Professional Documents
Culture Documents
Weibridge 42 PDF
Weibridge 42 PDF
Weibridge 42 PDF
FOR
MAY, 2020
THE UNITED REPUBLIC OF TANZANIA
MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION
(WORKS)
0741-336360
FOR
Date: 26/05/2020
1. This Invitation for Tender follows the General Procurement Notice (GPN)
which appeared online through Tanzania National Electronic
Procurement System (www.tanepse.go.tz);
2. The Government of the United Republic of Tanzania has set aside funds
for the operation of the Ministry of Works, Transport and
Communication (Works) during the financial year 2019/2020. It is
intended that part of the proceeds of the fund will be used to cover
eligible payment under the contract for the Supply, Installation
Testing and Commissioning of Weighbridge CCTV Management
System at forty two (42) Weighbridge Stations.
7. All Tenderers must submit their bids online through Tanzania National
Electronic Procurement System (TANePS);
A. Introduction ............................................................................................................................. 1
1.Scope of Tender………………………………………………………... ............................. 1
2. Source of Funds ................................................................................................................... 1
3. Eligible Tenderders ............................................................................................................. 2
4. Eligible Plant, Equipment and Services ........................................................................... 4
5. One Tender per Tenderder ................................................................................................ 5
6. Cost of Tendering................................................................................................................ 5
7. Site Visit and Pre-Tender Meeting.................................................................................... 5
Or
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submitted the lowest evaluated Tender the
successful Tenderer shall register with the
appropriate statutory body and shall be required
to submit evidence of registration as an approved
Service Provider in Tanzania before signing the
Contract. Foreign firms shall be required to
submit confirmation of eligibility from Tanzania
statutory bodies at the time of submission.
3.7 A Tenderer shall not have a conflict of interest.
All Tenderers Tenderers found to have a conflict
of interest shall be disqualified. A Tenderer may
be considered to have a conflict of interest with
one or more parties in this Tendering process, if
they:
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g) Participated as a consultant in the
preparation of the design or technical
specifications of the supplies and related
installations that are the subject of the
Tender.
3.8 Firms and individuals may be ineligible if –
(a) such person is declared bankrupt or, in the
case of company or firm, insolvent;
(b) payments in favour of the person, company
or firm is suspended in accordance with the
judgment of a court of law other than a
judgment declaring bankruptcy and
resulting, in accordance with the national
laws, in the total or partial loss of the right to
administer and dispose of its property;
(c) legal proceedings are instituted against such
person, company or firm involving an order
suspending payments and which may result,
in accordance with the national laws, in a
declaration of bankruptcy or in any other
situation entailing the total or partial loss of
the right to administer and dispose of the
property;
(d) the person, company or firm is convicted, by
a final judgment, of any offence involving
professional conduct;
(e) the person or company is debarred and
blacklisted in accordance with section 62 of
the Act or ineligible in accordance with
section 84(7) of the Act, from participating in
public procurement for corrupt, coercive,
collusive, fraudulent or obstructive practices,
failure to abide with a Tender Securing
Declaration, breach of a procurement
contract, making false representation about
his qualifications during tender proceeding or
other grounds as may be deemed necessary
by the Authority company or firm is found
guilty of serious misrepresentation with
regard to information required for
participation in an invitation to tender or to
submit proposals.
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only if they are legally and financially
autonomous, if they operate under commercial
law, are registered by the relevant registration
boards or authorities and if they are not a
dependent agency of the Government.
3.10 Tenderers shall provide to the PE evidence of
their eligibility, proof of compliance with the
necessary legal, technical and financial
requirements and their capability and, adequacy
of resources to carry out the contract effectively.
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Equipment and Machinery related services the
Tenderer should fill the Country of origin
declarations in the price schedule including the
form of Tender.
5. One Tender 5.1 A firm shall submit only one Tender, in the same
per Tenderer Tendering process, either individually as a
Tenderer or as a partner in a joint venture.
5.2 No firm can be a subcontractor while submitting a
Tender individually or as a partner of a joint
venture in the same Tendering process.
5.3 A firm, if acting in the capacity of subcontractor in
any Tender, may participate in more than one
Tender but only in that capacity.
5.4 A Tenderer who submits or participates in more
than one Tender (other than as a subcontractor or
in cases of alternatives that have been permitted or
requested) will cause all the proposals in which the
Tenderer has participated to be disqualified
6. Cost of 6.1 The Tenderer shall bear all costs associated with
Tendering the preparation and submission of its Tender, and
the PE will in no case be responsible or liable for
those costs, regardless of the conduct or outcome
of the Tendering process, except in the
circumstances described in Section 97(5) (f) of the
Public Procurement Act No. 7 of 2011 as amended
in 2016.
7. Site Visit and 7.1 The Tenderer, at the Tenderer’s own responsibility
Pre Tender and risk, is advised to visit and examine the site on
Meeting which service(s) are to be provided and obtain for
itself all information that may be necessary for
preparing the tender and entering into a Contract
for supply and installing of the goods. The costs of
visiting the Site shall be at the Tenderer’s own
expense.
7.2 The PE may conduct a site visit and a pre-Tender
meeting whose purpose shall be to clarify issues
and to answer questions on any matter that may be
raised at that stage.
7.3 The Tenderer’s designated representative is
invited to attend site visit and a pre-Tender
meeting which, if convened, will take place at the
venue and timei stipulated in the TDS.
7.4 The Tenderer is requested as far as possible, to
submit any questions in writing, or by electronic
means to reach the PE before the pre-Tender
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meeting. It may not be practicable at the meeting
to answer all questions, but questions and
responses will be transmitted in accordance with
ITT 7.5.
7.5 Minutes of the pre-Tender meeting, including the
text of the questions raised and the responses
given together with any responses prepared after
the pre-Tender meeting will be transmitted within
the time stated in the TDS to all purchasers of the
Tendering documents. Any modification of the
Tendering documents listed in ITT 8.1 that may
become necessary as a result of the pre-Tender
meeting shall be made by the PE exclusively
through the issue of an Addendum pursuant to
ITT 10.2 and not through the minutes of the pre-
Tender meeting.
7.6 Non-attendance during site visit or pre-Tender
meeting will not be a cause for disqualification of a
Tenderer.
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Form of Completion Certificate
Form of Operational Acceptance Certificate
Section XII – Integrity
Undertaking by Tenderer on Anti –
Bribery/Code of Conduct and Compliance
Program
8.2 The number of copies to be completed and returned
with the Tender is specified in the TDS
8.3 The Invitation for Tenders (Section I) issued by the
PE is not part of the Tendering Documents. In case
of discrepancies between the Invitation for Tender
and the Tendering Documents listed in ITT 8.1
above, said Tendering Documents will take
precedence.
8.4 The PE is not responsible for the completeness of
the Tendering Documents and their addenda, if
they were not obtained directly from the
appropriate Tender Board.
8.5 The Tenderer is expected to examine all instructions,
forms, terms, specifications and other information in
the Tendering documents. Failure to furnish all
information required by the Tendering documents
or submission of a Tender not substantially
responsive to the Tendering documents in every
respect will be at the Tenderer’s risk and may result
in rejection of its Tender.
9. Clarification 9.1 A prospective Tenderer requiring any clarification
of Tendering of the Tendering Documents may notify the PE in in
Documents writing or in electronic forms that provide record of
the content of communication at the PE's address
indicated in the TDS prior to the deadline for the
submission of Tenders prescribed in ITT 23.1.
9.2 The PE will within three (3) working days after
receiving the request for clarification respond in
writing or in electronic forms that provide record of
the content of communication to any request for
clarification provided that such request is received
no later than the seven (7) working days prior to the
deadline for the submission of competitive Tenders
prescribed in ITT 23.1 and in the case of non-
competitive methods, three (3) days prior to the
deadline.
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deadline for submission of Tenders.
9.3 Copies of the PE's response will be forwarded to all
Purchasers of the Tendering documents, including
a description of the inquiry, but without identifying
its source.
9.4 Should the PE deem it necessary to amend the
Tendering documents as a result of a clarification, it
shall do so following the procedure under ITT 10.
10. Amendment 10.1 Before the deadline for submission of Tenders, the
of Tendering PE, for any reason, whether at its own initiative or
Documents in response to a clarification requested by a
prospective Tenderer, may modify the Tendering
documents by issuing addenda.
10.2 Any addendum thus issued shall be part of the
Tendering documents pursuant to ITT 8.1 and shall
be communicated in writing or in electronic forms
that provide record of the content of
communication to all who have obtained the
Tendering documents directly from the PE.
Prospective Tenderers shall acknowledge receipt of
each addendum by cable to the PE.
10.3 In order to allow prospective Tenderers reasonable
time in which to take an addendum into account in
preparing their Tenders, the PE, at its discretion,
may extend the deadline for the submission of
Tenders, pursuant to ITT 23.2.
C. Preparation of Tenders
11. Language of 11.1 The Tender prepared by the Tenderer, as well as all
Tender correspondence and documents relating to the Tender
exchanged by the Tenderer and the PE shall be written
in the language specified in the TDS. Supporting
documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant
passages in the language specified in the TDS, in which
case, for purposes of interpretation of the Tender, the
translation shall govern.
12. Documents 12.1 The Tender prepared by the Tenderer shall constitute
Constituting the following components:
the Tender
a) Form of Tender and a Price Schedule completed in
accordance with ITTs 15, 16, and 17;
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b) documentary evidence established in accordance
with ITT 14 that the Tenderer is eligible to Tender
and is qualified to perform the contract if its Tender
is accepted;
13. Documents 13.1 Pursuant to ITT 12, the Tenderer shall furnish, as part
Establishing of its Tender, documents establishing the eligibility and
Eligibility of conformity to the Tendering documents of all supplies
Supplies and and related installations which the Tenderer proposes
Related to supply under the contract.
Installations
and 13.2 The documentary evidence of the eligibility of the goods
Conformity to and related installation shall consist of a statement in the
Tendering Price Schedule of the country of origin of the goods and
Documents services offered which shall be confirmed by a certificate
of origin issued at the time of shipment.
13.3 The documentary evidence of conformity of the supplies
and related installations to the Tendering documents
may be in the form of literature, drawings, and data, and
shall consist of:
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b) an item-by-item commentary on the PE’s Technical
Specifications demonstrating substantial
responsiveness of the Goods and Services to those
specifications, or a statement of deviations and
exceptions to the provisions of the Technical
Specifications;
10
a) that, in the case of a Tenderer offering to supply
goods under the contract which the Tenderer did not
manufacture or otherwise produce, the Tenderer has
been duly authorized by the goods’ Manufacturer or
producer to supply the goods in the United Republic
of Tanzania;
e) Equipment capabilities.
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15. Form of 15.1 The Tenderer shall fill the Form of Tender furnished in
Tender the Tendering documents. The Form of Tender must be
completed without any alterations to its format and no
substitute shall be accepted.
16. Tender Prices 16.1 Unless otherwise specified in the Technical
Specifications, Tenderers shall quote for the entire
facilities on a “single responsibility” basis such that the
total Tender price covers all the Contractor’s obligations
mentioned in or to be reasonably inferred from the
Tendering documents in respect of the design,
manufacture, including procurement and subcontracting
(if any), delivery, construction, installation and
completion of the facilities. This includes all
requirements under the Contractor’s responsibilities for
testing, pre-commissioning and commissioning of the
facilities and, where so required by the Tendering
documents, the acquisition of all permits, approvals and
licenses, etc.; the operation, maintenance and training
services and such other items and services as may be
specified in the Tendering documents, all in accordance
with the requirements of the General Conditions of
Contract. Items against which no price is entered by the
Tenderer will not be paid for by the PE when executed
and shall be deemed to be covered by the prices for
other items.
16.2 Tenderers are required to quote the price for the
commercial, contractual and technical obligations
outlined in the Tendering documents. If a Tenderer
wishes to make a deviation, such deviation shall be
listed in Attachment 6 of its Tender. The Tenderer shall
also provide the additional price, if any, for withdrawal
of the deviations.
16.3 Tenderers shall give a breakdown of the prices in the
manner and detail called for in the Price Schedules.
Where no Price Schedules are included in the Tendering
documents, Tenderers shall present their prices in the
following manner:
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Parts) Supplied from within the United
Republic of Tanzania
Schedule No. 3 Local Transportation
Schedule No. 4 Installation Services
Schedule No. 5 Grand Summary (Schedule Nos. 1 to 4)
Schedule No. 6 Recommended Spare Parts
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then the transport cost from the named place of
destination to project site for Schedule No.1 shall
be also included here.]
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material indexes in the said corresponding
Appendix.
17. Tender 17.1 The unit rates and prices shall be quoted by the Tenderer
Currencies entirely in Tanzania shillings or in foreign currencies or
both as indicated in the TDS.
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the Tenderers to extend the period of validity for a
specified additional period. The request and the
Tenderers' responses shall be made in writing or in
electronic forms that provide record of the content of
communication. A Tenderer may refuse the request
without forfeiting its Tender security or causing to be
executed its Tender securing declaration. A Tenderer
agreeing to the request will not be required or permitted
to otherwise modify the Tender, but will be required to
extend the validity of its Tender security or Tender
Securing declaration for the period of the extension, and
in compliance with ITT 19 in all respects.
18.3 In the case of fixed price contracts, if the award is
delayed by a period exceeding sixty (60) days beyond
the expiry of the initial Tender validity period, the
contract price may be adjusted by a factor specified in
the request for extension. The Tender evaluation shall be
based on the Tender price without taking into
consideration on the above correction.
19. Tender Security 19.1 Pursuant to ITT 12, unless otherwise specified in the
or Tender TDS, the Tenderer shall furnish as part of its Tender, a
Securing Tender Security in original form and in the amount and
Declaration currency specified in the TDS or Tender Securing
Declaration as specified in the format provided in the
Section VIII.
19.2 The Tender security or Tender securing declaration is
required to protect the PE against the risk of Tenderers
conduct which would warrant the security’s forfeiture,
pursuant to ITT 19.9.
19.3 The Tender security shall be denominated in the
currency of the Tender or in another freely convertible
currency, and shall be in one of the following forms:
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b) a cashier’s or certified check.
a) if a Tenderer
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b) in the case of a successful Tenderer, if the Tenderer
fails:
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Schedule of Requirements, in terms of technical
performance, price, operating costs or any other
benefit.
20.3 A Tenderer may submit both a main Tender which
conforms precisely to the Schedule of Requirements and
an alternative Tender.
20.4 Where a Tenderer submits more than one Tender, each
Tender shall be submitted as a completely separate
Tender and shall conform to the instructions for
preparation and submission of Tenders in its own right,
without any reliance on any other Tender. In particular,
each Tender shall be separately signed, authorized,
sealed, labeled and submitted in accordance with the
instructions for submission of Tenders and shall be
accompanied by a separate Security, if so required. Such
Tenders shall be labeled “Main Tender” and
“Alternative Tender”.
20.5 The evaluation of alternative Tenders shall use the same
methodology, criteria and weights as the evaluation of
main Tenders, except that the detailed technical
evaluation shall take into account only the objectives
and/or performance requirements prescribed in the
Schedule of Requirements.
21. Format and 21.1 The Tenderer shall prepare an original and the number
Signing of of copies of the Tender indicated in the TDS, clearly
Tender marking each “ORIGINAL” and “COPY,” as
appropriate. In the event of any discrepancy between
them, the original shall prevail.
21.2 The original and the copy or copies of the Tender shall
be typed or written in indelible ink and shall be signed
by the Tenderer or a person or persons duly authorized
to sign on behalf of the Tenderer. This authorization
shall consist of a written confirmation as specified in the
TDS and shall be attached to the Tender. The name and
position held by each person signing the authorization
must be typed or printed below the signature. All pages
of the Tender, except for un-amended printed literature,
shall be initialed by the person or persons signing the
Tender.
21.3 Any interlineations, erasures, or overwriting shall be
valid only if they are signed or initialed by the person or
persons signing the Tender.
21.4 The Tenderer shall furnish information as described in
the Form of Tender on commissions or gratuities, if any,
paid or to be paid to agents relating to this Tender and
to contract execution if the Tenderer is awarded the
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contract
D. Submission of Tenders
22 Sealing and 22.1 The Tenderer shall seal the original and each
Marking of copy of the Tender in separate envelopes, duly
Tenders marking the envelopes as “ORIGINAL” and
“COPY.” The envelopes shall then be sealed in
an outer envelope securely sealed in such a
manner that opening and resealing cannot be
achieved undetected.
22.2 The inner and outer envelopes shall:
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and Tenderers previously subject to the deadline
will thereafter be subject to the new deadline.
23.3 The extension of the deadline for submission of
Tenders shall not be made later than the period
specified in the TDS before the expiry of the
original deadline.
24. Late Tenders 24.1 The PE shall not consider for evaluation any
Tender that arrives after the deadline for
submission of Tenders, in accordance with ITT 23.
24.2 Any Tender received by the PE after the deadline
for submission of Tenders shall be declared late,
rejected and returned unopened to the Tenderer.
21
during this interval shall result in the Tenderers
forfeiture of its Tender Security or execution of
the Tendering Securing Declaration, pursuant to
the ITT 19.9
22
offered by a Tenderer which is not read out at
Tender opening shall not be considered further.
26.5 Tenderers are advised to send in a representative
with the knowledge of the content of the Tender
who shall verify the information read out from the
submitted documents. Failure to send a
representative or to point out any un-read
information by the sent Tenderers representative
shall indemnify the PE against any claim or
failure to read out the correct information
contained in the Tenderers Tender.
26.6 No Tender will be rejected at Tender opening
except for late Tenders which will be returned
unopened to the Tenderer, pursuant to ITT 24.
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matter related to the Tendering process, it should
do so in writing or in electronic forms that
provides record of the content of communication.
24
b) limits in any substantial way, inconsistent
with the Tendering documents, the PE's
rights or the Tenderers obligations under
the Contract; or
25
f) failure to comply with minimum
experience criteria as specified in the
tendering documents;
j) subcontracting in a substantially
different amount or manner than that
permitted;
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the basic functions for which it is
intended;
30. Technical 30.1 The PE will carry out a detailed evaluation of the
Evaluation Tenders previously determined to be substantially
responsive in order to determine whether the
technical aspects are in accordance with the
requirements set forth in the Tendering
documents. In order to reach such a
determination, the Employer will examine and
compare the technical aspects of the Tenders on
the basis of the information supplied by the
Tenderers, taking into account the following
factors:
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into consideration.
30.2 Where alternative technical solutions have been
permitted and offered in Attachment 7 to the
Tender, the PE will make a similar evaluation of
the alternatives, which will be treated in the
technical and commercial evaluations as if they
were base Tenders. Where alternatives are not
permitted, but have in any event been offered,
they shall be ignored.
31. Correction of 31.1 Tenders determined to be substantially responsive
Errors will be checked for any arithmetic errors. Errors
will be corrected by the Employer as follows:-
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(a) in Tanzanian shillings at the selling
exchange rate established for similar
transactions by the Bank of Tanzania or
a commercial bank in the United
Republic of Tanzania
or
29
(a) the cost of all quantifiable deviations
and omissions from the contractual and
commercial conditions and the Technical
Specifications as identified in
Attachment 6 to the Tender, and other
deviations and omissions not so
identified
30
fair comparison of Tenders.
31
be added to the Tender price for
evaluation.
32
the duration of the contract. Such costs
shall be added to the Tender price for
evaluation.
33
manufactured, grown, mined or extracted
within the United Republic of Tanzania, for
which:
(i) labor, raw materials, and components from
the United Republic of Tanzania account for
more than thirty (30) percent of the EXW
price of the goods offered; and
(ii) the production facility in which they will be
manufactured, assembled or processed has
been engaged in manufacturing, assembling
or processing such goods at least since the
time of Tender submission.
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34.8 If the Group A Tender in the further
comparison is the lowest, it will be selected
for award. If not, the lowest evaluated
Tender from Group C, as determined from
the comparison under ITT 34.7 above, will be
selected for award.
35 Determination 35.1 The Tender with lowest evaluated price from
of Lowest amongst those which are eligible, complaint and
Evaluated substantially responsive shall be the lowest
Tender evaluated Tender.
36. Post- 36.1 If pre-qualification was not undertaken, post-
qualification of qualification shall be performed as indicated in
Tenderer the TDS.
35
(d) The Accounting Officer (PE) shall seek the
approval of the Authority prior to rejecting
a tender;
F. Award of Contract
36
37. Criteria of 37.1 Subject to ITT 36 and 38, the PE will award the
Award Contract to the Tenderer whose Tender has been
determined to be substantially responsive to the
Tendering documents and who has offered the
lowest Evaluated Tender Price, provided that
such Tenderer has been determined to be
(a) eligible in accordance with the provisions of
ITT 3, and
(b) is determined to be qualified to perform the
Contract satisfactorily
(c) Successful negotiations have been concluded, if
any.
37.2 If, pursuant to ITT 14.4, this Contract is being let
on a slice and package” basis, the lowest
evaluated Tender price will be determined when
evaluating this Contract in conjunction with other
Contracts to be awarded concurrently, taking into
account any discounts offered by the Tenderers
for award of more than one Contract.
38 Negotiations 38.1 Negotiations may be undertaken with the lowest
evaluated Tender relating to the following areas:
1. a minor alteration to the technical details
of the statement of requirements;
2. reduction of quantities for budgetary
reasons, where the reduction is in excess
of any provided for in the solicitation
documents;
3. a minor amendment to the special
conditions of Contract;
4. finalizing payment arrangements;
5. delivering arrangements;
6. the methodology or
7. Clarifying details that were not apparent
or could not be finalized at the time of
Tendering.
8. reduction of price
38.2 Where negotiation fails to result into an
agreement, the PE may invite the next ranked
Tenderer for negotiations. Where negotiations are
commenced with the next ranked Tenderer, the
PE shall not reopen earlier negotiations.
39. Procuring 39.1 Notwithstanding ITT 37, the PE reserves the right
37
Entities’ Right to accept or reject any Tender, and to annul the
to Accept Any Tendering process and reject all Tenders at any
Tender and to time prior to contract award, without thereby
Reject Any or incurring any liability to the affected Tenderer or
All Tenders Tenderers.
39.2 Notice of the rejection of all Tenders shall be given
promptly to all Contractors that have submitted
Tenders.
39.3 The PE shall upon request communicate to any
Tenderer the grounds for its rejection of its
Tenders, but is not required to justify those
grounds.
40. Procuring 40.1 The PE reserves the right at the time of Contract
Entities’ Right award to increase or decrease by the percentage
to Vary indicated in the TDS, the quantity of goods and
Quantities at services beyond that originally specified in the
the Time of Schedule of Requirements without any change in
Award unit price or other terms and conditions.
41. Notification of 41.1 Prior to awarding of the contract, the PE shall
Award issue a notice of intention to award the contract to
all tenderers who participated in the tender in
question giving them seven (7) working days
within which to submit complaints to the PE
thereof, if any.
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will promptly notify each unsuccessful Tenderer,
the name of the successful Tenderer and the
contract amount and discharge the Tender
security or Tender declaration of the Tenderers
pursuant to ITT 19.7.
41.5 If, after notification of award, a Tenderer wishes
to ascertain the grounds on which it’s Tender was
not selected, it should address its request to the
Secretary of the appropriate Tender board that
authorized the award of Contract. The Secretary
of appropriate Tender Board will promptly
respond in writing or in electronic forms that
provide record of the content of communication to
the unsuccessful Tenderer.
42. Signing the 42.1 Promptly after notification of award, Procuring
Contract Entity shall send the successful Tenderer the draft
Agreement, incorporating all terms and
conditions as agreed by the parties to the contract.
42.2 Within fourteen (14) working days after
fulfillment of all conditions precedent, the
successful Tenderer and the PE shall sign the
Contract.
43. Performance 43.1 Within fourteen (14) working days after receipt of
Security the Letter of Acceptance, the successful Tenderer
shall deliver to the PE a Performance Security in
the amount and in the form stipulated in the TDS
and the SCC, denominated in the type and
proportions of currencies in the Letter of
Acceptance and in accordance with the
Conditions of Contract.
43.2 If the Performance Security is provided by the
successful Tenderer, it shall be in any of the
following forms:
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authenticated by a reputable local bank;
(c) bank guarantee confirmed by a reputable
local bank or, in the case of a successful
foreign tenderer, bonded by a foreign bank;
or
(d) surety bond callable upon demand issued by
any reputable surety or insurance company.
40
a) defines, for the purpose of this provision,
the terms set forth below as follows:-
41
c) In pursuit of the policy defined in ITT 46.1
the Government will cancel the portion of
the funds allocated to a contract for goods,
works, or services if it at any time
determines that corrupt, coercive, collusive,
fraudulent or obstructive practices were
engaged in by representatives of the PE or
approving authority or of a beneficiary of
the funds furring the procurement or the
execution of that contract, without the PE or
approving authority having taken timely
and appropriate action satisfactory to the
Government of the united Republic of
Tanzania to remedy the situation
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48. Time Limit on 48.1 The Tenderer shall submit an application for
Review review within seven (7) working days of him
becoming or should have become aware of the
circumstances giving rise to the complaint or
dispute.
49. Submission of 49.1 Any application for administrative review shall be
Application for submitted in writing or in electronic forms that
Review provide record of the content of communication to
the Accounting Officer of a PE and a copy shall be
served to the Public Procurement Regulatory
Authority (PPRA) at the address shown in the
TDS in writing or in electronic forms that provide
record of the content of communication Tender
49.2 The application for administrative review shall
include:
(a) details of the procurement or disposal
requirements to which the complaint relates;
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50.2 Where the head of the PE does not issue a
decision within the time specified in ITT 50.1, the
supplier, or asset buyer submitting the complaint
or dispute or the PE shall be entitled immediately
thereafter to institute proceedings under ITT 51.1
and upon instituting such proceedings, the
competence of the head of PE to entertain the
complaint or dispute shall cease.
51 Review by the 51.1 Complaints or disputes which-
Public
Procurement a) are not settled within the specified period
Appeals under ITT 50.1 [above];
Authority
b) are not amicably settled by the accounting
officer;
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SECTION III: TENDER DATA SHEET
Tender Data Sheet
The following tender-specific data for the plant and equipment to be procured
shall amend and/or supplement the provisions in the Instructions to Tenderers
(ITT). Whenever there is a conflict, the provisions herein shall prevail over those
in the ITT.
A: INTRODUCTION
45
BDS Clause ITB Amendments of, and Supplements to, Clauses in
Clause the Instruction to Tenderers
[required or not required] N/A
5. 7.3 Place: Ministry of Works, Transport and
Communication (Works), P. O. BOX 2888, DODOMA.
9.2
Period to respond to request for clarification [insert
numbers] days.
C: PREPARATION OF TENDERS
13. 17.1 (b) [If the Tenderer is permitted to use foreign currencies for
pricing and payment for goods from within the United
Republic of Tanzania, state the following:]
17.1 (c) [If the Tenderer is permitted to use foreign currencies for
pricing and payment of the services referred to in ITB
16.1 (c), state the following:]
14. 18.1 The tender validity period shall be: Ninety (90)
days.
BDS Clause ITB Amendments of, and Supplements to, Clauses in
Clause the Instruction to Tenderers
15. 19.1 Amount of tender security is: [10% of the total cost]
D: SUBMISSION OF TENDERS
18. 22.2 (a) The PE's address for the purpose of tender
submission is: The bids to be submitted online
through Tanzania National Electronic
Procurement System (TANePS).
or
F: CONTRACT AWARD
30. 49.1
The address to submit copies of complaints:
31. 51.2
The address for Appeal to PPAA:
C. Payment .................................................................................................................................. 16
11. Contract Price .................................................................................................................. 16
12. Terms of Payment ........................................................................................................... 16
13. Securities .......................................................................................................................... 17
14. Taxes and Duties ............................................................................................................. 18
4
(3) General Conditions of Contract,
(4) Letter of Acceptance,
(5) Certificate of Contract Commencement
(6) Specifications,
(7) Drawings,
(8) Bill of Quantities,
(9) Contractor's Tender, and
Any other document listed in the Special Conditions
of Contract as forming part of the Contract.
2.4 Persons
Words importing persons or parties shall include
firms, corporations and government entities.
2.5 Incoterms
Unless inconsistent with any provision of the
Contract, the meaning of any trade term and the
rights and obligations of parties there under shall be
as prescribed by Incoterms.
2.7 Amendment
No amendment or other variation of the Contract
shall be effective unless it is in writing, is dated,
5
expressly refers to the Contract, and is signed by a
duly authorized representative of each party hereto.
2.10 Non-Waiver
2.10.1 Subject to GCC 2.10.2 below, no relaxation,
forbearance, delay or indulgence by either
party in enforcing any of the terms and
conditions of the Contract or the granting of
time by either party to the other shall
prejudice, affect or restrict the rights of that
6
party under the Contract, nor shall any waiver
by either party of any breach of Contract
operate as waiver of any subsequent or
continuing breach of Contract.
2.11 Severability
If any provision or condition of the Contract is
prohibited or rendered invalid or unenforceable,
such prohibition, invalidity or unenforceability shall
not affect the validity or enforceability of any other
provisions and conditions of the Contract.
3.Conditions 3.1 Having signed the Contract, it shall come into effect
Precedent on the date on which the following conditions have
been satisfied:-
5. Language and 5.1 The language of the Contract and the law governing
Law the Contract are stated in the SCC.
7. Fe
Fees and Cost of 7.1 The rate of the Adjudicator’s fee and administrative
Adjudicators costs of adjudication shall be borne equally by the
Parties. The rates and costs shall be in accordance
with the rules of the Appointing Authority. In
conducting adjudication to its finality each party shall
bear its incurred costs and expenses.
10
attaining Completion of the Facilities as if such work
and/or items and materials were expressly
mentioned in the Contract.
10 Time for 8.1 The Contractor shall commence work on the Facilities
. Commencement within the period specified in the SCC and without
and Completion prejudice to GCC 26.2 hereof, the Contractor shall
thereafter proceed with the Facilities in accordance
with the time schedule specified in the corresponding
Appendix (Time Schedule) to the Agreement.
8.2 The Contractor shall attain Completion of the
Facilities (or of a part where a separate time for
Completion of such part is specified in the Contract)
within the time stated in the SCC or within such
extended time to which the Contractor shall be
entitled under GCC 40 hereof.
11 Contractor’s 9.1 The Contractor shall design, manufacture (including
. Responsibilities associated purchases and/or subcontracting), install
and complete the Facilities with due care and
diligence in accordance with the Contract.
9.2 The Contractor confirms that it has entered into this
Contract on the basis of a proper examination of the
data relating to the Facilities (including any data as to
boring tests) provided by the Employer, and on the
basis of information that the Contractor could have
obtained from a visual inspection of the Site (if access
thereto was available) and of other data readily
11
available to it relating to the Facilities as of the date
twenty-eight (28) days prior to tender submission.
The Contractor acknowledges that any failure to
acquaint itself with all such data and information
shall not relieve its responsibility for properly
estimating the difficulty or cost of successfully
performing the Facilities.
9.3 The Contractor shall acquire in its name all permits,
approvals and/or licenses from all local, state or
national government authorities or public service
undertakings in the United Republic of Tanzania
where the Site is located that are necessary for the
performance of the Contract, including, without
limitation, visas for the Contractor’s and
Subcontractor’s personnel and entry permits for all
imported Contractor’s Equipment. The Contractor
shall acquire all other permits, approvals and/or
licenses that are not the responsibility of the
Employer under GCC 10.3 hereof and that are
necessary for the performance of the Contract.
9.4 The Contractor shall comply with all laws in force in
the United Republic of Tanzania and local by laws
where the Facilities are installed and where the
Installation Services are carried out. The laws will
include all local, state, national or other laws that
affect the performance of the Contract and bind upon
the Contractor. The Contractor shall indemnify and
hold harmless the Employer from and against any
and all liabilities, damages, claims, fines, penalties
and expenses of whatever nature arising or resulting
from the violation of such laws by the Contractor or
its personnel, including the Subcontractors and their
personnel, but without prejudice to GCC 10.1 hereof.
9.5 Any Plant, Material and Services that will be
incorporated in or be required for the Facilities and
other supplies shall have their origin as specified
under GCC 1 (Country of Origin).
9.6 The Contractor shall permit the PE to inspect the
Contractor’s accounts and records relating to the
performance of the Contractor and to have them
audited by auditors appointed by the PE, if so
required by the PE
12
12. Employer’s 10.1 The Employer shall ensure the accuracy of all
Responsibilities information and/or data to be supplied by the
Employer as described in the corresponding
Appendix (Scope of Works and Supply by the
Employer) to the Contract, except when otherwise
expressly stated in the Contract.
10.2 The Employer shall be responsible for acquiring and
providing legal and physical possession of the Site
and access thereto, and for providing possession of
and access to all other areas reasonably required for
the proper execution of the Contract, including all
requisite rights of way, as specified in the
corresponding Appendix (Scope of Works and
Supply by the Employer) to the Agreement. The
Employer shall give full possession of an accord all
rights of access thereto on or before the date(s)
specified in that Appendix.
10.3 The Employer shall acquire and pay for all permits,
approvals and/or licenses from all local, state or
national government authorities or public service
undertakings in the United Republic of Tanzania.
Such authorities or undertakings require the
Employer to obtain them in the Employer’s name, are
necessary for the execution of the Contract (they
include those required for the performance by both
the Contractor and the Employer of their respective
obligations under the Contract), and are specified in
the corresponding Appendix (Scope of Works and
Supply by the Employer) to the Agreement.
13
upon by the Employer and the Contractor, the
Employer shall provide sufficient, properly qualified
operating and maintenance personnel; shall supply
and make available all raw materials, utilities,
lubricants, chemicals, catalysts, other materials and
facilities; and shall perform all work and services of
whatsoever nature, including those required by the
Contractor to properly carry out Pre-commissioning,
Commissioning and Guarantee Tests, all in
accordance with the provisions of the corresponding
Appendix (Scope of Works and Supply by the
Employer) to the Agreement at or before the time
specified in the programme furnished by the
Contractor under GCC 18.2 hereof and in the manner
thereupon specified or as otherwise agreed upon by
the Employer and the Contractor.
C. Payment
14
Contractor shall be deemed to have satisfied itself as
to the correctness and sufficiency of the Contract
Price, which shall, except as otherwise provided for
in the Contract, cover all its obligations under the
Contract.
14 Terms of 12.1 The Contract Price shall be paid as specified in the
. Payment corresponding Appendix (Terms and Procedures of
Payment) to the Agreement. The procedures to be
followed in making application for and processing
payments shall be those outlined in the same
Appendix.
12.2 No payment made by the Employer herein shall be
deemed to constitute acceptance by the Employer of
the Facilities or any part(s) thereof.
12.3 In the event that the Employer fails to make any
payment by its respective due date or within the
period set forth in the Contract, the Employer shall
pay to the Contractor interest on the amount of such
delayed payment at the rate(s) shown in the
corresponding Appendix (Terms and Procedures of
Payment) to the Agreement for the period of delay
until payment has been made in full, whether before
or after judgment or arbitrage award.
15
working days of the notification of contract
award, provide a security in an amount equal
to the advance payment calculated in
accordance with the corresponding Appendix
(Terms and Procedures of Payment) to the
Agreement, and in the same currency or
currencies.
16
than ten percent of the Initial Contract Price.
17
Republic of Tanzania on the Goods specified in Price
Schedule No. 1 and that are to be incorporated into
the Facilities.
14.3 If any tax exemptions, reductions, allowances or
privileges may be available to the Contractor in the
United Republic of Tanzania, the Employer shall use
its best endeavors to enable the Contractor to benefit
from any such tax savings to the maximum
allowable extent.
14.4 For the purpose of the Contract, it is agreed that the
Contract Price specified in Article 2 (Contract Price
and Terms of Payment) of the Form of Agreement is
based on the taxes, duties, levies and charges
prevailing at the date twenty-eight (28) days prior to
the date of tender submission in the United Republic
of Tanzania (hereinafter called “Tax” in this GCC
14.4). If any rates of Tax are increased or decreased,
a new Tax is introduced, an existing Tax is
abolished, or any change in interpretation or
application of any Tax occurs in the course of the
performance of Contract, which was or will be
assessed on the Contractor, Subcontractors or their
employees in connection with performance of the
Contract, an equitable adjustment of the Contract
Price shall be made to fully take into account any
such change by addition to the Contract Price or
deduction there from, as the case may be, in
accordance with GCC 36 hereof.
D. Intellectual Property
15 Patent and 15.1 The Supplier shall indemnify the PE against all
. Copyright third-party claims of infringement of patent,
trademark, or industrial design rights arising from
use of the Goods or any part thereof in the United
Republic of Tanzania.
18
through the Contractor by any third party,
including suppliers of materials, the copyright in
such materials shall remain vested in such third
party.
19
not previously obtained, directly or indirectly,
from the other party hereto
(c) Otherwise lawfully becomes available to that
party from a third party that has no obligation
of confidentiality.
16.4 The above provisions of this GCC 16 shall not in
any way modify any undertaking of
confidentiality given by either of the parties hereto
prior to the date of the Contract in respect of the
Facilities or any part thereof.
16.5 The provisions of this GCC 16 shall survive
termination, for whatever reason, of the Contract.
20
17.2 Contractor’s Representative & Project Manager
21
pursuant to the procedure set out in GCC 17.2.1.
23
accordance with the Contract. The programme so
submitted by the Contractor shall accord with the
Time Schedule included in the corresponding
Appendix (Time Schedule) to the Agreement and
any other dates and periods specified in the
Contract. The Contractor shall update and revise
the programme as and when appropriate or when
required by the Project Manager, but without
modification in the Times for Completion given in
the SCC and any extension granted in accordance
with GCC 40, and shall submit all such revisions to
the Project Manager.
24
18.5 Work Procedures
The Contract shall be executed in accordance with
the Contract Documents and the procedures given
in the section on Sample Forms and Procedures of
the Contract Documents.
25
. Engineering
20.1.1 The Contractor shall execute the basic and
detailed design and the engineering work in
compliance with the provisions of the
Contract, or where not so specified, in
accordance with good engineering practice.
26
20.3.1 The Contractor shall prepare (or cause its
Subcontractors to prepare) and furnish to
the Project Manager the documents listed in
the corresponding Appendix (List of
Documents for Approval or Review) to the
Agreement for its approval or review as
specified and in accordance with the
requirements of GCC 18.2 (Programme of
Performance).
27
20.3.4 If the Project Manager disapproves the
document, the Contractor shall modify the
document and resubmit it for the Project
Manager’s approval in accordance with
GCC 20.3.2. If the Project Manager approves
the document subject to modification(s), the
Contractor shall make the required
modification(s), whereupon the document
shall be deemed to have been approved.
21.3 Transportation
21.3.1 The Contractor shall at its own risk and
expense transport all the Goods and the
Contractor’s Equipment to the Site by the
mode of transport that the Contractor judges
most suitable under all the circumstances.
30
Contractor shall notify the Employer by
telex, cable, facsimile or Electronic Data
Interchange (EDI) of the description of the
Goods and of the Contractor’s Equipment,
the point and means of dispatch, and the
estimated time and point of arrival in the
United Republic of Tanzania, if applicable,
and at the Site. The Contractor shall furnish
the Employer with relevant shipping
documents to be agreed upon between the
parties.
31
22 Installation 22.1 Setting Out/Supervision/Labour
. 22.1.1 Bench Mark: The Contractor shall be
responsible for the true and proper setting-
out of the Facilities in relation to bench
marks, reference marks and lines provided
to it in writing by or on behalf of the
Employer.
22.1.3 Labour:
33
(f) The Contractor shall, in all dealings with
its labour and the labour of its
Subcontractors currently employed on or
connected with the Contract, pay due
regard to all recognized festivals, official
holidays, religious or other customs and
all local laws and regulations pertaining
to the employment of labour.
34
Site and shall comply therewith. The Contractor
shall prepare and submit to the Employer, with a
copy to the Project Manager, proposed Site
regulations for the Employer’s approval, which
approval shall not be unreasonably withheld.
36
course of carrying out the Contract, the
Contractor shall keep the Site reasonably
free from all unnecessary obstruction, store
or remove any surplus materials, clear away
any wreckage, rubbish or temporary works
from the Site, and remove any Contractor’s
Equipment no longer required for execution
of the Contract.
37
public holidays so as to meet the Time for
Completion and requests the Employer’s
consent thereto, the Employer shall not
unreasonably withhold such consent.
23 Test and 23.1 The Contractor shall at its own expense carry out
. Inspection at the place of manufacture and/or on the Site all
such tests and/or inspections of the Goods and
any part of the Facilities as are specified in the
Contract.
38
provide the Project Manager with a certified report
of the results thereof.
39
a test and/or inspection of Goods or any part of
the Facilities, nor the attendance by the Employer
or the Project Manager, nor the issue of any test
certificate pursuant to GCC 23.4, shall release the
Contractor from any other responsibilities under
the Contract.
40
Facilities, the Contractor shall so notify the
Employer in writing.
41
stating that the Facilities or that part thereof have
reached Completion as of the date of the
Contractor’s notice under GCC 24.4, or notify the
Contractor in writing of any defects and/or
deficiencies.
42
24.7 As soon as possible after Completion, the
Contractor shall complete all outstanding minor
items so that the Facilities are fully in accordance
with the requirements of the Contract, failing
which the Employer will undertake such
completion and deduct the costs thereof from any
monies owing to the Contractor.
43
Guarantee Test, and shall advise and assist
the Employer. The Employer shall
promptly provide the Contractor with such
information as the Contractor may
reasonably require in relation to the
conduct and results of the Guarantee Test
(and any repeats thereof).
44
(d) any minor items mentioned in GCC
24.7 hereof relevant to the Facilities or
that part thereof have been completed.
45
25.4.2 If a part of the Facilities comprises facilities
such as buildings, for which no
Commissioning or Guarantee Test is
required, then the Project Manager shall
issue the Operational Acceptance
Certificate for such facility when it attains
Completion, provided that the Contractor
shall thereafter complete any outstanding
minor items that are listed in the
Operational Acceptance Certificate.
46
obligations to complete the Facilities or from any
other obligations and liabilities of the Contractor
under the Contract.
27 Defect Liability 27.1 The Contractor warrants that the Facilities or any
. part thereof shall be free from defects in the design,
engineering, materials and workmanship of the
Goods supplied and of the work executed.
47
the repair, replacement or making good of any
defect or of any damage to the Facilities arising out
of or resulting from any of the following causes:
(a) improper operation or maintenance of the
Facilities by the Employer
48
the defect, and/or any damage to the Facilities
caused by the defect, is such that repairs cannot be
expeditiously carried out at the Site.
49
Facilities or any part thereof, the Goods, design or
engineering or work executed that appear after
Completion of the Facilities or any part thereof,
except where such defects are the result of the gross
negligence, fraud, criminal or willful action of the
Contractor.
G. Risk Distribution
53
Employer when the Goods are brought on to the
Site.
32 Care of Facilities 32.1 The Contractor shall be responsible for the care and
. custody of the Facilities or any part thereof until the
date of Completion of the Facilities pursuant to
GCC 24 or, where the Contract provides for
Completion of the Facilities in parts, until the date
of Completion of the relevant part, and shall make
good at its own cost any loss or damage that may
occur to the Facilities or the relevant part thereof
from any cause whatsoever during such period.
The Contractor shall also be responsible for any loss
or damage to the Facilities caused by the Contractor
or its Subcontractors in the course of any work
carried out, pursuant to GCC 27. Notwithstanding
the foregoing, the Contractor shall not be liable for
any loss or damage to the Facilities or that part
thereof caused by reason of any of the matters
specified or referred to in paragraphs (a), (b) and (c)
of GCCs 32.2 and 38.1.
33 Loss of or Damage 33.1 Subject to GCC 33.3, the Contractor shall indemnify
. to Property; and hold harmless the Employer and its employees
Accident or Injury and officers from and against any and all suits,
to Workers; actions or administrative proceedings, claims,
Indemnification demands, losses, damages, costs, and expenses of
whatsoever nature, including attorney’s fees and
expenses, in respect of the death or injury of any
person or loss of or damage to any property (other
than the Facilities whether accepted or not), arising
in connection with the supply and installation of
the Facilities and by reason of the negligence of the
Contractor or its Subcontractors, or their
employees, officers or agents, except any injury,
death or property damage caused by the negligence
of the Employer, its contractors, employees, officers
or agents.
56
If the Contractor fails to notify the Employer within
twenty-eight (28) days after receipt of such notice
that it intends to conduct any such proceedings or
claim, then the Employer shall be free to conduct
the same on its own behalf. Unless the Contractor
has so failed to notify the Employer within the
twenty-eight (28) day period, the Employer shall
make no admission that may be prejudicial to the
defense of any such proceedings or claim.
58
(g) Other Insurances
59
34.5 The Employer shall at its expense take out and
maintain in effect during the performance of the
Contract those insurances specified in the
corresponding Appendix (Insurance Requirements)
to the Agreement, in the sums and with the
deductibles and other conditions specified in the
said Appendix. The Contractor and the
Contractor’s Subcontractors shall be named as co-
insured’s under all such policies. All insurers’
rights of subrogation against such co-insured’s for
losses or claims arising out of the performance of
the Contract shall be waived under such policies.
The Employer shall deliver to the Contractor
satisfactory evidence that the required insurances
are in full force and effect. The policies shall
provide that not less than twenty-one (21) days’
notice shall be given to the Contractor by all
insurers prior to any cancellation or material
modification of the policies. If so requested by the
Contractor, the Employer shall provide copies of
the policies taken out by the Employer under this
GCC 34.5.
35. Unforeseen 35.1 If, during the execution of the Contract, the
Conditions Contractor shall encounter on the Site any physical
conditions (other than climatic conditions) or
artificial obstructions that could not have been
reasonably foreseen prior to the date of the
Agreement by an experienced contractor on the
basis of reasonable examination of the data relating
to the Facilities (including any data as to boring
tests) provided by the Employer, and on the basis of
information that it could have obtained from a
visual inspection of the Site (if access thereto was
available) or other data readily available to it
relating to the Facilities, and if the Contractor
determines that it will in consequence of such
conditions or obstructions incur additional cost and
expense or require additional time to perform its
obligations under the Contract that would not have
been required if such physical conditions or
artificial obstructions had not been encountered, the
Contractor shall promptly, and before performing
additional work or using additional Goods or
Contractor’s Equipment, notify the Project Manager
61
in writing of
36. Change in Laws and 36.1 If, after the date twenty-eight (28) days prior to the
Regulations date of Tender submission, in the United Republic
of Tanzania, any law, regulation, ordinance, order
or by-law having the force of law is enacted,
promulgated, abrogated or changed (which shall be
62
deemed to include any change in interpretation or
application by the competent authorities) that
subsequently affects the costs and expenses of the
Contractor and/or the Time for Completion, the
Contract Price shall be correspondingly increased
or decreased, and/or the Time for Completion shall
be reasonably adjusted to the extent that the
Contractor has thereby been affected in the
performance of any of its obligations under the
Contract. Notwithstanding the foregoing, such
additional or reduced costs shall not be separately
paid or credited if the same has already been
accounted for in the price adjustment provisions
where applicable, in accordance with the SCC.
37. Force Majeure 37.1 Force majeure shall include, without limitation, the
following:
63
inclement weather condition, nuclear and
pressure waves or other natural or physical
disaster
38. War Risks 38.1 “War Risks” shall mean any event specified in
paragraphs (a) and (b) of GCC 37.1 and any
explosion or impact of any mine, bomb, shell,
grenade or other projectile, missile, munitions or
explosive of war, occurring or existing in or near the
United Republic of Tanzania where the Site is
located.
65
indemnify and hold the Contractor harmless from
and against any and all claims, liabilities, actions,
lawsuits, damages, costs, charges or expenses
arising in consequence of or in connection with the
same.
66
Employer in writing of any such increased cost.
68
(b) effect on the Time for Completion
69
Change Proposal it becomes apparent that
the aggregate effect of compliance therewith
and with all other Change Orders that have
already become binding upon the Contractor
under this GCC 39 would be to increase or
decrease the Contract Price as originally set
forth in Article 2 (Contract Price) of the
Agreement by more than fifteen percent
(15%), the Contractor may give a written
notice of objection thereto prior to furnishing
the Change Proposal as aforesaid. If the
Employer accepts the Contractor’s objection,
the Employer shall withdraw the proposed
Change and shall notify the Contractor in
writing thereof.
40. Extension of Time 40.1 The Time(s) for Completion specified in the SCC
for Completion shall be extended if the Contractor is delayed or
71
impeded in the performance of any of its
obligations under the Contract by reason of any of
the following:
72
Contractor does not accept the Employer’s estimate
of a fair and reasonable time extension, the
Contractor shall be entitled to refer the matter to an
Adjudicator, pursuant to GCC 6.1.
41. Suspension 41.1 The Employer may request the Project Manager, by
notice to the Contractor, to order the Contractor to
suspend performance of any or all of its obligations
under the Contract. Such notice shall specify the
obligation of which performance is to be suspended,
the effective date of the suspension and the reasons
thereof. The Contractor shall thereupon suspend
performance of such obligation (except those
obligations necessary for the care or preservation of
the Facilities) until ordered in writing to resume
such performance by the Project Manager.
73
41.2 If:
75
(d) In addition, the Contractor, subject to the
payment specified in GCC 42.1.3, shall
78
duty under this Act;
42.2.2 If the Contractor
81
If such excess is greater than the sums due
the Contractor under GCC 42.2.5, the
Contractor shall pay the balance to the
Employer, and if such excess is less than the
sums due the Contractor under GCC 42.2.5,
the Employer shall pay the balance to the
Contractor.
The Employer and the Contractor shall agree, in
writing, on the computation described above and
the manner in which any sums shall be paid.
83
work as may be necessary for the purpose
of protecting that part of the Facilities
already executed, or any work required
to leave the Site in a clean and safe
condition
(b) terminate all subcontracts, except those to
be assigned to the Employer pursuant to
paragraph (d) (ii)
(c) remove all Contractor’s Equipment from
the Site and repatriate the Contractor’s
and its Subcontractors’ personnel from
the Site.
(d) In addition, the Contractor, subject to the
payment specified in GCC 42.3.4, shall
(i) deliver to the Employer the parts of
the Facilities executed by the
Contractor up to the date of
termination
(ii) to the extent legally possible, assign
to the Employer all right, title and
benefit of the Contractor to the
Facilities and to the Goods as of the
date of termination, and, as may be
required by the Employer, in any
subcontracts concluded between the
Contractor and its Subcontractors
(iii) deliver to the Employer all drawings,
specifications and other documents
prepared by the Contractor or its
Subcontractors as of the date of
termination in connection with the
Facilities.
85
SECTION V: SPECIAL CONDITIONS OF CONTRACT
86
Special Conditions of Contract
Definitions (GCC 1)
Sample Provision
91
[Parts and times for respective Completions shall be specified
where applicable.]
18. 26.3 Applicable (amount or rate) for the bonus for early
Completion:
19. 27.10 [The Employer should not extend the Defect Liability Period
beyond the period prescribed in GCC 27.2, except where it is
commercial practice for that type of Facilities, and in which case
93
the relevant period shall be specified in the SCC under GCC
27.10.]
96
SCHEDULE OF REQUIREMENTS
1 Wenda 2
2 Makambako 2
3 Uyole 1
4 Dakawa 2
5 Kazegunga 1
6 Mwenda kulima 1
7 Himo 1 1
97
No. Name Number of Sites (WEIGHBRIDGES)
8 Pongwe 2
9 Sirari 2
10 Horohoro 2
11 Tinde 1
12 Kyamyorwa 1
13 Makofia 2
14 Mkuranga 1
15 Nangurukuru 1
16 Kurasini 2
17 Luhimba 1
18 Lupokela 1
20 Itigi 1
21 Puge 2
22 Bwanga 1
23 Nyakahura 1
24 Kyaka 1
25 Rubana 1
26 Matai 1
27 Kanondo 1
28 Msata 2
29 Kwachaga 1
98
No. Name Number of Sites (WEIGHBRIDGES)
30 Misima 1
31 Nkangamo 1
32 Nyakabindi 1
Total 42
100
d. Be proven to have an active and a wider support community so as to
avoid vendor locking (Other vendors should be able to support it);
101
o. Be capable of validating Vehicle registration number and all other
fields at operator level;
c. Software supplied that runs the system must be able to record videos
on movement;
f. Specification for the computer must be able to run the system, with
a 99.99% uptime;
k. All Camera’s must be water proof and have casings protecting it from
outdoor conditions;
o. The system must have UPS (uninterruptable power supply) and have
the ability to operate 6-8 hours without main power;
p. Be able to send out a alert via EMAIL that the manpower is down
and alert when it is back up;
s. The entire video system of all remote sites must converge to a central
system. All hardware and software must be supplied;
103
t. Contingency plans must be listed in case of failure e.g. warranty
replacements, time until replacement can commence support levels;
2.0 SECURITY
3.0 METHODOLOGY
105
g. Provide intensive Training of Trainers (TOT) program to the
identified individuals as well as appropriate training and build
capacity for all system users based on their responsibilities;
f. Handover to the MoWTC (Works) all source codes and all login
privileges for WEIGHBRIDGE CCTV MANAGEMENT SYSTEM;
b. Ensure that officers who are responsible for the Weighbridge CCTV
Management System are available for discussions during training;
and Development of the system
106
d. Provide a Single Point of Contact Resource for defining 20 addition
report requirements to be developed for the stakeholders as part of
the project.
6.0 DELIVERABLES
The report shall describe the understanding of the objectives and tasks, the
application development approach, schedule, staffing, project management
approach, and the control process including critical path to ensure the
project reaches its goals. The inception report must be submitted in three
(3) months of project initiation.
The report shall confirm, consolidate and clarify user needs of the Ministry
(Works), TANROADS and RFB for use in all stages of the Weighbridge
CCTV Management System. The report must be submitted within Five (5)
months of project initiation.
The design report shall also include a mock-up of the user interface, outline
how each identified user requirements will be addressed, describe how the
107
application will be integrated for ease of use and how the requirements
outlined in the User requirement report will be met. The document shall
include the Hardware/Software Requirements (e.g. Servers/ fiber/wireless
integration; data/Text/Video/image requirements and "Standards")
The system design report must be submitted within nine (9) months of
project initiation.
6.5 Installation
108
The report must be submitted within seventeen (17) months of project
initiation.
b. Getting started which includes installation and log in, system menu,
changing user id and password and how to exit the application, using
the System including details for each of the specific functions in the
Weighbridge CCTV Management System;
The Implementation Partner will take overall responsibility for the design,
development, supply, installation, configuration, training, testing and
commissioning of Integrated Infrastructure Management System
(WEIGHBRIDGE CCTV MANAGEMENT SYSTEM) for a period of
Eighteen (18) months and 36months of the mandated default reliability
period.
The Implementation Partner firm should have at least six (6) years proven
prior experience in designing, developing, implementing and supporting
complex multi-disciplinary ICT-based projects under similar environment.
At a minimum, the Implementation Partner firm implementation teams
shall include key personnel with the following skills:-
110
a. ICT Project Coordinator/Manager
111
c. Weighbridge and Metrology Expert
d. Electrical Engineer
113
b. Quarterly Progress Reports:
The Implementation Partner shall prepare a Draft Final Report for the
Project whose contents shall be as provided for in paragraph (d) below. The
will review the Draft Final Report for the Project and will provide, where
necessary, comments on the same to the Consultant for incorporation in
the Final Report for the Project.
d. Final Report:
a. Executive summary;
115
b. Twenty (20) percent lump-sum amount shall be paid upon
submission and approval of System enhancement design report;
The bank guarantee or bond shall be released when the total payments
reach Eighty percent (80%) of the lump-sum amount.
116
SECTION VII: TECHNICAL SPECIFICATIONS AND
DRAWINGS
SECTION VIII: FORMS OF TENDER
1
1. Forms of Tender and Price Schedules
[Name of Contract]
We declare that our tendering price did not involve agreements with other tenderers
for the purpose of tender suppression.
We are not participating, as tenderers, in more than one Tender in this tendering
process other than alternative tenders in accordance with the tendering documents.
We hereby confirm [insert the name of the Appointing Authority], to be the Appointing
Authority, to appoint the adjudicator in case of any arisen disputes in accordance with ITT
45.1
We agree to abide by this Tender, for a period of [number] days from the date fixed
for submission of Tenders as stipulated in the Tendering documents, and it shall
remain binding upon us and may be accepted by you at any time before the
expiration of that period.
2
Commissions or gratuities, if any, paid or to be paid by us to agents relating to this
Tender, and to contract execution if we are awarded the contract, are listed below
Until a formal contract is prepared and signed between us, this Tender, together with
your written acceptance thereof and your notification of award, shall constitute a
binding contract between us.
We understand that you are not bound to accept the lowest or any Tender you may
receive.
[signature]
In the capacity of
[position]
Attachments: [In accordance with ITB 12.1, plus any additional attachment either specified
by the Employer in the TDS or included by the Tenderer. In this regard, the Employer may
include in the Tendering document, as an Attachment to the Tender Form, a list of
“Tendering Data,” including the most important data to be provided by the Tenderer (e.g.,
Time for Completion, Functional Guarantees, etc.).]
3
STANDARD POWER OF ATTORNEY
TO ALL IT MAY CONCERN
THAT BY THIS POWER OF ATTORNEY given on the [insert date, month and year],
WE the undersigned [insert name of the company/donor] of [insert address of the
company/donor], by virtue of authority conferred to us by the Board Resolution No
of day of [insert year], do hereby
ordain nominate and appoint [insert name of donee] of [insert address of the donee] to be
our true lawful Attorney and Agent, with full power and authority, for us and in our
names, and for our accounts and benefits, to do any, or all of the following acts, in
the execution of tender No. [insert tender number] that is to say;
To act for the company and do any other thing or things incidental for [insert
tender Number] of [insert description of procurement] for the [insert name of the
Procuring EntityPE];
AND provided always that this Power of Attorney shall not revoke or in any manner
affect any future power of attorney given to any other person or persons for such
other power or powers shall remain and be of the same force and affect as if this
deed has not been executed.
SEALED with the common seal of the said [[insert name of the company] and delivered
in the presence of us this [insert date] day of [insert month] [insert year].
IN WITNESS whereof we have signed this deed on this [insert date] day of [insert
month] [insert year] at [insert region] for and on behalf of [insert name of the company]
………………………………………
DONOR
BEFORE ME:
4
ACKNOWLEDGEMENT
I [insert name of donee] doth hereby acknowledge and accept to be Attorney of the said
[insert name of the company/donor] under the terms and conditions contained in this
POWER OF ATTORNEY and I promise to perform and discharge my duties as the
lawfully appointed Attorney faithfully and honestly.
DONEE
BEFORE ME
5
1.2 Price Schedules
The following Preamble is given as an example only. Employers are responsible for
ensuring that the Preamble included in the Tendering documents is complete and
appropriate for the contract in question.
PREAMBLE
General
3. If Tenderers are unclear or uncertain as to the scope of any item, they shall seek
clarification in accordance with the Instructions to Tenderers in the Tendering
documents prior to submitting their Tender.
Pricing
4. Prices shall be filled in indelible ink, and any alterations necessary due to errors,
etc., shall be initialed by the Tenderer.
As specified in the TDS and SCC, prices shall be fixed and firm for the duration
of the Contract, or prices shall be subject to adjustment in accordance with the
corresponding Appendix (Price Adjustment) to the Contract Agreement.
6
5. Tender prices shall be quoted in the manner indicated and in the currencies
specified in the Instructions to Tenderers in the Tendering documents.
For each item, Tenderers shall complete each appropriate column in the
respective Schedules, giving the price breakdown as indicated in the Schedules.
Prices given in the Schedules against each item shall be for the scope covered by
that item as detailed in the Technical Specifications, Drawings or elsewhere in
the Tendering documents.
6. Where there are errors between the total of the amounts given under the
column for the price breakdown and the amount given under the Total Price,
the former shall prevail and the latter will be corrected accordingly.
Where there are errors between the total of the amounts of Schedule Nos. 1 to 4
and the amount given in Schedule No. 5 (Grand Summary), the former shall
prevail and the latter will be corrected accordingly.
Where there are discrepancies between amounts stated in figures and amounts
stated in words, the amounts stated in words shall prevail.
8. Items left blank will be deemed to have been included in other items. The
TOTAL for each Schedule and the TOTAL of the Grand Summary shall be
deemed to be the total price for executing the Facilities and sections thereof in
complete accordance with the Contract, whether or not each individual item has
been priced.
9. When requested by the Employer for the purposes of making payments or part
payments, valuing variations or evaluating claims, or for such other purposes as
the Employer may reasonably require, the Contractor shall provide the
Employer with a breakdown of any composite or lump sum items included in
the Schedules.
7
Schedules of Rates and Prices
Schedule No. 1. Goods, and Mandatory Spare Parts Supplied from Abroad
Code Country
Name of Tenderer
Signature of
Tenderer
1 Tenderers shall enter a code representing the country of origin of all imported goods.
2 Specify currency.
8
Schedule No. 2. Goods and Mandatory Spare Parts Supplied from
Within the United Republic of Tanzania
Name of Tenderer
Signature of
Tenderer
1 Specify currency in accordance with specifications in TDS under ITB 17.1 (b)
9
Schedule No. 3. Local Transportation, Insurance and Other Incidental
Services
Name of Tenderer
Signature of
Tenderer
1 Specify currency in accordance with specifications in TDS under ITB 17.1 (c)
10
Schedule No. 4. Installation Services
Name of Tenderer
Signature of
Tenderer
1 Specify currency in accordance with specifications in TDS under ITB 17.1 (c)
11
Schedule No. 5. Grand Summary
Name of Tenderer
Signature of
Tenderer
12
Schedule No. 6. Recommended Spare Parts
Name of Tenderer
Signature of
Tenderer
[date]
13
2. Letter of Acceptance
This is to notify you that your Tender dated [insert date] for execution of the [insert
name of the Contract and identification number, as given in the SCC] for the Contract Price
of the equivalent of [insert amount in numbers and words] [insert name of currency], as
corrected and modified in accordance with the ITT is hereby accepted by us.
You are hereby informed that after you have read and return the attached draft
Contract, the parties to the contract shall sign the vetted contract within fourteen (14)
working days.
You are hereby informed to proceed with the execution of the said Contract for the
Supply and Installation in accordance with the terms and conditions of the signed
Contract.
Authorized Signature:
Name of Agency:
Attachment: Contract
14
3. Qualification Information
15
The tenderer(s) shall list in the table below details of work under way or committed,
including expected completion dates. The provided information may be used by PE
for post-qualification where applicable.
Employer’s Value of Outstanding Average Monthly
Estimated
Name of Contact Work Invoicing Over Last Six
S/No. Completion
Contract Address, Tel, [Current US$ Months
Date
Fax Equivalent] [US$/month)]
1.
2.
n-1
16
1.7 Financial reports for the number of years [ PE to specify
number of years]. Balance sheets, profit and loss
statements, auditors’ reports, etc.
2.
17
1.13 Proposed Program (installation work method and
schedule). Descriptions, drawings, and charts, as
necessary, to comply with the requirements of the
Tendering documents.
2. Joint Ventures 2.1 The information listed in 1.11 – 1.12 above shall be
provided for each partner of the joint venture.
18
4. Form of Agreement
BETWEEN
(1) [Name of Employer], a corporation incorporated under the laws of the United
Republic of Tanzania and having its principal place of business at [address of
Employer] (hereinafter called “the Employer”), and (2) [name of Contractor], a
corporation incorporated under the laws of [country of Contractor] and having its
principal place of business at [address of Contractor] (hereinafter called “the
Contractor”).
19
the same meanings as are ascribed to them in the
General Conditions of Contract.
20
performance security and the advance payment
guarantee;
Each party shall use its best efforts to fulfill the above
conditions for which it is responsible as soon as
practicable.
3.2 If the conditions listed under 3.1 are not fulfilled within
two (2) months from the date of this Contract
notification because of reasons not attributable to the
Contractor, the parties shall discuss and agree on an
equitable adjustment to the Contract Price and the Time
for Completion and/or other relevant conditions of the
Contract.
IN WITNESS WHEREOF the Employer and the Contractor have caused this
Agreement to be duly executed by their duly authorized representatives the day and
year first above written.
21
SIGNED BY, FOR AND ON BEHALF OF THE CONTRACTOR:
In the presence of
........................................................... ......................................................
Signature Signature
(Name).............................................. (Name)...........................................
(Occupation)..................................... (Occupation)....................................
(Address)......................................... (Address)..........................................
22
Appendix 1: Terms and Procedures of Payment
TERMS OF PAYMENT
Ten percent (10%) of the total CIF or CIP amount as an advance payment
against receipt of invoice and an irrevocable advance payment security for the
equivalent amount made out in favor of the Employer. The advance payment
security may be reduced in proportion to the value of the goods shipped FOB
or delivered to the site, as evidenced by shipping and delivery documents.
Eighty percent (80%) of the total or pro rata FOB or FCA amount upon
Incoterm “FOB” or “FCA,” within forty-five (45) days after receipt of invoice
and shipping documents. In the event that shipping is delayed upon the
written instruction of the Employer for more than twenty-eight (28) days
beyond the date shown in the Programme of Performance provided in
accordance with GCC sub-Clause 18.2, the Contractor may make application
for this part of the payment against warehouse receipts, provided always that
the goods are ready for shipment on the date shown in the said Programme.
Eighty percent (80%) of the total or pro rata CIF or CIP amount upon Incoterm
“CIF or “CIP,” upon delivery to Site within forty-five (45) days after receipt of
invoice, less eighty percent (80%) of the FOB amount already paid or
authorized for payment.
23
Five percent (5%) of the total or pro rata CIF or CIP amount upon issue of the
Completion Certificate, within forty-five (45) days after receipt of invoice.
Five percent (5%) of the total or pro rata CIF or CIP amount upon issue of the
Operational Acceptance Certificate, within forty-five (45) days after receipt of
invoice.
24
Schedule No. 2. Goods Supplied from within the United Republic of Tanzania
In respect of goods supplied from within the, United Republic of Tanzania the
following payments shall be made:
Ten percent (10%) of the total EXW amount as an advance payment against
receipt of invoice, and an irrevocable advance payment security for the
equivalent amount made out in favor of the Employer. The advance payment
security may be reduced in proportion to the value of the goods delivered to the
site, as evidenced by shipping and delivery documents.
Eighty percent (80%) of the total or pro rata EXW amount upon Incoterm “Ex-
Works,” upon delivery to the site within forty-five (45) days after receipt of
invoice.
Five percent (5%) of the total or pro rata EXW amount upon issue of the
Completion Certificate, within forty-five (45) days after receipt of invoice.
Five percent (5%) of the total or pro rata EXW amount upon issue of the
Operational Acceptance Certificate, within forty-five (45) days after receipt of
invoice.
Ninety percent (90%) of the total or pro rata local transportation amount upon
delivery to the site within forty-five (45) days after receipt of invoice.
In respect of installation services for both the foreign and local currency
portions, the following payments shall be made:
25
performed by the Contractor as evidenced by the invoices for installation
services.
Five percent (5%) of the total or pro rata value of installation services performed
by the Contractor as evidenced by the Employer’s authorization of the
Contractor’s monthly applications, upon issue of the Completion Certificate,
within forty-five (45) days after receipt of invoice.
Five percent (5%) of the total or pro rata value of installation services performed
by the Contractor as evidenced by the Employer’s authorization of the
Contractor’s monthly applications, upon issue of the Operational Acceptance
Certificate, within forty-five (45) days after receipt of invoice.
In the event that the Employer fails to make any payment on its respective due date,
the Employer shall pay to the Contractor interest on the amount of such delayed
payment at the rate of [insert a figure that may be different for the foreign and local
currency portions and a figure that reflects the cost of money in the respective currencies]
percent (__%) per month for period of delay until payment has been made in full.
PAYMENT PROCEDURES
Appropriate procedures, normally through letters of credit, are to be inserted (including forms
and certificates annexed as appropriate) by the Employer in the Tendering documents.
26
Appendix 2: Price Adjustment
Where the Contract Period (excluding the Defects Liability Period) exceeds
eighteen (18) months, it is normal procedure that prices payable to the
Contractor shall be subject to adjustment during the performance of the
Contract to reflect changes occurring in the cost of labour and material
components. In such cases the Tendering documents shall include in this
Appendix 2 a formula of the following general type, pursuant to GCC sub-
Clause 11.2.
Where Contracts are of a shorter duration than eighteen (18) months or in cases
where there is to be no Price Adjustment, the following provision shall not be
included. Instead, it shall be indicated under this Appendix 2 that the prices
are to remain firm and fixed for the duration of the Contract.
Prices payable to the Contractor, in accordance with the Contract, shall be subject to
adjustment during performance of the Contract to reflect changes in the cost of
labour and material components, in accordance with the following formula:
L1 M1
P1 P0 ( a b c ) P0
L0 M0
in which:
P1 = adjustment amount payable to the Contractor
M0, M1= material indexes for the major raw materials in the country of origin
on the base date and the date for adjustment, respectively
The sum of the three coefficients a, b and c shall be one (1) in every application
of the formula.
27
Conditions Applicable To Price Adjustment
The Tenderer shall indicate the source of labour and materials indexes and the base
date indexes in its bid.
The base date shall be the date thirty (30) days prior to the Tender closing date.
(a) Price adjustment will be applied only if the resulting increase or decrease is
more than two percent (2%) of the Contract price.
(b) No price increase will be allowed beyond the original delivery date unless
covered by an extension of time awarded by the Employer under the terms of
the Contract. No price increase will be allowed for periods of delay for which
the Contractor is responsible. The Employer will, however, be entitled to any
price decrease occurring during such periods of delay.
(c) The total adjustment (plus or minus) shall be subject to a ceiling amount of
percent (__%) of the Contract price.
(d) If the currency in which the Contract price, P0, is expressed is different from the
currency of the country of origin of the labour and/or materials indexes, a
correction factor will be applied to avoid incorrect adjustments of the Contract
price. The correction factor shall correspond to the ratio of exchange rates
between the two currencies on the base date and the date for adjustment as
defined above.
(e) No price adjustment shall be payable on the portion of the Contract price paid
to the Contractor as an advance payment.
Note: For complex Plant supply and installation involving several sources of supply and/or
a substantial amount of installation works, a family of formulas may be necessary, with
provision for the usage of Contractor’s equipment in the works formula.
28
Appendix 3: Insurance Requirements
In accordance with the provisions of GCC Clause 34, the Contractor shall at its
expense take out and maintain in effect, or cause to be taken out and maintained in
effect, during the performance of the Contract, the insurances set forth below in the
sums and with the deductibles and other conditions specified. The identity of the
insurers and the form of the policies shall be subject to the approval of the Employer,
such approval not to be unreasonably withheld.
29
(c) Third Party Liability Insurance
Covering bodily injury or death suffered by third parties (including the
Employer’s personnel) and loss of or damage to property (including the
Employer’s property and any parts of the Facilities that have been accepted by
the Employer) occurring in connection with the supply and installation of the
Facilities.
Details:
The Employer shall be named as co-insured under all insurance policies taken out by
the Contractor pursuant to GCC sub-Clause 34.1, except for the Third Party Liability,
Workers’ Compensation and Employer’s Liability Insurances, and the Contractor’s
Subcontractors shall be named as co-insured’s under all insurance policies taken out
by the Contractor pursuant to GCC sub-Clause 34.1, except for the Cargo, Workers’
Compensation and Employer’s Liability Insurances. All insurer’s rights of
subrogation against such co-insured’s for losses or claims arising out of the
performance of the Contract shall be waived under such policies.
30
Insurances to be taken out by the Employer
If the Employer is proposing to take out any or all of the above insurances itself,
or any other insurances in respect of the Facilities, either in its own name or in
the joint names of itself and the Contractor, it shall give details below prior to
issuing the Tendering documents. Under the terms of the Contract, the
Contractor and the Contractor’s Subcontractors shall be named as co-insured’s
under all such policies.
The Employer shall at its expense take out and maintain in effect during the
performance of the Contract the following insurances.
Details:
31
Appendix 4: Time Schedule
Should it become necessary to amend the Time Schedule to reflect any agreements
made with the selected Tenderer prior to award of Contract, the amended Time
Schedule shall replace the original Time Schedule prior to signature of the Contract
Agreement.
32
Appendix 5: List of Approved Subcontractors
The following Subcontractors are approved for carrying out the item of the facilities
indicated. Where more than one Subcontractor is listed, the Contractor is free to
choose between them, but it must notify the Employer of its choice in good time prior
to appointing any selected Subcontractor. In accordance with GCC Sub-Clause 19.1,
the Contractor is free to submit proposals for Subcontractors for additional items
from time to time. No Subcontracts shall be placed with any such Subcontractors for
additional items until the Subcontractors have been approved in writing by the
Employer and their names have been added to this list of Approved Subcontractors.
33
Appendix 6: Scope of Works and Supply by the Employer
Prior to issuing the Tendering documents, the Employer shall indicate in this
Appendix details of all personnel and Facilities it will provide for use by the
Contractor and indicate, where applicable, the charges that it will make in respect
of their use.
The Employer shall also identify any part(s) of the facilities it intends to carry out
itself (or by other contractors), and any plant, equipment, or materials that it
proposes to purchase itself and supply to the Contractor for incorporation in the
facilities, indicating, where applicable, the charges that it will make in respect
thereof.
All personnel, facilities, works and supplies will be provided by the Employer in
good time so as not to delay the performance of the Contractor, in accordance with
the approved Time Schedule and Programme of Performance pursuant to GCC sub-
Clause 18.2.
Unless otherwise indicated, all personnel, facilities, works and supplies will be
provided free of charge to the Contractor.
34
Appendix 7: List of Documents for Approval or Review
Pursuant to GCC sub-Clause 20.3.1, the Contractor shall prepare, or cause its
Subcontractor to prepare, and present to the Project Manager in accordance with the
requirements of GCC sub-Clause 18.2 (Programme of Performance), the following
documents for
A. Approval
1.
2.
3.
B. Review
1.
2.
3.
35
Appendix 8: Functional Guarantees
1. General
(d) the formula for calculation of liquidated damages for failure to attain the
functional guarantees.
2. Preconditions
The Contractor gives the functional guarantees (specified herein) for the
facilities, subject to the following preconditions being fully satisfied:
[List any conditions for the carrying out of the Guarantee Test referred to in GCC sub-
Clause 25.2.]
3. Functional Guarantees
[List here the production capacity that the Contractor is to guarantee, making
sure to use, as functional guarantees, the figures offered by the Contractor
in its bid.]
and/or
[List here the guaranteed items of consumption per unit of production (e.g., kg,
tons, kcal, kWh, etc.) that the Contractor is to guarantee, making sure to use, as
functional guarantees, the figures offered by the Contractor in its bid.]
36
4.1 Failure to Attain Guaranteed Production Capacity
[To be specified in the appropriate wording for the type of facilities if there are
consumption guarantees.]
[The rate of liquidated damages specified in paras. 4.1 and 4.2 above shall be at
least equivalent to the rate specified in the Tender Data Sheet under ITB sub-
Clause 25.3 (d), for the comparison of functional guarantees provided by the
Tenderers.]
37
(a) production capacity of the Facilities attained in the guarantee test:
ninety-five percent (95%) of the guaranteed production capacity
and/or
(b) average total cost of consumption of all the raw materials and utilities
of the Facilities: one hundred and five percent (105%) of the
guaranteed figures.
38
SECTION IX: FORMS OF SECURITY
39
1. Form of Tender Security (Bank Guarantee)
________________________________
[Bank’s Name, and Address of Issuing Branch or Office]
We have been informed that [name of the Tenderer] (hereinafter called "the
Tenderer") has submitted to you its Tender dated (hereinafter called "the
Tender") for the execution of [name of contract] under Invitation for Tenders No.
[IFB number] (“the IFB”).
(b) does not accept the correction of errors in accordance with the
Instructions to Tenderers (ITT); or
This guarantee will expire: (a) if the Tenderer is the successful Tenderer, upon
our receipt of copies of the contract signed by the Tenderer and the performance
security issued to you upon the instruction of the Tenderer; or (b) if the Tenderer
is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of your
40
notification to the Tenderer of the name of the successful Tenderer; or (ii) twenty-
eight days after the expiration of the Tenderers Tender.
Consequently, any demand for payment under this guarantee must be received
by us at the office on or before that date.
_____________________________
[signature(s)]
41
2. Tender Securing Declaration
[The Tenderer shall fill in this Form in accordance with the instructions indicated.]
(a) have withdrawn our Tender during the period of Tender validity
specified in the Form of Tender; or
(b) having been notified of the acceptance of our Tender by the Purchaser
during the period of Tender validity, (i) fail or refuse to execute the
Contract, if required, or (ii) fail or refuse to furnish the Performance
Security, in accordance with the ITB.
We understand this Tender Securing Declaration shall expire if we are not the
successful Tenderer, upon the earlier of (i) our receipt of your notification to us
of the name of the successful Tenderer; or (ii) twenty-eight days after the
expiration of our Tender.
Signed: [insert signature of person whose name and capacity are shown] In the capacity
of [insert legal capacity of person signing the Tender Securing Declaration]
Name: [insert complete name of person signing the Tender Securing Declaration]
Duly authorized to sign the Tender for and on behalf of: [insert complete name of
Tenderer]
42
[Note: In case of a Joint Venture, the Tender Securing Declaration must be in the name
of all partners to the Joint Venture that submits the Tender.]
43
3. Performance Security Forms (Bank Guarantee)
Date: ________________
(a) twelve months after our receipt of either (a) or (b) above; or
(b) eighteen months after our receipt of:
44
(ii) a registered letter from the Contractor, attaching a copy of
the notice to the project manager that the Facilities are ready
for commissioning, and stating that fourteen days have
elapsed from receipt of such notice (or seven days have
elapsed if the notice was a repeated notice) and the project
manager has failed to issue a Completion Certificate or
inform the Contractor in writing of any defects or
deficiencies; or
(iii) a registered letter from the Contractor stating that no
Completion Certificate has been issued but the Employer is
making use of the Facilities; or
Consequently, any demand for payment under this guarantee must be received
by us at this office on or before that date.
_____________________
[signature(s)]
45
4. Bank Guarantee—Conditional
Date:
Loan/Credit No:
IFB No:
[Name of Contract]
By this letter we, the undersigned, [name of Bank], a Bank (or company) organized
under the laws of [country of Bank] and having its registered/principal office at
[address of Bank], do hereby jointly and severally with the Contractor irrevocably
guarantee payment owed to you by the Contractor, pursuant to the Contract, up
to the sum of [amount], equivalent to [number] percent ( %) [amount shall not
exceed ten percent (10%) in any case] of the Contract Price until the date of the
Operational Acceptance Certificate and thereafter up to a sum of [amount],
equivalent to [number] percent ( %) [amount shall not exceed five percent (5%) in
any case] of the Contract Price, until twelve (12) months after the date of
Operational Acceptance, or eighteen (18) months after Completion of the
Facilities, whichever comes first.
Where it is agreed between you and the Contractor that the Facilities are to be
accepted in parts, and thus where there are separate Completion and Operational
Acceptance Certificates for each part, this Letter of Guarantee shall be
apportioned to the value of each such part and shall reduce or expire as provided
above on or following Completion or Operational Acceptance of each part.
We shall only undertake to make payment under this Letter of Guarantee upon
our receipt of a written demand signed by your duly authorized officer for a
specified sum, where such demand sets out the reasons for your claim under this
Letter of Guarantee and is accompanied by
(a) a copy of the written notice sent by you to the Contractor before
making the claim under this Guarantee, specifying the Contractor’s
breach of contract and requesting the Contractor to remedy it
46
(b) a letter signed by your duly authorized officer certifying that the
Contractor has failed to remedy the default within the period allowed
for remedial action
(c) a copy of your written notice to the Contractor stating your intent to
claim under this Letter of Guarantee because of the Contractor’s failure
to remedy the default in accordance with the request referred to in
para. (a) above.
Our liability under this Letter of Guarantee shall be to pay to you whichever is
the lesser of the sum so requested or the amount then guaranteed hereunder in
respect of any demand duly made hereunder prior to expiry of this Letter of
Guarantee, without being entitled to inquire whether or not this payment is
lawfully demanded.
This Letter of Guarantee shall be valid from the date of issue until the earlier of
twelve (12) months after the date of Operational Acceptance or eighteen (18)
months after the date of Completion of the Facilities or, where the Facilities are to
be accepted in parts, twelve (12) months after the date of Operational Acceptance
or eighteen (18) months after the date of Completion of the last part or [date],
whichever comes first.
Except for the documents herein specified, no other documents or other action
shall be required, notwithstanding any applicable law or regulation.
If the Defect Liability Period is extended with respect to any part of the Facilities
in accordance with the Contract, you shall notify us, and the validity of this
Letter of Guarantee shall be extended with respect to the percentage of the
Contract Price stipulated in the notification until expiry of such extended Defect
Liability Period.
Our liability under this Letter of Guarantee shall become null and void
immediately upon its expiry, whether it is returned or not, and no claim may be
made hereunder after such expiry or after the aggregate of the sums paid by us
to you shall equal the sums guaranteed hereunder, whichever is the earlier.
We hereby agree that any part of the Contract may be amended, renewed,
extended, modified, compromised, released or discharged by mutual agreement
between you and the Contractor, and this security may be exchanged or
47
surrendered without in any way impairing or affecting our liabilities hereunder
without notice to us and without the necessity for any additional endorsement,
consent or guarantee by us, provided, however, that the sum guaranteed shall
not be increased or decreased.
Yours truly,
[Name of the Bank]
Authorized Signature
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5. Bank Guarantee Form for Advance Payment
Date: ________________
It is a condition for any claim and payment under this guarantee to be made that
the advance payment referred to above must have been received by the
Contractor on his account number ___________ at [name and address of Bank].
_____________________
[signature(s)]
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6. Manufacturer’s Authorization Form
We hereby extend our full guarantee and warranty as per Clause 28 of the GCC
for the goods offered for supply by the above firm against this Invitation for
Tenders.
_____________________________________________________________________
[signature for and on behalf of Manufacturer]
50
SECTION X: CERTIFICATES
51
1. Form of Completion Certificate
Date:
Loan/Credit No:
IFB No:
[Name of Contract]
However, you are required to complete the outstanding items listed in the
attachment hereto as soon as practicable.
This letter does not relieve you of your obligation to complete the execution of
the Facilities in accordance with the Contract nor of your obligations during the
Defect Liability Period.
Title
(Project Manager)
52
2. Form of Operational Acceptance Certificate
Date:
Loan/Credit No:
IFB No:
[Name of Contract]
This letter does not relieve you of your obligation to complete the execution of
the Facilities in accordance with the Contract nor of your obligations during the
Defect Liability Period.
Title
(Project Manager)
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SECTION XI: CHANGE ORDER PROCEDURES
54
Change Order Procedures
Date:
Loan/Credit No:
IFB No:
CONTENTS
1. General
2. Change Order Log
3. References for Changes
ANNEXES
55
Change Order Procedure
1. General
This section provides samples of procedures and forms for implementing changes
in the Facilities during the performance of the Contract in accordance with GCC 39
(Change in the Facilities) of the General Conditions of Contract.
The Contractor shall keep an up-to-date Change Order Log to show the current
status of Requests for Change and Changes authorized or pending, as Annex 8.
Entries of the Changes in the Change Order Log shall be made to ensure that the
log is up-to-date. The Contractor shall attach a copy of the current Change Order
Log in the monthly progress report to be submitted to the Employer.
(1) Request for Change as referred to in GCC 39 shall be serially numbered CR-
X-nnn.
Note: (a) Requests for Change issued from the Employer’s Home Office and the
Site representatives of the Employer shall have the following
respective references:
(b) The above number “nnn” is the same for Request for Change,
Estimate for Change Proposal, Acceptance of Estimate, Change
Proposal and Change Order.
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Annex 1. Request for Change Proposal
(Employer’s Letterhead)
With reference to the captioned Contract, you are requested to prepare and submit a
Change Proposal for the Change noted below in accordance with the following
instructions within [number] days of the date of this letter[or on or before (date)].
(a) Please submit your estimate to us showing what effect the requested Change
will have on the Contract Price.
(b) Your estimate shall include your claim for the additional time, if any, for
completion of the requested Change.
1
Refer to Annex 7.
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(c) If you have any opinion negative to the adoption of the requested Change in
connection with the conformability to the other provisions of the Contract or
the safety of the Plant or Facilities, please inform us of your opinion in your
proposal of revised provisions.
(d) Any increase or decrease in the work of the Contractor relating to the services
of its personnel shall be calculated.
(e) You shall not proceed with the execution of the work for the requested
Change until we have accepted and confirmed the amount and nature in
writing.
(Employer’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
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Annex 2. Estimate for Change Proposal
(Contractor’s Letterhead)
With reference to your Request for Change Proposal, we are pleased to notify you of the
approximate cost of preparing the below-referenced Change Proposal in accordance
with GCC 39.2.1 of the General Conditions of Contract. We acknowledge that your
agreement to the cost of preparing the Change Proposal, in accordance with GCC 39.2.2,
is required before estimating the cost for change work.
2
Costs shall be in the currencies of the Contract.
59
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
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Annex 3. Acceptance of Estimate
(Employer’s Letterhead)
We hereby accept your Estimate for Change Proposal and agree that you should proceed
with the preparation of the Change Proposal.
6. Other Terms and Conditions: In the event that we decide not to order the Change
accepted, you shall be entitled to compensation for the cost of preparation of
Change Proposal described in your Estimate for Change Proposal mentioned in
para. 3 above in accordance with GCC 39 of the General Conditions of Contract.
(Employer’s Name)
(Signature)
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Annex 4. Change Proposal
(Contractor’s Letterhead)
In response to your Request for Change Proposal No. [Number], we hereby submit our
proposal as follows:
(Amount)
3
Costs shall be in the currencies of the Contract.
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(c) Direct field labour (Total hrs)
(d) Subcontracts
12. Validity of this Proposal: within [Number] days after receipt of this Proposal by the
Employer
(b) The amount of any increase and/or decrease shall be taken into account in
the adjustment of the Contract Price.
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(c) Contractor’s cost for preparation of this Change Proposal:2
(Note) This cost shall be reimbursed by the Employer in case of Employer’s
withdrawal or rejection of this Change Proposal without default of the Contractor in
accordance with GCC 39 of the General Conditions of Contract.
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
2
Specify where necessary.
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Annex 5. Change Order
(Employer’s Letterhead)
We approve the Change Order for the work specified in the Change Proposal (No.
[Number]), and agree to adjust the Contract Price, Time for Completion and/or other
conditions of the Contract in accordance with GCC 39 of the General Conditions of
Contract.
5. Authorized Price:
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Annex 6. Pending Agreement Change Order
(Employer’s Letterhead)
We instruct you to carry out the work in the Change Order detailed below in accordance
with GCC 39 of the General Conditions of Contract.
(Employer’s Name)
(Signature)
(Name of signatory)
66
(Title of signatory)
67
Annex 7. Application for Change Proposal
(Contractor’s Letterhead)
8. Appendix:
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
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SECTION IX: FORMS OF INTEGRITY
69
UNDERTAKING BY TENDERER ON ANTI – BRIBERY POLICY/
CODE OF CONDUCT AND COMPLIANCE PROGRAMME
(Made under Regulation 78 (2) of GN 446 of 2013
Each tenderer must Submit a statement, as part of the tender documents, in either
of the formats in this section.
MEMORANDUM (Format 1)
Authorized Signature:
Name of Tenderer:
Address:
MEMORANDUM (Format 2)
Authorized Signature:
Name of Tenderer:
Address:__________________________________________________________