METRO1/ENTEN/CONSTRUCTION /CIVIL/68AV-BRIDGES /2022/0027

PART 1 – INSTRUCTIONS TO BIDDERS

1. INTRODUCTION

The First Line of the Bogotá Metro (PLMB) will provide the city of Bogotá with a massive passenger
transport system in order to improve the mobility of the city’s inhabitants. Phase One (1) will facilitate
the mobility of citizens from the southwestern zone to the center and north of the city and vice versa.
This transportation system will be integrated with the current massive transport system (BRT –
Transmilenio).

In order to accomplish all the obligations of the Concession Agreement, METRO LÍNEA 1 S.A.S., in
its condition as Concessionaire of the PLMB, is looking for a contractor to execute the 68 Av
Intersection Bridges (“the Works”). The following Tender Documents contain the terms of reference
for the above-mentioned activity.

Bidders may be natural person, private entity , local or foreign, consortiums or temporary unions or
other legally constituted association whose corporate purpose match with the purpose of Services of
this Selection process, who are not involved in any prohibition, disability or incompatibility enshrined
under the Colombian legal system, who are not involved in any conflict of interest under the terms
established by Metro Linea 1, and that have legal capacity to present the proposal and to celebrate and
perform the contract.

In submitting its bid, the Bidder accepts in full and without restriction these Instructions to Bidders and
the Special and General conditions of Contract as the sole basis of this bidding procedure, whatever its
own conditions of sale may be, which it hereby waives. Bidders are expected to examine carefully and
comply with all instructions, forms, and Contract provisions contained in these Tender Documents.
Failure to submit a bid containing all the required information and documentation within the deadline
specified will lead to the rejection of the bid.

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2. TENDER DOCUMENTS

2.1. The Tender Document comprises the documents listed below, and addenda issued in accordance
with previous instructions given to Bidders:

Section Chapter Items

Invitation to Bid
Section Tendering
1 Part 1. Instructions to Bidders
Requirements
Part 2. Tender requirements Part
3. Evaluation Criteria

Section Contract and Appendix 1. Bid Data Sheet

2 Specifications
Appendix 2. Designs
Appendix 3. BOQ
Appendix 4. SOW, Schedule, MS Appendix
5. Standard Requirements Appendix 6. Draft
of the Contract

Section Schedules Schedule 1. Key Personnel to be Deployed for the Works

3 Schedule 2. Proposed List of Equipment and software to be
Deployed for the Works
Schedule 3. List of Works to be Subcontracted to Others
Schedule 4. Experience
Schedule 5. Confidential and Non-Disclosure Declarations
Schedule 6. Compliance Documents
Schedule 7. Form of Tender
Schedule 8. Cash Flow
Schedule 9. Request for Clarifications

2.2. The Tender Documents and Addendum & Clarification shall be downloaded from the LINK
website: https://console.box.lenovo.com/l/M1ZBJB , Access Code: flwf

2.3. The terms of the Concession Agreement, reference designs and reference studies are publicly
available at the following websites:

i. https://community.secop.gov.co/Public/Tendering/OpportunityDetail/Index?noticeUID=CO1.
NT C.495736&isFromPublicArea=True&isModal=False

ii. https://www.metrodebogota.gov.co/

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* Note*: See the document called Instructivo para descarga del contrato y anexos.pdf on the SECOP
page.

2.4. The Bidders are expected to examine all instructions, forms, terms, and specifications in the
Tender Documents. Failure to furnish all information required by the Tender Documents or to
submit a Bid not substantially responsive to the Tender Documents in every respect will be at
the Bidder risk and may result in the rejection of its Bid.

3. QUERIES AND CLARIFICATIONS FROM BIDDERS

3.1. All tender queries shall be submitted using Section 3 Schedule 9. Request for Clarifications
and be uploaded in PDF format with signature and editable Word Version at least seven (7)
days before the submission deadline to Request for Clarifications Folder with the LINK
website: https://console.box.lenovo.com/l/8ufQ23 (access code: asjf)

3.2. The Concessionaires shall not rely on any oral interpretation to clarify. All answers to the
Request for Clarifications will be uploaded to the Addendum & Clarification folder with the
same link of Section 3.1.

3.3. The Concessionaire will respond and upload any request for clarification of the tender documents,
which it receives no later than seven (7) days prior to the deadline for the submission of
tenders to Request for Clarifications Folder (Section 3.1)

3.4. If necessary, in anytime the bidders can request meetings, but the Concessionaire has the right
to have or reject the Clarification meetings.

4. AMENDMENT OF DOCUMENTS

4.1. At any time prior to the deadline for submission of Bids, the Concessionaire, for any reason,
whether at its own initiative or in response to a clarification requested by a prospective Bidder,
may modify the Tender Documents by issuing an addendum.

4.2. Any addendum issued shall be part of the Tender Document and will be uploaded to The
Tendering Documents and Addendum & Clarification Folder in the link.

4.3. In order to allow potential Bidders a reasonable time in which to take the amendment into account
in preparing their Bids, the Concessionaire, at its discretion, may extend the deadline for the
submission of Bids.

5. CONCESSIONAIRE’S REQUESTS FOR BIDDER’S CLARIFICATIONS

5.1. The Concessionaire may request any Bidder to clarify, correct, modify, supplement or amend
any item contained in its Bids and/or to delete, disregard, withdraw, or correct any part of the
Bid and/or to submit any additional information necessary (including details, drawings
specifications and descriptions), in the opinion of Concessionaire, for the evaluation of its bid.

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5.2. Bidders will comply with the requests of Concessionaire and will submit all clarification and
additional information requested within the time period stipulated by the request.

5.3. The requests for clarifications will be in writing, delivered to the Bidders by mail, messenger,
facsimile or E-mail. Their receipt should be confirmed by return mail, messenger, facsimile or
Email, to the address or facsimile number or E-mail stated in the request for clarifications.

5.4. Unless otherwise requested by Concessionaire, Bidders’ responses to the requests for
clarifications will be submitted in one scanned soft-copy with signature and stamp, and will
form an integral part of their Bids, as the case may be. Bidders’ responses to the requests for
clarifications will be attached to the Bids original and copies.

5.5. Bidders may be invited to meet the Concessionaire and/or requested to supply clarifications
and/or additional information. For that purpose, the Concessionaire may meet with any of the
Bidders in either separate or joint meetings, and/or request clarification and/or additional
information or documents. In addition, the Concessionaire may ask any Bidder to modify,
amend, correct, withdraw and/or delete any part of their Bids.

5.6. The Concessionaire may exercise its right, any number of times during the course of the
evaluation of the Bids.

6. EVALUATION OF THE PROPOSALS AND NEGOTIATION

6.1. Confidentiality

i. Information relating to the evaluation of Tenders, or the bids shall not be disclosed to bidders
or any other persons until information on Contract award is communicated to all Bidders.

ii. Any attempt by a bidder to influence improperly the Concessionaire in the evaluation of the
Tenders or Contract award decisions may result in the rejection of its Tender.

iii. Determination of Responsiveness

• The Concessionaire’s determination of a Bid´s responsiveness is to be based on the

contents of the Tender itself, as defined in Section 1 – Part 1- Instructions to Bidders

• A substantially responsive Tender is one that meets the requirements of the Tender
Document without material deviation, reservation, or omission.

• “Deviation” is a departure from the requirements specified in the Tender Document.

• “Reservation” is the setting of limiting conditions or withholding from complete

acceptance of the requirements specified in the Tender Document; and

• “Omission” is the failure to submit part, or all of the information or documentation

required in the Tender Document.

6.2. Negotiation

i. During the Negotiation stage after evaluation, the Concessionaire may provide or request

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additional information.

ii. The Concessionaire reserves the right, at its sole discretion, to conduct negotiations with some
or all of the Bidders, with respect to their Bids or Financial Proposals, or not to conduct such
negotiations.

iii. At the end of the negotiation stage, if conducted, Bidders with which negotiations were
conducted shall be entitled to submit an updated Bid, which shall replace any prior Bid and
shall be considered as their final Bid.

iv. The updated bidding documents shall be considered and evaluated according to the Part 3 -
Evaluation Criteria.

7. BID VALIDITY PERIOD

7.1. The Bid shall remain valid and binding for 180 days from the Submission Deadline (the “Bid
Validity Period”).

7.2. Any Bid offering less than the Tender Validity Period may result in the rejection of the Bid

7.3. Prior to the expiry of the Tender Validity Period, the Concessionaire has the right to ask one or
more of the Bidders to extend the period of validity of its Bid for a specified period.

7.4. If, following the issuance by the Concessionaire of a notice of extension, the Concessionaire
does not receive a notice of withdrawal from Bidders prior to the expiration date of the
original Bid Validity Period, the extension shall be considered to have been accepted by such
Bidders and the Bidders shall extend the effective period of the Bid and the Bid Security
accordingly or be disqualified.

8. SUBMISSION OF BIDDING DOCUMENTS

8.1. The closing date for the submission of the Bidding documents is on Friday, June 10, 2022 and
the closing time is at 5:00 pm (the “Submission Deadline”, Bogota Time), which shall be
submitted in both hard-copy and soft- copy (in PDF format with signature & Stamp and
editable Word & Excel Version).

8.2. The Proposals must contain an index or table of contents where all the documents that
compose it and the respective pages where they are found.

8.3. The Bidder is requested to submit the Bid (the “Bidding Submission”) which shall comprise
three (3) envelopes or folders submitted simultaneously enclosed together in an outer single
envelope or folder, all pages numbered, stamped and initialed by the Bidder’s authorized
representative:

i. Name Folder 1. Threshold Requirements and General Information: including Legal Capacity,
Power of Attorney, JV Agreement (if any), Audit Financial Report, and Schedule 5& 6,
mandatory supported documents.

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ii. Name Folder 2. Technical Proposal including but not limited to Schedule 1-4

iii. Name Folder 3. Financial Proposal – Priced BOQ, Form of Tender (Schedule 7) and Schedule
8 cash flow

iv. Name Folder4. Other necessary documents can be added to this Folder according to the
requirements

8.4. The hard-copy of the Bid Submission shall be delivered in a sealed envelope marked as:

68 Av Intersection Bridges

for Bogota Metro Line1

Project

(Tender No.: METRO1/ENTEN/CONSTRUCTION /CIVIL/U-BEAM/2021/0022)

Company

Name:

Contact

Person: E-

mail:

Cellphone:

and delivered by hand to reach the Concessionaire’s office not later than the Submission Deadline at
the following address: Calle 100 No.8a-49 World Trade Center, Torre B, office 1102

i. Attn : Maria Claudia Gonzalez

ii. Commercial & Legal Department METRO LINEA 1 S.A.S

iii. Cellphone: +57 305 7289962

8.5. The soft-copy of the Bidding Documents (in PDF format with signature & editable Word &
Excel Versions) shall be uploaded in the form of company name.ZIP to the Bidding
Documents folder before the Submission Deadline with the LINK website:
https://console.box.lenovo.com/l/S57vC5 Access Code: rnig.

8.6. The hard-copy and/or the soft-copy of the Bidding Documents Submission received after the
Submission Deadline shall be rejected and not be considered.

8.7. In the event of any discrepancies between the hard-copy and the soft-copy of the Bid Submission,
the Concessionaire reserves its right to choose the valid copy at its sole discretion.

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9. COST INCURRED BY THE BIDDERS PARTICIPATING IN THE TENDER

PROCESS

9.1. Any and all costs and expenses incurred by the Bidders and its Participating Entities, Related
Entities, Parent Companies and anyone on their behalf with respect to and/or in connection
with their participation in the Tender process (including, without limitation, preparation and
submission of the Bid, and including changes and requests for further clarifications), will be
borne solely by such Bidders and its Participating Entities, Related Entities and Parent
Companies regardless of the conduct or outcome of the Tender process. Bidders and their
Participating Entities, Related Entities and anyone on their behalf will not be reimbursed
including in the event the Tender process is annulled by The Concessionaire at its sole
discretion.

10. SITE VISIT AND MANDATORY BIDDERS’ CONFERENCE

10.1. Site Visit: It is the intention of the Concessionaire to schedule a Bidders’ visit at the Site or any
part thereof ("Site Visit"). Should the Concessionaire decide to request the Site Visit, the
details thereof will be notified to all Bidders.

10.2. Bidders’ Conference: Depending on the requirements of the Bidders. the details thereof will be
notified to all Bidders.

10.3. All the notices will be published in the folder Addendum & Clarification.

11. BID LANGUAGE

11.1. The Bids and the statements contained therein and all other documents constituting the Bid are
to be submitted in English, except for the Legal capacity, Certificates, Audit Financial Report,
Experience.

11.2. If the bidder is from non-English speaking country, who can submit Spanish & English or
Chinese & English Version at the same time. But English Version shall be evaluated only,
another language is only for reference.

11.3. Supporting documents and printed materials furnished by a Bidder may be in Chinese or Spanish
(e.g. Legal, certificate, audit financial report, experience and so on). But for purposes of
interpretation of the bidding documents, accompanied by an accurate English translation of
the relevant passages maybe requested by Concessionaire in any time of Evaluation Stage,
and such translation shall govern.

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