising under this warranty, within thirty

(30) days of the defects becoming apparent. 15.4. Upon receipt of such notice, the Supplier shall, within the period specified in SCC and with all reasonable

speed, repair or replace the defective Goods or parts thereof, without costs to the Purchaser other than, where applicable, the cost of inland delivery of the repaired or replaced Goods or parts from EXW or the port or place of entry to the final destination.

15.5. If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the

Purchaser may proceed to take such remedial action as may be necessary, at the Supplier's risk and expense and without prejudice to any other rights which the Purchaser may have against the Supplier under the Contract.

16. Payment 16.1. The method and conditions of payment to be made to the Supplier under this Contract shall be specified

in SCC. 16.2. The Supplier's request(s) for payment shall be made in writing, accompanied by an invoice describing, as


appropriate, the Goods delivered and Services performed, and by other documents specified in SCC. 16.3. The Purchaser shall be responsible for preparation of the BIP (Budget Implementation Plan), the

budgetary allocation planning and the process for having budget approval from Indonesian Authorities. 16.4. The Purchaser shall guarantee that the funds to cover the required disbursement of the project are

allocated and imposed in the Budget Implementation Plan (BIP) during the period of the project implementation.

16.5. The Purchaser shall confirm to the Supplier that the budgetary allocation for each fiscal year, in

accordance with the implementation schedule, has been made and approved by the competent Indonesian Authorities. The payments to the Supplier may not in any case exceed the allocated budget for each fiscal year.

17. Contract Prices 17.1. Prices charged by the Supplier for Goods delivered and Services performed under the Contract shall not

vary from the prices in the Contract. 18. Change Order 18.1. Contracts can only be modified if it is necessary for the proper execution and/or functioning of the

equipment and provided the following general principles are respected:

(a) No modification to the Contract may alter the award conditions prevailing at the time the Contract was awarded;

(b) The purpose of the modification must be closely connected with the nature of the Project(s) covered by the initial Contract;

(c) Major changes, such as a fundamental alteration of the Technical Specifications, cannot be made by means of a modification;

(d) The modifications may include changes in quality of the Goods and Services, provided they have become obsolete since the time the Contract was awarded until the entry into force of the Contract; and

(e) The total price of the Contract remains unchanged.

18.2. Prior to issuing a variation, the Supplier shall submit to the Purchaser a proposal containing:

(a) A description of the tasks, if any, to be performed, or the measures to be taken and a work schedule; and

(b) Any necessary variations to the work schedule or to any of the Supplier’s obligations under the Contract.

18.3. Following the receipt of the Supplier’s submission referred above, the Purchaser shall decide as soon as possible whether or not the variation should be carried out. If the Purchaser decides that the variation is to be carried out, it shall issue an administrative order stating that the variation is to be made under the conditions referred in the Supplier’s proposal mentioned above, and the Contract shall accordingly be amended.

19. Contract Amendments 19.1. Subject to GCC Clause 18, no variation in or modification of the terms of the Contract shall be made


except by written amendment signed by the parties 19.2. Any variation on the scope, and/or the terms and conditions of the Contract shall not affect the total price

of the Contract and will require the prior approval of the Government of Spain- through the Spanish Economic and Commercial Office in Indonesia or any other person appointed for such purpose, will be compulsory.

20. Assignment 20.1. The Supplier shall not assign, in whole or in part the Contract, except with the Purchaser's prior written

consent. 20.2. The assignation of the Contract by the Supplier must be previously informed and subject to the approval

of the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the Government of Spain.

20.3. For the purpose of Clause 20.1, the approval of an assignment by the Purchaser shall not exempt the

Supplier from his obligations for the part of the Contract already performed or the part not assigned. 20.4. If the Supplier has assigned his Contract without authorization, the Purchaser may, without giving formal

notice thereof, apply as of right the sanctions for breach of Contract provided for in this Contract. 20.5. Assignees must satisfy the eligibility and capability criteria applicable for the award of the Contract. 21. Subcontracts 21.1. The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this Contract if not

already specified in the bid. Such notification, in the original bid or later, shall not relieve the Supplier from any of its liability, obligations, duties or responsibilities under the Contract.

22. Extensions of Time 22.1. If at any time during performance of the Contract, the Supplier or its sub-contractor(s) should encounter

conditions impeding timely delivery of the Goods and performance of Services, the Supplier shall promptly notify the Purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier's notice, the Purchaser shall evaluate the situation and may at its discretion extend the Supplier's time for performance, in which case the extension shall be ratified by the parties by amendment of Contract.

22.2. Except as provided under GCC Clause 25, a delay by the Supplier in the performance of its delivery and

completion obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 23, unless an extension of time is agreed upon pursuant to GCC Clause 22.1 without the application of liquidated damages. The Supplier shall not be liable if the delay is due to any event under Purchaser’s responsibility.

23. Liquidated Damages 23.1. Subject to GCC Clause 25, if the Supplier fails to deliver any or all of the Goods or to perform the

Services within the period(s) specified in the Contract and without prejudice to other remedies under the Contract, the Supplier shall pay to the Purchaser as liquidated damages, a sum equivalent to the percentage specified in SCC of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delay until actual delivery or performance, up to the maximum amount equivalent to the percentage specified in SCC. Once the maximum is reached, the Purchaser may consider termination of the Contract pursuant to GCC Clause 24.

23.2. Any liquidated damages that may arise shall be charged to the amount assigned to the Performance

Security.


24. Termination for Default 24.1. The Purchaser, without prejudice to any other remedy for breach of Contract, by written notice of default

sent to the Supplier, may terminate this Contract in whole or in part:

(a) If the Supplier delivers any or all of the Goods with a delay of more than 50 days beyond the time specified in the Contract, or beyond any extension thereof granted by the Purchaser pursuant to GCC Clause 22; or

(b) If the Supplier fails to perform any of the other obligations of the Contract as to endanger the performance of the Contract, and does not rectify such failure within a period of 30 days (or such longer period as the Purchaser may authorize in writing) after receipt of notice from the Purchaser specifying such failure.

(c) If the Supplier, in the judgement of the Purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

24.2. In the event the Purchaser terminates the Contract in whole or in part, pursuant to GCC Clause 24.1, the

Purchaser agrees to pay forthwith to the Supplier by way of a termination settlement all outstanding sums due and payable to the Supplier for the Goods and Services performed before termination. For the outstanding performance of the Goods and Services, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the Purchaser for any excess costs for such similar Goods or Services; the Purchaser shall make every reasonable efforts to minimize any such excess costs. However, the Supplier shall continue performance of the Contract to the extent not terminated.

24.3. The Supplier, without prejudice to any other remedy for breach of contract, by written notice of default

sent to the Purchaser, may terminate this Contract in whole or in part:

(a) If the Purchaser fails to perform any of the obligations of the Contract and does not rectify such failure within a period of thirty (30) days (or such longer period as the Supplier may authorize in writing) after receipt of notice from the Supplier specifying such failure.

(b) If during the term of the Contract the Lenders notify the Supplier that its obligation to make disbursements under the Spanish Government Loan Agreement and/or the Spanish Buyer Export Credit Agreement has ceased because of default by the Borrower under the terms of such Agreements.

24.4. In the event the Supplier terminates the Contract in whole or in part, pursuant to GCC clause 24.3, the

Purchaser agrees to pay forthwith to the Supplier by way of a termination settlement all outstanding sums due and payable to the Supplier for the Goods and Services performed before termination as well as all cancellation cost from subcontractors. As a compensation of the outstanding performance Goods and Services, the Purchaser shall pay to the Supplier a fee of fifteen percent (15%) of the price of these Goods and Services.

24.5. In case of termination of the Contract due to a breach of Contract attributable either to the Supplier or the

Purchaser, the damaged party shall have the right to request a compensation for the loss and damages suffered.

25. Force Majeure 25.1. Notwithstanding the provisions of GCC Clauses 22, 23, and 24, the Supplier shall not be liable for

forfeiture of its performance security, liquidated damages or termination for default if and to extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.

25.2. For purposes of this clauses, "Force Majeure" means an event beyond the control of the Supplier and not

involving the Supplier's fault or negligence and not foreseeable. Such events may include, but are not restricted to:

(a) Natural disasters, including earthquake, volcanic eruption, typhoons, storms, flood or fire.


(b) Riots, civil commotions, terrorist activity, revolution, insurrection, sabotages.

(c) War or hostilities, whether declared or not.

(d) Impossibility of, or abnormal delay in, the use of railway, port, airport, shipping services or other normal means of transport, custom clearance or caused by freight embargo.

(e) Strike or lockout or other industrial action affecting performance or contractual obligations and having a materially adverse effect on such performance which is not capable of being avoided by reasonable alternative actions by the Purchaser and Supplier.

(f) Obstruction of navigation of the vessels at port of delivery and/or destination.

(g) Act of Governmental and/or Administrative authorities.

25.3. If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of such

condition and the cause thereof. Unless otherwise directed by Purchaser in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. The Supplier is entitled to extend the time of executing the Contract according to the actual period of the time affected by the occurrences.

26. Termination for Insolvency 26.1. The Purchaser may at any time terminate the Contract by giving written notice to the Supplier if the

Supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Purchaser.

27. Termination for Force Majeure 27.1. If an event of Force Majeure continues for more than six (6) months after the notice of the event of Force

Majeure, the Supplier by written notice sent to the Purchaser may terminate the Contract. The Purchaser agrees to pay forthwith to the Supplier by way of a termination settlement all outstanding sums due and payable to the Supplier for the Goods and Services before termination.

28. Settlement of Disputes 28.1. If any dispute or difference of any kind whatsoever shall arise between the Purchaser and the Supplier in

connection with or arising out of the Contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.

28.2. If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual

consultation, then either the Purchaser or the Supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given.

28.2.1. Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be finally settled by arbitration. Arbitration may be commenced prior to or after delivery of the Goods under the Contract.

28.2.2. Arbitration proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.

28.3. Notwithstanding any reference to arbitration herein.

(a) the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and

(b) the Purchaser shall pay the Supplier any amounts due to the Supplier.


29. Limitation of Liability 29.1. Except in case of criminal negligence or willful misconduct and in case of infringement to Clause 6,

(a) the Supplier shall not be liable to Purchaser, whether in Contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Purchaser and

(b) the aggregate liability of the Supplier to the Purchaser, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective Goods.

30. Language 30.1. The Contract as well as all correspondence and documents relating to the Contract exchanged by the

Supplier and the Purchaser, shall be written in the language specified in the SCC. Supporting documents and printed literature that are part of the Contract may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified, in which case, for purposes of interpretation of the Contract, this translation shall govern.

30.2. The Supplier shall bear all costs of translation to the governing language and all risks of the accuracy of

such translation, for documents provided by the Supplier. 31. Governing Law 31.1. The Contract shall be interpreted in accordance with the laws of the Purchaser's country, unless otherwise

specified in SCC. 32. Notices 32.1. Any notice given by one party to the other pursuant to this Contract shall be sent to the other party by

cable, telex or facsimile and confirmed by registered air mail letter to the other party's address specified in SCC.

32.2. A notice shall be effective when delivered or on the notice's effective date, whichever is later. 33. Taxes and Duties 33.1. Outside Indonesia: All taxes, duties, license fees, stamps and other charges levied outside Indonesia,

related to the execution of the Contract, shall be borne by the Supplier and are included in the unit prices. 33.2. In Indonesia:

Import Duty and Additional import Duty/Surcharge are exempted. Value Added Tax and Sales Tax on luxury goods shall not be levied. Income Tax shall be borne by the Government of the Republic of Indonesia. Any other tax, duty and/or levy payable in the Republic of Indonesia related to the execution of the Contract, due under the prevailing Indonesian Laws and Regulations, shall be paid by the Purchaser.

34. Local Supplies 34.1. Local manufacturing, procurement and services shall be subcontracted by the Supplier. The total local

costs of the Indonesian goods and services (local content) shall not exceed fifteen percent (15%) of the total value of exported goods and services (including those of Spanish and third countries origin), Local content is defined as the part of the commercial contract relative to the disbursements for payment of the goods and services supplied by local companies in Indonesia under the surveillance of the Supplier and conducive to the implementation of the commercial contract.


34.2. No Value Added Tax (VAT) shall apply to the Local supplies of the Contract under reference to Clause 33.2 for these Local supplies.

35. Fraud and Corruption 35.1. The Lenders require that Borrowers (including beneficiaries of loans), as well as Bidders, Suppliers,

Contractors, and Consultants under Lenders-financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuit of this policy, the Lenders:

(a) define, for the purposes of this provision, the terms set forth below as follows i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the procurement process or in contract execution; and ii) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract; iii) “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Borrower, designed to establish bid prices at artificial, non competitive levels; and; iv) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or affect the execution of a contract;

(b) will cancel the portion of the loan allocated to a contract if it determines at any time that representatives of the Borrower or of a beneficiary of the loan engaged in corrupt, fraudulent, collusive or coercive practices during the procurement or the execution of that contract, without the Borrower having taken timely and appropriate action satisfactory to the Lenders to remedy the situation;

(c) will sanction a firm or individual, including declaring them ineligible, either indefinitely or for a stated period of time, to be awarded a Lenders-financed contract if it at any time determines that they have, directly or through an agent, engaged, in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a Lenders financed contract; and

(d) will have the right to require that Suppliers to permit the Lenders to inspect their accounts and records and other documents relating to the bid submission and contract performance and to have them audited by auditors appointed by the Lenders.

36. Scope of Supply 36.1. The Goods and Services to be supplied are as specified in the Schedule of Requirements. 37. Suppliers Responsibilities 37.1. The Supplier shall supply all the Goods and Services included in the Scope of Supply in accordance with

GCC Clause 36, and the Delivery Schedule, as per GCC Clause 10. 38. Confidential Information 38.1. The Purchaser and the Supplier shall keep confidential and shall not, without the written consent of the

other party hereto, divulge to any third party any documents, data, or other information furnished directly or indirectly by the other party hereto in connection with the Contract, whether such information has been furnished prior to, during or following completion or termination of the Contract. Notwithstanding the above, the Supplier may furnish to its Subcontractor such documents, data, and other information it receives from the Purchaser to the extent required for the Subcontractor to perform its work under the Contract, in which event the Supplier shall obtain from such Subcontractor an undertaking of confidentiality similar to that imposed on the Supplier under GCC Clause 38.

38.2. The Purchaser shall not use such documents, data, and other information received from the Supplier for

any purposes unrelated to the contract. Similarly, the Supplier shall not use such documents, data, and other information received from the Purchaser for any purpose other than the performance of the Contract.


38.3. The obligation of a party under GCC Sub-Clauses 38.1 and 38.2 above, however, shall not apply to information that:

(a) the Purchaser or Supplier need to share with the Lenders participating in the financing of the Contract;

(b) now or hereafter enters the public domain through no fault of that party;

(c) can be proven to have been possessed by that party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other party; or

(d) otherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality.

38.4. The above provisions of GCC Clause 38 shall not in any way modify any undertaking of confidentiality

given by either of the parties hereto prior to the date of the Contract in respect of the Supply or any part thereof.

38.5. The provisions of GCC Clause 38 shall survive completion or termination, for whatever reason, of the

Contract for a period of 10 (ten) years 39. Interpretation 39.1. If the context so requires it, singular means plural and vice versa. 39.2. Incoterms

(a) Unlessinconsistent with any provision of the Contract, the meaning of any trade term and the rights and obligations of parties thereunder shall be as prescribed by Incoterms.

(b) The terms EXW, CIP, FCA, CFR. DDU and other similar terms, when used, shall be governed by the rules prescribed in the current edition of Incoterms specified in the SCC and published by the International Chamber of Commerce in Paris, France.

39.3. Entire Agreement

The Contract constitutes the entire agreement between the Purchaser and the Supplier and supersedes all communications, negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date of Contract.

39.4. Amendment No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto and previously approved by the Spanish State Secretariat for Foreign Trade of the Ministry of Industry, Tourism and Trade of the Government of Spain. 39.5. Non waiver

(a) Subject to GCC Sub-Clause 39.5(b) below, no relaxation, forbearance, delay, or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.

(b) Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing, dated, and signed by an authorized representative of the party granting such waiver, and must specify the right and the extent to which it is being waived.

39.6. Severability

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.

Section VIII. Special Conditions of Contract 14





SPANISH LOAN

SECTION VIII

SPECIAL CONDITIONS OF CONTRACT

IFB Nº: KU 03 03 – Bv/ 640 .

12 January 2012

Section VIII. Special Conditions of Contract i

TABLE OF CLAUSES SECTION VIII. SPECIAL CONDITIONS OF CONTRACT

Page

TABLE OF CLAUSES........................................................................................................................................ i

SECTION VIII.................................................................................................................................................. 14

SPECIAL CONDITIONS OF CONTRACT .................................................................................................... 14 GCC Clause 1: Definitions ............................................................................................................................ 1 GCC Clause 7: Performance Security ........................................................................................................... 1 GCC Clause 8: Inspections and Tests ........................................................................................................... 1 GCC Clause 10: Delivery, Documents and Acceptance............................................................................... 2 GCC Clause 11: Insurance............................................................................................................................. 2 GCC Clause 13: Incidential Services............................................................................................................. 3 GCC Clause 14: Reserve Components ......................................................................................................... 3 GCC Clause 15: Warranty ............................................................................................................................. 3 GCC Clause 16: Payment .............................................................................................................................. 3 GCC Clause 23: Liquidated Damages .......................................................................................................... 4 GCC Clause 28: Settlement of Disputes ....................................................................................................... 5 GCC Clause 30: Language ............................................................................................................................ 5 GCC Clause 31: Governing Law................................................................................................................... 5 GCC Clause 32: Notices ................................................................................................................................ 5 GCC Clause 39: Interpretation ...................................................................................................................... 5

Section VII. Special Conditions of Contract 1

SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of Contract. The corresponding clause number of the GCC is indicated in parentheses. GCC Clause 1: Definitions 1.1 (d) - The term “Goods” includes:

o Prefabricated Steel Truss Bridges, Reserve Components and Link Sets as specified in Annex 4, Technical Specifications, and delivered at the Point of Delivery as per the conditions set up in the Contract and the Technical Specifications; and

o The Warranty.

1.1 (e) -The term “Services” includes: o Engineering design and drawings as specified in Annex 4, Technical Specifications Sub

Clause 2.16. o Incidental Services as specified in this GCC Clause 13.

1.1 (h) - The Purchaser is: Directorate General of Highways of the Ministry of Public Works of the Republic of Indonesia.

1.1(i) - The Purchaser's country is: the Republic of Indonesia. 1.1(j) - The Supplier is: _____________________having its principal office at ______________, whose bid has

been accepted by the Purchaser and includes the Supplier's personal representatives, successors and permitted assigns.

1.1(q) - The Point of Delivery is: Purchaser's store yard at Citeureup, West Java. GCC Clause 7: Performance Security 7.1 - The amount of performance security, as a percentage of the Contract Price, shall be: equivalent to 10%

(ten percent) of the total Contract Price in the form of a Bank Guarantee as per the form included in Annex 9.

After delivery and acceptance of the Goods, the performance security shall be reduced to an amount

equivalent to 2% (two percent) of the Contract Price to cover the Supplier's warranty obligations in accordance with Clause GCC 15.2.

7.4 - The performance security shall guarantee the completion of all obligations under the Contract by the

Supplier and shall be valid for the Contract Period and anytime extension as may be allowed and a period of 60 days following the completion of such obligations.

GCC Clause 8: Inspections and Tests 8.1 - The Purchaser may be represented by the Engineer in relation to inspections and tests. Inspections and

tests prior to shipment of Goods and before final acceptance as specified in Annex 4: Technical Specifications, Clause 3.08.

GCC Clause 9: Packing 9.1 - Packing obligations as specified in Annex 4: Technical Specifications


GCC Clause 10: Delivery, Documents and Acceptance. 10.1- Delivery obligations as specified in Annex 4: Technical Specifications For Goods supplied from Spain or Third Country:

- Upon shipment, the Supplier shall notify the Purchaser by fax the full details of the shipment, including Contract number, description of Goods, quantity, the vessel name, the bill of lading number and date, port of loading, date of shipment, port of discharge, etc. The Supplier shall mail the following documents to the Purchaser:

• 1 (one) original and 2 (two) copies of the commercial invoice. • 1 (one) original and 2 (two) copies of the bill of lading marked “freight pre-paid” or

equivalent transport document (air way bill, CFR, CMR, TIR or delivery note). • 1 (one) original and 2 (two) copies of the packing list. • 1 (one) original and 2 (two) copies of the transport insurance certificate for 110% (one

hundred and ten per cent) of the DDU value for such shipment. • 1 (one) original and 2 (two) copies of the official certificate of origin issued by the Spanish

Chamber of Commerce. • 1 (one) original and 2 (two) copies of the Inspection Certificate issued by the Engineer as

per the form included in Annex 14, signed by the Purchaser. • 1 (one) original and 2 (two) copies of the certificate of warranty of the Goods for such

shipment issued by the Supplier The above documents shall be received by the Purchaser at least one week before arrival of the Goods at the port or place of arrival and, if not received, the Supplier will be responsible for any consequent expenses.

For Goods supplied from Indonesia:

- Upon delivery of the Goods to the transporter, the Supplier shall notify the Purchaser and furnish the following documents to the Purchaser:

i. 1 (one) original and 2 (two) copies of the commercial invoice. ii. 1 (one) original and 2 (two) copies of the bill of lading marked “freight pre-paid” or

equivalent transport document (air way bill, CFR, CMR, TIR or delivery note). iii. 1 (one) original and 2 (two) copies of the packing list. iv. 1 (one) original and 2 (two) copies of the transport insurance certificate for 110%

(one hundred and ten per cent) of the DDU value for such shipment. v. 1 (one) original and 2 (two) copies of the official certificate of origin issued by an

official authority. vi. 1 (one) original and 2 (two) copies of the Inspection Certificate issued by the

Engineer as per the form included in Annex 14, signed by the Purchaser. vii. 1 (one) original and 2 (two) copies of the certificate of warranty of the Goods for such

shipment issued by the Supplier The above documents shall be received by the Purchaser before arrival of the Goods to the Point of Delivery and, if not received, the Supplier will be responsible for any consequent expenses.

GCC Clause 11: Insurance 11.1 - Insurance shall be the responsibility of the Supplier. The insurance will be declared to cover one


hundred and ten per cent (110%) of the DDU value of the Goods on "All Risks" basis, including War Risks and Strikes. The Supplier shall make certain that the Goods are insured adequately and to the customary extent, against transport risks, so that their replacement or repair will be possible. Such insurance shall be taken out in a freely convertible currency. The insurance shall cover the full period of shipment, local transportation, unloading and stacking at the Point of Delivery.

GCC Clause 12: Transportation 12.1 Transportation shall be the responsibility of the Supplier required to transport the Goods on a DDU

basis to the Point of Delivery within the Purchaser's country. This obligation will include that the Supplier shall be responsible in risks and costs for the insurance, storage, unloading, stacking in accordance to article 4 of Technical Specifications and related costs shall be included in the Contract Price.

GCC Clause 13: Incidental Services 13.1 - Incidental Services to be provided are:

(a) Furnishing of a detailed Erection Manual for each appropriate unit of the supplied Goods, as specified in Annex 4 “The Specifications”, clause 5.01;

(b) Technical support as specified in Annex 4 “The Specifications”, clause 5.02. GCC Clause 14: Reserve Components 14.1 (i) Reserve Component: The Supplier shall include in the Contract Price the supply of reserve

components as described in the Technical Specification.

(ii) Supplier shall carry sufficient inventories to assure ex-stock supply of consumable reserve, if any, for the Goods. Other reserve components shall be supplied as promptly as possible, but in any case within six (6) months of placing the order.

GCC Clause 15: Warranty 15.4 & 15.5 - The period of correction of defects in the warranty period is: 12 (twelve) months after reception by

the Supplier of the Purchaser's notice claiming for corrections under the warranty clause. GCC Clause 16: Payment 16.1 - The method and conditions of payment to be made to the Supplier under this Contract shall be as

follows: Advance Payment:

15% (fifteen per cent) of the Contract Price, being EUR __________________ (in words

______________Euros), within 15 (fifteen) calendar days, subject to presentation by the Supplier to the Paying Bank of:

• 1 (one) original and 2 (two) copies of the advance payment commercial invoice. • 1 (one) original and 1 (one) copy of the Advance Payment Bank Guarantee of 100% (one

hundred per cent) of the total advanced payment, issued by a first class commercial bank in favour of the Purchaser in accordance with the “ Bank Guarantee Form for Advance Payment” provided in Annex 10 of the Contract.

• 1 (one) copy of the Performance Security.


Payment for Goods:

75 % (Seventy-five per cent) of the value of Goods under DDU conditions as per Incoterms 2000

edition , being EUR__________________ (in words _________________ Euros), pro rata value of each partial delivery upon presentation by the Supplier to the Paying Bank of the following complete set of documents in respect of each delivery, comprising:

• 1 (one) original and 2 (two) copies of the commercial invoice. • 1 (one) original and 2 (two) copies of the bill of lading marked with “freight pre-paid” or

equivalent transport document (air way bill, CFR, CMR, TIR or delivery note). • 1 (one) original and 2 (two) copies of the packing list. • 1 (one) original and 2 (two) copies of the transport insurance certificate for 110% (one

hundred and ten per cent) of the DDU value for such shipment. • 1 (one) original and 2 (two) copies of the official certificate of origin issued by a Spanish

Chamber of Commerce. In the case of Goods of Indonesian or third country origin, the official certificate of origin will be issued by an official authority.

• 1 (one) original and 2 (two) copies of the Inspection Certificate issued by the Engineer as per the form included in Annex 14, signed by the Purchaser.

• 1 (one) original and 2 (two) copies of the certificate of warranty of the Goods for such shipment issued by the Supplier.

10 % (ten percent) of the value of the Delivered Goods under DDU conditions as per Incoterms

2000 edition, being the amount of EUR____________________ (in words, _______________ Euros), pro rata value of each partial delivery upon presentation by the Supplier to the Paying Bank of complete set of documents of: • 1 (one) original and 2 (two) copies of the commercial invoice. • 1 (one) original and 2 (two) copies of the Acceptance Certificate (for Goods) for each

partial as delivery per the form included in Annex 11, signed by the Purchaser and the Supplier according to Clause 10.8 of the GCC of the Contract.

Payment for Services:

85 % (eighty-five per cent) of the corresponding Services total value, being

EUR__________________ (in letters ________________ Euros), upon presentation by the Supplier to the Paying Bank of the following complete set of documents: • 1 (one) original and 2 (two) copies of the commercial invoice. • 1 (one) original and 2 (two) copies of the Acceptance Certificate (for Services) as per the

form included in Annex 12, signed by the Purchaser and the Supplier in accordance with Clause 10.11 of the GCC of the Contract.

GCC Clause 23: Liquidated Damages 23.1 - Applicable rate: amount equivalent to 0.05% (zero point zero five percent) of the price of the delayed

Goods or unperformed Services as liquidated damages for such default and not as a penalty for every day which shall elapse between the time prescribed in the Contract and the date of certified delivery of such delayed Goods or unperformed Services Maximum liquidated damages: 2.5% (two point five percent) of the price of the delayed Goods or unperformed Services.


If the Purchaser has become entitled to claim at least ten (10%) per cent of the Contract value it may, after giving written notice to the Supplier:

(a) Seize the Performance Security; and (b) Terminate the Contract, in which case the Supplier will have no right to compensation.

GCC Clause 28: Settlement of Disputes 28.2 - The rules of procedure for arbitration proceedings pursuant to GCC Clause 28.2 shall be as follows:

(a) The arbitration shall take place in Singapore; (b) The Supplier shall appoint an arbitrator and the Purchaser shall appoint another arbitrator and

the two together shall choose a third arbitrator who shall act as chairman; (c) The disputes shall finally be settled under the Rules of Conciliation and Arbitration of the

International Chamber of Commerce; (d) The findings of the arbitration shall be final.

GCC Clause 30: Language 30.1 - The Governing language shall be: English. GCC Clause 31: Governing Law 31.1 - The Applicable Law shall be: the laws of the Republic of Indonesia. GCC Clause 32: Notices 32.1 - Purchaser's address for notice purposes:

Regional Office IV, Directorate General of Highways, Ministry of Public Works of Republic of Indonesia Jl. Sapta Taruna Raya No. 21 Komplek PU, Pasar Jumat Jakarta Selatan 12310, INDONESIA Tel: (62-21) 7506548 EXT 113 Fax: (62-21) 7506558

GCC Clause 39: Interpretation 39.2 The applicable edition of Incoterms shall be the 2000 Incoterms.

Section IX. Contract Forms 6





SPANISH LOAN

Section IX

CONTRACT FORMS I

IFB Nº : KU 03 03 – Bv /640

12 January 2012

Section IX. Contract Forms i

SECTION IX. CONTRACT FORM.

1. CONTRACT AGREEMENT FORM......................................................................................... 1

2. PERFORMANCE SECURITY FORM ..................................................................................... 3

3. BANK GUARANTEE FORM FOR ADVANCE PAYMENT............................................. 4

4. ACCEPTANCE CERTIFICATE FORM (for Goods) ............................................................ 5

5. ACCEPTANCE CERTIFICATE FORM (for Services)......................................................... 6

6. FINAL ACCEPTANCE CERTIFICATE FORM (for Goods and Services) ...................... 7

7. INSPECTION CERTIFICATE................................................................................................... 7


1. CONTRACT AGREEMENT FORM

C O N T R A C T A G R E E M E N T

NUMBER:_________________

THIS AGREEMENT made the ________ day of ________________ between: THE DIRECTORATE GENERAL OF HIGHWAYS OF THE MINISTRY OF PUBLIC WORKS OF THE REPUBLIC OF INDONESIA representing the Government of the Republic of Indonesia, (hereinafter called "the Purchaser") of the one part; And

(hereinafter called "the Supplier") of the other part; WHEREAS the Purchaser invited to bid for certain goods and ancillary services, viz., design, fabrication and delivery of prefabricated steel bridging material for meters of Permanent Steel Truss Bridges and has accepted a bid by the Supplier for the supply of those goods and services in the sum of EUR __________________ (Euros __________________________) (hereinafter called "the Contract Price"). WHEREAS the Government of Spain and the Government of Indonesia signed on April 12 and 15, 2004 a Financial Cooperation Programme and its 2005 and 2011 Addenda granting financial facilities to the Republic of Indonesia through credits in concessionary terms for the financing, among others, of the goods and services of this Contract. WHEREAS the above mentioned Financial Cooperation Programme specifies that the financial facilities will be sourced as follows:

• 50% of the Contract Price by means of a Spanish Government Loan from the Fund for the Internationalization of the Spanish Company (FIEM) in concessionary terms, and the remaining

• 50% of the Contract Price by means of a Spanish Buyer Export Credit from a commercial bank under OECD Consensus terms.

1. In this agreement words and expressions shall have the same meanings as are respectively assigned

to them in the General and Special Conditions of Contract referred to. 2. The following documents shall be deemed to form and be read and construed as part of this

Contract Agreement: Annex 1 This Contract Agreement. Annex 2 Special Conditions of Contract. Annex 3 General Conditions of Contract. Annex 4 Technical Specifications and Schedule of Requirements. Annex 5 Price Schedules. Annex 6 Basic Design and Drawings submitted by the Supplier. Annex 7 Technical Proposal Submission and Price Proposal Submission submitted by the

Supplier. Annex 8 Purchaser's Notice of Award. Annex 9 Performance Security Form (Performance Bank Guarantee Form).


Annex 10 Bank Guarantee Form for Advance Payment. Annex 11 Acceptance Certificate Form (for Goods). Annex 12 Acceptance Certificate Form (for Services). Annex 13 Final Acceptance Certificate Form (for Goods and Services). Annex 14 Inspection Certificate.

3. This Contract Agreement shall prevail over all other Contract documents. In the event of any discrepancy or inconsistency within the Contract documents, then the documents shall prevail in the order listed above.

4. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter

mentioned, the Supplier hereby covenants with the Purchaser to provide the goods and services and to remedy defects therein in conformity in all respects with the provisions of the Contract.

5. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods

and services 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.

6. The Contract Price is excluding the Value Added Tax, and shall be paid to the Supplier by means

of the financial facilities referred above. The Value Added Tax (PPN) 10% amounting Rp_____________, shall not be levied.

7. The Contract Period shall be 780 consecutive calendar days commencing on the Effective Date of

the Contract and shall consist of 420 calendar days for the delivery of the Goods to the Point of Delivery plus 360 calendar days for the service period.

8. This contract shall terminate automatically if it has not became effective to any payment within a

period of three years after its signature by both parties. IN WITNESS whereof the parties hereto have caused this agreement in two originals, one for each party, on the day and year first above written. THE SUPPLIER, PEMASOK by : THE PURCHASER PEMBELI DIRECTORATE GENERAL OF HIGHWAYS Representing the Government of the Republic of Indonesia by :


2. PERFORMANCE SECURITY FORM (PERFORMANCE BANK GUARANTEE FORM)


Jakarta - Republic of Indonesia With reference to the Contract Nº_______________(hereinafter referred to as the Contract) signed between yourselves (hereinafter referred to as the “Purchaser”) and _____________________(hereinafter referred to as the “Supplier”) on ___________________, covering the supply of Prefabricated Steel Truss Bridge Material, at the Contract Price of ___________________ (say ______________), which stipulates that a Performance Guarantee be issued in the amount of 10% (ten per cent)of the Contract Price. We,____________________, at the request of the Supplier, hereby open our irrevocable Letter of Guarantee Nº_______________ in your favour to the extent of _____________(say_________________) covering the equivalent of 10% ( ten per cent) of the Contract Price and we hereby undertake with you as follows: Within 3 (three) working days after receipt of your written notice demanding refund from the Supplier for reasons that the Supplier has failed to fulfill his obligations according to the stipulations of the Contract, accompanied by a duly signed copy of a letter addressed by you to the Supplier dated, at least, 30 (thirty) days prior to your demand stating a description of the failure for which the Supplier is held responsible and specifying the amount claimed, we shall unconditionally refund to you the requested amount up to the limit of our liability as stated above. Our liability under this Letter of Guarantee shall be reduced to 2% (two percent) of the Contract Price i.e_________________ (say ______________________) after the delivery of the Goods to the Point of Delivery defined in the Contract. This Letter of Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) as set out in the International Chamber of Commerce (ICC) publication 458. The extents not regulated by the above mentioned rules will be subject to the Spanish law. Any legal dispute arising out of this instrument will be subject to the jurisdiction of the Madrid (Spain) Court of Justice. This Letter of Guarantee shall become effective on the Effective Date of the Contract and remain valid until expiration of the Contract Period plus a period of 60 (sixty) days following the completion of the obligation of the Supplier under the Contract when this Letter of Guarantee shall become automatically null and void. After that day this guarantee will be considered fully cancelled without any right or claim thereunder even if the original has not been returned to us. For good order the Purchaser is kindly requested to return to us this Letter of Guarantee once it has become null and void.

Supplier's bank


3. BANK GUARANTEE FORM FOR ADVANCE PAYMENT Guarantee No.: ...........


Jakarta - Republic of Indonesia With reference to the Contract Nº _______________(hereinafter referred to as the ”Contract”) signed between yourselves (hereinafter referred to as the “Purchaser”) and________________ ___________ (hereinafter referred to as the “Supplier”) on ___________________________, covering the supply of Prefabricated Steel Truss Bridge Material, at the Contract Price of (say____________________), which stipulates that an advance payment in the amount of 15% of the Contract Price be effected against an Advance Payment Guarantee. We___________________, at the request of the Supplier, hereby open our irrevocable Letter of Guarantee Nº _________________ in your favour to the extent of___________ (say _______) covering 15% (fifteen percent) of the Contract Price and we hereby undertake with you as follows: Within 3 (three) working days after receipt of your written notice demanding refund from the Supplier for reasons that the Supplier has failed to ship/complete the Goods to yourselves according to the stipulations of the Contract, accompanied by a duly signed copy of a letter addressed by you to the Supplier dated, at least, 30 (thirty) days prior to your demand stating a description of the failure for which the Supplier is held responsible and specifying the amount claimed, we shall unconditionally refund to you the amount which corresponds to the non shipped/completed Goods which have been already paid by you to the Supplier, up to the limit of our liability as stated above. Our liability under this Letter of Guarantee shall be reduced automatically and proportionally by 15% of that portion of the Contract Price that represents each shipment/completion of Goods made by the Supplier. This Letter of Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) as set out in the International Chamber of Commerce (ICC) publication 458. The extents not regulated by the above mentioned rules will be subject to the Spanish law. Any legal dispute arising out of this instrument will be subject to the jurisdiction of the Madrid (Spain) Court of Justice. This Letter of Guarantee shall become effective on the date of the receipt of the advance payment by the Supplier on his account number ____________ and shall remain valid until all Goods are shipped/completed (based on Bill of Lading/Completion Certificate and the relevant Invoice) as stipulated in the Contract or to the date of receipt by yourselves of the refund of all or part of the advance payment, but not later than _________ (date) ______, when this Letter of Guarantee shall become automatically null and void. After that day this guarantee will be considered fully cancelled without any right or claim thereunder even if the original has not been returned to us. For good order the Purchaser is kindly requested to return to us this Letter of Guarantee once it has become null and void. Supplier’s bank


4. ACCEPTANCE CERTIFICATE FORM (for Goods) N°

CONTRACT N° _______________ DATED ______________ FOR PREFABRICATED STEEL TRUSS BRIDGING MATERIALS AND ACCESSORIES. The authorized representatives of DIRECTORATE GENERAL OF HIGHWAYS (the PURCHASER) as one party and_________________(the SUPPLIER) as the other party herewith certify by mutual agreement that the following Goods: Shipped Items Goods manufactured abroad

Item Description

which are specified in the Packing List No:

delivered by the SUPPLIER at the Point of Delivery, i.e. the PURCHASER’S store yard at Citeureup, West Java are in accordance with the terms and conditions of the above mentioned Contract and have been finally accepted by the PURCHASER. Made in______________, in four (4) originals, two (2) for the PURCHASER and two (2) for the SUPPLIER, on ________________ THE SUPPLIER........ THE PURCHASER .......................................................... DIRECTORATE GENERAL .......................................................... OF HIGHWAYS By: Mr. By: Mr.


5. ACCEPTANCE CERTIFICATE FORM (for Services) N°

CONTRACT N° _______________ DATED ______________ FOR PREFABRICATED STEEL TRUSS BRIDGING MATERIALS AND ACCESSORIES. The authorized representatives of DIRECTORATE GENERAL OF HIGHWAYS (the PURCHASER) as one party and_________________(the SUPPLIER) as the other party herewith certify by mutual agreement that the following services :

Indicate kind of service

Has been rendered by the SUPPLIER in accordance with the terms and conditions of the above mentioned Contract and have been finally accepted by the PURCHASER. Made in______________, in four (4) originals, two (2) for the PURCHASER and two (2) for the SUPPLIER, on ________________ THE SUPPLIER........ THE PURCHASER .......................................................... DIRECTORATE GENERAL .......................................................... OF HIGHWAYS By: Mr. By: Mr.


6. FINAL ACCEPTANCE CERTIFICATE FORM (for Goods and Services) N°

CONTRACT N° _______________ DATED ______________ FOR PREFABRICATED STEEL TRUSS BRIDGING MATERIALS AND ACCESSORIES. We, THE DIRECTORATE OF HIGHWAYS OF THE MINISTRY OF PUBLIC WORKS OF THE REPUBLIC OF INDONESIA – the PURCHASER – herewith certify that all Goods and Services have been succesfully delivered/performed by the SUPPLIER and accepted by the PURCHASER, having the SUPPLIER completed its obligations under the Contract. Made in______________, in four (4) originals, two (2) for the PURCHASER and two (2) for the SUPPLIER, on ________________ THE SUPPLIER........ THE PURCHASER .......................................................... DIRECTORATE GENERAL .......................................................... OF HIGHWAYS By: Mr. By: Mr.


7. INSPECTION CERTIFICATE No: _____________________

CONTRACT _________________ DATED _______________ FOR PREFABRICATED STEEL TRUSS BRIDGING MATERIALS We, DIRECTORATE GENERAL OF HIGHWAYS - the PURCHASER - herewith certify that the following Goods: Completed Items Goods manufactured and/or finalized

Item Description

which are specified in the Packing List No: attached hereto, were inspected and verified that are completely fabricated and ready for transport to the Point of Delivery. Made in Jakarta, in four (4) originals, two (2) for the PURCHASER and two (2) for the SUPPLIER, on_____________________

THE PURCHASER DIRECTORATE GENERAL OF REGIONAL INFRASTRUCTURE By:

Annex: Packing List

Section X. Technical Specifications 9



PROCUREMENT OF PREFABRICATED STEEL TRUSS BRIDGE MATERIAL SPANISH LOAN

SECTION X

TECHNICAL SPECIFICATIONS

IFB Nº : KU 03 03 – Bv /640

12 January 2012

Section X. Technical Specifications i

TABLE OF CLAUSES SECTION X. TECHNICAL SPECIFICATIONS

TABLE OF CLAUSES........................................................................................................................................ i

GENERAL ......................................................................................................................................................... 1 1.01. SCOPE............................................................................................................................................. 1 1.02. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORKS ................................... 1 1.03. MATERIALS TO BE FURNISHED BY THE PURCHASER OR OTHERS................................... 1 1.04. MATERIALS TO BE FURNISHED BY THE SUPPLIER .............................................................. 2 1.05. APPROVAL OF DESIGN ............................................................................................................... 3 1.06. DEFINITIONS................................................................................................................................. 3 1.07. PROGRAM ..................................................................................................................................... 4 1.08. COORDINATION MEETING ........................................................................................................ 4

DESIGN AND TECHNICAL REQUIREMENTS ............................................................................................ 5 2.01. STRUCTURE TYPE........................................................................................................................ 5 2.02. BRIDGE CLASSIFICATION, CLEARANCE AND DIMENSIONS ................................................ 5 2.03. STANDARD LENGTHS................................................................................................................. 5 2.04. LOADING SPECIFICATION......................................................................................................... 5 2.05. STRUCTURE DESIGN STANDARD............................................................................................ 6 2.06. DECK SYSTEM ............................................................................................................................. 7 2.07. MAXIMUM COMPONENT WEIGHTS AND DIMENSIONS..................................................... 8 2.08. MATERIALS.................................................................................................................................. 8 2.09. HANDRAILS.................................................................................................................................. 9 2.10. BEARINGS AND EXPANSION JOINTS ................................................................................... 10 2.11. CORROSION PROTECTION ...................................................................................................... 11 2.12. ERECTION ................................................................................................................................... 11 2.13. RESERVE COMPONENTS ......................................................................................................... 11 2.14. MULTI SPAN-TO-SPAN CONNECTION LINKS (LINK SETS) .............................................. 11 2.15. INFORMATION TO BE PRESENTED IN THE TECHNICAL PROPOSAL ............................ 12 2.16. DRAWINGS AND INFORMATION TO BE SUPPLIED BY SUPPLIER ................................. 12

MANUFACTURE ............................................................................................................................................ 14 3.01. REFERENCE SPECIFICATIONS................................................................................................ 14 3.02. WORKMANSHIP AND MATERIALS ....................................................................................... 14 3.03. USE OF ALTERNATIVE MATERIALS, SHAPES SIZED AND/OR METHODS OF MANUFACTURE ........................................................................................................................................ 14 3.04. MANUFACTURER’S NAMEPLATE.......................................................................................... 15 3.05. FABRICATION OF STEELWORK .............................................................................................. 15 3.06. WELDING .................................................................................................................................... 15

Section X. Technical Specifications ii

3.07. BOLTED CONNECTIONS........................................................................................................... 16 3.08. INSPECTION AND TESTING...................................................................................................... 16 3.09. SURFACE PREPARATION - GALVANIZED FINISHES........................................................... 17 3.10. GALVANIZING............................................................................................................................ 18 3.11. CERTIFICATES............................................................................................................................ 19

DELIVERY AND SUPPLY................................................................................................................................. 20 4.01. IDENTIFICATION AND PACKING ............................................................................................ 20 4.02. STORAGE..................................................................................................................................... 20 4.03. DELIVERY ................................................................................................................................... 21

PROVISION OF MANUALS AND TECHNICAL SUPPORT ..................................................................... 22 5.01. MANUALS ................................................................................................................................... 22 5.02. TECHNICAL SUPPORT............................................................................................................... 22


ARTICLE 1

GENERAL

1.01. SCOPE

(1) The Contract consists of the design, fabrication and delivery to the specified Point of Delivery of a quantity of prefabricated steel bridging material for bridge superstructures together with erection drawings and erection manuals, all in accordance with the General and Special Conditions of Contract, Basic Design and this Specification from the Purchaser. The Contract includes also the Technical Support as defined in this Specification.

(2) The Bridging is to be supplied for the bridge replacement program of the Government of the Republic of Indonesia.

(3) The work includes the design of standard types of prefabricated bridge superstructure and the fabrication, supply and delivery of 3,475 meters of such bridge superstructures together with the provision of engineering and design drawings, accessories and manuals, as listed in the Schedule of Requirements.

(4) The bridges will be erected in several provinces of Indonesia by other contractors using unskilled labor with limited equipment and should therefore be a simple understandable system.

1.02. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORKS

The Contract Period is 780 calendar days, broken down into one supply period with duration of 420 days, and a service period of 360 calendar days, during which the Supplier shall provide technical assistance if required and any necessary replacement components. The Supplier shall start the works under the Contract on the Effective Date and shall complete delivery of the Goods to the nominated Point of Delivery within 420 calendar days after the Effective Date, as specified herein.

1.03. MATERIALS TO BE FURNISHED BY THE PURCHASER OR OTHERS

The materials or components which will be provided (on site) by the Purchaser or the Government of the Republic of Indonesia are:

(1) All foundation and substructure components with the exception of bridge bearings.

(2) Reinforced concrete decking with an asphalt wearing course, but not including expansion joints handrails, end beams or edge protection angles for decks.

(3) Limited lifting and handling equipment such as truck-mounted 2 tonne cranes, guy derricks or cable ropeways to lift and place individual components not exceeding 2 tonnes maximum weight.

(4) Toolkits and Jacks.


1.04. MATERIALS TO BE FURNISHED BY THE SUPPLIER

(1) With the exception of materials or components to be supplied by the Purchaser or the Government of the Republic of Indonesia, the Supplier shall furnish all materials required for the erection and completion of the bridges detailed in the Schedule of Requirements.

(2) Any reference in this Specification to trade names or catalogued numbers, or to a particular manufactured product does not imply that the article or product so mentioned is the only one that may be supplied or used. Any reference so made is purely given as a standard of quality, class, type and finish of the items specified to be used. Articles or products of similar type and quality produced by other manufacturers may, during the currency of the work, be submitted by the Supplier to the Engineer for approval for use.

(3) All materials that will become part of the completed works shall be new and shall conform to this Specification. Where the requirements for any materials are not stated in this Specification, the material shall conform to the appropriate and most recent UNE-EN, AASHTO or ASTM Specification or such other approved Specifications.

(4) When a separate item, which includes the furnishing of any materials, is provided in the Schedule, the cost of furnishing, transporting, storing and handling of such materials shall be included in the rate tendered for that item in the Priced Bill of Quantities.

(5) When a separate item is not mentioned in the Schedule of Requirements but is part of any materials required to be furnished by the Supplier, the cost of furnishing, transporting, storing and handling such materials shall be included in the rates tendered for these items for which materials are required.

(6) The Supplier shall make diligent efforts to procure the specified materials but where, because of priorities or other clauses, materials required by the Specification are not available, substitute materials may be used only with prior written approval of the Engineer, and the written approval will state the amount of price adjustment, if any, to be made. The Engineer’s determination as to whether substitution shall be permitted and as to what substitute materials may be used shall be final, binding and conclusive. Any difference in cost arising from such substitution shall be adjusted between the parties and terms of such adjustment shall be recorded in writing and signed for and on behalf of the Purchaser and the Supplier.

(7) Materials and equipment furnished by the Supplier, which will become part of the completed works, shall be subject to inspection, examination and test as provided by standard procedure for inspection examination and testing. To allow sufficient time to provide for inspection, examination and testing, the Supplier shall submit to the Engineer, at the time of issue, copies in duplicate of all orders, including drawings and other pertinent information, covering the materials and equipment to be inspected, examined and tested, or shall submit other evidence in the event of such orders being issued verbally or by letter. The inspection, examination and testing of materials and equipment or the waiving of inspection, examination and testing thereof shall in no way relieve the Supplier of the responsibility for furnishing material and equipment meeting the requirements of this Specification.


1.05. APPROVAL OF DESIGN

(1) The Engineer shall have the right to require the Supplier to make any changes in design which may be necessary to ensure that the works conform to the requirements of the Contract without additional cost to the Purchaser.

(2) The Supplier shall submit to the Purchaser for approval the Drawings listed in Clause 2.16 headed “Drawings and Information to be supplied by the Supplier” within the times set out therein, and such additional drawings and data as may, in the opinion of the Purchaser, be necessary to ensure that the requirements of the Contract are being adhered to.

(3) Based on the basic design offered by the Supplier in his Bid, the Supplier shall be responsible for ensuring that all designs, drawing, performance data and the like, including those for proprietary items, comply with the requirements of the Contract in all aspects, prior to submitting the information concerned for approval.

(4) The Supplier shall also be responsible for describing to the Purchaser in detail any instances where he proposes non-compliance and for defining the reasons and justifications for such proposals.

(5) The Purchaser will review and approve each batch of drawings and data within the time specified in Clause 2.16.

(6) Approval of the drawings shall not relieve the Supplier of the responsibility of meeting the requirements of the Contract.

(7) The drawings upon approval shall become the Contract Drawings and shall not be modified nor departed from without the written approval of the Engineer.

(8) Any manufacture which is undertaken prior to the approval by the Purchaser of the Drawings of the relevant items shall be entirely at the Supplier’s risk.

1.06. DEFINITIONS

When making reference to other specifications, standards, etc. in this Specification, the following abbreviations are used: AASHTO : American Association of State Highway and Transport Officials

ASTM : American Society for Testing and Materials

AWS : American Welding Society

ISO : International Organization for Standardization

SSPC : Steel Structures Painting Council - USA

SII : Standar Industri Indonesia

SNI : Standar Nasional Indonesia

DIN : Deutsche Normen

EN/ENV : European Norme/European Norme Standard

UNE-EN : European Norme (Spanish version)


1.07. PROGRAM

(1) The Supplier shall furnish to the Engineer on request a program in a form approved by the Engineer. Thereafter the Supplier shall furnish a further revised program should any changes to the original program are deemed reasonably necessary by the Engineer.

(2) These revised programs shall provide similar information to that submitted at the start of the Contract and shall show operations for each major item of the Schedule and for groups of like items of a minor nature, from the time work under the Contract commenced to the anticipated completion date thereby indicating the periods during which work was previously in progress as well as future periods of fabrication operations, together with the Supplier’s estimated future mostly progress payments based on completed bridge spans as shown in the Schedule. The Purchaser shall have the right to reject any program submitted by the Supplier should it fail to supply all information necessary to fully inform all parties. The Supplier shall resubmit his program in a form satisfactory to the Purchaser.

(3) Whenever the Supplier proposes to change his program he shall immediately advise the Engineer, and if the change is a major, the Supplier shall submit a revised program.

(4) If the Supplier falls behind the approved construction program he shall, within 14 (fourteen) calendar days of the date of such a default, submit for approval by the Engineer, a revision of the program, showing the proposed measures to complete the work on time.

(5) When requested by the Engineer, the Supplier shall promptly furnish a detailed sub-program for particular sections of the works.

1.08. COORDINATION MEETING

Not withstanding the approval of drawings as indicated in Clause 2.16, upon the Effective Date, a meeting will take place at the Supplier's premises with the following main tasks:

- Approval by the Purchaser of those designs that allow the Supplier to place the orders for the materials in order to meet the short delivery time of the project.

- To reach the maximum coordination between the Purchaser and the Supplier to facilitate the performance of the Contract.

The Supplier shall include in his prices all travelling costs to and from Spain, as well as the accommodation costs in Spain for 4 (four) of the Purchaser's personnel, for a period of one week, to attend this meeting.


ARTICLE 2 DESIGN AND TECHNICAL REQUIREMENTS

2.01. STRUCTURE TYPE

The structure type required is galvanized steel truss, with interchangeable components, composed of up to two profiles, prepared for bolted connections at site, as through type truss (Warren type). No inaccessible closed sections will be accepted.

2.02. BRIDGE CLASSIFICATION, CLEARANCE AND DIMENSIONS

(1) The bridge classification shall be termed, class “A” and “B” depending on the carriageway width, as specified herein.

(2) The cross section of the through type truss, depending on the carriageway width, should provide for: Class A - 7.00 m wide carriageway (double lane) plus 1.00 m wide barrier kerbs,

footpath and handrails on each side; Class B - 6.00 m wide carriageway (double lane) plus 0.50 m wide barrier

kerbs/footpath and handrails on each side;

(3) Minimum vertical clearance between the deck and the upper cross frame members shall be 5.10 m.

2.03. STANDARD LENGTHS

(1) The standard span lengths which are to be provided shall range from 40 m to 60 m in increments of 5.0 m. The distance between bearings for the linking steel at each pier shall be 1.70 m.

(2) Each standard span shall be identified by the prefix “A” and “B” followed by the numeral representing the span length, e.g. a 40 m span with 7 m wide carriageway shall be referred to as “A40”.

2.04. LOADING SPECIFICATION

(1) The loading specification to be used for the design of bridge superstructures shall be BM 100 (100% of BINA MARGA Load) according to Indonesian Bridge Design Code namely Bridge Load (SK.SNI T-02-2005) which is a revision of art 2 of Bridge Design Code (BDC)-BMS 1992 according to Minister of Public Work’s Decree No. 498/KPTS/M/2005

(2) Bridges supplied under this contract will be assembled and erected in various provinces of the Republic of Indonesia and shall therefore be designed to withstand the largest loading conditions in the relevant areas. In order to simplify the design work, the maximum earthquake coefficient C=0.230 (Base Shear Coefficient) and Importance Factor I=1.2 shall be utilized for all regions in Indonesia.


2.05. STRUCTURE DESIGN STANDARD

(1) Bridge structural design including supported structures is corresponding to the Indonesian Bridge Technical Design System as follows: - Bridge Management System (BMS) 1992 part BCD (Bridge Design Code)

with revision on: Part 2 Bridge Loading (SK.SNI T-02-2005), according to Decree of Minister of Public Works No. 498./KPTS/M/2005 for loading.

- AASHTO LRFD BRIDGE DESIGN SPECIFICATION 4TH Edition or EUROCODE 3 "DESIGN OF STEEL STRUCTURES", EUROCODE 2 “DESIGN OF CONCRETE STRUCTURES” and EUROCODE 4 “DESIGN OF COMPOSITE STEEL AND CONCRETE STRUCTURES” for checking.

(2) Bridge superstructures shall be considered as freely two supported structures (Simple Beam). The method for structural analysis should consider elastic linear in gaining inside forces, whereas for component analysis and connections shall approach limit states to achieve the objectives of constructability, safety and serviceability. A Modal analysis will be carried out for verification of potential vibration problems.

(3) Steel truss shall consist of primary member, mainly: main chord (bottom chord, upper chord, diagonal), top wind bracing, cross girder, stringer, splice plate, gusset plate with 345 MPa (Minimum Yield Strength) steel quality, and secondary member such as: bottom bracing, fill plates, end concrete deck protector, railing, with 250 MPa (Minimum Yield Strength) steel quality.

(4) Deflection due to permitted live load plus impact (or dynamic load allowance) shall be limited to bridge span length 1/800.

(5) Standard bridge trusses should be cambered sufficiently in order to compensate for minimum 150% of total dead load and live load deflections. During service (dead load + live load each with load factor = 1) camber resulting from working dead load (after the deck is poured and asphalt) shall be approximately 1/600 up to 1/300 multiple span length to ensure a perfect vertical deflection transfer. It is also necessary to calculate loss of friction resulting from camber unloading.

(6) To anticipate danger of failure in earthquake post structure, the bridge must be completed with lateral stopper, longitudinal stopper, truss hold down bolt (THDB) and seismic buffering. The amount of these components must be designed against the predicted earthquake.

(7) All bolt connections shall be designed as slip critical friction bolt connections with slip coefficient = 0.30 for severe abrasive hot-dip galvanized steel, and must also be checked against shear force and support in ultimate condition. With an exception in handrail connection, corrugated steel sheet connection and bearing connection.

(8) The slip critical joints are defined as joints subject to stress reversal, heavy impact loads, severe vibration or where stress and strain due to slippage would be detrimental to the serviceability of the structure. They include joint subject to fatigue loading and joint in shear with bolts installed in oversized holes.


(9) All Gusset Plates shall be separately designed from the Cross Girders. The connections shall be bolted. The connections elements between the Wind Bracing and the Truss Joints shall be through bending plates.

(10) The bridge shall be designed to allow fatigue loading. Welded and bolted connections, including locations of bolt holes and welding procedure, shall be designed such as to ensure that stress concentrations which may give rise to fatigue crack are avoided.

(11) Bearing in mind that concrete decks are made in situ by third party and future maintenance aspect should be considered.

(12) Cross girders and stringers are designed as simply supported non-composite girder, but shall be strongly checked in composite condition.

(13) Connection system design between stringer and cross girder is using correspond double angle system and easy installation.

(14) Steel deck design should resist with wet concrete loading, self weight and workers load, and assumed only as scaffolding during implementation

(15) Each bridge span shall be designed for the cantilever system of erection as well as anchor span. Erection of permanent truss spans bridges by cantilever system require the use of an anchor span, to serve as balance for cantilevering span. Anchor span must be standard truss span. Each bridge span must be designed as anchor span to cantilever span with maximum 5 meter longer than the anchor span in the same level of class and span.

2.06. DECK SYSTEM

(1) The Supplier shall design the deck system in accordance with the Clause 2.04 and 2.06 and prepare full working drawings, specification and schedule of materials.

(2) The bridge concrete deck shall have minimum free thickness (over the trapezoidal steel sheet) of 190 mm at the edge of roadway and 250 mm at the roadway center for A class bridge or 240 mm for B class bridges, with 250 mm minimum thickness of sideway over the asphalt 50 mm layer of the deck. Concrete deck of fc=30 Mpa (K-350) and thread framework of minimum BJTD 39 (U-39) quality. Concrete surface should be waterproof of 5 cm thickness of asphalt plus 3 cm overlay with double layer.

(3) The bridge trapezoidal steel deck shall consist of galvanized (Electroplating Galvanizing Process) corrugated steel which is suitable as scaffolding (concrete form) during erection, installed between stringers (not continuously) with 2,400 kp/cm2 or 235 Mpa (Minimum Yield Strength) steel quality, minimum, 1.0 mm of steel plate thickness, and 30 to 50 mm corrugated height.

(4) Corrugated steel deck shape and thickness shall be identical for all types of bridges. Connection between steel deck and cross girder or stringer shall use bolt (not welded) and minimum 50 mm overlapping between corrugated steel deck.

(5) In this deck system, space between cross girder is 5.0 m with total stringers of 9 pieces at each segment for class A bridge or 7 pieces for class B bridge. The position of end stringer, the flange must be parallel with the edge of bridge deck concrete. The connection system between stringer and cross girder shall use correspond double angle system. Cross girder is equipped with 2 (two) rows of


shear connectors (Nelson Type) with minimum size of D16 and height 125 mm. Space between shear connectors is designed as in cross girder as composite beam. Stringer is equipped with 1 (one) line of shear connector with minimum size of D16 and 125 mm height. Space between shear connectors is determined from design as composite beam.

(6) The End Cross Girder shall be designed without stiffeners, except for the stiffeners situated in the jacking points. Web thickness shall be constant. The internal Cross Girder shall be designed without stiffeners.

(7) Stringer and Cross Girder beams deflection due to live load shall not be more than 1/800 times Stringer and Cross Girder length.

2.07. MAXIMUM COMPONENT WEIGHTS AND DIMENSIONS

(1) The maximum individual component length of the bridge superstructure shall be 12 meters with a maximum weight of 2.0 tonnes.

2.08. MATERIALS

(1) Except where otherwise specified, all materials that will become part of the completed bridge shall be new and shall conform to this Specification. Where the requirements for any material are not stated in this Specification, the material shall conform to the appropriate AASHTO/ASTM or EN and/or SII specification or such other specifications as the Engineer may approve.

(2) Steel used for MAIN COMPONENTS of bridges shall be i) either of “High strength, low-alloy, columbium-vanadium steel of structural quality”, grade 50 according to ASTM designation A 572/A 572M-07 or ii) S355 (EN 10025-2) equivalent to grade 50 according to ASTM 572/A 572M, or iii) S460 (EN 10025-3 / EN 10025-4) equivalent to ASTM A572 grade 65 only for Chords and Diagonals. Supplementary requirements: (a) Impact Requirement (Minimum values of impact of energy for impact test on

longitudinal V-notch test pieces according to EN 10025-1). ■ Steel S355 (EN 10025-2)

Minimum Average Energy………. 27 J at 20°C. Sampling and testing procedures shall be in accordance with EN 10045-1.

■ Steel A 572 Grade 50 (ASTM 572/A 572M-07) Minimum Average Energy………. 34 J at 21°C. Sampling and testing procedures shall be in accordance with AASHTO T 243M / T243.

■ Steel S460N or S460M (EN 10025-3 or EN 10025-4) Minimum Average Energy………. 47 J at 0°C. Sampling and testing procedures shall be in accordance with EN 10045-1.

■ Steel A 572 Grade 65 (ASTM 572/A 572M-07) Minimum Average Energy 47 J at 0°C. Sampling and testing procedures shall be in accordance with AASHTO T 243M / T243.

(b) Carbon Equivalent CE shall not exceed the following value: The maximum permissible Carbon Equivalent CE shall not exceed the following value:


■ 0.45 for ASTM A 572 grade 50 or S355 ■ 0.43 for ASTM A 572 grade 65 or S460

The carbon equivalent shall be based on heat analysis. The carbon equivalent shall be calculated using the following formula:

1556CuNiVMoCrMnCCE +

+++

++=

(c) Steel with thickness 25 mm and more shall be made to a fine grain practice (normalized).

(d) Minimum content of silicon shall not exceed of 0.15 per cent.

(3) Steel used for SECONDARY COMPONENTS of bridges may be of structural steel A36 according to ASTM A36 with ReH (Yield Strength) = 250 MPa or S 275 according to EN 10025-2 with ReH (Yield Strength)= 275 MPa.

(4) All steel materials used shall be manufactured by recognized steel works, which are experienced in manufacturing of the steel specified.

(5) All steel shall be delivered with mill certificate from steel factory and sampling test as directed by the Engineer and with test certificates issued by a recognized independent inspection company approved by the Engineer.

(6) The Supplier is at liberty to propose an equivalent structural steel in compliance with the standard specification of the country of origin for approval of the Engineer and in the meantime provide a complete description of the material, including chemical composition, mechanical properties, etc.

(7) All bolts except for the deck connection system shall be galvanized high strength grade 10.9, manufactured and delivered according to EN ISO 898-1 equivalent for steel quality to ASTM A 490. The bolts for the deck connection system shall be minimum quality 4.6 according to EN ISO 898-1 equivalent to ASTM A 307 Grade A.

(8) Unless otherwise stated, all bolts, studs, screws and nuts shall comply with the ISO metric system.

(9) For simplicity of erection no more than two bolt diameters shall be used throughout structure. Bolt lengths should vary depending on the number of plies to be connected and should not be interchangeable, i.e. a bolt to connect 3 plies should be physically impossible to be used to connect 2 or 4 plies

(10) Bridge bearings shall be suitable for use in corrosive environment (high rainfall and marine conditions) and requiring little or no maintenance. Bearing to substructure retaining bolts shall be supplied with the bearings.

2.09. HANDRAILS

Handrails, stanchions (if required) and connection details shall be designed in accordance with AASHTO Standards with the following modifications; the height of the upper rail member shall be 1.00 m measured from the top of the footway or kerb and the lower rail member 0.40 m above the footway or kerb. Rails shall consist of minimum 75 mm outside diameter steel pipe.


2.10. BEARINGS AND EXPANSION JOINTS

(1) The Supplier shall provide suitable reinforced elastomeric bearings to resist vertical and horizontal forces. The bearings shall be provided with an approved mechanical connection to the steel truss.

(2) The bearing shall be designed to resist all loading and combinations applied to the structure.

(3) The make and type of bearings as well as codes applied for design shall be subject to the Engineer’s approval.

(4) Steel for Bearings. The reinforcing steel plate laminations for bearing pads shall conform to ASTM A36 or S275 (EN10025-2). Edges of plates shall be carefully treated to prevent notching. Plates shall be fully enclosed in elastomer to prevent corrosion.

(5) Elastomer for Bearings Elastomer used in the manufacturer of bridge bearings shall contain only neoprene (chloroprene rubber) as the raw polymer. No reclaimed or ground vulcanized rubber shall be used. Raw materials, as determined from test specimens, shall conform to the following: For Neoprene

Material Properties Neoprene ( Polychloroprene )

ASTM Standard Test Requirements Requirements

D 2240 Hardness ( Shore A Durometer ) 60±5 Tensile Strength, Minimum MPa 15.5

Physical Properties D 412 Ultimate Elongation, Minimum % 350

Change in Durometer Hardness, Maximum Points 15

Change in Tensile Strength, Maximum % -15 Heat

Resistance D 573,70 Hours @

100ºC Change in Ultimate Elongation,

Maximum % -40

Material Properties Neoprene ( Polychloroprene )

ASTM Standard Test Requirements Requirements Compression

Set D 395 Method B 22 Hours @ 100 º C, Maximum % 35

Tear Strength D 624 Die C

Ozone D 1149

100 ppm ozone in air by volume, 20% strain 38ºC±1ºC. 100 hours

mounting procedure D 518, Procedure A

No Cracks

Bond Strength, Minimum

N/mm D 429 Method B Steel laminated bearing shall

develop a minimum peel strength 6.90

(6) Expansion Joints

- Expansion joints, Preformed Neoprene Compression Type, should be supplied by the Supplier.


- The supplier shall provide a protector plate to span across the joint on the footway. The plate shall be anchored on one side and free on the other.

2.11. CORROSION PROTECTION

(1) All steelwork including bolts, nuts and washers shall be hot dip galvanized.

(2) Surface preparation, galvanizing and repair of damaged galvanized sections shall be carried out in accordance with the relevant requirements of Clauses 3.09 and 3.10.

2.12. ERECTION

(1) Notwithstanding the provision of Clause 2.07 the bridges shall be capable of erection without relying upon sophisticated, imported (to Republic of Indonesia) handling equipment.

(2) Because of high river flows at many of the proposed bridge sites, the cantilever system of erection is preferred.

(3) Mobile truck mounted 2 tons cranes with maximum reach 5 m, and manually operated guy posts or cable ropeways are the only equipment items to be considered available on site.

(4) The Supplier shall be responsible for the supply of any special equipment or items necessary for the erection of bridge superstructures. Full and clear details of the required equipment, corresponding to the cantilever method of erection, shall be provided at the time of tender.

(5) In order to enable the erection of different bridges in various regions of Indonesia, the Supplier shall supply the number of “standard linking steel” sets suitable for all spans in the same class, together with the bridge components as specified in Section VI Schedule of Requirements.

2.13. RESERVE COMPONENTS

(1) Reserve bolts, nuts and washers shall be provided equivalent to five (5) percent of the total amount for each span.

(2) For bearings, ten (10) percent reserve components shall be provided for each type.

(3) Sufficient zinc paint required to cover the coating damages of approximately 1 % of the steel surfaces together with twenty dry film thickness gauge, shall be provided.

2.14. MULTI SPAN-TO-SPAN CONNECTION LINKS (LINK SETS)

Linking steel shall be provided to erect multiple span bridge using piece by piece cantilever erection in the number specified in Section VI Schedule of Requirements.


2.15. INFORMATION TO BE PRESENTED IN THE TECHNICAL PROPOSAL

(1) The drawings and the basic design to be presented by the bidders in the Technical Proposal of the Bid shall comply with this Technical Specification.

(2) The basic design to be submitted with the proposal shall comprise, amongst others, the static calculations and dimensions of each member of the bridge, including codes and standards of calculations, data and hypothesis of calculations, method of calculation, loads, loads factor and combinations, calculation of bolted connections, calculation of welded connections, calculation of elastomeric bearing, calculations of seismic buffers, identification of the computer program of calculation and computer print out.

(3) The calculations of deck members such as stringers and cross girders shall comply with point 12 of article 2.05 of this specification, proving a correct behavior both as a steel beam alone as well as a composite beam.

(4) The drawings submitted by the Bidder shall consist of a bridge layout and dimensions of each member of the bridge including the list of members comprising the bridge, indicating their profile dimensions and weights. Also truss and deck connections details shall be included in the Technical Proposal.

(5) In addition to the basic design, the Bidder shall submit the proposed method of erection suitable for construction of the bridge he proposed to supply, specifying the required erection tools and equipment. The Bidder may submit erection manual issued in his previous experience in similar bridge project.

(6) Basic design of the link set shall be presented. Correct functionality at the bridge erection site shall be proven.

(7) Loading and erection test protocols will be included as part of the basic design. 2.16. DRAWINGS AND INFORMATION TO BE SUPPLIED BY SUPPLIER

(1) The Supplier shall prepare and be fully responsible for Specification conformity and the correctness of the Drawings required to be supplied under this Clause. In the design drawings a note shall be included, indicating that the design and drawings are propriety and responsibility of the Supplier.

(2) The Supplier shall supply to the Purchaser the following documents in one (1) original and five (5) copies, within two (2) months from the Effective Date: - Static and Dynamic Calculations. - Design Drawings including:

• General Layout • Details Drawings of Steel Work • Concrete Details of Deck • Handrail Details • Bearing and Seismic Buffer Details • Steel Decking Details

- Loading and erection test Procedures


(3) For each bridge type, the information supplied by the Supplier shall among others include: (a) The height of construction, (the height of construction is the distance

between top of deck and underside of bearings); (b) The dimensions as well as the position of the bearings together with the

required mounting plan; (c) The magnitude and direction of the maximum and minimum forces acting

on the bearings; (d) The required length and width of substructure; (e) Location and size of supports where the bridge can be jacked up; (f) The total weight of bridge.

(4) The above documents shall be approved by the Purchaser within a period of one (1) month after submission by the Supplier. The Purchaser shall notify the Supplier in writing whether the above mentioned documentation is approved.

(5) If after the expiry of one (1) month the Supplier is not notified about the approval of the said documentation, the Supplier shall have the right to delay the completion of the delivery program accordingly by notifying the Purchaser in writing.

(6) If the Supplier is notified within a period of one (1) month, that the above-mentioned documentation is not approved by the Purchaser due to deviation from the Contract, the Supplier has to revise the said documentation within twenty-one (21) calendar days of notification and seek approval from the Purchaser without delaying completion of delivery program.

(7) The Supplier shall agree that these drawings may be used by the bridge erection contractors appointed by the Purchaser.

(8) The cost of preparation, printing and forwarding of the required number of drawings should be included by the Supplier in his unit prices.


ARTICLE 3 MANUFACTURE

3.01. REFERENCE SPECIFICATIONS

All standard specifications referred to herein shall be the following:

AASHTO LRFD Bridge Design Specification (AASHTO).

Standard Specifications for Transportation Materials and Methods of Sampling and testing (AASHTO).

Structural Welding Code (AWS).

Eurocode 3. Design of Steel Structures. Eurocode 2 “Design of Concrete Structures” and Eurocode 4 “Design of Composite Steel and Concrete Structures”

Execution of steel structures UNE-EN 1090-1.

Steel Sections, hot rolled (UNE-EN 10025).

Mechanical properties of fasteners (UNE EN ISO 898-1 ).

Hot-dip bath galvanizing (UNE-EN ISO 1461). 3.02. WORKMANSHIP AND MATERIALS

(1) All manufacture shall be done in a thorough and competent manner so that the materials and equipment to be supplied under the Contract are actually made to the dimensions shown and perform in accordance with the requirements and Intent of the Specification and Drawings.

(2) The Supplier shall bear the entire cost of replacing defective materials and the entire expense of correcting any errors for which he is responsible.

(3) All shop work, including the application of the protective coating, shall be performed under cover in a building which has suitable clad walls and roof and which has a concrete floor.

3.03. USE OF ALTERNATIVE MATERIALS, SHAPES SIZED AND/OR METHODS

OF MANUFACTURE

(1) Materials, shapes, sized and /or methods of manufacture, other than those required by the Specification and the Drawings supplied by the Supplier and approved by the Engineer, shall not be used without the prior approval of the Engineer.

(2) The Supplier may offer, and if given written approval by the Engineer may substitute, at no extra cost to the Purchaser, rolled sections or plates of greater cross-sectional dimensions that those shown on the Drawings, if such increased dimensions do not interfere with the essential functions of the part. He may also, subject to approval of the Engineer, substitute plate sections of identical material to the specified or of a more readily weldable material with the equivalent physical properties for rolled structural sections. The thickness of the plate of the


corresponding portion of the rolled structural sections, and the overall strength of the welded plate section in all aspects, including fatigue, shall not be less than that of the original rolled structural sections, unless otherwise approved by the Engineer. Any such variation shall, however, cause no adverse effects on the strength or functioning of any part or parts of the assembly.

(3) If approved in writing by the Engineer, minor details such as bolt spacing may be varied from those shown on the Drawings to meet the standard practice of the manufacturer. Any such variation shall, however, cause no adverse effects on the strength or functioning of any part or parts of the assembly.

3.04. MANUFACTURER’S NAMEPLATE

The Supplier may attach his nameplate, of a size and design approved by the Engineer, to an approved part of each bridge span.

3.05. FABRICATION OF STEELWORK The fabrication of steel work shall conform to the requirements of the standard specifications mentioned on Clause 3.01 or such other specifications to be used by the Supplier subject to the approval of the Engineer.

3.06. WELDING

(1) All welding shall be planned and executed using the most suitable materials and working methods for the particular purpose.

(2) Welding requirements shall in all respects conform to the following sections of AWS D1.1/D1.1M: Section 2, Design of Welded Connections; Section 3, prequalification of WPS (Welding Procedure Specification); Section 4, Qualification; Section 5, Fabrication; Section 6, Inspection and Section 7, Stud Welding; and Section 8, Strengthening and Repairing Existing Structures.

(3) If the Supplier wants to use welding procedures which are not covered by above sections of AWS D1.1/D1.1M, then such procedures shall be qualified prior to use, to the satisfaction of the Engineer, by tests as prescribed in part B of Section 4 of AWS D1.1/D1.1M.

(4) All welding shall be executed by skilled, experienced welders holding valid welder examination qualifications based on the qualification tests specified in part C of Section 4 of AWS D1.1/D1.1M or similar internationally recognized qualification tests. A welder shall be qualified for each process used.

(5) Prior to commencement of any welding, the joint shall be carefully free from rust, scale, slag and burrs.

(6) Welded parts requiring machining shall be completely welded before machining is performed and where required, stress relieved before machining.


(7) The Supplier shall elaborate his own approved detailed quality control program with shall assure satisfactory inspection in the workshop to fulfill the stipulations laid down in AWS D1.1/D1.1M Section 6 Part F. All costs related to the above control program shall be deemed to be included in the unit prices.

(8) The Supplier shall provide free of charge all labor tools, scaffolding, etc. required for inspection and shall assist the Engineer by turning the bridge members or parts to permit inspection of all sides, and the cost thereof, including any transport costs, shall be deemed to be included in the unit prices.

(9) The Engineer shall have the right to require and witness the making of test specimens by any welding operator accordance with the above and to witness any physical test which shall satisfy the requirements of the code or the Engineer. The Engineer shall also have the right to require that up to 5% of the aggregate length of all butt-welds in other than tension members and up to 2% of the aggregate length of all fillet welds be examined radiographically or ultrasonically by a Registered Laboratory to determine that the requirements of the code relating to quality are satisfied.

(10) All butt-welds in areas subject to 75% or more of allowable tensile stresses shall be radiographically or ultrasonically tested. Butt-welds subject to less that 75% of allowable tensile stress shall be radiographically or ultrasonically tested for 50% of their aggregate length.

(11) The Engineer may direct ultrasonic and/or radiographic testing by a registered laboratory of weld metal additional to those specified in Clause 3.06(9) Additional payment for the carrying out of these tests will not be made.

(12) The Engineer may direct that part or all of the weld testing is in accordance with Clause 3.06(9) be carried out by a particular Registered Laboratory.

(13) Welded parts requiring machining shall be completely welded before machining is performed and, where required, stress relieved before machining.

3.07. BOLTED CONNECTIONS

All bolted connections shall be slip critical joints connections, and shall be assembled in accordance with the requirements of AASHTO LRFD Bridge Construction Specifications or UNE-EN 1090-1 “Execution of steel structures” and UNE-EN 1090-5 “Supplementary Rules for Bridges”

3.08. INSPECTION AND TESTING

(1) Bridge components, or portions thereof, shall be dispatched to the Point of Delivery only after the required tests, analysis, and shop inspections of materials included therein have been completed and accepted by the Engineer, or unless certified reports or other evidence of compliance have been accepted by the Engineer, or unless inspection has been waived by the Engineer.

(2) All materials and components shall be subject to test and inspection while in the process of, and upon completion of, manufacture. The inspection and tests shall consist of:


(a) The tests and inspection required by the relevant Standards; (b) Test and inspections specified herein. (c) Loading and erection test: if required by the Engineer, a cantilever erection test and a loading test for a minimum-50-meter-span bridge shall be conducted by the Supplier and accepted by the Engineer following the loading and erection test procedures required on Clause 2.16 (2). The final inspection shall be done within one (1) month upon the arrival of the Goods at the Point of Delivery and shall be conclusive except as regards latent or hidden defects.

(3) Acceptance of materials or waiving of inspection shall in no way relieve the Supplier of supplying materials which meet the requirements.

(4) The Supplier shall provide access to the Engineer, and any person nominated by the Engineer in writing, to works for the inspection of materials and workmanship and the observation of any tests.

3.09. SURFACE PREPARATION - GALVANIZED FINISHES

(1) All cleaning and surface preparation of metalwork shall be performed by skilled personnel under the supervision of staff experienced in the surface preparation of metalwork.

(2) Weld spatter, burrs and any other objectionable surface irregularities shall be carefully removed or repaired before cleaning.

(3) Prior to the commencement of galvanizing process, the surfaces to be treated shall be thoroughly cleaned to bright metal by pickling, in accordance with “Steel Structured Painting Council’s” specification, SSPC-SP8, UNE-EN ISO 1441 or such other specifications as the Engineer may approve.

(4) Any part of the structure to be pickled shall be complete and in final condition before pickling is begun, unless otherwise authorized by the Engineer. All welding areas shall be given special attention for removal of weld flux slag, weld metal spatter, weld head oxides, weld flux fumes, slivers and other foreign objects before pickling. Any oil or grease contamination shall be removed by solvent cleaning or with a detergent solution prior to pickling operation.

(5) The Supplier shall use a steel grit or other silica free abrasive approved by the Engineer to obtain the required surface preparation and to produce the surface profile height specified for the particular coating. The abrasive shall be hard and sharp and free from dust.

(6) Blast cleaned surfaces showing plate surface defects such as scabs of sharp gouges shall be repaired as directed by the Engineer prior to the application of the coating system approved by the Engineer.

(7) Cleaned surfaces shall be kept free from any contamination and not be touched by bare hands. The operators shall wear fabric gloves of an approved type whilst carrying out cleaning and coating duties, and any areas inadvertently touched by hands or other bare parts of the shall be solvent cleaned immediately.


3.10. GALVANIZING

(1) The long term corrosion protection of bridge components shall be hot dip galvanizing for all exposed metal surfaces, including bolts, nuts and washers.

(2) The only metal component surfaces where long term corrosion protection is not required are those components to be embedded into concrete.

(3) Galvanizing shall be done by the hot-dip process according to AASHTO designation M 111 / M 232, or EN ISO 1461 / EN ISO 10684, and shall comply with the following:

(a) The design and selection of the proper steel for its suitability to be fabricated and to withstand normal galvanizing operation without embrittlement is the responsibility of the Supplier;

(b) The surface after galvanizing shall carry an unbroken coating of zinc, uniform in appearance and in thickness. The average weight and thickness of coating shall not be less:

Local Coating (minimum)

Mean Coating (minimum)

Steel Thickness mm

g/m2 µm g/m2 µm

Steel ≥ 10 mm 705 100 845 120

Steel ≥ 6 mm to < 10 mm 505 70 610 85

Steel ≥ 3 mm to < 6 mm 395 55 505 70

Steel ≥ 1.5 mm to < 3 mm 325 45 395 55

(c) The zinc used for galvanizing purpose shall be at least 98.0 percent pure; (d) The erection marks shall be legible after galvanizing.

(4) Subject to approval of the Engineer where an item is of a size or shape to render hot-dip galvanizing impracticable, approved method of surface preparation, zinc spraying or other method of coating may be adopted.

(5) All handling and storage system shall take into account the need to avoid damage as far as is practicable to the galvanized coating.

(6) Where the galvanizing coat has been broken during fabrication or damaged in handling, the exposed surface shall be painted as soon as possible in accordance with the following system:

(a) clean back to bright steel; (b) feather the edges of the surrounding galvanized coating; (c) degrees the surface; (d) apply two coatings of approved zinc rich primer giving a total thickness of 75

microns.


3.11. CERTIFICATES

(1) All raw material or form of processing supplied for the works shall, if requested by the Engineer, be accompanied by a certificate from the manufacturer certifying that the material has been manufactured in accordance with the standard formulation and that it conforms in all respects to the manufacturer’s quality control tests. All tests certificates showing the results of any physical testing on the raw material shall be supplied to the Engineer at no extra cost.

(2) This Clause shall specifically apply but not be limited to rolled products or sections, bolts, materials and manufacture of bridge bearings and galvanizing.


ARTICLE 4 DELIVERY AND SUPPLY

4.01. IDENTIFICATION AND PACKING

(1) All major components shall be stamped with a permanent easily identifiable mark or code number which shall be referenced to the drawings and manuals to be supplied by the Supplier. The marking system shall be approved by the Engineer.

(2) Small parts and minor components such as bolts, nuts and washers shall be placed in drums or wooden cases (maximum gross weight 1000 kg) for shipment with the identification or serial number clearly marked on the drum. Fabric, cardboard boxes and the like will not be accepted.

(3) Each item shall be made available for inspection by the Engineer prior to packaging and for inspection after processing and preparation for export shipment.

(4) The Supplier shall ensure that protective coatings on steel components shall not be damaged in any way during handling, transport or shipping. Any damage which occurs to the galvanizing on any of the components prior to completing the unloading at the Point of Delivery shall be the responsibility of the Supplier and shall be rectified by him at his own expense.

(5) All bundles for small parts and minor components are to be of robust construction, lined with sealed plastic envelope and securely bound with steel wire or straps. Each item is to be packed in such a manner that it cannot move within the container and cause damage or corrosion to itself or to other items in the case.

(6) Each piece, package, bundle or drum shall be clearly marked with a plastic label with the Contract number, the package identification number, the net mass, the gross mass, and the dimensions of the package.

(7) In addition each piece or sub-assembly separately packed for transport shall be labeled or tagged with the item number of such piece of the members of the parts grouped in such sub-assembly or contained in the package.

(8) Erection and maintenance manuals and drawings should be forwarded as required by Clauses 2.16(2) and 5.01(2) to the Office of the Purchaser.

(9) The packing shall be sufficient to withstand rough handling during transit and exposure to conditions in the tropics which may include extreme temperatures, salt and precipitation, where appropriate, and the handling facilities in use at all points in transit.

4.02. STORAGE

Storage and security of all completed or incomplete bridge spans shall be the responsibility of the Supplier until such time as the materials are delivered to the Point of Delivery.


4.03. DELIVERY (1) The bridge components shall be delivered to the Point of Delivery named in the

Special Conditions of Contract. (2) All deliveries to the Point of Delivery of bridge components shall be in units

made up of multiples of spans to include all such materials required for the complete erection of the bridge.

(3) Upon the issue of the Acceptance Certificate and full payment, the respective materials shall become the property of the Purchaser.

(4) The Supplier shall coordinate with the Public Works Department of Republic of Indonesia who will assist with the unloading and stacking of the component in abundance with a storage plan prepared by the Engineers. The ultimate responsibility for the safe and careful unloading of the component will remain the responsibility of the Supplier. The Supplier shall have a representative at the Point of Delivery to check the condition and quantity of all components.

(5) The cost of unloading, stacking and checking components shall be included in the rate for the appropriate good in the Priced Bill of Quantities.

(6) The Supplier shall guarantee that the Goods are delivered at the Point of Delivery within the time frame, so the Purchaser can arrange reception of the Goods with sufficient time in a suitable fitted-out warehouse in the Point of Delivery, obtain the import licenses, duty exemptions and any other permits and authorizations required in Indonesia necessary to import the Goods at the Point of Delivery.The delivery of the Goods shall be considered completed whenever there is written evidence that the Goods have been delivered in accordance with the terms of this GCC, Clause 0

The Supplier shall transport the Goods to the Point of Delivery. The Purchaser shall carry out the identification of the Goods with the purpose of checking that they comply with the Contract, no later than four (4) days from the date of notification of arrival of the Goods by the Supplier.

(7) The Purchaser shall provide the Project with suitable fitted-out warehouses in the Point of Delivery in order to protect the Goods from any risk of loss and damage since the moment of the delivery of Goods in the Point of Delivery until the issuance of the Acceptance Certificate by the Purchaser.


ARTICLE 5 PROVISION OF MANUALS AND TECHNICAL SUPPORT

5.01. MANUALS

(1) One (1) set of instruction manuals is to be provided for each type (span and width) of bridge supplied.

(2) The manuals should be written in English and Indonesian, shall be printed on good quality water resistant paper, bound or stapled between plastic covers. Two advance copies of the Manual for each bridge type are to be submitted to the Engineer for approval within four (4) calendar months after the Effective Date.

(3) The manual should clearly and concisely show for each type of bridge:

(a) General layout and Profile dimension. (b) General Bridge Specification including deck system, load capacity of bridge,

tolerances; (c) Component list of each bridge type, showing component number, or drawings

to assist with identification and weights of individual components; (d) Connection and gusset details; (e) Details of erection equipment and procedures illustrated by scaled diagrams

or photographs. Lifting points, bolt torques, (if applicable) and safety precautions should be included;

(f) List of deflection for the tip of the bridge during cantilever erection method; (g) Recommendation for tightening sequence and procedure of the bolts, during

erection as well as maintenance periods; (h) Specification and design drawings for deck system including materials

schedule and workmanship details; (i) Maintenance requirements.

(4) Following progressive approval of the Manuals by the Engineer, one set for each type of bridge should be forwarded to the Purchaser.

5.02. TECHNICAL SUPPORT

The following technical services shall be provided by the Supplier, if required:

(1) Technical Assistance - Standard and Special Trusses

The Supplier shall provide, if required, 2 (two) supervisors, during the service period of 360 calendar days, who are qualified and experienced in the erection of the steel truss bridge spans using the different erection techniques to be used. The technical assistance, when required, shall be performed free of cost for the Purchaser. The schedule of site visit and technical assistance will be on as needed basis.


The Supplier should also furnish to the Purchaser, all necessary information precautions, and instructions for safety handling of the steel bridges (and its components). Those should be considered and followed by both the transporters as well as the erection contractor. The Supplier should record and anticipate any foreseeable problems which may arise during any stage of the work from fabrication, delivery, transport, stacking and erection.

(2) Technical Training

The Supplier shall provide during the Contract Period the training services in Indonesia for the method of installation and maintenance of the bridging materials for a total of up to 60 trainees for 1 (one) periods of four (4) days each, to be conducted at 1 (one) places and at the same or different times.. The training shall be conducted in Indonesian language and the trainees shall have previous experience in installation and maintenance of bridging materials.

ANUNCIO DE LICITACIÓN DE PROYECTO PARA INDONESIA ... · concesionalels, tienen restringida su...

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