Section 2 - Standard forms (contract)

Section – 2
STANDARD FORMS (CONTRACT)

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Engineering Division (DOP)
 Section 2 - Standard forms (contract)

FORM OF LETTER OF ACCEPTANCE

……………………………… (date)

To:
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
(name and address of the Contractor)

This is to notify you that your bid dated ………………..(insert date) for the construction and remedying defects of
the …………………………………………………………………………………….(name of the Contract and
identification number) for the Contract price of …………………………… (name of Currency)
………………………… (amount in figures and words) as corrected in accordance with Instructions to Bidders and/
or modified by a Memorandum of Understanding, is hereby accepted.

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

The Start Date shall be: ………………………. (fill the date as per Clause 6.1 of Conditions of Contract).

The amount of Performance Security is: ………………………….(fill as per Clause 4.4 of Conditions of Contract).

The Performance Security shall be submitted on or before ……………………..(fill the date as per Clause 4.4 of
Conditions of Contract).

Authorized Signature: …………………………………………………………………

Name and title of Signatory: …………………………………………………………..

Name of Agency:………………………………………………………………………

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Engineering Division (DOP)
 Section 2 - Standard forms (contract)

FORM OF AGREEMENT
This AGREEMENT made the ………. (day) of ………..(month) 20 …… (year), between and referred to as "the
Employer"), of the one part, and ……………………………………………. (name and address of Contractor)
(hereinafter called and referred to as "the Contractor"), of the other part:

WHEREAS the Employer desires that the Contractor execute

…………………………………………………………………. (name and identification no of Contract)(hereinafter
called and referred to as "the Works") and the Employer has accepted the Bid by the Contractor for the execution
and completion of such Works and remedying of any defects therein.

The Employer and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in
the Contract hereinafter referred to.
2. In consideration of the payments to be made by the Employer to the Contractor as indicated in this agreement,
the Contractor hereby covenants with the Employer to execute and complete the Works andremedy 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 execute and complete theWorks
and remedy and defects therein, the Contract Price or such other sum as may become payableunder the
provisions of the Contract at the times and in the manner prescribed by the Contract.

In Witness whereof the parties hereto have caused this Agreement to by executed the day and year aforementioned,
in accordance with laws of Sri Lanka.

……………………………………………………. ……………………………………… ……………

Authorized signature of Contractor Authorized signature of Employer

COMMON SEAL COMMON SEAL

In the presence of:

Witnesses:
1. Name and NIC No …………………………………………….

Signature ………………………………………………………..

Address ………………………………………………………….

2. Name and NIC No …………………………………………….

Signature ……………………………………… …………………

Address ………………………………………………………….

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Engineering Division (DOP)
 Section 2 - Standard forms (contract)

FORM OF PERFORMANCE SECURITY

(Unconditional)

…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
(Issuing Agency's Name, and Address of Issuing Branch or Office)

Beneficiary: Commissioner General of Prisons

(Name and Address of Employer)

Date : ………………………………

PERFORMANCE 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 ……………. (insert "Construction") of ………………………………… (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 ……………………………… (name of Agency) hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of …………………..(amount in figures)
(………………………………………)(amount in words), 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 the …….. day of ………, 20… (insert date, 28 days beyond the Intended
Completion Date) and any demand for payment under it must be received by us at this office on or before that date,

……………………………

Signature (s)

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Engineering Division (DOP)
 Section 2 - Standard forms (contract)

FORM OF ADVANCE PAYMENT SECURITY

…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
(name and address of agency, and Address of Issuing Branch or Office)

Beneficiary: Commissioner General of Prisons

(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 ……………………….. construction of
…………………………………………. (name of contract and brief description) (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 issuing agency)

hereby irrevocably undertake to pay you any sum or sums nor exceeding in total an amount of ………..(amount in
figures)(……………………………………………..) (amount in words) 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 in repayment of
the advance payment under the Contract.

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid
by the Contractor.

This guarantee shall expire on ………………….. (Insert the date, 28 days beyond the expected expiration date of
the Contract)

Consequently, and demand for payment under this guarantee must be received by us at this office on or before that
date.

……………………………

(Signature (s))

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Engineering Division (DOP)
 Section 2 - Standard forms (contract)

FORM OF RETENTION MONEY GUARANTEE

…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
(Issuing Agency'sName, and Address of Issuing Branch or Office)

Beneficiary: Commissioner General of Prisons

(Name and Address of Employer)

Date: …………………………

RETENTION MONEY 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, when the works have being taken over
and the first half of the Retention Money has been certified for payment, payment of the second half of the Retention
Money may be made against a Retention Money guarantee.

At the request of the Contractor, we …………………………………. (name of agency) hereby irrevocably

undertake to pay you any sum of sums not exceeding in total an amount of …………………… (amount in figures)
(……………………………………………………………. )(amount in words) 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 has not attended to the defects in accordance with the Contract .

This guarantee shall expire, at the latest, ……………………………… (insert 28 days after the end of the defects
liability period). Consequently, any demand for payment under this guarantee must be received by us at this office
on or before that date.

……………………………….
(signature (s))

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Engineering Division (DOP)
 Section 2 - Standard forms (contract)

FORM OF BID SECURITY

[this Guarantee form shall be filled in accordance with the instructions indicated in brackets]

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

Beneficiary:………………………………………………………………………………………………………[insert
(by PE) name and address of Employer]

Date: …………………………………….[insert (by issuing agency) date]

BID GUARANTEE No.:…………………………………[insert (by issuing agency) number] We have been

informed that ……………………………………………………………[insert (by issuing agency) name of the
Bidder] (hereinafter called "the Bidder") has submitted to you its bid dated ………………………………………….
[insert (by issuing agency) date] (hereinafter called "the Bid") for the execution of [insert name of Contract] under
Invitation for Bids No. ………………………………………[insert IFB number] (“the IFB”).

Furthermore, we understand that, according to your conditions, Bids must be supported by a Bid Guarantee.

At the request of the Bidder, we …………………………………………….[insert name of issuing agency] 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] upon receipt by
us of your first demand in writing accompanied by a written statement stating that the Bidder is in breach of its
obligation(s) under the bid conditions, because the Bidder:

(a) has withdrawn its Bid during the period of bid validity specified; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders (hereinafter
“the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of bid validity, (i) fails
or refuses to execute the Contract Form, if required, or (ii) fails or refuses to furnish the Performance
Security, in accordance with the ITB.

This Guarantee shall expire:(a) if the Bidder is the successful bidder, upon our receipt of copies of the Contract
signed by the Bidder and of the Performance Security issued to you by the Bidder; or (b) if the Bidder is not the
successful bidder, upon the earlier of the successful bidder furnishing the performance security, otherwise it will
remain in force up to …………………………..(insert date)

Consequently, any demand for payment under this Guarantee must be received by us at the office on or before that
date.

……………………………………………………
[signature(s) of authorized representative(s)]

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Engineering Division (DOP)