THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF FINANCE

PUBLIC PROCUREMENT REGULATORY AUTHORITY

Standard Tendering Document

Procurement of Works
Smaller Works Contracts

Public Procurement Regulatory Authority

Ministry of Finance
P.O. Box 49,
Dar es Salaam

July 2005
 Standard Tendering Document

Procurement of Works
Smaller Works Contracts

Chief Executive Officer

Public Procurement Regulatory Authority
Ministry of Finance
P.O. Box 49,
Dar es Salaam

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 Preface
Procurement for works under public financed projects is carried out in accordance with policies and
procedures laid down in the Public Procurement Act No. 21 of 2004 (hereinafter called PPA 2004)
and the Public Procurement (Works Goods, Non-Consultant Services and Disposal of Public Assets
by Tender) Regulations, 2005 – Government Notice No. 97 of 15 th April, 2005 hereinafter called
Procurement Regulations).

This Standard Tendering Document has been prepared by the Public Procurement Regulatory
Authority (PPRA), Ministry of Finance, for use by procuring entities in the procurement of works
for small contracts valued at not more than Tshs. 1,000,000,000/= 1 by National Competitive
Tendering (NCT) procedures.

The objective of this Standard Tendering Document is to express in clear and simple terms
traditional procurement concepts and it is intended to be suitable for works of simple content and
short duration.

To obtain further information on procurement under public financed projects, contact:

Chief Executive Officer,

Public Procurement Regulatory Authority,
Ministry of Finance,
Tel: 2121236/7, 2133466
Fax: 2121238; Email: ceo@ppra.go.tz
P.O. Box 49,
Dar es Salaam

Link to Website: http://www.ppra.go.tz

1
This figure is subject to periodic review by the Public Procurement Regulatory Authority.

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 Introduction
This Standard Tendering Documents (STD) has been prepared by the Public Procurement
Regulatory Authority (PPRA) for use by public authorities and their implementing agencies in the
procurement of goods through International Competitive Tendering (ICT). The Public Procurement
Regulatory Authority has issued the procurement procedures to assist the Government procurement
in a consistent and efficient manner. The STDs are applicable to all public sector procurement and
derive their authority from the Public Procurement Act No. 21 of 2004 and the Procurement
(Goods, Works, Non-Consultant Service and Disposal of Public Assets by Tender) Regulations,
2005 – Government Notice No. 97. The document is intended to fulfill the objectives of Regulations
83(4) of the referred Procurement Regulations. A procuring entity shall use the appropriate standard
Tender documents (STD) issued by the Public Procurement Regulatory Authority as necessary to
address project specific issues. Any such changes shall be introduced through special conditions of
contract and not by introducing changes in the standard wording of the Public Procurement
Regulatory Authority’s STDs.

This STD for Smaller Works Contracts, is intended as a model for admeasurements (unit prices or
unit rates in a bill of quantities) and lump sum types of particular for buildings and other forms of
construction where the works are well defined and are unlikely to change in quantity or
specification, and where encountering difficult or unforeseen site conditions (for example hidden
foundation problems) is unlikely. The main text refers to admeasurements contracts. Alternative
clauses or texts are supplied for use with lump sum contracts2.

In order to simplify the preparation of the tendering documents for each procurement, this standard
tendering document groups the provisions that are intended to be used as follows:-

a) Section I: Invitation for Tenders

This section provides the relevant information for the invitation for tenders, specific
details such as the name of the Procuring Entity and address for tender submission, scope
of works, deadline for tender submission and on how the tendering documents are to be
obtained by prospective tenderers should be furnished in the Invitation for Tenders. The
final document should contain neither blank spaces nor options.

b) Section II: Instructions to Tenderers

This section provides relevant information to help Tenderers prepare responsive tenders in
accordance with the requirements of the Procuring Entity. Information is also provided on
the submission, opening and evaluation of tenders, the award of contracts and on
submitting complaints regarding the tender process. This section contains provisions that
are to be used without modification. These Instructions to Tenderers will not be part of the
Contract and will cease to have effect once the Contract is signed.

c) Section III: Tender Data Sheet (TDS)

This section consists of provisions that are specific to each procurement and that
supplement the information or requirements included in Section II. This section should
be filled out by the Procuring Entity prior to the issuance of the tendering documents.
2
Lump sum contracts should be used for works that can be defined in their full physical and qualitative characteristics
before tenders are called, or where the risks of substantial design variations are minimal usually construction of buildings,
pipelaying, power transmission towers, and series of small structures, such as bus shelters or school ablution units. In
lump sum contracts, the concept of priced “activity schedules” has been introduced, to enable payments to be made as “
activities” are completed. Payments can also be made on the basis of percentage completion of each activity.

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 d) Section IV: General Conditions of Contract

This section contains the general clauses to be applied to all contracts. The text of the
clauses in this section shall not be modified.

e) Section V: Special Conditions of Contract

This section contains Special Conditions of Contract specific to each contract that
modify or supplement Section IV General Conditions of Contract. The Special
Conditions of Contract should be filled out by the Procuring Entity prior to assurance of
the tendering documents.

f) Section VI: Specifications

This section contains the specifications for the works and materials to be incorporated in
the works. The specifications must be provided by the Procuring Entity prior to the
issuance of the tendering documents. The notes for preparing specifications are intended
only as information for the Procuring Entity or the person drafting the tendering
documents. The notes should not be included in the final documents.

g) Section VII: Drawings

This section contains the list of drawings that describe the works and related services to
be provided. The drawings should be prepared and furnished by the Procuring Entity
prior to the issuance of the tendering documents.

h) Section VIII: Bill of Quantities

This section contains the description of the various elements of the works in the form of
Bill of Quantities. The Bill of Quantities should be prepared and be furnished by the
Procuring Entity prior to the issuance of the tendering documents. The notes for
preparations a Bill of Quantities are intended only as information for the Procuring Entity
or the person drafting the tendering documents. The notes should not be included in the
final documents.

i) Section IX: Standard Forms, Qualification Information, Tender Security and Bank
Guarantee for Advance Payment

This section provides the qualification Information which must be provided by each
tenderer. In addition this section contains the forms for bank guarantee for advance
payment and the performance security. The performance security and advance payment
security, where required, should be furnished by the successful tenderer only.

j) Section X: Undertaking by tenderer on Anti – Bribery Policy/Code of Conduct and

Compliance Programme

This section contains the undertaking to be made by each tenderer on anti-bribery

policy/code of conduct and compliance programme. Each tenderer must submit, together
with its tender a statement as provided for under this section. Tenders which do not
conform to the requirements under this section shall not be considered.

Care should be taken to check the relevance of the provisions of the standard tendering documents
against the requirements of the specific works to be procured. The following general directions
should be observed when using the document:

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(i) All the documents listed in the Table of Contents are normally required for the
procurement of Works. However, they should be adapted as necessary to the
circumstances of the particular project.

(ii) Detail to be provided by the Procuring Entity prior to release of the tendering
documents are limited to the invitation for tenders, Tender Data Sheet and Special
Conditions of Contract, in addition to Specifications, Drawings, and Bill of Quantities
respectively. Specific details should be furnished in the spaces indicated by italicized
notes inside brackets. Those details not filled in by the Procuring Entity are the
responsibility of the tenderer.

(iii) Modifications for specific Project or Contract needs should be provided only in the
Special Conditions of Contract as amendments to Conditions of Contract. If
modifications must be made to tendering procedures, they can be presented in the
Tendering Data Sheet.

(iv) The notes inside boxes with single borders are not part of the text, but rather containing
instruction intended only as information for the person drafting the tendering
documents, as do the Preface and this Introduction Section. They should not be
incorporated in the final tendering documents. The cover should be modified as
required to identify the tendering documents as to the names of the Project, Contract
and Procuring Entity, in addition to date of issue.

(v) The notes inside boxes with double borders should be retained in the issued tendering
documents, since these notes provide important guidance to tenderers.

(vi) The standard documents have been prepared for tendering where either pre-
qualification or post-qualification applies. The process of pre-qualification of tenderers
is not covered in these standard tendering documents. Refer to Standard Pre-
qualification Documents, Procurement of Works issued by the Public Procurement
Regulatory Authority.

The Public Procurement Regulatory Authority welcomes any feedback or experience from the
use of this tendering document from tenderers and from others as well.

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 TABLE OF CONTENTS

Introduction..........................................................................................................................iii

SECTION I: INVITATION FOR TENDERS............................................................1

Notes on the Invitation for Tenders (IFT)............................................2

SECTION II: INSTRUCTIONS TO TENDERERS....................................................5

Notes on the Instructions to Tenderers (ITT)......................................6
Table of Clauses......................................................................................7

SECTION III: TENDER DATA SHEET.....................................................................25

Notes on Tender Data Sheet (TDS).....................................................26
Tender Data Sheet (TDS).....................................................................27

SECTION IV: GENERAL CONDITIONS OF CONTRACT...................................30

Notes on General Conditions of Contract (GCC)..............................32
Table of Clauses....................................................................................33

SECTION V: SPECIAL CONDITIONS OF CONTRACT......................................50

Notes on the Special Conditions of Contract (SCC)..........................51
Special Conditions of Contract (SCC)................................................52

SECTION VI: SPECIFICATIONS..............................................................................56

Notes on Specifications.........................................................................57

SECTION VII: DRAWINGS..........................................................................................59

Notes on Drawings................................................................................60

SECTION VIII: BILL OF QUANTITIES......................................................................61

Provisional Sums...................................Error! Bookmark not defined.

SECTION IX: SAMPLE FORMS................................................................................64

Notes on Sample Forms........................................................................65
Form of Tender.....................................................................................65

SECTION X: UNDERTAKING BY TENDERER ON ANTI – BRIBERY

POLICY / CODE OF CONDUCT AND COMPLIANCE
PROGRAMME.....................................................................................76

MEMORANDUM.................................................................................................................78

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SECTION I INVITATION FOR TENDERS

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 Notes on the Invitation for Tenders (IFT)

The Invitation for Tenders (see Regulation 9 and Regulation 80 of the Public Procurement (Goods,
Works, Non-Consultant Services and Disposal of Public Assets by Tender) Regulations, 2005 -
Government Notice No. 97 of 15th April, 2005) should be issued as:-

(a) an advertisement at least twice in one or more newspapers of national circulation; and

(b) a letter addressed to contractors who, following the publication of the General
Procurement Notice, had expressed interest in tendering for the Works.

Its purpose is to supply information to enable potential tenderers to decide on their participation.
Apart from the essential items listed in the sample documents, the Invitation for Tenders should also
indicate any important or unusual tender evaluation criteria (for example, the application of a
margin of preference or exclusive preference in tender evaluation).

If pre-qualification is used, the above notifications advertise a Request for Pre-qualification. After
the pre-qualification process, only the pre-qualified applicants shall receive the Invitation for
Tenders.

The Invitation for Tenders may be incorporated in the tendering documents merely for the record, or
it may be omitted. In either event, the information contained in the Invitation for Tenders should
conform to the tendering documents, and in particular, to the relevant information in the Tendering
Data and Special Conditions of Contract.

2
 [Insert Name of Procuring Entity]

[Insert logo]

Tender No. …………………….

for

[Insert title or brief description of the works]

Invitation for Tenders (IFT)

Date: ……………………………………….

1. This specific procurement Notice follows the General Procurement Notice for this Project
which appeared in [insert media] Issue no.[insert the issue No] dated [insert dates of issue
of GPN]3.

2. The Government of Tanzania has set aside funds for the operation of the [insert the name
procuring entity] during the financial year (insert the year under financing). It is intended
that part of the proceeds of the fund will be used to cover eligible payment under the
contract for the [insert the name of the contract]

or

The [insert name of Procuring Entity] has received/has applied for/intends to apply for a
[loan/credit /grant] from the [name of financing institution] towards the cost of [insert
name of project], and it intends to apply part of the proceeds of this [loan/credit] to cover
eligible payments under the contract for [insert name/no. of contract / grant]4.

3. The [Insert the name of the procuring entity] now invites sealed tenders from eligible
Tenderers for carrying out the [insert brief description of the works to be procured]56

4. Tendering will be conducted through the [insert method of procurement]7 procedures

specified in the Procurement (Goods, Works , Non Consultant Service and Disposal of
Public Assets by Tender) Regulations, 2005 – Government Notice No. 97 and is
open to national Tenderers only as defined in the Regulations 8 unless otherwise
stated in the Tender Data Sheet.
3
Day, month, year; for example, 30th July 2005. This should be skipped where no GPN was issued.
4
[Insert if applicable]. Occasionally, Contracts may be financed out of special funds that would further
restrict eligibility to a particular group of member countries. When this is the case, it should be mentioned
in this paragraph. Also indicate any margin of preference that may be granted as specified in the Loan or
Credit Contract and set forth in the tendering documents.
5
A brief description of the type(s) of works should be provided, including quantities, location of project,
and other information necessary to enable potential tenderes to decide whether or not to respond to the
invitation. Tendering documents may require tenderers to have specific experience or capabilities; such
restrictions should also be included in this paragraph.
6
[Insert if applicable.] The delivery period is [insert no. of days/months/years or dates].
7
Method should be National Competitive Tendering unless justified otherwise.

3
 5. Interested eligible Tenderers may obtain further information from and inspect the Tendering
Documents at the office of the [Insert the Physical, and postal address of the appropriate
Tender Board of the procuring entity] from [start and end of working hours] on Mondays to
Fridays inclusive except on public holidays.

6. A complete set of Tendering Document(s) and additional sets may be purchased by

interested Tenderers on the submission of a written application to the address given under
paragraph 4 above and upon payment of a non-refundable fee 9 of [insert the currency and
amount]. Payment should either be by Cash, Banker’s Draft, or Banker’s Cheque, payable
to [state organ to which payments are to be made].

7. All tenders in one original plus [Insert the number of copies required 10], properly filled in,
and enclosed in plain envelopes must be delivered to the address below [state address at the
end of document] at or before [insert time and date].

8. Tenders must be delivered to the address below [state physical address at the end of
document] at or before [insert time and date]. Tenders will be opened in public and in the
presence of Tenderers’ representatives who choose to attend in the opening at the [insert the
physical address of the place for tender opening]11.

9. Telegraphic, Telefax or similar submissions will not be accepted. Tenders not received and
not opened in public Tender opening ceremony shall not be accepted for evaluation
irrespective of the circumstances.

10. Qualified national contractors may be eligible to receive a margin of preference of [insert
percent] in tender evaluations pursuant to Regulations 25, 26 and 27 of Procurement of
Goods, Service(s), Non-Consultant Services and Disposal of Public Assets by Tender
Regulations, 2005 where international contractors have also been invited pursuant to para 4
above.

SECRETARY

[Insert the Tender Board of the procuring entity]

8
Works of value below 1,000,000,000/= Tshs are reserved for national tenderers as per Schedule for of
the Regulations;
9
The fee, to defray printing and mailing/shipping costs, should be nominal;
10
Number of copies should range from 3 – 5.
11
The office for tender opening may not necessarily be the same as that for inspection or issuance of
documents or for tender submission. If they differ, each address must appear at the end of paragraph 7
and be numbered; as, for example, (1), (2), (3). The text in the paragraph would then refer to address (1),
(2), etc. Only one office and its address may be specified for submission of tenders, and this location
should be as close as possible to the place where tenders will be opened to shorten the time between
tender submission and tender opening.

4
SECTION II: INSTRUCTIONS TO TENDERERS

5
 Notes on the Instructions to Tenderers (ITT)
This section of the tendering documents should provide the information necessary for tenderers to
prepare responsive tenders, in accordance with the requirements’ of the procuring entity. It should
also give information on tender submission, opening and evaluation, the award of Contract and how
to handle complaints from bidders.

Matters governing the performance of the Tenderer, payments under the Contract, or matters
affecting the risks, rights, and obligations of the parties under the Contract are not normally
included in this Section, but rather under Section IV, General Conditions of Contract, and /or
Section V, Special Conditions of Contract. If duplication of a subject is inevitable in the different
sections of the documents, care must be exercised to avoid contradiction between clauses dealing
with the same matter.

These Instructions to Tenderers will not be part of the Contract and will cease to have effect once
the Contract is signed.

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 Table of Clauses
A: Introduction...............................................................................................................9
1. Scope of Tender ...................................................................................................9
2. Source of Funds ...................................................................................................9
3. Eligible Tenderers ...................................................................................................9
4. One Tender per Tenderer .................................................................................................9
5. Cost of Tendering ...................................................................................................9
6. Site Visit ...................................................................................................9

B: Tendering Documents.............................................................................................10
7. Content of Tendering Documents ..................................................................................10
8. Clarification of Tendering Documents ..........................................................................10
9. Amendments to the Tendering Documents.........................................................10

C: Preparation of Tenders...........................................................................................10
10. Language of Tender 11
11. Documents Constituting the Tender...............................................................................11
12. Documents Establishing the Eligibility and Qualification of Tenderers
13. Slices and package 11
14. Tender Form ..............................................................................................................11
15. Tender Prices 11
16. Tender Currencies 12
17. Tender Validity Period...................................................................................................12
18. Tender Securing Declaration..........................................................................................13
19. Alternative Tender by Tenderers....................................................................................13
20. Format and Signing of Tender............................................................................13

D: Submission of Tenders............................................................................................14
21. Sealing and Marking of Tenders ...................................................................................14
22. Deadline for Submission of Tenders .............................................................................14
23. Late Tenders ............................................................................................................14
24. Modification and Withdrawal of Tenders...........................................................14

E: Opening and Evaluation of Tenders.....................................................................15

25. Tender Opening. ........................................................................................................15
26. Clarification of Tenders .................................................................................................16
27. Preliminary Examination of Tenders..............................................................................16
28. Technical Evaluation of Tenders....................................................................................16
29. Correction of Errors .................................................................................................16
30. Conversion to Single Currency.......................................................................................17
31. Evaluation and Comparison of Tenders.........................................................................17
32. Domestic Preference .................................................................................................17
33. Confidentiality .................................................................................................17

F: Award of Contract..............................................................................................................18
34. Post-qualification .................................................................................................18
35. Award Criteria .................................................................................................18
36. Procuring Entity’s Right to Accept any Tender to Reject any or all Tenders................18
37. Notification of Award 18
38. Signing of Contract ................................................................................................19
39. Performance Security ....................................................................................................19
40. Advance Payment 19

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 41. Adjudicator .................................................................................................................19
42. Fraud and Corruption .................................................................................................20

G: Right to Review...................................................................................................................21
43. Right to Review .................................................................................................21
44. Time limit on Review .................................................................................................21
45. Submission of Application for Review..........................................................................21
46. Administrative Procedure...............................................................................................22
47. Administrative Review by the Public Procurement Regulatory Authority....................22
48. Decision by the Public Procurement Regulatory Authority...........................................22

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 A. Introduction

1. Scope of Tender 1.1 The Procuring Entity indicated in the Tender Data Sheet
(TDS) invites tenders for the works as specified in the
Tender Data Sheet and Section VII, Specification.

1.2 The successful Tenderer will be expected to complete the

works by the required completion date specified in the Tender
Data Sheet.

2. Source of Funds 2.1 The source of funds is indicated in the Tender Data Sheet.

3. Eligible Tenderers 3.1 This Invitation for Tenders is open to all national tenderers
pursuant to Clause 32, except where otherwise is stated in the
Tender Data Sheet.

3.2 National tenderers shall satisfy all relevant licensing and/or

registration with the appropriate statutory bodies in Tanzania.

3.3 Government owned enterprises in the United Republic of

Tanzania may participate only if they can establish that they
(i) are legally and financially autonomous; and (ii) operate
under commercial law. No dependent agency of the Public
authority under public financed project shall be permitted to
Tender or submit a proposal for the procurement of goods or
works under the project.

4. One Tender per 4.1 Each tenderer shall submit only one tender, either individual
Tenderer or as a partner in a joint venture. A tenderer who submits or
participates in more than one tenders will be disqualified.

4.2 Partners in a joint venture shall be jointly and severally liable

for the execution of the Contract.

5. Cost of tendering 5.1 The tenderer shall bear all costs associated with the
preparation and submission of his tender, and the Procuring
Entity will in no case be responsible or liable for those costs
except in the circumstances described in Section 82(4)(f) of
the Public Procurement Act No. 21 of 2004 and Public
Procurement (Goods, Works, Non-Consultant Services and
Disposal of Public Assets by Tender) Regulations, 2005 -
Government Notice No. 97 of 15th April, 2005.

6. Site Visit 6.1 The tenderers, at the tenderer’s own responsibility and risk, is
encouraged to visit and examine the Site of Works and its
surroundings and obtain all information that may be necessary
for preparing the tender and entering into a contract for
construction of the Works. The costs of visiting the Site shall
be at the tenderer’s own expense.

6.2 The Procuring Entity may conduct a site visit and a pre-tender
meeting.

6.3 The Tenderer's designated representative is invited to attend a

9
 pre-tender meeting which, if convened, will take place at the
venue and time12 stipulated in the Tender Data Sheet.

6.4 Non attendance at the site or pre-tender meeting will not be a

cause for disqualification of a tenderer.

B. Tendering Documents

7. Content of 7.1 The set of tendering documents comprises the documents listed in
tendering the table below and addenda issued in accordance with Clause 9:
documents
Section II Instructions to Tenderers
Section III Conditions of Contract
Section IV Standard Forms:
i) Form of Tender
ii) Qualification Information
iii) Performance Security
iv) Bank Guarantee for Advance Payment
Section V Tender Data Sheet
Section VI Special Conditions of Contract
Section VII Specifications
Section VIII Drawings
Section IX Bill of Quantities or Activity Schedule for Lump
Sum Contracts.
Section IX Anti-Birbery Pledge
7.2 The number of copies to be completed and returned with the
tender is specified in the Tender Data Sheet.

8. Clarification of 8.1 A prospective tenderer may request the Procuring Entity in

Tendering writing for clarifications of the tendering documents. The
Documents Procuring Entity shall respond to such requests if he receives them
seven days prior to the deadline for submission of tenders. The
Procuring Entity shall also send copies of his response to all those
tenderers who have obtained the tendering documents, without
identifying the originator of the request. Similarly, prior to the
deadline for submission of tenders, the Procuring Entity may
modify the tendering documents by issuing addenda.

9. Amendments to 9.1 Before the deadline for submission of tenders, the Procuring
the Tendering Entity may modify the tendering documents by issuing addenda.
Documents
9.2 Any addendum thus issued shall be part of the tendering
documents pursuant to sub-Clause 8.1 and shall be communicated
in writing to all purchasers of the tendering documents 13.
Prospective tenderers shall acknowledge receipt of each
addendum to the Procuring Entity.

9.3 To give prospective tenderers reasonable time in which to take an

addendum into account in preparing their tenders, the Procuring
Entity shall extend, as necessary, the deadline for submission of

12
The meeting should take place not later than 14 days before the deadline for submission of tenders.
13
It is therefore important that the Procuring Entity to maintain a complete and accurate list of recipients
of the tendering documents and their addresses.

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 tenders, in accordance with sub-Clause 22.2 below.

C. Preparation of Tenders

10. Language of 10.1 All documents relating to the tender and Contract shall be in
tender English14.

11. Documents 11.1 The tender submitted by the tenderer shall comprise the following:-
comprising the a) The Tender Form (in the format indicated in Section IX);
tender b) Priced Bill of Quantities; and
c) Qualification Information and Documents
d) Any information or materials required to be completed and
submitted by Tenderers, as specified in the Tender Data
Sheet
12. Documents 12.1 All tenderers shall provide in Section IV – Qualification
Establishing Information, a preliminary description of the proposed work
Eligibility and method and schedule, including drawings and charts, as necessary.
Qualifications of
Tenderer
12.2 To qualify for award of the Contract, tenderers shall meet the
minimum qualifying criteria specified in the Tender Data Sheet.

12.3 Tenders submitted by a joint venture of two or more firms as

partners shall comply with the following requirements, unless
otherwise stated in the Tender Data Sheet:

a) the tender shall include all the information listed in the

Tender Data Sheet pursuant to sub-clause 12.3 above for
each joint venture partner;

b) the tender shall be signed so as to be legally binding on all

partners;

c) one of the partners will be nominated as being in charge, and

this authorization shall be evidenced by submitting a power
of attorney signed by legally authorized signatories of all the
partners;

d) the partner in charge shall be authorized to incur liabilities

and receive instructions for and on behalf of any and all
partners of a joint venture and the entire execution of the
Contract, including payment, shall be done exclusively with
the partner in charge;

e) all partners of the joint venture shall be liable jointly and

severally for the execution of the contract in accordance with
the contract terms and a statement to this effect shall be
included in the authorization mentioned under (c) above as
well as in the tender and in the Agreement (in case of a
14
Pursuant to Regulation 24(1) of the Public Procurement (Goods, Works, Non-Consultant Services and
Disposal of Public Assets by Tender) Regulations, 2005 - Government Notice No. 97 of 15th April,
2005) the tender documents may be in Kiswahili where Tanzanian tenderers are expected to submit
tenders (excluding joint ventures between Tanzanian and foreign firms) may, at the procuring entity's
option, in which case the Kiswahili shall be the governing language for such contracts.

11
 successful tender); and

f) a copy of the joint venture agreement into by all partners

shall be submitted with the tender. Alternatively, a Letter of
Intent to execute a joint venture agreement in the event of a
successful tender shall be signed by all partners and
submitted with the tender, together with a copy of the
proposed Agreement.

13. Slice and 13.1 When tendering for more than one contract under the slice and
package package arrangements, the tenderer must provide evidence that it
meets or exceeds the sum of all the individual requirements for the
slices or lots being tendered in regard to:-
a) average annual turnover;
b) particular experience including key production rates;
c) financial means, etc;
d) personnel capabilities; and
e) equipment capabilities.

13.2 In case the tenderer fails to fully meet any of these criteria, it may
be qualified only for those slices for which the tenderer meets the
above requirement.

14. Tender Form 14.1 The Tenderer shall complete the Tender Form furnished in the
Tendering Documents. The Tender Form must be completed
without any alterations to its format and no substitute shall be
accepted.

15. Tender prices 15.1 The Contract shall be for the whole Works, as described in sub-
Clause 1.1, based on the priced Bill of Quantities submitted by the
tenderer.

15.2 The tenderer shall fill in rates and prices for all items of the Works
described in the Bill of Quantities. Items for which no rate or price
is entered by the tenderer will not be paid for by the Procuring
Entity when executed and shall be deemed covered by the other
rates and prices in the Bill of quantities.

15.3 All duties, taxes and other levies payable by the Contractor under
the Contract, or for any other cause, as of the date 15 days prior to
the deadline for submission of tenders, shall be included in the
rates, prices and total tender price submitted by the tenderer.

15.4 The rates and prices quoted by the tenderer shall be subject to
adjustment during the performance of the Contract if provided for
in the Tender Data Sheet and the provisions of the Conditions of
Contract. The tenderer shall submit with the tender all the
information required under the Special Conditions of Contract.

16. Tender 16.1 The unit rates and prices shall be quoted by the tenderer entirely in
Currencies Tanzania shillings as specified in the Tender data Sheet.

16.2 Tenderers shall indicate details of their expected foreign currency

requirements in the tender, if any.

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 16.3 Tenderers may be required by the Procuring Entity to clarify their
foreign currency requirements and to substantiate that the amounts
included in the rates and prices and in the Special Conditions of
Contract are reasonable and responsive to sub-Clause 16.1.

17. Tender validity 17.1 Tenders shall remain valid for the period specified in the Tender
period Data Sheet15. A tender valid for a shorter period shall be rejected
by the Procuring Entity as being non-responsive. The Procuring
Entity may request that the tenderers extend the period of validity
for a specified additional period. The request and the tenderers’
responses shall be made in writing or by cable or by a fax. A
tenderer may refuse the request without 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.

17.2 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 will be increased 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.

18 Tender 18.1 The Tenderer shall furnish, as part of its tender a Tender
Securing Securing Declaration in the format provided in Section IX.
Declaration
18.2 Any Tender not accompanied by an acceptable Tender
Securing Declaration shall be rejected by the Procuring Entity
as non-responsive. The Tender Securing Declaration of a joint
venture must be in the name of the joint venture submitting
the tender.

18.3 A Tenderer shall be suspended from being eligible for

tendering in any contract with the Procuring Entity for the
period of time indicated in the Tender Securing Declaration:
(a) if the Tenderer withdraws its tender, except as
provided in ITT Sub-Clauses 17.1 and 24.1 or
(b) in the case of a successful Tenderer, if the
Tenderer fails within the specified time limit to:
(i) sign the contract, or
(ii) furnish the required performance security

19. Alternative 19.1 If so allowed in the Tender Data Sheet, tenderers wishing to offer
Tender by technical alternatives to the requirements of the tendering
Tenderers documents must also submit a tender that complies with the
requirements of the tendering documents, including the basic
technical design as indicated in the drawings and specifications. In
addition to submitting the basic tender, the tenderer shall provide
15
As provided for in Procurement Regulation 87(3), the tender validity period shall not exceed one
hundred and twenty days from the final date fixed for the submission of tenders but it may vary
depending on the nature and complexity of the contract.

13
 all information necessary for a complete evaluation of the
alternative by the Procuring Entity, including design calculations,
technical specifications, breakdown of prices, proposed
construction methods and other relevant details. Only the technical
alternatives, if any, of the lowest evaluated tenderer conforming to
the basic technical requirements shall be considered by the
Procuring Entity.

20. Format and 20.1 The Tenderer shall prepare one original of the documents
signing of comprising the tender as described in Clause 11 of these
tender Instructions to Tenderers, with the Form of Tender, and clearly
marked “ORIGINAL”. In addition, the tenderer shall submit
copies of the tender, in the number specified in the Tender Data
Sheet, and clearly marked as “COPIES”. In the event of
discrepancy between them, the original shall prevail.

20.2 The original and all copies of the tenders shall be typed or written
in indelible ink and shall be signed by a person or persons duly
authorized to sign on behalf of the tenderer. All pages of the tender
where entries or amendments have been made shall be initialed by
the person or persons signing the tender.

20.3 The tender shall contain no alterations or additions, except those to

comply with instructions issued by the Procuring Entity, or as
necessary to correct errors made by the tenderer, in which case,
such corrections shall be initialed by the person or persons signing
the tender.

D. Submission of Tenders

21. Sealing and 21.1 The Tenderer shall seal the original and each copy of the tender in
Marking of separate envelopes, duly marking the envelopes as “ORIGINAL
Tenders TENDER” and “COPY NO. [number]” The envelopes shall then be
sealed in an outer envelope. The number of copies is specified in
the Tender Data Sheet.

21.2 The inner and outer envelopes shall:

(a) be addressed to the Procuring Entity at the address provided
in the Tender Data Sheet;
(b) bear the name and identification number of the Contract as
defined in the tendering and Special Conditions of
Contract; and
(c) provide a warning not to open before the specified time and
date for tender opening as defined in the Tender Data
Sheet.

21.3 In addition to the identification required in sub-Clause 21.2, the

inner envelopes shall also indicate the name and address of the
tenderer to enable the tender be returned unopened in case it is
declared late, pursuant to sub-Clause 22.1

21.4 If the outer envelope is not sealed and marked as above, the
Procuring Entity will assume no responsibility for misplacement
or premature opening of the tender.

14
22. Deadline for 22.1 Tenders shall be delivered to the Procuring Entity at the address
submission of specified above no later than the time and date specified in the
tenders Tender Data Sheet.

22.2 The Procuring Entity may extend the deadline for submission of
tenders by issuing an amendment in accordance with Clause 8, in
which case all rights and obligations of the Procuring Entity and
the tenderers previously subject to the original deadline will then
be subject to the new deadline.

22.3 The extension of the deadline for submission of Tenders shall be

made not later than the period specified in the Tender Data Sheet
before the expiry of the original deadline.

23. Late tenders 23.1 Any tender received by the Procuring Entity after the deadline
prescribed in sub-Clause 22.1 will be returned unopened to the
tenderer.

24. Modification 24.1 A Tenderer may modify or withdraw or substitute his Tender
and withdrawal after it has been submitted, provided that written notice of the
of tenders modification, including substitution or withdrawal of the Tender,
is received by the Procuring Entity prior to the deadline
prescribed for submission of Tenders prescribed under sub-
Clause 22.1.

24.2 The Tenderer’s modification or withdrawal or substitution notice

shall be prepared, sealed, marked, and dispatched in accordance
with the provisions of ITT Clauses 21 and 22 with the outer and
inner envelopes additionally marked “MODIFICATION” or
“WITHDRAWAL” as appropriate. A withdrawal notice may
also be sent by cable, but followed by a signed confirmation copy,
postmarked not later than the deadline for submission of Tenders.

24.3 No tender may be modified after the deadline for submission of

tenders.

24.4 Tenderers may only offer discounts to, or otherwise modify the
prices of their tenders by submitting tender modifications in
accordance with this clause, or included in the original tender
submission. Discounts or any modification to tender prices not
submitted in accordance with Clause 24 shall be rejected.

E. Opening and Evaluation of Tenders

25 Tender Opening 25.1 The Procuring Entity will open the tenders, including
modifications in the presence of tenderers representatives who
choose to attend at the time and in the place specified in the
Tender Data Sheet. The tenderers, names, the tender prices, the
total amount of each tender, any discounts, tender modifications
and withdrawals will be announced by the Procuring Entity at the
opening as specified in the Tender Data Sheet.

25.2 Envelopes marked “WITHDRAWAL” shall be opened first and the

15
 name of the Tenderer shall be read out. Tenders for which an
acceptable notice of withdrawal has been submitted pursuant to
ITT Clause 23 shall not be opened. If the withdrawal envelop
does not contain a copy of the power of attorney confirming the
signature of the person duly authorized to sign on behalf of the
tenderer, the corresponding tender will be opened.

Subsequently, all envelopes marked “MODIFICATION” shall be

opened and the submissions therein read out in appropriate detail.

25.3 The tenderders’ names, the Tender Prices, including any

alternative Tender Price or deviation, any discounts, tender
modifications and withdrawals, the presence (or absence) of
tender security, and any such other details as the shown in the
Tender Data Sheet , will be announced by the Procuring Entity
at the opening.

25.4 One of the tenderers’ representative presents shall be nominated

to verify the information read out.

25.5 Tenders or modifications that are not opened and read out at
tender opening shall not be considered further for evaluation,
irrespective of the circumstances.

25.6 No tender will be rejected at tender opening except for late

tenders which will be returned unopened to the tenderer, pursuant
to Instructions to Tenderers Clause 23.

25.7 The Secretary shall prepare minutes of the tender opening,

including the information disclosed to those present in accordance
with ITT sub-Clause 25.3.

25.8 A copy of the minutes of the tender opening shall be furnished to

individual Tenderers upon request.

26. Clarification of 26.1 To assist in the examination, evaluation, and comparison of

tenders tenders, the Procuring Entity may, at the Procuring Entity’s
discretion, ask any tenderer for clarification of the tenderer’s
tender. The request for clarification and the response shall be in
writing or by cable, telex or facsimile, but no change in the price
or substance of the tender shall be sought, offered, or permitted
except as required to confirm the correction of arithmetic errors
discovered by the Procuring Entity in the evaluation of the tenders
in accordance with Clause 29.

27. Preliminary 27.1 Prior to the detailed evaluation of tenders, the Procuring Entity
Examination of will determine whether each tender is substantially responsive to
Tenders the requirements of the tendering documents. A substantially
responsive tender is one, which conforms to all the terms,
conditions and specifications of the tendering documents, without
material deviation or reservation. A material deviation or
reservation is one:
a) which affects in any substantial way the scope, quality or
performance of the Works; or
b) which limits in any substantial way, inconsistent with the

16
 documents, the Procuring Entity’s rights or the tenderer’s
obligations under the Contacts; or
c) whose rectifications would affect unfairly the competitive
position of other tenderers presenting substantially responsive
tenders.

27.2 If a tender is not substantially responsive, it will be rejected by the

Procuring Entity, and may not subsequently be made responsive
by correction or withdrawal of the non-conforming deviation or
reservation.

28. Technical 28.1 The Procuring Entity shall examine the Tender to confirm that all
Evaluation of terms and conditions specified in the General Conditions of
Tenders Contract and the Special Conditions of Contract have been
accepted by the Tenderer without any material deviation or
reservation.

28.2 If after the examination of the terms and conditions and the
technical evaluation, the Procuring Entity determines that the
Tender is not substantially responsive in accordance with sub-
Clause 26.2, it shall reject the Tender.

29. Correction of 29.1 Tenders determined to be substantially responsive will be checked

Errors by the Procuring Entity for any arithmetic errors. Errors will be
corrected by the Procuring Entity as follows:-
a) where there is a discrepancy between the amounts in
figures and in words, the amount in words will govern;
b) where there is a discrepancy between the unit rate and the
line item total resulting from multiplying the unit rate by
the quantity, the unit rate as quoted will govern; and
c) if the tenderer refuses to accept the correction, his tender
will be rejected.

30. Conversion to 30.1 Tender will be evaluated as quoted in Tanzania shillings as

Single Currency defined in the Tender Data Sheet in accordance with sub-Clause
16.1, unless a tenderer has used different exchange rates than
those prescribed in sub-Clause 16.2 in which case the tender will
be first converted into the amounts payable in different currencies
using the rates quoted in the tender and then reconverted to the
Tanzania shillings using the exchange rates prescribed in sub-
Clause 16.2.

31. Evaluation and 31.1 The Procuring Entity will evaluate and compare only the tenders
Comparison of determined to be substantially responsive in accordance with
Tenders Clause 26.

312 In evaluating the tenders, the Procuring Entity will determine for
each tender the evaluated tender price by adjusting the tender
price as follows:
a) making any correction for errors pursuant to Clause 29:
b) excluding provisional sums and the provision, if any for
contingencies in the Bill of Quantities, but including Day
work , where priced competitively ; and
c) making appropriate adjustments to reflect discounts or
other price modifications offered in accordance with sub-

17
 Clause 24.4.

31.3 The Procuring Entity may waive any minor informality or non-
conformity, which does not constitute a material deviation,
provided such waiver does not prejudice or affect the relative
standing of any tenderer. Variations, deviations, and alternative
offers and other factors, which are in excess of the requirements
of the tendering documents or otherwise result in unsolicited
benefits for the Procuring Entity will not be taken into account in
tender evaluation.

32. National 32.1 Works utilizing this STD shall be exclusively reserved for
Preference national contractors unless other wise is stated in the Tender
Data Sheet.

33. Confidentiality 33.1 Information relating to the examination, clarification evaluation

and comparison of tenders and recommendations for the award of
a contract shall not be disclosed until the award to the successful
tenderer has been announced. Any effort by a tenderer to
influence the Procuring Entity’s processing of tenders or award
decisions may result in the rejection of his tender.

F: Award of Contract

34. Post- 34.1 In the absence of pre-qualification, the Procuring Entity

qualification will determine to its satisfaction whether the Tenderer that
is selected as having submitted the lowest evaluated
responsive Tender is qualified to perform the contract
satisfactorily, in accordance with the criteria listed in ITT
sub-Clause 12.2.

34.2 The determination will take into account the Tenderer’s

financial, technical, and production capabilities. It will be
based upon an examination of the documentary evidence of
the Tenderer’s qualifications submitted by the Tenderer,
pursuant to ITT sub-Clause 12.2, as well as such other
information as the Procuring Entity deems necessary and
appropriate. Factors not included in these Tendering
documents shall not be used in the evaluation of the
Tenderers’ qualifications.

35. Award criteria 35.1 Subject to Clause 36 and 37, the Procuring Entity will
award the 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 qualified in
accordance with the provisions of Clause 12.

36 Negotiations 36.1 Negotiations may be undertaken with the lowest

evaluated tender relating to the following areas:
a) a minor alteration to the technical details of the
statement of requirements;
b) reduction of quantities for budgetary reasons,

18
 where the reduction is in excess of any provided
for in the solicitation documents;
c) a minor amendment to the special conditions of
contract;
d) finalising payment arrangements;
e) mobilisation arrangements;
f) agreeing final delivery or work schedule to
accommodate any changes required by the
procuring entity;
g) the methodology or staffing; or
h) clarifying details that were not apparent or could
not be finalised at the time of bidding.

36.2 Where negotiation fails to result into an agreement,

the Procuring Entity may invite the next ranked
tenderer for negotiations. Where negotiations are
commenced with the next ranked tenderer, the
Procuring Entity shall not reopen earlier negotiations.

37. Procuring 37.1 Notwithstanding Clause 35, the Procuring Entity reserves
Entity’s Right to the right to accept or reject any tender, and to cancel the
Accept any tendering process and reject all tenders, at any time prior to
Tender to Reject the award of Contract, without thereby incurring any
any or all liability to the affected tenderer or tenderers or any
Tenders obligation to inform the affected tenderer or tenders of the
grounds for the Procuring Entity’s action.

38. Notification of 38.1 The tenderer whose tender has been accepted will be
Award notified of the award by the Procuring Entity prior to
expiration of the tender validity period by registered letter.
This letter (hereinafter and in the Conditions of Contract
called the “Letter of Acceptance”) will state the sum that
the Procuring Entity will pay the Contractor in
consideration of the execution, completion, and
maintenance of the Works by the Contractor as prescribed
by the Contract (hereinafter and in the Contract called the
“Contract Price”).

38.2 The notification of award will constitute the formation of

the Contract, subject to the Tenderer furnishing the
Performance Security in accordance with Clause 41 and
signing the Agreement in accordance with sub-Clause 39.1.

39. Signing of 39.1 The Procuring Entity will send the successful tenderer the
Agreement Agreement form provided in the tendering documents
incorporating all agreements between the Procuring Entity
and the successful tender. It will be sent to the successful
tenderer with 15 days following the notification of award.
Within 15 day of receipt, the successful tenderer will sign
the Agreement and deliver it to the Procuring Entity.

39.2 Upon the receipt of the signed Agreement from the

19
 tenderer, the Procuring Entity will, within one week, notify
the other tenderers that their tenders have been
unsuccessful.

40. Performance 40.1 Within thirty (30) days after receipt of the Letter of
Security Acceptance, the successful tenderer shall deliver to the
Procuring entity a Performance Security in the amount and
in the form stipulated in the Tender Data Sheet,
denominated in the type and proportions of currencies in
the Letter of Acceptance and in accordance with the
Conditions of Contract.

40.2 If the Performance Security is provided by the successful

tenderer in the form of a Bank Guarantee or Insurance
Bond, it shall be issued either:
(a) at the tenderer's option, by a bank or insurance
firm located in the United Republic of Tanzania, or
a foreign bank or insurance firm through a
correspondent bank or insurance firm located in
the United Republic of Tanzania, or
(b) with the consent of the Procuring entity, directly
by a foreign bank acceptable to the Procuring
entity.

40.3 Failure of the successful tenderer to comply with the

requirements of sub-Clause 40.1 shall constitute sufficient
grounds for cancellation of the award and any other
remedy the Procuring entity may take under the Contract
and the Procuring entity may resort to awarding the
Contract to the next ranked tenderer.

41. Advance 41.1 The Procuring Entity will provide an Advance Payment as
Payment stipulated in the Conditions of Contract, subject to a
maximum amount, as stated in the Tender Data Sheet.
The Advance Payment request shall be accompanied by an
Advance Payment Security (Guarantee) in the form
provided in Section IX. For the purpose of receiving the
Advance Payment, the tenderer shall make and estimate of,
and include in its tender, the expenses that will be incurred
in order to commence work. These expenses will relate to
the purchase of equipment, machinery, materials, and on
the engagement of labour during the first month beginning
with the date of the Procuring Entity’s “Notice to Proceed”
as specified in the Special Conditions of Contract.

42. Adjudicator 42.1 The Procuring Entity proposes the person named in the
Tender Data Sheet to be appointed as Adjudicator under
the Contract, at an hourly fee specified in the Tender Data
Sheet, plus reimbursable expenses. If the tenderer
disagrees with this proposal, the tenderer should so state in
the Tender. If, in the Letter of Acceptance, the Procuring
Entity has not agreed on the appointment of the
Adjudicator, the Adjudicator shall be appointed by the
Appointing Authority designated in the Special Conditions
of Contract at the request of either party.

20
43. Fraud and 43.1 It is the Government of the United Republic of Tanzania’s
Corruption policy to require Procuring Entitys (including beneficiaries
of public funds), as well as tenderers/ suppliers/
contractors/concessionaires under public-financed projects,
programmers and studies, to observe the highest standards
of ethics during the procurement and the execution of
contracts under such projects, programmes and studies. In
pursuance of this policy, the Government of the United
republic of Tanzania requires that procuring entities shall
include in tendering documents, provisions against corrupt
practices.

43.2 The Government of the United Republic of Tanzania

defines, for the purposes of these provisions, the terms set
forth below as follows:
a) “corrupt practice” means the offering, giving receiving
or soliciting of any thing of value to influence the
action of a public official in the procurement process or
in contract execution, and includes, inter alia, bribery
and extortion or coercion which involve threats of
injury to person, property or reputation; and
b) “fraudulent practice” means a misrepresentation of
facts in order to influence a procurement process or
the execution of a contract to the detriment of the
procuring entity and includes collusive practice among
tenderers or between bidders and procuring entity
(prior to or after tender submission) designed to
establish tender prices at artificial, non competitive
level.

43.3 The Government of the United Republic of Tanzania will

following its own investigation and determination in
accordance with its procedures:
a) reject a proposal for award if it determines that the
tenderer recommended for award has engaged in
corrupt or fraudulent practices in competing for the
contract in question;
b) cancel the portion of the funds allocated to a contract
for goods or works if it at any time determines that
corrupt or fraudulent practices were engaged in by
representatives of the procuring entity or of a
beneficiary of the public funds during the
procurement or the execution of the contract; and
c) declare a firm ineligible, or for a period ten years to
be awarded a public – financed contract if it at any
time determined the firm has engaged in corrupt or
fraudulent practices in competing for or in executing,
a public-financed contract.

43.4 The Government of the United Republic of Tanzania

reserves the right, where a firm has been found by a foreign
country, international organization or other foreign
organization to have engaged in corrupt or fraudulent
practice, to declare that such a firm is ineligible, for a

21
 period of ten years to be awarded a public financed
Contract in the United Republic of Tanzania.

43.5 The Government of the United Republic of Tanzania will

have the right to require that, in contract financed by the
Government of the United Republic of Tanzania a
provision be included requiring suppliers and contractors to
permit the Government of the United Republic of Tanzania
to inspect their accounts and records relating to the
performance of the contract and to have them audited by
auditors appointed by the Government of the United
Republic of Tanzania.

G. Right to Review

44. Right to Review 44.1 A Tenderer who claims to have suffered or that may suffer any
loss or injury as a result of breach of a duty imposed on a
procuring entity by the Act or these Regulations in the course of
this procurement proceedings may seek a review in accordance
with the procedure set out under this Section.

45. Time Limit on 45.1 The Tenderer shall submit an application for review within
Review twenty-eight days of him becoming or should have become
aware of the circumstances giving rise to the complaint or
dispute.
46. Submission of 46.1 Any application for administrative review shall be submitted in
Applications for writing to the head of a Procuring Entity and a copy given to the
Review Public Procurement Regulatory Authority.

46.2 The application for administrative review shall include:

a) details of the procurement requirements to which the

complaint relates;

b) details of the provisions of the Act, Regulation or provision

that has been breached or omitted;

c) an explanation of how the provisions of the Act,

Regulation or provision has been breached or omitted,
including the dates and name of the responsible public
officer, where known;

d) documentary or other evidence supporting the complaint

where available;

e) remedies sought; and

f) any other information relevant to the complaint.

46.3 The head of a procuring entity shall not entertain a complaint or

dispute or continue to do so after the procurement contract has
entered into force.

22
47. Decision by the 47.1 The head of a Procuring Entity shall, within thirty days after
Head of Procuring receipt of the complaint or dispute, deliver a written decision
Entity which shall indicate:

a) whether the application is upheld in whole, in part or

rejected;

b) the reasons for the decision; and

c) any corrective measures to be taken;

47.2 Where the head of a Procuring Entity does not issue a decision
within the time specified in 47.1, the Tenderer submitting the
complaint or dispute or the procuring entity shall be entitled
immediately thereafter to institute proceedings under ITT Clause
48.1 and upon instituting such proceedings, the competence of
the head of a Procuring Entity to entertain the complaint or
dispute shall cease.

48. Administrative 48.1 A Tenderer may submit an application for review by the Public
Review by the Procurement Regulatory Authority where the head of a
Public procuring entity does not issue a decision within the time
Procurement specified in ITT Clause 47.1 or the Tenderer is not satisfied with
Regulatory the decision by the head of a Procuring Entity.
Authority
48.2 The application to the Public Procurement Regulatory Authority
for administrative review shall be submitted within fourteen
working days from the date of communication of the decision by
the head of a Procuring Entity or the date of expiry of the period
stated in sub-clause 47.1.

48.3 The application for administrative review shall be accompanied

by a payment of a fee prescribed in the Tender Data Sheet.

48.4 The application to the Public Procurement Regulatory Authority

for administrative review shall be copied to the respective head
of a Procuring Entity and shall include:

a) a copy of the original application to the head of a Procuring

Entity and the supporting documents;

b) a copy of relevant correspondence to and from the head of a

Procuring Entity;

c) a statement by the Tenderer that the head of a Procuring

Entity failed to issue a decision and the relevant dates, where
applicable; and

d) an explanation of why the Tenderer is not satisfied with the

decision of the head of a Procuring Entity, where applicable.

49. Decision Public 49.1 The Authority shall within thirty days after receipt of an
Procurement application for administrative review deliver a written decision
Regulatory which shall indicate:
Authority

23
 a) whether the application is upheld in whole, in part or
rejected;

b) the reasons for its decision; and

c) the corrective measures to be undertaken.

49.2 The decision of the Authority shall be final unless the tenderer
institutes an appeal with the Public Procurement Appeals
Authority.

50. Review by the 50.1 The tenderer not satisfied with the decision of the Public
Public Procurement Regulatory Authority or whose complaint cannot
Procurement be entertained by the Head of the Procuring Entity or the Public
Appeals Authority Procurement Regulatory Authority shall appeal to the Public
Procurement Appeals Authority

24
SECTION III TENDER DATA SHEET

25
 Notes on Tender Data Sheet (TDS)

This section is intended to assist the Procuring Entity in providing the specific information in relation
to corresponding clauses in the Instructions to Tenderers included in Section II, and has to be
prepared for each specific procurement.

The Procuring Entity should specify in the Tender Data Sheet information and requirements specific
to the circumstances of the Procuring Entity, the processing of the procurement, the applicable rules
regarding Tender price and currency, and the Tender evaluation criteria that will apply to the Tenders.
In preparing Section III, the following aspects should be checked:

(a) Information that specifies and complements provisions of Section II must be incorporated.

(b) Amendments and/or supplements, if any, to provisions of Section II as necessitated by the

circumstances of the specific procurement, must also be incorporated.

26
 Tender Data Sheet (TDS)

The following specific data for the works to be procured shall complement, supplement, or amend
the provisions in the Instructions to Tenderers (ITT). Whenever there is a conflict, the provisions
herein shall prevail over those in ITT.

[Instructions for completing the Tender Data Sheet are provided, as needed, in the notes in italics
mentioned for the relevant ITT Clause.]

TDS ITT Amendments of, and Supplements to, Clauses in the Instruction to
Clause Clause Tenderers
Number Number

Introduction

1. 1.1 The Procuring Entity is ………………………………[insert the name of

the procuring entity]

2. 1.1 Name of Project is

……………………………………..…………………………….…
[insert name and summary description of the Project]

3. 1.2 The expected completion date of the works is

………………………………. insert the expected completion date for
the works].

4. 2.1 Name of financing institution is

…………………………………………….…. [insert name if any]

5. 2.1 The loan/ credit number is ………………………………………….

[insert number if available].

6. 3.1 Only tenderers registered as …………………………………………

[insert whether Civil Engineering or Building Contractors] in Class
…………[insert relevant class of registration] with the Contractors
Registration Board are eligible.

This tender is: …………………………………………………. [indicate

whether exclusively reserved for national contractors or not 16].

7. 6.3 Pre-tender meeting will take place at ……………………………….

[insert venue] on ………………….. [insert date and time]

Or

Pre-tender meeting shall not be held.

[Delete whichever is applicable]

8. 7.2 The number of copies to be completed and returned with the tender is
………………………… [insert number of copies - minimum number of
16
As per regulations, exclusive reservation applies for projects of not more that 1,000,000,000/=. This is
subject to revision by the Minister of Finance. However, if there are no national contractors who can
undertake the works then exclusive preference shall be waived.

27
 copies should be three and maximum should be five].

Preparation and Submission of Tenders

9. 12.2 a) Copies of original documents defining the constitution or legal status,

place of registration, and principal, place of business; written power of
attorney authorizing the signatory of the tender to commit the tenderer.

b) The minimum required annual volume of construction work for the

successful tenderer in any of the last 2 years 17 shall be:
…………………………………………………………………… [Insert
figure in the currency specified in].

c) Experience as prime contractor in the construction of at least one

project of a nature and complexity equivalent to the Works the last 2
years or the period stated in a) above (to comply with this requirement,
works cited should be at least 70 percent complete)18.

d) The essential equipment to be made available for the Contract by the

successful tenderer (proposals for timely acquisition or own, lease, hire,
etc) shall be:

i) ……………………………………………………...(insert).

ii) ……………………………………………………...(insert).

iii) ……………………………………………………...(insert).

iv) ……………………………………………………...(insert).

e) A Site Manager with ……… years experience in works of an

equivalent nature and volume. [insert number of years].

f) Evidence of adequate working capital for this contract.

g) Information regarding litigation, current

10. 12.3 In the case of joint venture each partner shall submit information required
under Clause 9 of this TDS.

11. 15.4 The price shall be fixed

or
the price shall be adjustable.

[Delete the non-applicable option.]

12. 16.1 The currency in which the prices shall be quoted shall be: Tanzania shillings
29.1

13. 16.2 The authority for establishing the rates of exchange shall be Bank of
Tanzania.

17
This requirement may be waived for small projects of routine nature.
18
This requirement may also be waived for small projects of routine nature.

28
14. 17.1 The Tender validity period shall be …………….. days.

[The period should be sufficient to permit completion of the evaluation,

review of the recommended selection by the appropriate Tender board and
other co-financial, the obtainment of approvals, and notification of award.
Normally, the validity should be ninety (90) days. A realistic period should
be specified in order to avoid the need for extension.]

15. 19.1 Alternative tenders are allowed/not allowed in this tender [delete the
19.2 inapplicable]

16. 20.1 In addition to the original of the Tender, the Tenderer should submit
21.1 ……………..copies of the Tender [minimum number of copies should be
three and maximum should be five].

17. 21.2 a) For Tender submission purposes only, the Procuring Entity’s address is:
……………………………………………………………….
Street Address ………………………………………….…….
Building/Plot No. ……………………………………………
Floor/Room No. ……………………………………………..
City/Town ……………………………………………………
[Address of the Secretary of the appropriate Tender Board]

18. 21.2 b) Contract title and number is ……………………………………………….….

19. 22.1 The deadline for Tender submission is

a) Day ………………………………………
b) Date………………………………………
c) Time ……………………………………..

20. 22.3 The extension of the deadline for submission of Tenders shall be made not
later than ………………………………… [insert number of days; normally
not more than seven days] before the expiry of the original deadline.

Opening and Evaluation of Tenders

21. 25.1 The Tender opening shall take place at: [The time, date and day should be
the same as for Tender submission specified under ITT 20.1 above]
Street address ……………………………………………………………...….
Building/Plot No. ………………………………………..….……………...…
Floor/Room No. ………………………………………….……………...……
City/Town …………………………………………………………...….…….
Country ……………………………………….……….……………...….…...
Day ……………………………………………………………………...…….
Date ……………………………………………………………………...……
Time ……………………………………………………………………...…...

22. 32.1 Indicate the margin of preference in case international tenderers are invited:
…………………… [maximum national preference is 10%].

Award of Contract

29
 23. 39.1 The amount of performance security 19 is …………….. [indicate the
appropriate percentage.]

24. 40.1 The Advance Payment shall be …………………… [limited to a maximum

of fifteen (15) percent of the Contract Price].

25. 41.1 The proposed adjudicator for the project is:

……………………………………………………………………………
[insert name of the proposed adjudicator] whose hourly rate shall
be……………………… [insert proposed hourly rate].

Right to Review

26. 47.3 The administrative review by the Authority shall be accompanied by a fee of
Tshs. 10,000/=20

19
Normally up to 10%.
20
The amount of fee as per Fifth Schedule of Public Procurement (Works Goods, Non-Consultant Services
and Disposal of Public Assets by Tender) Regulations, 2005 – Government Notice No. 97 of 15th April,
2005 Public Procurement (Works Goods, Non-Consultant Services and Disposal of Public Assets by
Tender) Regulations, 2005 – Government Notice No. 97 of 15th April, 2005 is 10,000/ Tshs but is subject
to review.

30
SECTION IV: GENERAL CONDITIONS OF CONTRACT

31
 Notes on General Conditions of Contract (GCC)

The General Conditions of Contract, read in conjunction with the Special Conditions of Contract and
other documents listed therein, should be a complete document expressing fairly the rights and obligations
of both parties.

The form of General Conditions of Contract that follows has been developed on the basis of considerable
international experience in the drafting and management of contracts, bearing in mind a trend in the
construction industry towards simpler, more straightforward language.

The form can be used directly for smaller admeasurements contracts and, with the modifications noted in
the footnotes, it can be adapted for lump sum contracts.

The use of standard General Conditions of Contract for building and civil works in the country will
promote comprehensiveness of coverage, general acceptability of its provisions, savings in cost and time
in Tender preparation and review, and the development of a solid background of legal case histories.

32
 Table of Clauses

Notes on General Conditions of Contract (GCC)................................................34

A. General...............................................................................................................34
1. Definitions.........................................................................................34
2. Interpretation.....................................................................................35
3. Language and Law............................................................................36
4. Project Manager’s Decisions.............................................................36
5. Delegation.........................................................................................36
6. Communications................................................................................36
7. Subcontracting...................................................................................36
8. Other Contractors..............................................................................36
9. Personnel...........................................................................................36
10. Employer’s and Contractor’s Risks...................................................37
11. Employer’s Risks..............................................................................37
12. Contractor’s Risks.............................................................................37
13. Insurance...........................................................................................37
14. Site Investigation Reports.................................................................38
15. Queries about the Special Conditions of Contract............................38
16. Contractor to Construct the Works....................................................38
17. The Works to Be Completed by the Intended Completion Date.......38
18. Approval by the Project Manager.....................................................38
20. Protection of Environment
21. Labour Laws......................................................................................19
22. Health and Safety..............................................................................38
23. Discoveries........................................................................................38
24. Possession of the Site........................................................................39
25. Access to the Site..............................................................................39
26. Instructions, Inspections and Audits.................................................39
27. Disputes.............................................................................................39
28. Procedure for Disputes......................................................................39
29. Replacement of Adjudicator..............................................................39

B. Time Control......................................................................................................40
27. Programme........................................................................................40
28. Extension of the Intended Completion Date.....................................40
29. Acceleration.......................................................................................40
30. Delays Ordered by the Project Manager...........................................40
31. Management Meetings......................................................................40
32. Early Warning...................................................................................41

C. Quality Control..................................................................................................41
33. Identifying Defects............................................................................41
34. Tests..................................................................................................41
35. Correction of Defects........................................................................41
36. Uncorrected Defects..........................................................................41

D. Cost Control.......................................................................................................42

33
 37. Bill of Quantities...............................................................................42
38. Changes in the Quantities..................................................................42
39. Variations..........................................................................................42
40. Payments for Variations....................................................................42
41. Cash Flow Forecasts..........................................................................43
42. Payment Certificates..........................................................................43
43. Payments...........................................................................................43
44. Compensation Events........................................................................44
45. Tax.....................................................................................................45
46. Currencies..........................................................................................45
47. Price Adjustment...............................................................................45
48. Retention...........................................................................................46
49. Liquidated Damages..........................................................................46
50. Bonus.................................................................................................46
51. Advance Payment..............................................................................46
52. Securities...........................................................................................47
53. Dayworks..........................................................................................48
54. Cost of Repairs..................................................................................47

E. Finishing the Contract.......................................................................................47

55. Completion........................................................................................47
56. Taking Over.......................................................................................47
57. Final Account....................................................................................47
58. Operating and Maintenance Manuals................................................48
59. Termination.......................................................................................48
60. Payment upon Termination...............................................................49
61. Property.............................................................................................49
62. Release from Performance................................................................49
63. Suspension of Financing...................................................................49

34
 A. General
1. Definitions 1.1 Boldface type is used to identify defined terms.

The Adjudicator is the person appointed jointly by the Employer and the
Contractor to resolve disputes in the first instance, as provided for in
Clauses 24 and 25 hereunder.

Bill of Quantities means the priced and completed Bill of Quantities

forming part of the Bid.

Compensation Events are those defined in Clause 44 hereunder.

The Completion Date is the date of completion of the Works as certified

by the Project Manager, in accordance with Sub-Clause 55.1.

The Contract is the Contract between the Employer and the Contractor to
execute, complete, and maintain the Works. It consists of the documents
listed in Clause 2.3 below.

The Contractor is a person or corporate body whose Bid to carry out the
Works has been accepted by the Employer.

The Contractor’s Tender is the completed bidding document submitted

by the Contractor to the Employer.

The Contract Price is the price stated in the Letter of Acceptance and
thereafter as adjusted in accordance with the provisions of the Contract.

Days are calendar days; months are calendar months.

Dayworks are varied work inputs subject to payment on a time basis for
the Contractor’s employees and Equipment, in addition to payments for
associated Materials and Plant.

A Defect is any part of the Works not completed in accordance with the
Contract.

The Defects Liability Certificate is the certificate issued by Project

Manager upon correction of defects by the Contractor.

The Defects Liability Period is the period named in the Special

Conditions of Contract and calculated from the Completion Date.

Drawings include calculations and other information provided or

approved by the Project Manager for the execution of the Contract.

The Employer is the party who employs the Contractor to carry out the
Works.

Equipment is the Contractor’s machinery and vehicles brought

temporarily to the Site to construct the Works.

The Initial Contract Price is the Contract Price listed in the Employer’s
Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the
Contractor shall complete the Works. The Intended Completion Date is

35
 specified in the Special Conditions of Contract. The Intended
Completion Date may be revised only by the Project Manager by issuing
an extension of time or an acceleration order.
Materials are all supplies, including consumables, used by the Contractor
for incorporation in the Works.
Plant is any integral part of the Works that shall have a mechanical,
electrical, chemical, or biological function.
The Project Manager is the person named in the Special Conditions of
Contract (or any other competent person appointed by the Employer and
notified to the Contractor, to act in replacement of the Project Manager)
who is responsible for supervising the execution of the Works and
administering the Contract.
The Site is the area defined as such in the Special Conditions of
Contract.
Site Investigation Reports are those that were included in the bidding
documents and are factual and interpretative reports about the surface and
subsurface conditions at the Site.
Specification means the Specification of the Works included in the
Contract and any modification or addition made or approved by the
Project Manager.
The Start Date is given in the Special Conditions of Contract. It is the
latest date when the Contractor shall commence execution of the Works.
It does not necessarily coincide with any of the Site Possession Dates.
A Subcontractor is a person or corporate body who has a Contract with
the Contractor to carry out a part of the work in the Contract, which
includes work on the Site.
Temporary Works are works designed, constructed, installed, and
removed by the Contractor that are needed for construction or installation
of the Works.
A Variation is an instruction given by the Project Manager that varies the
Works.
The Works are what the Contract requires the Contractor to construct,
install, and turn over to the Employer, as defined in the Special
Conditions of Contract.

2. Interpretation 2.1 In interpreting these Conditions of Contract, singular also means plural,
male also means female or neuter, and the other way around. Headings
have no significance. Words have their normal meaning under the
language of the Contract unless specifically defined. The Project Manager
will provide instructions clarifying queries about these Conditions of
Contract.
2.2 If sectional completion is specified in the Special Conditions of
Contract, references in the Conditions of Contract to the Works, the
Completion Date, and the Intended Completion Date apply to any Section
of the Works (other than references to the Completion Date and Intended
Completion Date for the whole of the Works).

36
 2.3 The documents forming the Contract shall be interpreted in the following
order of priority:
(1) Agreement,
(2) Letter of Acceptance,
(3) Contractor’s Bid,
(4) Special Conditions of Contract,
(5) Conditions of Contract,
(6) Specifications,
(7) Drawings,
(8) Bill of Quantities,21 and
(9) Any other document listed in the Special Conditions of Contract as
forming part of the Contract.
3. Language and 3.1 The language of the Contract and the law governing the Contract are stated
Law in the Special Conditions of Contract.

4. Project 4.1 Except where otherwise specifically stated, the Project Manager will
Manager’s decide contractual matters between the Employer and the Contractor in the
Decisions role representing the Employer.

5. Delegation 5.1 The Project Manager may delegate any of his duties and responsibilities to
other people, except to the Adjudicator, after notifying the Contractor, and
may cancel any delegation after notifying the Contractor.

6. Communications 6.1 Communications between parties that are referred to in the Conditions
shall be effective only when in writing. A notice shall be effective only
when it is delivered.

7. Subcontracting 7.1 The Contractor may subcontract with the approval of the Project Manager,
but may not assign the Contract without the approval of the Employer in
writing. Subcontracting shall not alter the Contractor’s obligations.

8. Other 8.1 The Contractor shall cooperate and share the Site with other contractors,
Contractors public authorities, utilities, and the Employer between the dates given in
the Schedule of Other Contractors, as referred to in the Special
Conditions of Contract. The Contractor shall also provide facilities and
services for them as described in the Schedule. The Employer may modify
the Schedule of Other Contractors, and shall notify the Contractor of any
such modification

9. Personnel 9.1 The Contractor shall employ the key personnel named in the Schedule of
Key Personnel, as referred to in the Special Conditions of Contract, to
carry out the functions stated in the Schedule or other personnel approved
by the Project Manager. The Project Manager will approve any proposed
replacement of key personnel only if their relevant qualifications and
abilities are substantially equal to or better than those of the personnel
listed in the Schedule.

9.2 If the Project Manager asks the Contractor to remove a person who is a
member of the Contractor’s staff or work force, stating the reasons, the
Contractor shall ensure that the person leaves the Site within seven days
21
5 Or activity schedule for lumpsum contracts.

37
 and has no further connection with the work in the Contract.

10. Employer’s and 10.1 The Employer carries the risks which this Contract states are Employer’s
Contractor’s risks, and the Contractor carries the risks which this Contract states are
Risks Contractor’s risks.

11. Employer’s 11.1 From the Start Date until the Defects Correction Certificate has been
Risks issued, the following are Employer’s risks:

(a) The risk of personal injury, death, or loss of or damage to property

(excluding the Works, Plant, Materials, and Equipment), which are
due to

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

(ii) negligence, breach of statutory duty, or interference with any

legal right by the Employer or by any person employed by or
contracted to him except the Contractor.

(b) The risk of damage to the Works, Plant, Materials, and Equipment to
the extent that it is due to a fault of the Employer or in the
Employer’s design, or due to war or radioactive contamination
directly affecting the country where the Works are to be executed.

11.2 From the Completion Date until the Defects Correction Certificate has
been issued, the risk of loss of or damage to the Works, Plant, and
Materials is an Employer’s risk except loss or damage due to

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

(b) an event occurring before the Completion Date, which was not itself
an Employer’s risk, or

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

12. Contractor’s 12.1 From the Starting Date until the Defects Correction Certificate has been
Risks issued, the risks of personal injury, death, and loss of or damage to
property (including, without limitation, the Works, Plant, Materials, and
Equipment) which are not Employer’s risks are Contractor’s risks.

13. Insurance 13.1 The Contractor shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the end of the Defects
Liability Period, in the amounts and deductibles stated in the Special
Conditions of Contract for the following events which are due to the
Contractor’s risks:

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

(b) loss of or damage to Equipment;

(c) loss of or damage to property (except the Works, Plant, Materials,

and Equipment) in connection with the Contract; and

(d) personal injury or death.

13.2 Policies and certificates for insurance shall be delivered by the Contractor
to the Project Manager for the Project Manager’s approval before the Start

38
 Date. All such insurance shall provide for compensation to be payable in
the types and proportions of currencies required to rectify the loss or
damage incurred.

13.3 If the Contractor does not provide any of the policies and certificates
required, the Employer may effect the insurance which the Contractor
should have provided and recover the premiums the Employer has paid
from payments otherwise due to the Contractor or, if no payment is due,
the payment of the premiums shall be a debt due.

13.4 Alterations to the terms of an insurance shall not be made without the
approval of the Project Manager.

13.5 Both parties shall comply with any conditions of the insurance policies.

14. Site 14.1 The Contractor, in preparing the Bid, shall rely on any Site Investigation
Investigation Reports referred to in the Special Conditions of Contract, supplemented
Reports by any information available to the Tenderer.

15. Queries about 15.1 The Project Manager will clarify queries on the Special Conditions of
the Special Contract.
Conditions of
Contract

16. Contractor to 16.1 The Contractor shall construct and install the Works in accordance with
Construct the the Specifications and Drawings.
Works

17. The Works to 17.1 The Contractor may commence execution of the Works on the Start Date
Be Completed and shall carry out the Works in accordance with the Programme
by the Intended submitted by the Contractor, as updated with the approval of the Project
Completion Manager, and complete them by the Intended Completion Date.
Date

18. Approval by the 18.1 The Contractor shall submit Specifications and Drawings showing the
Project proposed Temporary Works to the Project Manager, who is to approve
Manager them if they comply with the Specifications and Drawings.

18.2 The Contractor shall be responsible for design of Temporary Works.

18.3 The Project Manager’s approval shall not alter the Contractor’s
responsibility for design of the Temporary Works.

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

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

19. Protection of the 19.1 The Contractors shall take all reasonable steps to protect the environment
Environment and to limit damage and nuisance to people and property resulting from
pollution, noise and other results of his operations.

19.2 The Contractors shall ensure that emissions, surface discharges and
effluent from his activities shall not exceed prescribed values in the

39
 environmental laws.

20. Labour Laws 20.1 The Contractor shall comply with all the relevant labour laws applicable in
the Country, including laws relating to workers employment, working
hours, health, safety, welfare, immigration and shall allow them all their
legal rights.

20.2 The Contractor shall require his employees to obey all applicable laws,
including those concerning safety at work.

21. Health and 21.1 The Contractor shall at all times take all reasonable precautions to
Safety maintain the health and safety of his personnel.

21.2 The Contractor shall ensure that first aid facilities are available at all times
at the site and that suitable arrangements are made for all necessary
welfare and hygiene requirements and for the prevention of epidemics.

21.3 The Contractor shall notify the Employer details of any accident as soon as
practicable after its occurrence. The Service Provider shall maintain
records and make reports concerning health, safety, and welfare of
persons, and damage to the property, as the Employer may reasonably
require.

21.4 The Contractor shall conduct an HIV-Aids awareness programme, and

shall take other such measures as specified in the SCC to reduce the risk of
transfer of HIV virus between and among Contractor personnel, the
Employers Staff and the surrounding community.

22. Discoveries 22.1 The Employer shall give possession of all parts of the Site to the
Contractor. If possession of a part is not given by the date stated in the
Special Conditions of Contract, the Employer will be deemed to have
delayed the start of the relevant activities, and this will be a Compensation
Event

23. Possession of the 23.1 The Employer shall give possession of all parts of the Site to the
Site Contractor. If possession of a part is not given by the date stated in the
Special Conditions of Contract, the Employer will be deemed to have
delayed the start of the relevant activities, and this will be a Compensation
Event.

24. Access to the 24.1 The Contractor shall allow the Project Manager and any person authorized
Site by the Project Manager access to the Site and to any place where work in
connection with the Contract is being carried out or is intended to be
carried out.

25. Instructions, 25.1 The Contractor shall carry out all instructions of the Project Manager
Inspections and which comply with the applicable laws where the Site is located.
Audits
25.2 The Contractor shall permit the Government of the United Republic of
Tanzania 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 Government of the United Republic of Tanzania, if so
required by the Government of the United Republic of Tanzania

26. Disputes 26.1 If the Contractor believes that a decision taken by the Project Manager was
either outside the authority given to the Project Manager by the Contract or
that the decision was wrongly taken, the decision shall be referred to the

40
 Adjudicator within 14 days of the notification of the Project Manager’s
decision.

27. Procedure for 27.1 The Adjudicator shall give a decision in writing within 28 days of receipt
Disputes of a notification of a dispute.

27.2 The Adjudicator shall be paid by the hour at the rate specified in the
Tender Data Sheet and Special Conditions of Contract, together with
reimbursable expenses of the types specified in the Special Conditions of
Contract, and the cost shall be divided equally between the Employer and
the Contractor, whatever decision is reached by the Adjudicator. Either
party may refer a decision of the Adjudicator to an Arbitrator within 28
days of the Adjudicator’s written decision. If neither party refers the
dispute to arbitration within the above 28 days, the Adjudicator’s decision
will be final and binding.

27.3 The arbitration shall be conducted in accordance with the arbitration

procedure published by the institution named and in the place shown in the
Special Conditions of Contract.22

28. Replacement of 28.1 Should the Adjudicator resign or die, or should the Employer and the
Adjudicator Contractor agree that the Adjudicator is not functioning in accordance with
the provisions of the Contract, a new Adjudicator will be jointly appointed
by the Employer and the Contractor. In case of disagreement between the
Employer and the Contractor, within 30 days, the Adjudicator shall be
designated by the Appointing Authority designated in the Special
Conditions of Contract at the request of either party, within 14 days of
receipt of such request.

B. Time Control
29. Programme 29.1 Within the time stated in the Special Conditions of Contract, the
Contractor shall submit to the Project Manager for approval a Programme
showing the general methods, arrangements, order, and timing for all the
activities in the Works.

29.2An update of the Programme shall be a programme showing the actual

progress achieved on each activity and the effect of the progress achieved
on the timing of the remaining work, including any changes to the
sequence of the activities.

27.2 The Contractor shall submit to the Project Manager for approval an
updated Programme at intervals no longer than the period stated in the
Special Conditions of Contract. If the Contractor does not submit an
updated Programme within this period, the Project Manager may withhold
the amount stated in the Special Conditions of Contract from the next
payment certificate and continue to withhold this amount until the next
payment after the date on which the overdue Programme has been
submitted.

27.3 The Project Manager’s approval of the Programme shall not alter the
Contractor’s obligations. The Contractor may revise the Programme and
submit it to the Project Manager again at any time. A revised Programme
shall show the effect of Variations and Compensation Events

22

41
28. Extension of 28.1 The Project Manager shall extend the Intended Completion Date if a
the Intended Compensation Event occurs or a Variation is issued which makes it
Completion impossible for Completion to be achieved by the Intended Completion Date
Date without the Contractor taking steps to accelerate the remaining work, which
would cause the Contractor to incur additional cost.

28.2 The Project Manager shall decide whether and by how much to extend the
Intended Completion Date within 21 days of the Contractor asking the
Project Manager for a decision upon the effect of a Compensation Event or
Variation and submitting full supporting information. If the Contractor has
failed to give early warning of a delay or has failed to cooperate in dealing
with a delay, the delay by this failure shall not be considered in assessing
the new Intended Completion Date.

29. Acceleration 29.1 When the Employer wants the Contractor to finish before the Intended
Completion Date, the Project Manager will obtain priced proposals for
achieving the necessary acceleration from the Contractor. If the Employer
accepts these proposals, the Intended Completion Date will be adjusted
accordingly and confirmed by both the Employer and the Contractor.

29.2 If the Contractor’s priced proposals for an acceleration are accepted by the
Employer, they shall be incorporated in the Contract Price and treated as a
Variation.

30. Delays Ordered 30.1 The Project Manager may instruct the Contractor to delay the start or
by the Project progress of any activity within the Works.
Manager

31. Management 31.1 Either the Project Manager or the Contractor may require the other to
Meetings attend a management meeting. The business of a management meeting
shall be to review the plans for remaining work and to deal with matters
raised in accordance with the early warning procedure.

31.2 The Project Manager shall record the business of management meetings
and provide copies of the record to those attending the meeting and to the
Employer. The responsibility of the parties for actions to be taken shall be
decided by the Project Manager either at the management meeting or after
the management meeting and stated in writing to all who attended the
meeting.

32. Early Warning 32.1 The Contractor shall warn the Project Manager at the earliest opportunity
of specific likely future events or circumstances that may adversely affect
the quality of the work, increase the Contract Price or delay the execution
of the Works. The Project Manager may require the Contractor to provide
an estimate of the expected effect of the future event or circumstance on
the Contract Price and Completion Date. The estimate shall be provided
by the Contractor as soon as reasonably possible.

32.2 The Contractor shall cooperate with the Project Manager in making and
considering proposals for how the effect of such an event or circumstance
can be avoided or reduced by anyone involved in the work and in carrying
out any resulting instruction of the Project Manager.

C. Quality Control

33. Identifying 33.1 The Project Manager shall check the Contractor’s work and notify the

42
 Defects Contractor of any Defects that are found. Such checking shall not affect
the Contractor’s responsibilities. The Project Manager may instruct the
Contractor to search for a Defect and to uncover and test any work that the
Project Manager considers may have a Defect.

34. Tests 34.1 If the Project Manager instructs the Contractor to carry out a test not
specified in the Specification to check whether any work has a Defect and
the test shows that it does, the Contractor shall pay for the test and any
samples. If there is no Defect, the test shall be a Compensation Event.

35. Correction of 35.1 The Project Manager shall give notice to the Contractor of any Defects
Defects before the end of the Defects Liability Period, 23 which begins at
Completion, and is defined in the Special Conditions of Contract. The
Defects Liability Period shall be extended for as long as Defects remain to
be corrected.

35.2 Every time notice of a Defect is given, the Contractor shall correct the
notified Defect within the length of time specified by the Project
Manager’s notice.

35.3 If the Contractor has not corrected a defect within the time specified in the
Employer’s notice, a penalty for lack of performance will be paid by the
Contractor. The amount to be paid will be calculated as a percentage of the
cost of having the defect correct, assessed as described in Clause 49.

36. Uncorrected 36.1 If the Contractor has not corrected a Defect within the time specified in the
Defects Project Manager’s notice, the Project Manager will assess the cost of
having the Defect corrected, and the Contractor will pay this amount.

D. Cost Control
37. Bill of 37.1 The Bill of Quantities shall contain items for the construction, installation,
Quantities24 testing, and commissioning work to be done by the Contractor.

37.2 The Bill of Quantities is used to calculate the Contract Price. The
Contractor shall be paid for the quantity of the work done at the rate in the
Bill of Quantities for each item.

38. Changes in the 38.1 If the final quantity of the work done differs from the quantity in the Bill
Quantities25 of Quantities for the particular item by more than 25 percent, provided the
change exceeds 1 percent of the Initial Contract Price, the Project Manager
23
The Defects Liability Period is usually limited to 12 months, but could be less in very simple cases.
24
In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule,” and replace
Sub-Clauses 37.1 and 37.2, as follows:
37.1 The Contractor shall provide updated Activity Schedules within 14 days of being instructed to
by the Project Manager. The activities on the Activity Schedule shall be coordinated with the
activities on the Programme.
37.2 The Contractor shall show delivery of Materials to the Site separately on the Activity Schedule
if payment for Materials on Site shall be made separately.
25
In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule,” and replace
entire Clause 38 with new Sub-Clause 38.1, as follows:
38.1 The Activity Schedule shall be amended by the Contractor to accommodate changes of
Programme or method of working made at the Contractor’s own discretion. Prices in the
Activity Schedule shall not be altered when the Contractor makes such changes to the Activity
Schedule.

43
 shall adjust the rate to allow for the change.

38.2 The Project Manager shall not adjust rates from changes in quantities if
thereby the Initial Contract Price is exceeded by more than 15 percent,
except with the prior approval of the Employer.

38.3 If requested by the Project Manager, the Contractor shall provide the
Project Manager with a detailed cost breakdown of any rate in the Bill of
Quantities.

39. Variations 39.1 All Variations shall be included in updated Programmes 26 produced by the
Contractor.

40. Payments for 40.1 The Contractor shall provide the Project Manager with a quotation for
Variations carrying out the Variation when requested to do so by the Project
Manager. The Project Manager shall assess the quotation, which shall be
given within seven days of the request or within any longer period stated
by the Project Manager and before the Variation is ordered.

40.2 If the work in the Variation corresponds with an item description in the
Bill of Quantities and if, in the opinion of the Project Manager, the
quantity of work above the limit stated in Sub-Clause 38.1 or the timing of
its execution do not cause the cost per unit of quantity to change, the rate
in the Bill of Quantities shall be used to calculate the value of the
Variation. If the cost per unit of quantity changes, or if the nature or
timing of the work in the Variation does not correspond with items in the
Bill of Quantities, the quotation by the Contractor shall be in the form of
new rates for the relevant items of work.27

40.3 If the Contractor’s quotation is unreasonable, the Project Manager may

order the Variation and make a change to the Contract Price, which shall
be based on the Project Manager’s own forecast of the effects of the
Variation on the Contractor’s costs.

40.4 If the Project Manager decides that the urgency of varying the work would
prevent a quotation being given and considered without delaying the work,
no quotation shall be given and the Variation shall be treated as a
Compensation Event.

40.5 The Contractor shall not be entitled to additional payment for costs that
could have been avoided by giving early warning.

41. Cash Flow 41.1 When the Programme28 is updated, the Contractor shall provide the Project
Forecasts Manager with an updated cash flow forecast. The cash flow forecast shall
include different currencies, as defined in the Contract, converted as
necessary using the Contract exchange rates.

42. Payment 42.1 The Contractor shall submit to the Project Manager monthly statements of
Certificates the estimated value of the work executed less the cumulative amount
certified previously.

42.2 The Project Manager shall check the Contractor’s monthly statement and
certify the amount to be paid to the Contractor.

26
In lump sum contracts, add “and Activity Schedules” after “Programmes”.
27
In lump sum contracts, delete this paragraph.
28
In lump sum contracts, add “or Activity Schedule” after “Programme”.

44
 42.3 The value of work executed shall be determined by the Project Manager.

42.4 The value of work executed shall comprise the value of the quantities of
the items in the Bill of Quantities completed.29

42.5 The value of work executed shall include the valuation of Variations and
Compensation Events.

42.6 The Project Manager may exclude any item certified in a previous
certificate or reduce the proportion of any item previously certified in any
certificate in the light of later information.

43. Payments 43.1 Payments shall be adjusted for deductions for advance payments and
retention. The Employer shall pay the Contractor the amounts certified by
the Project Manager within 28 days of the date of each certificate. If the
Employer makes a late payment, the Contractor shall be paid interest on
the late payment in the next payment. Interest shall be calculated from the
date by which the payment should have been made up to the date when the
late payment is made at the prevailing rate of interest for commercial
borrowing for each of the currencies in which payments are made.
43.2 If an amount certified is increased in a later certificate or as a result of an
award by the Adjudicator or an Arbitrator, the Contractor shall be paid
interest upon the delayed payment as set out in this clause. Interest shall
be calculated from the date upon which the increased amount would have
been certified in the absence of dispute.
43.3 Unless otherwise stated, all payments and deductions will be paid or
charged in the proportions of currencies comprising the Contract Price.
43.4 Items of the Works for which no rate or price has been entered in will not
be paid for by the Employer and shall be deemed covered by other rates
and prices in the Contract.
44. Compensation 44.1 The following shall be Compensation Events:
Events
(a) The Employer does not give access to a part of the Site by the Site
Possession Date stated in the Special Conditions of Contract.

(b) The Employer modifies the Schedule of Other Contractors in a way

that affects the work of the Contractor under the Contract.

(c) The Project Manager orders a delay or does not issue Drawings,
Specifications, or instructions required for execution of the Works on
time.

(d) The Project Manager instructs the Contractor to uncover or to carry

out additional tests upon work, which is then found to have no
Defects.

(e) The Project Manager unreasonably does not approve a subcontract

to be let.

(f) Ground conditions are substantially more adverse than could

reasonably have been assumed before issuance of the Letter of

29
In lump sum contracts, replace this paragraph with the following: “The value of work executed shall
comprise the value of completed activities in the Activity Schedule.”

45
 Acceptance from the information issued to bidders (including the
Site Investigation Reports), from information available publicly and
from a visual inspection of the Site.

(g) The Project Manager gives an instruction for dealing with an

unforeseen condition, caused by the Employer, or additional work
required for safety or other reasons.

(h) Other contractors, public authorities, utilities, or the Employer does

not work within the dates and other constraints stated in the
Contract, and they cause delay or extra cost to the Contractor.

(i) The advance payment is delayed.

(j) The effects on the Contractor of any of the Employer’s Risks.

(k) The Project Manager unreasonably delays issuing a Certificate of

Completion.

(l) Other Compensation Events described in the Contract or determined

by the Project Manager shall apply.

44.2 If a Compensation Event would cause additional cost or would prevent the
work being completed before the Intended Completion Date, the Contract
Price shall be increased and/or the Intended Completion Date shall be
extended. The Project Manager shall decide whether and by how much
the Contract Price shall be increased and whether and by how much the
Intended Completion Date shall be extended.

44.3 As soon as information demonstrating the effect of each Compensation

Event upon the Contractor’s forecast cost has been provided by the
Contractor, it shall be assessed by the Project Manager, and the Contract
Price shall be adjusted accordingly. If the Contractor’s forecast is deemed
unreasonable, the Project Manager shall adjust the Contract Price based on
the Project Manager’s own forecast. The Project Manager will assume
that the Contractor will react competently and promptly to the event.

44.4 The Contractor shall not be entitled to compensation to the extent that the
Employer’s interests are adversely affected by the Contractor’s not having
given early warning or not having cooperated with the Project Manager.

45. Tax 45.1 The Project Manager shall adjust the Contract Price if taxes, duties, and
other levies are changed between the date 28 days before the submission of
bids for the Contract and the date of the last Completion certificate. The
adjustment shall be the change in the amount of tax payable by the
Contractor, provided such changes are not already reflected in the Contract
Price or are a result of Clause 47.

46. Currencies 46.1 Where payments are made in currencies other than the Tanzania Shillings,
the exchange rates used for calculating the amounts to be paid shall be the
exchange rates stated in the Contractor’s Bid.

47. Price 47.1 Prices shall be adjusted for fluctuations in the cost of inputs only if
Adjustment provided for in the Special Conditions of Contract. If so provided, the
amounts certified in each payment certificate, before deducting for
Advance Payment, shall be adjusted by applying the respective price
adjustment factor to the payment amounts due in each currency. A

46
 separate formula of the type indicated below applies to each Contract
currency:

Pc = Ac + Bc Imc/Ioc

where:

Pc is the adjustment factor for the portion of the Contract Price payable in a
specific currency “c”.

Ac and Bc are coefficients30 specified in the Special Conditions of

Contract, representing the nonadjustable and adjustable portions,
respectively, of the Contract Price payable in that specific currency
“c”; and

Imc is the index prevailing at the end of the month being invoiced and Ioc
is the index prevailing 28 days before Bid opening for inputs
payable; both in the specific currency “c”.

47.2 If the value of the index is changed after it has been used in a calculation,
the calculation shall be corrected and an adjustment made in the next
payment certificate. The index value shall be deemed to take account of
all changes in cost due to fluctuations in costs.

48. Retention 48.1 The Employer shall retain31 from each payment due to the Contractor the
proportion stated in the Special Conditions of Contract until Completion
of the whole of the Works.

48.2 On completion of the whole of the Works, half the total amount retained
shall be repaid to the Contractor and the other half when the Defects
Liability Period has passed and the Project Manager has certified that all
Defects notified by the Project Manager to the Contractor before the end of
this period have been corrected.

48.3 On completion of the whole Works, the Contractor may substitute

retention money with an “on demand” Bank guarantee.

49. Liquidated 49.1 The Contractor shall pay liquidated damages 32 to the Employer at the rate
Damages per day stated in the Special Conditions of Contract for each day that the
Completion Date is later than the Intended Completion Date. The total
amount of liquidated damages shall not exceed the amount defined in the
Special Conditions of Contract. The Employer may deduct liquidated
damages from payments due to the Contractor. Payment of liquidated
damages shall not affect the Contractor’s liabilities.

49.2 If the Intended Completion Date is extended after liquidated damages have
been paid, the Project Manager shall correct any overpayment of
liquidated damages by the Contractor by adjusting the next payment
certificate. The Contractor shall be paid interest on the overpayment,

30
The sum of the two coefficients Ac and Bc should be 1 (one) in the formula for each currency.
Normally, both coefficients will be the same in the formulae for all currencies, since coefficient A, for the
nonadjustable portion of the payments, is a very approximate figure (usually 0.15) to take account of
fixed cost elements or other nonadjustable components. The sum of the adjustments for each currency
are added to the Contract Price.
31
The retention amount is usually close to 5 percent and in no case exceeds 10 percent.
32
Usually liquidated damages are set between 0.05 percent and 0.10 percent per day, and the total
amount is not to exceed between 5 percent and 10 percent of the Contract Price.

47
 calculated from the date of payment to the date of repayment, at the rates
specified in Sub-Clause 43.1.

49.3 If the Contractor has not corrected a defects within the time specified in
the Employer’s notice, the Employer will assess the cost of having the
defect corrected, the Contractor will pay this amount, and a penalty for
lack of performance calculated as described in Clause 35.

50. Bonus 50.1 The Contractor shall be paid a Bonus33 calculated at the rate per calendar
day stated in the Special Conditions of Contract for each day (less any
days for which the Contractor is paid for acceleration) that the Completion
is earlier than the Intended Completion Date. The Project Manager shall
certify that the Works are complete, although they may not be due to be
complete.

51. Advance 51.1 The Employer shall make advance payment to the Contractor of the
Payment amounts stated in the Special Conditions of Contract by the date stated
in the Special Conditions of Contract, against provision by the
Contractor of an Unconditional Bank Guarantee in a form and by a bank
acceptable to the Employer in amounts and currencies equal to the advance
payment. The Guarantee shall remain effective until the advance payment
has been repaid, but the amount of the Guarantee shall be progressively
reduced by the amounts repaid by the Contractor. Interest will not be
charged on the advance payment.

51.2 The Contractor is to use the advance payment only to pay for Equipment,
Plant, Materials, and mobilization expenses required specifically for
execution of the Contract. The Contractor shall demonstrate that advance
payment has been used in this way by supplying copies of invoices or
other documents to the Project Manager.

51.3 The advance payment shall be repaid by deducting proportionate amounts

from payments otherwise due to the Contractor, following the schedule of
completed percentages of the Works on a payment basis. No account shall
be taken of the advance payment or its repayment in assessing valuations
of work done, Variations, price adjustments, Compensation Events,
Bonuses, or Liquidated Damages.

52. Securities 52.1 The Performance Security shall be provided to the Employer no later than
the date specified in the Letter of Acceptance and shall be issued in an
amount and form and by a bank or surety acceptable to the Employer, and
denominated in the types and proportions of the currencies in which the
Contract Price is payable. The Performance Security shall be valid until a
date 28 days from the date of issue of the Certificate of Completion in the
case of a Bank Guarantee, and until one year from the date of issue of the
Completion Certificate in the case of a Performance Bond.

53. Dayworks 53.1 If applicable, the Dayworks rates in the Contractor’s Bid shall be used for
small additional amounts of work only when the Project Manager has
given written instructions in advance for additional work to be paid for in
that way.

53.2 All work to be paid for as Dayworks shall be recorded by the Contractor
on forms approved by the Project Manager. Each completed form shall be
33
If early completion would provide benefits to the Employer, this clause should remain; otherwise
delete. The Bonus is usually numerically equal to the liquidated damages.

48
 verified and signed by the Project Manager within two days of the work
being done.

53.3 The Contractor shall be paid for Dayworks subject to obtaining signed
Dayworks forms.

54. Cost of Repairs 54.1 Loss or damage to the Works or Materials to be incorporated in the Works
between the Start Date and the end of the Defects Correction periods shall
be remedied by the Contractor at the Contractor’s cost if the loss or
damage arises from the Contractor’s acts or omissions.

E. Finishing the Contract

55. Completion 55.1 The Contractor shall request the Project Manager to issue a certificate of
Completion of the Works, and the Project Manager will do so upon
deciding that the work is completed.

56. Taking Over 56.1 The Employer shall take over the Site and the Works within seven days of
the Project Manager’s issuing a certificate of Completion.

57. Final Account 57.1 The Contractor shall supply the Project Manager with a detailed account of
the total amount that the Contractor considers payable under the Contract
before the end of the Defects Liability Period. The Project Manager shall
issue a Defects Liability Certificate and certify any final payment that is
due to the Contractor within 56 days of receiving the Contractor’s account
if it is correct and complete. If it is not, the Project Manager shall issue
within 56 days a schedule that states the scope of the corrections or
additions that are necessary. If the Final Account is still unsatisfactory
after it has been resubmitted, the Project Manager shall decide on the
amount payable to the Contractor and issue a payment certificate.

58. Operating and 58.1 If “as built” Drawings and/or operating and maintenance manuals are
Maintenance required, the Contractor shall supply them by the dates stated in the
Manuals Special Conditions of Contract.

58.2 If the Contractor does not supply the Drawings and/or manuals by the
dates stated in the Special Conditions of Contract, or they do not receive
the Project Manager’s approval, the Project Manager shall withhold the
amount stated in the Special Conditions of Contract from payments due
to the Contractor.

59. Termination 59.1 The Employer or the Contractor may terminate the Contract if the other
party causes a fundamental breach of the Contract.

59.2 Fundamental breaches of Contract shall include, but shall not be limited to,
the following:

(a) the Contractor stops work for 28 days when no stoppage of work is
shown on the current Programme and the stoppage has not been
authorized by the Project Manager;

(b) the Project Manager instructs the Contractor to delay the progress of
the Works, and the instruction is not withdrawn within 28 days;

(c) the Employer or the Contractor is made bankrupt or goes into

49
 liquidation other than for a reconstruction or amalgamation;
(d) a payment certified by the Project Manager is not paid by the
Employer to the Contractor within 84 days of the date of the Project
Manager’s certificate;
(e) the Project Manager gives Notice that failure to correct a particular
Defect is a fundamental breach of Contract and the Contractor fails
to correct it within a reasonable period of time determined by the
Project Manager;
(f) the Contractor does not maintain a Security, which is required; and
(g) the Contractor has delayed the completion of the Works by the
number of days for which the maximum amount of liquidated
damages can be paid, as defined in the Special Conditions of
Contract.
(h) if the Contractor, in the judgment of the Employer has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract.
For the purpose of this paragraph:
“corrupt practice” means the offering, giving, receiving or soliciting
of any thing of value to influence the action of a public official in
the procurement process or in contract execution and includes inter
alia, bribery and extortion or coercion which involves threats of
injury to person ,property or reputation, and.
“fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Employer, and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Employer of the benefits of free and open competition.
59.3 When either party to the Contract gives notice of a breach of Contract to
the Project Manager for a cause other than those listed under Sub-Clause
59.2 above, the Project Manager shall decide whether the breach is
fundamental or not.
59.4 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
59.5 If the Contract is terminated, the Contractor shall stop work immediately,
make the Site safe and secure, and leave the Site as soon as reasonably
possible.
60. Payment upon 60.1 If the Contract is terminated because of a fundamental breach of Contract
Termination by the Contractor, the Project Manager shall issue a certificate for the
value of the work done and Materials ordered less advance payments
received up to the date of the issue of the certificate and less the
percentage to apply to the value of the work not completed, as indicated in
the Special Conditions of Contract. Additional Liquidated Damages shall
not apply. If the total amount due to the Employer exceeds any payment
due to the Contractor, the difference shall be a debt payable to the
Employer.

50
 60.2 If the Contract is terminated for the Employer’s convenience or because of
a fundamental breach of Contract by the Employer, the Project Manager
shall issue a certificate for the value of the work done, Materials ordered,
the reasonable cost of removal of Equipment, repatriation of the
Contractor’s personnel employed solely on the Works, and the
Contractor’s costs of protecting and securing the Works, and less advance
payments received up to the date of the certificate.

61. Property 61.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works
shall be deemed to be the property of the Employer if the Contract is
terminated because of the Contractor’s default.
62. Release from 62.1 If the Contract is frustrated by the outbreak of war or by any other event
Performance entirely outside the control of either the Employer or the Contractor, the
Project Manager shall certify that the Contract has been frustrated. The
Contractor shall make the Site safe and stop work as quickly as possible
after receiving this certificate and shall be paid for all work carried out
before receiving it and for any work carried out afterwards to which a
commitment was made.
63. Suspension of 63.1 In the event that the source of financing is suspended to the Employer,
Financing from which part of the payments to the Contractor are being made:
(a) The Employer is obligated to notify the Contractor of such
suspension within 7 days of having received the financing agency’s
suspension notice.
(b) If the Contractor has not received sums due it within the 28 days for
payment provided for in Sub-Clause 43.1, the Contractor may
immediately issue a 14-day termination notice.

51
SECTION V: SPECIAL CONDITIONS OF CONTRACT

52
 Notes on the Special Conditions of Contract (SCC)

Similar to the Tender Data Sheet in Section III, the clauses in this Section V are intended to assist
the Employer in providing Contract-specific information in relation to corresponding clauses in the
General Conditions of Contract (GCC).

The provisions of Section V complement the GCC included in Section IV, specifying contractual
requirements linked to the special circumstances of the Employer and the United Republic of
Tanzania

53
 Special Conditions of Contract (SCC)

The following Special Conditions of Contract shall supplement the General editions of Contract.
Whenever there is a conflict, the provisions herein shall prevail over those in the General
Conditions of Contract. Except where otherwise indicated, all Special Conditions of Contract should
be filled in by the Employer prior to issuance of the tendering documents. Schedules and reports to
be provided by Employer should be annexed.

[Instructions for completing the Special Conditions of Contract are provided as needed in the notes
in italics mentioned for the relevant SCC. Where sample provisions are furnished, they are only
illustrative of the provisions that the Employer should draft specifically for each procurement.]

SCC GCC Description

Clause Clause
1 1.1 The Employer is [Name, address, and name of authorized
representative].

The Project Manager is [Name, address, and name of authorized

representative].

The name and identification number of the Contract is [insert name

and number as indicated in the Invitation for Tenders (or Pre-
qualification, if any)].

The Works consist of [summary, including relationship to other

Contracts under the Project].

The Start Date shall be [insert date].

The Intended Completion Date for the whole of the Works shall be
[insert date].34

The following documents also form part of the Contract: [list

documents]

The Site is located at [insert location] and is defined in drawings No:

[insert numbers].

2. 2.2 Insert whether there is section completion is specified [specified/not

specified].

3. 2.3(9) List other documents that form part of the contract if any:
a)………………………………………………………………..
b)………………………………………………………………..
c)………………………………………………………………..

4 3.1 The language of the Contract documents is [insert language].

The law that applies to the Contract is the Tanzanian Law.

34
If different dates are specified for completion of the Works by section (“sectional completion”), these dates should be listed here.

54
 5 8.0
6 9.0
7 13.0
Include the Schedule of Other Contractors, if any.
[give list of other contractors]
Include the Schedule of Key Personnel.
[Give list of key personnel]
The minimum insurance covers shall be:

(a) The maximum deductible for insurance of the Works and of

Plant and Materials is [amount].

(b) The minimum cover for insurance of the Works and of

Plant and Materials in respect of the Contractors faulty
design is [amount].

(c) The maximum deductible for insurance of Equipment is

[amount].

(d) The minimum cover for loss or damage to Equipment is

[amount].

(e) The maximum deductible for insurance of other property is

[amount].

(f) The minimum for insurance of other property is [amount].

(g) The minimum cover for personal injury or death insurance

(i) for the Contractor's employees is [amount].

(ii) and for other people is [amount].

8 14.1 Site Investigation Reports available to the tenderer are:

a)………………………………………………………………..
b)………………………………………………………………..
c)………………………………………………………………..

9 21.1 & 44.1 The Site Possession Date shall be [insert date].35

10 25.2 Hourly rate of Fees payable to the Adjudicator is:………………..

[insert hourly fee in Tshs.]

Types of reimbursable expenses to be paid to the Adjudicator

include: [insert types of reimbursable expenses].
a)………………………………………………………………..
b)………………………………………………………………..
c)………………………………………………………………..

11 25.3 Arbitration will take place in accordance with rules and regulations
published by ……………………….. [state the institutions].

12 26.1 Appointing Authority for the Adjudicator: Tanzania Institute of

Arbitrators.

13 27.1 The Contractor shall Submit a Programme for the Works within
35
If the Site is made available by section, the different dates should be listed here.

55
 [number] days of delivery of the Letter of Acceptance.

14 27.3 The period between Programme updates is [number] days.

15 27.3 The amount to be withheld by the Project Manager in the case the
contractor does not submit an updated programme is:
…………………. [State amount].

16 35.1 The Defects Liability Period is [number] days.

17 47.0 List cost inputs whose prices shall be subject to price fluctuations:
a)………………………………………………………………..
b)………………………………………………………………..
c)………………………………………………………………..

The coefficient36 Ac shall be …………………… and coefficient B c

shall be …………………… [insert the value of coefficient].

18 48.1 The amount of retention37 is ………………….. [state the amount].

19 49.1 The amount of liquidated damages38 is ………………….. [state the

amount].

20 49.1 The total amount of liquidated damages 39 is ………………….. [state

the amount].

21 50.1 The bonus40 for early completion is ………………………….. [state

the amount].

22 51.1 The amount of advance payment41 shall be …………. per cent of the
contract sum payable by ……………………… [insert date].

23 58.1 As built drawings shall be supplied by the contractor by

………………………. [insert date if applicable].

Operating manual shall be supplied by the contractor by

………………………. [insert date if applicable].

24 58.2 The amount to be withheld by the Project Manager in the case the
contractor does not submit as built drawings is:………………….
[State amount if applicable].

The amount to be withheld by the Project Manager in the case the

contractor does not submit operating manual is:………………….

36
The sum of the two coefficients A, and B. should be 1 (one) in the formula for each currency,
Normally, both coefficients will be the same in the formulae for all currencies, since coefficient A, for the
nonadjustable portion of the payments, is a very approximate figure (usually 0. 15) to take account of
fixed cost elements or other nonadjustable components. The sum of the adjustments for each currency are
added to the Contract Price.
37
The retention amount is usually close to 5 percent and in no case exceeds 10 percent.
38
Usually liquidated damages are set between 0.05 percent and 0. 10 percent per day.
39
The total amount is not to exceed between 5 percent and 10 percent of the Contract Price.
40
If early completion would provide benefits to the Employer, this clause should remain; otherwise
delete. The Bonus is usually numerically equal to the liquidated damages.
41
Amount of advance payment shall not exceed 15 percent of the contract sum.

56
 [State amount if applicable].

25 59.2 (g) Number of days for which the maximum amount of liquidated
damages can be paid is …………………. [insert number of days].

26 60.1 The percentage to apply to the value of the work not completed,
representing the Employer's additional cost for completing the
Works, is [percent].

57
 SECTION VI: SPECIFICATIONS

Notes on Specifications

A set of precise and clear specifications is a prerequisite for tenderers to respond realistically and
competitively to the requirements of the Employer without qualifying or conditioning their tenders.
In the context of competitive tendering, the specifications must be drafted to permit the widest
possible competition and, at the same time, present a clear statement of the required standards of
workmanship, materials, and performance of the goods and services to be procured. Only if this is
done will the objectives of economy, efficiency, and fairness in procurement be realized,
responsiveness of tenders be ensured, and the subsequent task of Tender evaluation facilitated. The
specifications should require that all goods and materials to be incorporated in the Works be new,
unused, of the most recent or current models, and incorporate all recent improvements in design and
materials unless provided otherwise in the Contract.

Samples of specifications from previous similar projects are useful in this respect. The use of metric
units is encouraged by the Government of Tanzania. Most specifications are normally written
specially by the Employer or Project Manager to suit the Contract Works in hand. There is no
standard set of Specifications for universal application in all sectors in Tanzania, but there are
established principles and practices, which are reflected in these documents.

There are considerable advantages in standardizing General Specifications for repetitive Works in
recognized public sectors, such as highways, ports, railways, urban housing, irrigation, and water
supply, in the same country or region where similar conditions prevail. The General Specifications
should cover all classes of workmanship, materials, and equipment commonly involved in
construction, although not necessarily to be used in a particular Works Contract. Deletions or
addenda should then adapt the General Specifications to the particular Works.

Care must be taken in drafting specifications to ensure that they are not restrictive. In the
specification of standards for goods, materials, and workmanship, recognized international
standards should be used as much as possible. Where other particular standards are used, whether
national standards of the Tanzania or other standards, the specifications should state that goods,
materials, and workmanship that meet other authoritative standards, and which ensure substantially
equal or higher quality than the standards mentioned, will also be acceptable. The following clause
may be inserted in the Special Conditions or Specifications.

Sample Clause: Equivalency of Standards and Codes

Wherever reference is made in the Contract to specific standards and codes to be met by the goods
and materials to be furnished, and work performed or tested, the provisions of the latest current
edition or revision of the relevant standards and codes in effect shall apply, unless otherwise
expressly stated in the contract. Where such standards and codes are national, or relate to a
particular country or region, other authoritative standards that ensure a substantially equal or higher
quality than the standards and codes specified will be accepted subject to the Project Manager’s
prior review and written consent. Differences between the standards specified and the proposed
alternative standards shall be fully described in writing by the Contractor and submitted to the
Project Manager at least 28 days prior to the date when the Contractor desires the Project Manager’s
consent. In the event the Project Manger determines that such proposed deviations do not ensure
substantially equal or higher quality, the Contractor shall comply with the standard specified in the
documents.

58
These Notes for Preparing Specifications are intended only as information for the Employer or the
person drafting the tendering documents. They should not be included in the final documents.

59
 SECTION VII: DRAWINGS

Notes on Drawings

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

60
 SECTION VIII: BILL OF QUANTITIES

Notes on Bill of Quantities42

Objectives

The objectives of the Bill of Quantities are:

(a) to provide sufficient information on the quantities of Works to be performed to enable

tenders to be prepared efficiently and accurately; and

(b) when a Contract has been entered into, to provide a priced Bill of Quantities for use in
the periodic valuation of Works executed.

In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient
detail to distinguish between the different classes of Works, or between Works of the same nature
carried out in different locations or in other circumstances which may give rise to different
considerations of cost. Consistent with these requirements, the layout and content of the Bill of
Quantities should be as simple and brief as possible.

Daywork Schedule

A Daywork Schedule should be included only if the probability of unforeseen work, outside the
items included in the Bill of Quantities, is high. To facilitate checking by the Employer of the
realism of rates quoted by the tenderers, the Daywork Schedule should normally comprise the
following:

(a) A list of the various classes of labour, materials, and Constructional Plant for which basic
daywork rates or prices are to be inserted by the tenderer, together with a statement of the
conditions under which the Contractor will be paid for work executed on a daywork basis.

(b) Nominal quantities for each item of Daywork, to be priced by each tenderer at Daywork
rates as Tender. The rate to be entered by the tenderer against each basic Daywork item
should include the Contractor’s profit, overheads, supervision, and other charges.

Provisional Sums

A general provision for physical contingencies (quantity overruns) may be made by including a
provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for possible
price increases should be provided as a provisional sum in the Summary Bill of Quantities. The
inclusion of such provisional sums often facilitates budgetary approval by avoiding the need to
request periodic supplementary approvals as the future need arises. Where such provisional sums or
contingency allowances are used, the Special Conditions of Contract should state the manner in
which they will be used, and under whose authority (usually the Project Manager’s).

The estimated cost of specialized work to be carried out, or of special goods to be supplied, by other
contractors (refer to Clause 8 of the Conditions of Contract) should be indicated in the relevant part
of the Bill of Quantities as a particular provisional sum with an appropriate brief description. A
42
In lump sum contracts, delete “Bill of Quantities” and replace with “Schedule of Activities” throughout
this section.

61
separate procurement procedure is normally carried out by the Employer to select such specialized
contractors. To provide an element of competition among the tenderers in respect of any facilities,
amenities, attendance, etc., to be provided by the successful tenderer as prime Contractor for the use
and convenience of the specialist contractors, each related provisional sum should be followed by
an item in the Bill of Quantities inviting the tenderer to quote a sum for such amenities, facilities,
attendance, etc.

These Notes for Preparing a Bill of Quantities are intended only as information for the Employer or
the person drafting the tendering documents. They should not be included in the final documents.

62
 SECTION IX: SAMPLE FORMS

Notes on Sample Forms

Form of Tender

The tenderer shall fill in and submit this tender form with the tender. Additional details on the price
should be inserted if the tender is in various currencies. If the tenderer objects to the Adjudicator
proposed by the Employer in the tendering documents, he should so state in its tender, and present
an alternative candidate, together with the candidate’s daily fees and biographical data, in
accordance with Clause 40 of the Instructions to Tenderers.

Form of Qualification Information

The information to be filled in by tenderers in the form of qualification information will be used for
purposes of post-qualification or for verification of pre-qualification as provided for in Clause 12 of
the Instructions to Tenderers. This information will not be incorporated in the Contract. Attach
additional pages as necessary. Pertinent sections of attached documents should be translated into
English. If used for pre-qualification verification, the tenderer should fill in updated information
only.

Standard Form of Letter of Acceptance

The Letter of Acceptance will be the basis for formation of the Contract as described in Clauses 36,
37 and 38 of the Instructions to Tenderers. This Standard Form of Letter of Acceptance should be
filled in and sent to the successful Tenderer only after evaluation of tenders has been completed,
subject to any review by the appropriate approving authorities.

Standard Form of Agreement

The Agreement should incorporate any corrections or modifications to the tender resulting from
corrections of errors (Instructions to Tenderers, Clause 28), price adjustment during the evaluation
process (Instructions to Tenderers sub-Clause 15.3 or Clause 47 of the General Conditions of
Contract), selection of an alternative offer (Invitation for Tenders sub-Clause 18.2), acceptable
deviations (Invitation for Tenders Clause 26), or any other mutually agreeable changes allowed for
in the Conditions of Contract, such as changes in key personnel, subcontractors, scheduling, and the
like.

Forms of Securities

Samples of acceptable forms Performance, and Advance Payment Securities are annexed.
Tenderers should not complete the Performance and Advance Payment Security forms at this time.
Only the successful tenderer will be required to provide Performance and Advance Payment
Securities in accordance with one of the forms or in a similar form acceptable to the Employer.

63
 1. Form of Tender43

[date]

To: [name and address of Employer]

We offer to execute the [name and identification number of contract] in accordance with the
Conditions of Contract accompanying this tender for the Contract Price of [amount in numbers],
[amount in words] [name of currency].

The Contract shall be paid in the following currencies:

Currency Percentage payable in Rate of exchange: one foreign Inputs for which
currency equals [insert local] foreign currency is
required

(a)

(b)

The advance payment required is:-

Amount Currency
(a)

(b)

We accept the appointment of [name proposed in Tender Data Sheet] as the adjudicator.

[or]

We do not accept the appointment of [name proposed in Tender Data Sheet] as the Adjudicator, and
propose instead that [name] be appointed as Adjudicator, whose daily fees and biographical data are
attached.

We are not participating, as tenders, in more than one tender in this tendering process other than
alternative tenders in accordance with the tendering documents.

Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers for any part of the
contract has not been declared ineligible by the Government of the United Republic of Tanzania
under Tanzania's laws or any other official regulations.

This tender and your written acceptance of it shall constitute a binding Contract between us.

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

We hereby confirm that this tender complies with the tender validity and tender security required by
the tendering documents and specified in the Tender Data Sheet.

43
The Tender Form must be completed without any alterations and no substitute shall be accepted.

64
Authorized Signature:

Name and Title of Signatory:

Name of Tenderer:

Address:

65
 2. Form of Qualification Information

1 Individual 1.1 Constitution or legal status of Tenderer: [attach copy]

Tenderers or
Individual Place of registration: [insert]
Members of joint
Ventures Principal place of business: [insert]

Power of attorney of signatory of tender: [attach]

Registration certificate [attach] current Business License

[attach]

1.2 Total annual volume of construction work performed in two

years, in Tanzanian shillings as specified in the Tender Data
Sheet; [insert]

1.3 Work performed as prime Contractor on works of a similar

nature and volume over the last two years or as specified in the
Tender Data Sheet in Tanzanian Shillings. Also list details of
work under way or committed, including expected completion
dates.

Project name and Name of client and Type of work Value of contract
country contact person performed and year of
completion
(a)
(b)

1.4 Major items of Contractor’s Equipment proposed for carrying

out the works. List all information requested below. Refer
also to sub-Clause 12.2 of the Instructions to Tenderers.

Item of equipment Description, make, and Condition (new, good, Owned, leased (from
age (years) Poor) and number whom?) or to be
available purchased (from
whom?)
(a)

(b)
(c)
(d)

1.5 Qualifications and experience of key personnel proposed for

administration and execution of the Contract. Attach
biographical data. Refer also to sub-Clause 12.2 of the
Instructions to Tenderers and Sub- Clause 9.1 of the General
Conditions of Contract.

66
 Position Name Years of Experience Years of experience in
(general) proposed position
(a)
(b)

1.6 Proposed sub-contractor and firms involved. Refer to Clause 7

of General Conditions of Contract.

Sections of the Works Value of subcontract Subcontractor (name Experience in similar

and address) work
(a)
(b)

1.7 Financial reports for the number of years specified in the Tender
Data Sheet.

1.8 Evidence of access to financial resources to meet the

qualification requirements: cash in hand, lines of credit, etc. List
below and attach copies of support documents.

1.9 Name, address, and telephone, telex, and facsimile numbers of

banks that may provide references if contracted by the
Employer.

1.10 Information on current litigation in which the Tenderer is

involved.

Other party(ies) Cause of dispute Amount involved

(a)

(b)

1.11 Statement of compliance with the requirements of sub-Clause

3.2 of the Instructions to Tenderers.

1.12 Proposed Program (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 1.1 – 1.11 above shall be provided for
each partner of the joint venture.

2.2 The information in 1.12 above shall be provided for the joint
venture.

2.3 Attach the power of attorney of the signatory(ies) of the tender

authorizing signature of the Tender on behalf of the joint
venture.

67
 2.4 Attach the Agreement among all partners of the joint venture
(and which is legally binding on all partners), which shows
that:-

(a) all partners shall be jointly and severally liable for the
execution of the Contract in accordance with the
Contract terms;

(b) one of the partners will be nominated as being in

charge, authorized to incur liabilities, and receive
instructions for and on behalf of any and all partners
of the joint venture; and

(c) the execution of the entire Contract, including

payment, shall be done exclusively with the partner in
charge.

3. Additional 3.1 Tenderers should provide any additional information required in

Requirements the Tender Data Sheet or to fulfill the requirements of sub-
Clauses 12.1 of the Instructions to Tenderers, if applicable.

68
 3. Tender-Securing Declaration

[The Tenderer shall fill in this Form in accordance with the instructions indicated .]

Date: [insert date (as day, month and year)]

Tender No.: [insert number of tendering process]
Alternative No.: [insert identification No if this is a Tender for an alternative]

To: [insert complete name of Procuring Entity]

We, the undersigned, declare that:
We understand that, according to your conditions, tenders must be supported by a Tender-
Securing Declaration.
We accept that we will automatically be suspended from being eligible for tendering in any
contract with the Purchaser for the period of time of [insert number of months or years]
starting on [insert date], if we are in breach of our obligation(s) under the tender
conditions, because we:
(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 ITT.
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]
Dated on ____________ day of __________________, _______ [insert date of signing]
Corporate Seal (where appropriate)
[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.]

69
 4. Letter of Acceptance

[letter head paper of the Employer]

[date]

To: [name and address of the Contractor]

This is to notify you that your tender dated [date] for execution of the [name of the Contract and
identification number, as given in the Special Conditions of Contract] for the Contract Price of the
equivalent44 of [amount in numbers and works] [name of currency], as corrected and modified45 in
accordance with the Instructions to Tenderers is hereby accepted by us.

We confirm that [insert name proposed by the procuring entity] to be the Adjudicator.46

We accept that [name proposed by tenderer] be appointed as Adjudicator.47

Or

We do not accept that [name proposed by tenderer] be appointed as adjudicator, and by sending a
copy of this letter of acceptance to [insert the name of the Appointing Authority], we are hereby
requesting [name], the Appointing Authority, to appoint the adjudicator in accordance with Clause
41.1 of the Instructions to Tenderers.48

You are hereby instructed to proceed with the execution of the said works in accordance with the
Contract documents.

Please return the contract dully signed.

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Form of Agreement

44
Delete “of the equivalent” if the Contract Price is expressed wholly in one currency.
45
Delete “corrected and” or “and modified” if not applicable. See Notes on Standard Form of Agreement,
next page.
46
To be used if tenderer has not objected to the name proposed by the adjudicator.
47
To be used only if the Tenderer disagrees in the Tender with the Adjudicator proposed by the Employer
and has accordingly offered another candidate acceptable to the Employer.
48
To be used when the Employer does not accept the adjudicator proposed by the tenderer.

70
 5. Form of Agreement

This Agreement, made the [day] day of [month], [year] between [name and address of Employer]
(hereinafter called “the Employer”) and [name and address of Contractor] (hereinafter called “the
Contractor”) of the other part.

Whereas the Employer is desirous that the Contractor execute [name and identification number of
contract] (hereinafter called “the Works”) and the Employer has accepted the Tender by the
Contractor for the execution and completion of such works and the remedying of any defects
therein.

Now this Agreement witnesseth as follows:

1. In this Agreement, words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to, and they shall be
deemed to form and be read and construed as pert of this Agreement.

2. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and
complete the Works and remedy any defects therein in conformity in all respects with the
provisions of the Contract.

3. the Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects wherein the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in
the manner prescribed by the Contract.

In Witness whereof the parties thereto have caused this Agreement to be executed the day and year
first before written.

The Common Seal of

Was hereunto affixed in the presence of:

Signed, Sealed, and Delivered by the said

In the presence of:

Biding Signature of Employer

Binding Signature of Contractor

71
 6(a): Performance Bank Guarantee [Unconditional]

[The bank/successful Bidder providing the Guarantee shall fill in this form in accordance
with the instructions indicated in brackets, if the Employer requires this type of security.]

[insert bank’s name, and address of issuing branch or office]

Beneficiary: [insert name and address of Employer]

Date: [insert date]

PERFORMANCE GUARANTEE No.: [insert Performance Guarantee number]

We have been informed that [insert name of Contractor] (hereinafter called "the
Contractor") has entered into Contract No. [insert reference number of the Contract] dated
with you, for the execution of [insert name of Contract and brief description of Works]
(hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a

performance guarantee is required.

At the request of the Contractor, we [insert name of Bank] hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of [insert amount in figures]
([insert amount in words]),49 such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, upon receipt by us of your first demand
in writing accompanied by a written statement stating that the Contractor is in breach of its
obligation(s) under the Contract, without your needing to prove or to show grounds for your
demand or the sum specified therein.

This guarantee shall expire no later than twenty-eight days from the date of issuance of the
Taking-Over Certificate, calculated based on a copy of such Certificate which shall be
provided to us, or on the [insert number day of [insert month], [insert year],50 whichever
occurs first. Consequently, any demand for payment under this guarantee must be received
by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication
No. 458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

49
The Guarantor (bank) shall insert an amount representing the percentage of the Contract Price
specified in the Contract and denominated either in the currency(ies) of the Contract or a freely
convertible currency acceptable to the Employer.
50
Insert the date twenty-eight days after the expected Completion date. The Employer should note that
in the event of an extension of the time for completion of the Contract, the Employer would need to
request an extension of this Guarantee from the Guarantor. Such request must be in writing and must be
made prior to the expiration date established in the Guarantee. In preparing this Guarantee, the
Employer might consider adding the following text to the form, at the end of the penultimate paragraph:
“The Guarantor agrees to a one-time extension of this Guarantee for a period not to exceed [six months]
[one year], in response to the Employer’s written request for such extension, such request to be presented
to the Guarantor before the expiry of the Guarantee.”

72
_____________________
[signature(s) of an authorized representative(s) of the Bank ]

73
 5(b) Performance Bond

[The Surety/successful Bidder providing the Bond shall fill in this form in accordance with
the instructions indicated in brackets, if the Employer requires this type of security]

By this Bond, [insert name and address of Contractor] as Principal (hereinafter called “the
Contractor”) and [insert name, legal title, and address of surety, bonding company, or
insurance company] as Surety (hereinafter called “the Surety”), are held and firmly bound
unto [insert name and address of Employer] as Obligee (hereinafter called “the Employer”)
in the amount of [insert amount of Bond] [insert amount of Bond in words],51 for the
payment of which sum well and truly to be made in the types and proportions of currencies
in which the Contract Price is payable, the Contractor and the Surety bind themselves, their
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by
these presents.

Whereas the Contractor has entered into a Contract with the Employer dated52 the [insert
number] day of [insert month], [insert year] for [insert name of Contract] in accordance
with the documents, plans, specifications, and amendments thereto, which to the extent
herein provided for, are by reference made part hereof and are hereinafter referred to as the
Contract.

Now, therefore, the Condition of this Obligation is such that, if the Contractor shall
promptly and faithfully perform the said Contract (including any amendments thereto), then
this obligation shall be null and void; otherwise it shall remain in full force and effect.
Whenever the Contractor shall be, and declared by the Employer to be, in default under the
Contract, the Employer having performed the Employer’s obligations thereunder, the
Surety may promptly remedy the default, or shall promptly:

(1) complete the Contract in accordance with its terms and conditions; or

(2) obtain a Bid or bids from qualified bidders for submission to the Employer for
completing the Contract in accordance with its terms and conditions, and upon
determination by the Employer and the Surety of the lowest responsive Bidder,
arrange for a Contract between such Bidder and Employer and make available
as work progresses (even though there should be a default or a succession of
defaults under the Contract or Contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price; but not exceeding, including other costs and damages for which
the Surety may be liable hereunder, the amount set forth in the first paragraph
hereof. The term “Balance of the Contract Price,” as used in this paragraph,
shall mean the total amount payable by the Employer to the Contractor under the
Contract, less the amount properly paid by the Employer to the Contractor; or

(3) pay the Employer the amount required by the Employer to complete the
Contract in accordance with its terms and conditions up to a total not exceeding
the amount of this Bond.
51
An amount is to be inserted by the Surety, representing the percentage of the Contract Price
specified in the Contract Data, and denominated either in the currency(ies) of the Contract or in a freely
convertible currency of type and amount acceptable to the Employer.
52
Date of Letter of Acceptance or Agreement.

74
The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

Any suit under this Bond must be instituted before the expiration of one year from the date
of issuance of the Certificate of Completion.

No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the Employer named herein or the heirs, executors, administrators, successors,
and assigns of the Employer.

In testimony whereof, the Contractor has hereunto set its hand and affixed its seal, and the
Surety has caused these presents to be sealed with its corporate seal duly attested by the
signature of its legal representative, this [insert day] day of [insert month], [insert year].

Signed by [insert signature(s) of authorized representative(s) ]

on behalf of [name of Contractor] in the capacity of [insert title(s)]

In the presence of [insert name and signature of witness]

Date [insert date]

Signed by [insert signature(s) of authorized representative(s) of Surety]

on behalf of [name of Surety ] in the capacity of [insert title(s)]

In the presence of [insert name and signature of witness]

Date [insert date]

75
 6(c): Bank Guarantee for Advance Payment

[Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: ___________________ [Name and Address of Employer]

Date: ________________

ADVANCE PAYMENT GUARANTEE No.: _________________

We have been informed that [name of Contractor] (hereinafter called "the Contractor") has entered
into Contract No. [reference number of the contract] dated ______ with you, for the execution of
[name of contract and brief description of Works] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment
in the sum [amount in figures] ( ) [amount in words] is to be made against an advance
payment guarantee.

At the request of the Contractor, we [name of Bank] hereby irrevocably undertake to pay you any
sum or sums not exceeding in total an amount of [amount in figures] ( ) [amount in
words]53 upon receipt by us of your first demand in writing accompanied by a written statement
stating that the Contractor is in breach of its obligation under the Contract because the Contractor
used the advance payment for purposes other than the costs of mobilization in respect of the Works.

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 its account number
___________ at _________________ [name and address of Bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Contractor as indicated in copies of interim statements or payment
certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our
receipt of a copy of the interim payment certificate indicating that eighty (80) percent of the
Contract Price has been certified for payment, or on the ___ day of _____, 2___, 54 whichever is
earlier. Consequently, any demand for payment under this guarantee must be received by us at this
office on or before that date.

53
The Guarantor shall insert an amount representing the amount of the advance payment and
denominated either in the currency(ies) of the advance payment as specified in the Contract, or
in a freely convertible currency acceptable to the Employer.
54
Insert the expected expiration date of the Time for Completion. The Employer should note that in
the event of an extension of the time for completion of the Contract, the Employer would need to
request an extension of this guarantee from the Guarantor. Such request must be in writing and
must be made prior to the expiration date established in the guarantee. In preparing this guarantee,
the Employer might consider adding the following text to the form, at the end of the penultimate
paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to
exceed [six months][one year], in response to the Employer’s written request for such extension,
such request to be presented to the Guarantor before the expiry of the guarantee.”

76
Yours truly,

Signature and seal:

Name of Bank/Financial Institution:

Address:
Date:

77
 SECTION X: UNDERTAKING BY TENDERER ON ANTI –
BRIBERY POLICY / CODE OF CONDUCT AND
COMPLIANCE PROGRAMME

1. Each tenderer must submit a statement, as part of the tender documents, in either of the
two given formats which must be signed personally by the Chief Executive Officer or
other appropriate senior corporate officer of the tendering company and, where relevant,
of its subsidiary in the United Republic of Tanzania. If a tender is submitted by a
subsidiary, a statement to this effect will also be required of the parent company, signed
by its Chief Executive Officer or other appropriate senior corporate officer.

2. Tenderers will also be required to submit similar No-bribery commitments from their
subcontractors and consortium partners; the tenderer may cover the subcontractors and
consortium partners in its own statement, provided the tenderer assumes full
responsibility.

(3) (a) Payment to agents and other third parties shall be limited to appropriate compensation for
legitimate services.

(b) Each tenderer will make full disclosure in the tender documentation of the beneficiaries
and amounts of all payments made, or intended to be made, to agents or other third parties
(including political parties or electoral candidates) relating to the tender and, if successful,
the implementation of the contract.

(c) The successful tenderer will also make full disclosure [quarterly or semi- annually] of all
payments to agents and other third parties during the execution of the contract.

(d) Within six months of the completion of the performance of the contract, the successful
tenderer will formally certify that no bribes or other illicit commissions have been paid. The
final accounting shall include brief details of the goods and services provided that are
sufficient to establish the legitimacy of the payments made.

(e) Statements required according to subparagraphs (b) and (d) of this paragraph will have to be
certified by the company's Chief Executive Officer, or other appropriate senior corporate
officer.

(4) Tenders which do not conform to these requirements shall not be considered.

(5) If the successful tenderer fails to comply with its No-bribery commitment, significant
sanctions will apply. The sanctions may include all or any of the following:

a) Cancellation of the contract;

b) Liability for damages to the public authority and/or the unsuccessful competitors in
the tendering possibly in the form of a lump sum representing a pre-set percentage
of the contract value (liquidated).

(6) Tenderers shall make available, as part of their tender, copies of their anti-Bribery
Policy/Code of Conduct, if any, and of their-general or project - specific - Compliance
Program.

78
(7) The Government of the United Republic of Tanzania has made special arrangements for
adequate oversight of the procurement process and the execution of the contract, and has
invited civil society and other competent Government Departments to participate in the
oversight. Those charged with the oversight responsibility will have full access to all
documentation submitted by tenderers for this contract, and to which in turn all tenderers and
other parties involved or affected by the project shall have full access (provided, however,
that no proprietary information concerning a tenderer may be disclosed to another tenderer or
to the public).

MEMORANDUM (Format 1)

(Regulation 100(2) of the Public Procurement (Goods, Works, Non-Consultant Services and
Disposal of Public Assets by Tender) Regulations, 2005 - Government Notice No. 97 of 15th
April, 2005

This company _____________________(name of company) places importance on competitive

tendering taking place on a basis that is free, fair, competitive and not open to abuse. It is pleased to
confirm that it will not offer or facilitate, directly or indirectly, any improper inducement or reward
to any public officer their relations or business associates, in connection with its tender, or in the
subsequent performance of the contract if it is successful.

This company has an Anti-Bribery Policy/Code of Conduct and a Compliance Program which
includes all reasonable steps necessary to assure that the No-bribery commitment given in this
statement will be complied with by its managers and employees, as well as by all third parties
working with this company on the public sector projects, or contract including agents, consultants,
consortium partners, sub- contractors and suppliers. Copies of our Anti-Bribery Policy/Code of
Conduct and Compliance Program are attached

Authorized Signature:

Name and Title of Signatory:

Name of Tenderer:

Address:

MEMORANDUM (Format 2)

(Regulation 100(2) of the Public Procurement (Goods, Works, Non-Consultant Services and
Disposal of Public Assets by Tender) Regulations, 2005 - Government Notice No. 97 of 15th
April, 2005

This company _____________________(name of company) has issued, for the purposes of this
tender, a Compliance Program copy attached -which includes all reasonable steps necessary to
assure that the No-bribery commitment given in this statement will be complied with by its
managers and employees, as well as by all third parties working with this company on the public

79
sector projects or contract including agents, consultants, consortium partners, subcontractors and
suppliers')"

Authorized Signature:

Name and Title of Signatory:

Name of Tenderer:

Address

80