CONSULTANCY SERVICE TO CONDUCT ENERGY

AUDITS, ASSESS THE ADEQUACY, INTEGRITY AND

SAFETY OF EXISTING ELECTRICAL SYSTEM AND
DESIGN RENEWABLE ENERGY SYSTEMS

Book 1: Particular Conditions of Contract

DOCUMENT CONTROL SHEET

Country: RB/RBN
Project Title: Energy Audits, Renewable Energy
Systems and Electrical Consultancy
Document Title: Book 1: Particular Conditions of
Contract
Document No.:
Rev: 01
Status: Final
Author(s): A.O. E.C
Reviewed by: M.B, A.C, B.G.R, A.C, P.E.E
Office of origin: RB
Issue date: November 2022
Previous versions:

November 2022
WFP RBN
Book 1: Particular Condition of Contract

TABLE OF CONTENTS

PARTICULAR CONDITIONS ............................................................................................ 1

APPENDICES
APPENDIX A Letter of Tender................................................................................ 1 PAGE

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Book 1: Particular Condition of Contract

PARTICULAR CONDITIONS

The clause references stated herein shall be read in conjunction with the same sub-clauses as contained in the FIDIC
Client/Consultant Model Services Agreement, Fourth Edition 2006, as amended by the Additional Clauses

Sub clause Item Data

1 General Provisions

1.1.2 The Project is Project Number

Project Name: Consultancy Service to Conduct Energy Audits, Assess the

Adequacy, Integrity and Safety of Existing Electrical System and Design
Renewable Energy Systems

Commencement Date xxx December 2022

1.1.11 Time for Completion xx xxxx 2023

1.3.1 Language for Communications English

1.4.1 Language(s) of the Agreement English

1.4.1 Ruling Language English

1.4.1 Governing Law The Agreement shall be governed by international principles of law and
by the Agreement, to the exclusion of any choice of law rules which would
refer the Agreement to the laws of any given jurisdiction.

1.8.1 SR Clients Address World Food Programme, Regional Bureau for Eastern Africa in Nairobi
(RBN)

Block V ,UNON Compound,Gigiri, Nairobi P.O Box 2365 Nairobi,

00621, Kenya

1.8.1 SR Clients Email Communication through INTEND corsspondence

1.8.1 SR Clients Telephone Number

1.8.1 SR Clients Facsimile Number

1.8.1 SR Consultants Address

1.8.1 SR Consultants Email

1.8.1 SR Consultants Telephone Number

1.8.1 SR Consultants Facsimile Number

2 The Client

2.7.1 Client’s Representative WFP Regional Director, Regional Bureau For Eastern Africa (RBN)

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Book 1: Particular Condition of Contract

4 Commencement, Completion, Variation and Termination

4.2.1 SR The Services shall be commenced on the Commencement Date, shall proceed in accordance with the Time
Schedule in Book 3 [Remuneration, Payment, and Time Schedule for Services], and shall be completed within the
Time for Completion, subject to extensions in accordance with the Agreement.

If the Consultant does not complete the Project within the Time for Completion, the Employer is entitled, without
prejudice to any other rights or remedies, to deduct liquidated damages from monies due to the Consultant,
equivalent to 0.75 percent (0.75%) of the price of the Contract per day of delay, up to a maximum of ten percent
(10%) of the price of the Contract.

The Consultant hereby agrees that the payment obligations set forth in this clause are reasonable in light of the
anticipated harm and the difficulty of estimation or calculation of actual damages and represent a genuine pre-
estimate of the Employer's loss. The Consultant hereby waives the right to contest any such payment as void or
unenforceable, as amounting to a penalty or otherwise.

5 Payment

5.2.1 Time for Payment As per Stage Service Fee Schedule in Book 3

5.2.2 Agreed Compensation for Overdue 0%

Payment (Percent per Day)

5.3.1 SR The currencies applicable to the USD

Agreement are

6.2.1 Duration of Liability 10 Years

6.2.1 Reckoned from The date of signature of the Agreement

6.3.1 SR Limit of Compensation No Limit

7 Insurance

7.1.1 SR Insurance for liability and Indemnity Minimum level of Cover Permitted
Period
(each and every claim) Deductible

7.1.1 SR Professional Indemnity Insurance Not Applicable Not Applicable

7.1.1 SR Insurance against Injury to Persons

and Damage to Property (Public Not Applicable Project Duration
liability)

7.1.1 SR +Insurance for Contractor’s Personnel

Not Applicable Not Applicable
(Employer’s Liability)

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Book 1: Particular Condition of Contract

APPENDIX A

Letter of Tender

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Book 1: Particular Condition of Contract

[On the headed note paper of Tenderer]

Letter of Tender

NAME OF CONTRACT: Project Number & Project Name

TO: WORLD FOOD PROGRAMME

Regional Bureau for Eastern Africa, Nairobi (RBN) |UN Gigiri Compound, P.O Box 2365
Nairobi, 00621, Kenya

Dear Madam/Sir,

We have examined and understand the FIDIC Client / Consultant Model Services Agreement, the
Particular Conditions, Additional Clauses, Scope of Services and any other tender information
supplied, for the above Agreement.

We offer to provide and complete the Services required on the terms of and in conformity with
the documents referred to in the preceding paragraph for:

The fixed price lump sum fee of: __________________________________________

We agree to abide by this Tender until 60 days after the submission date and it shall remain binding
upon us and may be accepted at any time before that date. We acknowledge that the Particular
Conditions forms part of this Letter of Tender.

Terms used in this tender that are defined in those documents have the same meaning in this tender.
We submit with this tender a detailed breakdown of the tender price (if requested).

If this offer is accepted, we will commence the Services as soon as is reasonably practicable after the
Commencement Date, and complete the Services in accordance with the above-named documents
within the Time for Completion.

We understand that you are not bound to accept the lowest or any tender you may receive.

Yours,

Signature

in the capacity of [insert position in company]

duly authorised to sign tenders for and on behalf of [insert the full legal name of the Consultant]

Address:[insert the full legal address of the Consultant]

Date: [insert date]

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