Full issue - Ministère de l'énergie et des mines

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Energie & Mines
48
TRANSPARENCY
ted. If it is necessary to cite a brand
name or the catalogue number of a specific
manufacturer to complete a specification
which, without these indications,
would not be precise enough, the
mention "or equivalent" will be added
after this brand name or catalogue
number.
The specifications must enable the supplies'
tenders to be accepted which have
similar characteristics and whose performance
is at least equivalent to those
of the specified supplies.
Financial considerations
a. Price
The price, the subject of the commercial
tender, must be established on the
basis of the constitutive elements defined
in the appeal for tenders’ documentation.
For the supplies’ contracts, the appeal
for tenders’ documentation must indicate
the incoterm(s) used on the basis
of which the tenderers will be invited to
draw up their price tenders at the end
of the second stage in order to be able
to compare the price tenders.
For the works’ contracts, the tenderers
must indicate the unit or fixed rate prices
of the execution of the works.
The tenderers will be authorised to
contact any supplier or entrepreneur
who satisfies the company applications’
conditions set out in this directive in
order to obtain all the input they need
for them to be able to submit the most
competitive tender, with the exception
of the workforce.
For the so-called sole responsibility
installations’ establishment and supply
contracts, the tenderers must indicate
the price of all the costs relating to:
• the studies;
• the supplies;
• the works, the installation and the
commissioning;
• the corresponding works and any
other service included in the contract
(maintenance, exploitation, specialised
training, etc.).
The appeal for tenders’ documentation
must indicate if the tender must be presented
on the basis of firm or revisable
prices. The principle of revision is
applied in case of large variations from
the main elements of the price of the
contract (labour, equipment, materials,
etc.). The prime contractor must stipulate
a price revision clause for the
november 2005
contracts whose duration is greater
than thirty (30) months on the basis of
the formulae contained in the appeal
for tenders’ documentation.
b. Duties and taxes
The price, the subject of the commercial
tender, must include all duties and
taxes, including the customs duties,
unless the appeal for tenders’ documentation
stipulates otherwise.
c. Currency of the tender
The appeal for tenders’ documentation
must indicate that the tenderer can
denominate his price tender in the
convertible currency of his choice, as
long as the legal and regulatory provisions
in terms of foreign exchange are
respected. The local price of expenses
must be denominated in Algerian
dinars. The tenderer who wishes to
present a price offer denominated in
several convertible foreign currencies
will be authorised to do so, provided
that the number of currencies used is
not more than three (3).
d. Conversion for the purpose
of comparing the tenders
The tenderer’s price tenders must correspond
to the sum of all the amounts,
denominated in various currencies
converted into Algerian dinars, at the
rates displayed by the Bank of Algeria
on the day prior to the date on which
the commercial tenders are opened.
This indication must be stipulated in
the invitation letter for submitting the
commercial tenders.
Contents of the appeal
for tenders’ documentation
Contents of the appeal for tenders’
documentation
The appeal for tenders’ documentation
must contain the documents and information
relating to the contract, the
subject of the appeal for tenders, necessary
for the tenderers’ to draw up their
tenders. Every appeal for tenders’
documentation must include:
• the appeal for tenders’ notice: the
notice must include, for indication purposes,
a succinct description of the services;
• the instructions for the tenderers:
these instructions include the general
terms and conditions relating to the
submission, assessment of the tenders
and the awarding of the contracts such
as decreed by Sonatrach;
• the specific appeal for tenders’ data:
this data includes the instructions for
the tenderers specific to each appeal for
tenders, such as the name and address
of the prime contactor, the exact place
for sending in the tenders, the methods
and criteria of evaluation, alternative
techniques and options, etc.;
• the draft contract: the clauses and the
contractual documents must clearly
define the works to be carried out, the
supplies, the rights and obligations of
the prime contractor and of the supplier
or the entrepreneur as well as,
where appropriate, the missions of the
consultant engineer, the architect or
the delegated prime contractor with
regard to the supervision and monitoring
of the execution of the contract;
• the technical documentation: the
technical description, the extent and
the limitations of the supplies and services,
the list of the supplies, materials
and equipment, the technical specifications
and plans, the delivery and/or
completion deadlines, etc.;
• the template documents and forms
particularly relating to the tenderer’s
submission letter and letter of commitment,
the bonds and guarantees, etc.
When the appeal for tenders’ documentation
is being drawn up, the prime
contractor must use the standard
appeal for tenders' documentation
(DTAO), set out in this directive.
Standard appeal for tenders’
documents
The application of the provisions of this
directive requires the use of standard
documents governing :
• the drawing up, by the prime
contractor, of an appeal for tenders’
documentation per contract;
• the definition of the relations between
the prime contractor and the tenderers
or candidates within the framework of
the general instructions to the tenderers,
data specific to each appeal for
tenders and draft contracts;
• the drawing up of the assessment
reports on the tenders by the commissions
set up for this purpose for each
appeal for tenders, within the framework
of the general operating mode of
the appeal for tenders’ process, attached
to this directive.