Annex 1 101
Annex 1
Procurement guidelines for tender
preparation, evaluation and award
of contract
INTRODUCTION
All procurement (and planning) must conform to the three pillars of Integrity,
Transparency and Accountability. These apply to all activities before construction,
the actual construction (especially if consultants and contractors are to be used)
and to the subsequent operation and maintenance of the structure and any related
infrastructure such as an irrigation scheme.
Procurement rules exist in most countries and for all international financing
agencies and these must be followed. These rules should encourage true and open
competition in tendering and contract award, open meetings and equitable and fair
distribution of information, effective monitoring and auditing of all processes and
implementation activities.
As part of the preparation work, and before any tender is advertised, the procur-
ing agency requires a realistic estimate (based on a good quality design and costing
process) of the cost of the structure with a breakdown of significant cost items. To
prepare such an estimate, an engineer (The Engineer) should be selected and be
appointed to not only carry out this preliminary work but continue to supervize
the contractor and ensure all works are carried out according to the design and to
the highest quality possible.
This estimate must be kept strictly confidential and there should be no links
between personnel having this knowledge and the bidders. Should the subsequent
bidding result in bids received that vary greatly from this estimate, questions
should be raised on the validity of the bids. Underestimates from bidders could
lead to poor contract performance and the need for changes and variations as the
contract proceeds and overestimates may suggest over pricing, cartel links or other
unrealistic bidding.
Decision-making criteria at all stages must be clear, justifiable and objective (with
a written record where needed) with no room for discretion at any time, especially
in the evaluation and comparison of the bids.
Prequalification of bidders for significantly expensive contracts or a series of small
contracts18 is recommended, but avoiding the possibility of establishing cartels.
This prequalification should be based on professional competence (staff and equip-
ment), relevant experience, financial capability and integrity. Any contractor or
consultant that has recent, relevant convictions or has been disbarred for irregu-
18 Awarding contracts for a number of small dams in one area, or for one project as one overall contract,
may result in economies of scale in mobilization, the use of plant and equipment and in supervision.
, 102 Manual on small earth dams
lar, financial activities, or failure to complete contracts, should not be allowed to
prequalify.
PREPARATION WORK
The preparation of tender and contract documents, including all survey and design
work needed to prepare quantities and guideline costings, should take place in good
time. If funds are to be sourced from international lending agencies or donors, their
guidelines will have to be followed and examples of advertisements and documents
from such organizations should be obtained at the beginning of this process.
Preparation may require the application for land and water rights, environmental
impact assessments plus any needed compensation or resettlement plans. These
must be completed before the dam construction can be approved and allowed to
proceed.
In many places, construction can only take place in the dry season when river levels
are low, access to the site easier and moisture control for compaction possible.
Thus, the design and tender process should take place in the rainy season and be
timed to be completed by the beginning of the next dry season in time for mobi-
lization of plant and equipment as the ground begins to dry out. Clearing access
roads, felling and removing trees and stripping foundation areas is often best begun
before the ground has completely dried out. The end of one rainy season and the
start of the subsequent dry season are the best times for this.
ADVERTISEMENT OF THE TENDER
Always include a site visit in any tender advertisement and award procedure.
The tender advertisement period has to take into account the need for approval
(usually at the advertisement and award stages) from the lender or donor, the need
to adhere to local or national government regulations and bureaucratic procedures,
whether it will be advertised internationally, regionally or nationally and the scope
of works. A tender for one small dam could be advertised nationally and potential
tenderers given 6 to 8 weeks to respond, including site visits and collection of docu-
ments. Thus, the tender period for this, including advertisement and evaluation
could be around 12 weeks.
A series of dams being funded by one or more donors may require international
advertisement with time for potential bidders to collect documents, make site
visits and prepare timetables and bids (in their home countries). Such a tender may
require up to 20 weeks to complete with further time required for the winning
bidder to mobilize.
The more complicated the works and the size and number of dams to be built, the
longer the tender process will take. Guidelines to assist in the preparation of tender
and contract documents, and in the award of a contract for a simple project involving
only one or two small dams, are given below:
The evaluation modalities (see details hereafter) – or any modified equivalents –
are to be attached to every tender document to permit bidders to understand the
proposed evaluation process.