master procurement document for works

7/27/2019 Master Procurement Document for Works

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Master Procurement

Documents

Bidding Documents for Procuremen

of Works

May 2003

March 2006

This Master Bidding Document for Procurement of Works has been prepared through the

joint efforts of the Mutiatera De!eopment Banks "MDBs# and $nternationa %inancia

$nstitutions "$%$s#& namey' the (sian De!eopment Bank "(DB#& (frican De!eopment Bank

"(fDB#) Back *ea Trade and De!eopment Bank "B*TDB#& +aribbean De!eopment Bank"+DB#& +ommission of the ,uropean +ommunities "+,+#& ,uropean Bank for

-econstruction and De!eopment ",B-D#& ,uropean $n!estment Bank ",$B#& $nter.

(merican De!eopment Bank "$DB#& $nternationa Bank for -econstruction and

De!eopment "$B-D#& /ordic De!eopment %und "/D%#& /orth (merican De!eopment

Bank "/(DB#& and the nited /ations De!eopment Programme "/DP#1 The Master

document is intended to be used as a mode by these organiations for issuing ne and

better harmonied *tandard Bidding Documents for each indi!idua institution1 The

document is intended to be fooed& insofar as possibe& hie aoing for institutiona and

member country considerations1 The te4t shon in $taics corresponds to institution specific

causes that each MDB and $%$ i repace ith pro!isions consistent ith its respecti!e

poicy1 ,ach MDB and $%$ i draft its on ser5s uide1


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Summary Description


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iv

%oreord

This Master Bidding Document for Procurement of Works and Users Guide has beenprepared by the Mutiatera Deveopment Banks and !nternationa "inancing !nstitutions tobe used as a mode by these organi#ations for issuing ne$ and better harmoni#ed biddingdocuments for each individua institution%

The Genera &onditions 'Section (!!) are the Bank *armoni#ed +dition of the Genera&onditions of &ontract prepared by the !nternationa "ederation of &onsuting +ngineers'Fdration Internationale des Ingnieurs-Conseils, or "!D!&), in agreement $ith variousMutiatera Deveopment Banks%

The document is intended to be foo$ed, insofar as possibe, $hie ao$ing for institutionaand member country considerations% The te-t sho$n in itaics corresponds to institutionspecific causes that each MDB.!"! $i repace $ith provisions consistent $ith its respectivepoicy% T$o aternative Sections !!!, +vauation and /uaification &riteria are provided toaddress the possibiity of having or not having pre0uaification of Bidders


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ST12D13D P34&U3+M+2T D4&UM+2TS

Procurement of Works

7

ser5s uide

52ame of Bank6

4ctober 7889


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SBD "ore$ord

%oreord

This Standard Bidding Document for Procurement of Works and Users Guide has beenprepared by 5name of Bank6 and is based on the Master Procurement Document forProcurement of Works and Users Guide prepared by the Mutiatera Deveopment Banksand !nternationa "inancing !nstitutions%

The document is organi#ed into t$o '7) main components:

The Standard Bidding Document; and

1 Users Guide for Procurement of Works

This document refects the structure and the provisions of the Master Procurement Documentfor the Procurement of Works, e-cept $here specific considerations $ithin the respectivemutiatera deveopment bank have re0uired a change%

iii


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iv SBD Summary Description

*ummary Description

The use of this Standard Bidding Document for Procurement of Works and its Users Guide

appies when a prequalification process has taken place before bidding / when aprequalification process has not taken place before bidding% 1 brief description of thesedocuments is given beo$% The te-t sho$n in !taics corresponds to institution specificcauses that each MDB $i repace $ith provisions consistent $ith its respective poicy%

*BD for Procurement of Works

P(-T 8 9 B$DD$/ P-:+,D-,*

*ection $' $nstructions to Bidders "$TB#

This Section provides reevant information to hep Bidders prepare their bids%!nformation is aso provided on the submission, opening, and evauation ofbids and on the a$ard of &ontracts% *ection $ contains pro!isions that areto be used ithout modification1

*ection $$1 Bid Data *heet "BD*#

This Section consists of provisions that are specific to each procurement andthat suppement the information or re0uirements incuded in Section !,

!nstructions to Bidders%

*ection $$$1 ,!auation and Qualification+riteria

This Section contains the criteria to determine the o$est evauated bid andthe qualifications of the Bidder to perform the contract%

*ection $;' Bidding %orms

This Section contains the forms $hich are to be competed by the Bidder andsubmitted as part of his Bid

*ection ;1 ,igibe +ountries

This Section contains information regarding eigibe countries%


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SBD Summary Description

P(-T 2 9 WORKS-,


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S T A N D A R D B $ D D $ / D : + M , / T *

Procurement of Works

Bidding Document for Procurement

of

$ssued on' ...............

ICB/o'>>>>>11

Emplo!"'................

+ountry'...............


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i-

Preface

This Bidding Document for Procurement of Works has been prepared by 5+-ecuting1gency6 and is based on the Standard Procurement Document


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-

Standa"dBidding Document

Tabe of +ontents

May 200311111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111ii

March 20061111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111ii

Section !% !nstructions to Bidders%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%9

Section !!% Bid Data Sheet%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7>

Section !!!% +vauation and /uaification &riteria%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%99

'"oo$ing Pre0uaification)%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%99

Section !!!% +vauation and /uaification &riteria%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%9?

'Without Pre0uaification)%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%9?

Section !(% Bidding "orms%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%@A

Section (% +igibe &ountries%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%?9

Section (!% Works 3e0uirements%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%9

Section (!!% Genera &onditions 'G&)%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%9


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P(-T 8 9 Bidding Procedures


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AE9

*ection $1 $nstructions to Bidders

Tabe of +auses

(1enera1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111A

A%Scope of Bid

7%Source of "unds%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

9%&orrupt Practices %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%>

@%+igibe Bidders%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%A8

C%+igibe Materias, +0uipment and Services%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%A7

B1+ontents of Bidding Document1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111182

?%Sections of Bidding Document%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%A7

F%&arification of Bidding Document, Site (isit, PreEBid Meeting%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%A9

%1mendment of Bidding Document%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%A@

+1Preparation of Bids1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111118

>%&ost of Bidding%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%AC

A8%anguage of Bid%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%AC


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Section !% !nstructions to Bidders AEC

7?%&onfidentiaity%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%79

7F%&arification of Bids%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%79

7%Deviations, 3eservations, and 4missions%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%79

7>%Determination of 3esponsiveness %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7@

98%2onmateria 2onconformities %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7@

9A%&orrection of 1rithmetica +rrors%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7C

97%&onversion to Singe &urrency %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7C

99%Margin of Preference%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7C

9@%+vauation of Bids%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7C

9C%&omparison of Bids%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7?

9?%/uaification of the Bidder%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7F

9F%+mpoyers 3ight to 1ccept 1ny Bid, and to 3eHect 1ny or 1 Bids%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7F

%1(ard of +ontract111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111112C

9%1$ard &riteria%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7F

9>%2otification of 1$ard%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7F

@8%Signing of &ontract%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7

@A%Performance Security%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%7


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Section !% !nstructions to Bidders AE>

31 +orrupt

Practices

A%? 'he Bank requires that Borrowers "including beneficiaries ofBank loans#( as well as Bidders( Suppliers( Contractors( and

Consultants under Bank-financed contracts( obser$e the highest

standard of ethics during the procurement and eecution ofsuch contracts,In pursuance of this polic( the Bank.

'a) defines( for the purposes of this pro$ision( the terms setforth below as follows.

'i) corrupt practice0 means the offering( gi$ing(recei$ing( or soliciting of anthing of $alue toinfluence the action of a public official in the

procurement process or in contract eecution1 and

'ii) fraudulent practice0 means a misrepresentation offacts in order to influence a procurement process or

the eecution of a contract to the detriment of the

Borrower( and includes collusi$e practices amongBidders "prior to or after bid submission# designed

to establish bid prices at artificial( noncompetiti$e

le$els and to depri$e the borrower of the benefits offree and open competition1

'iii)


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AEA7 Section !% !nstructions to Bidders

A%A@ Firms shall be ecluded if.

'a) as a matter of law or official regulation( the Borrower abo$e and all ependitures under theContract will be limited to such materials( equipment( and

ser$ices, &t the Emploer


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AEA@ Section !% !nstructions to Bidders

A%79 The Bidder is advised to visit and e-amine the Site of Works andits surroundings and obtain for itsef on its o$n responsibiitya information that may be necessary for preparing the bid andentering into a contract for construction of the Works% Thecosts of visiting the Site sha be at the Bidders o$n e-pense%

A%7@ The Bidder and any of its personne or agents $i be grantedpermission by the Emploer to enter upon its premises andands for the purpose of such visit, but ony upon the e-presscondition that the Bidder, its personne, and agents $i reeaseand indemnify theEmploerand its personne and agents fromand against a iabiity in respect thereof, and $i beresponsibe for death or persona inHury, oss of or damage toproperty, and any other oss, damage, costs, and e-pensesincurred as a resut of the inspection%

A%7C The Bidders designated representative is invited to attend a preEbid meeting, if provided for in the BDS% The purpose of themeeting $i be to carify issues and to ans$er 0uestions on anymatter that may be raised at that stage%

A%7? The Bidder is re0uested, as far as possibe, to submit any0uestions in $riting, to reach theEmploernot ater than one$eek before the meeting%

A%7F Minutes of the preEbid meeting, incuding the te-t of the0uestions raised, $ithout identifying the source, and theresponses given, together $ith any responses prepared after themeeting, $i be transmitted prompty to a Bidders $ho haveac0uired the Bidding Document in accordance $ith !TB ?%9%1ny modification to the Bidding Documents that may becomenecessary as a resut of the preEbid meeting sha be made by theEmploer e-cusivey through the issue of an 1ddendumpursuant to !TB and not through the minutes of the preEbidmeeting%

A%7 2onattendance at the preEbid meeting $i not be a cause fordis0uaification of a Bidder%

A1 (mendment ofBidding

Document

A%7> 1t any time prior to the deadine for submission of bids, theEmploer may amend the Bidding Document by issuingaddenda%

A%98 1ny addendum issued sha be part of the Bidding Document andsha be communicated in $riting to a $ho have obtained theBidding Document from theEmploer in accordance $ith !TB?%9%


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Section !% !nstructions to Bidders AEA>

simiar format approved by the Emploer prior to bidsubmission% !n either case, the form must incude the competename of the Bidder% The bid security sha be vaid for t$entyEeight '7) days beyond the origina vaidity period of the bid, orbeyond any period of e-tension if re0uested under !TB A%7%

A%C 1ny bid not accompanied by an enforceabe and compiant bidsecurity, if one is re0uired in accordance $ith !TB A>%A, sha bereHected by theEmploeras non responsive%

A%C> The bid security of unsuccessfu Bidders sha be returned asprompty as possibe upon the successfu Bidders furnishing ofthe performance security pursuant to !TB @A%

A%?8 The bid security of the successfu Bidder sha be returned asprompty as possibe once the successfu Bidder has signed the

&ontract and furnished the re0uired performance security%

A%?A The bid security may be forfeited:

'a) if a Bidder $ithdra$s its bid during the period of bidvaidity specified by the Bidder on the etter of Bid "orm,e-cept as provided in !TB A%7 or

'b) if the successfu Bidder fais to'

'i) sign the &ontract in accordance $ith !TB @8; or

'ii) furnish a performance security in accordance $ith !TB@A%

A%?7 The bid security of a J(C&sha be in the name of the J(C&thatsubmits the bid% !f the J(C&has not been egay constituted atthe time of bidding, the Bid Securit shall be in the names of allfuture partners as named in the letter of intent referred to in

I'B =,5,

A%?9 If a bid securit is not required in the B3S( and

'a) if a Bidder withdraws its bid during the period of bid$alidit specified b the Bidder on the %etter of Bid Form(

ecept as pro$ided in I'B 5:,>( or

'b) if the successful Bidder fails to*


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AE78 Section !% !nstructions to Bidders

'i) sign the Contract in accordance with I'B =1 or

'ii)furnish a performance securit in accordance withI'B =5,

'iii)

the Borrower ma( if pro$ided for in the B3S( declare theBidder ineligible to be awarded a contract b the Borrower for

a period of time as stated in the B3S,

201 %ormat and

*igning of Bid

A%?@ The Bidder sha prepare one origina of the documentscomprising the bid as described in !TB AA and ceary mark it


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A%FC 2o bid may be $ithdra$n, substituted, or modified in theinterva bet$een the deadine for submission of bids and thee-piration of the period of bid vaidity specified by the Bidderon the etter of Bid "orm or any e-tension thereof%

21 Bid :pening A%F? The Emploersha open the bids in pubic, in the presence ofBiddersL designated representatives and anyone $ho choose toattend, and at the address, date and time specified in the BDS%1ny specific eectronic bid opening procedures re0uired ifeectronic bidding is permitted in accordance $ith !TB 77%A,sha be as specified in the BDS%

A%FF "irst, enveopes marked


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Section !% !nstructions to Bidders AE79

Price, per ot if appicabe, incuding any discounts andaternative offers; and the presence or absence of a bid security,if one $as re0uired% The Bidders representatives $ho arepresent sha be re0uested to sign the record% The omission of aBidders signature on the record sha not invaidate the contents

and effect of the record% 1 copy of the record sha bedistributed to a Bidders%

,1 ,!auation and +omparison of Bids

261 +onfidentiaity A%8 Information relating to the e$aluation of bids andrecommendation of contract award( shall not be disclosed to

Bidders or an other persons not officiall concerned with suchprocessuntil information on Contract award is communicatedto all Bidders%

A%A 1ny attempt by a Bidder to infuence the Emploer in the

evauation of the bids or &ontract a$ard decisions may resut inthe reHection of its bid%

A%7 2ot$ithstanding !TB 7?%7, from the time of bid opening to thetime of &ontract a$ard, if any Bidder $ishes to contact theEmploeron any matter reated to the bidding process, it maydo so in $riting%

2C1 +arification of

Bids

A%9 To assist in the e-amination, evauation, and comparison of thebids, and 0uaification of the Bidders, the Emploermay, at itsdiscretion, ask any Bidder for a carification of its bid% 1nycarification submitted by a Bidder that is not in response to are0uest by the Emploer sha not be considered% TheEmploers re0uest for carification and the response sha be in$riting% 2o change in the prices or substance of the bid sha besought, offered, or permitted, e-cept to confirm the correctionof arithmetic errors discovered by the Emploer in theevauation of the bids, in accordance $ith !TB 9A%

A%@ !f a Bidder does not provide carifications of its bid by the dateand time set in the &ontracting 1gencys re0uest forcarification, its bid may be reHected%

2A1 De!iations&-eser!ations&

and :missions

A%C During the evauation of bids, the foo$ing definitions appy:

'a)


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AE7@ Section !% !nstructions to Bidders

'c) !f a bid is not substantiay responsive to the re0uirements of theBidding Document, it sha be reHected by the Emploer andmay not subse0uenty be made responsive by correction of themateria deviation, reservation, or omission%

301 Nonmat!"ial

/onconformiti

es

A%>8 Provided that a bid is substantiay responsive, theEmploermay$aive any nonconformities in the bid that do not constitute amateria deviation, reservation or omission,

A%>A Provided that a bid is substantiay responsive, theEmploermayre0uest that the Bidder submit the necessary information ordocumentation, $ithin a reasonabe period of time, to rectifynonmateria nonconformities in the bid reated to documentationre0uirements% 3e0uesting information or documentation onsuch nonconformities sha not be reated to any aspect of theprice of the bid% "aiure of the Bidder to compy $ith the


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Section !% !nstructions to Bidders AE7C

re0uest may resut in the reHection of its bid%

A%>7 Provided that a bid is substantiay responsive, the Emploersha rectify nonmateria nonconformities reated to the BidPrice% To this effect, the Bid Price sha be adHusted, for

comparison purposes ony, to refect the price of a missing ornonEconforming item or component% The adHustment sha bemade using the method indicated in Section !!!, +vauation andAualification&riteria,

381 +orrection of

(rithmetica

,rrors

A%>9 Provided that the bid is substantiay responsive, the Emploersha correct arithmetica errors on the foo$ing basis:

'a) if there is a discrepancy bet$een the unit price and thetota price that is obtained by mutipying the unit priceand 0uantity, the unit price sha prevai and the tota price

sha be corrected, uness in the opinion of the Emploerthere is an obvious mispacement of the decima point inthe unit price, in $hich case the tota price as 0uoted shagovern and the unit price sha be corrected;

'b) if there is an error in a tota corresponding to the additionor subtraction of subtotas, the subtotas sha prevai andthe tota sha be corrected; and

'c) if there is a discrepancy bet$een $ords and figures, theamount in $ords sha prevai, uness the amounte-pressed in $ords is reated to an arithmetic error, in

$hich case the amount in figures sha prevai subHect to'a) and 'b) above%

A%>@ !f the Bidder that submitted the o$est evauated bid does notaccept the correction of errors, its bid sha be dis0uaified%

321 +on!ersion to

*inge

+urrency

A%>C "or evauation and comparison purposes, the currency'ies) of thebid sha be converted into a singe currency as specified in theBDS %

331 Margin of

Preference

A%>? )nless otherwise specified in the B3S(a margin of preferencesha not appy%

31 ,!auation of

BidsA%>F The +mpoyer sha use the criteria and methodoogies isted in

this &ause% 2o other evauation criteria or methodoogies shabe permitted%

A%> To evauate a bid, theEmploersha consider the foo$ing:

'a) the bid price,e-cuding Provisiona Sums and the


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AE7? Section !% !nstructions to Bidders

provision, if any, for contingencies in the SummaryBill ofAuantities, but incuding Day$ork items, $here pricedcompetitivey;

'b) price adHustment for correction of arithmetic errors in

accordance $ith !TB 9A%A;

'c) price adHustment due to discounts offered in accordance$ith !TB A@%@;

'd) converting the amount resuting from appying 'a) to 'c)above, if reevant, to a singe currency in accordance $ith!TB 97;

'e) ad2ustment for nonconformities in accordance with I'B,;

'f)the e$aluation factors indicated in Section III( E$aluationand Aualification Criteria1

A%>> The estimated effect of the price adHustment provisions of the&onditions of &ontract, appied over the period of e-ecution ofthe &ontract, sha not be taken into account in bid evauation%

A%A88 !f this Bidding Document ao$s Bidders to 0uote separateprices for different lots "contracts#, and the a$ard to a singeBidder of mutipe lots 'contracts#, the methodoogy todetermine the o$est evauated price of the lot "contract#

combinations, incuding any discounts offered in the etter ofBid "orm, is specified in Section !!!, +vauation andAualification&riteria%

A%A8A !f the bid, $hich resuts in the o$est +vauated Bid Price, isseriousy unbaanced or front oaded in the opinion of theEmploer, the Emploer may re0uire the Bidder to producedetaied price anayses for any or a items of the Bill ofAuantities, to demonstrate the internal consistenc of thoseprices with the construction methods and schedule proposed,

&fter e$aluation of the price analses( taking into consideration

the schedule of estimated Contract paments(the Emploer marequire that the amount of the performance securit be

increased at the epense of the Bidder to a le$el sufficient to

protect the Emploer against financial loss in the e$ent ofdefault of the successful Bidder under the Contract%

31 +omparison of

Bids

A%A87 TheEmploersha compare a substantiay responsive bids todetermine the o$est evauated bid, in accordance $ith !TB


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Section !% !nstructions to Bidders AE7F

9@%7,

361 Qualification

of t)! Bidd!"

A%A89 The Emploer sha determine to its satisfaction $hether theBidder that is seected as having submitted the o$est evauatedand substantiay responsive bid meets the 0uaifying criteria

specified in Section !!!, +vauation and /uaification &riteria%

A%A8@ The determination sha be based upon an e-amination of thedocumentary evidence of the Bidders 0uaifications submittedby the Bidder, pursuant to !TB AF%A%

A%A8C 1n affirmative determination sha be a prere0uisite for a$ardof the &ontract to the Bidder% 1 negative determination sharesut in dis0uaification of the bid, in $hich event theEmploer sha proceed to the ne-t o$est evauated bid tomake a simiar determination of that Bidders 0uaifications to

perform satisfactoriy%

3C1 Emplo!"5s

-ight to (ccept

(ny Bid& and

to -eject (ny

or ( Bids

A%A8? TheEmploerreserves the right to accept or reHect any bid, andto annu the bidding process and reHect a bids at any time priorto contract a$ard, $ithout thereby incurring any iabiity toBidders% !n case of annument, a bids submitted andspecificay, bid securities, sha be prompty returned to theBidders%

%1 (ard of +ontract

3A1 (ard +riteria A%A8F The Emploersha a$ard the &ontract to the Bidder $hoseoffer has been determined to be the o$est evauated bid and issubstantiay responsive to the Bidding Document, providedfurther that the Bidder is determined to be 0uaified to performthe &ontract satisfactoriy%

3F1 /otification of

(ard

A%A8 Prior to the e-piration of the period of bid vaidity, theEmploersha notify the successfu Bidder, in $riting, that itsbid has been accepted% The notification etter 'hereinafter andin the &onditions of &ontract and &ontract "orms caed the


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read out at Bid 4pening; 'iii) name and evauated prices of eachBid that $as evauated; 'iv) name of bidders $hose bids $erereHected and the reasons for their reHection; and 'v) name of the$inning Bidder, and the Price it offered, as $e as the durationand summary scope of the contract a$arded% %

A%A8> Unti a forma contract is prepared and e-ecuted, thenotification of a$ard sha constitute a binding &ontract%

A%AA8 'he Emploer shall promptl respond in writing to anunsuccessful Bidder who( after notification of award in

accordance with I'B 9,5( requests in writing the grounds onwhich its tender was not selected,

01 *igning of

+ontract

A%AAA Prompty after notification, the Emploer sha send thesuccessfu Bidder the Contract &greement%

A%AA7 Within t$entyEeight '7) days of receipt of the Contract&greement, the successfu Bidder sha sign, date, and return itto theEmploer%

81 Performance

*ecurity

A%AA9 Within t$entyEeight '7) days of the receipt of notification ofa$ard from the Emploer, the successfu Bidder sha furnishthe performance security in accordance $ith the conditions ofcontract, subHect to !TB 9@%C, using for that purpose thePerformance Security "orm incuded in Section !, 1nne- tothe Particuar &onditions E &ontract "orms, or another formacceptabe to the Emploer% !f the performance security

furnished by the successfu Bidder is in the form of a bond, itsha be issued by a bonding or insurance company that hasbeen determined by the successfu Bidder to be acceptabe totheEmploer% 1 foreign institution providing a bond sha havea correspondent financia institution ocated in the Emploers&ountry%

A%AA@ "aiure of the successfu Bidder to submit the aboveEmentionedPerformance Security or sign the &ontract sha constitutesufficient grounds for the annument of the a$ard and forfeitureof the bid security% !n that event the Emploermay a$ard the

&ontract to the ne-t o$est evauated Bidder $hose offer issubstantiay responsive and is determined by theEmploer tobe 0uaified to perform the &ontract satisfactoriy%


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AE7>

*ection $$1 Bid Data *heet

(1 $ntroduction

$TB 818 The number of the !nvitation for Bids is :

$TB 818 TheEmploeris:

$TB 818 The name of the !&B is:

The identification numberof the !&B is:

The number and identification of lots "contracts# comprising this !&B is:

$TB 218 The Borro$er is:

$TB 218 The name of the ProHect is:

ITB +,- .a/ 'he indi$iduals or firms in a 2oint $enture( consortium or association 2ointl and se$erall liable,

B1 Bidding Document

$TB C18 "or carification purposesony, theEmploers address is:

1ttention:Street 1ddress:"oor.3oom number:&ity:!P &ode:&ountry:Teephone:

"acsimie number:+ectronic mai address:

$TB C1 1 PreEBid meeting take pace at the foo$ing date, time and pace:

Date:Time:Pace:

1 site visit conducted by the +mpoyer organi#ed

+1 Preparation of Bids

ITB 01,0 'he language of the bid is.

$TB 8818 "h# The Bidder sha submit $ith its bid the foo$ing additiona documents:

$TB 8318 1ternative bids NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNpermitted%


44/184

AE98

ITB 02,- &lternati$e times for completion permitted,

If alternati$e times for completion are permitted( the e$aluation methodwill be as specified in Section III( E$aluation and Aualification Criteria,

ITB 02,+ &lternati$e technical solutions shall be permitted for the following parts of

the !orks. If alternati$e technicalsolutions are permitted( the e$aluation method will be as specified in

Section III( E$aluation and Aualification Criteria

$TB 81 The prices 0uoted by the Bidder sha be:

$TB 818 The currency'ies) of the bid sha be as follows.

$TB 8A18 The bid vaidity period sha be NNNNNNNNNNNNNNNNNNNNNNNNNNNNdays%

$TB 8F18 1 bid security NNNNNNNNNNNNNNNNNNNNNNNNNNNN re0uired%

If a bid securit shall be required( the amount and currenc of the bidsecurit shall be

ITB 03,- .d/ Dther tpes of acceptable securities.

ITB 03,4 If the Bidder incurs in an of the actions prescribed in subparagraphs "a#

or "b# of this pro$ision( the Emploer will declare the Bidder ineligible tobe awarded contracts b the Emploer for a period of ears,

$TB 2018 !n addition to the origina of the bid, the number of copies is:

$TB 2012 The $ritten confirmation of authori#ation to sign on behaf of the Biddersha consist of:

D1 *ubmission and :pening of Bids

$TB 2218 "or bid submission purposes ony, theEmploers address is :

1ttention:Street 1ddress:"oor.3oom number:&ity:!P &ode:

&ountry:

The deadine for bid submission is'

Date:Time:

Bidders NNNNNNNNNNNNNNNhave the option of submitting their bidseectronicay%

!f bidders have the option of submitting their bids eectronicay, the


45/184


46/184

AE99

*ection $$$1 E(aluation and Qualification

C"it!"ia

.Follo5in# P"!'ualification/

This Section contains a the criteria that the +mpoyer sha use to evauate bids and 0uaifyBidders% In accordance with I'B = and I'B 7( no other factors( methods or criteria shallbe used,The Bidder sha provide a the information re0uested in the forms incuded inSection !(, Bidding "orms%


47/184

AE9@

0, E(aluation

In addition to the criteria listed in I'B =,> "a# G "e# the following criteria shallappl.

5,5 &ssessment of adequac of 'echnical 4roposal with equirements

5,> &lternati$e Completion 'ime( if permitted under I'B 5,>( will be e$aluated as

follows.OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO%%

5, 'echnical alternati$es ( if permitted under I'B 5,=( will be e$aluated as follows.

OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO%%

21 Qualification

-,0 6pdat! of Info"mation

'he Bidder shall continue to meet the criteria used at the time of

prequalification,

-,- Financial esources

)sing the rele$ant Forms *o H and *oH in Section I+( Bidding Forms the

Bidder must demonstrate access to( or a$ailabilit of( financial resources

such as liquid assets( unencumbered real assets( lines of credit( and otherfinancial means( other than an contractual ad$ance paments to meet.

"i# the following cash-flow requirement.HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH

and

"ii# the o$erall cash flow requirements for this contract and its current works

commitment,

213 P!"%onn!l


48/184


49/184


50/184

Section !!!% +vauation and /uaification &riteria AE9F

81 E(aluation

In addition to the criteria listed in I'B =,> "a# G "e# the following criteria shallappl.

5,5 &ssessment of adequac of 'echnical 4roposal with equirements

5,> &lternati$e Completion 'ime( "if permitted under I'B 5,>( will be e$aluated as

follows.OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO%%

5, 'echnical alternati$es ( if permitted under I'B 5,=( will be e$aluated as follows.

OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO%%

21 Qualification

218 Eli#i$ilit

>,5,5 *ationalit

>,5,> Conflict of Interest

>,5, Bank Ineligibilit

>,5,= ;o$ernment Dwned Entit

>,5,6 Ecluded as a matter of the Borrower,5 8istor of *on 4erforming Contracts

>,>,> 4ending %itigation

-,2 Financial Situation

>,,5 8istorical Financial 4erformance

>,,> &$erage &nnual Construction 'urno$er7%9%9 "inancia 3esources

)sing Forms CCC and F-5 in Section I+( Bidding Forms the Bidder mustdemonstrate access to( or a$ailabilit of( financial resources such as liquid


51/184

AE9 Section !!!% +vauation and /uaification &riteria

assets( unencumbered real assets( lines of credit( and other financial means(

other than an contractual ad$ance paments to meet.

"i# the following cash-flow requirement.

HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH

and

"ii# the o$erall cash flow requirements for this contract and its current workscommitment,

-,+ E8p!"i!nc!

>,=,5 ;eneral Construction Eperience

>,=,> Specific Construction Eperience

21 P!"%onn!l

'he Bidder must demonstrate that it has the personnel for the ke positions that meetthe following requirements.

No, Po%ition Total Wo"7

Simila"

E8p!"i!nc!

.!a"%/

In Simila"

Wo"7%

E8p!"i!nc!

.!a"%/

5

>

=

6

'he Bidder shall pro$ide details of the proposed personnel and theireperience records using Forms 4E-5 and 4E-> included in Section I+(

Bidding Forms,

-,: E'uipm!nt

'he Bidder must demonstrate that it has the ke equipment listed hereafter.

No, E'uipm!nt Tp! and C)a"act!"i%tic% Minimum Num$!" "!'ui"!d

5

>

=

6


52/184

Section !!!% +vauation and /uaification &riteria AE9>

'he Bidder shall pro$ide further details of proposed items of equipment using the

Form EA) in Section I+,


53/184

AE@A

*ection $;1 Bidding %orms

Tabe of %orms

Getter of Bid11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111113

(ppendi4 to Bid111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111

*chedue of (djustment Data11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111

Bi of


54/184

AE@7

+ontract (greement11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111F3

Performance *ecurity111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111F

(d!ance Payment *ecurity111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111FA

-etention Money *ecurity111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111800


55/184

AE@9 Section !(% Bidding "orms

Getter of Bid

Date:!&B 2o%:!nvitation for Bid 2o%:

To: NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN

We, the undersigned, decare that:

'a) We have e-amined and have no reservations to the Bidding Document, incuding1ddenda issued in accordance $ith !nstructions to Bidders '!TB) ;

'b) We offer to e-ecute in conformity $ith the Bidding Document the foo$ing Works:

;

'c) The tota price of our Bid, e-cuding any discounts offered in item 'd) beo$ is:;

'd) The discounts offered and the methodoogy for their appication are:

;

'e) 4ur bid sha be vaid for a period of NNNNNNNNNNNNNNNNNNNNNNNNNNNN days from thedate fi-ed for the bid submission deadine in accordance $ith the Bidding Document,and it sha remain binding upon us and may be accepted at any time before thee-piration of that period;

'f) !f our bid is accepted, $e commit to obtain a performance security in accordance $iththe Bidding Document;

'g) !e( including an subcontractors or suppliers for an part of the contract ( ha$e or willha$e nationalities from eligible countries( in accordance with I'B-=,>:;

'h) We, including an subcontractors or suppliers for an part of the contract, do not haveany confict of interest in accordance $ith !TBE@%9;

'i) Weare not participating, as a Bidder or as a subcontractor, in more than one bid in thisbidding process in accordance $ith !TBE@%9, other than aternative offers submitted inaccordance $ith !TBEA9;


56/184

AE@@ Section !(% Bidding "orms

We, including an of our subcontractors or suppliers for an part of the contract( have notbeen decared ineigibe by the Bank, under the Emploer


57/184


58/184

AE@? Section !(% Bidding "orms

%oreign +urrency

*tate type' %%%%%%%%%%%%%%%%%%%%%%% 5!f the Bidder $ishes to 0uote in more than one foreign currency, this tabe shoud be repeated foreach foreign currency%6

$nde4 code $nde4

description

*ource of

inde4

Base !aue

and date

Bidder5s reated

source currency

in typeHamount

,Eui!aent

in %+8

Bidder5s

proposed

eighting

/onadjustabe I I I (' J

B'

+'

D'

,'

Tota 8100


59/184


60/184


61/184


62/184


63/184

Section !(% Bidding "orms AECA

M!t)od Stat!m!nt


64/184

AEC7 Section !(% Bidding "orms

Mo$ili%ation Sc)!dul!


65/184

Section !(% Bidding "orms AEC9

Con%t"uction Sc)!dul!


66/184

AEC@ Section !(% Bidding "orms

E'uipm!nt%orm ,


67/184


68/184

AEC? Section !(% Bidding "orms

%orm P,-.2

Resume of Proposed Personnel

/ame of Bidder

Position

!ersonnelinformation

/ame Date of birth

Professiona Euaifications

!resentemployment

/ame of empoyer

(ddress of empoyer

Teephone +ontact "manager H personne officer#

%a4 ,.mai

ob tite Nears ith present empoyer

Summari#e professiona e-perience over the ast 20#ears$ in re%erse c&ronolo'ical order( Indicate

particular tec&nical and mana'erial e)perience rele%ant to t&e project(

%rom To +ompany H Project H Position H -ee!ant technica and management e4perience


69/184

Section !(% Bidding "orms AECF


70/184

AEC Section !(% Bidding "orms

%orm +++

+urrent +ontract +ommitments H Works in Progress

Bidders and each partner to a J(C&s&ould pro%ide information on t&eir current commitments on allcontracts t&at &a%e been aarded$ or for &ic& a letter of intent or acceptance &as been recei%ed$ or forcontracts approac&in' completion$ but for &ic& an unqualified$ full completion certificate &as #et to beissued(

2ame of contract +mpoyer,contact

address.te.fa-

(aue ofoutstanding $ork

'current US

e0uivaent)

+stimatedcompetion date

1verage monthyinvoicing overast si- months

'US.month)(

+(

,(

-(

.(

etc(


71/184

Section !(% Bidding "orms AEC>

%orm %$/.8

%inancia -esources

Specify proposed sources of financing, such as i0uid assets, unencumbered rea assets, ines ofcredit, and other financia means, net of current commitments, avaiabe to meet the totaconstruction cash fo$ demands of the subHect contract or contracts as indicated in Section !!!,+vauation and /uaification &riteria

Source of financing 1mount 'US e0uivaent)

(

+(

,(

-(


72/184


73/184

Section !(% Bidding "orms AE?A

OOOOOOOOOOOOOOOOOOOOOOOOOOOOO

Jsignature"s#K

Not!* All italici;!d t!8t i% fo" u%! in p"!pa"in# t)i% fo"m and %)all $! d!l!t!d f"om t)!final p"oduct,


74/184

AE?9

*ection ;1 ,igibe +ountries

$nsert header

.In%titution Sp!cific/


75/184

AE?@


76/184

7EA

P(-T 2 9Works -eEuirements


77/184

7E9

*ection ;$1 Wo"7%-eEuirements

+ontents


78/184


79/184

Section (!% !orks 3e0uirements 7EC

Draings


80/184

7E? Section (!% !orks 3e0uirements

*uppementary $nformation


81/184

9EA

P(-T 3 9 +onditions of +ontract and +ontract %orms


82/184

9E9

*ection ;$$1 enera +onditions "GC#


83/184

9E@

*ection ;$$1 enera +onditions "GC#

5*ame of EmploerK

5*ame of ContractK

The Genera &onditions that foo$ are the Bank *armoni#ed +dition of the &onditions of

&ontract for &onstruction prepared and copyrighted by the !nternationa "ederation of

&onsuting +ngineers 'Fdration Internationale des Ingnieurs-Conseils, or "!D!&), "!D!&

788CE1 rights reserved% This pubication is e-cusive for the use of Mutiatera

Deveopment Banks Borro$ers and their proHect impementing agencies as provided under

the icense 1greement dated NNNNNNNNNNNNNNNN53ate of &greement6, bet$een

NNNNNNNNNNNNNNN 5*ame of Bank6 and "!D!&, and, conse0uenty, no part of this pubication

may be reproduced, transated, adapted, stored in a retrieva system or communicated, in anyform or by any means, $hether mechanica, eectronic, magnetic, photocopying, recording or

other$ise, $ithout prior permission in $riting from "!D!&, e-cept by the +mpoyer

identified above and ony for the e-cusive purpose of preparing these Standard Bidding

Documents for the &ontract aso identified above%


84/184

Section (!!% Genera &onditions 9EC

/eneral Conditions

/eneral 0ro%isions

( Definitions

In t&e Conditions of Contract 12t&ese Conditions34$ &ic& include 0articular Conditions$ 0arts A and B$ and t&ese/eneral Conditions$ t&e folloin' ords and e)pressions s&all &a%e t&e meanin's stated( 5ords indicatin'persons or parties include corporations and ot&er le'al entities$ e)cept &ere t&e conte)t requires ot&erise(

1.1.1 The Contract

((( 2Contract3 means t&e Contract A'reement$ t&e "etter of Acceptance$ t&e "etter of6ender$ t&ese Conditions$ t&e Specification$ t&e Drain's$ t&e Sc&edules$ and t&efurt&er documents 1if an#4 &ic& are listed in t&e Contract A'reement or in t&e "etterof Acceptance(

(((+ 2Contract A'reement3 means t&e contract a'reement referred to in Sub7Clause (89Contract A'reement(

(((, 2"etter of Acceptance3 means t&e letter of formal acceptance$ si'ned b# t&e Emplo#er$of t&e "etter of 6ender$ includin' an# anne)ed memoranda comprisin' a'reementsbeteen and si'ned b# bot& 0arties( If t&ere is no suc& letter of acceptance$ t&ee)pression 2"etter of Acceptance3 means t&e Contract A'reement and t&e date ofissuin' or recei%in' t&e "etter of Acceptance means t&e date of si'nin' t&e Contract

A'reement(

(((- 2"etter of 6ender3 means t&e document entitled letter of tender or letter of bid$ &ic&as completed b# t&e Contractor and includes t&e si'ned offer to t&e Emplo#er for t&e

5or;s(

(((. 2Specification3 means t&e document entitled specification$ as included in t&e Contract$and an# additions and modifications to t&e specification in accordance it& t&eContract( Suc& document specifies t&e 5or;s(

(((8 2Drain's3 means t&e drain's of t&e 5or;s$ as included in t&e Contract$ and an#additional and modified drain's issued b# 1or on be&alf of4 t&e Emplo#er inaccordance it& t&e Contract(

(((< 2Sc&edules3 means t&e document1s4 entitled sc&edules$ completed b# t&e Contractorand submitted it& t&e "etter of 6ender$ as included in t&e Contract( Suc& documentma# include t&e Bill of =uantities$ data$ lists$ and sc&edules of rates and>or prices(

(((? 26ender3 means t&e "etter of 6ender and all ot&er documents &ic& t&e Contractorsubmitted it& t&e "etter of 6ender$ as included in t&e Contract(

(((@ 2Bill of =uantities3$ 2Da#or; Sc&edule3 and 2Sc&edule of 0a#ment Currencies3 meant&e documents so named 1if an#4 &ic& are comprised in t&e Sc&edules(

((( 2Contract Data3 means t&e pa'es completed b# t&e Emplo#er entitled contract data&ic& constitute 0art A of t&e 0articular Conditions(

1.1.2 Parties and Persons


85/184

9E? Section (!!% Genera &onditions

((+( 20art#3 means t&e Emplo#er or t&e Contractor$ as t&e conte)t requires(

((+(+ 2Emplo#er3 means t&e person named as emplo#er in t&e Contract Data and t&e le'alsuccessors in title to t&is person(

((+(, 2Contractor3 means t&e person1s4 named as contractor in t&e "etter of 6enderaccepted b# t&e Emplo#er and t&e le'al successors in title to t&is person1s4(

((+(- 2En'ineer3 means t&e person appointed b# t&e Emplo#er to act as t&e En'ineer fort&e purposes of t&e Contract and named in t&e Contract Data$ or ot&er personappointed from time to time b# t&e Emplo#er and notified to t&e Contractor under Sub7Clause ,(- 9!eplacement of t&e En'ineer(

((+(. 2Contractors !epresentati%e3 means t&e person named b# t&e Contractor in t&eContract or appointed from time to time b# t&e Contractor under Sub7Clause -(,9Contractors !epresentati%e$ &o acts on be&alf of t&e Contractor(

((+(8 2Emplo#ers 0ersonnel3 means t&e En'ineer$ t&e assistants referred to in Sub7Clause,(+ 9Dele'ation b# t&e En'ineer and all ot&er staff$ labour and ot&er emplo#ees of t&eEn'ineer and of t&e Emplo#er and an# ot&er personnel notified to t&e Contractor$ b#t&e Emplo#er or t&e En'ineer$ as Emplo#ers 0ersonnel(

((+(< 2Contractors 0ersonnel3 means t&e Contractors !epresentati%e and all personnel&om t&e Contractor utilises on Site$ &o ma# include t&e staff$ labour and ot&eremplo#ees of t&e Contractor and of eac& Subcontractor and an# ot&er personnelassistin' t&e Contractor in t&e e)ecution of t&e 5or;s(

((+(? 2Subcontractor3 means an# person named in t&e Contract as a subcontractor$ or an#person appointed as a subcontractor$ for a part of t&e 5or;s and t&e le'al successorsin title to eac& of t&ese persons(

((+(@ 2DB3 means t&e person or t&ree persons appointed under Sub7Clause +(+9Appointment of t&e Dispute Board or Sub7Clause +(, 9ailure to A'ree on t&e

Composition of t&e Dispute Board

((+( 2IDIC3 means t&e dration Internationale des In'nieurs7Conseils$ t&einternational federation of consultin' en'ineers(

((+( 2Ban;3 means t&e financin' institution 1if an#4 named in t&e Contract Data(

((+(+ 2Borroer3 means t&e person 1if an#4 named as t&e borroer in t&e Contract Data(

1.1.3 Dates, Tests, Periods and Completion

((,( 2Base Date3 means t&e date +? da#s prior to t&e latest date for submission of t&e6ender(

((,(+ 2Commencement Date3 means t&e date notified under Sub7Clause ?(9Commencement of 5or;s(

((,(, 26ime for Completion3 means t&e time for completin' t&e 5or;s or a Section 1as t&ecase ma# be4 under Sub7Clause ?(+ 96ime for Completion$ as stated in t&e ContractData 1it& an# e)tension under Sub7Clause ?(- 9E)tension of 6ime for Completion4$calculated from t&e Commencement Date(

((,(- 26ests on Completion3 means t&e tests &ic& are specified in t&e Contract or a'reedb# bot& 0arties or instructed as a Fariation$ and &ic& are carried out under Clause @


86/184

Section (!!% Genera &onditions 9EF

96ests on Completion before t&e 5or;s or a Section 1as t&e case ma# be4 are ta;eno%er b# t&e Emplo#er(

((,(. 26a;in'7O%er Certificate3 means a certificate issued under Clause 9Emplo#ers6a;in' O%er(

((,(8 26ests after Completion3 means t&e tests 1if an#4 &ic& are specified in t&e Contractand &ic& are carried out in accordance it& t&e Specification after t&e 5or;s or aSection 1as t&e case ma# be4 are ta;en o%er b# t&e Emplo#er(

((,(< 2Defects Notification 0eriod3 means t&e period for notif#in' defects in t&e 5or;s or aSection 1as t&e case ma# be4 under Sub7Clause ( 9Completion of Outstandin'5or; and !emed#in' Defects$ &ic& e)tends o%er tel%e mont&s e)cept if ot&erisestated in t&e Contract Data 1it& an# e)tension under Sub7Clause (, 9E)tension ofDefects Notification 0eriod4$ calculated from t&e date on &ic& t&e 5or;s or Sectionis completed as certified under Sub7Clause ( 96a;in' O%er of t&e 5or;s andSections(

((,(? 20erformance Certificate3 means t&e certificate issued under Sub7Clause (@90erformance Certificate(

(,(@ 2da#3 means a calendar da# and 2#ear3 means ,8. da#s(

1.1.4 Money and Payments

((-( 2Accepted Contract Amount3 means t&e amount accepted in t&e "etter of Acceptancefor t&e e)ecution and completion of t&e 5or;s and t&e remed#in' of an# defects(

((-(+ 2Contract 0rice3 means t&e price defined in Sub7Clause -( 96&e Contract 0rice$ andincludes adjustments in accordance it& t&e Contract(

((-(, 2Cost3 means all e)penditure reasonabl# incurred 1or to be incurred4 b# t&eContractor$ &et&er on or off t&e Site$ includin' o%er&ead and similar c&ar'es$ butdoes not include profit(

((-(- 2inal 0a#ment Certificate3 means t&e pa#ment certificate issued under Sub7Clause-(, 9Issue of inal 0a#ment Certificate(

((-(. 2inal Statement3 means t&e statement defined in Sub7Clause -( 9Application forinal 0a#ment Certificate(

((-(8 2orei'n Currenc#3 means a currenc# in &ic& part 1or all4 of t&e Contract 0rice ispa#able$ but not t&e "ocal Currenc#(

((-(< 2Interim 0a#ment Certificate3 means a pa#ment certificate issued under Clause -9Contract 0rice and 0a#ment$ ot&er t&an t&e inal 0a#ment Certificate(

((-(? 2"ocal Currenc#3 means t&e currenc# of t&e Countr#(

((-(@ 20a#ment Certificate3 means a pa#ment certificate issued under Clause - 9Contract0rice and 0a#ment (

((-( 20ro%isional Sum3 means a sum 1if an#4 &ic& is specified in t&e Contract as apro%isional sum$ for t&e e)ecution of an# part of t&e 5or;s or for t&e suppl# of 0lant$Gaterials or ser%ices under Sub7Clause ,(. 90ro%isional Sums(

((-( 2!etention Gone#3 means t&e accumulated retention mone#s &ic& t&e Emplo#erretains under Sub7Clause -(, 9Application for Interim 0a#ment Certificates and pa#sunder Sub7Clause -(@ 90a#ment of !etention Gone#(


87/184

9E Section (!!% Genera &onditions

((-(+ 2Statement3 means a statement submitted b# t&e Contractor as part of an application$under Clause - 9Contract 0rice and 0a#ment$ for a pa#ment certificate(

1.1.5 or!s and "oods

((.( 2Contractors Equipment3 means all apparatus$ mac&iner#$ %e&icles and ot&er t&in's

required for t&e e)ecution and completion of t&e 5or;s and t&e remed#in' of an#defects( Hoe%er$ Contractors Equipment e)cludes 6emporar# 5or;s$ Emplo#ersEquipment 1if an#4$ 0lant$ Gaterials and an# ot&er t&in's intended to form or formin'part of t&e 0ermanent 5or;s(

((.(+ 2/oods3 means Contractors Equipment$ Gaterials$ 0lant and 6emporar# 5or;s$ oran# of t&em as appropriate(

((.(, 2Gaterials3 means t&in's of all ;inds 1ot&er t&an 0lant4 intended to form or formin' partof t&e 0ermanent 5or;s$ includin' t&e suppl#7onl# materials 1if an#4 to be supplied b#t&e Contractor under t&e Contract(

((.(- 20ermanent 5or;s3 means t&e permanent or;s to be e)ecuted b# t&e Contractorunder t&e Contract(

((.(. 20lant3 means t&e apparatus$ mac&iner# and ot&er equipment intended to form orformin' part of t&e 0ermanent 5or;s$ includin' %e&icles purc&ased for t&e Emplo#erand relatin' to t&e construction or operation of t&e 5or;s(

((.(8 2Section3 means a part of t&e 5or;s specified in t&e Contract Data as a Section 1ifan#4(

((.(< 26emporar# 5or;s3 means all temporar# or;s of e%er# ;ind 1ot&er t&an ContractorsEquipment4 required on Site for t&e e)ecution and completion of t&e 0ermanent5or;s and t&e remed#in' of an# defects(

((.(? 25or;s3 mean t&e 0ermanent 5or;s and t&e 6emporar# 5or;s$ or eit&er of t&em asappropriate(

1.1.# $ther Definitions

((8( 2Contractors Documents3 means t&e calculations$ computer pro'rams and ot&ersoftare$ drain's$ manuals$ models and ot&er documents of a tec&nical nature 1ifan#4 supplied b# t&e Contractor under t&e Contract(

((8(+ 2Countr#3 means t&e countr# in &ic& t&e Site 1or most of it4 is located$ &ere t&e0ermanent 5or;s are to be e)ecuted(

((8(, 2Emplo#ers Equipment3 means t&e apparatus$ mac&iner# and %e&icles 1if an#4 madea%ailable b# t&e Emplo#er for t&e use of t&e Contractor in t&e e)ecution of t&e 5or;s$as stated in t&e Specification but does not include 0lant &ic& &as not been ta;eno%er b# t&e Emplo#er(

((8(- 2orce Gajeure3 is defined in Clause @ 9orce Gajeure(

((8(. 2"as3 means all national 1or state4 le'islation$ statutes$ ordinances and ot&er las$and re'ulations and b#7las of an# le'all# constituted public aut&orit#(

((8(8 20erformance Securit#3 means t&e securit# 1or securities$ if an#4 under Sub7Clause-(+ 90erformance Securit#(

((8(< 2Site3 means t&e places &ere t&e 0ermanent 5or;s are to be e)ecuted includin'stora'e and or;in' areas and to &ic& 0lant and Gaterials are to be deli%ered$ and


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Section (!!% Genera &onditions 9E>

an# ot&er places as ma# be specified in t&e Contract as formin' part of t&e Site(

((8(? 2nforeseeable3 means not reasonabl# foreseeable b# an e)perienced contractor b#t&e Base Date(

((8(@ 2Fariation3 means an# c&an'e to t&e 5or;s$ &ic& is instructed or appro%ed as a%ariation under Clause , 9Fariations and Adjustments(

(+ Interpretation

In t&e Contract$ e)cept &ere t&e conte)t requires ot&erise

1a4 ords indicatin' one 'ender include all 'enders

1b4 ords indicatin' t&e sin'ular also include t&e plural and ords indicatin' t&e plural also includet&e sin'ular

1c4 pro%isions includin' t&e ord 2a'ree3$ 2a'reed3 or 2a'reement3 require t&e a'reement to berecorded in ritin'

1d4 2ritten3 or 2in ritin'3 means &and7ritten$ t#pe7ritten$ printed or electronicall# made$ andresultin' in a permanent record

1e4 t&e ord 2tender3 is s#non#mous it& 2bid3 and 2tenderer3 it& 2bidder3 and t&e ords 2tenderdocuments3 it& 2biddin' documents3(

6&e mar'inal ords and ot&er &eadin's s&all not be ta;en into consideration in t&e interpretation oft&ese Conditions(

In t&ese Conditions$ pro%isions includin' t&e e)pression JCost plus profitJ require t&is profit to be one7tentiet& 1.K4 of t&is Cost unless ot&erise indicated in t&e Contract Data(

(, Communications

5&ere%er t&ese Conditions pro%ide for t&e 'i%in' or issuin' of appro%als$ certificates$ consents$determinations$ notices$ requests and disc&ar'es$ t&ese communications s&all be:

1a4 in ritin' and deli%ered b# &and 1a'ainst receipt4$ sent b# mail or courier$ or transmitted usin'an# of t&e a'reed s#stems of electronic transmission as stated in t&e Contract Data and

1b4 deli%ered$ sent or transmitted to t&e address for t&e recipients communications as stated in t&eContract Data( Hoe%er:

1i4 if t&e recipient 'i%es notice of anot&er address$ communications s&all t&ereafter bedeli%ered accordin'l# and

1ii4 if t&e recipient &as not stated ot&erise &en requestin' an appro%al or consent$ it ma#

be sent to t&e address from &ic& t&e request as issued(

Appro%als$ certificates$ consents and determinations s&all not be unreasonabl# it&&eld ordela#ed( 5&en a certificate is issued to a 0art#$ t&e certifier s&all send a cop# to t&e ot&er 0art#(5&en a notice is issued to a 0art#$ b# t&e ot&er 0art# or t&e En'ineer$ a cop# s&all be sent tot&e En'ineer or t&e ot&er 0art#$ as t&e case ma# be(

(- "a and "an'ua'e


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9EA8 Section (!!% Genera &onditions

6&e Contract s&all be 'o%erned b# t&e la of t&e countr# or ot&er jurisdiction stated in t&e Contract Data(

6&e rulin' lan'ua'e of t&e Contract s&all be t&at stated in t&e Contract Data(

6&e lan'ua'e for communications s&all be t&at stated in t&e Contract Data( If no lan'ua'e is statedt&ere$ t&e lan'ua'e for communications s&all be t&e rulin' lan'ua'e of t&e Contract(

(. 0riorit# of Documents

6&e documents formin' t&e Contract are to be ta;en as mutuall# e)planator# of one anot&er( or t&epurposes of interpretation$ t&e priorit# of t&e documents s&all be in accordance it& t&e folloin'sequence:

1a4 t&e Contract A'reement 1if an#4$

1b4 t&e "etter of Acceptance$

1c4 t&e 6ender$

1d4 t&e 0articular Conditions L 0art A$

1e4 t&e 0articular Conditions L 0art B

1f4 t&ese /eneral Conditions$

1'4 t&e Specification$

1&4 t&e Drain's$ and

1i4 t&e Sc&edules and an# ot&er documents formin' part of t&e Contract(

If an ambi'uit# or discrepanc# is found in t&e documents$ t&e En'ineer s&all issue an# necessar#clarification or instruction(

(8 Contract A'reement

6&e 0arties s&all enter into a Contract A'reement it&in +? da#s after t&e Contractor recei%es t&e "etterof Acceptance$ unless t&e 0articular Conditions establis& ot&erise( 6&e Contract A'reement s&all bebased upon t&e form anne)ed to t&e 0articular Conditions( 6&e costs of stamp duties and similar c&ar'es1if an#4 imposed b# la in connection it& entr# into t&e Contract A'reement s&all be borne b# t&eEmplo#er(

(< Assi'nment

Neit&er 0art# s&all assi'n t&e &ole or an# part of t&e Contract or an# benefit or interest in or under t&eContract( Hoe%er$ eit&er 0art#:

1a4 ma# assi'n t&e &ole or an# part it& t&e prior a'reement of t&e ot&er 0art#$ at t&e solediscretion of suc& ot&er 0art#$ and

1b4 ma#$ as securit# in fa%our of a ban; or financial institution$ assi'n its ri'&t to an# mone#s due$ orto become due$ under t&e Contract(

(? Care and Suppl# of Documents


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Section (!!% Genera &onditions 9EAA

6&e Specification and Drain's s&all be in t&e custod# and care of t&e Emplo#er( nless ot&erisestated in t&e Contract$ to copies of t&e Contract and of eac& subsequent Drain' s&all be supplied tot&e Contractor$ &o ma# ma;e or request furt&er copies at t&e cost of t&e Contractor

Eac& of t&e Contractors Documents s&all be in t&e custod# and care of t&e Contractor$ unless and untilta;en o%er b# t&e Emplo#er( nless ot&erise stated in t&e Contract$ t&e Contractor s&all suppl# to t&e

En'ineer si) copies of eac& of t&e Contractors Documents(

The Contractor shall !eep, on the %ite, a copy of the Contract, pu&lications named in the%pecification, the Contractor's Documents (if any), the Dra*in+s and ariations and othercommunications +i-en under the Contract. The mployer's Personnel shall ha-e the ri+ht ofaccess to all these documents at all reasona&le times.

If a 0art# becomes aare of an error or defect in a document &ic& as prepared for use in e)ecutin't&e 5or;s$ t&e 0art# s&all promptl# 'i%e notice to t&e ot&er 0art# of suc& error or defect(

(@ Dela#ed Drain's or Instructions

6&e Contractor s&all 'i%e notice to t&e En'ineer &ene%er t&e 5or;s are li;el# to be dela#ed or

disrupted if an# necessar# drain' or instruction is not issued to t&e Contractor it&in a particular time$&ic& s&all be reasonable( 6&e notice s&all include details of t&e necessar# drain' or instruction$ detailsof and b# &en it s&ould be issued$ and t&e nature and amount of t&e dela# or disruption li;el# to besuffered if it is late(

/f the Contractor suffers delay and0or incurs Cost as a result of a failure of the n+ineer toissue the notified dra*in+ or instruction *ithin a time *hich is reasona&le and is specifiedin the notice *ith supportin+ details, the Contractor shall +i-e a further notice to then+ineer and shall &e entitled su&ect to %u&Clause 2.1 Contractor's Claims to6

1a4 an e)tension of time for an# suc& dela#$ if completion is or ill be dela#ed$ under Sub7Clause ?(-9E)tension of 6ime for Completion$ and

1b4 pa#ment of an# suc& Cost plus profit$ &ic& s&all be included in t&e Contract 0rice(

After recei%in' t&is furt&er notice$ t&e En'ineer s&all proceed in accordance it& Sub7Clause ,(.9Determinations to a'ree or determine t&ese matters(

Hoe%er$ if and to t&e e)tent t&at t&e En'ineers failure as caused b# an# error or dela# b# t&eContractor$ includin' an error in$ or dela# in t&e submission of$ an# of t&e Contractors Documents$ t&eContractor s&all not be entitled to suc& e)tension of time$ Cost or profit(

( Emplo#ers se of Contractors Documents

As beteen t&e 0arties$ t&e Contractor s&all retain t&e cop#ri'&t and ot&er intellectual propert# ri'&ts int&e Contractors Documents and ot&er desi'n documents made b# 1or on be&alf of4 t&e Contractor(

6&e Contractor s&all be deemed 1b# si'nin' t&e Contract4 to 'i%e to t&e Emplo#er a non7terminabletransferable non7e)clusi%e ro#alt#7free licence to cop#$ use and communicate t&e ContractorsDocuments$ includin' ma;in' and usin' modifications of t&em( 6&is licence s&all:

1a4 appl# t&rou'&out t&e actual or intended or;in' life 1&ic&e%er is lon'er4 of t&e rele%ant parts oft&e 5or;s$

1b4 entitle an# person in proper possession of t&e rele%ant part of t&e 5or;s to cop#$ use andcommunicate t&e Contractors Documents for t&e purposes of completin'$ operatin'$


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Section (!!% Genera &onditions 9EA9

performance of t&e Contract

1b4 t&ese persons s&all notif# t&e Emplo#er of t&eir leader &o s&all &a%e aut&orit# to bind t&eContractor and eac& of t&ese persons and

1c4 t&e Contractor s&all not alter its composition or le'al status it&out t&e prior consent of t&eEmplo#er(

(. Inspections and Audit b# t&e Ban;

6&e Contractor s&all permit t&e Ban; and>or persons appointed b# t&e Ban; to inspect t&e Site and>ort&e Contractors accounts and records relatin' to t&e performance of t&e Contract and to &a%e suc&accounts and records audited b# auditors appointed b# t&e Ban; if required b# t&e Ban;(

+ 6&e Emplo#er

+( !i'&t of Access to t&e Site

6&e Emplo#er s&all 'i%e t&e Contractor ri'&t of access to$ and possession of$ all parts of t&e Site it&int&e time 1or times4 stated in t&e Contract Data( 6&e ri'&t and possession ma# not be e)clusi%e to t&eContractor( If$ under t&e Contract$ t&e Emplo#er is required to 'i%e 1to t&e Contractor4 possession of an#foundation$ structure$ plant or means of access$ t&e Emplo#er s&all do so in t&e time and manner statedin t&e Specification( Hoe%er$ t&e Emplo#er ma# it&&old an# suc& ri'&t or possession until t&e0erformance Securit# &as been recei%ed(

If no suc& time is stated in t&e Contract Data$ t&e Emplo#er s&all 'i%e t&e Contractor ri'&t of access to$and possession of$ t&e Site it&in suc& times as required to enable t&e Contractor to proceed it&outdisruption in accordance it& t&e pro'ramme submitted under Sub7Clause ?(, 90ro'ramme(

If t&e Contractor suffers dela# and>or incurs Cost as a result of a failure b# t&e Emplo#er to 'i%e an# suc&ri'&t or possession it&in suc& time$ t&e Contractor s&all 'i%e notice to t&e En'ineer and s&all be entitled

subject to Sub7Clause +( 9Contractors Claims to:

1a4 an e)tension of time for an# suc& dela#$ if completion is or ill be dela#ed$ under Sub7Clause ?(-9E)tension of 6ime for Completion$ and

1b4 pa#ment of an# suc& Cost plus profit$ &ic& s&all be included in t&e Contract 0rice(

After recei%in' t&is notice$ t&e En'ineer s&all proceed in accordance it& Sub7Clause ,(.9Determinations to a'ree or determine t&ese matters(

Hoe%er$ if and to t&e e)tent t&at t&e Emplo#ers failure as caused b# an# error or dela# b# t&eContractor$ includin' an error in$ or dela# in t&e submission of$ an# of t&e Contractors Documents$ t&eContractor s&all not be entitled to suc& e)tension of time$ Cost or profit(

+(+ 0ermits$ "icences or Appro%als

6&e Emplo#er s&all pro%ide$ at t&e request of t&e Contractor$ suc& reasonable assistance as to allo t&eContractor to obtain properl#:

1a4 copies of t&e "as of t&e Countr# &ic& are rele%ant to t&e Contract but are not readil#a%ailable$ and

1b4 an# permits$ licences or appro%als required b# t&e "as of t&e Countr#:


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9EA@ Section (!!% Genera &onditions

1i4 &ic& t&e Contractor is required to obtain under Sub7Clause (, 9Compliance it&"as$

1ii4 for t&e deli%er# of /oods$ includin' clearance t&rou'& customs$ and

1iii4 for t&e e)port of Contractors Equipment &en it is remo%ed from t&e Site(

+(, Emplo#ers 0ersonnel

6&e Emplo#er s&all be responsible for ensurin' t&at t&e Emplo#ers 0ersonnel and t&e Emplo#ers ot&ercontractors on t&e Site:

1a4 co7operate it& t&e Contractors efforts under Sub7Clause -(8 9Co7operation$ and

1b4 ta;e actions similar to t&ose &ic& t&e Contractor is required to ta;e under sub7para'rap&s 1a4$1b4 and 1c4 of Sub7Clause -(? 9Safet# 0rocedures and under Sub7Clause -(? 90rotection of t&eEn%ironment(

+(- Emplo#ers inancial Arran'ements

6&e Emplo#er s&all submit$ before t&e Commencement Date and t&ereafter it&in +? da#s afterrecei%in' an# request from t&e Contractor$ reasonable e%idence t&at financial arran'ements &a%e beenmade and are bein' maintained &ic& ill enable t&e Emplo#er to pa# t&e Contract 0rice punctuall# 1asestimated at t&at time4 in accordance it& Clause - 9Contract 0rice and 0a#ment( Before t&eEmplo#er ma;es an# material c&an'e to &is financial arran'ements$ t&e Emplo#er s&all 'i%e notice tot&e Contractor it& detailed particulars(

In addition$ if t&e Ban; &as notified to t&e Borroer t&at t&e Ban; &as suspended disbursements under itsloan$ &ic& finances in &ole or in part t&e e)ecution of t&e 5or;s$ t&e Emplo#er s&all 'i%e notice ofsuc& suspension to t&e Contractor it& detailed particulars$ includin' t&e date of suc& notification$ it& acop# to t&e En'ineer$ it&in < da#s of t&e Borroer &a%in' recei%ed t&e suspension notification from t&eBan;( If alternati%e funds ill be a%ailable in appropriate currencies to t&e Emplo#er to continue ma;in'

pa#ments to t&e Contractor be#ond a date 8 da#s after t&e date of Ban; notification of t&e suspension$t&e Emplo#er s&all pro%ide reasonable e%idence in suc& notice of t&e e)tent to &ic& suc& funds ill bea%ailable(

+(. Emplo#ers Claims

/f the mployer considers himself to &e entitled to any payment under any Clause of theseConditions or other*ise in connection *ith the Contract, and0or to any e7tension of theDefects 8otification Period, the mployer or the n+ineer shall +i-e notice and particularsto the Contractor. 9o*e-er, notice is not re:uired for payments due under %u&Clause 4.1;lectricity, ater and "as, under %u&Clause 4.2 mployer's :uipment and or e)tension to &ic& t&e Emplo#er considers &imself to be entitled in connection it& t&eContract( 6&e En'ineer s&all t&en proceed in accordance it& Sub7Clause ,(. 9Determinations to a'reeor determine 1i4 t&e amount 1if an#4 &ic& t&e Emplo#er is entitled to be paid b# t&e Contractor$ and>or 1ii4t&e e)tension 1if an#4 of t&e Defects Notification 0eriod in accordance it& Sub7Clause (, 9E)tension of


94/184

Section (!!% Genera &onditions 9EAC

Defects Notification 0eriod(

6&is amount ma# be included as a deduction in t&e Contract 0rice and 0a#ment Certificates( 6&eEmplo#er s&all onl# be entitled to set off a'ainst or ma;e an# deduction from an amount certified in a0a#ment Certificate$ or to ot&erise claim a'ainst t&e Contractor$ in accordance it& t&is Sub7Clause(

, 6&e En'ineer

,( En'ineers Duties and Aut&orit#

6&e Emplo#er s&all appoint t&e En'ineer &o s&all carr# out t&e duties assi'ned to &im in t&e Contract(6&e En'ineers staff s&all include suitabl# qualified en'ineers and ot&er professionals &o are competentto carr# out t&ese duties(

6&e En'ineer s&all &a%e no aut&orit# to amend t&e Contract(

6&e En'ineer ma# e)ercise t&e aut&orit# attributable to t&e En'ineer as specified in or necessaril# to beimplied from t&e Contract( If t&e En'ineer is required to obtain t&e appro%al of t&e Emplo#er before

e)ercisin' a specified aut&orit#$ t&e requirements s&all be as stated in t&e 0articular Conditions( 6&eEmplo#er s&all promptl# inform t&e Contractor of an# c&an'e to t&e aut&orit# attributed to t&e En'ineer(

Hoe%er$ &ene%er t&e En'ineer e)ercises a specified aut&orit# for &ic& t&e Emplo#ers appro%al isrequired$ t&en 1for t&e purposes of t&e Contract4 t&e Emplo#er s&all be deemed to &a%e 'i%en appro%al(

E)cept as ot&erise stated in t&ese Conditions:

1a4 &ene%er carr#in' out duties or e)ercisin' aut&orit#$ specified in or implied b# t&e Contract$ t&eEn'ineer s&all be deemed to act for t&e Emplo#er

1b4 t&e En'ineer &as no aut&orit# to relie%e eit&er 0art# of an# duties$ obli'ations or responsibilitiesunder t&e Contract and

1c4 an# appro%al$ c&ec;$ certificate$ consent$ e)amination$ inspection$ instruction$ notice$ proposal$request$ test$ or similar act b# t&e En'ineer 1includin' absence of disappro%al4 s&all not relie%et&e Contractor from an# responsibilit# &e &as under t&e Contract$ includin' responsibilit# forerrors$ omissions$ discrepancies and non7compliances(

1d4 an# act b# t&e En'ineer in response to a Contractors request e)cept ot&erise e)pressl#specified s&all be notified in ritin' to t&e Contractor it&in +? da#s of receipt(

6&e folloin' pro%isions s&all appl#:

6&e En'ineer s&all obtain t&e specific appro%al of t&e Emplo#er before ta;in' action under t&e7folloin'Sub7Clauses of t&ese Conditions:

1a4 Sub7Clause -(+: A'reein' or determinin' an e)tension of time and>or additional cost(

1b4 Sub7Clause ,(: Instructin' a Fariation$ e)cept

1i4 in an emer'enc# situation as determined b# t&e En'ineer$ or


95/184


96/184


97/184

9EA Section (!!% Genera &onditions

to t&ese arran'ements and met&ods s&all be made it&out t&is &a%in' pre%iousl# been notified to t&eEn'ineer(

If t&e Contract specifies t&at t&e Contractor s&all desi'n an# part of t&e 0ermanent 5or;s$ t&en unlessot&erise stated in t&e 0articular Conditions:

1a4 t&e Contractor s&all submit to t&e En'ineer t&e Contractors Documents for t&is part inaccordance it& t&e procedures specified in t&e Contract

1b4 t&ese Contractors Documents s&all be in accordance it& t&e Specification and Drain's$ s&allbe ritten in t&e lan'ua'e for communications defined in Sub7Clause (- 9"a and "an'ua'e$and s&all include additional information required b# t&e En'ineer to add to t&e Drain's for co7ordination of eac& 0art#s desi'ns

1c4 t&e Contractor s&all be responsible for t&is part and it s&all$ &en t&e 5or;s are completed$ be fitfor suc& purposes for &ic& t&e part is intended as are specified in t&e Contract and

1d4 prior to t&e commencement of t&e 6ests on Completion$ t&e Contractor s&all submit to t&eEn'ineer t&e 2as7built3 documents and$ if applicable$ operation and maintenance manuals inaccordance it& t&e Specification and in sufficient detail for t&e Emplo#er to operate$ maintain$dismantle$ reassemble$ adjust and repair t&is part of t&e 5or;s( Suc& part s&all not be

considered to be completed for t&e purposes of ta;in'7o%er under Sub7Clause ( 96a;in' O%erof t&e 5or;s and Sections until t&ese documents and manuals &a%e been submitted to t&eEn'ineer(

-(+ 0erformance Securit#

6&e Contractor s&all obtain 1at &is cost4 a 0erformance Securit# for proper performance$ in t&e amountand currencies stated in t&e Contract Data( If an amount is not stated in t&e Contract Data$ t&is Sub7Clause s&all not appl#(

6&e Contractor s&all deli%er t&e 0erformance Securit# to t&e Emplo#er it&in +? da#s after recei%in' t&e"etter of Acceptance$ and s&all send a cop# to t&e En'ineer( 6&e 0erformance Securit# s&all be issuedb# an entit# and from it&in a countr# 1or ot&er jurisdiction4 appro%ed b# t&e Emplo#er$ and s&all be in t&eform anne)ed to t&e 0articular Conditions or in anot&er form appro%ed b# t&e Emplo#er(

6&e Contractor s&all ensure t&at t&e 0erformance Securit# is %alid and enforceable until t&e Contractor&as e)ecuted and completed t&e 5or;s and remedied an# defects( If t&e terms of t&e 0erformanceSecurit# specif# its e)pir# date$ and t&e Contractor &as not become entitled to recei%e t&e 0erformanceCertificate b# t&e date +? da#s prior to t&e e)pir# date$ t&e Contractor s&all e)tend t&e %alidit# of t&e0erformance Securit# until t&e 5or;s &a%e been completed and an# defects &a%e been remedied(

6&e Emplo#er s&all not ma;e a claim under t&e 0erformance Securit#$ e)cept for amounts to &ic& t&eEmplo#er is entitled under t&e Contract(

6&e Emplo#er s&all indemnif# and &old t&e Contractor &armless a'ainst and from all dama'es$ lossesand e)penses 1includin' le'al fees and e)penses4 resultin' from a claim under t&e 0erformance Securit#to t&e e)tent to &ic& t&e Emplo#er as not entitled to ma;e t&e claim(

6&e Emplo#er s&all return t&e 0erformance Securit# to t&e Contractor it&in + da#s after recei%in' acop# of t&e 0erformance Certificate(

5it&out limitation to t&e pro%isions of t&e rest of t&is Sub7Clause$ &ene%er t&e En'ineer determines anaddition or a reduction to t&e Contract 0rice as a result of a c&an'e in cost and>or le'islation or as aresult of a Fariation$ amountin' to more t&an +. percent of t&e portion of t&e Contract 0rice pa#able in aspecific currenc#$ t&e Contractor s&all at t&e En'ineers request promptl# increase$ or ma# decrease$ ast&e case ma# be$ t&e %alue of t&e 0erformance Securit# in t&at currenc# b# an equal percenta'e(


98/184

Section (!!% Genera &onditions 9EA>

-(, Contractors !epresentati%e

6&e Contractor s&all appoint t&e Contractors !epresentati%e and s&all 'i%e &im all aut&orit# necessar# toact on t&e Contractors be&alf under t&e Contract(

nless t&e Contractors !epresentati%e is named in t&e Contract$ t&e Contractor s&all$ prior to t&eCommencement Date$ submit to t&e En'ineer for consent t&e name and particulars of t&e person t&eContractor proposes to appoint as Contractors !epresentati%e( If consent is it&&eld or subsequentl#re%o;ed in terms of Sub7Clause 8(@ 9Contractors 0ersonnel$ or if t&e appointed person fails to act asContractors !epresentati%e$ t&e Contractor s&all similarl# submit t&e name and particulars of anot&ersuitable person for suc& appointment(

6&e Contractor s&all not$ it&out t&e prior consent of t&e En'ineer$ re%o;e t&e appointment of t&eContractors !epresentati%e or appoint a replacement(

6&e &ole time of t&e Contractors !epresentati%e s&all be 'i%en to directin' t&e Contractorsperformance of t&e Contract( If t&e Contractors !epresentati%e is to be temporaril# absent from t&e Sitedurin' t&e e)ecution of t&e 5or;s$ a suitable replacement person s&all be appointed$ subject to t&eEn'ineers prior consent$ and t&e En'ineer s&all be notified accordin'l#(

6&e Contractors !epresentati%e s&all$ on be&alf of t&e Contractor$ recei%e instructions under Sub7Clause ,(, 9Instructions of t&e En'ineer(

6&e Contractors !epresentati%e ma# dele'ate an# poers$ functions and aut&orit# to an# competentperson$ and ma# at an# time re%o;e t&e dele'ation( An# dele'ation or re%ocation s&all not ta;e effectuntil t&e En'ineer &as recei%ed prior notice si'ned b# t&e Contractors !epresentati%e$ namin' t&eperson and specif#in' t&e poers$ functions and aut&orit# bein' dele'ated or re%o;ed(

6&e Contractors !epresentati%e s&all be fluent in t&e lan'ua'e for communications defined in Sub7Clause (- 9"a and "an'ua'e( If t&e Contractors !epresentati%es dele'ates are not fluent in t&e saidlan'ua'e$ t&e Contractor s&all ma;e competent interpreters