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"The Ministry" is the Ministry of Housing of the Kingdom of Bahrain acting through the Directorate mentioned in the Appendix hereto.
"The Engineer" is the person referred to in the Appendix hereto or any replacement therefor appointed by the Ministry.
"Tender closing date" is the date referred to in the Appendix hereto.
"The Project" is the project more particularly mentioned or referred to in the Appendix hereto.
A complete set of Tender Documents consists of one copy of each of the documents listed in Part 1 of this Tender Book.
Qualifications of Tenderers
1. General Requirements
In general, the Ministry, when transacting for the purchase of its requirements, goods and services or for the execution of its projects, shall deal only with individuals and establishments who are licensed and competent to do the required job. In addition the Tenderer shall either be:
- a Bahraini individual, corporation or government body; or
- a Bahraini individual or corporation with a non-Bahraini partner or a Bahraini individual or corporation acting as a representative for a foreign company;
- a non-Bahraini individual or corporation who is sponsored by a Bahraini individual or corporation and who has the right to conduct business in Bahrain according to the provisions of the Commercial Agencies Act. (The conditions and provisions of the CommercialCompanies Act and the Commercial Agencies Act shall be complied with).
2. Bahraini Nationals
- Tenderers intending to submit a tender for a Ministry contract must undertake to employ Bahraini staff at the percentage(s) set out from time to time for the Private Sector by the Ministry of Labour.
- It is the responsibility of Tenderers to ascertain from the Ministry of Labour the percentage(s) of Bahraini staff required to be employed by them and to obtain from The Ministry of Labour a statement confirming compliance with the required percentage(s).
- Tenderers must attach to their tender the statement referred to in paragraph 3.2.2 The Tender Board Committee will reject tenders that are not supported by the above-mentioned statement
- Bahraini Nationals (Cont’d)
- The statement referred to in paragraph 3.2.2 must be valid at the time it is attached to the tender and at the time a contract is signed with the Ministry. A valid statement must be attached to any application by Tenderers to renew or extend a contract.
- If a successful Tenderer should breach the undertaking to employ Bahraini staff at the percentage(s) referred to herein during the period of the contract or any renewal or extension thereto, the Ministry shall have the right to terminate the contract without prejudice to any other rights or remedies that the Ministry may have.
3. Prohibited Categories
The following categories are not allowed to supply goods or to render services to or to contract work with or to submit tenders for Projects:
- a government employee, except when asked to carry out non-commercial activities such as the purchase of books written by that employee or art, photography and musical work composed by that employee, or the payment for that employee's rights of royalties for literary and artistic work;
- an individual or a corporation convicted of criminal offences before or during the time when tenders are being invited;
- an individual or corporation barred from transacting business unless reinstated;
- a bankrupt until his debts have been discharged according to a court decision;
- a contractor who has had contracts revoked by a supervising government agency which decided that the reasons for revocation disqualify the contractor from any future contracting with the Government of the Kingdom of Bahrain or if there is a similar judgement from a judicial body;
- whoever is proved to have committed fraud or engaged in dis-honest activities when dealing with a Government body or any other legal entity and the concerned supervising Government authority has barred transactions with him/it or if a similar decision has been passed by a competent judicial authority;
any person barred for the time being by His Excellency the Minister of Housing from participating in tenders.
4. Bahraini Tenderers
Every Bahraini Tenderer whether an individual or corporation shall submit proof of the following requirements with his tender. Items a) and b) below shall apply also to the Bahraini sponsors of non-Bahraini individuals or establishments:
- a copy of the commercial registration certified by the Ministry of Industry and Commerce in addition to a copy of the receipt for payment of commercial registration fees for the year in which the tender is submitted;
- an official proof that the tendering entity is owned by or is sponsored by or has a Bahraini partner among its partners or has an agent, whether an individual or company, in the Kingdom of Bahrain;
- adequate design and technical knowledge and pertinent practical and operational experience. The Tenderer shall state projects of similar size which have already been executed by him.
5. Overseas Tenderers
All overseas Tenderers shall submit the following certificates and statements when invited to deal with the Ministry:
- a statement from a bank which is acceptable and recognised by the Central Bank of Bahrain stating the financial capability of the Tenderer;
- a statement of major works completed by the company overseas or in Bahrain and which are of similar nature to the work to be carried out. The statement shall be certified by an official authority in the country where the works have been executed or in the Tenderer's country of origin;
- completion certificates issued in the name of the Tenderer for work executed by the Tenderer whether in Bahrain or abroad;
- copies of the Tenderer's published accounts for the last 2 years showing the balance sheets and profit and loss statements audited by a recognised certified auditor.
6. Tenderer's Representative and His Address
If the Tenderer is a Bahraini resident he shall provide his address in Bahrain. If the Tenderer is a foreigner to Bahrain he shall appoint a Bahraini agent in Bahrain and shall submit in respect of his Bahraini agent the items mentioned in paragraph 3.4 above with his tender. All notices and correspondence sent to the address in Bahrain of the Bahraini agent shall be deemed to be validly served on the Tenderer.
7. Additional requirements
Additional requirements (if any) as to the qualifications of Tenderers are set out in the Appendix hereto.