Sbd Largeworks

8/12/2019 Sbd Largeworks

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Standard Bidding Documents:Procurement of Large Works


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Introduction ii

These $tandard !iddin %ocuments provide the followin which will comprise 9olume I of the!iddin %ocuments for the procurement of 'are (or)s:

Invitation for !ids *+I;!- < The I;! invites pre56ualified *or reistered- contractors

to submit !ids, and provides a summary description of the (or)s"

$ection I < Instructions to !idders *+IT!- < This $ection provides relevant

information to help !idders prepare their !ids" Information is also provided on thesubmission, openin, and evaluation of !ids and on the award of Contracts"

$ection II < !id %ata $heet *+!%$- < This $ection consists of provisions that are

specific to each procurement and that supplement the information or re6uirementsincluded in $ection I, Instructions to !idders"

$ection III < Evaluation and 3ualification Criteria < This $ection contains the criteria

to determine the lowest evaluated !id and to ascertain the continued 6ualification ofthe !idder to perform the contract"

$ection I9 < !iddin ;orms < This $ection contains the forms which are to be

completed by the !idder and submitted as part of his !id"

$ection 9 < 2eneral Conditions of Contract *+2CC- < This $ection contains the

form of contract to be used by MCA Entities for the procurement of 'are (or)s"The 2eneral Conditions of Contract that shall be used with these $tandard !iddin%ocuments are the ;I%IC Conditions of Contract for Construction, 0 stEdition 0===prepared and copyrihted by the International ;ederation of Consultin Enineers*Fdration Internationale des Ingnieurs-Conseils, or +;I%IC- and licensed toMCC" The te8t of the clauses in this $ection shall not be modified"

$ection 9I < Conditions of &articular Application *+C>&A- < This $ection contains

special conditions of contract that have been developed by MCC to supplement the2eneral Conditions and that shall be used by MCA Entities in the procurement of'are (or)s" The te8t of the clauses in this $ection shall not be modified e8cept inlimited circumstances and only where noted in the introduction to $ection 9I"Additional pro.ect5specific C>&As may be developed by the MCA Entity, to thee8tent necessary"

$ection 9II < ;orms of Areement, &erformance $ecurity, and Advance &ayment

2uarantee < This $ection contains forms which, once completed, will form part of the

Contract and which shall only be completed by the successful !idder after Contractaward"

In addition, the Employer shall prepare additional volumes of information to more fullydescribe the (or)s" At a minimum, the Employer shall prepare:


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Introduction iii

$ection 9III < !ill of 3uantities < This $ection shall contain an itemized description

and listin of the 6uantities of (or)s to be performed" The 6uantities iven in the!ill of 3uantities are estimated and provisional, based on the Technical$pecifications and %rawins, and are iven to enable !idders to prepare priced !ids"(hen the Contract has been entered into, the priced !ill of 3uantities will be used in

the periodic valuation of (or)s e8ecuted" The !ill of 3uantities shall include themethod of measurement of completed (or) for payment"

$ection I? < Technical $pecifications < This $ection shall set out a description of the

scope of the (or)s and present a clear statement of the re6uired standards formaterials, plant, supplies, and wor)manship to be provided" The Technical$pecifications shall also present the environmental, health and safety re6uirements tobe satisfied by the Contractor in e8ecutin the (or)s" The $pecifications shouldreference applicable standards and codes"

$ection ? < %rawins < This $ection shall contain construction drawins in sufficient

detail to allow !idders to understand the type and comple8ity of the wor) involvedand to price the !ill of 3uantities"


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Part I


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INVITATION FOR BIDS

IFB!Procurement "et#od$!IFB num%er$

!"&A 'ntit($

On Be#a)f of:

T#e *o+ernment of !&ountr($

!"i))ennium a))enge Account 'ntit($

Program

Funded %(T,' -NIT'D STAT'S OF A"'RI&A

T,RO-*,

T,' "ILL'NNI-" &,ALL'N*'

&ORPORATION

!TITL' OF LAR*' WOR.S PRO/'&T$

!%ATE$


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Invitation for !ids ii

Ta%)e of &ontents

Standard Bidding Documents: Procurement of Large Works000000000000000000000000000000000000000i

Ta%)e of &ontents0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000i

In+itation for Bids00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000ii

Section I0 Instructions to Bidders0000000000000000000000000000000000000000000000000000000000000000000000000000000000001

Section II 0 Bid Data S#eet00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000023

Section III 0 '+a)uation and 4ua)ification &riteria0000000000000000000000000000000000000000000000000000056

Section IV0 Bidding Forms00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000052

Section V0 *enera) &onditions of &ontract 0000000000000000000000000000000000000000000000000000000000000000078

Section VI0 &onditions of Particu)ar A99)ication 00000000000000000000000000000000000000000000000000000007

Section VII 0 Forms of Agreement; Performance Securit(; and Ad+ance Pa(ment

*uarantee 0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000007

Letter of Acce9tance000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000003

AnneWit#out Pre?4ua)ification@00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000=2

Section VIII0 Bi)) of 4uantities0000000000000000000000000000000000000000000000000000000000000000000000000000000000000115

Section I0 Tec#nica) S9ecifications000000000000000000000000000000000000000000000000000000000000000000000000000011

Section 0 DraCings000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000117


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Invitation for !ids iii

In+itation for Bids!&it(; &ountr($

!"ont#; Da(; ear$

IFBE: "&A 'ntit(The Employer!"et#od; Num%er$!Proect Name$

%ear Madam/$ir:

These !iddin %ocuments are issued to the contractors that have been pre56ualified by the!"i))ennium a))enge Account 'ntit( >G"&A 'ntit(H@$ >orGt#e 'm9)o(erH@for the citedContract"

The Millennium Challene Corporation *+MCC- and the 2overnment of !&ountr($ *the+2overnment or +!*o$- have entered into a Millennium Challene Compact for MillenniumChallene Account assistance to help facilitate poverty reduction throuh economic rowth in

!&ountr($*the +Compact- in the amount of appro8imately !Amount$$% *+MCC ;undin-"The 2overnment, actin throuh the Employer; intends to apply a portion of the proceeds ofMCC ;undin to eliible payments under a contract associated with this Invitation for !ids*+I;!-" &ayments by the Employer will be sub.ect, in all respects, to the terms and conditions,includin restrictions on the use of MCC ;undin, of the Compact" 4o party other than the2overnment and the Employer shall derive any rihts from the Compact or have any claim to theproceeds of MCC ;undin"

The Compact &roram includes !9ro+ide t#e %est a+ai)a%)e %rief descri9tion of t#e genera)and s9ecific goa)s and strategies of t#e &om9act Program; t#e genera) areas of focus and

t#e s9ecific 9roects 9ro9osed; t#e e


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Invitation for !ids iii

This Invitation for !ids has been addressed to the followin pre56ualified !idders:

!List$

It is not permissible to transfer this invitation to any other contractor"

These !iddin %ocuments consist of the followin:

Part I " Bidding ProceduresInvitation for !ids *I;!-$ection I < Instructions to !idders *IT!-$ection II < !id %ata $heet *!%$-$ection III < Evaluation and 3ualification Criteria$ection I9 < !iddin ;ormsPart II " Conditions of Contract

$ection 9 < 2eneral Conditions of Contract *2CC-

$ection 9I < Conditions of &articular Application *C>&A-$ection 9II < ;orms of Areement and $ecurityPart III " Works Requirements$ection 9III < !ill of 3uantities$ection I? < Technical $pecifications$ection ? < %rawins

#$%e list of contents of t%e Bidding Documents ma& 'e ad(usted as necessar& for t%e )articular

)rocurement*+

&lease inform us in writin at the followin address upon receipt:

a- that you received this letter of invitation7 and b- whether you will submit a !id alone or in association"

!&ontact name and tit)e; Procurement Agent or "&A 'ntit('m9)o(er; address; te)e9#one

and fa< num%ers; and emai) address of su%mission )ocation$

All !ids must be accompanied by a security in the form and amount specified in the !iddin%ocuments, and must be delivered to the address gi+en %e)oC no later than !insert )oca) timeand date$" !idders should be aware that distance and customs formalities may re6uire lonerthan e8pected delivery time"

!ids will be opened immediately thereafter in the presence of !iddersB representatives whopresented !ids and who choose to attend" 'ate !ids will be re.ected and returned unopened"

@ours sincerely, !Procurement Officer$;

!T#e 'm9)o(er"&A 'ntit($


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Invitation for !ids iv

!Address$

!Te)e9#one num%er$

!Fa< num%er$

!'mai) address$


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$ection I" Instructions to !idders I5 0

Section I0 Instructions to Bidders

Ta%)e of &ontents

A0 *enera)0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000005

0"$cope of !id"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""$ource of ;unds"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""Corrupt and ;raudulent &ractices """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""DD"Eliible !idders""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""F"Eliible Materials, E6uipment, and $ervices"""""""""""""""""""""""""""""""""""""""""""""""""""""""=

B0 &ontents of Bidding Documents000000000000000000000000000000000000000000000000000000000000000000000=

"$ections of !iddin %ocuments""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""=G"Clarification of !iddin %ocuments, $ite 9isit, &re5!id Meetin"""""""""""""""""""""01H"Amendment of !iddin %ocuments"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""00

&0 Pre9aration of Bids000000000000000000000000000000000000000000000000000000000000000000000000000000000000000011="Cost of !iddin"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0001"'anuae of !id""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0000"%ocuments Comprisin the !id""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""00"'etter of !id and $chedules """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""00"Alternative !ids""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""00D"!id &rices and %iscounts""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""00F"Currencies of !id and &ayment""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0D0"%ocuments Comprisin the Technical >ffer""""""""""""""""""""""""""""""""""""""""""""""""""""0D0G"%ocuments Establishin the 3ualifications of the !idder""""""""""""""""""""""""""""""""0D0H"&eriod of 9alidity of !ids"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0D

0="!id $ecurity""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0F1";ormat and $inin of !id""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0

D0 Su%mission and O9ening of Bids00000000000000000000000000000000000000000000000000000000000000000013

0"$ealin and Mar)in of !ids""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0"%eadline for $ubmission of !ids""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0G"'ate !ids"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0GD"(ithdrawal, $ubstitution, and Modification of !ids """"""""""""""""""""""""""""""""""""""0GF"!id >penin""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0H

'0 '+a)uation and &om9arison of Bids00000000000000000000000000000000000000000000000000000000000001=

"Confidentiality""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0=G"Clarification of !ids""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0=H"%eviations, eservations, and >missions"""""""""""""""""""""""""""""""""""""""""""""""""""""""""1="%etermination of esponsiveness """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""11"4onmaterial 4onconformities""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""00"Correction of Arithmetical Errors"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""0"Conversion to $inle Currency """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""Marin of &reference""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""


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$ection I" Instructions to !idders I5

D"Evaluation of !ids"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""F"Comparison of !ids""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""3ualification of the !idder"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""G"EmployerBs iht to Accept Any !id, and to e.ect Any or All !ids"""""""""""""

F0 ACard of &ontract00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000025H"Award Criteria""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""="4otification of Award"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""D1"$inin of Contract"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""DD0"&erformance $ecurity""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""D


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Instructions to Bidders

A0 *enera)

10 Sco9e of Bid 0"0 In connection with the I;! number as indicated in theInvitation for !ids, the Millennium Challene AccountEntity *hereinafter called the Employer or MCA Entity asindicated in the BDS-, issues these !iddin %ocuments forthe &rocurement of (or)s as specified in $ection I?,Technical $pecifications and $ection ?, %rawins of &artIII, (or)s e6uirements" The name, identification, andnumber of lots of this procurement are provided in theBDS0

0" Throuhout these !iddin %ocuments unless otherwiseindicated, capitalized terms have the meanin indicated inthe Contract set forth in $ections 9 and 9I, provided that:

*a- the term +in writin means communicated in writtenform and delivered aainst receipt7

*b- e8cept where the conte8t re6uires otherwise, wordsindicatin the sinular also include the plural and wordsindicatin the plural also include the sinular7 and

*c- +day means calendar day"

20 Source of Funds "0 The Millennium Challene Corporation *+MCC- and the2overnment of the Country named in the BDS *the

+2overnment- have entered into a Millennium ChalleneCompact for Millennium Challene Account assistance tohelp facilitate poverty reduction throuh economic rowth inCountry *the +Compact- in the amount specified in theBDS *+MCC ;undin-" The Employer;on behalf of the2overnment, intends to apply a portion of the proceeds ofthe MCC ;undin to eliible payments under the contractassociated with these !iddin %ocuments for the pro.ectnamed in the BDS" &ayment by MCC will be made only atthe re6uest of the Employer and, if applicable, uponapproval by MCC, and will be sub.ect, in all respects, to the

terms and conditions, includin restrictions on the use ofMCC ;undin, of the Compact" 4o party other than the2overnment and the Employer shall derive any rihts fromthe Compact or have any claim to any proceeds of the MCC;undin"

" The Compact provides a rant over a period specified in theBDSto fund pro.ects focused on reducin poverty throuhsustainable economic rowth" The Compact proram is as


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$ection I" Instructions to !idders I5 D

briefly described in the BDS" The Compact and its relateddocuments are available at www"mcc"ovor at the websiteof the Employer"

50 &orru9t and

Fraudu)ent

Practices

"0 MCC re6uires that all beneficiaries of MCC fundin,includin the Employer, and any bidders, suppliers,contractors, subcontractors and consultants under any MCC5funded contracts, observe the hihest standards of ethicsdurin the procurement and e8ecution of such contracts" Inpursuance of this policy, the followin provisions shallapply"

*a- ;or the purposes of these provisions, the terms set forthbelow are defined as follows:

*i- corrupt practice means the offerin, ivin,receivin, or solicitin, directly or indirectly, of

anythin of value to influence the actions ofa publicofficial *includin Employer and MCC staff andemployees of other oranizations ta)in orreviewin selection decisions- in the selectionprocess or in contract e8ecution or the ma)in ofany payment to any thirdparty, in connection withor in furtherance of a contract, in violation of *A-the nited $tates ;orein Corrupt &ractices Act of0=GG, as amended *0F $C GHa et se6"- *+;C&A-,or any other actions ta)en that otherwise would bein violation of the ;C&A if the ;C&A were

applicable, or *!- any applicable law in!&ountr(#7

*ii- fraudulent practicemeans any act or omission,includin any misrepresentation, in order toinfluence *or attempt to influence-, a selectionprocess or the e8ecution of a contract to obtain afinancial or other benefit, or to avoid *or attempt toavoid- an obliation7

*iii- collusive practice means a scheme or

arranement between two or more parties, with orwithout the )nowlede of the Employer, desinedto establish prices at artificial, noncompetitivelevels or to otherwise deprive the Employer of thebenefits of free and open competition7

*iv- coercive practice means impairin or harminor threatenin to impair or harm, directly or

D
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$ection I" Instructions to !idders I5 F

indirectly, persons or their property, to influencetheir participation in a procurement process, oraffect the e8ecution of a contract7

*v- obstructive practicemeans

*aa- destroyin, falsifyin, alterin or concealinevidence material to the investiation orma)in false statements to investiators inorder to impede an investiation intoalleations of a corrupt, fraudulent,coercive, collusive, or prohibited practice7and threatenin, harassin, or intimidatinany party to prevent it from disclosin its)nowlede of matters relevant to theinvestiation or from pursuin theinvestiation, and

*bb- acts intended to impede the e8ercise of theinspection and audit rihts of MCCprovided under the Compact and relatedareements7 and

*vi- +prohibited practice means any action thatviolates $ection E *Compliance with Anti5Corruption 'eislation-, $ection ; *Compliancewith Anti5Money 'aunderin 'eislation- or$ection 2 *Compliance with Terrorist ;inancin$tatutes and >ther estrictions- of the +2eneral

&rovisions Anne8 that will be made a part of theContract and may be found on the MCC website athttp://www"mcc"ov/uidance/compact/eneralJprovisions"pdf"

*b- The Employerwill re.ect a !id if it determines that the!idder recommended for award has, directly or throuhan aent, enaed in corrupt, fraudulent, collusive,coercive, obstructive or prohibited practices incompetin for the Contract"

*c- The Employer has the riht to sanction a !idder orContractor, includin declarin the !idder or Contractorineliible, either indefinitely or for a stated period oftime, to be awarded an MCC5funded contract if at anytime it determines that the !idder or Contractor has,directly or throuh an aent, enaed in corrupt,fraudulent, collusive, coercive, obstructive or prohibitedpractices in competin for, or in e8ecutin, such a

F
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contract"

*d- The Employerhas the riht to re6uire that a provision beincluded in the Contract re6uirin the selected !idder topermit the Employer,MCC, or any desinee of MCC, toinspect its accounts, records and other documentsrelatin to the submission of a !id or performance of theContract and to have them audited by auditors appointedby MCC or the Employer with the approval of MCC"

*e- In addition, MCC has the riht to cancel the portion ofMCC ;undin allocated to the Contract if it determinesat any time that representatives of a beneficiary of theMCC ;undin enaed in corrupt, fraudulent, collusive,coercive, obstructive or prohibited practices durin theselection process or the e8ecution of the Contract,without the Employer havin ta)en timely and

appropriate action satisfactory to MCC to remedy thesituation" MCC may also invo)e any of the rihtsidentified for the Employer in pararaphs "0*b-5*d-above"

0 ')igi%)e Bidders D"0 A !idder may be a natural person, private entity,overnment5owned entityKsub.ect to IT! D"DKor anycombination of such entities supported by a letter of intent toenter into an areement or under an e8istin areement inassociation in the form of a .oint venture *+L9- or aconsortium" In these cases:

*a- all partners shall be .ointly and severally liable for thee8ecution of the Contract, and

*b- the association shall nominate a epresentative who shallhave the authority to conduct all business for and onbehalf of any and all the partners of the L9 or theconsortium durin the biddin process and, in the eventthe L9 or consortium is awarded the Contract, durinContract e8ecution"

D" A !idder, and all parties constitutin the !idder, may havethe nationality of any country, sub.ect to the restrictions

specified in the pararaphs below" A !idder shall be deemedto have the nationality of a country if the !idder is a citizenor is constituted, incorporated, or reistered in, and operatesin conformity with, the provisions of the laws of thatcountry" This criterion shall also apply to the determinationof the nationality of proposed subcontractors or suppliers forany part of the Contract includin related services"


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$ection I" Instructions to !idders I5 G

D" A !idder shall not have a conflict of interest" All !iddersfound to have a conflict of interest shall be dis6ualified" A!idder may be considered to have a conflict of interest withone or more parties in this biddin process, if:

*a- they have at least one controllin partner in common7 or

*b- they have the same leal representative for purposes ofthis !id7 or

*c- they have a relationship with each other, directly orthrouh common third parties, that puts them in aposition to have access to information about or influenceon the !id of another !idder, or influence the decisionsof the Employer reardin this biddin process7 or

*d- they participate in more than one !id in this biddinprocess7 participation by a !idder in more than one !id

will result in the dis6ualification of all !ids in which theparty is involved7 however, this provision does not limitthe inclusion of the same subcontractor in more than one!id7 or

*e- they are, or have been associated in the past, with a firmwhich has been enaed to provide consultin servicesfor the preparation of the desin, specifications, or otherdocuments to be used for the performance of the (or)sunder the Contract7 or

*f- they or any of their affiliates have been hired *or areproposed to be hired- by the Employer as Enineer forthe Contract7 or

*- they have a business or family relationship with amember of the EmployerBs board of directors or staffwho is directly or indirectly involved in any part of *i-the preparation of these !iddin %ocuments, *ii- the !idselection process, or *iii- supervision of the Contract,unless the conflict stemmin from this relationship hasbeen resolved in a manner acceptable to MCCthrouhout the process of preparin the !iddin%ocuments and awardin and e8ecutin the Contract"

*h- !idders and the Contractor have an obliation to discloseany situation of actual or potential conflict that impactstheir capacity to serve the best interest of the Employer,or that may reasonably be perceived as havin thiseffect" ;ailure to disclose said situations may lead to thedis6ualification of the !idder or Contractor or thetermination of the Contract"

G


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$ection I" Instructions to !idders I5 H

D"D 2overnment5owned entities in the EmployerBs country shallbe eliible only if they can establish that they *a- are leallyand financially autonomous, *b- operate under commerciallaw, and *c- are not a dependent aency of the Employer"

D"F !idders shall provide such evidence of their continuedeliibility, in a manner satisfactory to the Employer, as itshall reasonably re6uest"

D" !idders and their associates and personnel shall not be anyperson or firm under a declaration of ineliibility for fraudand corruption in accordance with IT! "0 above or that hasbeen declared ineliible for participation in a procurement inaccordance with the procedures set out in the MCC &roram&rocurement 2uidance paper entitled ,.cluded Parties/erification Procedures in 0C! ntit& ProgramProcurements1 that can be found on MCCBs website at

www"mcc"ov" This would also remove from eliibility forparticipation ina procurement any firm that is oranized inor has its principal place of business or a sinificant portionof its operations in any country that is sub.ect to sanction orrestriction by law or policy of the nited $tates" As of thedate of these !iddin %ocuments, those countries are[Cuba, Iran, North Korea, Sudan and Syria]. owever thecountries sub.ect to these sanctions and restrictions aresub.ect to chane from time to time and it is necessary torefer to the web sites identified in the uidance paperreferenced above for the most current listin of sanctioned

and restricted countries"

D"G A !idder not otherwise made ineliible for a reasondescribed in IT! D" shall be e8cluded if:

*a- as a matter of law or official reulation, the 2overnmentprohibits commercial relations with the country of the!idder, its associates or their personnel7 or

*b- by an act of compliance with a decision of the nited4ations $ecurity Council ta)en under Chapter 9II ofthe Charter of the nited 4ations, the 2overnment

prohibits any import of oods from the country of the!idder, its associates or their personnel or anypayments to persons or entities in such country"

D"H This biddin procedure is open only to pre56ualified!idders"

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$ection I" Instructions to !idders I5 =

70 ')igi%)e

"ateria)s;

'Jui9ment; and

Ser+ices

F"0 The materials, e6uipment and services to be supplied underthe Contract and financed by the MCC may have their oriinin any country sub.ect to the same restrictions specified for!idders and their associates and personnel set forth in IT!D" and D"G" At the EmployerBs re6uest, !idders may be

re6uired to provide evidence of the oriin of materials,e6uipment and services"

F" ;or purposes of IT! F"0 above, +oriin means the placewhere the materials and e6uipment are mined, rown,produced, manufactured or processed, and from which theservices are provided" Materials and e6uipment areproduced when, throuh manufacturin, processin, orsubstantial or ma.or assemblin of components, acommercially reconized product results that differssubstantially in its basic characteristics or in purpose orutility from its underlyin components"

F" The oriin of materials, e6uipment and services is distinctfrom the nationality of the !idder"

F"D Country of oriin for ma.or items of plant, materials, oodsand services provided under the Contract must be indicatedin the Appendi8 to !id included in $ection I9"

B0 &ontents of Bidding Documents

30 Sections of

Bidding Documents

"0 The !iddin %ocuments consist of all the $ections indicatedbelow, and should be read in con.unction with any addenda

issued in accordance with IT! H"

Part I 2Bidding Procedures

$ection I" Instructions to !idders *IT!-

$ection II" !id %ata $heet *!%$-

$ection III" Evaluation and 3ualification Criteria

$ection I9" !iddin ;orms

Part II " Conditions of Contract $ection 9" 2eneral Conditions of Contract

$ection 9I" Conditions of &articular Application

$ection 9II" ;orms of Areement and $ecurity

Part III -- Works Requirements

=


20/125


$ection 9III" !ill of 3uantities

$ection I?" Technical $pecifications

$ection ?" %rawins

" The Invitation for !ids issued by the Employer is not part ofthe !iddin %ocuments"

" The Employer is not responsible for the completeness of the!iddin %ocuments and their addenda, if they were notobtained directly from the office of the Employer"

"D The !idder is e8pected to e8amine all instructions, forms,terms, and specifications in the !iddin %ocuments" ;ailureto furnish all information or documentation re6uired by the!iddin %ocuments may result in the re.ection of the !id"

80 &)arification ofBidding

Documents; Site

Visit; Pre?Bid

"eeting

G"0 A prospective !idder re6uirin any clarification of the!iddin %ocuments shall contact the Employer in writin atthe EmployerBsaddress indicated in theBDSor raise his orher in6uiries durin the pre5!id meetin if provided for inaccordance with IT! G"D" The Employer will respond inwritin to any re6uest for clarification, provided that suchre6uest is received no later than the number of daysindicated in theBDSprior to the deadline for submission of!ids" The Employer shall forward copies of its responsewithin the time specified in the BDS to all !idders who haveac6uired the !iddin %ocuments in accordance with IT!

", includin a description of the in6uiry but withoutidentifyin its source" $hould the Employer deem itnecessary to amend the !iddin %ocuments as a result of are6uest for clarification, it shall do so followin theprocedure under IT! H and IT! ""

G" A site visit shall be oranized by the Employer if sospecified in the BDS" If no site visit is oranized, the !idderis advised to visit and e8amine the $ite of (or)s and itssurroundins and obtain for itself on its own responsibilityall information that may be necessary for preparin the !idand enterin into a contract for construction of the (or)s"The costs of visitin the $ite shall be at the !idderBs owne8pense"

G" If permission is re6uired to ain access to the site, the !idderand any of its personnel or aents will be ranted permissionby the Employer to enter upon the premises and lands for thepurpose of such visit, but only upon the e8press conditionthat the !idder, its personnel, and aents will release and

01


21/125


indemnify the Employer and its personnel and aents fromand aainst all liability in respect thereof, and will beresponsible for death or personal in.ury, loss of or damae toproperty, and any other loss, damae, costs, and e8pensesincurred as a result of the inspection"

G"D The !idderBs desinated representative is invited to attend apre5!id meetin, if provided for in theBDS" The purpose ofthe meetin will be to clarify issues and to answer 6uestionson any matter that may be raised at that stae"

G"F Minutes of the pre5!id meetin, includin the te8t of the6uestions raised, without identifyin the source, and theresponses iven, toether with any responses prepared afterthe meetin, will be transmitted promptly to all !idders whoac6uired the !iddin %ocuments in accordance with IT!"" Any modification to the !iddin %ocuments that may

become necessary as a result of the pre5!id meetin shall bemade by the Employer e8clusively throuh the issuance ofan addendum pursuant to IT! H and not throuh the minutesof the pre5!id meetin"

G" 4onattendance at the pre5!id meetin will not be a cause fordis6ualification of a !idder"

0 Amendment of

Bidding Documents

H"0 At any time prior to the deadline for submission of !ids, theEmployer may amend the !iddin %ocuments by issuinaddenda"

H" Any addendum issued shall be part of the !iddin%ocuments and shall be communicated in writin to all whohave obtained the !iddin %ocuments from the Employer0

H" To ive prospective !idders reasonable time in which tota)e an addendum into account in preparin their !ids, theEmployer may, at its discretion, e8tend the deadline for thesubmission of !ids, pursuant to IT! ""

&0 Pre9aration of Bids

=0 &ost of Bidding ="0 The !idder shall bear all costs associated with the

preparation and submission of its !id, and the Employershall not be responsible or liable for those costs, reardlessof the conduct or outcome of the biddin process"

160 Language of

Bid

01"0 The !id, as well as all correspondence and documentsrelatin to the !id e8chaned by the !idder and theEmployer, shall be written in Enlish and at the discretion ofthe Employer in another lanuaeif so specified in the BDS0$upportin documents and printed literature that are part of

00


22/125


the !id may be in another lanuae provided they areaccompanied by an accurate translation of the relevantpassaes in Enlish, in which case, for purposes ofinterpretation of the !id, the Enlish version shall overn"

110 Documents

&om9rising t#e Bid

00"0 The !id, and any alternative !ids if permitted under 0"0,shall comprise the followin:

*a- 'etter of !id and Appendi8 to !id7

*b- completed schedules as re6uired, includin priced !illof 3uantities, in accordance with IT! 0 and 0D7

*c- alternative !ids, if permissible, in accordance withIT! 07

*d- Technical >ffer in accordance with IT! 07

*e- documentary evidence in accordance with IT! 0G

establishin the !idderBs 6ualifications to perform theContract if its !id is accepted7

*f- !id $ecurity, in accordance with IT! 0=7

*- written confirmation authorizin the sinatory of the!id to commit the !idder, in accordance with IT!1"7

*h- a !id submitted by a L9 or consortium shall besubmitted in accordance with IT! 00" below"

*i- any other document re6uired in the BDS"

00" !ids submitted by a L9 or consortium shall include a copyof the L9/consortium areement entered into by all membersand shall indicate the parts of the (or)s to be e8ecuted bythe respective partners" Alternatively, a 'etter of Intent toe8ecute a L9/consortium areement in the event of asuccessful !id shall be sined by all members and submittedwith the !id, toether with a copy of the proposedareement"

120 Letter of Bid

and Sc#edu)es

0"0 The 'etter of !id and $chedules, includin the !ill of3uantities3 shall be prepared usin the relevant formsfurnished in $ection I9, !iddin ;orms and $ection 9III,!ill of 3uantities" The forms must be completed withoutany alterations to the te8t, and no substitutes shall beaccepted" All blan) spaces shall be filled in with theinformation re6uested"

150 A)ternati+e Bids 0"0 nless otherwise indicated in the BDS, alternative !ids shallnot be considered"

0


23/125


0" (hen alternative times for completion are e8plicitly invited,a statement to that effect will be included in theBDS, as willthe method of evaluatin different times for completion"

0" E8cept as provided under IT! 0"D below, !idders wishin

to offer technical alternatives to the re6uirements of the!iddin %ocuments must first price the EmployerBs desinas described in the !iddin %ocuments and shall furtherprovide all information necessary for a complete evaluationof the alternative by the Employer, includin drawins,desin calculations, technical specifications, brea)down ofprices, proposed construction methodoloy and otherrelevant details" >nly the technical alternatives, if any, ofthe lowest evaluated !idder conformin to the basictechnical re6uirements shall be considered by the Employer"

0"D W#en s9ecified in t#e BDS, !idders are permitted tosubmit alternative technical solutions for specified parts ofthe (or)s, and such parts will be identified in the BDS, aswill the method for their evaluatin, and described in$ection I?, Technical $pecifications and $ection ?,%rawins of &art III, (or)s e6uirements"

10 Bid Prices and

Discounts

0D"0 The prices and discounts 6uoted by the !idder in the 'etterof !id and in the !ill of 3uantities shall conform to there6uirements specified below"

0D" The !idder shall fill in rates and prices for all items of the

(or)s described in the !ill of 3uantities" Items aainstwhich no rate or price is entered by the !idder will not bepaid for by the Employer when e8ecuted and shall bedeemed covered by the rates for other items and prices in the!ill of 3uantities"

0D" The price to be 6uoted in the 'etter of !id, in accordancewith IT! 0"0, shall be the total price of the !id, e8cludinany discounts offered"

0D"D The !idder shall 6uote any unconditional discounts and the

methodoloy for their application in the 'etter of !id, inaccordance with IT! 0"0"

0D"F T#eContract rates and prices 6uoted by the !idder are notsub.ect to ad.ustment durin the first eihteen *0H- monthsof the Contract" !eyond eihteen *0H- months, suchad.ustments may be allowed if so specified in the BDS0 Insuch a case, the !idder shall furnish the indices and

0


24/125

$ection I" Instructions to !idders I5 0D

weihtins for the price ad.ustment formulae in the+$chedule of Ad.ustment %ata as iven in the Appendi8 to!id in $ection I9: !iddin ;orms, and the Employer mayre6uire the !idder to .ustify its proposed indices andweihtins durin neotiations"

0D" If so indicated in the BDS, !ids are bein invited forindividual lots or for any combination of lots *pac)aes-"!idders wishin to offer any price reduction for the award ofmore than one lot shall specify in their !id the pricereductions applicable to each pac)ae, or alternatively, toindividual lots within the pac)ae" &rice reductions ordiscounts shall be submitted in accordance with IT! 0D"D,provided the !ids for all lots are submitted and opened at thesame time"

0D"G Clause 0 of the Conditions of &articular Application*$ection 9I- sets forth the ta8 provisions of the Contract"!idders should review this clause carefully in preparin their!id"

170 &urrencies of

Bid and Pa(ment

0F"0 The currency*ies-, or combinations thereof, of the !id and ofthe payments shall be as specified in theBDS0

130 Documents

&om9rising t#e

Tec#nica) Offer

0"0 The !idder shall furnish a Technical >ffer which shallinclude all forms in $ection I9" C < Technical >ffer forms,in sufficient detail to demonstrate the ade6uacy of the!idderBs !id to meet the wor) re6uirements and the

completion time"

180 Documents

'sta%)is#ing t#e

4ua)ifications of

t#e Bidder

0G"0 In accordance with $ection III, Evaluation and 3ualificationCriteria, to establish that the !idder continues to meet thecriteria used at the time of pre56ualification, the !idder shallprovide in the correspondin information sheets included in$ection I9, !iddin ;orms, updated information on anyassessed aspect that chaned from that time"

10 Period of

Va)idit( of Bids

0H"0 !ids shall remain valid for the period specified in theBDSafter the !id submission deadline date specified in the BDS"A !id valid for a shorter period shall be re.ected by the

Employer as non5responsive"

0H" In e8ceptional circumstances, prior to the e8piration of the!id validity period, the Employer may re6uest !idders toe8tend the period of validity of their !ids" The re6uest andthe !idderBs responses shall be made in writin" The !id$ecurity shall also be e8tended for twenty5eiht *H- daysbeyond the deadline of the e8tended !id validity period" A

0D


25/125

$ection I" Instructions to !idders I5 0F

!idder may refuse the re6uest without forfeitin its !id$ecurity" A !idder rantin the re6uest shall not be re6uiredor permitted to modify its !id, e8cept if the award is delayedby a period e8ceedin eihty5four *HD- days beyond thee8piry of the initial !id validity7 in which case, the Contract

price shall be the !id price ad.usted by the factor specifiedin the BDS"

1=0 Bid Securit( 0="0 T#e!idder shall furnish as part of its !id, a !id $ecurity inoriinal form and in the amount and currency specified inthe BDS" If a bidder is biddin on multiple lots, or issubmittin alternative !ids, only one !id $ecurity isre6uired for all lots and for both base and alternative !ids"

0=" The !id security shall be a demand uarantee at the !idderBsoption, in any of the followin forms:

*a- an unconditional ban) uarantee7 or*b- an irrevocable letter of credit,

from a reputable source from an eliible country" If theunconditional ban) uarantee or irrevocable letter of creditis issued by a ban) located outside the EmployerBs country,the issuer shall have a correspondent financial institutionlocated in the EmployerBs country to ma)e it enforceable"In the case of a ban) uarantee, the !id $ecurity shall besubmitted either usin the !id $ecurity ;orm included in$ection I9, !iddin ;orms or in another substantially

similar format approved by the Employer prior to !idsubmission" In either case, the form must include thecomplete name of the !idder" The !id $ecurity shall bevalid for twenty5eiht *H- days beyond the oriinal validityperiod of the !id, or beyond any period of e8tension ifre6uested under IT! 0H""

0=" Any !id not accompanied by an enforceable and compliant!id $ecurity shall be re.ected by the Employer as non5responsive"

0="D The !id $ecurity of unsuccessful !idders shall be returned

as promptly as possible upon the successful !idderBsfurnishin of the performance security"

0="F The !id $ecurity of the successful !idder shall be returnedas promptly as possible once the successful !idder hassined the Contract and furnished the re6uired performancesecurity"

0F


26/125


0=" The !id $ecurity may be forfeited:

*a- if a !idder withdraws its !id durin the period of !idvalidity specified by the !idder on the 'etter of !id;orm, e8cept as provided in IT! 0H" or

*b- if the successful !idder fails to:

*i- sin the Contract in accordance with IT! D1"7or

*ii- furnish a performance security in accordancewith $ub5Clause D" of the Contract as describedin IT! D0"

0="G The !id security of a L9 or consortium shall be in the nameof the association that submits the !id" If the association hasnot been leally constituted at the time of biddin, the !idsecurity shall be in the names of all future partners as namedin the letter of intent referred to in IT! D"0*

260 Format and

Signing of Bid

1"0 The !idder shall prepare one oriinal of the documentscomprisin the !id as described in IT! 00 and clearly mar)it ORI*INAL" Alternative !ids, if permitted in accordancewith IT! 0, shall be clearly mar)ed ALT'RNATIV'" Inaddition, the !idder shall submit copies of the !id, in thelanuae*s- and number specified in the BDS and clearlymar) each one &OP" In the event of any discrepancybetween the oriinal and the copies, the oriinal shallprevail"

1" The oriinal and all copies of the !id shall be typed or writtenin indelible in) and shall be sined by a person duly authorizedto sin on behalf of the !idder" This authorization shall consistof a written confirmation as specified in theBDSand shall beattached to the !id" The name and position held by eachperson sinin the authorization must be typed or printedbelow the sinature" All paes of the !id where entries oramendments have been made shall be sined or initialed by theperson sinin the !id"

1" Any inter5lineation, erasures, or overwritin shall be valid onlyif they are sined or initialed by the person sinin the !id"

D0 Su%mission and O9ening of Bids

210 Sea)ing and

"arking of Bids

0"0 The !idder shall enclose the oriinal and all copies of the!id, includin alternative !ids, if permitted in accordancewith IT! 0, in separate sealed envelopes, duly mar)in theenvelopes as ORI*INAL, ALT'RNATIV'and &OP" These

0


27/125

$ection I" Instructions to !idders I5 0G

envelopes containin the oriinal and the copies shall thenbe enclosed in one sinle envelope" The alternative !id mustbe placed by itself in a separate envelope"

0" The inner and outer envelopes shall:

*a- bear the name and address of the !idder7

*b- be addressed to the Employer in accordance with IT!"07

*c- bear the specific identification of this biddin processindicated in the BDS0"07 and

*d- bear a warnin not to open before the time and date for!id openin"

0" If all envelopes are not sealed and mar)ed as re6uired, theEmployer will assume no responsibility for the

misplacement or premature openin of the !id"

220 Dead)ine for

Su%mission of Bids

"0 !ids must be received by the Employer at the address and nolater than the date and time indicated in the BDS" (hen sospecified in the BDS, !idders shall have the option ofsubmittin their !ids electronically" !idders submittin !idselectronically shall follow the electronic !id submissionprocedures as specified in the BDS0

" The Employer may, at its discretion, e8tend the deadline forthe submission of !ids by amendin the !iddin %ocuments

in accordance with IT! H, in which case all rihts andobliations of the Employer and !idders previously sub.ectto the oriinal deadline shall thereafter be sub.ect to thedeadline as e8tended"

250 Late Bids "0 The Employer shall not consider any !id that arrives afterthe deadline for submission of !ids, in accordance with IT!" Any !id received by the Employer after the deadline forsubmission of !ids shall be declared late, re.ected, andreturned unopened to the !idder"

20 Wit#draCa);

Su%stitution; and"odification of

Bids

D"0 A !idder may withdraw, substitute, or modify its !id after it

has been submitted but before the deadline for submission bysendin a written notice, duly sined by an authorizedrepresentative, and shall include a copy of the authorization inaccordance with IT! 1" *e8cept that withdrawal notices donot re6uire copies-" The correspondin substitution ormodification of the !id must accompany the respective writtennotice" All notices must be:

0G


28/125


29/125

$ection I" Instructions to !idders I5 0=

discounts and alternative offers7 the presence of a !idsecurity, if re6uired7 and any other details as the Employermay consider appropriate" >nly discounts and alternativeoffers read out at !id openin shall be considered forevaluation" 4o !id shall be re.ected at !id openin e8cept

for late !ids, in accordance with IT! "0"

F"D The Employer shall prepare a record of the !id openin thatshall include, at a minimum: the name of the !idder andwhether there is a withdrawal, substitution, or modification7the !id price, per lot if applicable, includin any discountsand alternative offers7 and the presence or absence of a !idsecurity, if one was re6uired" The !iddersB representativeswho are present shall be re6uested to sin the record" Theomission of a !idderBs sinature on the record shall notinvalidate the contents and effect of the record" A copy ofthe record shall be distributed to all !idders"

'0 '+a)uation and &om9arison of Bids

230 &onfidentia)it( "0 Information relatin to the evaluation of !ids andrecommendations of Contract award shall not be disclosed to!idders or any other persons not officially concerned withsuch process until information on Contract award iscommunicated to all !idders"

" Any attempt by a !idder to influence the Employer in theevaluation of the !ids or Contract award decisions may

result in the re.ection of its !id and the application of othersanctions and remedies in accordance with the provisions ofIT! "0, to the e8tent applicable"

" 4otwithstandin IT! ", from the time of !id openin tothe time of Contract award, if any !idder wishes to contactthe Employer on any matter related to the biddin process, itmay do so in writin at the address specified in the BDS"

280 &)arification of

Bids

G"0 To assist in the e8amination, evaluation, and comparison ofthe !ids, and 6ualification of the !idders, the Employermay, at its discretion, as) any !idder for a clarification of its

!id" Any clarification submitted by a !idder that is not inresponse to a re6uest by the Employer shall not beconsidered" The EmployerBs re6uest for clarification and theresponse shall be in writin" 4o chane in the prices orsubstance of the !id shall be souht, offered, or permitted,e8cept to confirm the correction of arithmetic errorsdiscovered bythe Employer in the evaluation of the !ids, inaccordance with IT! 0"

0=


30/125


G" If a !idder does not provide clarifications of its !id by thedate and time set in the EmployerBs re6uest for clarification,its !id may be re.ected"

20 De+iations;

Reser+ations; and

Omissions

H"0 %urin the evaluation of !ids, the followin definitionsapply:

*a- ,de4iation1 is a departure from the re6uirementsspecified in the !iddin %ocuments7

*b- ,reser4ation1 is the settin of limitin conditions orwithholdin from complete acceptance of there6uirements specified in the !iddin %ocuments7 and

*c- ,omission1 is the failure to submit part or all of theinformation or documentation re6uired in the !iddin%ocuments"

2=0 Determinationof Res9onsi+eness

="0 The EmployerBs determination of a !idBs responsiveness isto be based on the contents of the !id itself, as defined inIT!00"

=" A substantially responsive !id is one that meets there6uirements of the !iddin %ocuments without materialdeviation, reservation, or omission" A material deviation,reservation, or omission is one that,

*a- if accepted, would

*i- affect in any substantial way the scope, 6uality, or

performance of the (or)s specified in theContract7 or

*ii- limit in any substantial way, inconsistent with the!iddin %ocuments, the EmployerBs rihts or the!idderBs obliations under the proposed Contract7 or

*b- if rectified, would unfairly affect the competitiveposition of other !idders presentin substantiallyresponsive !ids"

=" The Employer shall e8amine the technical aspects of the !idsubmitted in accordance with IT! 0, Technical >ffer, inparticular, to confirm that all re6uirements of &art III ranization""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""FC9s of Oey &ersonnel """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""FEnvironmental P $ocial Impact %ocuments"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""FDealth P $afety %ocuments""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""FF


43/125

$ection I9" !iddin ;orms I95

A0 Bid Su%mission Forms

Letter of Bid

4ame of Contract: NNNNNNNNNNNNNN'ot Q:

To: The Employer/&rocurement AentAddress:

2entlemen:

0" In accordance with the Conditions of Contract, Technical $pecifications, %rawins, and !illof 3uantities and Addenda 4os"!insert Addenda Nos0$ for the e8ecution of the above5named

(or)s, we, the undersined, offer to construct and install such (or)s and remedy any defectstherein in conformity with the Conditions of Contract, Technical $pecifications, %rawins, !illof 3uantities, and Addenda for the sum of !insert amount in num%ers and Cords$ !ass9ecified in t#e A99endi< to Bid or suc# ot#er sums as ma( %e ascertained in accordance

Cit# t#e conditions$0

In case we are awarded another lot in addition to this lot, we will provide a discount of !insertamount of discount in num%ers and Cords$ to be applied as follows: !descri%e t#emet#odo)og( for a99)(ing t#e discount0$

" (e ac)nowlede that the Appendi8 to !id forms part of our !id"

" (e underta)e, if our !id is accepted, to obtain a performance security in accordance with the!iddin %ocuments and commence the (or)s as soon as is reasonably possible after the receiptof the EnineerBs notice to commence, and to complete the whole of the (or)s comprised in theContract within the time stated in the Appendi8 to !id"

D" (e aree to abide by this !id until the date specified in IT! Clause 0H !insert date$, and itshall remain bindin upon us and may be accepted at any time before that date"

F" nless and until a formal Contract is prepared and e8ecuted, this !id, toether with your

written acceptance thereof, shall constitute a bindin contract between us"

" (e understand that you are not bound to accept the lowest or any !id you may receive"

G" (e certify/confirm that we and any subcontractors and suppliers comply with there6uirements of IT! Clauses and D of the !iddin %ocuments"

H" Commissions or ratuities, if any, paid or to be paid by us to aents relatin to this !id, and toContract e8ecution if we are awarded the Contract, are listed below:


44/125

$ection I9" !iddin ;orms I95D

4ame and address of aent Amount andcurrency

&urpose of commission orratuity

*if none, state +none-

=" (e hereby certify that we have ta)en steps to ensure that no person actin for us or on ourbehalf will enae in bribery"

%ated this day of 1

$inature In the capacity of%uly authorized to sin !ids for and on behalf of

!in %)ock ca9ita)s or t(9ed$

Address:

(itness:Address:>ccupation:

D


45/125

$ection I9" !iddin ;orms I95 F

A99endi< to Bid

The Employer should insert relevant data prior to the issue of the !iddin %ocuments" !iddersshould fill in the remainin blan) spaces" !idders are re6uired to sin each pae of the

Appendi8 to !id" The Appendi8 to !id of the successful !idder shall become Anne8 ! to theConditions of &articular Application"

&onditions of &ontract Su%?&)ause

&arties and &ersons 0"0"" Employer is: JJJJJJJJJJJJJJJJJJJ"

0"0""D Enineer is: JJJJJJJJJJJJJJJJJJJ"

%ates, Tests, &eriods andCompletion

0"0"" Time for completion from the commencement dateis: JJJJJJJJJJJJJJJJJJJJJJJJJJJ"

(or)s and 2oods 0"0"F" $ections of the (or)s shall be as follows:JJJJJJJJJJJJJJJJJJJJJJJ"

Interpretation 0" &rofit shall be: [ #percent of the Cost"

Communications 0"*a- Areed systems of electronic transmission are:JJJJJJJJJJJJJJJJJJJJ"

0"*b- Address of the Employer is:

JJJJJJJJJJJJJJJJJJJJJJJJJ"

0"*b- Address of the Enineer is:JJJJJJJJJJJJJJJJJJJJJJJJJ"

0"*b- Address of the Contractor is:JJJJJJJJJJJJJJJJJJJJJJJJJ"

'aw and 'anuae 0"D 'aw in force overnin the Contract is that of:JJJJJJJJJJJJ"

0"D ulin lanuae of the Contract is: Enlish"

0"D 'anuae for communication is: Enlish"

iht of Access to the$ite

"0 Employer shall ive the Contractor access to the$ite: [ #D days after the Commencement %ate"

EnineerBs %uties andAuthority

"0*ii- EnineerBs authority to instruct a 9ariation islimited to: [ #Fpercent of the Contract &rice "

! The profit is generall" defined to be five #$% percent of the Cost.

&

'here a number of da"s is to be inserted( the number of da"s should be a multiple of seven #)% for consistenc"with the eneral Conditions of Contract.

$ *efore setting a limit on the +ngineer,s authorit"( consult the Procurement uidelines for the MC +ntit".

F


46/125


47/125

$ection I9" !iddin ;orms I95 G

Interim &ayment Certificates"

0D" Advance payment shall be recovered in full prior tothe time when [ #0percent of the Accepted ContractAmount has been certified for payment"

Application for Interim&ayment Certificates

0D"*c- Amount to be retained shall be: [ #0 percent ofInterim &ayment Certificates"

0D"*c- 'imit of retention money shall be: [ #0D percent ofthe Contract &rice"

&lant and Materialsintended for the (or)s

0D"F*b-*i-0D"F*c-*i-

$ee table of &lant and Materials below"

Issue of Interim &ayment

Certificates

0D" Minimum amount of an Interim &ayment

Certificates shall be: $% [ #, with no more thanone *0- submission per month"

%elayed &ayment 0D"H ;inancin chares shall be: ;or $ %ollars,'ondon Inter5ban) 'endin ate *'I!>- plus [ #

percent and for local currency, [ #"

Currencies of &ayment 0D"0F Currencies of payment shall be: $ %ollar and/or[insert currency of the country of the MCA Entity#,in the followin proportions


48/125

$ection I9" !iddin ;orms I95 H

1" %A! shall comprise: [ # members"

;ailure to Aree %isputeAd.udication !oard

1" Appointin entity shall be:JJJJJJJJJJJJJJJJJJJJJJJJJJJ"

Arbitration 1"*a-*i- International arbitration institution shall be:JJJJJJJJJJJJJJJJJJJJJJJJJJJ"

T#e items %e)oC are to %e fi))ed in %( t#e Bidder as 9art of its Bid; as indicated in t#e ITB

and BDS 1070

Ad.ustments for Chanes

in Cost

0"H In the $chedule o f Ad.ustment %ata immediately

below, the !idder shall *a- indicate the proposedsource and base values of indices for the differentinput elements and *b- derive their proposedweihtins" In the case of very lare and/or comple8wor)s contracts, it may be necessary to specifyseveral families of price ad.ustment formulaecorrespondin to the different wor)s involved"

Sc#edu)e of Adustment Data

Inde. code Inde.

descri)tion

Source of

inde.

Base 4alue

and date

Related source

currenc& in

t&)e9amount

qui4alent

in 5SD

Weig%ting

4onad.ustable K K K A: JJJJJSS

!:

C:

%:

E:

Total 0"11SS In all cases, the Employer shall specify the weihtin for the nonad.ustable portion"

H


49/125

$ection I9" !iddin ;orms I95 =

T#e items %e)oC are to %e fi))ed in %( t#e Bidder as 9art of its Bid0

&lant and Materialsintended for the (or)s

0D"F*b-*i-0D"F*c-*i-

In the table of &lant and Materials immediatelybelow, !idders shall indicate the ma.or items of

&lant and Materials and the proposed country oforiin for each"

Ta%)e of P)ant and "ateria)s

Item Country of >riin

;or payment when shipped:

&lant*list all ma.or items-Material*list all ma.or items-;or payment when delivered to $ite:

&lant *list all ma.or items-Material*list all ma.or items-

=


50/125

$ection I9" !iddin ;orms I95 D1

Form of Bid Securit( >Bank *uarantee@

88888888888888888888888!BankKs Name; and Address of Issuing Branc# or Office$

Beneficiar(: JJJJJJJJJJJJJJJJJJJ !Name and Address of 'm9)o(er$

Date: JJJJJJJJJJJJJJJJ

BID *-ARANT'' No0: JJJJJJJJJJJJJJJJJ

(e have been informed that !name of t#e Bidder$ *hereinafter called the !idder- hassubmitted to you its !id dated *hereinafter called the !id- for the e8ecution of !nameof contract$ under Invitation for !ids 4o" !IFB num%er$ *+the I;!-"

;urthermore, we understand that, accordin to your conditions, !ids must be supportedby a !id uarantee"

At the re6uest of the !idder, we !name of Bank$hereby irrevocably underta)e to payyou any sum or sums not e8ceedin in total an amount of !amount in figures$ *!amountin Cords$- upon receipt by us of your first demand in writin accompanied by a writtenstatement statin that the !idder is in breach of its obliation*s- under the !id conditions,

because the !idder:

*a- has withdrawn its !id durin the period of !id validity specified by the !idder inthe ;orm of !id7 or

*b- havin been notified of the acceptance of its !id by the Employer durin theperiod of !id validity, *i- fails or refuses to e8ecute the Contract, or *ii- fails orrefuses to furnish the performance security, in accordance with the Instructions to!idders and the Contract"

This uarantee will e8pire: *a- if the !idder is the successful !idder, upon our receipt ofcopies of the Contract sined by the !idder and the performance security issued to youupon the instruction of the !idder7 or *b- if the !idder is not the successful !idder, uponthe earlier of *i- our receipt of a copy of your notification to the !idder of the name of thesuccessful !idder7 or *ii- twenty5eiht *H- days after the e8piration of the !idderBs !id"

Conse6uently, any demand for payment under this uarantee must be received by us atthe office on or before that date"

This uarantee is sub.ect to the niform ules for %emand 2uarantees, ICC &ublication4o" DFH"

!Signature>s@$

D1


51/125

$ection I9" !iddin ;orms I95 D0

B0 Bidder 4ua)ification Forms

Bidder Information S#eet

Each !idder must fill in this form"

BidderKs )ega) name

In case of /V; )ega) name

of eac# 9artner

BidderKs countr( of

constitution

BidderKs (ear of

constitution

BidderKs )ega) address in

countr( of constitution

BidderKs aut#oried

re9resentati+e

*name, address, telephonenumbers, fa8 numbers, e5mail address-

Attac#ed are co9ies of t#e fo))oCing origina) documents0

0" In case of sinle entity, articles of incorporation or constitution of the leal entity named above, in

accordance with IT! D"0 and D""

" Authorization to represent the firm or L9 named in above, in accordance with IT! 1""

" In case of L9, letter of intent to form L9 or L9 areement, in accordance with IT! D"0"

D" In case of a overnment5owned entity, any additional documents not covered under 0 above re6uired to

comply with IT! D"D"

D0


52/125

$ection I9" !iddin ;orms I95 D

/V Information S#eet

Each member of a L9 or an association must fill in this form"

/V S9ecia)ist Su%contractor Information

BidderKs )ega) name

/V PartnerKs or

Su%contractorKs )ega)

name

/V PartnerKs or

Su%contractorKs countr(

of constitution

/V PartnerKs or

Su%contractorKs (ear of

constitution

/V PartnerKs or

Su%contractorKs )ega)

address in countr( ofconstitution

/V PartnerKs or

Su%contractorKs

aut#oried

re9resentati+e

information

>name; address;

te)e9#one num%ers; fa&As shall prevail over the 2eneral Conditions of Contract"

10 *enera) Pro+isionsSu%?&)ause 10101

The ContractAmend $ubpara" 0"0"0"0 *+Contract- by addin the followin atthe end:

+The words WAreementB and WContractB are used interchaneably"

Amend $ubpara" 0"0"0"H *+Tender- by addin the followin at theend:

+The word WtenderB is synonymous with W!id,B and the wordsW'etter of TenderB with W'etter of !idB, and the words WAppendi8 toTenderB with WAppendi8 to !id,B and the words Wtender documentsBwith W!iddin %ocuments"B

Su%?&)ause 10102

&arties and &ersonsAdd as $ubpara" 0"0""00 a defined term to read as follows:

+ WMCCB means the Millennium Challene Corporation, the nited$tates 2overnment Corporation with the same name, responsiblefor providin funds under the terms of the Compact to the2overnment"

Add as $ubpara" 0"0""0 a defined term to read as follows:

+ W[Insert abbreviation of the MCA Entity#B means [insert propername of the MCA Entity#, the entity created by the 2overnment toreceive and administer MCC ;undin"

Add as $ubpara" 0"0""0 a defined term to read as follows:

+ WCompactB means the Millennium Challene Compact between

0The Conditions of Particular pplication #AC;PsB% represent amendments and additions to the eneral Conditions

of Contract. The C;Ps which follow have been developed b" MCC for use b" MC +ntities using MCC unding tofund construction contracts. The following C;Ps are to be used in their entiret" as standard provisions of contractsfor construction of =arge 'or7s funded b" MCC and for which the MC +ntit" serves as the +mplo"er under thecontract. The addition b" a particular MC +ntit" of countr"-specific or pro>ect-specific conditions ma" be consideredb" MCC on a case b" case basis. The areas in which additional conditions are most li7el" to be re6uired are in theareas of special permissions to be obtained prior to commencement of construction( countr"-specific environmentalre6uirements( Compact-specific ta provisions( and countr"-specific arbitration arrangements. Dowever( the intent inpreparing these C;Ps was to anticipate all such re6uirements and to modif" the ?C eneral Conditions of

Contract to meet re6uirements of MCC and MC +ntities.

FH


69/125

$ection 9I" Conditions of &articular Application 9I5 F=

the 2overnment and the nited $tates of America, actin throuhMCC, e8ecuted on [insert date of Compact sinin# that sets forththe eneral terms and conditions on which MCC will providefundin of up to $X[insert dollar amount of Compact# to the2overnment for a Millennium Challene Account proram to

advance economic rowth and reduce poverty in [insert name ofMCA country#"

Add as $ubpara 0"0""0D a defined term to read as follows:

+ WMCC ;undinB means the fundin provided by MCC inaccordance with the terms of the Compact"

Add as $ubpara 0"0""0F a defined term to read as follows:

+ W2overnmentB means the 2overnment of [insert formal name of

the country#"

Su%?&)ause 10105

%ates, Tests, &eriods andCompletion

Amend $ub5&ara" 0"0"" by replacin +provisions of the &articularConditions with +$pecification"

Amend $ub5&ara" 0"0""G by insertin the followin after thereference to $ub5Clause 00"0:

+which e8tends over twelve months e8cept if otherwise stated inthe Appendi8 to !id"

Su%?&)ause 102

InterpretationAmend $ub5Clause 0" by addin the followin at the end:

+In these Conditions, provisions includin the e8pression Costplus profit re6uire this profit to be one5twentieth *FR- of this Costunless otherwise indicated in the Appendi8 to !id"

Su%?&)ause 107

&riority of %ocumentsAmend $ub5Clause 0"F by addin the followin at the end of item*d- the &articular Conditions:

+includin the provisions set out in Anne8 A: 2eneral &rovisions

of Compact *which provisions shall apply to $ubcontractors aswell as to the Contractor- and any other attachments to the&articular Conditions"

Su%?&)ause 1012

Confidential %etailseplace the te8t of $ub5Clause 0"0 with the followin:+The ContractorBs and the EmployerBs &ersonnel shall disclose allsuch confidential and other information as may be reasonablyre6uired in order to verify the ContractorBs compliance with theContract and allow its proper implementation7 provided that there6uirements of this $ub5Clause 0"0 shall not apply to authorized

representatives of MCC, the Inspector 2eneral, the "$"2overnment Accountin >ffice, or any auditor identified in the

F=


70/125

$ection 9I" Conditions of &articular Application 9I5 1

Compact"

+Each of the &arties shall treat the details of the Contract as privateand confidential, e8cept to the e8tent necessary to carry out theirrespective obliations under the Contract or to comply with

applicable 'aws" Each of them shall not publish or disclose anyparticulars of the (or)s prepared by the other &arty without theprevious areement of the other &arty" owever, the Contractorshall be permitted to disclose any publicly available information,or, with the prior consent of the Employer, information otherwisereasonably re6uired to establish its 6ualifications to compete forother pro.ects" If any dispute arises as to the necessity of any

publication or disclosure of the details of the Contract, the sameshall be referred to the Employer whose determination shall befinal" The Contractor shall ensure that the re6uirements imposedon the Contractor by this $ub5Clause apply e6ually to each

$ubcontractor"

Su%?&)ause 1015

Compliance with 'awsAmend $ub5Clause 0"0 by addin the followin at the end:

+unless the Contractor is impeded to accomplish these actions andshows evidence of its dilience"

20 The Employer

Su%?&)ause 20

EmployerBs ;inancialArranements

eplace $ub5Clause "D with the followin:

+In addition, if MCC has notified the Employer that it hassuspended disbursements under the Compact which finances thee8ecution of the (or)s, the Employer shall ive notice of suchsuspension to the Contractor with detailed particulars, includinthe date of such notification, with a copy to the Enineer, within Gdays of havin received the suspension notification from MCC" Ifalternative funds will be available in appropriate currencies to theEmployer to continue ma)in payments to the Contractor beyond adate 1 days after the date of MCC notification of the suspension,

the Employer shall provide reasonable evidence in such notice ofthe e8tent to which such funds will be available"

+;or the avoidance of doubt, in no event shall any MCC ;undinbe sub.ect to any type of co5financin, .oint financin or similararranement that would violate the terms of the Compact"

50 T#e 'ngineer

Su%?&)ause 501EnineerBs %utiesand Authority

Amend $ub5Clause "0 by replacin the word +may in the firstsentence of the third pararaph with the word +shall"

1


71/125

$ection 9I" Conditions of &articular Application 9I5 0

Amend $ubpara" *b- of $ub5Clause "0 by deletin the word +andat the end"

Amend $ubpara" *c- of $ub5Clause "0 by replacin the period atthe end with +7 and"

Amend $ub5Clause "0 by addin the followin at the end:

+*d- any act by the Enineer in response to a ContractorBs re6ueste8cept otherwise e8pressly specified shall be notified inwritin to the Contractor within H days of receipt"

+The followin provisions also shall apply:

+The Enineer shall obtain the specific approval of the Employerbefore ta)in action under the5followin $ub5Clauses of these

Conditions:

*i- $ub5Clause D"0 [5nforeseea'le P%&sical Conditions#:Areein to or determinin an e8tension of time and/oradditional cost"

*ii- $ub5Clause 0"0 [Rig%t to /ar: Instructin a 9ariation,e8cept if such a 9ariation would increase the AcceptedContract Amount by less than the percentae specified in theAppendi8 to !id"

*iii- $ub5Clause 0" [/ariation Procedure#: Approvin aproposal for 9ariation submitted by the Contractor inaccordance with $ub5Clause 0"0 [Rig%t to /ar or 0"[/alue ngineering#, e8cept if such a 9ariation wouldincrease the Accepted Contract Amount by less than the

percentae specified in the Appendi8 to !id"

*iv- $ub5Clause 0"D [Pa&ment in !))lica'le Currencies#:$pecifyin the amount payable in each of the applicablecurrencies"

+4otwithstandin the obliation, as set out above, to obtainapproval, if, in the opinion of the Enineer, an emerency occursaffectin the safety of life or of the (or)s or of ad.oinin property,he may, without relievin the Contractor of any of his duties andresponsibility under the Contract, instruct the Contractor to e8ecuteall such wor) or to do all such thins as may, in the opinion of theEnineer, be necessary to abate or reduce the ris)" The Contractorshall forthwith comply, despite the absence of approval of theEmployer, with any such instruction of the Enineer" (ithin Gdays of havin issued such emerency instructions, the Enineershall submit written documentation of such instructions to theEmployer" The Enineer shall determine an addition to theContract &rice, in respect of such instruction, in accordance with

0


72/125

$ection 9I" Conditions of &articular Application 9I5

Clause 0 [/ariations and !d(ustments# and shall notify theContractor accordinly, with a copy to the Employer"

0 T#e &ontractor

Su%?&)ause 01

ContractorBs 2eneral>bliations

Amend $ub5Clause D"0 by addin the followin at the end:

+All e6uipment, material and services to be incorporated in orre6uired for the (or)s shall have their oriin in any eliiblecountry as defined by MCC" MCC permits firms and individualsfrom all countries to offer oods, wor)s and services for MCCfunded pro.ects" As e8ceptions to the foreoin, individuals orfirms of a country or oods manufactured in a country may bee8cluded if:

*a- as a matter of 'aw, the 2overnment of #insert name of 0C!ntit& Countr&+ prohibits commercial relations with thatcountry, provided that MCC is satisfied that such e8clusion doesnot preclude effective competition for the supply of the oods orwor)s re6uired7 or

*b- by an Act of Compliance with a %ecision of the nited 4ations$ecurity Council ta)en under Chapter 9II of the Charter of thenited 4ations, #insert name of 0C! ntit& Countr&+ prohibitsany import of oods from that country or any payments to

persons or entities in that country7 or

*c- such person or entity has been blac)listed from participation inprocurements funded with (orld !an) assistance or debarred orsuspended from participation in procurements funded by thenited $tates 2overnment or otherwise prohibited by applicablenited $tates 'aw or E8ecutive >rder or nited $tates policies,includin under any then5e8istin anti5terrorist policies, thereby

bein e8cluded from procurements awarded under the Compact"

+The nited $tates prohibits commercial relations with Cuba, Iran,

4orth Oorea, $udan and $yria" Individuals, entities, oods andservices from certain other countries may also be e8cluded and theContractor should refer to

www"treas"ov/offices/enforcement/ofac/"

Su%?&)ause 02

&erformance $ecurityAmend $ub5Clause D" by addin the followin at the end:

+(ithout limitation to the other provisions of this $ub5Clause D",whenever the Enineer determines an addition to the Contract&rice as a result of a chane in cost and/or leislation or as a result

of a 9ariation amountin to more than F percent of the portion ofthe Contract &rice payable in a specific currency, the Contractor, at


73/125


the EnineerBs written re6uest, shall promptly increase the value ofthe &erformance $ecurity in the applicable currency by an e6ual

percentae"

+The performance security of a .oint venture shall be issued so as

to commit fully all partners to the proposed .oint venture" If the.oint venture has not been leally constituted at the time theperformance security is provided, the performance security shall bein the name of all future partners"

Su%?&)ause 05

ContractorBsepresentative

Amend $ub5Clause D" by addin the followin at the end:

+If the Enineer determines that the ContractorBs epresentative orany of these persons are not fluent in the said lanuae, theContractor shall ma)e competent interpreters available durin allwor)in hours in a number deemed sufficient by the Enineer"

Su%?&)ause 0

$ubcontractorsAmend $ub5Clause D"D by addin the followin at the end:

+The consent of the Enineer shall not be re6uired if thesubcontract is less than one percent *0R- of the Contract &rice witha ma8imum limit of $X011,111" If the cumulative value of allsubcontracts issued to un5approved subcontractors attains$XF1,111, each subse6uent use of a non5approved subcontractorshall re6uire the prior consent of the Enineer"

Amend $ubpara" *d- of $ub5Clause D"D by addin at the end beforethe period the followin:

+and each of the provisions set forth in Anne8 A: 2eneral&rovisions of Compact, attached to the Conditions of &articularApplication of the Contract"

Su%?&)ause 0

$afety &roceduresAmend $ub5Clause D"H by addin the followin at the end:

+The Contractor shall notify the Enineer and Employer within DHhours or as soon as reasonably possible after the occurrence of any

accident which has resulted in damae or loss of property,disability or loss of human life, or which has or which couldreasonably be foreseen to have a material impact on theenvironment and shall submit to the Enineer and Employer nolater than H days after the occurrence of such an event, a summaryreport thereof"

Su%?&)ause 01

&rotection of theEnvironment

Amend $ub5Clause D"0H by addin the followin at the end:

+The Contractor shall apply the recommendations of theEnvironmental Manaement &lan *WEM&B- contained in the

$pecifications in respect of safety, security and protection of theenvironment"


74/125

$ection 9I" Conditions of &articular Application 9I5 D

+The Contractor shall ensure that its activities under this Contractcomply with MCCBs Environmental 2uidelines *as such term isdefined in the Compact-, which are available athttp://www"mcc"ov, and are not Wli)ely to cause a sinificant

environmental, health, or safety hazardB as defined in suchEnvironmental 2uidelines, understandin that the Contractor is notresponsible for the environmental and social impacts of the (or)s,to the e8tent that such impacts result directly from completion ofthe (or)s as desined by the Employer"

+The Contractor shall re6uest written confirmation from theEmployer that actions re6uirin completion by the approvedesettlement Action &lan *WA&B- have been completed beforeconstruction is initiated on the (or)s or each $ection *as the casemay be-" The Contractor shall also immediately notify the

Enineer of any land ac6uisition or resettlement needs resultinfrom the desin or (or)s that have not been addressed by theA&" 4o wor) shall commence in any such newly identified areawithout the approval of the Enineer"

+The Contractor shall implement health and safety re6uirements ofthe approved EM&s and directives issued as a result of periodicinspections to be underta)en as part of the supervisory rolere6uired of the Enineer, to ensure compliance with there6uirements of the EM&s"

+The Contractor shall be responsible for ensurin that all$ubcontractorBs and ContractorBs &ersonnel understand and operatein accordance with the principles and re6uirements of theenvironmental and social impacts provisions of this $ub5Clauseand that similar standards apply to the $ubcontractorBsenvironmental and social impacts manaement systems andenvironmental and social impacts performance"

+The ContractorBs proram shall demonstrate clearly theprocedures and methods of wor)in that the Contractor and its

$ubcontractors will adopt to comply with the environmental andsocial impacts re6uirements of this $ub5Clause"

+The Contractor shall ensure the ade6uate disposal of constructionand e8cavation wastes"

+The Contractor shall restore the $ite to oriinal conditions or to astate as set out in the $pecifications after the completion of the(or)s"

Su%?&)ause 021

&roress eports

Amend $ub5Clause D"0 by addin the followin at the end:

+(ithin G days of the submission by the Contractor of each

D


75/125

$ection 9I" Conditions of &articular Application 9I5 F

monthly proress report, the Enineer and the Employer shall meetwith the Contractor to discuss the proress of the (or)s"

70 Nominated Su%contractors

Su%?&)ause 702

>b.ections to4omination

Amend $ub5Clause F" by addin the followin at the end:

+*iii- be paid only if and when the Contractor has receivedfrom the Employer payments for sums due under the$ubcontract referred to under $ub5Clause F"[Pa&ments to 6ominated Su'contractors#"

30 Staff and La%or

Su%?&)ause 308ealth and $afety

Amend $ub5Clause "G by addin the followin at the end:

+The Contractor shall conduct an I95AI%$ awareness proram inthe pro.ect areas as re6uired by the approved EM& via an approvedservice provider, and shall underta)e such other measures as arespecified in the Contract to reduce the ris) of the transfer of theI9 virus between and amon the ContractorBs &ersonnel and thelocal community, to promote early dianosis and to assist affectedindividuals"

Su%?&)ause 30

ContractorBs$uperintendence

Amend $ub5Clause "H by addin the followin at the end:

+If the Enineer determines that the ContractorBs &ersonnelprovidin superintendence have inade6uate )nowlede of suchlanuae, the Contractor shall ma)e competent interpretersavailable durin all wor)in hours in a number deemed sufficient

by the Enineer"

Su%?&)ause 3012

;orein &ersonnelAdd the followin $ub5Clause "0:

+The Contractor may brin in to the Country any forein personnel

who are necessary for the e8ecution of the (or)s to the e8tentallowed by the applicable 'aws" The Contractor shall ensure thatthese personnel are provided with the re6uired residence visas andwor) permits" The Employer will, if re6uested by the Contractor,use his best endeavors in a timely and e8peditious manner to assistthe Contractor in obtainin any local, state, national, orovernment permission re6uired for brinin in the ContractorBs

personnel"

+The Contractor shall be responsible for the return of thesepersonnel to the place where they were recruited or to their

domicile" In the event of the death in the Country of any of thesepersonnel or members of their families, the Contractor shall

F


76/125


similarly be responsible for ma)in the appropriate arranementsfor their return or burial"

Su%?&)ause 3015

&rohibition of armful

Child 'abor

Add the followin $ub5Clause "0:

+The Contractor shall not employ any child to perform any wor)that is economically e8ploitative, or is li)ely to be hazardous to, orto interfere with, the childYs education, or to be harmful to thechildYs health or physical, mental, spiritual, moral, or socialdevelopment"

Su%?&)ause 301

Employment ecords of(or)ers

Add the followin $ub5Clause "0D:

+The Contractor shall )eep complete and accurate records of theemployment of labor at the $ite" The records shall include thenames, aes, enders, hours wor)ed and waes paid to all wor)ers"

These records shall be summarized on a monthly basis andsubmitted to the Enineer, and these records shall be available forinspection by auditors durin normal wor)in hours" Theserecords shall be included in the details to be submitted by theContractor under $ub5Clause "01 [Records of Contractors

Personnel and qui)ment#"

80 P)ant; "ateria)s and Workmans#i9

Su%?&)ause 808

>wnership of &lant andMaterials

Amend $ub5Clause G"G by replacin $ubparas" *a- and *b- with thefollowin:

+*a- when it is incorporated in the (or)s7

*b- when the Contractor is paid the correspondin value of the&lant and Materials under $ub5Clause H"01 [Pa&ment forPlant and

0aterials in 4ent of Sus)ension#"

0 &ommencement; De)a(s and Sus9ension

Su%?&)ause 03

ate of &roressAmend $ub5Clause H" by insertin the followin at the end:

+Additional costs of revised methods, includin accelerationmeasures, instructed by the Enineer to reduce delays resultinfrom causes listed under $ub5Clause H"D [.tension of $ime forCom)letion# shall be paid by the Employer, without eneratin,however, any other additional payment benefit to the Contractor"

Su%?&)ause 012

esumption of (or)Amend $ub5Clause H"0 by insertin the followin at the end:

+after receivin from the Enineer an instruction to this effectunder Clause 0 [/ariations and !d(ustments#"


77/125

$ection 9I" Conditions of &articular Application 9I5 G

110 Defects Lia%i)it(

Su%?&)ause 1105

E8tension of %efects4otification &eriod

Amend $ub5Clause 00" by insertin the followin at the end of

the first sentence of the first pararaph:

+attributable to the Contractor"

120 "easurement and '+a)uation

Su%?&)ause 1201

(or)s to be MeasuredAmend $ub5Clause 0"0 by insertin the followin at the end ofthe first sentence of the first pararaph:

+The Contractor shall show in each application under $ub5Clauses

0D" [!))lication for Interim Pa&ment Certificates#, 0D"01[Statement at Com)letion#, and 0D"00 [!))lication for Final

Pa&ment Certificate# the 6uantities and other particulars detailinthe amounts to which he considers himself to be entitled under theContract"

Amend $ub5Clause 0"0 by insertin the followin at the end ofthe second sentence of the final pararaph:

Sbd Largeworks

Documents

Transcript of Sbd Largeworks