ARAB REPUBLIC OF EGYPT

UPPER EGYPT LOCAL DEVELOPMENT

PROGRAM (UELDP)

PROGRAM OPERATIONAL MANUAL

TECHNICAL VOLUME 3: FIDUCIARY MANUAL

Part A: Procurement Manual

January 16th, 2018

List of Guide to Procurement and Contracting Procedures Introduction ............................................................................................................................................................................................................... 4

Guide Objectives and Scope of Application .............................................................................................................................................................. 4

Rules of Conduct and Fighting Corruption (Illegal Acts) ............................................................................................................................................ 4

Definitions ................................................................................................................................................................................................................. 6

Part I - General Principles and Provisions Governing Procurement ........................................................................................................................... 9

1.1 Objectives and Principles of Procurement System ............................................................................................................................................. 9

1.2 Competent Authority and Delegation of Powers of Decision ............................................................................................................................. 9

1.3 Annual Procurement Plan and Publication ......................................................................................................................................................... 9

1.4 Non-Wholesale ................................................................................................................................................................................................. 10

1.5 Conflict of Interest ............................................................................................................................................................................................ 10

1.6 Procurement System Records and Retention Requirements of Purchase Documents and Decisions .............................................................. 10

1.7 Registration in Suppliers and Contractors Registry............................................................................................................................................ 11

1.8 De-registration of Suppliers and Contractors Registry ...................................................................................................................................... 11

1.9 Prequalification and Use Cases ......................................................................................................................................................................... 11

1.10 Prequalification Procedures............................................................................................................................................................................. 12

1.11 Procurement Methods for Procurement, Business and Non-Consultancy Services and Terms of Use .......................................................... 13

1-12 Framework Agreement ................................................................................................................................................................................... 14

1.13 Financial Limits for Use of Procurement Methods in Goods and Business ..................................................................................................... 14

1.14 Methods of Competition for Providing Advisory Services and Terms of Use ................................................................................................. 14

1.15 Insurance of Movables, Works and Insurance required by Consultants ......................................................................................................... 15

1.16 Technical Specifications for Goods/Commodities, Services and Non-consulting Services ............................................................................. 16

1.17 Purchase Order ................................................................................................................................................................................................ 16

1.18 Statement of Reasons for Bidder and Bids Unqualified for Awarding ............................................................................................................. 16

1.19 Bidders Right and Offers to Objection and Appeal ......................................................................................................................................... 16

1.20 Powers and Duties of Procuring Entity Regarding Objections of Bidders and Offers ..................................................................................... 17

Part II - Methods and Procedures for Purchase of Movables/Goods and Non-consultancy Work and Services ..................................................... 17

2.1 General Bid ....................................................................................................................................................................................................... 18

2.2 Publication/Announcement ............................................................................................................................................................................... 18

2.3 Bid Documents and Determining Price of their Sale ......................................................................................................................................... 18

4.2 Initial Insurance ................................................................................................................................................................................................ 19

2.5 Pricing of Requirements Table for Commodities and Bill of Quantities for Non-consultancy Work and Services ............................................ 19

2.6 International Shipping Terms (INCOTERMS 2010) ............................................................................................................................................. 20

2.7 Two Envelopes Offer - Technical and Financial ................................................................................................................................................. 20

2.8 One Envelope Offer .......................................................................................................................................................................................... 20

2.9 Deadline for Submission of Bids and Determination of Validity of Bids ........................................................................................................... 20

2.10 Inquiries of Bidders ......................................................................................................................................................................................... 21

2.11 Pre-Bidding Meeting and Site Visit ................................................................................................................................................................. 21

2.12 Amending Bid Documents .............................................................................................................................................................................. 21

2.13 Formation of Opening Committees and Awarding Recommendation Committees (Decision) ...................................................................... 21

2.14 Procedures for Public Opening of Technical Envelope ................................................................................................................................... 22

2.15 Technical Evaluation Procedures, Announcement of Responding Bids and Application of Suspension Period ............................................. 22

16.2 Public Opening Procedures of Financial Envelope .......................................................................................................................................... 23

2.17 Financial Evaluation Procedures, Application of Local Preference and Subsequent Qualification, Nomination of Award, Application of

Suspension Period and Signing of the Contract ...................................................................................................................................................... 23

2.18 Price Stability and Abnormally Low Bids ......................................................................................................................................................... 24

2.19 Dissemination of Contract Information .......................................................................................................................................................... 25

2.20 Cases of Rejection of all Bids and Approval of Competent Authority ............................................................................................................. 25

2.21 Final Insurance and Contract Signature .......................................................................................................................................................... 25

2.22 Limited Bidding Procedures ............................................................................................................................................................................ 25

2.23 Direct Agreement Procedures without Purchase order .................................................................................................................................. 26

2.24 Purchase of Low-cost, Non-advisory Movables, Works and Services by Purchase Order Method .................................................................. 26

PART III - Methods and Procedures for the Use of Consultants ............................................................................................................................. 27

3.1 Procedures and Steps to Compete in Hiring Consultants According to Method of "Quality and Cost"............................................................. 27

3.2 Procedures and Steps to Compete in other Methods of Selecting Consultants ............................................................................................... 27

3.3 Formation of Opening Committee and Study Committee and Award Recommending .................................................................................... 28

3.4 Setting Terms of Reference .............................................................................................................................................................................. 28

3.5 Cost Estimation ................................................................................................................................................................................................. 28

3.6 Declaration of Interest ...................................................................................................................................................................................... 28

3.7 Selecting Short List ............................................................................................................................................................................................ 29

3.8 Request for Proposals ....................................................................................................................................................................................... 29

3.9 Deadline for Submission of Bids and Opening of Technical Envelopes ............................................................................................................. 30

3.10 Technical Evaluation, Approval of Competent Authority, Informing Technically Accepted Applicants and Application of Suspension Period

................................................................................................................................................................................................................................. 31

3.11 Public Opening of Financial Envelope ............................................................................................................................................................. 32

3.12 Procedures of Financial Evaluation and Nomination by Award ....................................................................................................................... 32

3.13 Award Negotiations and agreement on the draft contract in terms of methods of choosing "Quality and Cost", "Lowest Price" and "Fixed

Budget" .................................................................................................................................................................................................................... 33

3.14 Approvals Required by Competent Authority During all Stages of Competition for Consultancy Services .................................................... 33

3.15 Publishing Contract Information on Procuring Entity’s Website and Government Services Authority’s Website .......................................... 34

Section IV - Contract Management ......................................................................................................................................................................... 35

4.1 Contract Management Plan and Financial and Administrative Provisions ....................................................................................................... 35

4.2 Advance Payment and Bank Guarantee ........................................................................................................................................................... 35

4.3 Site Delivery ...................................................................................................................................................................................................... 35

4.4 Cost Control Procedures, Execution Duration and Quality ............................................................................................................................... 35

4.5 Modification of Contract and Change Orders Procedures ................................................................................................................................ 35

4.6 Waiver of Contract ............................................................................................................................................................................................ 36

4.7 Subcontracting Procedures ............................................................................................................................................................................... 36

4.8 Violation of Contract Terms and Corrective Actions ......................................................................................................................................... 36

4.9 Price Adjustment Formula ................................................................................................................................................................................ 36

4.10 Periodic Payments .......................................................................................................................................................................................... 37

4.11 Delay Penalties ............................................................................................................................................................................................... 38

4.12 Initial Receipt/Test Run to Measure Performance Efficiency According to the Contract ............................................................................... 38

4.13 Formation and Work of Initial Receipt Committee ......................................................................................................................................... 38

4.14 Payment on Initial Delivery ............................................................................................................................................................................. 39

4.15 Obligations of Contractor and Supplier During Maintenance Period ............................................................................................................. 39

4.16 Final Acceptance ............................................................................................................................................................................................. 39

4.17 Payment on Final Receipt and Final Consignment (Clearance)........................................................................................................................ 39

4.18 Ways to Resolve Disputes (Judgment) ............................................................................................................................................................. 40

4.19 Arbitration ...................................................................................................................................................................................................... 40

Annex 1 Procedures of Objection and Appeal in Bids and Practices Under Results-based Local Development Program in Upper Egypt ............. 41

Annex 2 Financial Limits for Selecting Procurement Methods for Movables, Works and Services and Competent Authority to Amend Contracts

................................................................................................................................................................................................................................. 79

Introduction

In the framework of the UELDP, upon which a loan agreement is made between the Arab Republic of Egypt

(Borrower) and the International Bank for Reconstruction and Development (Financer) to provide an amount of US $

500 million to implement the Program in Qena and Sohag governorates, and after approval of House of

Representatives of Loan Agreement.

As part of the legal requirements of the Loan Agreement, the Borrower is obliged to approve a Program Opeations

Manual (POM) in agreement with the World Bank, which includes in one of its sections the Procurement and

Contracting Guide to be executed within the Program framework.

The provisions of the Implementing Regulations of Law No. 89 of 1998 and its amendments, shall apply in respect of

which has no provision in this Guide. The Program shall also be excluded from requirements of Prime Minister's

Decision No. 122/2015 on financial discipline and any other decisions on financial discipline.

Guide Objectives and Scope of Application

The objective of this Guide is to organize and standardize procurement procedures under UELDP, whether purchased

in the Program's annual investment and expenditure covering btoh governorate expenditures under chapter 6 and

chapter 2 or through the extended projects assigned by either of the two governorates to the competent

departments of the ministries of infrastructure and public utilities companies located in the concerned governorate

regardless of the source of funding either from the loan agreement or the financial allocations of the Program by the

Egyptian government. The provisions of this Guide shall apply to all procurement procedures starting with the

annual planning of the purchase, setting the technical specifications, estimating the expected cost (estimated price),

preparation of the bid documents (conditions booklet), forming the committees, executing the envelopes opening

operations, technical and financial evaluation, on its implementation.

This Guide documents the procedures to be applied to each step of the contracting process by the local

implementation units (LIU) or by the departments of governorates or ministries concerned with infrastructure

services and public service companies in the two provinces (on behalf of the governorate and under LIU supervision).

The underlying objectives are as follows:

1. Get the best "value for public money"

2. Ensure transparency and equal opportunities for all bidders

3. Strengthening the national business sector and national products

4. Combating corruption and illegal acts

That the instructions in this Guide are applicable in the procedures for the submission of bids and the

implementation of contracts for works, services, services and request for offers of consultants carried out by the

Program local implementation units in the two governorates (LIU) or under their supervision and by the departments

of ministries concerned with infrastructure services in the two governorates within the framework of the existing

local development Program on results in Upper Egypt.

Rules of Conduct and Fighting Corruption (Illegal Acts)

The following definitions of corruption or illegal conduct are adopted in this Guide:

Bribery: Any offer, giving, receipt or request, whether directly or indirectly, of anything of value in order to

unreasonably affect the actions of another party during the contracting process or the execution of the contract.

Fraudulent Practice: Any act or omission, including misrepresentation/misrepresentation, which knowingly or

recklessly misleads another party for financial or other benefit, or to avoid an obligation, affect the contracting

process or execution of the contract.

Obstructive Practice: Any intentional destruction, alteration or concealment of evidence or making false statements

in order to obstruct investigative or inspection tasks and to audit procurement processes in accordance with

applicable procedures and laws.

Collusive Practice: Any arrangement between two or more parties before or after the submission of the bid for the

purpose of influencing the actions of another party to divide the contracts between the bidders or to fix bid prices

within artificial or non-competitive levels to deprive the procuring entity of the benefits of free competition .

Coercive Practice: Any weakening, damage, or threat of impairment or damage, directly or indirectly, to any party or

property of that party to influence its actions and participation in the contracting process or to execute the contract.

All administrative staff responsible for procurement must refrain from any of the above defined acts of corruption

and abide by ethical principles and codes of conduct referred to in Law 89 and its executive regulations and in this

Guide in all purchases through:

1. Adhering to the highest standards of honor and integrity in all relationships that arise during the stages of

competition for contracts and the establishment and implementation, whether within the administrative body

in which they work or outside.

2. Use of funds and other available resources with full responsibility to achieve the public interest of the

administrative body.

3. To comply with all legislation and instructions of this Guide and to meet the contractual obligations.

4. Neutrality and independence in all purchases.

5. Commitment during the performance of the job assignment by providing real, fair and not misleading

information.

6. To maintain the required level of cooperation and integration between the employee concerned, the officials

of the administration and other official or governmental bodies concerned.

7. Avoid conflict of interest or the possibility of appearing in the performance of tasks and duties.

8. Respect for the confidentiality of information during the performance of the duty of employment and not to

be used for special gains or for the benefit of any competitor or contractor.

9. Deal with all competitors fairly and impartially and avoid any action that may prevent the effective application

of the principles of equality and equal opportunities between competitors.

10. Maintain a good working relationship with the contractors in order to execute the contracts according to the

requirements of the administrative body and the Program and avoid any kind of problems or disputes.

11. Avoid immoral behavior in the purchasing profession such as:

a. Receive donations or gifts from any of the contestants or contractors, either directly or indirectly.

b. Acceptance of any employee of the procurement business, any donations or donations from persons who

work as contractors with the current or potential administrative authority.

c. Request or accept money, travel, meals, gifts, services, discounts or anything of material value from the

participants in the bid, who were or were contracted with the administrative body.

d. Discuss accepting or obtaining a future job from any participant of the bid or contractors.

12. Avoid behaviors and prohibited actions such as:

a. Disclose any information to any participant in a bid or is likely to be involved in a bid, directly or indirectly;

b. Discuss the procurement process with any bidder, or with any potential bidder, other than the

procurement rules and procedures;

c. Bias in favor of a participant in the auction or likely to participate in the auction, or a distinction between

participants in the preparation of technical specifications and evaluation criteria or in the process of

analysis and evaluation;

d. Destroy, damage, conceal or modify any official documents of any procurement;

e. Any lessee of any employee in any other body shall request any act of procurement in violation of the

provisions of this Guide;

f. Waive any evidence of a violation of the law, executive regulations and this Guide by any of the

procurement officers;

g. Any illegal or unethical conduct or activity may be tolerated by the participants in the bid or potential

participants in the bid, including any offer of personal incentives or rewards.

The senior officials in the administrative body shall, in their respective capacities, undertake the following:

a. Issuing instructions and instructions to employees, which prevents the possibility of being accused of fraud

and corruption and protects them from false accusations;

b. Encourage employees to follow ethical principles and codes of conduct and create a transparent working

environment;

c. Emphasize the commitment of staff to maintaining and maintaining documents and records;

d. Establish appropriate levels of delegation of financial powers.

Bidders and tenderers participating in the competition for procurement or potential participation or contractors

must abide by the ethical principles and codes of conduct referred to in Law 89 and its Executive Regulations and this

Guide and refrain from any corrupt conduct such as bribery, fraudulent acts, disability, complicity or defined in this

Guide. Any person found to be involved in any of the corrupt acts of legal liability, in addition to the deletion from

the records of the dealers with the administrative authority. The bid documents and the terms of the purchase

contracts shall provide for the right of the administrative authority to cancel the contract with the supplier,

contractor or service provider if it is proven that he is involved in the fraud and corruption known above whether

during the competition for the contract or the execution of the contract, of the records of employees with the

administrative authority and its right to refer it to the competent authorities for legal accountability.

Definitions

Movables/Goods: All that can be transported without damage such as different goods, raw materials, machinery

and equipment.

Works: Means all works associated with the construction, reconstruction, demolition, restoration or renovation of

buildings, structures, installations, infrastructure or facilities, such as construction, excavation, construction,

construction, paving, construction, decoration and finishing, as well as auxiliary services associated with

construction, Maintenance, commissioning and other services if the value of these services does not exceed the

value of the construction itself.

Services: Services that are both consulting and non-consulting according to context.

Non-advisory Services: Services that are contracted on the basis of material work performance that can be

characterized; such as maintenance, security, cleaning, soil testing, mapping, satellite, software development,

transportation services, exudation/clearing services and other similar activities.

Consulting Services: Services that are of an intellectual or guiding nature such as technical and professional services

or engineering, economic, financial, administrative or legal studies implemented and provided by specialized

consultants and qualified in the services required to be implemented, either in management or design or supervision

of implementation or evaluation or receipt.

Working Days: Means official working days in the concerned administrative authority without counting the weekly

and official holidays

Bid: All documents submitted by the supplier, contractor or service provider shall comply with the requirements of

bid documents, including prices for delivery of supplies, completion of works or provision of services.

Offers: All documents submitted by the consultant in compliance with the requirements of the Request for Proposals

Documents, including technical and financial offers for the execution of the Services.

Supplier: The natural or legal person who has the professional and legal authority to supply the Goods/Commodities

whether or not they are registered in the supply registers.

Contractor: A natural or legal person who has the professional and legal authority to carry out the construction,

installation, restoration and maintenance of buildings, infrastructure, and civil and industrial construction whether or

not it is restricted in the supply records.

Consultant: The natural or legal person who has the professional and legal authority to provide consultancy services.

Bidder: Means the supplier, contractor or service provider who buys the bid documents from the administrative

authority and offers its price to meet the purchase requirements, confirming his desire to contract with the

administrative body under the provisions of this Guide.

Contractor: The supplier, contractor, service provider or consultant who wins the bid, the bid request or any other

method of purchase offered by the procuring administrative authority, and upon which the contract is signed with

the administrative authority.

Bill of Quantities: means the table containing the descriptions, quantities and prices of the paragraphs required to

be executed under the contract.

Table of Requirements: A table that includes descriptions and quantities of movable items and non-consultancy

services required to be executed under the contract for the supply of movables or a table containing descriptions

and quantities of services/activities to be executed in contracts for the purchase/receipt of non-consulting services.

Terms of Reference for the Advisory Function: means the description of the consultancy services requested by the

procuring entity and containing the information described in paragraph 3-4 of this Guide.

Local Preference: The incentive used to encourage contracting to supply movables/goods produced in the Arab

Republic of Egypt or to carry out works by Egyptian contractors means giving them a margin of preference of 15%

when evaluating their bids compared to the lowest bid that presents foreign manufactured goods or a bid for the

execution of works submitted by a non- It also represents an incentive to strengthen the participation of Egyptian

consulting services providers in evaluating the offers of consultants, which includes the use of Egyptian experts, all

according to the provisions of this Guide.

Guide: A set of procedures applicable to each step of the procurement process issued and approved by the Program

Regulation Committee to achieve the highest procurement objectives in the implementation of the results-based

local development Program in Qena and Sohag governorates.

Program: A local results-based development Program in Upper Egypt.

Post-qualification: The procedures for evaluating the qualifications of the bidder by the study committee and

recommending the nomination as a final stage of the evaluation of bids means to ascertain only the qualifications

and qualifications of the candidate for the award before accepting his bid.

Administrative Authority (procuring/contracting entity): one of the two provinces according to context or one of

the departments of the ministries responsible for the provision of infrastructure services in the two governorates

benefiting from the results-based local development Program in Upper Egypt, including the public companies of the

different ministries, And contracts under the Program.

Standstill Period: The period starting from reporting the result of the technical evaluation or sending the notice of

candidacy nomination specified in this Guide is seven (7) working days during which the administrative authority

cannot open the financial envelopes or accept the bid or the winning offer and sign The contract and the bidder and

the bidder can object to the decision as a result of the technical evaluation announced or the intention to award the

case as the case may be.

Written: Any literal or digital expression that can be read, reprinted and subsequently reported, and may include

information transmitted and stored electronically.

Pre-qualification: A procedure that may precede the public bid, which aims at verifying, prior to the submission of

the bid documents, the availability of the required bases for the contractors of the design, supply and installation

contracts or the non-consulting service providers or the businesses to invite them to participate in a planned

procurement process, to the requirements contained in the qualification documents, including their technical ability,

financial and administrative capabilities, the size of their obligations and their ability to perform, in proportion to the

planned process.

Bid Documents: The model documents adopted by the Program Regulation Committee or its representative for use

by the administrative bodies in the procurement process and obtaining the competitive prices of the bid suppliers

and the non-consulting services and services according to the context and the contents thereof as indicated in

paragraph 2.3 of this Guide.

Offers Request Documents: The model documents approved by the Program Regulation Committee or its

representative for use by the administrative bodies in regulating the solicitation of consultancy services and their

contents shall be as indicated in paragraph 3-8 of this Guide.

Framework Agreement: An agreement between one or more administrative authorities with one or more suppliers

or service providers. Its purpose is to determine the conditions governing the contracts to be transmitted during a

given period with respect to the prices, the expected quantity and the potential for competition between the parties

to the Convention Suppliers/service providers as described in paragraph 1.12 of this Guide if provided for in the

terms of the Agreement.

ECO-Label: A certificate issued by official bodies such as the European Union and others that prove that the goods to

which this label is attached are less environmentally harmful than similar goods that have not been certified by this

mark in terms of the negative impact on the environment during Manufacturing processes (performance) and

recycling at the end of the life of the product.

Argonmeter: means designs that meet the physical and sensory comfort of man

Logistics Arrangements: arrangements for delivery of the site, bank guarantees, insurance documents, travel tickets,

etc.

Initial Selection: The short list in the selection of consultants and the list of invitees in the limited bids.

Program Local Implementation Unit (LIU): Any of the two units that are established in Qena and Sohag

governorates, which are responsible for planning and following up the good implementation of the Program in

coordination with the other administrative bodies involved in the Program.

Part I - General Principles and Provisions Governing Procurement

1.1 Objectives and Principles of Procurement System

The main objective of the procurement system is to achieve "the best value for money" by applying the principles of

economy, efficiency and effectiveness, transparency, equal opportunities, accounting, fighting corruption and

supporting national production in the procurement processes carried out by the administrative agencies

implementing the results-based local development Program. Upper Egypt, as follows:

The best value for money: It means that the best bids or offers are made to the contracting authority in terms of

price, technical specifications and other conditions by applying the evaluation criteria specified in the bid documents

such as cost, quality/quality and the length and place of delivery including the cost of operation or ownership

throughout the service period (or the scope or duration thereof) if the evaluation criteria provide for it.

Efficiency: It means obtaining the procurement need within the period specified in the procurement plan and with

the minimum resources allocated to manage the competition and contract execution.

Effectiveness: The most appropriate solutions and technical specifications to suit the intended purpose of the

procurement process.

Transparency: The proper and accurate follow-up of the bidding procedures, as announced in the bid documents,

means that the detractors can be assured of the neutrality of the competition and the absence of any undeclared

decision or action;

Equal Opportunity: means non-discrimination between participants in the competition or the initial choice whether

in the application of criteria of selection or evaluation or access to information;

Accounting: The employees of the administrative bodies involved in the procurement process are subject to legal

accountability in the case of proven involvement in any violation of the provisions of this Guide and apply the

penalties stipulated in the laws and legislations in force.

Fighting Corruption: It means the commitment of the administrative staff, bidders, and participants in the

competition or their potential participation, as well as the contractors, to refrain from any corrupt or fraudulent

behavior, disability, collusion, or short behavior as defined in this Guide.

Support of National Production: The possibility of the text of the bid documents or solicitation of consultants'

proposals on the basis of any movables/goods that meet the legal percentage of the Egyptian industrial component

or any works of contracting or services carried out by the Egyptian authorities are less price if the price increase does

not exceed 15% Value less foreign bid.

1.2 Competent Authority and Delegation of Powers of Decision

The Governor shall be the competent authority in making the decisions regarding the procurement procedures and

shall have the power to decide on all decisions related thereto. The governor may delegate in any of his powers the

head of the local implementation unit (LIU) in the governorate or any of the department heads in the governorate,

the service directorates (departments of the ministries) or the heads of local units according to the limits of the

financial accreditation authorities which he sees from time to time.

The Governor shall be entitled to decide on the procedures and decisions for which no provision has been made in

this Guide.

1.3 Annual Procurement Plan and Publication

The Program local implementation units (LIUs)in the relevant governorates, in coordination with the concerned

departments of each of the ministries concerned with the infrastructure services in the governorates, prepare the

annual procurement plan for the local results-based development Program in Upper Egypt at the appropriate time of

each year (not later than the date of publication) The tenth month of the fiscal year preceding the time of

commencement of the annual procurement plan, the subject of publication or immediately in preparation of the

plan for the first year of the work of the Program) in accordance with the funds allocated under the Program. The

annual purchase plan shall indicate all contracts to be submitted for competition during the fiscal year, exceeding

the estimated amount determined by the competent authority, including all bids in addition to competition for

consultancy services. The annual procurement plan must show the exact timing of each step of the bidding process,

competition and approvals required by the competent authority, where necessary. At least the annual procurement

plan should indicate the following basic data:

a. Project name.

b. Project implementation site.

c. Name and number of each contract to be executed during the fiscal year

d. The amount of the financial appropriation for each contract included in the plan

e. The method of competition to be established for each contract

f. The required time periods and the date of obtaining the approvals of the Competent Authority for each

contract (for all competitive and awarding steps) according to the amount allocated for it

g. The date of the announcement of each contract.

h. Opening date of envelopes for each contract.

i. Period of analysis and evaluation and approval of the competent authority to decide on each contract.

j. Break period.

k. Date of signing the contract.

l. Date of commencement.

m. Date of completion.

2. The procurement plan shall be submitted to the competent authority for final approval.

The Annual Purchase Plan (except (d) above) is posted on the Local Implementation Unit's web site for the Program

and posted on the Government Services Portal www.ebids.gov.eg

1.4 Non-Wholesale

The purchase requirements of any of the items may not be divided into several parts (bids or others) for the purpose

of circumventing a less competitive procurement method than is applicable according to the instructions of this

Guide.

1.5 Conflict of interest

The bidder or tenderer should not be in a conflict of interest situation with regard to competition or the execution of

the contract that is proposed by the administrative body. The following are situations of conflict of interest:

For contracts of movable contracts and non-advisory services and services:

a) If the bidder submits immovable movables, works or services resulting from the prior implementation (or

execution of an affiliate or a controlling company or a company having control over its business), a related

advisory function. This requirement does not apply in the case of a consortium of companies that apply to

compete for turnkey contracts.

b) If the bidder or one of his employees has a business relationship or a relationship with the employees of the

administrative body or its agents who:

1. They have a role in preparing bid documents, technical specifications or evaluating bids

2. They will have a role in supervising the execution of the contract

c) If the bidder has not complied with any other requirements mentioned in the bid documents in order to avoid

conflicts of interest.

For competition consulting services contracts:

The administrative body expects the consultants to carry out their tasks professionally, objectively and impartially

and to put their interest in the priority of their interests without being influenced by the prospects of future job

opportunities for themselves and avoid conflict of their task with the administrative body with any other tasks they

do. Therefore, the administrative authority determines the conflict of interest in the bid documents for each task.

1.6 Procurement System Records and Retention Requirements of Purchase Documents and Decisions

The procuring entity shall keep the following records (electronic and, if possible, electronic) relating to the

procurement and registration of suppliers, contractors, consultants and other service providers:

a) Register No. (1) to bind suppliers, contractors, consultants and other service providers according to their

classification

b) Register No. (2) for the registration of those prohibited from dealing

c) Record No. (3) to record the samples received

d) Register No. (4) to record all purchases and serial numbering for each financial year

The Procurement and Contracting Department of the Governorate and/or the other concerned administrative

authorities shall maintain a separate file for each procurement process for the period prescribed by the

administrative body, in a case not less than five years in the case of purchases of the local development Program

based on results in Upper Egypt. The file of each purchase must contain the following documents and documents at

a minimum:

1. Copy of the purchase order signed by the competent authority with reference to the purchase order

number/reference in the annual purchase plan

2. Copy of the bid announcement

3. Copy of the bid documents and any numbered and dated amendments issued thereon

4. Copy of the initial selection report for bids and restricted practices and selection of consultants

5. Copy of the prequalification documents and the prequalification report

6. Copy of the inquiries of the bidders and the reply of the procuring entity

7. Copy of the minutes of the meeting before the decrease, if any

8. Copy of the minutes of opening the technical and financial envelopes

9. Copy of the technical and financial evaluation reports and the approvals of the competent authority thereon

10. Copy of the objections of the contestants before the procuring entity or the independent committee and the

decisions issued thereon.

11. Copy of the contract and any amendments thereto

12. Copy of the initial and final receipt report.

13. Registration in suppliers and contractors register

1.7 Registration in Suppliers and Contractors Registry

The purchasing and contracting department and/or other administrative authorities in the two governorates

concerned shall maintain a paper and electronic record (if possible) for suppliers, contractors, service providers and

consultants who wish to participate in the bids submitted by the administrative body according to the requirements

of the registration booklet, subject to the provisions of the Egyptian Federation of Construction and Building

Contractors And any other laws regulating the classification of contractors, suppliers, service providers and

consultants. Registration opportunities are provided to suppliers, contractors, service providers and consultants on

an ongoing basis, as well as through periodic announcements by the administrative authority. The purchasing and

contracting department is responsible for the continuous updating of these records, in addition to or deleting them.

1.8 De-registration of Suppliers and Contractors Registry

If it is proved that a contractor, supplier or service provider has grossly violated the terms of any previous or current

contract with the administrative body or has been implicated in any of the corruption practices defined in this Guide

or has been proven to have concealed from the administrative authority the fact that it is in conflict Interests either

during the competition for the contract or during its implementation may be with the consent of the Governor to

remove his name from the registry for a specified period after listening to his defense and retain the right to

grievance according to Annex Number one of this Guide. All the administrative bodies concerned with the Program

are obliged to trade the records of the contractors, suppliers or service providers among themselves and to commit

to the implementation of any write-off that has been finally approved by one of them.

1.9 Prequalification and Use Cases

Prequalification is primarily used to compete for large and complex business contracts such as individual contracts of

responsibility for the design, supply, installation and operation of plants and others, with the possibility of use in

non-consulting, high-cost and complex service contracts.

1. Ensure that those who have the necessary expertise, technical and financial capacity and resources to execute

the required contracts are invited, such as:

Construction works/non-consultancy services with a period of more than 12 months

Design, supply, installation and operation works of a single liability or turnkey system.

Non-advisory services, which the administrative authorities consider necessary prior qualification.

2. Avoid any disputes that may arise at the time of submission if the lowest bids are taken in terms of price and

the bidder does not meet the qualification requirements.

For the aforementioned bids, the administrative body must follow the prequalification procedures in order to

identify a list of contractors or companies implementing non-consulting services that meet the qualification criteria

specified in the prequalification document prepared by this department.

The prequalification announcement is published in a wide-spread newspaper, on the administrative website, as well

as on the GSA website. If the bid is international, it may also be published in a specialized external newspaper.

1.10 Prequalification Procedures

The administrative authority must use the typical prequalification document issued by the Program.

Prequalification criteria:

a. Prequalification criteria are defined in the prequalification document to ensure transparency of procedures.

Qualifications of applicants for qualification are assessed on the basis of success or satisfaction for each of the

criteria listed in (b) below and must be demonstrated in the prequalification documents.

b. Prequalification criteria should only relate to the applicant's ability to perform the contract, the subject of the

competition, and must be expressed in the form of minimum or number (value/number) requirements for the

applicant to demonstrate that he or she has successfully met or failed. Qualification. No higher limit shall be

set for the number of contractors/suppliers/non-consulting service providers who will be qualified according

to the criteria mentioned in the prequalification documents. The qualification criteria included in the

prequalification documents should be as follows:

1. Minimum previous experience (special and general experience) in carrying out similar works supported by

documents and certificates of achievement;

2. Minimum production capacity in terms of providing mechanisms and equipment for construction work and

the ability to process the raw materials required for the execution of the contract;

3. Financial ability and bank facilities available to the applicant for qualification and specifically designated for

the contract subject of qualification;

4. Provide sufficient number of technical and administrative staff with the potential and expertise of the

nature of the work;

5. Administrative structure and legal records of the establishment of the company and valid legal licenses

issued by the countries to which the companies belong;

6. History of legal disputes of the applicant regarding the implementation of previous or current contracts

within the period specified in the prequalification documents.

Applicants who have not been able to demonstrate their abilities according to the above criteria/minimums and as

identified in the prequalification documents are not eligible. The administrative authority may grant conditional

prequalification to any of the rehabilitation applicants, provided that it proves in its bid documents that it has

addressed its deviation from the criteria required in 2 and 4 above and that it has fully responded to the conditions

of the procuring entity when submitting it.

1.11 Procurement Methods for Procurement, Business and Non-Consultancy Services and Terms of Use

The contract for the purchase of movables and business contracts and the receipt of non-consulting services through

the "public bid" and the competent authority to agree, upon a request caused by the Department of Procurement

and Contracting in the administrative body, to follow one of the following methods of procurement if the conditions

listed below apply to the purchase process:

1. Limited Bid: Used to purchase movables from complex equipment available only to a limited number of

suppliers or contracting and non-consulting specialized services requiring technical and managerial

competencies available to a limited number of contractors and service providers. It is also used in the

purchase of movables and contracting for non-consulting business and services with an estimated value that

does not exceed the limit specified in this Guide, which are widely available and highly competitive in the

Egyptian market. The selection of contractors, suppliers or service providers invited to participate in the bid

from suppliers/Service providers registered in the Procurement and Contracting Department of the

administrative authority, as well as those interested in supplying these requirements upon the publication of

the annual procurement plan, and the procuring entity determines that they have the required qualifications.

The Model Bid Documents issued by the Program are used for placement under the Limited Bidding Method.

2. Local Bid: Used for the purchase of movables, simple business contracts, and non-consulting services, which

are available competitively in the governorate. The bid is invited by advertising on the bulletin board in the

administrative authority and on its website and only allows the suppliers, contractors or service providers

registered in the governorate to compete. The period of competition until the deadline for the opening of the

technical envelopes shall not be less than 10 days. In case of urgency, after obtaining the approval of the

competent authority, a shorter competition period of not less than three working days shall be allowed and

the declaration may be replaced by a letter of invitation to decrease to the largest possible number of

suppliers/contractors/service providers registered in the Procurement and Contracting Department Allowing

non-invited and unregistered to compete, provided that the unrestricted bidder meets the registration

procedures of the procuring entity in the case of awarding the contract. The model bid documents issued by

the Program are used for placement under the local bidding method.

3. Direct purchase without Purchase Order: The contract shall be contracted by a single source in any of the

following cases:

a) Purchase of movables, business contracts and non-advisory services that could not be expected and

included in the annual purchase plan

b) Purchase of movables that are available only from a single source due to intellectual property rights

(patents) e.g. spare parts, software, etc.

c) Purchase of quoted assets, including energy prices, etc.

d) Additional purchase resulting from the unanticipated need for an increase in the quantity of supplies or the

scope of non-consultancy work or services that have been awarded to the current contractor in the general

or limited bidding method through an existing contract (the additional purchase is not intended hereunder

under the change orders in the contract, Amendment of contracts in Annex 2 of this Guide) or a contract

completed during the last three months and that the current contractor complies with the same

unit/category prices in the present contract.

e) In the event that it is not possible to proceed after the public bid process, and the failure of the submission

through the limited bid that follows.

4. Quotation

The purchasing and contracting department of the administrative body may use the "quotation" method to purchase

simple or urgent goods such as spare parts and simple equipment from local markets or through foreign

manufacturers' agents in Egypt within the limits set by the competent authority. To repeat the purchase of the item

in order to avoid the use of the general bid method and the cumulative annual maximum of the purchase of each

category according to the purchase order method as shown in Annex 2 of this Guide. A minimum of three offers

must be obtained under this method unless the competent authority agrees to a lesser number either for the nature

of the supply or for the inability to obtain the required number of quotations.

1.12 Framework Agreement

Procurement and contracting management in the administrative body may use the general or limited bidding

method in awarding frame contracts to one or more contractors in cases of repeated or continuing need for certain

purchase requirements such as movables/goods and services. However, it is not possible to quantify the total

quantities of non-contracted during the fiscal year or the exact timing of the need is not possible at the start of the

decline process. The framework agreement shall be concluded with those who meet the conditions of the

qualifications and shall be awarded to them for a period of not more than three years. They may be fixed or re-

compete among those who have been hired using the "quotation" method whenever the procuring entity

determines the need For the supply of a certain quantity of goods or services and shall be subject to the same

valuation criteria already announced at the time of the bid for the framework agreement.

1.13 Financial Limits for Use of Procurement Methods in Goods and Business

The competent authority in Annex 2 of this Guide shall specify the financial limits for the use of any method of

procurement for non-consulting goods, works and services that do not follow the general bid method.

1.14 Methods of Competition for Providing Advisory Services and Terms of Use

Competition is being offered to provide consulting services through competitive methods that suit the nature of

these services and achieve the desired goal in obtaining the best services in terms of quality/quality. It allows

competition for all consultants who qualify as qualified by responding to the "call for interest" published by the

Purchasing and Contracting Department at the administrative authority in conjunction with a large national

newspaper and on the website of the administrative authority and on the website of the General Authority for

Government Services. The deadline for expressing interest shall not be less than three weeks without the approval of

the competent authority. Only a limited number of them will be selected in a short list of six consultants who will be

able to evaluate requests to show that they are the best in accordance with their technical, organizational, financial

and prior experience. The bidder is invited only to the selected consultants in the shortlist (preliminary selection).

The competition between the selected consultants will be according to the basic selection method and the

competition is considered as "quality and cost". The winning consultant is selected according to evaluation criteria

based on the quality/By the consultant (70-80 percentage points) giving the remaining percentage to evaluate the

price. Other competitive methods listed below may be used for simple advisory services and under the

circumstances referred to for each method, subject to the approval of the competent authority:

a) Competition within a fixed budget: Short-term, uncomplicated advisory services with fixed financial allocations

that cannot be exceeded.

b) Competition based on the lowest prices: for simple and normative consulting services such as auditing and

simple design tasks, and the introduction and analysis of data in information systems.

c) Individual Consultant Selection: This method is used in any of the following cases:

1. When the individual is qualified and experienced, it is a prerequisite for the success of the advisory mission.

2. When an individual consultant has the ability to do the job himself without the need for a team.

d) Selection from a single source: An exceptional method used in any of the following cases:

a. When the work required of the consultant is an extension of an earlier completed task.

b. When it is necessary to make a quick selection (as in emergencies or disasters).

c. When the cost of the task does not exceed the amount specified by the competent authority.

d. When the consulting firm has exceptional experience to carry out the task.

In all cases, before resorting to this method of selection, the consent of the Competent Authority shall be used for its

use, with justification explained and the decision of approval in the file of the competition preserved.

1.15 Insurance of Movables, Works and Insurance required by Consultants

1. Insurance of goods/movables: In the case of the requirement of bid documents that the suppliers must

arrange transport and insurance, the bid documents shall specify the types and conditions of insurance that

must be contracted by the bidder. The value of the compensation under the transport insurance policy shall

not be less than 110% of the value of the contract in the same currency as the contract in order to facilitate

the immediate replacement of the goods if it is lost or damaged during the transport and until the initial

receipt is issued.

2. Business insurance: For works, bid documents must require the contractor to provide the following insurances

in case of contract award:

i. Contractor All Risk with an insurance cover that is not less than the value of the business contract.

ii. Contractor's Plant and Equipment shall be provided with a value to cover the cost of replacing it in case of

total damage or loss.

iii. Third Party Insurance according to the values determined by the applicable laws.

iv. To insure the workers and employees of the contractor according to the values determined by the laws in

force

3. Professional liability insurance in the advisory services: The bid document must specify the value and scope of

the insurance policy required by the consultant to cover at least any damages that may be incurred by the

administrative body as a result of its failure to provide consulting services with the value of insurance cover

not less than the value of The Consultant shall obtain a third party insurance policy against any other claims he

may be subjected to during the execution of the consultancy mission according to the amounts specified in

the applicable laws The consultant contract shall not impose any liability limit in case of deliberate negligence

or gross negligence in executing the contract.

1.16 Technical Specifications for Goods/Commodities, Services and Non-consulting Services

The standards and technical specifications mentioned in the bid documents should encourage as much competition

as possible with the required performance assurance or other requirements for the goods and/or non-consultancy

services and/or services required. Therefore, the technical specifications should be based primarily on performance

requirements and any other technical characteristics Are necessary for the procuring entity such as the

environmental and social criteria chosen from such marks where possible (eg EU-Eco-Label). Internationally accepted

standards, such as those issued by the International Organization for Standardization (ISO), which should be identical

to equipment, materials or business or service industries, should be used as far as possible, and if such international

standards are not available or are not appropriate, (DIN or BS). However, in all cases, the bid documents shall state

that non-consulting equipment, materials, works or services corresponding to other criteria shall be accepted

provided they are at least substantially equivalent.

Referring to brand or manufacturer's product numbers shall be avoided. If a trademark or guide number of a

manufacturer is required to indicate a specification that is only completed in that way, the words "or equivalent"

shall be added after each such indication and the specifications shall permit the acceptance of offers of goods of the

same characteristics that perform at least genuinely equivalent to those goods provided for in the Standard.

1.17 Purchase Order

The Purchasing and Contracting Department of the administrative body may initiate any purchase procedure only

upon receipt of a purchase order signed by the authorized person of the requesting party indicating the reference of

the purchase order in the annual purchase plan or the annual budget or in explanation of the failure to include the

purchase order in the annual procurement plan in the case of Simple and low cost requirements. The purchase order

must contain clear details of the quantities and technical specifications of the purchase requirements and must

contain the following data:

1. The date and reference of the request in the annual budget

2. The requesting party

3. The quantity of each item is required in addition to the complete technical specifications for each item

4. Balance of quantity available in stores of each category

5. The minimum and maximum inventory required for each category

6. Last purchase/purchase price for each item and its date.

1.18 Statement of Reasons for Bidder and Bids Unqualified for Awarding

The notice of intention to certify the offer/bid for the assignment must be provided to each of the bidders or other

consultants who have not been nominated for a request to inquire in writing from the Procurement Department

about the reason for their exclusion from the assignment and the procuring entity to respond to them in writing

within a period not exceeding three days The response of the administrative authority to the inquiry should be

limited to a statement of the reasons for not submitting the bid/offer. The subject of the inquiry for the thesis,

without mentioning the features of the bid for the bid or any other bid.

1.19 Bidders Right and Offers to Objection and Appeal

Any supplier, contractor, non-consultant (bidders) or consultant (tenderers) claiming that he or she has suffered or

may be exposed to loss or damage due to alleged failure to comply with a decision or measure taken by the

procuring entity during the competition or On the decision or measure in question by the procuring entity as a first

step, except for any decision regarding the selection of the method of decline (purchase). The bidder or the offer of

advisory services may, in the event of continuing objection to the measure or decision of the procuring entity

regarding its objection, resume its objection to the Independent Complaints and Practices Complaint Committee of

the relevant governorate. Annex 1 of this Guide regulates the procedure for submitting a request for reconsideration

to the procuring entity and the objection procedure with the Independent Complaints and Practices Committee of

the concerned governorate and also contains the required forms.

The Independent Committee shall be formed through the decision of the Governor No. ... issued on ...... and the

organizer of the membership and competence of the Committee.

1.20 Powers and Duties of Procuring Entity Regarding Objections of Bidders and Offers

The administrative authority (the procuring entity) shall, within the scope of its work, organize the bids with the

powers and duties of considering competing contestants submitted to it, and shall:

1. Keeps a record of all objections submitted to it and updates it continuously.

2. Maintains a complete file containing all documents of objection applications (reconsideration) and the reasons

for their consideration and decision, including the evidence relied upon in making their decision.

3. The procurement process for the period specified in item 2, "Impact of Objection", is subject to the objection

and appeal procedure in the bids attached here as Annex 1 of the Guide if it receives a completed content

request and does not reject it as unfounded or not responding to the requirements of the Annex.

4. It shall issue its decision to decide on the application for objection within the period specified in Annex 1 and a

copy of this decision shall be sent to the appellant and all the participating contestants shall be notified of the

said decision.

5. The procurement process shall be suspended after issuing its decision regarding the objection application for

the period specified in Annex 1 of the "Procurement and Contracting Procedures Guide" to give the

opportunity to object to its decision or the bidding procedures for all competitors.

6. It shall abide by the period of suspension prescribed according to the Guide of Procurement Procedures and

Contracts after announcing the result of the technical evaluation and also after announcing the name of the

nominee nominated for the award and may not sign the contract until after the end of the stop period and not

receive any objections regarding the award of the proposed contract to the winning bidder.

7. The response to the request for review shall be sent by the complainant to the independent committee within

a period of not more than 3 working days accompanied by a response to the file of the procurement process

to inform the committee, including evidence to explain its position on the objection request and suspend the

purchase until the decision of the independent committee on the request Review.

8. Commits to implement the decision of the independent committee regarding the request for review and

proceed with the procurement process or terminate it under this resolution.

Part II - Methods and Procedures for Purchase of Movables/Goods and Non-consultancy Work and Services

2.1 General Bid

The general bid shall be the basic method of purchase, in which all participants wishing to participate in order to

obtain the best value of money for the administrative body shall be open to all those wishing to participate by

applying the evaluation criteria included in the bid documents. The public bid method is characterized by providing

the procuring administrative body with the highest possible level of competitiveness among the bidders by providing

appropriate advertising, timely and equal opportunity for all potential and qualified competitors to enable them to

meet the procurement and contracting needs of non-consulting goods, services and services.

2.2 Publication/Announcement

The public bid must be announced concurrently on the websites of the General Authority for Governmental Services

and the administrative authority in addition to a wide national newspaper. The period specified between the

appearance of the advertisement in the national newspaper or websites, whichever is later, and the deadline for

submission of bids must not be less than 15 working days.

The advertisement should state the basic information that gives the bidders a clear picture of the subject and timing

of procurement procedures such as:

a. Name of procuring entity and project

b. Funding source

c. Contract number and short description of the supply/scope of the non-consulting business or services

d. Deadline for receipt of bids and the opening of the technical envelope

e. Price of purchasing the bid documents and the value and duration of the initial insurance

f. Pre-meeting date of meeting, if any

g. The address of the administrative body to check the documents in advance or to submit directly to the bid

documents.

2.3 Bid Documents and Determining Price of their Sale

The Procurement and Contracting Department shall use the documents of the Model Bid issued by the Program

which contain all the necessary information so that any potential bidder can prepare his bid for the goods, works and

non-consultancy services to be supplied. While the details and complexity of these documents vary in relation to the

size and nature of the proposed bid and contract, they include the following main sections:

a) Instructions to bidders,

b) Bid data list,

c) Qualification requirements and bid evaluation transactions,

d) The bid form and the form of the contract agreement

e) General and special terms of contract

f) Requirements table for the purchase process (a list of the names and quantities of goods and services

required, bill of quantities for business bids or schedules of activities for lump-sum contracts plus the time and

place of delivery or the termination schedule)

g) Specifications, drawings and related technical data (including data of geological and environmental nature and

social and labor requirements)

h) Forms of various bank guarantees.

The procuring entity is allowed to make changes to the model documents to take into account the circumstances of

the procurement process. Such changes can only be made in the bid data list or the contract/contract data list of the

contract, but no change can be made in the model wording of any other model bid document issued by the Program.

The evaluation criteria and the methodology to be followed in the evaluation of bids and consignment should be

stated at the lowest of the estimated cost in the relevant section of the bid documents. The bid documents shall

specify, where necessary, the tests, standards and methods to be used in judging the conformity of the equipment

upon delivery or the work in execution with the prescribed specifications. The drawings must be consistent with the

text of the specifications without any contradiction, and priority should be determined in the order between the

two.

The price of selling the bid documents must be reasonable and represents only the cost of printing and delivery to

potential bidders, and the fee must not be too high to avoid competing qualified applicants. It is possible to use an

electronic system for the distribution of bid documents, provided that the electronic system is safe to prevent any

changes to the bid documents and should not restrict the freedom of the bidder to access the bid documents.

2.4 Initial Insurance

The initial insurance shall be in the amount and format specified in the bid documents in the form of a lump sum not

exceeding 2% of the estimated value of the contract. The insurance shall be valid for four weeks after the expiry of

the bid period. Confiscation of insurance. Initial reinsurance is granted to bidders who have not been billed in the

event of the successful bidder submitting the final insurance.

2.5 Pricing of Requirements Table for Commodities and Bill of Quantities for Non-consultancy Work and Services

a. Pricing of goods/movables:

The bid documents specify the method of pricing the goods' bids either on the basis of the delivery of the site,

including the "freight and insurance" or on the basis of EX-works "delivery of the factory" (delivery of the exhibition

or delivery of the plant or the supplier's stores). In the case of international bids, the bid documents shall specify the

method of pricing, whether under either of the terms F.O.B or INCOTERMS2010 (C.I.P). If the bidder needs to

provide training, installation and initial operation of the goods/equipment supplied or other similar services, the

bidder shall be required to set a separate price for these services, indicating the value of taxes and fees estimated

independently. The bidder shall specify its price for each item to be supplied in the table of the requirements of its

goods and services. If such price is not specified, it shall be regarded as not including this item and it has refrained

from supplying it.

b. Pricing of turnkey or design competitions with equipment, construction and operation:

In the case of "turnkey" or "design with BOT" contracts, the bidder is required to indicate the price of the

components of the supply, installation and civil works required to ensure the performance of the enterprise,

including all costs of equipment supply, maritime and local transport, insurance, installation and initial operation,

Related works and all other services included in the scope of the contract such as design, construction, maintenance,

operation, etc. The price of such contracts shall include all fees, taxes and other amounts imposed unless otherwise

specified in the bid documents.

c. Business Pricing

Bidders in business contracts are required to submit the prices of the units included in the schedule of quantities or

the prices of each of the activity tables (fixed contracts) for the execution of the works. These prices include all fees,

taxes and other amounts charged.

The bidder must fill the prices of the items of the quantities table/requirements table with a fixed ink and fill in the

numbers and letters the price of each item and sign the authorized person on each table. In the case of any

correction in the prices of the items, the bidder must rewrite the price of the item in numbers and letters and sign

for this correction.

Bids based on a percentage reduction on the lowest bids are rejected.

If the bidder does not specify its price for any of the items of work required in the Bill of Quantities for the Unit Rate

Contract, the price of this item is considered to be included in the total bid price. If such deletion relates to a full

table of quantities The procuring entity shall have the right to refuse its bid or to place the highest bid price for this

table from the other competitors in order to compare the price of its bid with the prices of the bids of other

competitors. If the bid is awarded, it shall be deemed to be the basis of the "lowest price" Accepted without having a

right Conflict.

d. Pricing of Non-advisory Services

Bidders are required to provide unit prices for all activities of the required range of services. These prices include all

duties, taxes and other charges. If the bidder refrains from pricing any activity that he has failed to supply, the

procuring entity has the right to refuse.

2.6 International Shipping Terms (INCOTERMS 2010)

Bid documents should specify the term that the bidder should use in pricing his bid according to INCOTERMS 2010 in

order to avoid any confusion in the distribution of responsibilities, risks and costs between the parties to the bid.

2.7 Two Envelopes Offer - Technical and Financial

The bid shall be in all cases requiring a technical study without being affected by the price of the bidder by the two

envelopes system (separate technical and financial). Accordingly, the bid documents shall provide that the bids shall

be submitted in two sealed envelopes: (a) a technician containing the initial insurance, Documents required to verify

the conformity of the offer technically and also to verify the qualifications of the technical and financial bidder,

production capacity and previous experience in the delivery in proportion to the nature of the contract. (B) A

financial envelope containing price lists and the method of payment.

2.8 One Envelope Offer

The Procurement and Contracting Department of the administrative body may request the submission of bids under

a single envelope system in the case of bids for "design, supply and installation" and bids for the purchase of simple,

low-cost, non-consulting goods and services that do not require a separate study of the bidder's qualifications or

technical specifications prior to the opening of the financial envelopes. In this case, the prices of the bidders shall be

announced at the opening of the only public envelopes and shall be documented in the minutes of the opening

session, which shall be signed by all the members of the opening committee and the representatives of the bidders

present at the opening session.

2.9 Deadline for Submission of Bids and Determination of Validity of Bids

Bidders should submit valid bids for the period specified in the bid documents provided that such period is sufficient

to enable the procuring entity to complete the comparison and evaluation of bids and obtain all necessary approvals

from the competent authority so that the contract can be awarded within that period.

The deadline for the preparation and delivery of bids shall be determined by careful consideration of the

circumstances, size and complexity of the contract concerned. In general, the deadline for submission of bids must

not be more than 15 working days after the date of invitation to bid (date of publication) or the date of availability of

bid documents, whichever comes later. This period may be reduced in exceptional cases after obtaining the approval

of the competent authority.

2.10 Inquiries by bidders

Bidders shall be allowed to contact the person in charge of the procuring entity in writing to inquire about any

ambiguity in the tender documents. The procuring entity shall send its response to the inquiry in writing within a

short period of time and circulate a copy of its reply to all other bidders at the same time without mentioning the

name of the applicant. If such an inquiry needed any amendment in the tender documents, the procuring entity may

postpone the deadline for receipt of the tenders after obtaining the approval of the competent authority. All bidders

shall be notified of the new deadline for receipt of the tenders through an amendment appendix to the tender

documents.

2.11 Pre-bidding meeting and site visit

In case of large business contracts or "design with supply, installation and operation" contracts or complex non-

consulting services contracts, the procuring entity may hold a meeting with the prospective bidders at least two

weeks prior to the deadline for receipt of tenders in order to give them an additional opportunity to inquire about

tender documents and requirements of the procuring entity In addition with visiting the site. The procuring entity

shall record the minutes of the pre-tender meeting and distribute a copy to all competitors within a sufficient time

prior to the deadline for receipt of tenders to enable the bidders to take appropriate action. If the bidder's

clarifications result in any need to amend the tender documents, this shall be done by issuing the procuring entity to

the tender amendment annex and a pre-tender minutes.

The procuring entity shall facilitate the visit to the site by the bidders who want to during the period of decline

without the procuring entity having any responsibility or cost for such visit.

2.12 Amending the tender documents

The procuring entity may modify the tender documents at any time prior to the deadline for receipt of tenders if

necessary or as a result of the bidder's explanations which may require such amendment. The procuring entity shall

submit an appendix amendment to the tender documents to all bidders, including the extension of the deadline for

the receipt of bids, to request the bidder to give the bidders sufficient time to prepare their bids under the

modifications made by the procuring entity.

2.13 Formation of the opening committees and the recommendation committees in award

The technical/financial envelopes opening committee shall be formed under the nomination of the head of

procurement and contracting department at the procuring entity. The opening committee shall be headed by a

membership of staff members whose jobs and expertise shall be commensurate with the importance of the tender

and shall include in its membership a representative of both management requesting the purchase (the end user for

the purchase need), the contracting administration and the legal administration. The technical opening of the

envelopes shall be attended by the representative of the accounts department, in order to receive the initial bond

attached to the bids of the competitors. It is possible under the nomination of the Head of Purchasing and

Contracting Department and with the approval of the competent authority to form a fixed committee to open

technical/financial envelopes whose service does not exceed one fiscal year.

The study committee and the recommendation for awarding are formed under the nomination of the head of

purchasing and contracting department at the procuring entity. This nomination is subject to the approval of the

competent authority according to the estimated value of the contract to be submitted for decrease. The study and

recommendation committee shall be composed of a single number and shall be headed by a membership of staff

members commensurate with their functions and experience with the importance of the tender and shall also

include in their membership a representative of the administration requesting purchase, financial management and

legal administration. In tenders, practices and other purchase vouchers, the value of which exceeds the estimated

value of 5 million LE. The committee should also include a representative of the Ministry of Finance and a

representative of the Fatwa Department of the State Council. The Contracting Department shall act as the secretary

of the study committee and the recommendation for awarding and do not participate in its membership.

2.14 Procedures for the opening of the technical envelope

The Technical Openings Committee shall hold a public meeting attended by the representatives of the bidders

authorized in the place, the day and the hour specified in the tender documents, which shall follow immediately

after the deadline for receiving the bids. The committee should be attended by the chairman of the committee and a

representative of the legal administration and financial administration. If the tender documents stipulate the

envelope system (technical and financial), the technical envelopes shall be opened only one after the other. The

financial envelopes shall be kept without opening them in the treasury of the procuring entity after being signed by

the attendees members of the committee until the financial envelopes of tenders technically accepted are opened,

An appointment to be determined after the conclusion of the Study Committee and the recommendation of the

technical analysis of bids and submission of its technical report and obtaining the approval of the competent

authority and the passage of the period without receiving any objection to the result of technical evaluation or

settlement of such objection.

No bid shall be rejected at the opening of the technical envelopes, except the late tenders which are received after

the expiry of the deadline for receipt of bids. Following the opening of each bid, the Chairman of the Committee

shall declare the following:

- Name of bidder

- The availability and validity of primary insurance and its conformity with the required value and period of

permeability

- The availability and validity of the registration certificate (practicing the profession) and the validity of signing the

tender from the person legally authorized

- Complete the contents of the tender or announce any deficiencies in the required documents and match the

validity period of the tender to the conditions of the tender documents

The opening committee shall prepare the minutes of the opening of the technical envelopes showing the names of

the members of the opening committee and the names of the representatives of the bidders who attended the

meeting in addition to the above information according to the form assigned to the opening session of the technical

envelopes. The minutes shall be signed by the members of the committee and the attending bidders.

2.15 Technical assessment procedures

The study committee and the recommendation of the award during the technical evaluation shall examine and

review the tenders from the administrative and technical aspects and the qualifications of the bidder according to

the technical standards and the administrative conditions required in the tender documents in order to determine

the technical response to each tender or not. The Committee shall perform its examination, clarification, evaluation

and recommendations regarding the award of the contract in absolute secrecy without disclosing any information to

the takers or other persons not officially involved in such operation until the date of the publication of the intention

to award the tender. The committee may decide in tenders that require specialized technical studies to be used by a

specialized sub-committee or internal or external experts to conduct such a study and thus submit their

recommendations to the study and recommendation committee without having the right to participate in final

recommendations of the study committee and recommendation.

The study and recommendation committee shall follow the following technical evaluation procedures for the bids

received from the opening committee according to the minutes of the opening of the technical envelopes:

- Each technical tender shall be reviewed to ensure that it meets the requirements of the tender documents,

whether the tender: (a) meets the requirements of registration, classification, tax certificates and any other

conditions for the bidder's qualifications which are required in the tender documents such as prior experience (b)

which is signed as required and includes the legal agencies required to demonstrate the eligibility of the person

authorized to sign and (c) be in force for the required period of validity and accompanied by the required primary

insurance; and (d) regular and complete in general.

- Determining whether the tender is in principle in accordance with the tender documents, including sampling, if any

- Request for clarifications from bidders regarding the technical data and documents submitted by them without

giving any of them the opportunity to introduce any material change in the core of his bid or the conditions related

thereto.

- Determination of the non-essential deviations of any tender which may be taken into account during the financial

evaluation and which do not obscure the possibility of considering such tender as technically acceptable.

If the tender documents contain the method of evaluation under the points system, the study and recommendation

committee shall determine the technical points obtained by each bid and arrange the tenders in terms of priority. A

tender that does not receive the minimum technical points mentioned in the tender documents is not technically

responsive to the requirements of the tender documents and is rejected.

The study and recommendation committee shall prepare the technical evaluation report and submit it to the

competent authority for approval before notice to the contestants of the technical evaluation in terms of

considering their bids technically acceptable or not acceptable and informing them of their right to object within the

period of suspension. The results of the technical evaluation shall be posted on the notice board at the procuring

entity's headquarters and on its website and shall apply a stop-off period of not less than seven working days

calculated from the day after the advertisement appears on the procuring entity's bulletin board and website or

from the date of notice of bidders, whichever. In case if no objection is received from the bidders on the stated

technical evaluation result, or when such objections are settled, the study committee and the recommendation shall

determine the date and place of the opening of the financial envelopes.

2.16 Procedures for the public opening of the financial envelope

The Financial Bid Opening Committee opens the financial envelopes for technically accepted bids one after the other

in an open session in the presence of the bidders wishing to attend and reads the following information:

- The name of the bidder and the price of his bid for each table of the purchase requirements and the total price as

stated in the form of his bid

- The technical points obtained by the tender in case of using the scoring system.

The opening committee shall prepare the minutes of the opening of the financial envelopes stating the names of the

members of the opening committee and the names of the representatives of the bidders who attended the meeting

in addition to the above-mentioned information according to the form prepared for the opening of the financial

envelopes. The minutes shall be signed by the members of the committee and the attending bidder delegates.

The Bid Opening Committee shall deliver the financial envelopes with the minutes of the opening to the study

committee and recommendation for the completion of the joint technical/financial evaluation process and nominate

the winner to be assigned to the competent authority.

2.17 Financial evaluation procedures, application of local preference, subsequent qualification, nomination of

contract and signing of contract

The financial evaluation conducted by the study committee and the recommendation of the thesis is aimed at

selecting the tender that achieves the best value for money according to the methodology and the factors of

evaluation established by the procuring entity in the tender documents and the procuring entity to adopt one of the

following evaluation methods:

1. The award on the lowest bids "price" after correcting the calculation errors

2. The award on the lowest bids "cost" to the buyer in terms of valuation after applying the evaluation criteria

included in the tender documents. Evaluation criteria such as payment dates, delivery time, operating costs,

equipment productivity and efficiency, prices of a selected list of spare parts and the required training cost. These

factors are expressed in terms of their financial value to be used during evaluation procedures.

3. The award on the Bid that receives the "highest points" according to the evaluation criteria included in the tender

documents, which are difficult to transfer to the financial cost (except the bid price) as in (2) above. For example,

technical, argon metrical, environmental safety and standardization standards for procurement/goods are

commonly used by the procuring entity and after-sale services. Such standardization shall not be allocated weights

more than 30% of the total weight in the formula used (ie, Less than 70%). In case of business tenders, the weight of

the technical evaluation must not exceed 10 points, such as quality systems, environmental protection and safety

control systems during the implementation of the work (application of health and safety standards).

The procuring entity may apply local preference during the evaluation process under any of the above valuation

methods if mentioned in the tender documents. Local preference shall be applied through the addition of 15% to the

lowest bid price which displays goods manufactured outside the Arab Republic of Egypt or which does not contain

the legally prescribed percentage of the Egyptian component or adding 15% to the price of the foreign business

bidder or service when compared for evaluation with the Egyptian bidder's price to benefit from local preference.

The Study and Recommendation Committee will follow the following steps in conducting the evaluation process:

1. Correct the calculation errors and inform the tenderer that it has been corrected and obtain his approval for the

correction mentioned. In the event that the bidder does not give his consent to the correction, he refuses his offer

and confiscates the primary insurance provided by him.

2. Applying the evaluation method stipulated in the tender documents with the calculation of the value of the non-

material deviations identified during the technical evaluation.

3. Determine the winning bid according to the evaluation method included in the tender documents.

The Study and recommendation Committee handles the subsequent qualification procedures for the successful

tender to ensure that it meets the qualifications required for executing the contract in terms of the technical,

financial and productive capacity stipulated in the tender documents. In case of pre-qualification, the study

committee and recommendation should ensure that the successful bidder is still qualified according to the

prequalification criteria.

The Study and Recommendation Committee shall prepare the joint technical and financial evaluation report and

recommend the award to the winning bidder and submit it to the competent authority for approval before notice to

the contestants of the outcome of the award. The nomination of the bidder shall be announced on the winning

bidder on the billboard at the procuring entity's headquarters and on its website. Then the stop period which shall

be not less than seven working days will be applied, and it shall be calculated from the day following the

advertisement appearing in the advertisement board and the website of the procuring entity. In case if no objection

is received from the bidders on the nomination of the declared bidder, or after settlement of such objections, the

procuring entity shall send the acceptance letter (Notice of award) to the successful bidder and sign the contract

with him. It is strictly prohibited to enter into any negotiations with the winning bidder regarding the price of his bid

or any other conditions mentioned in the tender submitted by him, except for the logistical and practical

arrangements for starting the execution of the non-consulting work or the supply in all tender methods.

2.18 Price equilibrium and abnormally low bids

If the study and the recommendation committee during the evaluation of the work found that there is an item of

business for the lowest bidder evaluated unbalanced in the sense that the cost of this item is very high and eye-

catching and constitute a risk that may impede the implementation of the contract, the study committee and

recommendation has to seek the reasons and causes of imbalance and may request the bidder to provide an analysis

of the items of unbalanced prices, whether increase or decrease, and the committee of study and recommendation

has the right to accept or reject the tender in accordance with technical justification and also to put appropriate

controls in the terms of the contract to ensure implementation without any risks.

If the Committee of study and recommendation during the evaluation process finds that the tender submitted for

nomination according to the evaluation criteria included in the tender documents is abnormally low (with more than

one standard deviation from the average price of all bidders), the study committee and recommendation should ask

the bidder for justifications and reasons of this abnormal and non-homogeneous decrease with market prices. If the

bidder's justification is not convincing, the committee of study and recommendation shall have the right to

recommend rejecting the tender.

In case the value of the lowest bids evaluated exceeds the estimated contract price by a maximum of 20%, the

committee of study and recommendation should:

a. Check the validity and safety of the estimated cost accurately

B. To compare the high price items in the tender nominee to win with the estimated cost and to work on the price

analysis, taking into account the factors and elements directly or indirectly associated with the prevailing prices in

the market and then to include in the assessment report, Because there is no point in re-decreasing and rejecting all

bids.

2.19 Dissemination of contract information

The Purchasing and Contracting Department of the procuring entity shall publish the contract information posted on

its website and on the website of the General Authority for Government Services within ten working days from the

date of signing the contract. The minimum information to be published is:

(A) The name of each bidder, (B) Bid prices as read at the opening of the bid; (c) The name of the winning bidder and

the value of the contract signed with it, in addition to the execution period and a summary of the description of the

scope of the contract that was established.

2.20 Cases of rejection of all tenders and approval of the competent authority

The tender documents have to state the right of the procuring entity to reject all tenders if it is renounced

permanently or if the public interest so requires. The committee of study and recommendation in the evaluation

report shall also justify the rejection of all bids when there is no effective competition or if the tenders are not

essentially identical to the technical specifications and the required conditions or when the bid price nominee for the

award is 20% higher than the estimated contract price or the financial allocations for this contract. The lack of

competition is determined not only on the basis of the number of technically accepted contestants, the tender may

be considered valid if it is advertised on a regular basis and the price of the only acceptable bidder is technically

reasonable compared to the market price. All bids or submissions shall be rejected on the sole (technically accepted)

bid after obtaining the approval of the competent authority on the recommendation of the decision committee.

If all bids are rejected, the procuring entity shall examine the reason(s) for the rejection and shall review the contract

terms, designs, specifications, scope of the contract, or one or more of these matters before inviting new bids.

2.21 Final Insurance and Signature of Contract

The contract shall be signed with the winning bidder at the end of the stop period (without receipt of any objection

or final decisions thereon). The winning bidder shall submit the final insurance for the execution of the contract

within the period specified in the tender documents and the same amount and duration required in the tender

documents. The final insurance value shall not exceed 5% of the value of the contract.

2.22 Limited Tender Procedures

All the rules and procedures specified in the general tender shall apply to the limited tender, except for publication

in the newspapers and websites where they shall be replaced by the invitations sent to suppliers, contractors or non-

consulting service providers invited to the process according to the appropriate classification of the size of the

process and those registered with the procuring entity. All suppliers, contractors or non-consulting service providers

interested in participating in the auction must be invited to participate in the tender after having been informed of

the procuring entity's annual procurement plan and who can meet the required qualifications for the execution of

the contract. The maximum number of participants in the limited tender shall not be higher and the number of

invitees shall not be less than five bidders without the approval of the competent authority for such reduction in the

number of invitees.

2.23 Direct agreement procedures without asking prices

The direct agreement without a price request is an exceptional method of purchase that is used after obtaining the

approval of the competent authority in the cases mentioned in this manual (item (1-11), paragraph 3). The

competent authority shall approve the formation of a special committee to negotiate with the sole source upon

receipt of the purchase order and its approval based on nomination of the chairman and members of the committee

by the head of the procurement and contracting department.

The Special Committee shall forward its recommendations to the competent authority on the assignment, details of

the negotiated contract and the reasonableness of the price or its homogeneity with the price of the existing

contract and the market price (in the case of extension or increase in quantities/scope of a contract in progress).

It is not required to provide the primary insurance from the sole bidder and the procedures for the consignment and

signing the contract and advertising it in the electronic portals and the candidate must submit for the award the final

insurance as is the case with public tender procedures.

2.24 Purchase of goods, works, and services in the manner of asking for prices

The contracting procedures under this method shall be by guiding the invitation upon at least three competitors to

submit their prices written by the means (fax, mail or e-mail) within the period specified by the Purchasing and

Contracting Department. It is not permissible to negotiate with any of the competitors according to this method. The

Procurement and Contracting Department should regulate the use of this method so that the prices of the

competitors are recorded and dated on receipt. Each supplier has one opportunity to bid. If electronic means are

used to provide prices, a secure and authenticated e-mail must be assigned for this purpose.

Section 3 - Methods and Procedures for the Use of Consultants

3.1 Procedures and steps to compete in the use of consultants according to the method of "quality and cost"

Competition for the provision of consultancy services is carried out using the program's standard proposal

document. The selection method is based on "quality and cost" as a key choice in the competition for consultancy

services. Consultants are required to submit their offers under the envelope system (technical and financial).

Consultants are not required to provide initial insurance as a condition for participation in competition or final

insurance in case of landing due to the nature of the consultant's work. The steps to be followed by the procuring

entity in implementing competition according to the basic method of "quality and cost" are as follows:

1. Preparation of Terms of Reference

2. Preparation of the estimated cost

3. Announcing the showing interest (expression of interest) in participation

4. Selection and approval of the shortlist of candidates to compete

5. Prepare and submit the typical RFP for selected consultants on the shortlist including the following sections:

- Invitation letter.

- Information for consultants.

- Requirements and tasks (terms of reference for consultant mission)

- Proposed contract.

6. Determine the place and the time of receipt of the offers of consultants.

7. Open technical envelopes and evaluate technical presentations.

8. Declare the result of the technical evaluation (after obtaining the approval of the competent authority) and apply

the stop period

9. Opening financial envelopes for qualified consultants/successful technical evaluation and conducting a joint

assessment of quality and cost.

10. Declaration of the final evaluation results (after obtaining the approval of the competent authority) and

application of the period of suspension

11. Negotiation and award of the contract to the winning consultant (after obtaining the approval of the competent

authority)

12. Publication of the award advertisement on the website of the procuring entity and the website of the General

Authority for Governmental Services.

3.2 Procedures and steps to compete in other methods of selecting consultants

Other selection methods may be used to contract the implementation of consultancy services in accordance with the

terms of use documented in Part 1 of this Guide (item 1-14) and after obtaining the approval of the competent

authority. The standard proposal documents issued by the program are used in all methods of selection for

solicitation of consultants. The competitive steps are in line with the selection procedure according to the "quality

and cost" of the "lowest price" selection method and the "fixed budget" selection method, and the only difference is

in the financial assessment method for selecting the nominated consultant for the nomination.

In the individual consultation method, the Purchasing and Contracting Department can go beyond the declaration of

interest, with the consent of the competent authority, if the procuring entity has several names of qualified

consultants and the study committee will decide which ones are most suitable for the job. The nominated individual

consultant shall be invited to submit his/her technical proposal and the financial proposal shall be negotiated with

him by the study committee and a decision will be made regarding the acceptance of his technical proposal. The

approval of the Competent Authority shall be obtained on the nomination of the award and the period of suspension

shall not be applied.

In the method of selecting a consultant from a "single source", the purchasing and contracting department of the

administrative authority can go beyond the showing of interest, with the approval of the competent authority. The

sole consultant shall be invited to submit his/her technical proposal. The financial proposal shall be negotiated by

the study committee and a decision shall be made on the acceptance of his/her technical proposal. The approval of

the Competent Authority shall be obtained by nomination and the period of suspension shall not be applied.

3.3 Formation of the opening committee and the study and recommendation committee for sponsorship

The formation of the opening committee, the study and recommendation committee for sponsorship follow the

same procedure followed in the general tender, including the formation of the technical committee to select the

short list.

3.4 Setting the terms of reference

The terms of reference shall specify the following basic information about the nature and scope of the consultant's

mission in order to facilitate the preparation and submission of integrated technical and financial presentations by

consultants that meet the procuring entity's needs and objectives in terms of quality of performance and outputs at

the lowest possible cost:

1. General introduction of the project and the mission of the consultant

2. Objective/Objectives of the consultant's mission

3. Describe the scope of the required services and the activities required of the consultant clearly in order to obtain

equal technical offers from all competitors, including the total effort required from the consultant's staff (number of

months/weeks of work for the total staff of the main consultants)

4. Any activities to train procuring staff (if necessary) such as preparation of trainees, objectives and content of

training and method of evaluation of training results

5. Outputs required by the consultant (according to applicable standards/standardization) and timing of submission

of such outputs (reports, drawings, recommendations, draft laws, regulations, etc.)

6. Types of reports required from the consultant and the timetable for submission.

7. Data/information and any other arrangements such as cadres (local counterparts to be assigned by the procuring

entity to the consultant team for specific purposes), translators, secretarial staff or any other facilities that the

procuring entity intends to provide to the consultant such as offices and transport.

8. Any other data that the procuring entity considers to be included in the terms of reference.

The terms of reference should be formulated in a professional, accurate and appropriate manner (not maximum) of

details so as not to limit undesirably the ability of competing consultants to present their innovations for the most

appropriate work methodology for carrying out the task and to enable them to define their respective technical

competencies and the effort required of each individual to be clearly used may support the procuring entity's

objectives in achieving the economic procurement of consultancy services and without prejudice to professional

standards and the quality of work required to be implemented. The procuring entity should be in a position to

provide access to consultants, in their presentations, their comments and suggestions on the terms of reference and

on the data, services and facilities to be provided by the procuring entity.

3.5 Cost estimation

The procuring entity shall prepare the estimated cost of executing the consultant contract and its data shall remain

confidential until completion of the procedures for opening the financial envelopes.

3.6 Announcing the expression of interest

The announcement must be made to express interest in a wide-spread daily newspaper as well as the e-gate of the

GSA and the procuring entity's website. Consultants must be given at least 15 working days to be interested in

participating in the competition for the job and presenting their qualifications. Announcing the request for interest

must contain sufficient information to enable potential consultants to make a decision to participate and at least the

following:

A. Name of the procuring entity

B. Funding source.

C. The address of the procuring entity

D. Brief description of the scope of advisory services to be implemented

e. Information and documents to be submitted by potential participants to demonstrate their qualifications as

follows:

1. The administrative structure of the consulting company, licenses and legal registrations issued by the country of

registration

2. Qualifications (previous experience) in contracts completed in the field of mission

3. The annual business volume of the consultant and the audited financial statements report

4. The main areas of work of the consultant and years of experience.

5. Curriculum vitaes of the qualifications of the main staff of the consultant.

6. Interested parties that can be consulted to confirm the implementation of previous works.

7. Determining the date and place of final delivery of the required documents and data.

The procuring entity may, in the event of obtaining the consent of the competent authority, invite the interested

parties (after the deadline for receipt of the requests for interest) to be deemed to have the requisite qualifications

or good completion in the event that they have not received sufficient requests for interest through the said

mentioned before.

3.7 Selecting the shortlist

The technical committee appointed with the approval of the competent authority (may be the same as the

committee of study and recommendation of the thesis) after the expiry date of the declaration to express the

expression of interest in receiving and studying the documents submitted by each consultant according to paragraph

3-6 and in accordance with the foundations and criteria specified in advance to assess the qualifications of

consultants, commensurate with the scope and competence of the task. The Committee submits its report by

nominating the short list of the best qualified consultants who received the highest technical qualifications above

the minimum and a maximum of six consultants. Other consultants, including those who are not qualified, who have

not received the minimum technical qualification level, are excluded from the competent authority for approval. All

interested parties are advised by the procuring entity's decision as to whether or not they are selected in the

shortlist and the stop period is not applied.

3.8 Request for Proposals document

The Model Proposal Document for Advisory Services issued by the Program should be used to ensure:

A. Identify all the information, data and reference conditions necessary for the participants in the competition.

B. Enable potential participants to prepare and present their presentations in a standardized manner that facilitates

the study and comparison of presentations.

C. Transparency and fairness of competition and selection of the winning consultant

The Model Services Advisory Document (Request for Proposals) should contain the following sections:

Section 1: Invitation letter including the following:

A. Name of the buyer

B. Names of consultants invited to compete according to the short list.

C. Name of consultancy services to be implemented.

D. Funding source.

E. Determine the method of selecting the winning consultant

F. The address and deadline for receipt of the consultants offers

G. The Consultant shall be notified to the procuring entity within a specified period if he does not wish or cannot

submit his offer.

Section 2: Instructions to Bidders must include all necessary information that helps consultants prepare their bids

correctly such as:

A. Clarify the assessment methodology and determine the criteria and weights on which the evaluation and selection

of the winning consultant will be evaluated

B. Address and deadline for delivery of offers.

C. Provisions concerning the non-participation/exclusion of the consultant who is in a conflict of interest situation

D. Procedures for receiving and opening technical and financial envelopes.

E. Determine the size of the consultant team from the core professionals (task team members) and the overall effort

of the consultant team (allowing the consultant to prepare his or her own estimates of the total effort of the task

and the duration of the proposed staff members as he deems fit to carry out the task, of the procuring entity in the

solicitation document, especially in consultancy services whose contracts are based on time).

F. Clarify the information to be provided by the consultant to carry out the task.

G. The required official and legal documents (license certificates, etc.).

H. Period allowed for inquiries.

I. Period of validity of consultants' offers.

J. Procedures for advising the consultant to accept his technical offer and inviting him to negotiate his

technical/financial offer

K. Procedures for negotiating and signing the contract to. Any other data that the procuring entity considers are

necessary for inclusion in this section.

Section 3: data list

The data list represents all data transmitted from the instruction to the bidders to be packaged and identified in the

list of data according to the same paragraph numbers in the instructions to the bidders.

Section 4: Terms of reference for the mission and scope of work of the consultant

Section 5: General conditions of contract

Section 6: Special Conditions of Contract which is the terms that have been referred from the general conditions that

may be revised or determined to match the specificity of the task to be performed and are filled in special conditions

according to the same paragraph numbers specified in the General Conditions.

Section 7: Forms of presentation of the technical and financial presentation and CV of the basic consultants and

other models considered by the procuring entity

3.9 Deadline for submission of tenders and opening of technical envelopes

Consultants must be given sufficient time to submit their offers, which must not be less than 4 weeks from the date

of distribution of tender documents to them by the Purchasing and Contracting Department. This period may be

shortened to two weeks with the approval of the competent authority in simple and low-cost consultancy contracts.

The Technical Opening Committee shall open bids one by one in the presence of the representatives of the bidders.

The Chairman of the opening committee shall declare the following:

- Offeror’s name

- The availability and validity of the registration certificate (practicing the profession) and the validity of signing the

offer from the legally authorized person

- Complete the contents of the offer or announce any deficiencies in the required documents and match the validity

period of the offer to the terms of the tender documents

The opening committee shall prepare the minutes of the opening session of the technical envelopes showing the

names of the members of the opening committee and the names of the representatives of bidders who attended

the meeting in addition to the above information according to the form prepared for the opening session of the

technical envelopes. The minutes shall be signed by the members of the committee and the representatives of the

attending bidders. The opening committee shall keep the financial envelopes without opening them in the treasury

of the procuring entity, after being signed by the members of the committee present, until the financial envelopes of

the technically accepted tenders are opened on a date determined after the completion of the study committee. The

approval of the competent authority and the period of suspension without receiving any objection to the result of

the technical evaluation or settlement of such objection.

No bid shall be rejected at the opening of the technical envelopes, except for the late tenders which are received

after the expiry of the deadline for receipt of bids.

3.10 Technical evaluation, approval by the competent authority, inform the technically accepted applicants and

apply the stop period

The Study and Recommendation Committee evaluates the offers of consultants according to the evaluation criteria

set forth in the request for proposals and the technical evaluation criteria shall be limited to the following:

1) Consultant's experience in the field of mission,

2) Methodology of work and proposed implementation plan,

3) Curriculum vitaes showing the experience of each of the proposed main consultant staff and integrating their

experience as a team,

4) The quality and feasibility of practical implementation of the consultants' proposals for the transfer of knowledge

(training) to the procuring staff

5) Suggesting the operation of Egyptian consultants within the team of the main consultant to carry out the task (to

apply the local preference if provided in the tender request document).

The study and recommendation committee evaluates the consultants' offers in two phases:

- Phase 1: Technical Evaluation - Quality Assessment (Evaluation of Technical Offers).

- Phase 2: Cost evaluation (evaluation of financial proposals for technically accepted consultants only).

The estimate of the response of the proposals for each of the evaluation criteria is determined on a scale of (1-100).

A weight for each criteria is prepared to convert it to grades. The weight of each evaluation criteria shall be within

the weights indicated below, so that the total score of technical evaluation is 100 degrees:

- Consultant experience in the field of task (weight of 5-10 degrees)

- Methodology and work plan (weight of 20-40 degrees)

- Qualifications and integration of the members of the main team of consultants (weight of 30-60 degrees)

- Knowledge transfer (training) - (weight from 0-10 degrees)

- Local participation (weight from 0-10 degrees)

The request for proposals should indicate the division of each of the above criteria into sub-criteria (not to exceed

three sub-criteria) so that the number of sub-criteria would be limited so that the evaluation would not become a

mechanical function rather than a technically high bid evaluation. If the "Quality and Cost" or "Lowest Price"

selection methods are used, the minimum technical score required for success (not less than 70 of 100 degrees)

should be indicated and the proposal that does not meet the minimum score is technically unacceptable.

As the quality of consulting services is largely related to the qualifications and experience of the head and members

of the proposed main consultant team as reflected in each curriculum vitae, the study and recommendation

committee should carefully examine the CVs and ensure that they are signed and dated by the proposed team

member and who is responsible for presenting the consultancy proposal. The evaluation of the main personnel in

the proposed Advisory Working Group is based on the following three sub-criterias:

- General qualifications of the individual: the degree of educational achievement and general training, length of

experience and previous achievements, the jobs he filled, the time spent in the consulting work and with the

consultant company nominated him/her, and so on.

- Relevance to the task: special skills and training, experience in the sector and the field and subject matter specific

or linked to the task.

- Experience in the region: knowledge of the Arabic language, culture, administrative system, government system,

and others.

Each bid will be evaluated on the basis of its conformity with the tasks required in the terms of reference. The offer

is not responsive and rejected at the technical assessment stage if it does not meet the terms of reference or if it

does not meet the minimum technical level set out in the request of proposals.

The results of the technical evaluation (quality) for each proposal should be reported to the competent authority.

The report sets out the basis on which the evaluation results were based, and clarifies the strengths and weaknesses

of each of the competing consultants' offers/proposals and all records related to the evaluation will be kept, like the

individual score sheets for each member of the committee of study and recommendation for each advisory offer

participated in the competition, until completion of the project and evaluation and audit.

When obtaining the approval of the Competent Authority for the technical evaluation report, the procuring entity

shall inform the consultants who have not attained the minimum technical qualification grade or whose offers are

deemed not to comply with the requirements of the request document and mission, that their financial offers will be

returned to them without opening after the completion of the selection process. The period of suspension shall be

applied to allow complainants to file their objections (request for review).

3.11 Public opening of the financial envelope

After completion of the evaluation of the first phase (quality), consultants who received the minimum technical

rating and above are notified of the date, time and place of opening the financial offers.

The financial offers shall be opened in public by the Bid Opening Committee in the presence of the consultants who

wish to attend or represent them. The following data shall be recorded in the opening of the envelopes:

1. Name of consultant

2. Technical grades obtained.

3. The consultant's total price

3.12 Financial evaluation procedures and nomination by award

A) In case of "Quality and Cost" selection method, the financial assessment shall be based on giving the lowest

evaluated financial offers (after correcting the calculation errors and ensuring that all the main activities included in

the technical proposal have been priced by the consultant) financial degree reachs 100 degrees. And giving the other

offers degrees Inversely proportional to their prices according to the following equation:

Financial score for any offer = Lowest price of the submitted financial offers x 100

The bid price to be evaluated

The total score for each consultant is obtained by giving weight to the quality and cost scores and then aggregating

them. The "cost" weight is chosen considering the complexity of the task and the relative importance of the quality.

The weight given to the cost is usually between 20 and 30 points, and can not in any case exceed 30 points out of

100 points. The proposed weights for quality and cost shall be specified in the request of proposal.

The Consultant with the highest points (technical and financial) shall be invited to negotiate with him after obtaining

the approval of the Competent Authority on the recommendations of the Study and Recommendation Committee

and the end of the period of suspension and settlement of the objections.

B) In case of "lowest price" selection method: follow the same steps and procedures under the "quality and cost"

selection method. The nominee for consultation is the lowest bidder whose technical offer is considered to be

responsive (exceeding the minimum technical score for success)

C) In case of the "fixed budget" selection method: "follow the same steps and procedures under the selection

method based on" quality and cost ". The nominee for consultancy, whose technical proposal has achieved the

highest technical evaluation, provided that the price of its financial offer is within the limits of the budget stated in

the solicitation document.

D) In the case of the "individual consultative" selection method: "Announcing the expression of interest shall be

made according to terms of reference which will be informed to the interested parties of the expression of interest.

The selection of the individual consultant shall be done through the study committee and the recommendation to

compare the qualifications and experience of at least three competitors or candidates who showed interest in the

task, to be chosen on the basis of comparison of previous qualifications and experience in the required field. The

best qualified persons are selected according to the following criteria:

1. Qualifications and academic background

2. Previous experience in the field required for the task.

3. Knowledge of local conditions like (the language/administrative system/culture etc.).

The individual consultant may be selected by direct invitation (without notice) by the procuring entity to the

consultant on the basis that there is prior knowledge of the capacities and expertise of the individual consultant with

the consent of the competent authority.

After the approval of the competent authority to nominate the selection of the individual consultant, the consultant

is requested to submit his technical and financial offer. The study and recommendation committee shall negotiate it

in all aspects of its technical and financial presentations and then submit the result of the negotiations to the

competent authority to take its consent to sign the negotiated contract.

C) In case of the "sole source" method of selection:

The selection procedure shall be limited to the exceptional cases mentioned in item (1-14 -d) of this Guide. Selection

procedures shall begin with the preparation of the terms of reference for the task and the calculation of the

estimated cost thereof. The sole consultant shall be requested to submit his financial and technical offer.

The Study and Recommendation Committee shall evaluate the technical and financial offer of the sole consultant

and then invite the offerer to negotiate any or all aspects of his technical and financial presentations and then

submit the outcome of the negotiations to the competent authority for its approval of the signing of the negotiated

contract.

3.13 Negotiations of award and the agreement on the draft contract in the "Quality and cost", "Lowest price" and

"Fixed budget"

The Study and Recommendation Committee shall conduct negotiations with the nominated consultant on the

subject of discussing the technical presentation, the method of implementation, the technical staff nominated for

the task and any proposals made by the consultant to improve the terms of reference, work plan, reports to be

submitted and any facilities for the task provided by the procuring entity. It is not permissible to negotiate with the

winning consultant regarding the financial offer (salaries, fees, administrative expenses and profit margin of the

consultancy company) as it has been taken into consideration during the evaluation. The study and recommendation

committee at the end of the negotiation process with the winning consultant arrange the procedures for signing the

contract in initials by the competent authority Including the terms of reference as negotiated and any other

amendments agreed with the winning consultant during the negotiations.

3.14 Approvals required by the Competent Authority during all phases of competition for consultancy services

The approval of the Competent Authority shall be obtained at each of the phases of the selection process for the

consultants listed below:

1. Approval of announcing the expression of interest

2. Approval of the selection report of the shortlist of consultants who will be invited to submit technical and financial

presentations

3. Approval of the request of proposal document and the proposed method of selection

4. Approval of the technical evaluation report and identification of offers with the minimum technical degree

required for success

5. Approval of the common evaluation report (technical and financial) and nomination of the award according to the

method of selection specified in the request of proposal document

6. Approval of the proposed contract with the winning consultant.

7. Approving any addendum amendment to the contract that may change the scope, value or duration of the

contract or the formation of the main advisory team working in the execution of the assignment.

3.15 The announcement of the contract information shall be published on the website of the procuring entity and

the website of the Government Services Authority

The procuring entity shall publish the information of the winning consultant contract on its website and on the

website of the General Authority for Government Services within a period not exceeding ten working days from the

date of signing the contract, indicating the following information:

1. Names of all consultants who submitted their offers

2. Prices of offers submitted by each consultant during the opening of financial envelopes

3. The name of the winning consultant, the value of the contract, the period of execution and a brief description of

the scope of the contract.

Section 4 - Contract Management

4.1 Contract management plan and financial and administrative provisions

The procuring entity shall determine the management responsible for overseeing the execution of each contract of

business and service under a contract management plan prepared by the Department in cooperation with the

Procurement and Contracting Department. In commodity/movable contracts, the responsibility for overseeing the

execution of the contract is limited to procurement and contracting management. The following contract

management plan should include:

1. Name of the administration responsible for supervising the implementation of the contract and achieving its

objectives and departments cooperating with them

2. Names of the Chairman and members of the Contract Management Team from the various departments and

authorities assigned to each member in the contract management team (Responsibility Matrix), so that the

separation of powers and the prevention of conflicts of interest

3. Systems and models that will be used to implement the procedures for supervision of the elements of contract

execution (cost, time and scope/quality of implementation) and the primary and final delivery procedures.

4. Timetable for all the activities of the members of the contract management team regarding the supervision of the

proper functioning of the contract under its three pillars

5. The budget required to manage the contract and the obligation to provide human resources and other inputs

required by the procuring entity in a timely manner to effectively supervise the execution of the contract

4.2 Advance payment and bank guarantee

Tender Documents/request of proposals may specify that the procuring entity will pay the contractor a prepayment

that will be an interest-free advance after signing the contract and providing it with irrevocable and unconditional

bank guarantee of the same amount as the advance payment (in case of foreign contracts in the same currency). The

advance payment must not exceed 25% of the value of the contract and furthermore requires the prior approval of

the competent authority.

4.3 Delivery of the Site

Business tenders and non-consulting services should not be submitted before the procuring entity ascertains that it

has possession of the site free from any impediments that may impede the execution of the contract. The period of

completion of the contract shall starts from the date of receipt of the Contractor or the Service Provider to the Site

and its signature on the receipt of the Site, taking into account any other requirements stipulated in the Tender

Documents or Contract with respect to the Contractor's obligations such as insurance policies or any other required

bank guarantees.

4.4 Procedures of cost control, duration and quality

The contract management team (in the department responsible for overseeing the execution of the contract) shall

monitor the contractor's performance of the contract and the continuous comparison between the actual progress

in the completion of the contract and the baseline plan for the progress of the three pillars of the contract as may be

seen from the periodic reports submitted by the contractor as well as their independent tracking of the work. It shall

inform the Contractor in writing as soon as it becomes clear to it of any deviation of the Contractor from the course

of the Master Plan and shall request it to take appropriate corrective action and to comply with the terms of the

Contract without delay.

The procuring entity shall, when making purchases, use the model tender documents prepared by the program

which include the general and special terms of the contract. The terms and conditions of the contract shall specify

the types and content of the periodic reports that the contractor must submit.

The procuring entity should prepare model procedures and models used by the contract management team to

oversee and monitor the progress of the contract implementation by its three pillars to document the quality of the

work done in terms of technical specifications or performance specified in the contract and the actual cost and

provide actual completion on the site and always compare it with the basic implementation plan which the

contractor presents at the beginning of work.

4.5 Modification of contract and procedures of change orders

The head of the contract management team may issue the change orders under the provisions of the contract after

obtaining the approval of the competent authority, so that such change orders shall not result:

1. Increase or decrease/remove in contract value exceeding 15%

2. A change in the subject matter of the contract in a drastic manner may prejudice the conditions and scope of the

competition and the contractor has relied on the contract.

The Contracts and Procurement Department shall issue an amendment annex to the contract and its signature after

obtaining the approval of the competent authority according to the procedures followed by the procuring entity.

4.6 Waiver of contract

The contractor may not waive the contract or the amounts due to him in whole or in part without obtaining the

approval of the procuring entity, except for the assignment of the financial receivables under the periodic contract

payments of the commercial bank which the contractor deals with.

4.7 Subcontracting procedures

If the terms of the contract stipulate that the contractor has the right to refer parts of the contract to the

subcontractors after obtaining the prior written consent of the head of the contract management team and not

exceeding the percentage specified in the tender document or contract, Procuring entity.

4.8 Violation of contract terms and corrective actions

If the contractor violates a serious condition of the contract, it may affect the quality of the goods, services or works.

And if he can not correct the conditions and respond to the terms of the contract within the period specified by the

head of the contract management team or if the contractor delays the contract execution period so that the date of

receipt or completion exceeds the maximum period allowed in the contract for the imposition of delay penalties, the

right becomes for the procuring entity:

1. To terminate the contract in the contracts for the supply of goods and the confiscation of the final insurance and

the application of delay penalties, if any.

2. Withdraw the work in the contracts of non-consulting business and services, confiscate the final insurance and

impose the required delay penalties and complete the works/services at the expense of the contractor, with the

administrative expenses charged in the contract.

3. Withdrawing the work in consultancy contracts and completing the services at the expense of the contractor with

the loading of administrative expenses prescribed in the contract.

In all cases mentioned above, the procuring entity shall take the necessary measures to remove the name of the

contractor from the records of the suppliers/contractors/service providers for the period commensurate with the

seriousness of the contractor's failure to violate the terms of the contract.

4.9 Equation of price adjustment

1) The contract price is fixed except for cases where the contract stipulates that prices must be adjusted when the

period of execution of the contract is more than six months or in case of market price instability of the basic

components of contract execution, Terms of contract may allow for price adjustments in response to changes in

economic or commercial conditions, just if it will be mentioned in the tender and contract documents.

2) Subject to the prior consent of the competent authority, if the contract provides the possibility of price

adjustment (in accordance with paragraph 1 above), the price adjustment requirement shall include the timing of

any price adjustments and the circumstances that justify price adjustment such as rise or fall Cost of materials, labor

and energy exceeding a specified percentage of the value of the periodic payment or contract, as well as the

equations and indicators to be used in determining the amount of price adjustment and other procedures to be

followed. Price adjustment equations should be used by the General Authority for Government Services and

indicators/Indices issued by Central Agency for Public Mobilization and Statistics (CAPMAS) for input prices used in

the implementation of the contract.

4.10 Periodic payments

The contractor shall receive periodic payments at the times and prices of the unit specified in the contract according

to the actual delivery progress. The Contractor shall be entitled to claim the bank interest specified by the Central

Bank of Egypt in the event of delay in payment of his dues beyond the period specified in the contract. In case of

contracts that provide the periodic payments, the value of payments is determined as follows:

1. Goods Contracts: The Contractor shall receive money upon receipt and acceptance of the supplies according to

the value of these periodic supplies under the contract prices and subject to the price adjustment formula, if any,

minus a full refund or percentage of the advance payment specified in the contract, as the case may be,

2. Contract of business: Periodic payments shall be paid monthly and to the contractor receive 95% of the value of

the performance under contract prices after measuring the work performed during the month by the contract

management team in the presence of the contractor and applying the price adjustment formula, if any, (If provided

in the tender documents) and the application of the price adjustment formula, if any, and any deductions/additions

to correct previous payments or deductions resulting from the application of delay penalties shall be calculated and

deducted from the total Refund of a percentage of the advance payment specified in the contract . The half of the

5% held on initial delivery of the business shall be paid and, with the consent of the competent authority, the other

half of the reservations may be exchanged upon the issuance of the initial receipt of the bank guarantee, irrevocable

and unconditional. In case of lump sum contracts, the periodic payment shall be in accordance with the terms of the

contract. However, the unit shall be replaced by the use of the payment according to the milestones specified in the

contract, with a deduction of 5% of the reservations which are dealt with as mentioned in the measurement

contracts.

3. Contracts for non-consulting services: The contractor shall pay the value of the delivery (services provided)

according to the contract prices after approval by the contract management team of the services provided by the

contractor during the period of the periodic payment and the application of the price adjustment equation, if any. Or

deductions resulting from the application of delay penalties resulting from delay of completion or fines specified in

the contract for cases of failure of achievement and then deducted from the total refund of the proportion of the

advance payment determined in the contract.

4. Consulting services contracts:

A) Time-based contracts: After submitting the monthly report, the consultant shall pay 95% of the wages of his

employees engaged in the execution of the consultancy mission during the month after providing the annual report

according to statements signed by the head of the contract management team according to contract prices after

application of the price adjustment formula. The value of the refunds during the month shall be added according to

the real cost of the consultant under the supporting documents provided by him, and then the total percentage of

the refund of the advance payment shall be deducted from the total. The remaining 5% of the user fees are paid

upon receipt and acceptance of the final consultant report.

B) Lump-sum contracts (the total/Lump-sump) for consulting services: The consultant shall receive a payment, after

submitting the interim outputs stipulated in the contract, 95% of the value of these outputs after the approval of the

head of the contract management team according to contract prices after application of the price adjustment

equation, if any, then the total amount of the advance payment will be deducted from the total. The remaining 5%

of the contract amount shall be paid upon receipt and acceptance of the output of the consultancy task, including

the final consultant report.

4.11 Delay penalties

The contract shall include provisions for delay penalties and appropriate amounts when delays in the delivery of

goods or the completion of the execution of non-advisory or business services result in excess cost or loss of

proceeds or loss of other benefits by the procuring entity. The delay penalties shall not exceed 10% of the value of

the contract of work or 3% of the maximum value of movable contracts.

The consultant contract may, with the consent of the competent authority, include provisions for delay penalties and

appropriate amounts when delays in completing the implementation of consultancy services cause an unreasonable

delay in the completion of the project or losses and damage that may be imposed by other contractors on the

procuring entity. The delay penalties shall not exceed 10% of the value of the contract.

4.12 Initial Receipt/Test Run to measure performance efficiency by contract

In case of business contracts and "design, supply, installation and operation": the contractor must inform the

procuring entity of the completion of the work when it is believed that the work has completed and passed the

required examinations in the contract under the supervision and approval of the Chairman and the contract

management team. The procuring entity shall form the primary receiving committee according to its internal

regulations, which shall inspect the works and the pilot examination of the works to conform the performance

according to the specifications and conditions of the contract. If it becomes apparent to the Receiving Committee

that the work has been completed in the manner required in accordance with the specifications and performance

standards stipulated in the contract, it shall release a record signed by all the members of the committee and the

contractor. If the receiving committee discovers that the work has not been fully implemented in accordance with

the specifications and performance standards provided for in the contract, the committee shall prove it in the record

and will be signed by all members of the committee and the contractor. If the inspection and examination show that

the work has not been fully implemented, the Committee shall prove it in the record and postpone delivery until the

contractor has addressed the defects and deficiencies mentioned in the record. Initial receipt shall be made after the

Contractor repairs the defects and deficiencies and passes the experimental inspection, if any. The procuring entity

may apply the prescribed deductions for the inability of the contractor to repair defects or minor performance

deficit which does not preclude the use of the subject of purchase and issue the initial receipt if the contract

provides for the possibility of compensating for the repair of defects and the inability of simple performance within

the limits and deductions specified in the contract.

In the case of supply contracts: the warehouse department receives simple and repeated supplies upon notification

from the purchasing and contracting department. In case of complex supplies or which may be subject to a

specialized examination, a committee for primary receipt (inspection and receipt) shall be established under the

regulations of the procuring entity. In case of supplier's breach of any of the supply conditions, the warehouse

management shall immediately notify the purchasing and contracting department of the necessary procedures

according to the contract.

The receipt of the supplies may be accepted despite the minor deviation in the conformity of the technical

specifications after determining the percentage of the violation and the decrease and the amount of the fair

reduction in the value of these supplies as a result of this, in condition if it agrees to this and to the amount of the

reduction of the committee of study and the decision that nominated the award of the contract and this procedure

has to be adopted from the competent authority if the following conditions applied:

(A) There is an urgent need to accept such supplies, despite their lack or violation that does not impede their use for

the purposes and performance required of them, and does not result in potential damage to the administrative

body.

B) The price shall be reduced by the double of the rate of deviation or the cost of repair and shall not be accepted if

the deviation exceeds 10%.

4-13 Formation and works of the primary receiving committee

The Preliminary Receipt Committee shall be in accordance with the regulations in force in the procuring entity. Its

task shall be to ensure that the works and supplies/movables have been completed according to the specifications,

quantities and performance level, with condition of the mentioned in the respective contract.

Due to the continuous or specialized nature of service contracts (advisory and non-advisory), the contract

management team performs the functions of the receiving committee. The approval of the final report and outputs

of the services by the head of the contract management team is the acceptance of the procuring entity to these

services.

4.14 Payment upon initial delivery

Model contract for contracts of business and supplies/movables issued by the program shall provide for the payment

of the full amount due according to the contract upon initial receipt, except for the percentage determined in the

contract, and except the delay penalties or other deductions stipulated in the contract. The payment does not

include any amounts that are different between the two parties of the contract, which are still awaiting the

settlement of disputes. The procuring entity shall keep the half of the reservations prescribed in the contract until

the final acceptance certificate is issued. It is possible, with the approval of the competent authority, to release the

amount of reservations to the contractor against the bank guarantee, irrevocable and unconditional, in favor of the

procuring entity, with the same value of these reservations, upon initial receipt.

Consultants and non-consulting service providers shall receive payment of their full entitlements according to the

contract when the head of the contract management team accepts the final outputs and reports on completion and

good completion of the services.

In case of "design, construction and operation" contracts, the Contractor shall receive the payment of the full

amount due according to the contract upon initial receipt except for reservations, delay penalties or any other

deductions provided in the contract and according to the results of the operational examination provided in the

Contract for any shortage in the performance of the plant/the industry supplied by the contractor (Functional

Guarantees) within the limits mentioned in the contract.

4.15 Contractor and supplier obligations during the warranty period (maintenance)

The contractor shall ensure the works he has carried out for a period of not less than one full year from the date of

initial receipt for all or for each part of the works, with condition of the provisional delivery of the contract. If there is

any defect or flaw in the works during the warranty/maintenance period, the contractor shall repair such defect or

flaw at his own expense and within a reasonable period of the procuring entity's claim as stipulated in the contract.

In case if the contractor fails to repair such defect or flaw during the specified period, the procuring entity shall carry

out these repairs at the expense of the Contractor and shall be charged with the estimated administrative loads of

the remaining value of the reservation or final insurance or any other entitlements of the Contractor to the

procuring entity. The Contractor shall remain liable for the safety and good performance of the period provided in

the Civil Code.

The movable supplier shall ensure that its supplies are free from defects in design, workmanship and materials

entered into for the period specified in the contract. The contractor shall repair or replace the defective supplies at

his own expense within the time limits specified in the contract. In the event that the supplier fails to meet its

contractual obligations during the maintenance period, the procuring entity shall do the necessary to repair the

defects at the expense of the supplier and shall be charged with the administrative loads determined from the final

insurance value or any other receivables to the supplier at the procuring entity.

Service contracts shall not be subject to the implementation of the warranty period (maintenance) obligations unless

otherwise stipulated in the contract for certain types of non-advisory services but subject to the legal obligations of

the service provider established in the Civil Code.

4.16 Final Receipt

The final acceptance committee for business contracts shall be in accordance with the regulations of the procuring

entity and shall aim to ensure that the works have been completed according to the specifications and quantities

stipulated in the contract and that the contractor has performed all the repairs requested by the procuring entity

during the maintenance period.

The Contractor shall fulfill all his contractual obligations for the warranty period before the final acceptance

certificate is issued. In case if any shortage happened by the Contractor, the procuring entity shall perform such

repairs at the Contractor's expense and deduct the amounts incurred plus the administrative loading of the final

insurance or any other entitlements to the Contractor.

4.17 Payment upon final receipt and final consignment (clearing)

Upon the issuance of the final acceptance certificate, the contractor shall receive the remaining amount of the

reservation in addition to the prescribed amounts for any additional works performed by the Contractor at the

request of the procuring entity during the warranty/maintenance period and shall not be due to any work, shortage

or defect that the Contractor has to perform under his obligations during the maintenance period. The final

guarantee provided by the Contractor upon delivery to the procuring entity shall be released upon confirmation of

the party's discharge on condition of receipt of final dues (final clearance) except for any amounts due to the

Contractor under the final decisions under the Dispute Resolution Mechanism provided in the Contract.

4.18 Resolve Disputes Methods (Judge)

Disputes that may arise in business contracts and "design, supply, installation and operation", which exceed 10

million pounds, shall be settled by a judge chosen by the 2 parties. The tender documents shall specify the name of

the referee and the manner of his appointment at the time of signing the contract. The judge shall be an expert

person in the subject matter of the contract who has a good reputation and good knowledge of the contract and the

laws in force and can play a neutral role between the procuring entity and the contracting party as the parties deem

it. The recommendations of the judge shall be final and enforceable unless one of the parties of the contract

objected these recommendations within the period prescribed in the contract. In case if one of the parties objects

the decision of the judge, the opposing party shall inform the other party of its intention to resort to the arbitration

or to the dispute resolution methods provided in the contract.

4.19 Arbitration

All procurement contracts shall provide the parties' obligation to resort to friendly negotiations within a period shall

be specified in the contract. In the event of the expiration of the friendly negotiation period without reaching a

settlement acceptable to both parties, whether the negotiation is friendly or not, either party may resort to the

dispute resolution method provided in the contract. Arbitration should be used as a method of resolving disputes in

all types of procurement contracts, which exceed 10 Million L.E. The contract shall specify the arbitration system to

be followed and the venue of the arbitration.

Appendix 1

Qena Governorate / Sohag

Procedures of objection and appeal in tenders under the local

development program, based on the results of Upper Egypt

Clause I: the right of appeal 1/1. Any supplier, contractor, service provider, or consultant who alleges that he exposed or may expose to loss or

damage caused by alleged non-compliance of a decision or a measure-taken by administrative units (Procuring

entities) in the governorate or the departments of central ministries and the utilities working in the governorates

concerned the program of " local development, based on the results of upper Egypt"- with the provisions of " the

manual of procurement and contracting procedures" related to the tenders of the program has the right of objection

to such decision or measure, except for any decision regarding the selection of the tender method (purchasing) or the

selection of consultant shortlist.

1/2. Objection procedures should initiated by submitting a "request of reconsideration" to the administrative

procuring body under the Article 1-19 of the manual of procurement procedures

1/3. Any supplier or contractor has the right to appeal against any decision within the procedures of appeal before the

Independent Tender Complaints Commission in the governorate concerned under Clause 3 of the procedures of

objection and appeal in tenders.

Clause II: the effect of objection

1. The administrative procuring body may not take any action to entry a procurement contract into force:

A. If it received a reconsideration request within the times prescribed in paragraph 2 of Clause 3

thereof. Or,

B. If it received a notice of review request from the Independent Tender Complaints Commission in the

governorate under paragraph 5 (B) of Clause 4 thereof.

2. The suspension period referred to in Paragraph 1 of such Clause after seven working days from notifying the

applicant or the applicant, as the case may be, the procuring body - when necessary- and all other participants of the

objection procedures by a decision of the Procuring body or (the Independent Tender Complaints Commission in the

governorate).

3. (A) Notwithstanding the provisions of Paragraph 1 of Clause 2 thereof, the Procuring body may request from the

Independent Tender Complaints Commission in the governorate to made and enter a purchasing contract as the

urgent public interest may require

(B) Upon consideration of such request (or on its own discretion), the Independent Tender Complaints Commission in

the governorate, may permit the Procuring body to made and enter a purchasing contract as the urgent public interest

may require. The decision thereof shall be included in the record of procurement procedures and the causes thereof.

Accordingly, the procuring body, the applicant, all other participants in the appeal procedures and all other

participants in procurement procedures should be notified immediately.

Clause III: application regarding reconsideration of the Procuring body

1. Any supplier, contractor, service provider, or consultant may submit a request of reconsideration regarding

any decision or measure taken by the procuring body within the procurement procedures.

2. Requests of reconsideration should be submitted in writing to the procuring body within the times as

follows:

A. Requests of reconsideration of the tenders' conditions, prequalification, the initial selection (the short

list of the selective tender), the decisions, or measures taken by the Procuring body, regarding the

prequalification procedures or the initial selection, should be submitted within a date prior to the closing

date of offers submission.

B. Requests of reconsideration of the decisions or measures taken by the Procuring body, regarding the

procurement procedures should be submitted within the suspension period prescribed in Paragraph…..

of the manual of procurement procedures, or, if no suspension period applied, it should be submitted

within a date prior to the effective date of the purchasing contract.

3. The procuring body shall publish a notice of the request immediately upon receipt, moreover, it shall, within

not later than 5 working days from the receipt thereof, perform the following:

A. To decide whether it shall accept or reject the request consideration, whether it shall suspend the

procurement procedures in the case the request was accepted to be considered. Moreover, it may

reject if it was decided that it is groundless, not submitted within the deadlines prescribed in

Paragraph 2 of this Clause, or the applicant has no legal capacity. Accordingly, the rejection thereof

shall be deemed a decision.

B. To notify all the participants in procurement procedures concerning the request with the request

submission and the context thereof.

C. To notify the applicant and all participants in the procurement procedures with the decision

thereof, concerning whether it shall accept the request reconsideration or not, as follows:

1) In the case of accepting the request reconsideration; it should notify whether it shall

suspend procurement procedures and to notify the period of suspension, if applied.

2) In the case of rejection the request reconsideration or non- suspension of the procurement

procedures, it should notify the applicant with the causes thereof.

4. If the procuring body did not notify the applicant, according to the requirements of Paragraph 3 (c) and

Paragraph 8 of this Article within the period specified in Paragraph 3 of this Clause; or, if the applicant was

not satisfied concerning the decision notified, it may immediately initiate the appeal procedures before (the

Independent Tender Complaints Commission in the governorate) under Clause 4 thereof. Once such

procedures were initiated, the competence thereof, concerning accepting request reconsideration, shall be

terminated.

5. In the case of accepting request reconsideration, the Procuring body may cancel any decision or measure

taken regarding the procurement procedures thereof, or to correct, modify, or support such decision or

measure.

6. The procuring body shall make the decision thereof as per Paragraph 5 of the same Clause within 10 (ten)

working days from request receipt. Accordingly, it shall immediately notify the decision to the applicant and,

all other participants in the appeal procedures, and all other participants in the procurement procedures.

7. If the procuring body did not notify the applicant concerning the decision thereof as per the requirements of

Paragraph 6 and 8 of such Clause, accordingly, the applicant has the right to immediately initiate the appeal

procedures before ( the Intendment committee of the tenders' complaints in the governorate) under the

Clause 4 thereof. Once such procedures were initiated, the competence thereof, concerning accepting

request reconsideration, shall be terminated.

8. All decisions issued by the procuring body under such Clause should be in written. Moreover, it should

include all measures taken and all causes thereof, all such decisions should be immediately included in the

record of procurement procedures, along with the request received by the Procuring body under such

Clause.

Clause IV: submit a request of review to the Independent Tender Complaints Commission in the governorate

1. The supplier or the contractor may submit a request to (the Independent Tender Complaints Commission in

the governorate) concerning review a decision or a measure taken by the Procuring body within the

procurement procedures, or concerning non- issuance of a decision under the Clause 3 thereof within the

times prescribed in the above-mentioned Clause.

2. The request of review should be submitted in written to (the Independent Tender Complaints Commission in

the governorate) within the times below:

A. Requests of review tenders' conditions, prequalification, the initial selection of the selective tender,

the decisions, or measures taken by the Procuring body, regarding the prequalification procedures

or the initial selection, should be submitted within a date prior to the closing date of offers

submission.

B. Requests of review of other decisions or measures taken by the Procuring body, regarding the

procurement procedures should be submitted as follows:

i. Within the suspension period prescribed in Paragraph….. of the manual of procurement

procedures.

ii. Or, if no suspension period applied, it should be submitted within 7 working days from the

date when the applicant became aware of the causes thereof or from the date when the

applicant would be aware of such causes- whichever is earlier- provided that not to exceed

7 working days after the effective date of the purchasing contract or the decision of tender

cancelation.

C. Notwithstanding the provisions of Sub-paragraph (b) 1 of this Clause , the supplier or the contractor

may request from the Independent Tender Complaints Commission in the governorate to accept the

request of review after expiration of suspension period, provided that not to exceed 7 working days

after the effective date of the purchasing contract or the decision of tender cancelation, since the

request raises important considerations of public interest. Accordingly, the Independent Tender

Complaints Commission in the governorate may accept to consider the request if it believed that

such considerations justify that. The supplier or the contractor concerned should be immediately

notified with the decision and the causes thereof.

D. The request of review concerning non-issuance of the procuring body a decision under the Clause 3

thereof within the times prescribed in such Clause, within 7 working days from the date when the

applicant would be aware of the decision thereof under the Paragraph 3,6 and 8 of Clause 3 thereof,

as appropriate.

3. The Independent Tender Complaints Commission in the governorate, upon receiving a request of review,

may suspend the procurement procedures at any time prior to the effective date of purchasing contract, as

per the provisions of Paragraph 4 of this Clause. If it believed that, such suspension is necessary to protect

the applicant's interests, unless it decided that the urgent public interest requires progressing such

procedures. Moreover, it may extend any suspension applied or may end it, with taking into account the

above considerations.

4. The Independent Tender Complaints Commission in the governorate shall:

A. Suspend the procurement procedures for ten (10) working days in the event of receiving a request

prior to the closing date for proposals submission;

B. Suspend the procurement procedures in the event of receiving a request after the closing date for

proposals submission, and if no suspension period was applied.

Unless it decided that, the urgent public interest requires progressing such procedures

5. Upon receiving the request, the Independent Tender Complaints Commission in the governorate shall

immediately:

A. Suspend or decide not to suspend the procurement procedures according to Paragraph 3

and 4 of this Clause,

B. Notify the procuring body and all participants, whom their ID identified in the procurement

procedures, with such request and the context thereof.

C. Notify all participants, whom their ID identified in the procurement procedures with the

suspension decision and determine the suspension period. In the event of non- suspension,

it shall notify the applicant and the procuring body with the causes thereof.

D. Publish a notice of the request

6. The Independent Tender Complaints Commission in the governorate may reject the request, thus, it should

end any suspension applied in this regard, if it decided the following:

A. The request is groundless, or was not submitted within the deadlines prescribed in Paragraph 2 of

this Clause, or

B. The applicant has no legal capacity

The Independent Tender Complaints Commission in the governorate shall promptly notify the applicant,

the procuring body, and all other participants in the procurement procedures with such rejection and the

causes thereof, and end any effective suspension period in this regard. Accordingly, the rejection thereof

shall be deemed a decision concerning the request.

7. Notices should be sent to the applicant, the procuring body, and all other participant in the procurement

procedures, as per the Paragraph 5 and 6 of this Clause, within seven (7) working days after the request

receipt.

8. The procuring body shall , upon notice receipt a under the Sub-paragraph 5 (B) of this Clause, empower the

Independent Tender Complaints Commission in the governorate to have full access to all documents related

to the procurement procedures in a manner appropriate to the circumstances.

9. The Independent Tender Complaints Commission in the governorate may- upon making a decision regarding

a request that was accepted to be reconsidered- declare the legal rules and principles governing the subject

matter of the request. It has to handle any effective suspension and to perform one or more of the following

measures, as appropriate:

A. To prohibit the procuring body from taking any action, making any decision or following any

procedure which does not comply with provisions of the manual of procurement and contracts

procedures, or

B. To oblige the procuring body, which has acted in a manner not in compliance with provisions of the

manual of procurement and procedures or followed procedures do not comply with it, to take their

actions or make decisions or procedures in compliance with the provisions thereof, or

C. To cancel, in whole or in part, the action or decision thereof that does not comply with the

provisions of manual of procurement and contracts procedures, except for any action or decision

requiring entering the purchasing contract into force; or

D. To revise any decision issued by the procuring body that does not comply with the provisions of

manual of procurement and contracts procedures [except for any action or decision requiring

entering the purchasing contract into force, or

E. To approve any decision issued by the procuring body, or

F. To end the procurement procedures, or

G. To reject the request

H. To pay a compensation for reasonable costs, losses, or damage, incurred by the supplier, contractor,

or service provider as a result of an action, decision or a procedure followed by the it, which is not

compliance with the provisions of manual of procurement and contracts procedures. Provided that

such compensation shall be limited to the costs of preparing the offer or the costs relating to the

request, or both; or,

I. Take alternative measures as may be required.

10. The decision of the Independent Tender Complaints Commission in the governorate shall be issued under

the Paragraph 9 of this Clause within fifteen (15) working days from request receipt. The said shall

immediately notify the procuring body, applicant, all other participants in the procedures of request of

review, and all other participants in the procurement procedures with such decision.

11. All decisions issued by the Independent Tender Complaints Commission in the governorate under such

Clause should be in written. Moreover, it should include all measures taken and all causes thereof, all such

decisions should be immediately included in the record of procurement procedures, along with the request

received by the Independent Tender Complaints Commission in the governorate under such Clause.

Clause V: rights of participants in the objection procedures

1. Any supplier, contractor, service provider of consultant, whom participants in the procurement procedures

related to the request , and any government authority, whose interests have been affected or may be

affected by such request, has the right to participate in the objection procedures under the Clause 3 and 4

thereof. Any supplier or contractor, whom dully notified, however, fails in participate therein, shall be

prohibited to object later under Article 3 and 4 thereof concerning the decisions, or measures the subject

matter of the request.

2. The procuring body has the right to participate in the objection procedures under Clause 4 thereof.

3. The participants in the objection procedures, as per Clause 3 and 4 thereof, have the right to attend all

hearings. Moreover, the said has the right to have representatives who shall represent and accompany them

in the procedures thereof, be heard, provide evidences, including witnesses, request any contract of hearing

publicly, and seek access to the record of objection procedures, as per the provisions of Clause 6 thereof.

Clause VI: Confidentiality in objection procedures

No information in the context of the objection procedures shall be disclosed, and no hearing shall be held

publicly, as per Clause 3 and 4 thereof, if it shall harm the protection of the main security interests of the country,

violate the law, obstruct enforcement thereof or affect the legitimate commercial interests of suppliers or contractors

or obstruct equitable competition.

Governorate of (Qena/Sohag)

Procedures of the duties and powers regulation

Independent Commission for Tenders Complaints and Practices in Qena and

Sohag Governorates

In considering procedures of objection and appeals in tenders

Submitted under

Upper Egypt Local Development Program (UELDP)

In accordance with the Governorate policy of achieving the best return on funds spent on procurement, works and

services by enhancing the freedom of competition, effectiveness, transparency and accountability in tenders related

to the UELDP and based on the commitments of the Government of the Arab Republic of Egypt in the loan agreement

subject matter aforementioned, an decision was issued by the Governorate stating the following:

An Independent Commission to be formed In Qena and Suhag, to consider and decide on the appeal and appeal

procedures filled by the participants in the tenders and the pre-qualification and initial selection procedures related

to the "local development program, based on the results of Upper Egypt."

Clause I: The Purpose of the Independent Commission Formation and its Competence:

The aim of the Independent Commission is to activate the procedures of objection and appeal in tenders to ensure

the effective implementation of the provisions of the "manual of procurement and contracting procedures" applied

to all procurement operations carried out under the said program in order to review any action or decision taken by

the administrative bodies in the governorate or departments to the central ministries in the governorate during any

stage of the competition and procurement contracts to correct any violation to the provisions of the manual in a timely

manner before causing losses or damages which could be avoided by the Ministry and the administrative body through

the role of the Independent Commission plays in examining and deciding on the review and appeal applications

submitted to it under the provisions of this Annex of the manual.

Clause II: Membership of the Independent Commission and the Appointment Duration and Terms:

The Independent Commission consists of a list of maximum ten members appointed by the Governor from persons

with experience in governmental tenders and a good professional and / or legal reputation, and with no previous

judgments ever been issued against their honor and honesty. The work reference of the Independent Commission is

directly linked to the Governor.

The Governor or his representative shall form the competent Independent Commission to consider reviewing any

complaint or request to appeal the decision of a specific measure taken by the administrative body from a chief and

two members nominated from the ten members.

The term of appointment for the members of the Independent Commission shall be three years, renewable only for

one more period provided that good performance, efficiency and integrity are achieved. The Governor may terminate

the membership of any of the Independent Commission members and appoint an alternate at any time during the

current term of appointment, in case of physical or mental disability or in the case of a decision by a court being issued

proves that he/she is involved in acts contrary to law or honor.

The chairman and members of the Independent Commission formed to consider any request for review or appeal shall

be persons who have no relationship or other interest with the request parties and shall not be in any conflict of

interest situation with any of the request parties and shall sign an undertaking of non- relationship or interest with the

parties to the request. In the event that any of the parties assigned to the review or appeal show objection to the

membership of any member of the Independent Commission entrusted with the consideration of the specific

application, the Governor has the final decision regarding his / her membership in this Commission.

Members of the Independent Commission shall be paid a daily fee as determined by the Governor for each session

held to consider the applications submitted to the Independent Commission.

Clause III: Powers Assigned to the Independent Commission

The powers assigned to the Independent Commission shall be as set out in Annex 1 of the manual paragraph no. 9 of

the procedures of objection and appeal in tenders.

Clause IV: Procedures of the Independent Commission and its Compulsory Decisions on Administrative Bodies:

A) Information requested from the complainant:

1. Name and address of the applicant, the place of residence and the number of the license to practice the

profession to be filled in the application form issued through the program.

2. Name and details of the person assigned to follow up the review application by the complainant or his legal

representative.

3. Name and address of the administrative body complained against, number and address of the tender /

prequalification / initial selection subject of the request for review.

4. Number and date of the decision issued by the administrative body and the objector (award decision /

prequalification / initial selection, rejection of all tenders, or any other measure)

5. Any other information about the violation committed by the administrative body to the competition provisions

or "manual of procurement and contracting procedures" or of the decision of the administrative body regarding

its request for reconsideration.

6. Provide the evidences of the review request applicant to the breach committed by the administrative body to

competition provisions or the "manual of procurement and contracting procedures".

7. The solution or decision sought by the applicant for the review, including the compensation required for the cost

of competition or for the litigation before the Independent Commission or both.

8. Signature of the person authorized by the review request applicant.

If the content of the request is not complete, the Independent Commission may request that it shall completed

by the applicant within five working days. If the contents of the application are further not completed, the

Independent Commission has the right to reject it as irregular, this when the information attached to the request

does not allow the reasonable and sufficient consideration of the request.

B) Procedures of the Independent Commission:

The Independent Commission shall follow the following procedures:

The Independent Commission shall receive the request for review from the appellant contestant through the

Commission Secretariat and ensure that it has been received within the specified time in the procedures of objection

and appeal in tenders under the "local development program, based on the results of Upper Egypt."

1. In the event that the review request is received properly and within the prescribed time limits, the Commission

shall notify the relevant administrative body in the Governorate that it has received a review request and notify

the administrative body to submit the documents relating to the purchase process and a copy of the decision or

measure taken by the administrative body regarding the applicant's objection when considered firstly (or the

reason behind that the objection has not been settled) and shall order the administrative body to suspend the

procurement proceedings while the Independent Commission issues its decision on the review request.

2. Study the subject of the review request and the response of the administrative body besides, examine the

evidence submitted to it, then issue its final decision based on the provisions of the "manual of procurement and

contracting procedures" and the tender documents / prequalification / initial selection concerned and its powers

under clause 3 above. The Independent Commission may take one of the following decisions:

A. Suspend purchase until it issues the order to correct any violation by the administrative body to the

provisions of the "manual of procurement and contracting procedures" or the purchase cancelation /

prequalification / initial selection of limited tenders.

B. Rejection of the review request as it is without profound basis.

C. The order to pay the expenses of competition or litigation or both to the applicant according to the powers

of the Commission provided for in clause 3 above.

The Commission shall inform the Governor, the administrative body and the competitors participating in the

purchase / prequalification / initial selection with its decision above. The Commission decision shall be full,

Irrevocable and in written by means of the relevant form issued through the program.

D. Proceedings of the Independent Commission meetings, the representatives of the parties and the required

evidences:

1. The Independent Commission's Secretariat shall record the review request in the Complaints Register upon

receiving from the complainant and pay the prescribed fees.

2. The review request record shall include a sequential numbering for all documents attached to the review

request.

3. The Independent Commission's Secretariat shall inform the Governor or its representative of the request for

review in order to select the members of the Independent Commission to which they will be assigned for

consideration.

4. The members of the appointed Commission shall undertake the initial study of the review request subject

matter and its content, set a date for examining the request and its consideration, and whether the

Commission will hold public hearings with the parties of the request or not. In particular, the Commission

shall decide and inform the parties of the request with the following:

A. Additional evidence required from each party and the witnesses required to present before the Commission.

B. The decision of the Commission regarding its intention to hold public meetings or not.

C. The date, place and timing of the public hearing, if any, and the manner of holding the proceedings.

D. In the event that the applicant requests a public hearing or if the Commission decides to hold a public

hearing, the Commission's Secretariat, upon the instruction of the chairman of the Commission, shall issue a

summons to the parties, including at least a copy of the review request and the administrative decision

regarding the objection (reconsideration) in the first stage, provided that the Commission shall take into

account the expeditious determination of the review request conclusion.

C) Hearings of the review request parties:

Each Party shall be represented at the hearing or hearing by the authorized person or its legal representative whose

eligibility accepted by the company. The proceedings shall be held as decided by the Commission:

A. If one party not attend the hearing without an acceptable excuse, and if the Commission is satisfied that the

communication has been received by that party, the Commission shall have the right to proceed with the

hearing and considered the that the hearing was held at the presence of all parties.

B. The hearing shall be closed, i.e. non-public, except for persons the Commission deems have an interest in

attendance.

C. The Commission shall keep a written record of each hearing indicating the proceedings and timing of the

hearing and the names of the attendees of the hearing.

D) Evidence:

1. All documentary evidence relied upon by the parties in the review request or the administrative body with its

decision shall be included in the documents of the review request submitted by the parties hereof.

2. Any additional documentary evidence accepted only if the Commission is convinced of its importance and allows

it to be accepted.

3. During the hearing, the parties may submit oral evidence to defend their situation by calling up voluntary

witnesses.

4. The Commission shall have the right to request additional documentary evidence from the parties and shall have

the right to summon additional or expert witnesses in the terms of reference of the review request.

Clause V: Secretariat of the Independent Commission and its duties:

A Secretariat shall be designated for the Independent Commission in the office of the governor’s legal advisor.

It will be responsible for the dedicated work of receiving, registering and retaining of the register of review requests.

As well as, it will provide logistic and substantive support for the Independent Commission in the course of fulfilling its

mandated tasks. The secretarial duties include:

1. Receipt, registration and numbering of review requests submitted to the Independent Commission and

historiography it immediately upon receipt, updating registers and retaining hard and soft copies of it.

2. Receipt of the prescribed fees for each review request from the applicant to the Independent Commission.

3. Organizing the agenda of the Independent Commission and providing the library and logistics services for the

work of the Commission, carrying out the duties of communication and securing correspondence between the

independent Commission and the parties to the review request.

4. Informing the members of the Independent Commission that they will be designated to decide upon the specific

review request.

5. Informing the parties of the review request to form the Commission, its membership, and the date and

procedures of the meeting.

6. Analyzing the review request and making a summary of its contents for the benefit of the Independent

Commission.

7. Submit the response of the administrative body to the request of reconsideration to the Independent

Commission.

8. Codification of the minutes of the meetings of the Independent Commission, including the registration of

witness testimony and issued decisions by the Independent Commission.

9. Carrying out any other work related to the review request requested by the Independent Commission.

10. Submitting the decision of the independent Commission to the applicant and the administrative body.

11. Publishing a summary of the decisions of the Independent Commission on the dedicated Internet websites,

keeping the full text of the decisions of the Independent Commission regarding the review requests and allowing

those who are interested in the information for viewing it and taking a copy.

12. Marinating an integrated record of the merits, procedures and decisions of each review request.

13. Paying of the determined fees to the members of the Independent Commission.

14. Publishing the provisions of the Procurement Manual, contracts and decisions related to the appeals procedures

to the Independent Commission and all the subsidiary forms on the Internet and publishing free hard copies of

them.

Clause VI: Minutes of the Independent Commission Hearing:

The minutes of the Independent Commission hearing relating to the consideration of the review request for review

shall be written at the end of the hearing, provided that the record contains at least:

1. The review request and the names of the members of the Independent Commission appointed to consider the

request.

2. Date and time of the hearing.

3. Summary of the review request subject matter.

4. Names of the parties and their representatives attending the hearing.

5. The merits of the proceedings, in the case of the public hearing, the statements of the parties and witnesses, if

any, and the decisions adopted by the Independent Commission shall be included.

The hearing minutes shall be signed by all the independent Commission members, the parties of the review request

and their legal representatives. The hearing minutes shall be considered part of the request file.

Guiding Forms

Appendix

Forms of objection and appeal in tenders under the UELDP

Form No 1 (P. 1/2): Request of reconsideration to the Procuring body Location and date

Reference number (to be filled by the procuring body)

To

To: Mr. Head of Purchasing and Contracting Department

Subject Request of reconsideration to the Procuring body

Applicant Info

Company Name

Occupational license

No.

Applicant's authorized representative

Address of correspondence

St.

Governorate / City

Country

Phone / Fax

Local Agent

Tender data

Tender No.

Tender Info Date of advertising

in newspaper

Newspaper name

Closing date of envelopes receipt

Bid opening date

Day

Date

Date of tender award

decision

Day

Date

Declaration of tender award

Day

Date

Continue Form No 1 (P.2/2)

1. Ground of request of reconsideration

The procuring body has breached the rules of the Procurement and Contracting Manual or the following Tender Documents

Date of being aware of the breach

We request from the Procuring body to reconsider the following:

2. The applicant requests the following corrective actions from the Procuring body

Cancel or modify decision or breaches of the Procuring body

Cancel the tender and re-offering

Other

3. Evidences

Documents attached

to the

reconsideration

request

Copy of the tender announcement

Copy of the tender documents

Copy of the tender award

copy of the declaration of signing the contract or the contract

Other evidences

4. Authorized signatory by the Applicant

Name of the

authorized

Job

signature

Form No 2: Receipt notice of the "Request of reconsideration" from the Procuring body

Location and date :

Reference number :

To

Attention: Mr.

Subject Confirm receipt of the reconsideration request

Dear Mr. / Mrs.

Kindly be informed that we have received a request to reconsider the tender No. ...... which has been announced in the newspaper ............. dated on ............. due an objection of a bidder to: (mention the content thereof)

Date of request of reconsideration submission

Time

Subject matter of the objection

Contact address of the procuring body

Name

Responsible management

Address of correspondence

St.

District

Governorate / City

Phone / Fax

Signature of the concerned authority

Name of the person authorized by the

Procuring body to receive the reconsideration

requests

Job

signature

Form No.3 the decision of the procuring body concerning the "reconsideration request"

Location and date

Reference number :

To

Attention: Mr.

Subject The decision of the procuring body concerning the "reconsideration request"

Details of procurement procedures

Reference number

Reference number of the procurement process

Purchase name (Tender No :)

The procuring body decision

Name of the person authorized to sign on behalf of the procuring body

Head of the procuring

body name

Job

Signature

Attachments

Form No.4 review request to the Independent commission in the governorate

Location and date

Reference Number (to be determined by the Committee Secretariat)

To

Subject Appeal to the Independent Commission in the governorate

Address of the Appellant/ applicant for review

The Applicant Name

Occupational license

No.

Applicant's authorized representative

Address of correspondence

St.

District

Governorate / City

Postal code

Country

Phone

Fax

The representative of

the applicant for

review

The Respondent:

Name

Responsible

management

Address of correspondence

St.

District

Governorate / City

Phone/ Fax

Information of the purchase the subject matter of the request Tender no:

Invitation for

tenders

Date of

Advertisement

Newspaper name

Closing date of envelopes receipt

Continue Form No 4

date of opening envelopes

Day

No.

The date of the award nomination

Day

No.

Notice / Declaration of Contract Signature

Day

No.

1. The grounds for the request for review / appeal

I. We knew concerning the actions of the Procuring body that breached provisions of the procurement and

contracts manual dated on:

II. the actions of the Procuring body that breached provisions of the procurement and contracts manual or

the tender's document is:

2. Corrective action required from the Applicant

Corrective actions required

Cancel or modify decisions and / or measures taken by the procuring body

Cancel procurement procedures

Other

Request for hearings

The applicant requests public hearings

The applicant believes that there is no need for public hearings

The reconsideration request was submitted to the procuring body on:

3. Evidences

Claim attachments

Copy of the tender announcement

Copy of tender documents

Copy of the Declaration of the award nomination

Copy of the Declaration of Contract Signature

Other relevant documents / evidence

4. Commitment Charter

We acknowledge that the information contained in this request is true and accurate and we undertake to accept and implement the decision of the Independent Commission faithfully and without delay.

5. Authorized signatory by the Applicant

Name of the

authorized

Job

signature

Attachments

A copy of the reconsideration request previously submitted to the procuring body A copy of the decision of the procuring body regarding our request for review

Form No. 5: Decision of the Independent Commission in the governorate to reject the request

for review / appeal

reference number of the

request for review

location and date of this decision

From

To

Subject Reject appeal / review request

Please refer to your following request for review

Date of submission of the review request

The Respondent procuring body

Tender No.

A short title for the procurement Process

Your request for review is not based on the following legal requirements:

The request for review was not firstly submitted to the procuring body

Your request has not been submitted to the Independent Committee during the working days specified

in the Manual, regarding non-receipt of the procuring body's decision, regarding request of

reconsideration

Your request has not been submitted to the Independent Commission during the period specified in the Manual from the date of the procuring body's decision, regarding request of reconsideration

There is no attached copy of the procuring body's decision, regarding request of reconsideration and

the other evidences required to enable the Committee to examine your request

Your application does not have the required legal capacity according to the Manual of Procurement

and Contracts Procedures

Based on the aforementioned, your request for review / appeal was rejected

Signature of the Chairman of the Independent Commission in the governorate

Name

Job

Signature

Form No.6: Request of the Independent Commission to the procuring body to reply to the

request for review / appeal

reference number

Location and date

From

To

Subject a notice to the procuring body to reply to the request for review / appeal

Please review the attached request for review / appeal submitted to the Independent Commission in respect of the procurement process mentioned therein.

Please fill in Form 7 attached and resend it to us within 3 working days of receiving this notice by email

Please include pictures of evidence, if any, supporting your response to this notice regarding the complaint (request for review / appeal) the subject matter of this notice.

Signature of the Independent Commission's head

Name

Job

Signature

Form No.7: Response of the procuring body to the Independent Commission

Reference number location and date

To

Subject Response of the procuring body to the notice of the Independent Commission

The address of the procuring body

Name

Name of the responsible person

correspondence address St.

District

Governorate / City Postal code

Phone / Fax

Tender Details Reference number of the procurement process

Invitation for

tenders

Date of

Advertisement

Newspaper name

Nomination contract award notice

Date

No.

Declaration of Contract Signature

Date

No.

Closing date of tender submission Closing date of opening envelopes

Date

No.

Request for reconsideration of the procurement process submitted to the purchasing body

Has the complainant submitted a reconsideration request to

the procuring body?

Yes: No:

If yes, please provide a date

Has the complainant been informed of the procuring body's decision?

Yes: No:

If yes, please provide a date

Please include a summary of the procuring body's decision regarding the request for review

1. Respond to the allegations made in the review request / appeal

2. Content of the claim

Our response to the review request

Reject review request

Any other actions

Request for hearings The procuring body requests public hearings

No need for public hearings

The reconsideration request was submitted directly to the buyer dated on:

3. Evidence

Request for reconsideration attachments

Copy of the tender announcement

Copy of tender documents

Copy of the Declaration of the award nomination

Copy of the Declaration of Contract Signature

Other relevant documents / evidence

4. Commitment Charter

We acknowledge that the information contained in this request is true and accurate and we undertake to accept and implement the decision of the Independent Commission faithfully and without delay.

5. Signature of the person in charge of the procuring body

Name of the responsible

person

Job

Signature

Form No. 8: Summary of the content of the request for review / appeal prepared by the

Secretariat of the Independent Commission

Location and date

reference number

To

Subject Summary of the content of the request for review / appeal prepared by the Secretariat of the

Independent Commission submitted by bidder/supplier/ service provider

Details and contact address of the bidder / supplier / service provider

Name of Bidder / Supplier / Service Provider

Name of authorized person

correspondence address

St.

District

Governorate / City

Postal code

Country

Phone

Fax

Name of the respondent procuring body

Body name

Responsible person

correspondence address

St.

District

Governorate / City

Postal code

Phone/ Fax

Date of submission of a request for reconsideration to the procuring body

The date of the procuring body's reply to the reconsideration request

Date of submitting of the request of review to the Independent Commission

Details of the procurement process

Tender number / purchase process

Invitation for

tenders

Advertisement date

Newspaper name

Closing date of envelopes receipt

Continue Form No.8

Date of opening envelopes

Day

Time

The date of the award nomination

Day

Time

Declaration of Contract Signature

Day

Time

1. Summary of the content of the review request

Description of the purchase

The content of the review request

Details of the procuring body's decision regarding the reconsideration request

2. Documents submitted

Documents attached to the reconsideration request

Copy of the reconsideration request submitted to the procuring body

Copy of the procuring body's decision concerning the request for review submitted to it

Copy of the tender announcement

Copy of tender documents

Copy of the Declaration of the award nomination

Copy of the Declaration of Contract Signature

Other documents / evidence related to the review request

3. Complaint Summary

4. Secretariat recommendations

5. Signature of the responsible person in the secretariat of the Independent Commission

Name of the

authorized

Job

Signature

Form No.9: Decision of the Independent Commission

Location and date of

decision

reference number

Subject Decision of the Independent Commission

In accordance with Article 1-19 and Article No...... of the Manual of Procurement Procedures and Contracts and the

Governor's Decision, it was decided to set up an independent commission to settle, examine and review the

requests of review of the following members:

Position Name Entity

1 Head

2 Member

3 Member

The Independent Commission has completed the examination review request related to the procurement process between the following parties

Applicant name

Procuring body name

Tender No.

Decision to award the nomination

Date

No.

The date of submitting the reconsideration request

The date of the procuring body's reply to the

reconsideration request

Date of submitting of the request of review to the

Independent Commission

Date of notifying the Procuring body by the Independent

Commission concerning request a response to the

complaint

Date of the procuring body's reply to the notice of the

Independent Commission concerning the response thereof.

Continue Form No 9

Summary of the purchase

Details of the review request

Details of the procuring body's reply regarding the review request

Having examined such Review request, heard the parties' statements, and examined the evidences submitted by

all parties fairly and equitably, and after completing all the review procedures according to the procurement and

contracts manual, the independent commission decides the following:

position

Name

1 Head

2 Member

3 Member

Attachments

Sample No 10: Secretary's Checklist concerning the Review request

For official use only

Check

The review request was received properly Yes: No:

Authorization was attached, if necessary

Yes: No:

A copy of the request of reconsideration submitted to the

Procuring body was attached

Yes: No:

A copy of the decision of the Procuring body concerning the

request of reconsideration was attached

Yes: No:

Evidences were attached Yes: No:

Checked by

Signature

Name

Date

Procedures taken:

A receipt of Review request was registered and the reference number thereof the was given

Yes: No:

If the Review request is not compliance with the Procurement and Contracting Procedures Manual, we recommend rejecting thereof

Yes: No:

If the Review request is not compliance with the Procurement and Contracting Procedures Manual, it shall be resent to the Applicant, attached with the causes thereof to be able to complete and correct such request, without the possibility of extending the period prescribed in the guide

Yes: No:

After completing checking

The Review request shall be submitted to the Independent

commission

Yes: No:

Issue a notice for the Procuring body, attached with the

Sample of reply form thereof

Yes: No:

Checked by

Signature

Name

Date

Appendix 2 Financial ceilings to select the purchase methods for movables, works, and non-consulting

services

purchase methods

Use Powers assigned to the Head of unit under the mandate of the governor

The competent authority (the Governor)

1.

Open tender

movables, works and non-consulting services

Under the mandate of the governor

Without financial ceilings

2. Selective tender

movables, works and non-consulting services

Under the mandate of the governor

Without financial ceilings

3. Local tender

movables, works and non-consulting services

Maximum limit of EGP 3 million

Over EGP 3 million and less than 15 million

4. Purchase Order

movables, works and non-consulting services

EGP 3 million per transaction but not more than 5 million pounds per article during the fiscal year

Maximum limit of EGP 10 million

5. Direct agreement

Monopolistic goods Under the mandate of the governor

Without financial ceilings

Additional purchase due to the unexpected need for additional quantities for a contract that has expired for a maximum period of 3 months or to extend an existing contract (not included in the

Under the mandate of the governor

Maximum limit of EGP 10 million

variation orders allowed in the contract or in the manual)

unexpected purchase which may result from force majeure

Under the mandate of the governor

Without financial ceilings

Purchase necessities of administered price

Under the mandate of the governor

Without financial ceilings

Financial ceilings to select the purchase methods for consulting services

S purchase methods

Powers assigned to the

Head of unit under the

mandate of the governor

The competent authority

(the Governor)

1.

To be selected

according to quality

and cost

Under the mandate of the

governor Without financial ceilings

2.

To be selected by

fixed budget

Under the mandate of the

Governor but for contracts

not exceeding EGP 3 million

Without financial ceilings

3.

To be selected by

lowest prices

Under the mandate of the

Governor but for contracts

not exceeding EGP 3 million

Without financial ceilings

4.

Selection of the

individual consultant

Under the mandate of the

Governor but for contracts

not exceeding EGP 1 million

Maximum limit of EGP 10

million

5.

Selection from a

single source (direct

agreement)

Under the mandate of the

Governor but for contracts

not exceeding EGP 0.5

million

Maximum limit of EGP 10

million

The competent authority to amend contracts The competent authority (the

Governor)

Powers assigned to the

Head of unit under the

mandate of the governor

Description

Up to a maximum of 15% of

the contract value in the

annual investment plan, and

15% of the duration of

implementation thereof (Note

that the Governor has the

right to terminate the contract

if the delay exceeds 10% of the

implementation period

specified in the contract). In

the case of the exceeding the

limits above, the steering

committee must be notified

and obtain the approval

thereof, as it is responsible for

monitoring the program

progress and achieving the

results planned

Up to a maximum of 5% of

the contract value or 5% of

the implementation period

thereof, in addition, it shall

be governed by the

provisions of the contract

,or such provisions related

to the variation orders,

during the implementation

thereof

To modify contracts in the

manner that resulting in an

increase in the amount and /

or duration of

implementation period

thereof