Small Works Common Law

7/28/2019 Small Works Common Law

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M100a SBD SMALL WORKS Common Law Version 1 du 13/05/2009

F R E N C H D E V E L O P M E N T A G E N C Y

S T A N D A R D B I D D I N G D O C U M E N T

Procurement of Small

Works

May 2009


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Foreword

This Standard Bidding Document for Procurement of Small Works has been prepared by the

French Development Agency (Agence franaise de Dveloppement) and is based on theMaster Document for Procurement of Small Works, prepared by the Multilateral

Development Banks and International Financing Institutions. Employers are invited to seekadvice from local competent sources to ascertain its suitability regarding the applicable law,

as well as its comprehensiveness. The French Development Agency will not be liable for theuse of this document by Employers in part or in full.

This document was prepared for the procurement of works through Open or Restricted

Competitive Bidding in projects that are financed in whole or in part by the FrenchDevelopment Agency forcontracts not exceeding 1 million in value.

This document is intended as a model in the award by the Employer of admeasurement (unit

prices or unit rates in a bill of quantities) and lump sum types of contracts, which are themost common in Works contracting.

When used for lump sum contracts, the document requires changes which are identified in

footnotes. Lump sum contracts are used in particular for buildings and other forms ofconstruction where the Works are well defined and are unlikely to change in quantity or

specification, and where encountering difficult or unforeseen site conditions (for example,hidden foundation problems) is unlikely. In lump sum contracts, the concept of priced

activity schedules is used, to enableprogress payments to be made.

The Employer must complete all parts with great care, and select the appropriate optionamong a unit rate and a lump sum contract.

The French Development Agency welcomes any feed-back from users of these documents.Those wishing to submit comments or questions on this document should do so by writing tothe following address:

Email: [email protected]: http://www.afd.fr/


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Summary Description


iv

Summary Description

This Standard Bidding Document for Procurement of Small Works is to be used when a

prequalification process has not taken place before bidding and, therefore, qualification ofbidders is to be carried out at the bidding phase. A brief description of this document is given

below.

SBD for Procurement of Small Works

PART 1BIDDING PROCEDURES

Section I. Invitation for Bidding (IFB)

This is a model invitation for bids. The IFB should be used for advertising thebidding opportunity in case open competitive bidding is used.

Section II. Instructions to Bidders (ITB)

This Section provides relevant information to help Bidders prepare their bids.

Information is also provided on the submission, opening, and evaluation ofbids and on the award of Contracts. Section II contains provisions that are

to be used without modification.

Section III. Bid Data Sheet (BDS)

This Section consists of provisions that are specific to each procurement and

that supplement the information or requirements included in Section I,Instructions to Bidders.

Section IV. Bidding Forms

This Section contains the forms which are to be completed by the Bidder andsubmitted as part of his Bid

PART 2EMPLOYERS REQUIREMENTS

Section V. Employers Requirements

This Section contains the Specification, the Drawings, and supplementaryinformation that describe the Works to be procured.


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PART 3CONDI TIONS OFCONTRACT AND CONTRACT FORMS

Section VI. General Conditions of Contract (GCC)

This Section contains the general clauses to be applied in all contracts. The

text of the clauses in this Section should not be modified.

Section VII. Particular Conditions of Contract (PCC)

This Section consists of Contract Data and Specific Provisions which contains

clauses specific to each contract. The contents of this Section modify orsupplement the General Conditions and shall be prepared by the Employer.

Section VIII. Contract Forms

This Section contains forms which, once completed, will form part of the

Contract. The forms for Performance Security and Advance PaymentSecurity, when required, shall only be completed by the successful Bidder

after contract award.


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P R O C U R E M E N T D O C U M E N T S

Bidding Document forProcurement of Small

Works

Procurement of:

Issued on: _____________

Competitive Bidding No:

_____________

Employer: _____________

Country: _____________


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Standard Bidding Document

Table of Contents

PART 1Bidding Procedures .......................................................................................... 11

Section IInvitation for Bids ........................................................................................ 12

Section II - Instructions to Bidders ................................................................................. 15

Section III - Bid Data Sheet (BDS) ................................................................................ 25

Section IV - Bidding Forms ........................................................................................... 27

PART 2Employers Requirements ............................................................................... 45

Section V - Employers Requirements ........................................................................... 47

PART 3Conditions of Contract and Contract Forms .................................................. 53

Section VII. General Conditions of Contract ................................................................. 55

Section VII. Particular Conditions of Contract .............................................................. 79

Section VIII - Contract Forms........................................................................................ 83


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PART 1Bidding Procedures


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Section IInvitation for Bids

[NAME OF COUNTRY]

[NAME OF PROJECT]

[BRIEF DESCRIPTION OF WORKS]

Contract/Bid No.

1. The [insert name of Employer] [has received/has applied for] funds from the FrenchDevelopment Agency toward the cost of the [insert name of Project], and it intends to apply

part of the funds to payments under the contract for [insert name/no. of Contract].

2. The [insert name of Employer] now invites sealed bids from eligible bidders for [ insertdescription of works to be procured].

1In order to qualify for contract award, the bidder must

meet certain experience and capacity requirements as specified in the Bidding Document. Theconstruction period is [insert number of days/months/years or dates].

3. Interested eligible bidders may inspect the bidding documents at the address [ identify official

in charge andstate address] from [insert office hours].2 A complete set of bidding documentsin [insert name of language] may be purchased by interested bidders on the submission of a

written application to the address below and upon payment of a nonrefundable fee3

of [insertamount in local currency] or in [insert amount in specified convertible currency]. The method

of payment will be [insert method of payment].4 The document will be sent by [insert deliveryprocedure].

5

4. Bids must be delivered to the address below by [insert time and date]. All bids must be

accompanied by a bid security of [insert amount in local currency or minimum percentage ofbid price] or an equivalent amount in a freely convertible currency.

6Late bids will be rejected.

Bids will be opened in the presence of bidders representatives and anyone who choose toattend at the address below

at [insert time and date].

[Insert name of office]

[Insert name of officer]

1 A brief description of the Works should be provided, including location of Project, and other information

necessary to enable potential bidders to decide whether or not to respond to the invitation.2 For example, 0900 to 1200 hours.3 The fee, to defray printing and mailing/shipping costs, should be nominal.4 For example, cashiers check, direct deposit to specified account number, etc.5 The delivery procedure is usually air mail for overseas delivery and surface mail or courier for local delivery.

If urgency or security dictates, courier services may be required for overseas delivery.6 The amount of bid security should be stated as a fixed amount or as a minimum percentage of the Bid Price.


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Section II - Instructions to Bidders 13


[Insert postal address and/or street address]Tel: [Indicate country and city code]

Fax: [Indicate country and city code]E-mail: [Indicate E-mail address]


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Section II Instructions to Bidders 15


Section II - Instructions to Bidders

Table of Clauses

A. General ................................................................................................................... 16

1. Source of Funds ....................................................................................................... 16

2. Fraud and Corruption ............................................................................................... 163. Eligible Bidders ....................................................................................................... 18

B. Contents of Bidding Document ............................................................................. 19

4. Sections of Bidding Document ................................................................................. 19

C. Preparation of Bids ................................................................................................ 20

5. Language of Bid ...................................................................................................... 20

6. Documents Comprising the Bid ............................................................................... 207. Currency of Bid ....................................................................................................... 20

8. Documents Comprising the Technical Proposal ....................................................... 209. Period of Validity of Bids ........................................................................................ 20

10. Bid Security ............................................................................................................. 2011. Format and Signing of Bid ....................................................................................... 20

D. Submission of Bids ................................................................................................. 21

12. Sealing and Marking of Bids .................................................................................... 21

13. Deadline for Submission of Bids .............................................................................. 2114. Late Bids ................................................................................................................. 21

E. Opening and Evaluation of Bids ............................................................................ 21

15. Bid Opening ............................................................................................................ 21

16. Confidentiality ......................................................................................................... 2117. Evaluation of Bids ................................................................................................... 22

18. Verification of the Bidders Qualification ................................................................ 22

19. Employers Right to Reject Any or All Bids ............................................................ 22

F. Award of Contract ................................................................................................. 23

20. Award Criteria ......................................................................................................... 23

21. Notification of Award .............................................................................................. 2322. Signing of Contract .................................................................................................. 23


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16 Section II - Instructions to Bidders


A. General1. Source of Funds 1.1 The Employer named in the Bid Data Sheet (BDS) has applied

for or received financing (hereinafter called the Funds) from

the French Development Agency (hereinafter called theAgency) toward the cost of the project named in the BDS. The

Employer intends to apply a portion of the Funds to eligiblepayments under the contract(s) for which these Bidding

Documents are issued.

1.2 Payments by the Agency will be made only at the request of theBorrower and upon approval by the Agency in accordance with

the terms and conditions of the financing agreement between theBorrower and the Agency (hereinafter called the Financing

Agreement), and will be subject in all respects to the terms andconditions of that Financing Agreement.

1.3 The Agency only finances projects subject to its own conditions,which are set out in its financing agreement. No legalrelationship exists between the Agency and any person other than

the beneficiary of the Funds. The Agency may be led to suspendor definitively terminate disbursements in the context of the

project, without the providers being informed beforehand andwithout their being entitled to claim from the Agency any direct

legal right to the amounts which, as the case may be, originatefrom such financing. The providers shall alone assume the

possible consequences of unpaid amounts and disputes whichmay arise in the context of their relations with the beneficiary of

the financing. Any communications which may be exchanged byany person other than the beneficiary of the financing and the

Agency in the context of a project do not constitute, and shall notbe interpreted so as to constitute, an undertaking or a stipulation

by the Agency in favour of such person or to any third party.

2. Fraud andCorruption

2.1 It is the Agencys policy to require that beneficiaries of its

financing, as well as bidders, suppliers, and contractors and theirsubcontractors under Agency-financed contracts, observe the

highest standard of ethics during the procurement and executionof such contract. To this effect, the Agency requires that the

beneficiaries include provisions in bidding documents againstcorruption.

2.2 In pursuance of this policy, the Agency defines, for the purposes


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Section I - Instructions to Bidders 1-17


of this provision, the terms set forth below as follows:

(a)corrupt practice is the offering, giving, receiving orsoliciting, directly or indirectly, of anything of value toinfluence improperly the actions of another party;

(b)fraudulent practice is any act or omission, including amisrepresentation, that knowingly or recklessly misleads, orattempts to mislead, a party to obtain a financial or other

benefit or to avoid an obligation;

(c)collusive practice is an arrangement between two or moreparties designed to achieve an improper purpose, including to

influence improperly the actions of another party;

(d)coercive practice is impairing or harming, or threatening toimpair or harm, directly or indirectly, any party or theproperty of the party to influence improperly the actions of a

party.

2.3 The Agency, as a result of its own investigations and conclusionsconducted in accordance with its procedures :

(a)will reject a proposal for award if it determines that thebidder recommended for award has, directly or through anagent, engaged in corrupt, fraudulent, collusive, coercive or

obstructive practices in competing for the contract inquestion;

(b)will cancel the portion of the Funds allocated to a contract ifit determines at any time that representatives of the Borroweror of a beneficiary of the Funds engaged in corrupt,fraudulent, collusive, or coercive practices during the

procurement or the execution of that contract, without theBeneficiary having taken timely and appropriate action

satisfactory to the Agency to address such practices whenthey occur; and

(c)will sanction a firm or individual, including declaringineligible, either indefinitely or for a stated period of time, tobe awarded an Agency-financed contract if it at any time

determines that the firm has, directly or through an agent,engaged in corrupt, fraudulent, collusive, coercive or

obstructive practices in competing for, or in executing, aAgency-financed contract.

2.4 The Agency reserves the right, when it has been established by anational or international organization that a firm has engaged incorruption or fraud, to declare such firm ineligible to contracts


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financed by the Agency for a stated period.

2.5 The Agency will have the right to require that a provision beincluded in contracts which it finances, requiring bidders,suppliers, contractors and consultants to permit the Agency to

inspect their accounts and records and other documents relatingto contract performance and to have them audited by auditors

appointed by the Agency.

2.6 All communications between Bidders and the Employer relatedto allegations of fraud or corruption shall be in writing.

3. Eligible Bidders 3.1 A Bidder may be a natural person, private entity, or government-owned entitysubject to ITB 3.7or any combination of themin the form of a joint venture, under an existing agreement, or

with the intent to constitute a legally-enforceable joint venture.Unless otherwise stated in the BDS, all partners shall be jointly

and severally liable for the execution of the Contract inaccordance with the Contract terms.

3.2 The Bidder undertakes to:

(i) comply and procure that its subcontractors, if any, complywith international environmental and labour standards

consistent with applicable law and regulations in thecountry of implementation of the Project, including the

fundamental conventions of the International LabourOrganisation (ILO) and international environmental

treaties;

(ii) adopt any environmental and social risk mitigationsmeasures as defined in the environmental and social

management plan or the notice of environmental and socialimpact issued by the Employer.

3.3 Any bidder is eligible to bid, subject to eligibility criteria statedin the BDS, as the case may be, and to the provisions below.

3.4 A Bidder shall not have a conflict of interest. All Bidders found

to have a conflict of interest shall be disqualified. A Bidder(including all members of a joint venture and all subcontractors

of a bidder) may be considered to have a conflict of interest if heis associated or has been associated in the past with a firm (or an

affiliate of such firm) or entity that has provided consultingservices related to the Works for the preparation of

specifications, drawings, calculations and other documents usedfor this bidding process or with a firm that has been hired (or is


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proposed to be hired) by the Employer as Engineer for thecontract.

3.5 A Bidder may participate in only one bid in this bidding processeither individually or as part of a joint venture. Participation by a

Bidder in more than one Bid will result in the disqualification ofall Bids in which the party is involved. However, this does not

limit the inclusion of the same subcontractor in more than onebid.

3.6 A firm that is under a declaration of ineligibility by the Agencyin accordance with ITB 2 at the date of the deadline for bidsubmission or thereafter, shall be disqualified.

3.7 Government-owned enterprises shall be eligible only if they canestablish that they are legally and financially autonomous andoperate under commercial law.

3.8 Bidders shall provide such evidence of their continued eligibilitysatisfactory to the Employer, as the Employer shall reasonably

request.

B. Contents of Bidding Document4. Sections of

Bidding

Document

4.1 The Bidding Document describes the Works to be contracted,sets the bidding procedures and stipulates the conditions of theContract. It comprises of:

PART 1 Bidding ProceduresSection IInvitation for Bids

Section II - Instructions to Bidders (ITB)Section III - Bid Data Sheet (BDS)

Section IV - Bidding Forms

PART 2 RequirementsSection V - Works Requirements

PART 3 Conditions of Contract and Contract Forms

Section VI - General Conditions (GC)Section VII - Particular Conditions (PC)

Section VIII - Contract Forms

4.2 The Bidder is expected to examine all instructions, forms, terms,and specifications in the Bidding Document. Failure to furnish

all information or documentation required by the BiddingDocument may result in the rejection of the bid.


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C. Preparation of Bids5. Language of Bid 5.1 The Bid, as well as all correspondence and documents relating to

the bid exchanged by the Bidder and the Employer, shall be

written in the English language.6. Documents

Comprising the

Bid

6.1 The Bid shall comprise the following:

(a)Letter of Bid dated and signed;

(b)completed Schedules as stipulated in Section IV;

(c)Bid Security, in accordance with ITB 10, if requested;

(d)written confirmation authorizing the signatory of the Bid tocommit the Bidder, in accordance with ITB 11.2;

(e)documentary evidence as stipulated in Section IVestablishing the Bidders qualifications to perform the

contract;

(f) Technical Proposal in accordance with ITB 8.

7. Currency of Bid 7.1 The currency of the bid shall be the currency of the Employerscountry.

8. DocumentsComprising the

Technical

Proposal

8.1 The Bidder shall furnish a Technical Proposal including astatement of work methods, equipment, personnel, schedule andany other information as stipulated in Section IV (Bidding

Forms), in sufficient detail to demonstrate the adequacy of theBidders proposal to meet the work requirements and the

completion time.

9. Period ofValidity of Bids

9.1 Bids shall remain valid for the period specified in the BDS afterthe bid submission deadline date prescribed by the Employer.

10. Bid Security 10.1Unless otherwise specified in the BDS, the Bidder shall not berequired to furnish a bid security.

11. Format andSigning of Bid

11.1The Bidder shall prepare one original of the documentscomprising the bid as described in ITB 6 and clearly mark it

ORIGINAL. In addition, the Bidder shall submit copies of thebid in the number specified in the BDS, and clearly mark each ofthem COPY. In the event of any discrepancy between the

original and the copies, the original shall prevail.

11.2The original and all copies of the bid shall be typed or written inindelible ink and shall be signed by a person duly authorized tosign on behalf of the Bidder. This authorization shall consist of a


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written confirmation as specified in the BDS and shall beattached to the bid. The name and position held by each person

signing the authorization must be typed or printed below thesignature.

D. Submission of Bids12. Sealing and

Marking of Bids

12.1Bidders may submit their bids by mail or by hand. Bidders shallenclose the original and each copy of the Bid, in separate sealed

envelopes, duly marking the envelopes as ORIGINAL andCOPY. These envelopes containing the original and the copies

shall then be enclosed in one single envelope.

12.2The inner and outer envelopes shall:

(a) bear the name and address of the Bidder;

(b) be addressed to the Employer as provided in the BDS;

(c) bear the specific identification of this bidding process

indicated in accordance with ITB 1.1; and

(d) bear a warning not to open before the time and date for bid

opening.

13. Deadline forSubmission of

Bids

13.1Bids must be received by the Employer at the address and nolater than the date and time indicated in the BDS.

14. Late Bids 14.1The Employer shall not consider any bid received after thedeadline for submission of bids, in accordance with ITB 13. Such

bids shall be declared late, rejected, and returned unopened to theBidder.

E. Opening and Evaluation of Bids15. Bid Opening 15.1The Employer shall open the bids in public at the address, date

and time specified in the BDS in the presence of Bidders`

designated representatives who choose to attend.

15.2The Employer shall prepare a record of the bid opening that shallinclude, as a minimum: the name of the Bidder, the Bid Price,

and the presence or absence of a bid security, if one wasrequired. A copy of the record shall be distributed to all Bidders.

16. Confidentiality 16.1Information relating to the examination, evaluation, comparison,of bids and recommendation of contract award, and qualificationof bidders shall not be disclosed to Bidders or any other persons


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not officially concerned with such process until information onContract award is communicated to all Bidders.

17. Evaluation ofBids

17.1The Employer shall evaluate and compare the bids by verifyingtheir conformity to the Bidding Document, correcting any

apparent arithmetical errors, and ranking the bids according to

their price from the lowest to the highest.

18. Verification ofthe Bidders

Qualification

18.1The Employer shall determine to its satisfaction whether theBidder that is selected as having submitted the lowest evaluated

and responsive bid meets the qualifying criteria specified in theBidding DocumentSection IV.

18.2Such determination shall take into account the financial,technical and production capacities of the Bidder and shall bebased on an examination of the documentation submitted by the

bidder in accordance with ITB 6.1(e) and Section IV, and anyother information which the Employer may deem necessary to

obtain.

18.3An affirmative determination of qualification shall be aprerequisite for award of the Contract to the Bidder. A negative

determination shall result in disqualification of the bid, in whichevent the Employer shall proceed to the next lowest evaluated

bid to make a similar determination of that Biddersqualifications to perform satisfactorily.

19. EmployersRight to Reject

Any or All Bids

19.1The Employer will reject a Bidders bid under the followingcircumstances:

(a) If the bid is not submitted in the requested form;

(b)If the bid is not signed, or price(s) is (are) incomplete;

(c) If the bidder submits or participates in more than one bid;

(d)If the total price is seriously unbalanced (by more or less than25 percent of the Employers estimate);

(e) If the bid is received late as per ITB 14;

(f) If the Bid contains deviations or reservations from the

Bidding Document deemed unacceptable by the Employer;

(g)If it is established that the workplan of the Bidder will notallow him to perform the Works as offered in the Bid; or

(h)If any of the documents requested in ITB 6 has not beensubmitted by the Bidder.

19.2The Employer reserves the right to reject all bids if no bid


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conforms to the Bidding Document or bid prices are substantiallyabove the Employers estimate.

F. Award of Contract20. Award Criteria 20.1The Employer shall award the Contract to the Bidder whose offer

has been determined to be the lowest evaluated bid and is

substantially responsive to the Bidding Document, providedfurther that the Bidder is determined to be qualified to perform

the Contract satisfactorily in accordance with ITB 18.

21. Notification ofAward

21.1Prior to the expiration of the period of bid validity, the Employershall notify the successful Bidder, in writing, via the Letter of

Acceptance included in the Contract Forms, that its bid has beenaccepted. At the same time, the Employer shall also notify all

other Bidders of the results of the bidding.

22. Signing ofContract

22.1Promptly upon notification, the Employer shall send thesuccessful Bidder the Contract Agreement.

22.2Within twenty-eight (28) days of receipt of the ContractAgreement, the successful Bidder shall sign, date, and return it to

the Employer, and furnish a Performance Security, if one isrequired in the Bidding Document.


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Section II Instructions to Bidders 25


Section III - Bid Data Sheet (BDS)

A. Introduction

ITB 1.1 The Employer is: [ insert complete name]

ITB 1.1 The name of the project is: [ insert name of the Project]

ITB 3.1 The individuals or firms in a JV,[insert shall or shall not]be jointlyand severally liable.

ITB 3.3 [Insert any eligibility restriction, if applicable. If there are none, leave this

entry blank or cancel it]

C. Preparation of Bids

ITB 9.1 The bid validity period shall be: [ insert the number of days deemed

appropriate]days.

ITB 10.1[Choose one of the following options as appropr iate.]

- A bid security shall not be required.

[or]

- The Bidder shall furnish a bid security as part of its bid in the amount of

[i nsert amount], in original form, using the form attached to the BiddingDocument.

ITB 11.1 In addition to the original of the bid, the number of copies is: [insertnumber of copies requir ed].

ITB 11.2 The written confirmation of authorization to sign on behalf of the Biddershall indicate: [insert

(a)The name and description of the documentation required todemonstrate the author ity of the signatory to sign the Bid such as a

Power of Attorney; and

(b)I n the case of Bids submi tted by an existing or in tended JV anundertaking signed by all parties (i ) stating that all parties shal l be

joint ly and several ly l iable, if so required in accordance with ITB

3.1, and (ii) nominating a Representative who shall have the

authori ty to conduct all business for and on behal f of any and all

the parties of the JV dur ing the bidding process and, in the event


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26 Section III - Bid Data Sheet


the JV is awarded the Contract, dur ing contract executi on.]

D. Submission of Bids

ITB 12.2 Forbid submission purposes only, the Employers address is: [i nsert al lrequir ed and applicable in formation]

Attention:

Street Address:

Floor/Room number:

City:

ZIP Code:

Country:

ITB 13.1 The deadline for bid submission is:

Date:

Time:

D. Opening and evaluation of Bids

ITB 15.1 The bid opening shall take place at: [ insert all r equired and appli cable

information]

Street Address:

Floor/Room number:

City:

Country:

Date:

Time:


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Section IV - Bidding Forms

Table of Forms

Letter of Bid....................................................................................................................... 28

Schedules ........................................................................................................................... 29

Bill of Quantities/ Schedules of Prices ......................................................................... 29

Form of Bid Security (Bank Guarantee) .......................................................................... 30

Technical Proposal ............................................................................................................ 31

Technical Proposal Forms ............................................................................................ 31

Bidders Qualification Data and Requirements ............................................................... 36

Bidder Information Sheet ............................................................................................. 40

Party to JV Information Sheet ...................................................................................... 41Average Annual Turnover ........................................................................................... 42

Experience ................................................................................................................... 43Financial Resources ..................................................................................................... 44


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28 Section 4 - Bidding Forms


Letter of Bid

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showingthe Bidders complete name and address.

Note: Al l itali cized text is for gui dance in preparing these forms.

Date: _______________

Bidding No.: _______________Invitation for Bid No.: _______________

To:

Having examined the Bidding Document, we offer to execute the [name and identificationnumber of Contract] in accordance with the Contract included in the Bidding Document for

the Contract Price of[insert amount in numbers], [insert amount in words] [insert name ofthe currency of the Employers country]. This price shall be fixed and not subject to

adjustment.

Our bid shall be valid for a period of ________ [insert validity period as specified in ITB9.1.] days from the date fixed for the bid submission deadline in accordance with the Bidding

Documents, and it shall remain binding upon us and may be accepted at any time before theexpiration of that period;

We understand that this bid, together with your written acceptance thereof included in your

notification of award, shall constitute a binding contract between us, until a formal contract isprepared and executed;

If we are awarded the contract, the person named below shall act as ContractorsRepresentative: ________________________________________________________

Name:

In the capacity of:

Signed:

Duly authorized to

sign the Bid for and onbehalf of:

Date:


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Schedules

Bill of Quantities/ Schedules of Prices


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Form of Bid Security (Bank Guarantee)

[To be deleted if a bid security is not required]

__________________________ [Banks Name, and Address of Issuing Branch or Office]

Beneficiary: __________________________[Name and Address ofEmployer]

Date: __________________________

BID GUARANTEE No.: __________________________

We have been informed that __________________________ [name of the Bidder](hereinafter called "the Bidder") has submitted to you its bid dated ___________ (hereinafter

called "the Bid") for the execution of ________________ [name of contract] underInvitation for Bids No. ___________ (the IFB).

Furthermore, we understand that, according to your conditions, bids must be supported by a

bid guarantee.

At the request of the Bidder, we ____________________[name of Bank] hereby irrevocably

undertake to pay you any sum or sums not exceeding in total an amount of ___________[amount in figures] (____________) [amount in words] upon receipt by us of your first

demand in writing accompanied by a written statement stating that the Bidder is in breach ofits obligation(s) under the bid conditions, because the Bidder:

(a) has withdrawn its Bid during the period of bid validity specified by the

Bidder in the Form of Bid; or

(b) having been notified of the acceptance of its Bid by the Employer duringthe period of bid validity fails or refuses to execute the Contract Form, ifrequired.

This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of

copies of the contract signed by the Bidder and the performance security issued to you uponthe instruction of the Bidder; and (b) if the Bidder is not the successful Bidder, upon the

earlier of (i) our receipt of a copy your notification to the Bidder of the name of thesuccessful Bidder; or (ii) twenty-eight days after the expiration of the Bidders bid.

Consequently, any demand for payment under this guarantee must be received by us at the

office on or before that date.This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.

458.

_____________________________

[signature(s)]


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5-31


Technical Proposal

Technical Proposal Forms

A. List of Key Staff to be assigned to the Works

List of key personnel to be assigned to the Works, and their relevant experience and

qualification.

Name of KeyStaff

Position Number of years experiencetotal and with the firm

Qualification/Education

1

2

Date: _________________________ (signature)

(Attach Resume of each staff, using the attached form to be signed by the staff).

Resume of Proposed Personnel

The Bidder shall provide all the information requested below. Fields with asterix (*) shall be

used for evaluation.

Position*

Personnel

information

Name * Date of birth

Professional qualifications

Present

employment

Name ofEmployer

Address ofEmployer

Telephone Contact (manager / personnelofficer)

Fax E-mail

Job title Years with present Employer


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Summarize professional experience in reverse chronological order. Indicate particular technicaland managerial experience relevant to the project.

From* To* Company, Project , Position, and Relevant Technical and ManagementExperience*


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B. List of Key Equipment to be assigned to the Works

The Bidder shall provide adequate information to demonstrate clearly that it has the equipment

necessary to perform the works.

Type of Equipment*

Equipment

Information

Name of manufacturer Model and power rating

Capacity* Year of manufacture*

Current

Status

Current location

Details of current commitments

Source Indicate source of the equipment

Owned Rented Leased Specially manufactured

The following information shall be provided only for equipment not owned by the Bidder.

Owner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex

Agreements Details of rental / lease / manufacture agreements specific to the project

Date: _________________________ (signature)

C. Site Organization, List and Composition of Site Crews

Crew Task to be performed Crew Composition


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Identification

1 Crew ForemanDrivers

Skilled staffOthers

2 Crew ForemanDrivers

Skilled staffOthers

Date: _________________________ (signature)

D. Proposed subcontracts and firms involved.

Sections of the Works Value of

subcontract

Subcontractor

(name and address)

Experience in similar work

(a)

(b)

E. Mobilization and Construction Schedules

The Bidder shall indicate details of the mobilization and construction schedules, including all mainactivities to be performed, consistent with the Contract Completion time. The Bidder will take intoaccount the expected climatic conditions. Use of a bar chart is advisable. The bidder may use asmany sheets as required.

No Task

Description

Durati

on

Start Date End Date Bar Chart (on month or week

basis)

1

2

Date : _________________________ (signature)

F. Sources of Materials to be used

The Bidder will provide details of all sources of materials to be used. The storage locationand conditions of the materials before their use on Site shall also be indicated.

Type of material Source/Origin of

material

Location of borrow

pit or inventory

Distance

from site

Storage

Conditions


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.

..

Date: _________________________ (signature)

G. Current Contract Commitments / Works in Progress of the Contractor

Bidders and each partner to a JV should provide information on their current commitments on

all contracts that have been awarded, or for which a letter of intent or acceptance has beenreceived, or for contracts approaching completion, but for which an unqualified, full

completion certificate has yet to be issued.

Name of contract Employer,

contactaddress/tel/fax

Value of

outstanding work(current

equivalent)

Estimated

completion date

Average monthly

invoicing overlast six months

(/month)

1.

2.

3.

4.

5.

etc.

Date : _________________________ (signature)


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Bidders Qualification Data and Requirements

To establish its qualifications to perform the contract the Bidder shall provide the

information included hereunder.

[The information to be filled in by biddersin the following pages shall be used for purposes

of verification of qualification as provided for in ITB Clause 18. This information shall notbe incorporated in the Contract. Attach additional pages as necessary.]

1. Individual

Bidders or

Individual

Members of

Joint Ventures

1.1 Constitution or legal status of Bidder: Bidder to fill Form 1.1attached

1.2 Power of attorney of signatory of Bid: Bidder to attached Power

of attorney

1.3 Annual amounts of construction works performed during the lastthree years: Bidder to fill Form 1.3 attached

Qualification requirement: the biddermust have average annualturnover of[insert an amount of two to three times the amount of turnover

expected to be generated by the proposed contract on a one-year basis ],calculated as total certified payments received for contracts in progress or

completed, within the last three years

1.4Works of a nature and amount similar to the Works performedover the last three years: Bidder to fill Form 1.4

Qualification requirement: the biddermust have performed at least twocontracts in the role of contractor, or subcontractor, within the last three (3)years , each with a value of at least [insert a value of approximately 80

percent of the value of the proposed contract], that have been successfully

and substantially completed and that are similar to the proposed Works. Thesimilarity shall be based on the physical size, complexity, methods /

technology or other characteristics as described inSection V,Employers

Requirements.

1.5 Financial reports for the last three years: balance sheets, profit

and loss statements, auditors reports, etc. :

Qualification requirement: Bidder must submit audited balance sheetsor other financial statements acceptable to the Employer, for the last three

(3) years to demonstrate the current soundness of the bidders financial

position and its prospective long term profitability.

1.6 Evidence of access to financial resources to meet thequalification requirements: cash in hand, lines of credit, etc. :


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Bidder must fill Form 1.6 attached

Qualification requirement: The Bidder must demonstrate access to, oravailability of, financial resources such as liquid assets, unencumbered realassets, lines of credit, and other financial means, other than any contractual

advance payments to meet the following cash-flow requirement: [insert

amount which represents the value of work which the Contractor will haveto perform before receiving payment of such work by the Employerusuallythree to four month worth of work]


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2. Joint Ventures 2.1 The information listed in 1.1 - 1.5 above shall be provided foreach partner of the joint venture.

2.2 The information in 1.6 above shall be provided for the jointventure.

2.3 Attach the power of attorney of the signatory(ies) of the Bidauthorizing signature of the Bid on behalf of the joint venture.

2.4 Attach the Agreement among all partners of the joint venture(and which is legally binding on all partners), which shows that:

(a) if so required in the BDS/ITB 3.1, all partners shall bejointly and severally liable for the execution of the Contract

in accordance with the Contract terms;

(b) one of the partners shall be nominated as being in charge,authorized to incur liabilities, and receive instructions for

and on behalf of any and all partners of the joint venture;and

(c) the execution of the entire Contract, including payment,

shall be done exclusively with the partner in charge.

Qualification requirements: The figures for each of the partners of a

joint venture shall be added together to determine the Bidderscompliance with the minimum qualifying criteria of 1.3 and 1.4;


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3. Failure to comply with this requirement shall result in rejection of thejoint ventures Bid. Subcontractors experiences and resources shall

not be taken into account in determining the Bidders compliance withthe qualifying criteria.


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Form 1.1

Bidder Information Sheet

Date: ______________________

Bidding No.: ________________

Invitation for Bid No.: ________Page ________ of _______ pages

1. Bidders Legal Name

2. In case of JV, legal name of each party:

3. Bidders actual or intended Country of Registration:

4. Bidders Year of Registration:

5. Bidders Legal Address in Country of Registration:

6. Bidders Authorized Representative Information

Name:

Address:

Telephone/Fax numbers:

Email Address:

7. Attached are copies of original documents of:

Articles of Incorporation or Registration of firm named in 1, above. In case of JV, letter of intent to form JV including a draft agreement, or JV agreement, in

accordance with ITB Sub-Clauses 3.1

In case of government owned entity, documents establishing legal and financial autonomyand compliance with the principles of commercial law, in accordance with ITB Sub-Clause3.7.


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Form 2.1

Party to JV Information Sheet

Date: ______________________

Bidding No.: ___________________Invitation for Bid No.:_________Page ________ of_ ______ pages

1. Bidders Legal Name:

2. JVs Party legal name:

3. JVs Party Country of Registration:

4. JVs Party Year of Registration:

5. JVs Party Legal Address in Country of Registration:

6. JVs Party Authorized Representative Information

Name:

Address:Telephone/Fax numbers:

Email Address:

7. Attached are copies of original documents of:

Articles of Incorporation or Registration of firm named in 1, above.

In case of government owned entity, documents establishing legal and financialautonomy and compliance with the principles of commercial law, in accordance withITB Sub-Clause 3.7.


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Form 1.3

Average Annual Turnover

Bidders Legal Name: ___________________________ Date: _____________________JV Partner Legal Name: ____________________________ BiddingNo.: ______________

Page _______ of _______ pages

Annual turnover data (construction only)

Year Amount and Currency Equivalent in Currencyof Employers country

_________________________________________ ____________________

_________________________________________ ____________________

_________________________________________ ____________________

_________________________________________ ____________________

_________________________________________ ____________________

*Average

AnnualConstruction

Turnover

_________________________________________ ____________________

*Average annual turnover calculated as total certified payments received for work in

progress or completed over the last three years.


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Form 1.4

Experience

Bidders Legal Name: ____________________________ Date: _____________________

JV Partner Legal Name: ____________________________ Bidding No.: ________________Page _______ of _______ pages

Starting

Month /Year

Ending

Month /Year Years*

Contract Identification Value of

Contract

______ ______Contract name:Brief Description of the Works performed by the

Bidder:

Name of Employer:

Address:

_________

______ ______

Contract name:

Brief Description of the Works performed by the

Bidder:Name of Employer:

Address:

_________

______ ______

Contract name:

Brief Description of the Works performed by theBidder:

Name of Employer:

Address:

_________

______ ______

Contract name:

Brief Description of the Works performed by theBidder:

Name of Employer:Address:

_________

______ ______

Contract name:

Brief Description of the Works performed by the

Bidder:Name of Employer:

Address:

_________

______ ______Contract name:Brief Description of the Works performed by the

Bidder:

Name of Employer:Address:

_________

*List calendar year starting with the earliest year


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Form 1.6

Financial Resources

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of

credit, and other financial means, net of current commitments, available to meet the totalconstruction cash flow demands of the subject contract or contracts as indicated in Section III(Evaluation and Qualification Criteria)

Source of financing Amount

1.

2.

3.

4.


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45


PART 2Employers Requirements


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47


Section V - Employers Requirements

Table of Contents

Specifications ..................................................................................................................... 48

Drawings ............................................................................................................................ 50

Supplementary Information ............................................................................................. 51


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48 Section VEmployers Requirements


Specifications

A set of precise and clear Specifications is a prerequisite for bidders to respond realisticallyand competitively to the requirements of the Employer without qualifying or conditioning

their bids. In the context of international competitive bidding, the Specifications must be

drafted to permit the widest possible competition and, at the same time, present a clearstatement of the required standards of workmanship, materials, and performance of the goodsand services to be procured. Only if this is done shall the objectives of economy, efficiency,

and fairness in procurement be realized, responsiveness of bids be ensured, and thesubsequent task of Bid evaluation facilitated. The Specifications should require that all

goods and materials to be incorporated in the Works be new, unused, of the most recent orcurrent models, and incorporate all recent improvements in design and materials unless

provided otherwise in the Contract.

Samples of Specifications from previous similar projects in the same country are useful in toprepare Specifications. Most Specifications are normally written specially by the Employer

or Project Manager to suit the Contract Works in hand. There is no standard set ofSpecifications for universal application in all sectors in all countries, but there are established

principles and practices, which are reflected in these documents.

There are considerable advantages in standardizing General Specifications for repetitiveWorks in recognized public sectors, such as highways, ports, railways, urban housing,

irrigation, and water supply, in the same country or region where similar conditions prevail.The General Specifications should cover all classes of workmanship, materials, and

equipment commonly involved in construction, although not necessarily to be used in aparticular Works Contract. Deletions or addendums should then adapt the General

Specifications to apply them to the particular Works.

Care must be taken in drafting Specifications to ensure that they are not restrictive. In the

Specifications of standards for goods, materials, and workmanship, recognized internationalstandards should be used as much as possible. Where other particular standards are used,

whether national standards of the Borrowers country or other standards, the Specificationsshould state that goods, materials, and workmanship that meet other authoritative standards,

and which ensure substantially equal or higher quality than the standards mentioned, shallalso be acceptable. To that effect, the following sample clause may be inserted in the Special

Conditions or Specifications.

Equivalency of Standards and Codes

Wherever reference is made in the Contract to specific standards and codes to be met by thegoods and materials to be furnished, and work performed or tested, the provisions of the

latest current edition or revision of the relevant standards and codes in effect shall apply,unless otherwise expressly stated in the Contract. Where such standards and codes are

national, or relate to a particular country or region, other authoritative standards that ensure asubstantially equal or higher quality than the standards and codes specified shall be accepted

subject to the Project Managers prior review and written consent. Differences between thestandards specified and the proposed alternative standards shall be fully described in writing


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Section VEmployers Requirements 49


by the Contractor and submitted to the Project Manager at least 28 days prior to the datewhen the Contractor desires the Project Managers consent. In the event the Project Manager

determines that such proposed deviations do not ensure substantially equal or higher quality,the Contractor shall comply with the standards specified in the documents.

These Notes for Preparing Specifications are intended only as information for the Employeror the person drafting the bidding documents. They should not be included in the final

documents.


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50 Section VEmployers Requirements


Drawings

Insert here a list of Drawings. The actual Drawings, including site plans, should be attachedto this section or annexed in a separate folder.


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Section VEmployers Requirements 51


Supplementary Information


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53


PART 3Conditions of Contract and

Contract Forms


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55


Section VII. General Conditions of Contract

These General Conditions of Contract (GCC), read in conjunction with the ParticularConditions of Contract (PCC) and other documents listed therein, should be a complete

document expressing fairly the rights and obligations of both parties.

The GCC can be used for both smaller admeasurement contracts and lump sum contracts, forcontracts not exceeding 1 million in value.


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56 Section VIGeneral Conditions of Contract


Table of Clauses

A. General......................................................................................................................... 58

1. Definitions ............................................................................................................... 582. Interpretation ........................................................................................................... 603. Language and Law .................................................................................................. 61

4. Project Managers Decisions ................................................................................... 615. Delegation ............................................................................................................... 61

6. Communications ...................................................................................................... 617. Subcontracting ......................................................................................................... 61

8. Other Contractors .................................................................................................... 619. Personnel and Equipment ........................................................................................ 62

10. Employers and Contractors Risks .......................................................................... 6211. Employers Risks .................................................................................................... 62

12. Contractors Risks ................................................................................................... 6313. Insurance ................................................................................................................. 63

14. Site Data .................................................................................................................. 6315. Contractor to Construct the Works ........................................................................... 64

16. The Works to Be Completed by the Intended Completion Date ............................... 6417. Approval by the Project Manager ............................................................................ 64

18. Safety 6419. Discoveries .............................................................................................................. 64

20. Possession of the Site .............................................................................................. 6421. Access to the Site .................................................................................................... 64

22. Instructions, Inspections and Audits ......................................................................... 65

23. Appointment of an Adjudicator................................................................................ 6524. Procedure for Disputes ............................................................................................ 65

B. Time Control ................................................................................................................ 66

25. Program ................................................................................................................... 6626. Extension of the Intended Completion Date ............................................................. 66

27. Acceleration ............................................................................................................ 6728. Delays Ordered by the Project Manager ................................................................... 67

29. Management Meetings............................................................................................. 6730. Early Warning ......................................................................................................... 67

C. Quality Control ............................................................................................................ 68

31. Identifying Defects .................................................................................................. 68

32. Tests 6833. Correction of Defects ............................................................................................... 68

34. Uncorrected Defects ................................................................................................ 68


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Section VIIGeneral Conditions of Contract 57


D. Cost Control ................................................................................................................. 68

35. Contract Price .......................................................................................................... 68

36. Changes in the Contract Price .................................................................................. 6937. Variations ................................................................................................................ 69

38. Cash Flow Forecasts ................................................................................................ 7039. Payment Certificates ................................................................................................ 70

40. Payments ................................................................................................................. 7041. Compensation Events............................................................................................... 71

42. Tax ...................................................................................................................... 7243. Currency of Payment ............................................................................................... 73

44. Price Not to be Adjusted .......................................................................................... 7345. Retention ................................................................................................................. 73

46. Liquidated Damages ................................................................................................ 7347. Bonus ...................................................................................................................... 73

48. Advance Payment .................................................................................................... 73

49. Securities ................................................................................................................. 7450. Dayworks ................................................................................................................ 7451. Cost of Repairs ........................................................................................................ 74

E. Finishing the Contract ................................................................................................. 75

52. Completion .............................................................................................................. 75

53. Taking Over ............................................................................................................. 7554. Final Account .......................................................................................................... 75

55. Operating and Maintenance Manuals ....................................................................... 7556. Termination ............................................................................................................. 75

57. Fraud and Corruption ............................................................................................... 7658. Payment upon Termination ...................................................................................... 77

59. Property ................................................................................................................... 7760. Release from Performance ....................................................................................... 78

61. Environmental and Social Standards ................................................................................... 78


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General Conditions of Contract

A. General

1. Definitions 1.1 Boldface type is used to identify defined terms.(a) The Accepted Contract Amount means the amount

accepted in the Letter of Acceptance for the execution

and completion of the Works and the remedying of anydefects.

(b) The Activity Schedule is a schedule of the activitiescomprising the construction, installation, testing, andcommissioning of the Works in a lump sum contract. It

includes a lump sum price for each activity, which is usedfor valuations and for assessing the effects of Variations

and Compensation Events.

(c) The Adjudicator is the person appointed jointly by theEmployer and the Contractor to resolve disputes in the

first instance, as provided for in GCC 23.

(d) Agency means the French Development Agency

(e) Bill of Quantities means the priced and completed Bill ofQuantities forming part of the Bid.

(f) Compensation Events are those defined in GCC Clause41 hereunder.

(g) The Completion Date is the date of completion of the

Works as certified by the Project Manager, in accordancewith GCC Sub-Clause 52.1.

(h) The Contract is the Contract between the Employer andthe Contractor to execute, complete, and maintain the

Works. It consists of the documents listed in GCC Sub-Clause 2.3 below.

(i) The Contractor is the party whose Bid to carry out theWorks has been accepted by the Employer.

(j) The Contractors Bid is the completed bidding document

submitted by the Contractor to the Employer.

(k) The Contract Price is the Accepted Contract Amountstated in the Letter of Acceptance and thereafter as

adjusted in accordance with the Contract.

(l) Days are calendar days; months are calendar months.

(m) Dayworks are varied work inputs subject to payment on a


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time basis for the Contractors employees andEquipment, in addition to payments for associated

Materials and Plant.

(n) A Defect is any part of the Works not completed inaccordance with the Contract.

(o) The Defects Liability Certificate is the certificate issuedby Project Manager upon correction of defects by theContractor.

(p) The Defects Liability Period is the period named in thePCC pursuant to Sub-Clause 33.1 and calculated from

the Completion Date.

(q) Drawings means the drawings of the Works, as includedin the Contract, and any additional and modified

drawings issued by (or on behalf of) the Employer in

accordance with the Contract, include calculations andother information provided or approved by the ProjectManager for the execution of the Contract.

(r) The Employer is the party who employs the Contractor tocarry out the Works, as specified in the PCC.

(s) Equipment is the Contractors machinery and vehiclesbrought temporarily to the Site to construct the Works.

(t) In writing or written means hand-written, type-written, printed or electronically made, and resulting in a

permanent record;(u) The Initial Contract Price is the Contract Price listed in

the Employers Letter of Acceptance.

(v) The Intended Completion Date is the date on which it isintended that the Contractor shall complete the Works.

The Intended Completion Date is specified in the PCC.The Intended Completion Date may be revised only by

the Project Manager by issuing an extension of time or anacceleration order.

(w) Materials are all supplies, including consumables, used

by the Contractor for incorporation in the Works.

(x) Plant is any integral part of the Works that shall have amechanical, electrical, chemical, or biological function.

(y) The Project Manager is the person named in the PCC (orany other competent person appointed by the Employer

and notified to the Contractor, to act in replacement ofthe Project Manager) who is responsible for supervising


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the execution of the Works and administering theContract.

(z) PCC means Particular Conditions of Contract

(aa) The Site is the area defined as such in the PCC.

(bb) Site Investigation Reports are those that were included inthe bidding documents and are factual and interpretative

reports about the surface and subsurface conditions at theSite.

(cc) Specification means the Specification of the Worksincluded in the Contract and any modification or additionmade or approved by the Project Manager.

(dd) The Start Date is given in the PCC. It is the latest datewhen the Contractor shall commence execution of theWorks. It does not necessarily coincide with any of the

Site Possession Dates.

(ee) A Subcontractor is a person or corporate body who has aContract with the Contractor to carry out a part of thework in the Contract, which includes work on the Site.

(ff) Temporary Works are works designed, constructed,installed, and removed by the Contractor that are neededfor construction or installation of the Works.

(gg) A Variation is an instruction given by the ProjectManager which varies the Works.

(hh) The Works are what the Contract requires the Contractorto construct, install, and turn over to the Employer, asdefined in the PCC.

2. Interpretation 2.1 In interpreting these GCC, words indicating one gender includeall genders. Words indicating the singular also include the pluraland words indicating the plural also include the singular.

Headings have no significance. Words have their normalmeaning under the language of the Contract unless specifically

defined. The Project Manager shall provide instructionsclarifying queries about these GCC.

2.2 If sectional completion is specified in the PCC, references in theGCC to the Works, the Completion Date, and the IntendedCompletion Date apply to any Section of the Works (other thanreferences to the Completion Date and Intended Completion

Date for the whole of the Works).

2.3 The documents forming the Contract shall be interpreted in the


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following order of priority:

(a) Agreement,

(b) Letter of Acceptance,

(c) Contractors Bid,

(d) Particular Conditions of Contract,

(e) General Conditions of Contract,

(f) Specifications,

(g) Drawings,

(h) Bill of Quantities,7 and

(i) any other document listed in the PCC as forming part ofthe Contract.

3. Language andLaw

3.1 The language of the Contract and the law governing the Contractare stated in the PCC.

4. ProjectManagers

Decisions

4.1 Except where otherwise specifically stated, the Project Managershall decide contractual matters between the Employer and the

Contractor in the role representing the Employer.

5. Delegation 5.1 The Project Manager may delegate any of his duties andresponsibilities to other people, after notifying the Contractor,

and may revoke any delegation after notifying the Contractor.

6. Communica-tions

6.1 Communications between parties that are referred to in theConditions shall be effective only when in writing. A noticeshall be effective only when it is delivered.

7. Subcontracting 7.1 The Contractor may subcontract with the approval of the ProjectManager, but may not assign the Contract without the approval

of the Employer in writing. Subcontracting shall not alter theContractors obligations.

8. OtherContractors

8.1 The Contractor shall cooperate and share the Site with othercontractors, public authorities, utilities, and the Employer

between the dates given in the Schedule of Other Contractors, asreferred to in the PCC. The Contractor shall also providefacilities and services for them as described in the Schedule. The

Employer may modify the Schedule of Other Contractors, and

shall notify the Contractor of any such modification.

7 In lump sum contracts, delete Bill of Quantities and replace with Activity Schedule.


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9. Personnel andEquipment

9.1 The Contractor shall employ the key personnel and use theequipment identified in its Bid, to carry out the Works or other

personnel and equipment approved by the Project Manager. TheProject Manager shall approve any proposed replacement of key

personnel and equipment only if their relevant qualifications or

characteristics are substantially equal to or better than thoseproposed in the Bid.

9.2 If the Project Manager asks the Contractor to remove a personwho is a member of the Contractors staff or work force, statingthe reasons, the Contractor shall ensure that the person leaves the

Site within seven days and has no further connection with thework in the Contract.

10.Employersand

Contractors

Risks

10.1 The Employer carries the risks which this Contract states areEmployers risks, and the Contractor carries the risks which thisContract states are Contractors risks.

11.EmployersRisks

11.1 From the Start Date until the Defects Liability Certificate hasbeen issued, the following are Employers risks:

(a) The risk of personal injury, death, or loss of or damage toproperty (excluding the Works, Plant, Materials, and

Equipment), which are due to

(i) use or occupation of the Site by the Works or for thepurpose of the Works, which is the unavoidable result

of the Works or

(ii) negligence, breach of statutory duty, or interferencewith any legal right by the Employer or by any person

employed by or contracted to him except theContractor.

(b) The risk of damage to the Works, Plant, Materials, andEquipment to the extent that it is due to a fault of the

Employer or in the Employers design, or due to war orradioactive contamination directly affecting the country

where the Works are to be executed.

11.2 From the Completion Date until the Defects Liability Certificatehas been issued, the risk of loss of or damage to the Works,

Plant, and Materials is an Employers risk except loss or damagedue to

(a) a Defect which existed on the Completion Date,

(b) an event occurring before the Completion Date, which was


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not itself an Employers risk, or

(c) the activities of the Contractor on the Site after theCompletion Date.

12.ContractorsRisks

12.1 From the Starting Date until the Defects Liability Certificate has

been issued, the risks of personal injury, death, and loss of ordamage to property (including, without limitation, the Works,Plant, Materials, and Equipment) which are not Employers risks

are Contractors risks.

13.Insurance 13.1 The Contractor shall provide, in the joint names of the Employerand the Contractor, insurance cover from the Start Date to the

end of the Defects Liability Period, in the amounts anddeductibles stated in the PCC for the following events which are

due to the Contractors risks:

(a) loss of or damage to the Works, Plant, and Materials;

(b) loss of or damage to Equipment;

(c) loss of or damage to property (except the Works, Plant,Materials, and Equipment) in connection with the Contract;and

(d) personal injury or death.

13.2 Policies and certificates for insurance shall be delivered by theContractor to the Project Manager for the Project Managers

approval before the Start Date. All such insurance shall provide

for compensation to be payable in the types and proportions ofcurrencies required to rectify the loss or damage incurred.

13.3 If the Contractor does not provide any of the policies andcertificates required, the Employer may effect the insurance

which the Contractor should have provided and recover thepremiums the Employer has paid from payments otherwise due

to the Contractor or, if no payment is due, the payment of thepremiums shall be a debt due.

13.4 Alterations to the terms of an insurance shall not be made

without the approval of the Project Manager.

13.5 Both parties shall comply with any conditions of the insurancepolicies.

14.Site Data 14.1 The Contractor shall be deemed to have examined any Site Datareferred to in the PCC, supplemented by any information

available to the Contractor.


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15.Contractor toConstruct the

Works

15.1 The Contractor shall construct and install the Works inaccordance with the Specifications and Drawings.

16.The Works toBe Completed

by the

Intended

Completion

Date

16.1 The Contractor may commence execution of the Works on theStart Date and shall carry out the Works in accordance with theProgram submitted by the Contractor, as updated with the

approval of the Project Manager, and complete them by theIntended Completion Date.

17.Approval bythe Project

Manager

17.1 The Contractor shall submit Specifications and Drawingsshowing the proposed Temporary Works to the Project Manager,for his approval.

17.2 The Contractor shall be responsible for design of TemporaryWorks.

17.3 The Project Managers approval shall not alter the Contractorsresponsibility for design of the Temporary Works.

17.4 The Contractor shall obtain approval of third parties to the designof the Temporary Works, where required.

17.5 All Drawings prepared by the Contractor for the execution of thetemporary or permanent Works, are subject to prior approval bythe Project Manager before this use.

18.Safety 18.1 The Contractor shall be responsible for the safety of all activitieson the Site.

19.Discoveries 19.1 Anything of historical or other interest or of significant valueunexpectedly discovered on the Site shall be the property of the

Employer. The Contractor shall notify the Project Manager ofsuch discoveries and carry out the Project Managers instructionsfor dealing with them.

20.Possession ofthe Site

20.1 The Employer shall give possession of all parts of the Site to theContractor. If possession of a part is not given by the date stated

in the PCC, the Employer shall be deemed to have delayed thestart of the relevant activities, and this shall be a CompensationEvent.

21.Access to theSite

21.1 The Contractor shall allow the Project Manager and any personauthorized by the Project Manager access to the Site and to any

place where work in connection with the Contract is beingcarried out or is intended to be carried out.


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22.Instructions,Inspections

and Audits

22.1 The Contractor shall carry out all instructions of the ProjectManager which comply with the applicable laws where the Site

is located.

22.2 The Contractor shall permit the Agency and/or persons appointedby the Agency to inspect the Site and/or the accounts and recordsof the Contractor and its sub-contractors relating to the

performance of the Contract, and to have such accounts andrecords audited by auditors appointed by the Agency if required

by the Agency. The Contractors attention is drawn to Sub-Clause 57.1 which provides, inter alia, that acts intended to

materially impede the exercise of the Agencys inspection andaudit rights provided for under Sub-Clause 22.2 constitute a

prohibited practice subject to contract termination (as well as to adetermination of ineligibility by the Agency).

23.Appointmentof anAdjudicator

23.1 The Adjudicator shall be appointed jointly by the Employer and

the Contractor. If the Employer and the Contractor do not agreeon the appointment of the Adjudicator, the Employer or the

Contractor may request the Appointing Authority designated inthe PCC, to appoint the Adjudicator within 14 days of receipt of

such request.

23.2 Should the Adjudicator resign or die, or should the Employer andthe Contractor agree that the Adjudicator is not functioning in

accordance with the provisions of the Contract, a newAdjudicator shall be jointly appointed by the Employer and the

Contractor. In case of disagreement between the Employer and

the Contractor, within 30 days, the Adjudicator shall bedesignated by the Appointing Authority designated in the PCC atthe request of either party, within 14 days of receipt of such

request.

24.Procedure forDisputes

24.1 If the Contractor believes that a decision taken by the ProjectManager was either outside the authority given to the ProjectManager by the Contract or that the decision was wrongly taken,

the decision shall be referred to the Adjudicator within 14 daysof the notification of the Project Managers decision.

24.2 The Adjudicator shall give a decision in writing within 28 days

of receipt of a notification of a dispute.

24.3 The Adjudicator shall be paid by the hour at the rate agreed at thetime of appoin

Small Works Common Law

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Transcript of Small Works Common Law