Group 17
Group 17
DATE: 28/01/2022
Dear Sirs
Yours faithfully,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MANAGER
`
2 CONDITIONS OF TENDER
TIME
The tender closing time is on 05/02/2022 at 4.00 AM (Tentative). Bid opening time is
on06/02/2022 at 3:00 AM (Tentative).
Your tender should be valid for a period of 7 days commencing from the Tender Closing
Date above.
Your tender must be in duplicate and must consist of the following:
We reserve the right to correct arithmetic errors on the basis that the tendered rates
remain fixed.
Should your tender be accepted, the resulting CONTRACT will be based upon the
following:
The Form of Tender
The MSE Contract
Schedule of Prices
Works Information
Site Information
Specifications
Drawings
Standard Bidding Document (SBD) For Procurement of
Works for National Competitive Biddings (NCB)
Subject of Procurement
Procurement Residential Building
Procurement Reference Number
NEEH/567/2022
Project Name Residential Building
Date of Issue of Bidding Documents
Bule Hora Ethiopa
Bidding Document
Table of Contents
Part 1 Bidding Procedures I
Section 1. Instructions to Bidders I
Section 2. Bid Data Sheet II
Section 3. Evaluation Methodology and Criteria III
Section 4. Bidding Forms IV
Section 5. Eligible Countries V
Part 2 Schedule of Requirement VI
Section 6. Schedule of Requirements VI
Part 3 Contract VII
Section 7. General Conditions of Contract VII
Section 8. Special Conditions of Contract VIII
Section 9. Contract Forms IX
Part 1 Bidding Procedures
Section 1. Instructions to Bidders
Table of Clauses
A. General 1
1. Introduction 1
2. Source of Funds 2
3. Fraud, Corruption and Complaints Provisions 2
4. Eligible Bidders 3
5. Eligible Materials, Equipment and Services 4
6. Conflict of Interest 4
B. Contents of Bidding Documents 5
7. Bidding Documents 5
8. Written Questions / Clarification of Bidding Documents 6
9. Modification to Bidding Documents 6
10. Pre-Bid Conference and Site Visit 6
C. Preparation of Bids 7
11. Cost of Bidding 7
12. Language of Bid 7
13. Bid Prices and Discounts 7
14. Currencies of Bid and Payment 8
15. Professional Qualifications and Capability of the Bidder 8
16. Technical Qualifications, Competence, and Experience of the Bidder 9
17. Financial Standing of the Bidder 9
18. Joint Venture or Consortium 10
19. Alternative Bids 10
20. Period of Validity of Bids 10
21. Bid Security 11
22. Documents Comprising the Bid 12
23. Format and Signing of Bid 13
D. Submission and Opening of Bids 13
24. Sealing and Marking of Bids 13
25. Deadline for Submission of Bids 13
26. Late Bids 14
27. Withdrawal, Substitution, and Modification of Bids 14
28. Bid Opening 14
E. Evaluation and Comparison of Bids 15
29. Confidentiality 15
30. Clarification of Bids 15
31. Responsiveness of Bids 15
32. Nonconformities and Omissions 16
33. Dubious price quotations and errors in calculation 16
34. Margin of Preference 17
35. Conversion to Single Currency 17
36. Preliminary Examination of Bids 17
37. Legal, Professional, Technical, and Financial Admissibility of Bids 18
38. Evaluation of Bids 19
39. Comparison of Bids 20
40. Post-qualification Evaluation 20
41. Acceptance or Rejection of Bids 21
42. Re-advertising Bids 21
F. Award of Contract 21
43. Award Criteria 21
44. Right to Vary Quantities at Time of Award 21
45. Announcing and Awarding of the Successful Bidder 22
46. Signing of Contract 22
47. Performance Security 22
Section I. Instructions to Bidders
A. General
1. Introduction
1.1 The Public Body indicated in the Bid Data Sheet (BDS) is the Contracting Authority for this
procurement process and it is bound by the rules governing public procurement in the Federal
Democratic Republic of Ethiopia. It has the powers and duties to conclude a Contract for the
provision of Works. Accordingly, this procurement process is being conducted in accordance
with the recent editions of the Ethiopian Federal Government Procurement and Property
Administration Proclamation and Public Procurement Directive under the procurement method
indicated in the BDS.
1.2 By the issue of this Bidding Documents the Public Body invites interested Candidates to submit
their Bids with a view to entering into Contract with the Public Body for the provision of Works
which general description is provided in the BDS. The Works that are subject of this
procurement process are more particularly specified in Section 6, Schedule of Requirements
upon the basis of the information supplied in and in accordance with this Bidding Documents.
1.3 Each Bidder may only submit one Bid, either individually or as a partner in joint venture. A
Bidder who submits or participates in more than one Bid (other than as a subcontractor or in
cases of alternatives that have been permitted or requested) will cause all the Bids with the
Bidder’s participation to be disqualified.
1.4 The procurement reference number and number of lots of this Bidding Documents are provided
in the BDS. If Bids are being invited for individual contracts (lots) the Bidder may submit a Bid
for one lot only, several or all of the lots. Each lot will form a separate contract and the
quantities indicated for different lots will be indivisible. The Bidder must offer the whole of the
quantity or quantities indicated for each lot.
1.5 This Section 1, Instructions to Bidders shall not form a part of the Contract. These instructions
are intended to assist Bidders in the preparation of their Bids.
1.6 The Public Body is not bound to accept any Bid, and reserves the right to annul the selection
process at any time prior to Contract award, without thereby incurring any liability to the
Bidders.
1.7 The Public Body retains ownership of all Bids submitted in response to this Bidding
Documents. Consequently, Bidders have no right to have their Bids returned to them except late
Bids.
1.8 In submitting a Bid, the Bidder accepts in full and without restriction this Bidding Documents
as the sole basis of this procurement procedure, whatever his own conditions of sale may be,
which he hereby waives. Bidders are expected to examine carefully and comply with all
instructions, forms, contract provisions and specifications contained in this Bidding Documents.
Failure to submit a Bid containing all the required information and documentation within the
deadline specified may lead to the rejection of the Bid. No account can be taken of any
reservation in the Bid as regards the Bidding Documents; any reservation will result in the
immediate rejection of the Bid without further evaluation.
1.9 The permitted method of communication shall be in writing. Throughout these Bidding
Documents the term "in writing" means communicated in written form and delivered against
receipt.
2. Source of Funds
2.1 The Public Body has an approved budget toward the cost of the procurement described in the
Section 6, Schedule of Requirement. The Public Body intends to use these funds to place a
Contract for which these Bidding Documents are issued.
2.2 Payments will be made directly by the Public Body and will be subject in all respects to the
terms and conditions of the resulting Contract placed by the Public Body.
3. Fraud, Corruption and Complaints Provisions
3.1 The Government of the Federal Democratic Republic of Ethiopia (herein after called the
Government) represented by the Public Procurement and Property Administration Agency
(herein after called the Agency) requires Contracting Authorities, as well as Bidders to observe
the highest standards of ethics during the procurement and the execution of contracts. In
pursuance of this policy, the Government:
(a) Defines, for the purposes of this provision, the terms set forth below as follows:
(i) “Corrupt practice” is the offering, giving, receiving or soliciting, directly or
indirectly, of any thing of value to influence improperly the action of a public
official in the procurement process or in contract execution;
(ii) “Fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain
financial or other benefit or to avoid an obligation;;
(iii) “Collusive practices” is a scheme or arrangement between two or more parties,
with or without the knowledge of the Public Body, designed to establish prices at
artificial, non-competitive levels; and
(iv) “Coercive practices” is harming or threatening to harm, directly or indirectly,
parties or their property to influence their participation in a procurement process,
or affect the execution of a contract.
(v) Obstructive practice is
deliberately destroying, falsifying, altering or concealing of evidence material
to the investigation or making false statements to investigators in order to
materially impede the Federal Ethics and Anticorruption Commission, the
Federal Auditor General, and the Public Procurement and Property
Administration Agency or their auditors investigation into allegations of a
corrupt, fraudulent, coercive or collusive practice; and/or threatening,
harassing or intimidating any party to prevent their from disclosing their
knowledge of matters relevant to the investigation or from pursuing the
investigation, or
acts intended to materially impede the exercise of inspection and audit rights
provided for under ITB Clause 3.5 below.
(b) Will reject a recommendation for award if it determines that the Bidder recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices in competing for the contract in question;
(c) Will debar a Bidder from participation in public procurement for a specified period of
time if it at any time determines the Bidder has engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices in competing for, or in executing, a contract. The List of
Debarred Bidders is available on the Agency's Website http//www.ppa.gov.et.
3.2 In pursuit of the policy defined in Sub-Clause 3.1, the Public Body may terminate a contract for
Works if it at any time determines that corrupt or fraudulent practices were engaged in by
representatives of the Public Body or of a Bidder during the procurement or the execution of
that contract.
3.3 Where it is proved that the Bidder has given or has offered to give inducement or bribe to an
official or procurement staff of the Public Body to influence the result of the Bid in his favor
shall be disqualified from the Bid, prohibited from participating in any future public
procurement and the bid security deposited by them shall be forfeited.
3.4 Bidders are required to indicate their acceptance of the provisions on fraud and corruption, as
defined in this clause through the statement in the Bid Submission Sheet.
3.5 In further pursuance of this policy, Bidders shall permit the Agency to inspect their accounts
and records and other documents relating to the submission of Bids and contract performance,
and to have them audited by auditors appointed by the Agency.
3.6 Subject to the recent editions of the Public Procurement Proclamation and Procurement
Directive, a candidate or a Bidder aggrieved or is likely to be aggrieved on account of the
Public Body requesting a Bid not complying with the provisions of the Proclamation or
Procurement Directive in conducting a Bid proceeding may present complaint to the head of the
Public Body to have the Bid proceeding reviewed or investigated. Any complaint must be
submitted in writing to the head of the Public Body, within five working days from the date the
Bidder knew, or should have known, of the circumstances giving rise to the complaint. If the
head of the Public Body does not issue a decision within ten working days after submission of
complaint, or the candidate or the Bidder is not satisfied with the decision, it may submit a
complaint to the Board within five working days from the date on which the decision has been
or should have been communicated to the candidate or the Bidder by the Public Body. The
Board's decision is binding for both parties.
4. Eligible Bidders
4.1 A Bidder may be a natural person, private, public or government-owned legal entity, subject to
ITB Sub-Clause 4.4, or any combination of them with a formal intent to enter into an agreement
or under an existing agreement in the form of a Joint Venture (JV), consortium, or association.
In the case of a Joint Venture, consortium, or association:
(a) All parties to the Joint Venture, consortium or association shall be jointly and severally
liable, unless otherwise specified in the BDS; and
(b) A Joint Venture, consortium or association shall nominate a Representative who shall
have the authority to conduct all businesses for and on behalf of any and all the parties of
the Joint Venture, consortium or association during the bidding process and, in the event
the Joint Venture, consortium or association is awarded the Contract, during contract
execution.
4.2 This Invitation for Bids is open to all Bidders (including all members of a joint venture, sub-
contractors and personnel) who have nationality of an eligible country, as defined in Section 5,
Eligible Countries. A Bidder shall be deemed to have the nationality of a country if the Bidder
is a citizen or is constituted, incorporated, or registered and operates in conformity with the
provisions of the laws of that country. This criterion shall also apply to the determination of the
nationality of proposed subcontractors or Contractors for any part of the Contract including
related services.
4.3 A Bidder that has been debarred from participating in public procurement in accordance with
ITB Clause 3.1 (c), at the date of the deadline for Bid submission or thereafter, shall be
disqualified.
4.4 Government-owned enterprises shall be eligible if they can establish that they are legally and
financially autonomous and operate under commercial law and that they are not a dependent
agency of the Public Body.
4.5 Unless otherwise specified in the BDS, Bidders shall provide such evidence of their eligibility
satisfactory to the Public Body, to verify that the Bidder::
(a) Is not insolvent, in receivership, bankrupt or being wound up, not have had their business
activities suspended and not be the subject of legal proceedings for any of the foregoing
(a) Appropriate documentary evidence demonstrating its compliance, which shall include:
(i) Valid business license indicating the stream of business in which the Bidder is
engaged,
(ii) VAT registration certificate issued by the tax authority (only domestic Bidders in
case of contract value as specified in BDS),
(iii) Valid Tax clearance certificate issued by the tax authority (domestic Bidders
only);
(iv) Relevant professional practice certificates, if required in BDS.
(b) Foreign Bidders must as appropriate submit business organization registration certificate
or trade license issued by the country of establishment.
4.6 To participate in this public procurement process, being registered in the suppliers list is a
prerequisite (mandatory for domestic Bidders only).
(a) Candidates desiring to participate in public procurement shall have to register themselves
using the form made available for this purpose in the website of the Public Procurement
and Property Administration Agency.
4.7 Bidders shall provide such evidence of their continued eligibility satisfactory to the Public
Body, as the Public Body shall reasonably request in BDS.
5. Eligible Materials, Equipment and Services
5.1 The materials, equipment and services to be supplied under the Contract may have their origin
in any country subject to the restrictions specified in Section 5, Eligible Countries, and all
expenditures under the Contract will not contravene such restrictions. At the Public Body’s
request, Bidders may be required to provide evidence of the origin of materials, equipment and
services.
6. Conflict of Interest
6.1 A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of interest
shall be disqualified. A Bidder may be considered to have a conflict of interest with one or more
parties in this bidding process, if:
(a) They have at least one controlling partner in common; or
(b) They receive or have received any direct or indirect subsidy from any of them; or
(c) They have the same legal representative for purposes of this bid; or
(d) They have a relationship with each other, directly or through common third parties, that
puts them in a position to have access to information about or influence on the bid of
another Bidder, or influence the decisions of the Public Body regarding this bidding
process; or
(e) A Bidder participates in more than one bid in this bidding process. Participation by a
Bidder in more than one Bid will result in the disqualification of all Bids in which such
Bidder is involved. However, this does not limit the inclusion of the same subcontractor
in more than one bid; or
(f) A Bidder participated as a consultant in the preparation of the design or Schedule of
Requirements of the works that are the subject of the bid;
(g) A Bidder that has a business or family relationship with a member of the Public Body’s
staff who is directly or indirectly involved in any part of (i) the preparation of the
Schedule of Requirements of the assignment, (ii) the selection process for such
assignment, or (iii) supervision of the Contract, may not be awarded a Contract, unless
the conflict stemming from this relationship has been resolved in a manner acceptable to
the Public Body throughout the procurement process and the execution of the Contract.
(h) A Bidder or any of its affiliates has been hired (or is proposed to be hired) by the Public
Body as Engineer for the Contract implementation
2.1 Bidders may always submit their bids by registered post or by hand. Bids must be received by
the Public Body at the address and no later than the date and time indicated in the BDS.
2.2 The Public Body may, at its discretion, extend the deadline for the submission of Bids by
amending the Bidding Documents in accordance with ITB Clause 9, in which case all rights and
obligations of the Public Body and Bidders previously subject to the deadline shall thereafter be
subject to the deadline as extended.
3. Late Bids
3.1 The Public Body shall not consider any Bid that arrives after the deadline for submission of
Bids, in accordance with ITB Clause 25. Any Bid received by the Public Body after the
deadline for submission of Bids shall be declared late, rejected, and returned unopened to the
Bidder.
4. Withdrawal, Substitution, and Modification of Bids
4.1 A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a
written notice, duly signed by an authorized representative, and shall include a copy of the
authorization in accordance with ITB Sub-Clause 23.2, (except that withdrawal notices do not
require copies). The corresponding substitution or modification of the Bid must accompany the
respective written notice. All notices must be:
(a) Submitted in accordance with ITB Clauses 23 and 24 (except that withdrawals notices do
not require copies), and in addition, the respective envelopes shall be clearly marked
“Withdrawal,” “Substitution,” “Modification;” and
(b) Received by the Public Body prior to the deadline prescribed for submission of Bids, in
accordance with ITB Clause 25.
4.2 Bids requested to be withdrawn in accordance with ITB Sub-Clause 27.1 shall be returned
unopened to the Bidders. Bid withdrawal notices received after the bid submission deadline will
be ignored, and the submitted bid will be deemed to be a validly submitted bid.
4.3 No Bid may be withdrawn, substituted, or modified in the interval between the deadline for
submission of Bids and expiry of the period of Bid validity specified by the Bidder on the Bid
Submission Sheet or any extension thereof.
5. Bid Opening
5.1 The Public Body shall conduct the Bid opening in the presence of Bidders` designated
representatives who choose to attend, and at the address, date and time specified in the BDS.
The opening of the Bid shall not be affected by the absence of the Bidders on their own will.
5.2 First, outer envelopes marked “WITHDRAWAL” shall be opened and read out and the
envelope with the corresponding Bid shall not be opened, but returned to the Bidder. No Bid
withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid
authorization to request the withdrawal and is read out at Bid opening. Next, outer envelopes
marked “SUBSTITUTION” shall be opened and read out and exchanged with the
corresponding Bid being substituted, and the substituted Bid shall not be opened, but returned to
the Bidder. No Bid substitution shall be permitted unless the corresponding substitution notice
contains a valid authorization to request the substitution and is read out at Bid opening. Outer
envelopes marked “MODIFICATION” shall be opened and read out with the corresponding
Bid. No Bid modification shall be permitted unless the corresponding modification notice
contains a valid authorization to request the modification and is read out at Bid opening. Only
envelopes that are opened and read out at Bid opening shall be considered further.
5.3 All outer envelopes shall be opened one at a time, reading out: the name of the Bidder, the
presence of a bid security, if required; and any other salient points of the Bid as the Public Body
may consider appropriate. Only discounts and alternative offers read out at bid opening shall be
considered for evaluation. No Bid shall be rejected at Bid opening except for late Bids, in
accordance with ITB Sub-Clause 26.1.
5.4 The Public Body shall record the minutes of the Bid opening that shall include, as a minimum:
the name of the Bidder and whether there is a withdrawal, substitution, or modification, the
presence or absence of a bid security, if one was required, and any other salient points raised in
the Bid opening proceeding. The Bidders’ representatives who are present shall be requested to
sign the attendance sheet. The omission of a Bidder’s signature on the attendance sheet shall not
invalidate the contents and effect of the minutes. A copy of the minutes shall be distributed to
all Bidders.
5.5 Any bid document not opened and read out during the bid opening proceeding shall not be
considered for further evaluation.
E. Evaluation and Comparison of Bids
1. Confidentiality
1.1 Information relating to the examination, evaluation, clarification, and comparison of Bids, and
recommendation of contract award, shall not be disclosed to Bidders or any other persons not
officially concerned with such process until information on Contract award is communicated to
all Bidders.
1.2 Any effort by a Bidder to influence the Public Body in the examination, evaluation, and
comparison of the Bids or Contract award decisions may result in the rejection of its Bid.
1.3 Notwithstanding ITB Sub-Clause 29.2, from the time of Bid opening to the time of Contract
award, if any Bidder wishes to contact the Public Body on any matter related to the bidding
process, it should do so in writing.
2. Clarification of Bids
2.1 To assist in the examination, evaluation, and comparison of the Bids, the Public Body may, at
its sole discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a
Bidder that is not in response to a request by the Public Body shall not be considered. The
Public Body’s request for clarification and the response shall be in writing. No change in the
prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the
correction of arithmetic errors discovered by the Public Body in the evaluation of the Bids, in
accordance with ITB Clause 33.
2.2 If a Bidder does not provide clarifications of its bid by the date and time set in the Public
Body’s request for clarification, its bid may be rejected.
3. Responsiveness of Bids
3.1 The Public Body’s determination of a Bid’s responsiveness is to be based on the contents of the
Bid itself.
3.2 A substantially responsive Bid is one that conforms to all the terms, conditions, and
specifications of the Bidding Documents without material deviation, reservation, or omission.
A material deviation, reservation, or omission is one that:
(a) If accepted, would,
(i) Affects in any substantial way the scope, quality, or performance of the Works
specified in the Contract; or
(ii) Limits in any substantial way, inconsistent with the Bidding Documents, the
Public Body’s rights or the Bidder’s obligations under the Contract; or
(a) If rectified would unfairly affect the competitive position of other Bidders presenting
substantially responsive Bid.
3.3 If a Bid is not substantially responsive to the salient requirements of the Bidding Documents it
shall be rejected by the Public Body and may not subsequently be made responsive by the
Bidder by correction of the material deviation, reservation, or omission.
3.4 Decisions to the effect that a bid is not substantially responsive t must be duly justified in the
evaluation minutes.
3.5 If only one Bid meets all salient requirements of the Bidding Documents and is not otherwise
disqualified, the Public Body may still complete the full evaluation of that Bid and sign contract
with that Bidder if the Bid submitted by such Bidder is satisfactory to the Public Body and the
price offered by the Bidder is comparable to or less than the market price of the required object
of procurement.
4. Nonconformities and Omissions
4.1 Provided that a Bid is substantially responsive, the Public Body may waive any non-conformity
or omissions in the Bid that does not constitute a material deviation.
4.2 Provided that a Bid is substantially responsive, the Public Body may request that the Bidder
submit the necessary information or documentation, within a reasonable period of time, to
rectify nonmaterial nonconformities or omissions in the Bid related to documentation
requirements. Requesting information or documentation on such nonconformities shall not be
related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request
may result in the rejection of its Bid.
4.3 Provided that a Bid is substantially responsive, the Public Body shall rectify nonmaterial
nonconformities or omissions. To this effect, the Bid Price shall be adjusted, for comparison
purposes only, by the highest price quoted in this bidding process to reflect the price of the
missing or non-conforming item or component.
5. Dubious price quotations and errors in calculation
5.1 Provided that the Bid is substantially responsive, the Public Body shall correct arithmetical
errors on the following basis:
(a) If there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall
be corrected, unless in the opinion of the Public Body there is an obvious misplacement
of the decimal point in the unit price, in which case the total price as quoted shall govern
and the unit price shall be corrected;
(b) If there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
(c) If there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a) and (b) above.
5.2 The Public Body shall correct the detected errors in calculation and notify the Bidder in writing
of the corrections made without any delay, requesting the Bidder to confirm that he accepts the
correction of the calculation error within the period specified in BDS from the date on which
the notice was received. The corrections shall be clearly indicated in the Bid.
5.3 If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors, its
Bid shall be disqualified.
6. Margin of Preference
6.1 Preference shall be granted to local construction companies.
6.2 The margin of preference to be so granted to local construction companies and applied when
comparing prices during evaluation of Bids shall be 7.5 %.
6.3 Local companies engaged in construction shall provide all evidence necessary to prove that they
meet the following conditions to qualify for the preference:
(a) The company has to be incorporated in Ethiopia;
(b) More than fifty per cent of the company’s capital stock has to be held by Ethiopian
natural or juridical persons;
(c) More than fifty per cent of members of the board of the company have to be Ethiopian
nationals;
(d) At least fifty per cent of the key staff of the company has to be Ethiopian Nationals.
6.4 Preference shall be given to small and micro enterprises established under the relevant law by a
margin of 3% when such enterprises compete with local Bidders in national competitive
bidding.
6.5 When small and micro enterprises participate in international competitive bidding, only the
preference granted to local companies as per Sub-Clause 34.2 shall apply.
7. Conversion to Single Currency
7.1 For evaluation and comparison purposes, the Public Body shall convert all bid prices expressed
in the amounts in various currencies into a single currency indicated in BDS , using the selling
exchange rate established by the National Bank of Ethiopia and on the date of the Bid opening.
8. Preliminary Examination of Bids
8.1 The Public Body shall examine the Bids to confirm that all documentary evidence establishing
the Bidder's qualification requested in ITB Clause 22 have been provided, and to determine
whether Bid comply with administrative requirements of the Bidding Documents.
8.2 From the time the Bids are opened to the time the Contract is awarded, the Bidders should not
contact the Public Body on any matter related to its Bid. Any effort by Bidders to influence the
Public Body in the examination, evaluation, ranking of Bids, and recommendation for award of
Contract may result in the rejection of the Bidders’ Bid.
8.3 The Public Body may determine Bid as not responsive when:
(a) Bidder has failed to submit Written statement by a power of attorney (or notary
statement, etc.) proving that the person, who signed the Bid on behalf of the
company/joint venture/consortium, is duly authorized to do so (ITB Sub-clause 23.2);
(b) Original and all copies of the Bid are not typed or written in indelible ink and signed by a
person duly authorized to sign on behalf of the Bidder (ITB Sub-clause 23.2);
(c) All pages of the Bid, except for non-amended printed descriptive literature, are not signed
or initialed by the person signing the Bid (ITB Sub-clause 23.3);
(d) Bid is not written in language specified in the BDS Clause 12.1;
(e) Bidder has failed to submit signed and dated Bid Submission Sheet Form;
(f) Bidder has failed to submit signed and dated Bidder Certification of Compliance Form;
(g) Bidder has failed to submit signed and dated Bill of Quantities or Activity Schedules
(h) Bidder has failed to submit signed and dated Technical Proposal;
(i) Bidder has failed to submit signed and dated Bid Security;
(j) The Bid Security is not in accordance with ITB Clause 21.
9. Legal, Professional, Technical, and Financial Admissibility of Bids
9.1 After confirming the Bids comprise all mandatory documentary evidence establishing the
Bidder's qualification, the Public Body will rule on the legal, technical, professional, and
financial admissibility of each Bid, classifying it as compliant or non-compliant with
qualification requirements set forth in the Bidding Documents.
9.2 Legal admissibility
The Public Body may determine Bid as not responsive when:
(a) Bidder does not have nationality in accordance with ITB Clause 4.2;
(b) Bidder is found to have a conflict of interest as described in ITB Clause 6;
(c) Bidder has failed to submit valid business license indicating the stream of business in
which the Bidder is engaged, in accordance with ITB Clause 4.5(b)(i);
(d) Bidder has failed to register itself in the Public Procurement and Property Administration
Agency's suppliers list (mandatory for domestic Bidders only), in accordance with ITB
Clause 4.6;
(e) Bidder has been debarred by a decision of the Public Procurement and Property
(b) Bidder has failed to submit Certificates of satisfactory execution of contracts provided by
contracting parties to the contracts successfully completed in the period and budget as
specified in the BDS Clause 16.3 with a budget of at least that of this contract;
(c) Bidder has failed to provide in the Bidder Certification of Compliance Form information
about contracts similar to the proposed Works in the number, value, and period specified
in Section 3, Evaluation Methodology and Criteria;
(d) Bidder has failed to provide in the Bidder Certification of Compliance Form information
about non-performing contracts for the period specified in Section 3, Evaluation
Methodology and Criteria;
(e) Bidder has failed to provide in the Bidder Certification of Compliance Form information
about pending litigations as required in Section 3, Evaluation Methodology and Criteria;
(f) Bidder has failed to demonstrate in its Technical Proposal that it will have available for
the implementation of the Contract equipment listed in Section 3, Evaluation
Methodology and Criteria.
(g) Bidder has failed to provide in its Technical Proposal Design Documents and Drawings
(Form C of Section 6)
9.5 Financial admissibility
The Public Body may reject any Bid when:
(a) Bidder has failed to proof that it has adequate financial resources to manage this Contract
by completing relevant table in the Bidders Certification of Compliance form that is
furnished in Section 4, Bidding Forms.
(b) Bidder has failed to submit financial statements certified by an independent auditor as
required in ITB Clause 17.2(a) for the period specified in Section 3, Evaluation
Methodology and Criteria;
(c) Bidder has failed to submit other documents proofing its financial standing, as required in
the BDS Clause 17.2(b);
(d) The average annual turnover of the Bidder for the period specified in Section 3,
Evaluation Methodology and Criteria does not exceed the amount of the financial
proposal of the Bid in value specified in Section 3, Evaluation Methodology and Criteria;
(e) The Bidder has failed to demonstrate access to, or availability of, financial resources as
required in Section 3, Evaluation Methodology and Criteria.
(b) Where the best price offered by a Bidder is significantly higher than the market price
estimate of the object of procurement made by the Public Body prior to the issuance of
the Invitation for Expression of Interest.
(c) Where it is concluded that non compliance with the rules and procedures governing Bids
prescribed by the Proclamation and Procurement Directive led to the failure of the
Invitation for Expression of Interest to attract more than one Bidder, or where it is
believed that modifying the Bidding Documents could attract adequate number of
Bidders.
(d) Circumstances of Force Majeure render normal implementation of the Contract
impossible.
F. Award of Contract
1. Award Criteria
1.1 The Public Body shall award the Contract to the Bidder whose Bid has been determined to be
the lowest evaluated Bid and is substantially responsive to the Bidding Documents, provided
further that the Bidder is determined to be qualified to perform the Contract satisfactorily.
1.2 If Bids are being invited for individual contracts (lots) Contracts will be awarded lot by lot, but
the Public Body may select the most favorable overall solution after taking account of any
discounts offered.
1.3 If the Bidder is awarded more than one lot, a single contract may be concluded covering all
those lots.
2. Right to Vary Quantities at Time of Award
2.1 At the time the Contract is awarded, the Public Body reserves the right to increase or decrease
the quantity of Works originally specified in Section 6, Schedule of Requirement, provided this
does not exceed the percentages indicated in the BDS, and without any change in the unit prices
or other terms and conditions of the Bid and the Bidding Documents.
3. Announcing and Awarding of the Successful Bidder
3.1 Prior to expiry of the period of Bid validity, the Public Body shall notify in writing the result of
3.3 A letter of award to be sent by the Public Body to a successful Bidder shall not constitute a
contract between him and the Public Body. A contract shall be deemed to have been concluded
between the Public Body and the successful Bidder only where a contract containing detailed
provisions governing the execution of the procurement in issue is signed.
3.4 A letter of contract award to be sent to a successful Bidder may contain the following
information:
(a) That the Public Body has accepted his Bid;
(b) The total contract price;
(c) The list of items and their respective unit price;
(d) The amount of the performance security the successful Bidder is required to furnish and
the deadline for providing such security.
4. Signing of Contract
4.1 Promptly after notification of the proposed contract award the Public Body shall send the
successful Bidder the Contract.
4.2 Within fifteen (15) days of receipt of the notification of award, the successful Bidder shall sign,
date, and return it to the Public Body the Contract
4.3 The Public Body shall not sign a contract before seven working days from the date Bidders are
notified of the result of their Bid or of any complaint against the bid proceeding.
5. Performance Security
5.1 Within fifteen (15) days from signing the Contract the successful Bidder shall furnish the
performance security in accordance with the GCC, subject to ITB Clause 38.6, using for that
purpose the Performance Security Form included in Section 9, Contract Forms, or another form
acceptable to the Public Body.
5.2 If the performance security furnished by the successful local Bidder is in the form of a bond, it
shall be issued by a bonding or insurance company that has been determined by the successful
Bidder to be acceptable to the Public Body. A foreign institution providing a bond shall have a
correspondent financial institution located in the Federal Dem ocratic Republic of Ethiopia.
5.3 Failure of the successful Bidder to submit the above-mentioned Performance Security or sign
the Contract shall constitute sufficient grounds for annulment of the award and forfeiture of the
bid security.
5.4 Small and micro enterprises shall be required to submit a letter of guarantee written by a
competent body organizing and overseeing them in lieu of bid security, performance security or
advance payment guarantee.
5.5 Where the successful Bidder can not or is unwilling to sign a contract or furnish the above-
mentioned Performance Security, the Public Body may either declare the Bidder submitting the
second lowest evaluated Bid the successful Bidder or invite such Bidder to sign a contract or
advertise the Bid afresh by assessing the benefit of the two options.
Section 2. Bid Data Sheet
Table of Contents
A.General 1
B.Contents of Bidding Documents 2
C.Preparation of Bids 2
D.Submission and Opening of Bids 3
E.Evaluation and Comparison of Bids 4
F.Award of Contract 4
Instructionsto Bidders
Data relevant to ITB
(ITB) reference
A. General
ITB 1.1 The Public Body is: ELSA GETU
Registered Address: BULE HORA UNIVERSTY
ITB 1.1 The Bidding Documents is issued under Procurement Method: Local(national)
competitive bidding (open )
ITB 1.2 and 24.2(b) The Project name is: Residential building
General description of Works that are subject of the procurement is: The building are
residential building G+1 it are 6m height and 197.559 area
ITB 1.4and 24.2(b) The Procurement Reference Number is: NEEH/567/2022
ITB 1.4 The number and identification of Lots in this Bidding Documents is: 01R
ITB 4.1(a) The individuals or firms in a joint venture, consortium or association shall be jointly
and severally liable.
ITB 4.5(b)(ii) Domestic Bidders shall provide VAT registration certificate issued by the tax authority
in case of contract value of 100,000 and above.
ITB 4.5(b)(iv) Relevant professional practice certificate shall be required.BC4
ITB 4.7 A Bidder shall amend the evidence of its continued eligibility with the following
documents:
B. Contents of Bidding Documents
ITB 8.1 and 10.4 For questions and/or clarification purposes only, the Public Body’s address is:
Public Body: ELSA GETU
Attention: Engineer Chaltu
Floor/Room number: Block number 243 2nd floor room no 19
P.O. Box: 444
Street Address: In Bule Hora University
Town/City: Bule Hora
Post Code:
Country: Ethiopia Ethiopia
Telephone: +251922000409
Facsimile: +251949254636
E-mail address Natielisa.gmail.com
ITB 8.1 and 10.4 The deadline for submission of questions and/or clarifications is:
Date: 04 February 2022
Time: 10:00
C. Preparation of Bids
ITB 12.1 Language of the Bid shall be English
The Contract is :
ITB 13.1 Unit Price (Admeasurement) Contract, or
Lump Sum Contract
ITB 13.9 Request for price adjustment may be filed after expiration of from the effective date of the
Contract
ITB 13.12 Prices quoted for each lot shall correspond to at least percent 100% of the items specified
for each lot.
Prices quoted for each item of a lot shall correspond to at least 100%percent of the
quantities specified for each item of a lot.
ITB 14.1 For those inputs to the Works that the Bidder expects to provide from inside Ethiopia prices
shall be quoted in ETB………..
ITB 15.1 Bidder must provide in the Bidder Certification of Compliance Form information related to
its professional qualification and capability 3yrs in order to proof its professional capacity.
ITB 16.3 Bidder shall provide at least 2 Certificates of satisfactory execution of contracts
provided by contracting parties to the contracts successfully completed in the course of the
past years with a budget of at least 15000,000
ITB 16.7 The Public Body shall be undertake physical checking of current Bidder's technical
qualifications and competence.
ITB 17.2(b) As a proof of the bidder's financial standing the following documents need to be furnished:
…………….
ITB 19.1 Alternative Bids shall not be considered.
ITB 19.4 If alternative bids are permitted under BDS Clause 19.1 they must meet the following
criteria :not applicable
ITB 20.1 The Bid validity period shall be: 136
ITB 21.1 A Bid security shall be [ required……………
If a Bid security is required, the amount of the Bid security shall 216,014.96 (two hundred
sixteen million fourteen birr and nine tee six santm) .
ITB 23.1 In addition to the original of the Bid, the number of copies required is: 6 (for contractor,
consultant, owner, consultant head office, trudge, finance )
ITB 23.1 Bidders shall be required to submit bid documents in containing the technical and financial
proposals separately.
Technical proposal shall be consisted of mandatory documentary evidence listed in the
ITB Clause 23.2 (a) to (e);
Financial proposal shall be consisted of Price Schedule for the Works offered, as stated
in the ITB Clause 23.2 (f).
F. Award of Contract
ITB 44.1 The percentage by which quantities may be increased is 25%
The percentage by which quantities may be decreased is: 25%
Section 3. Evaluation Methodology and
Criteria
Table of Contents
A. Legal, Professional, Technical, and Financial Qualification Criteria 1
1. Legal Qualification of the Bidder 1
2. Professional Qualifications and Capability of the Bidder 2
3. Technical Qualifications, Competence, and Experience of the Bidder 3
4. Financial Standing of the Bidder 4
B. Evaluation of Bids 5
1. Determining the Successful Bid 5
2. Evaluation of the Technical Proposal 5
3. Evaluation and Comparison of Bid Price 7
4. Domestic Preference 8
5. Evaluation of Multiple Contracts 8
6. Completion Time 8
7. Technical Alternatives 8
This section, read in conjunction with Section 1, Instructions to Bidders and Section 2, Bid Data Sheet, contains all the factors, methods and
criteria that the Public Body shall use to evaluate a bid and determine whether a Bidder has the required qualifications. No other factors, methods
or criteria shall be used. The Bidder shall provide all the information requested in the forms included in Section4, Bidding Forms.
The Bids shall be examined to confirm that all documentary evidence establishing the Bidders' qualifications requested in ITB Clause 22 have
been provided;
After confirming the Bids comprise all mandatory documentary evidence establishing the Bidder's qualification the Public Body will rule on the
legal, technical, professional, and financial admissibility of each bid, classifying it as compliant or non-compliant with qualification requirements
set forth in the Bidding Documents;
A. Legal, Professional, Technical, and Financial Qualification Criteria
The following qualification criteria will be applied to Bidders:
CRITERIA
Bidder
FACTOR Joint Venture, Consortium or Association Documentation
Requirement
Single Entity All Partners At Least One Required
Each Partner
Combined Partner
4
Total points for criterion (4):
Σ Total Points for the Four Criteria (1+2+3+4) 100
(b). The Public Body will evaluate any technical evaluation criterion using the following
scoring scale:
SCORING DESCRIPTION
10 Excellent Exceeds the requirements of the criteria significantly and in beneficial ways/very
SCORING DESCRIPTION
desirable
9 Very Good Exceeds the requirements of the criteria in ways which are beneficial to our needs
FS =
Where:
FS = The Bid Price Score;
LFP = The lowest Bid Price;
CFP = The Bid Price under consideration
3.4 The Public Body shall then add the technical score to the Bid Price score to determine the
aggregated (total) Bid score and final ranking of Bids by applying the following method:
(e) For each Technical Proposal its technical evaluation score shall be normalized
according to the highest evaluated technical score that will get 100 points according
to which other scores of technical criteria shall be proportionally ranked.
Normalization is the transformation that is applied equally to every element in the
group of data so that the group has a specific statistical characteristic.
(f) The Public Body shall apply the following formula for the normalization of values of
the technical evaluation results:
TSN =
Where:
TSN = Normalized Bid Technical Proposal Score;
CTP = The technical evaluation score for the Bid under consideration
HTP = The highest evaluated Technical Proposal score
3.5 The Public Body shall award the contract to the Bid that has the highest point in the total
sum of results of the technical and Bid Price evaluation.
3.6 Where two Bidders get equal merit points in the evaluation, preference shall be given to
local Bidders.
3.7 The Public Body may require Bidders scoring equal merit points in the evaluation to
submit further Proposals on certain aspects of the Bidding Document with a view to
identifying the successful Bidder.
3.8 Where by reason of the Bidders scoring equal merit points not submitting final proposals
they are invited to submit, or by reason of the evaluation result of the final proposals
submitted by the Bidders being still equal the successful Bidder can not be singled out, the
successful Bidder shall be determined by casting lot in the presence, as far as possible, of
the Bidders concerned.
4. Domestic Preference
If the ITB Clause 34 so specifies, the Public Body will grant a margin of preference to local
construction companies for the purpose of bid comparison, in accordance with the procedures
outlined in subsequent paragraphs Responsive Bids shall be classified into the following groups:
(a) Group A: Bids offered by local construction companies and joint ventures meeting
the criteria of ITB Sub-Clause 34.3; and
(b) Group B: all other Bids.
For the purpose of further evaluation and comparison of Bids only, an amount equal to 7.5%
percent of the evaluated Bid prices determined in accordance with ITB Sub-Clause 34.3 shall be
added to all Bids classified in Group B.
5. Evaluation of Multiple Contracts
Since in accordance with ITB Sub-Clause 38.5 the Public Body shall not be allowed to award
one or multiple lots to more than one Bidder, the following methodology shall be used for award
of multiple contracts:
To determine the lowest-evaluated lot combinations, the Public Body shall:
(a) evaluate only lots or contracts that include at least the percentages of items per lot
and quantity per item as specified in ITB 13.12;
(b) take into account:
(i) the lowest-evaluated bid for each lot that meets the requirement of evaluation
criteria;
(i) the price reduction per lot and the methodology for their application as
offered by the Bidder in its bid; and
(ii) the contract-award sequence that provides the optimum economic
combination, taking into account any limitations due to constraints in supply
or execution capacity.
6. Completion Time
An alternative Completion Time, if permitted under ITB Clause 19.2, will be evaluated as
follows:
7. Technical Alternatives
Technical Alternatives, if permitted under ITB Clause 19.4, will be evaluated as follows:
Part 1: Bidding Procedures Section 4: Bidding Forms
6. Construction Schedule 26
7. Others 26
F. Curriculum Vitae for Proposed Personnel 27
G. Form - Data on Joint Venture/Consortium 28
H. Bid Security 29
Bule Hora
Ethiopia
SUBMITTED BY1: Natinael Tetere
Complete Legal Name and Address of the Seat of
Nationality2
the Bidder
1
One signed original Bid Submission Form must be supplied together with the number of copies specified in the
Instruction to Bidders.
2
Country in which the legal entity is registered.
3
Add/delete additional lines for members as appropriate. Note that a subcontractor is not considered to be a member for
the purposes of this bidding procedure. If this Bid is being submitted by an individual Bidder, the name of the Bidder
should be entered as "leader" and all other lines should be deleted.
Unconditional Discounts: If our bid is accepted, the following discounts shall apply for cost
variation . .
Methodology of Application of the Discounts: The discounts shall be applied using the
following method: ;
Conditional Discounts: If our bid(s) are accepted, the following discounts shall apply. .
Methodology of Application of the Discounts: The discounts shall be applied using the
following method: ;
(f) Our Bid shall be valid for a period of 166 day days from the date fixed for the Bids
submission deadline in accordance with the Bidding Documents, and it shall remain binding
upon us and may be accepted at any time before expiry of that period;
(g) The prices in this bid have been arrived at independently, without, for the purpose of
restricting competition, any consultation, communication, or agreement with any other
bidder or competitor relating to:
i. Those prices;
ii. The intention to submit a bid; or
iii. The methods or factors used to calculate the prices offered.
(h) The prices in this bid have not been and will not be knowingly disclosed by the Natnael
Tadere directly or indirectly, to any other bidder or competitor before bid opening.
(i) We, including any subcontractors for any part of the contract resulting from this procurement
process, are eligible to participate in public procurement in accordance with ITB Clause 4.1
and have not been debarred by a decision of the Public Procurement and Property
(o) We are not participating, as Bidders, in more than one bid in this bidding process, other than
alternative bids in accordance with the Bidding Document;
(p) We do not have any conflict of interest and have not participated in the preparation of the
original Schedule of Requirements for the Public Body;
(q) If our bid is accepted, we commit to submit a performance security in accordance with the
GCC Clause 58 of the Bidding Documents, in the amount of ETB for the due performance
of the Contract;
(r) We, including any subcontractors or suppliers for any part of the Contract, have nationalities
from eligible countries all parts are Ethiopian
(s) We will inform Elsa Getu immediately if there is any change in the above circumstances at
any stage during the implementation of the contract. We also fully recognize and accept that
any inaccurate or incomplete information deliberately provided in this Bid may result in our
exclusion from this and other contracts funded by the Government of the Federal Democratic
Republic of Ethiopia.
(t) We understand that this Bid, together with your written acceptance thereof included in your
notification of award, shall not constitute a binding contract between us, until a formal
contract is prepared and executed.
(u) We understand that you reserve the right to reject any or all Bids that you may receive.
Name Elias mesele
In the capacity of. Gneral Manager
Signed
Duly authorized to sign the Bid for and on behalf of Natenael Tedere .
Dated on 05 February 2022
Attachments:
1. Valid trade license indicating the stream of business in which the is engaged;
2. VAT registration certificate issued by the tax authority ;
3. A valid tax clearance certificate issued by the tax authority demotic Bidder ;
4. Business organization registration certificate or trade license issued by the country of
establishment ;
5. Relevant professional practice certificates.
6. Bid Security; and
7. Other documents requested by the Public Body
Position:
Authorized Representative
Address:
Information
Telephone/Fax
E-mail address:.
In case of JV, letter of intent to form JV including a draft
agreement, or agreement governing formation of JV, in
accordance with ITB Sub-Clause 4.1
Attached copies of original Form Data on Joint Ventures
documents of: In case of government owned entity from the Public Body’s
country, documents establishing legal and financial
autonomy and compliance with the principles of commercial
law, in accordance with ITB Sub-Clause 4.4.
4
One signed original Bidder Certification of Compliance Form must be supplied together with the number of copies
specified in the Instruction to Bidders. If this bid is being submitted by a joint venture/consortium, the data in the tables
below must be the sum of the data provided by the joint venture/consortium members.
We have attached an official written statement by a power of attorney (or notary statement, etc.)
proving that the above person, who signed the Bid on behalf of the company/joint
venture/consortium, is duly authorized to do so.
2. Financial Standing
Historic Information for Previous 2016 2022 Years
FINANCIAL DATA in 1 milli
Year 2 Year 1 Last Year Current Year Average
A. Information from Balance Sheet
1.Total Assets 1000,000 200,000 15,000,000 15,500,000 9,050,000
2. Total Liabilities 200,000 50,000 800,000 500,000 312,500
I. Net Value (1-2) 800,000 150,000 14,200,000 15,000,000 7,537,500
3. Current Assets 15,000,000
4. Short-term debts 50,0000
II. Working Capital (3-4) 14,950,000
B. Information from Income Statement
1. Total Revenue 5,000,000 2,000,000 7,000,000 10,000,000 6,000,000
2. Pre-tax Profits 1000,000 500,000 2,500,000 3000,000 1750,000
3. Losses 50,000 10,000 100,000 150,000 77,500
Along with financial data we provided above we have attached the following documents as proof
of our financial standing, as required in the BDS:
(c)
(d)
Attached documents comply with the following conditions:
Documents reflect the financial situation of the Bidder or partner to a Joint Venture, and not
sister or parent companies;
Historic financial statements are audited by a certified accountant;
Historic financial statements are complete, including all notes to the financial statements;
Historic financial statements correspond to accounting periods already completed and audited.
Annual Turnover Data (Works Only)
Year Amount and Currency
1 7,000,000
2 9,000,000
3 10,000,000
Average Annual
15,000,000
Works Turnover*
*Average annual turnover calculated as total certified payments received for work in progress or
completed over the number of years specified in Section 3, Evaluation and Qualification Criteria,
Sub-Factor 4.2, divided by that same number of years.
[Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total works
cash flow demands of the subject contract or contracts as indicated in Section 3, Evaluation and
Qualification Criteria.]
Financial Resources
No. Source of Financing Amount
1 Bank 10,000,000
2 .
3. Bidder's Organization
4. Technical Qualifications, Competence, and Experience in the Procurement
Object
As proof of the Natinael tedere technical and professional ability in executing Works of a
similar nature and volume to the ones listed in our Bid the table below summarizes the 3 major
relevant contracts successfully completed in the course of the past 6 yrsyears with a budget of at
least that of this Bid.
General Experience
Prime
Name of Period Percentag Contractor
Value of Client and Final acceptance
project/kind of e of Works (P) or
Works Place issued?
of works Contract Completed Subcontractor
(S)
A. In Home Country
Hadra
G+1 Natinael
Good 5month 100% Mohamme Yes: Not Yet No:
Building tedere
d
Boarding Minister of Natinael
Good 1yrs 99.5% Yes: Not Yet No:
school education Tedere
Prime
Name of Period Percentag Contractor
Value of Client and Final acceptance
project/kind of e of Works (P) or
Works Place issued?
of works Contract Completed Subcontractor
(S)
Yes: Not Yet No:
B. Abroad
Yes: Not Yet No:
Yes: Not Yet No:
Yes: Not Yet No:
Specific Experience
Prime
Name of Period Percentag Contractor
Value of Client and Final acceptance
project/kind of e of Works (P) or
Works Place issued?
of works Contract Completed Subcontractor
(S)
A. In Home Country
Yes: Not Yet No:
Yes: Not Yet No:
Yes: Not Yet No:
B. Abroad
Yes: Not Yet No:
Yes: Not Yet No:
Yes: Not Yet No:
The Clients' Certificates concerning the satisfactory execution of contract are attached to this
document
Attachments:
1. Statement issued by a power of attorney authorizing the signatory of the Bid and all related
documentation;
2. Certificates of satisfactory execution of contracts provided by contracting parties to the
contracts successfully completed in the course of the past years, as required in the BDS,.
3. Audited financial statements;
4. Documents required as proof of the Bidder's financial standing, as listed in the BDS.
P.O.BOX 144
Bule Hora
Ethiopia
BILL OF QUANTITY
BILL OF QUUANTITY
Item Un Rate Total
No Description it Qty Amount
A) SUBSTRUCTURE
1.Excavation and earth work
1.01 Clear and remove top soil on average depth of m2 197.55 28.04
200mm 9 5,539.87
1.02 Bulk Excavation in ordinary soil to 500mm depth to
remove alluvial deposit material.
m3 90.78 294.98 26,776.91
1.03 Pit excavation in ordinary soil to a depth
not exceeding
1500mm from reduced ground level m3 89.66 1060.12
95,051.54
1.04 Trench excavation for masonry foundation to
1000mm
depth starting from natural ground level m3 59.70 571.09
34,094.21
6
2.02 Reinforced concrete quality C-25,360kg of
cement/m3 fill into formwork and vibrated around
rod reinforcement
a) For footings m3 7.92 6,390.1 50,610.12
7
b) For foundation columns m3 2.56 6,390.1 16,358.83
7
c) For grade beams m3 5.54 6,391.4 35,383.18
7
2
d) For 100mm thick ground slab m 12.90 6,659.7 85,922.61
4
Total carried out summary 188,274.7
3
FORM WORK
2.03 Provide, cut and fix in position sawn structural wood
or steel formwork which ever is appropriate.
a) For footings m2 19.88 597.51 11,878.51
b) For foundation columns m2 26.23 597.51 15,672.46
c) For grade beams m2 70.08 734.71 51,488.15
d) For ground slab m2 12.90 6,391.4 82,461.47
7
Total carried out summary 161,500.5
8
RENFORCEMENT BAR SCHEDULE
2.04 Mild Steel reinforcement according to structural
drawings price shall include cutting, bending, placing
in position, tying wire
b) painting
2
W2 - aluminum frame (0.7x1.1) pcs 2 13836.3 27,672.64
2
W3- aluminum frame (2.8x1.5) pcs 2 13836.3 27,672.64
2
W4- aluminum frame ( 2.7x1.8) pcs 1 13836.3 13,836.32
2
W5- aluminum frame ( 1.8x1.4) pcs 1 13836.3 13,836.32
2
W6- aluminum frame ( 1.9x1.6) pcs 1 13836.3 13,836.32
2
W8- aluminum frame (1.5x0.7) pcs 1 13836.3 13,836.32
2
WD1- aluminum frame (3x2.1) pcs 3 13836.3 41,508.96
2
WD2- aluminum frame (1.8x2.15) psc 1 13836.3 13,836.32
2
Total carried out summary 235,217.4
7
6.1 GLAZING WORK
4mm frosted thick glass m2 9.06 770.18 6,977.81
2
4mm tinted thick glass m 11.47 862.85 9,896.83
6mm tinted thick glass m2 18.9 1120.91 21,185.10
6mm thick clear glass m2 5.76 17.88 103.02
6mm thick figured glass m2 8.4 27.95 234.74
Total carried out summary m2 38,397.50
7 FLOOR FINISHING
300mmx300mm marble for floor m2 61.43 385.36 23,672.41
2
300mmx300mm ceramic for floor m 42.49 531.85 22,598.39
300mmx300mm parquate for floor m2 147.5 1,593.0 234,966.9
0 9
100mm thick smoothly finished concrete m2 24.27 1,975.9 47,957.03
8
SANITARY FIXTURE
a) Sink double bowl pcs 1.00 68.21 68.21
b) water heater 50 lit, capacity pcs 1 24,799. 24,799.43
43
c) water heater 80lit and 100 lit. pcs 3 26,380. 79,140.78
26
d) low flash water closet pcs 4 21,236. 84,947.49
87
e) diam. 15-50mm galvanic steel pipes m 84.15 344.57 28,995.69
ass.plasterer 8 11.25
ass.glazer 8 12.5
ass. Electrtian 8 14
ass doz opp 8 16
ass driver 8 21
mix opp 8 37
B. Breakdown of basic supply prices for materials and consumables(converted into currency indicated in SCC)
C. Breakdown of basic hourly prices for equipment (converted into currency indicated in SCC)
(1) Replacement Value (RV) = Estimated purchase price (excl. tax) of a piece of equipment of same kind, but new, purchased in the country's
capital at the end of machine life span.
(2) Duties and taxes charged to the Contractor at the purchase date.
(3) 4+5
(4) Number of depreciation years by number of days worked per year.
(5) Daily depreciation = 6 / 7
(6) Average daily fuel consumption (the cost of the fuel is given with tax).
(7) Daily cost of lubricants (the cost of the lubricant is given with tax).
(8) Daily cost of spare parts (the cost of the spare parts is given with tax).
(9) Manpower price (man/day).
D. Breakdown of unit prices in the price schedule (converted into currency indicated in SCC)
Bill No.: Output per day:
Quantities foreseen:
Quantity Equipment Labor
TOTALS
Components ofor time Fuel / Total
Unit Depreciation Maintenance Total Currency/Day
the Bill using Lubricants Currency/Day Unit Price
Currency/Hour Currency/Hour Currency/Day (7+9)
hour/day Currency/Hour (4+5+6)
1 2 3 4 5 6 7 8 9 10
Labor
Materials
Equipment
Total (Currency/Day):
Net Cost :
Name:
In the capacity of
Signed:
Duly authorized to sign the Bill of Quantities for and on behalf of .
Dated on [insert day] day of ], 20
Name:
In the capacity of
Signed:
Duly authorized to sign the Bill of Quantities for and on behalf of .
Dated on [insert day] day of ], 20
TOTAL PRICE:
Specification
Item Description of Works Unit Quantity Price in Amount in
Reference
1
Summary
1 Item No. 1
Specification
Item Description of Works Unit Quantity Price in Amount in
Reference
2 Item No. 2
3 Item No. 3
4 Item No. 4
5 Daywork (provisional allowance)
I Summary Total (1+2+3+4+5)
II Add Contingencies
III Summary Total
IV Taxes
V GRAND TOTAL
DAYWORK SCHEDULE
L Labor
L01 day
L02 day
L03 day
L04 day
L05 day
Total Daywork Provisional Sum
Name:
In the capacity of
Signed:
Duly authorized to sign the Bill of Quantities for and on behalf of .
Dated on [insert day] day of ], 20
Signed:
Duly authorized to sign the Bill of Quantities for and on behalf of Natenael Tedere
Dated on 09 February , 2022
B. Breakdown of basic supply prices for materials and consumables(converted into currency indicated in SCC)
Unit PriceTransport toTax, Duties andLosses Total(6)
No. Description Unit Origin(1)
Origin(2) Site(3) Other Charges(4) % Value(5) (5+6+7+9)
1 2 3 4 5 6 7 8 9 10
B1 L
B2 m3
B3 m3
B4 T
B5 Kg
B6 m2
B7 Kg
B8
This list is not exhaustive.
(i) Geographical location of the Contractor or quarry.
(ii) Supply or cost price at the quarry or on delivery in the country.
(iii) Cost price of transport from the quarry or delivery to the Site.
(iv) To be borne by the Contractor.
(v) Any losses or breakages to be determined by the Bidder.
(vi) Basic prices for supply of materials: = 5+6+7+9
Name: Hawi Getachow
In the capacity of auditor
Signed:
Duly authorized to sign the Bill of Quantities for and on behalf of Natnael Tedere
C. Breakdown of basic hourly prices for equipment (converted into currency indicated in SCC)
Spare Average
Replacem RV +No. Days Dep. / Fuel Lubricant Labor
Purchase Duties, Parts Total Daily Total /
No. Description Value Taxes(3) Useful Day(5) Cost /Cost / Cost /
Date Taxes(2) Cost / /Day(10) Working Hour(12)
(RV)(1) (4+5) Life(4) (6 / 7) Day(6) Day(7) Day(9)
Day(8) Time(11)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
C1
C2
C3
C4
C5
C6
(1) Replacement Value (RV) = Estimated purchase price (excl. tax) of a piece of equipment of same kind, but new, purchased in the country's
capital at the end of machine life span.
(2) Duties and taxes charged to the Contractor at the purchase date.
(3) 4+5
(4) Number of depreciation years by number of days worked per year.
(5) Daily depreciation = 6 / 7
(6) Average daily fuel consumption (the cost of the fuel is given with tax).
(7) Daily cost of lubricants (the cost of the lubricant is given with tax).
(8) Daily cost of spare parts (the cost of the spare parts is given with tax).
(9) Manpower price (man/day).
(10) Daily basic prices of piece of equipment = 8+9+10+11+12
D. Breakdown of unit prices in the price schedule (converted into currency indicated in SCC)
Materials
Equipment
Total (Currency/Day):
Net Cost :
E. Technical Proposal
Place and Date Bule Hora Universty
Procurement Reference No.: NEEH/567/2022
Alternative No.: NEE /1813/2021
To: Besides private sector also takes a huge stake as a client particularly any in the hanging
sector
Attn. Chaltu Rabira
Address: Bule Hora Universty
P.O.BOX ………
Bule Hora
ETHIOPIA
1. Personnel
The following Team Skill Matrix identifies the personnel to be employed on the contract and
their skills that are relevant to the role in the contract team and are required for successful
execution of the contract:
FORM PER 1: Proposed Personnel
Expert Name Grima Alemayew
Title of Position: Manager
Nationality: Ethiopia
Resume Page
Qualification Knowledge Level Comments
Reference
Degree proficient - -
2. Equipment
[The Bidder shall provide adequate information to demonstrate clearly that it has the capability to
meet the requirements for the key equipment listed in Section 3, Evaluation and Qualification
Criteria. A separate Form shall be prepared for equipment not owned by the Bidder, or for
alternative equipment proposed by the Bidder. The Bidder shall provide all the information
requested below, to the extent possible.]
DESCRIPTION Power/ No ofAge Current
No. Source of equipment
(type/make/model) capacity units (years) Location
A. Construction Plant
Compactor (10T) 10ton 1 3 Owned Rented Leased
Surveying instruments 1 2 Owned Rented Leased
Formwork (m2) 300m2 1 Owned Rented Leased
Concrete Mixer 350Lt 1 4 Owned Rented Leased
B. Vehicles and Trucks
Dump Truck 16m3 1 2 Owned Rented Leased
Loader 20 ton 1 3 Owned Rented Leased
Owned Rented Leased
Owned Rented Leased
C. Other Plant
Owned Rented Leased
Owned Rented Leased
Owned Rented Leased
The following information shall be provided only for equipment not owned by the Bidder
Owner Name of owner: Elsa Getu
4. Method Statement
1 WORK METHODOLOGY
This construction method consists of each particular construction activities by their category or
type to achieve the completion of the construction in accordance with the given contractual
obligations.
SITE ESTABLISHMENT
This part covers all the works and resources involved in the establishment of the office and store.
The office and store will be constructed inside the compound which makes the ease of office
work and material supply.
• We will plan the amount depending on the financial status of the owner but its better to buy and
deliver one third of the total amount to decrease transportation cost and other costs related to
delivery.
Raw materials like Eucalyptus tree “atana”, Cement, reinforcement bar, and other machines like
Vibrators, mixers and others will be delivered first.
Precaution
• A store for all construction materials. Especially, cement storage needs due consideration. The
store should have a ramp, elevated for some height to prevent from damping effect of moisture.
• Formworks storage also needs special care. They should be straight and smooth to create sound
surface on the structures. But due to storage they loose straightness. So we will have leveled
surface for formwork storage. In case of steel made formworks it will be protected and galvanized
using lubricating oils.
This part of the site clearing works consists of the demolition, removal of drainage structures, and
poles which are not designated or permitted to remain.
The method is performed as follows:-
Any voids below ground level in existing structures or installation will be filled with
approved material before the construction of the subsequent work.
Arranging disposing areas.
Materials resulting from the demolition of structures and installation will be disposed or
stored as instructed by the engineer.
Scope of work:
The scope of work applies to all excavations with depth more than 2.0m which includes basement
excavations, pile boring, etc.
Responsibility:
The Project Engineer/site engineer is responsible for the supervision of deep excavations. Chief
engineer will bear the overall responsibility. Project engineer/site engineer will assist chief
engineer in reviewing the Method Statement submitted by contractor and approve the same and
also to supervise the excavation works as stipulated in the procedure.
Documents
1) Approved foundation drawings with depth of excavation, which shall include the Design depth
as per drawing, levels, Excavation protection measures viz, Sheet pile or soldier piles or shoring
drawings
2) Structural drawings showing the foundation details
3) Approved Method statement of contractor.
4) Safety and environmental measures.
• Earthwork include all necessary clearing, grubbing, stripping and excavation within the limits of
the work.
• Earthwork also include removal of obstructions visible on ground surface, underground
structures and utilities indicated to be demolished and removed, removal and disposal of
unsuitable materials and debris, excavation of earth, weathered and hard rock, borrow excavation,
placement of suitable fill (backfill from site, selected fill from quarry, hard-coring, etc.), cart-
away, dewatering, diversion ditch excavation and any other item of work necessary to conform to
the Specifications, and to conform to the line, grade and cross section shown on the drawings, or
as directed by the assigned engineer.
• Excavation will be performed by practicable method dependable with the integrity and
protection of the work and neighboring structures, workmen, and the public.
• Foreign material or unsuitable foundation material encountered such as wood, boulders, etc.
which obstruct the excavation, shall be removed.
• When any foreign or unidentified object is encountered during earthwork, it shall be reported
immediately and shall be requested for method of removing, before any action is taken.
Method of excavation
Obtain the good for construction drawings from the Architect/Engineer. Engineer refers
to the Geotechnical/Structural consultant.
Review and study the drawings well in advance viz before the start of construction and
obtain all clarifications from the Architect/engineer.
Demarcate the excavation setting out plan with reference co-ordinates and levels.
Please note that the survey bench marks are away from the excavation in order to
prevent the damage to markers and to maintain accuracy.
Cable or utilities scanning has to be done in order to avoid the cables and pipes and
underground utilities damage. It is recommended to go for trial pits so that
underground utilities can be find out.
Protect and support underground utilities.
Mobilize the machinery for excavation.
Start the excavation from one end and proceed to another end in layers such as one
meter depth layers.
If the excavation depth exceeds 2.0m depth, it is necessary to protect the sides of
excavation by driving sheet piles or soldier piles or timber shoring with strutting. The
vertical members to protect the excavation is to be driven first followed by horizontal
members.
The other option is to provide slope not less than 1:1.5 with intermediate berms and the
slopes have to be protected by short cresting or planting grass etc.
After the completion of excavation 0.5m below the first strut level, install the first strut
as per the drawings. The procedure may be repeated till the bottom of excavation.
If the excavation is deep, it is better to provide long arm excavators to reach the
required level.
Stack the soil away from the excavation edge to prevent soil collapsing to the excavation
area.
In case of soil disposal, appoint banks man to guide the machinery movement.
Appoint signal man if the excavation is done by a mini excavator followed by soil
disposal by another excavator.
Provision for drainage is to be made with sufficient pumps and collecting.
If there is ground water percolating to excavation, Please inform the Consultant and find
out suitable preventive measures.
All the excavation area is to be barricaded with GI hand railing and sign boards such as
“deep excavation is in progress, stay away” to be kept in all languages which can
understand by workers easily.
Sufficient flood lights have to be provided at regular intervals.
Complete the excavation as per the levels mentioned in the Method statement.
In case of over excavation, fill the extra depth with PCC.
After the completion of excavation inform the architect/Engineer to visit the site for
checking.
The next step of construction can only be started after the approval of excavation by
Architect/engineer
General Procedures
• Excess excavated material and unsuitable materials shall be disposed off from the site to the
city’s municipally approved areas as stated in the cart-away specification.
• The sides of excavation shall be supported as necessary to maintain vertical face and to prevent
fall or slip of any nature at any-time during the duration of excavation and backfilling works.
• If unsuitable bearing materials are encountered at required finished elevations, carry excavations
deeper and replace excavated material as directed by assigned engineer.
Safety measures
All the workers at the excavation shall wear PPE at all times such as Safety helmets,
safety shoes, Safety harness or belts, Gloves etc.
All the workers have to be briefed about the excavation and safety measures required
for excavation.
Deploy enough banks man, signal man if there are many excavators viz more than 2.
The soil shall be stacked away from the edge of excavation to prevent collapse of soil on
to workers working at bottom.
All the excavation area shall be barricaded with GI hand railing and should be strong
enough to take the loading of human beings slanting on it.
All the excavation areas to be provided with enough flood lights, the light intensity at
any point shall not be less than 150amps.
Sign boards to be kept at all visible places and to be protected.
Close supervision and recording by site engineer/ supervisor is required.
Place fire extinguisher / first aid box near the access.
Proper access with hand railing to be provided to the bottom of excavation.
In case of dry weather, Sprinkle water to prevent dust pollution, and cover the soil
stacking area with canvas.
All the machinery has to be checked by the operators every morning before the start of
work and to fill the check lists with signature.
The speed limit of dumpers to be controlled.
The dumpers drivers are responsible for any collapse of soil from dumper or flying of
dust to atmosphere.
All survey results have been & will be undertaken under the supervision of the engineer’s
representation or his delegated site inspector staffs, and all the survey works will be submitted to
the engineer in computerized format which can be used directly as in put data for the engineer’s
design program.
Steps to be followed
- The corners of the structure will be located from the existing bench marks with reference
to the site plan.
- Profile board ( Modini) is first constructed around the structure at a minimum offset of
distance of 1 meter leaving sufficient space for any construction purpose after clearing
and grubbing has done
- The profile board should be strong enough to support the tension applied from the
carpenter’s string and also the elevation of the bard will be kept equal using water levels
stretched all around. (if possible it should be made from timber to keep the water level of
the whole grid in equal position)
- Finally the controlling (Checking) points will be located using precise surveying
equipment in coordinate form (Nothing, Easting and Elevation)
Precaution
Procedures
• Place selected backfill material around structures, and other areas described in the Specification,
including authorized over-excavated areas, to the lines and grades shown or specified.
• Backfill work includes selecting material used for backfilling, compaction, considering water
content and selecting equipment used.
• Materials for backfilling shall consist of the excavated or approved borrow materials and shall
be free of trash or other debris.
• Place excavated earth backfill to the lines and grades shown in the drawings that are not
required to receive borrow structural backfill material.
Precaution
• Excavation shall not be backfilled until the construction details have been inspected, tested (if
necessary) and approved by the Engineer.
• After completion of foundation footings and walls and other construction below the ground
elevation, and prior to backfilling
• The concrete sheer wall or masonry shall fully set and shall be done in such a way as not to
cause under-thrust on any part of the structure.
• Obtain the specified compressive strength and finish of concrete work per the Specifications
before start of backfilling.
• All works of shoring and form work placed in the foundation, shall be removed after they attain
their strength.
• Trash and debris of any sort shall be cleared out from the excavation.
• Check the grain size and moisture content of the material.
• Where suitable excavated material is to be used for back filling, it shall be brought from the
place where it was temporarily deposited and shall be used in backfilling.
• All the space between foundation concrete and the sides of excavation shall be backfilled to the
original surface with approved materials.
Material
Concreting in hot weather largely overcome by placing the concrete with sufficient speed and
preventing it from drying out. Concrete sets more quickly when it is hot and, consequently, it
should not be left standing in hot weather. Where there is likely to be a delay in placing, the
aggregates could be sprayed with water to cool them, but the increase in water content should be
allowed for alternatively, or in addition, a retarding admixture may be used. Ready-mixed
concrete which may be subject to delay should be kept agitating.
Concrete has many properties, such as: strength, durability, consistency, and workability, the two
essential properties of hardened concrete being durability and strength. Both properties are
affected by the voids or capillaries in the concrete which are caused by incomplete compaction or
by excessive water in the mix. Within certain limits, the higher the cement content and the lower
the water/cement ratio, the stronger and more, durable will be the concrete. Having dense
impervious concrete is-also necessary if it is to retain or exclude water and corrosion protection to
reinforcement.
The requirement that air voids be kept to a minimum means that the materials must be so
proportioned that the mix is workable enough to be fully compacted with the means available.
The use of mechanical compaction equipment allows a drier and potentially stronger and more
durable mix to be used than if compaction is done by manual methods.
Testing concrete is only to confirm the concrete produced meets the desired properties the
main part is having true-construction practice. The fundamental part being the control maintained
by the contractor to assure that all materials submitted for acceptance conforms to the contract
requirements. Pre-conditions to be fulfilled for Concrete work
The following activities and equipment’s will be checked with respect to corresponding method
statements specified prior to concrete production.
• Since concrete is workable material while it is fresh, but difficult once it hardened even to
demolish. We will carefully check the following drawings superimposing one over the other.
• The type and quality of cement including date of expire,
• the quality of local materials, such as gravel, sand, etc.
• The quality of water,
• The formwork construction,
• Position & number of reinforcement bar,
•The equipments required (mixer, vibrator, etc.),
Activity:
The series of operations which will be performed on the raw materials will determine the
strength, durability and appearance of the finished work.
Concrete will be mixed on site with concrete mixers and cast in place after the approval by the
engineer and left free from any disturbance to be cured for sufficient time until it attains its
strength.
After the engineer’s approval of the ingredients of concrete, the re-bar and the formwork
construction, fresh concrete shall be mixed with the help of high capacity concrete mixers and
transported by dampers and then pored in to the formwork using crane in combination of concrete
bakete.
Before the concrete is placed in its final position, the insides of the forms will be inspected to
make sure they are clean and have been treated with release agent. Where the forms are deep,
temporary openings should be provided for this inspection. Rubbish, such as sawdust, shavings
and wire, will be blown out with compressed air or broom.
The concrete will be placed in its final position rapidly so that it is not too stiff to work. On no
account water will be added after the concrete has left the mixer. A mass of concrete, which will
have to be moved to some other part of the form, should not be allowed to accumulate in one
place. The concrete will be placed as closely as possible to its final position. It will never be
moved by vibrating it and allowing it to flow, as this may result in segregation which will show
on the surface of the finished work.
3.3 Vibration
If concrete is to achieve its maximum strength, it must be compacted so that it contains the
minimum of unwanted air. This is easy with a wet, workable mix, but the excess water in this sort
of concrete contributes to weakness. The strongest and most durable concrete is as dry as can be
fully compacted by the means available.
Concrete will be compacted using poker type vibrators inside the formwork & around the
reinforcement. Care should be taken:-
• It will be placed vertically in the concrete, held in position until air bubbles cease to come to the
surface
• Over-vibration is not allowed, but it is not as common as under-vibration. Over-vibration may
cause segregation and the formation of a weak layer is formed at the top of a pour.
Unless the bars are rigidly fixed in the correct position, the reinforcement may be displaced
during concreting, particularly if the concrete is vibrated. Top layers of horizontal steel should be
well supported on concrete spacers so that they are not displaced by operatives walking on them
or by other excessive loads such as bundles of unfixed reinforcement both of which should be
actively discouraged as possible.
At all intersections, the bars or links will be securely tied together with black wires. The
ends of the wire ties must not point towards the face of the concrete and all ends will be
cut of or, preferably bent
Reinforcement bar first will be free from loose mill scale, loose rust, dirt, oil, grease,
paint, retarders, hardened concrete stuck to erected reinforcement bars, etc. and/ or other
harmful matter which might prevent the proper adhesion to concrete.
The Scope of the work will include any wire brushing or other cleaning of steel
reinforcement as may be necessary and, if directed by the Engineer, the reinforcement
will be cleaned before being placed in position and before pouring concrete.
Reinforcement bar will be straightened before cutting and bending, Shop (ST) drawings
showing the bar length, bends, points of splices, splice lengths, bar number and other
necessary information will be given.
• The reinforcement will be stored so that it is kept clean and reasonably free from rust and other
impurities.
• Every bar will be checked for corrosion, crack & cleanness before put into use
• Every bar will be straightened before cutting and bending,
• Covers will be kept as specified in the design using appropriate spacers
• Spacers will be of such materials and will be durable, not lead to corrosion of the reinforcement
and not cause spalling of the concrete cover.
• Spacer blocks made from cement, sand and small aggregate will match the mix proportion of
the surrounding concrete so far as practical with a view to being comparable in strength,
durability and appearance.
Risk:
The risks that ultimately affect the strength and the intended purpose of the Reinforcement are:
• Improper stockpiling of reinforcement bars that lead to corrosion (Loss of effective area/ size)
• Improper Placing of reinforcement bars (Miss-positioned, lucking concrete spacers there by
unable to keep the specified concrete cover to reinforcement
• Placing Un-straightened reinforcement bars in structural members,
• Uneven distance of stirrups in columns and beams,
Formwork types can be off Timber, I section, and steel and 2cm thick ply wood panels &
bracings to the required levels with the help of carpenters & their helpers. The purpose of
formwork is to contain freshly placed and compacted concrete until it has gained enough strength
to be self-supporting, to produce a concrete member of the required shape and size, and to
produce the desired finish to the concrete. To achieve this, the general design and construction
requirements of formwork should be sufficiently rigid to prevent undue deflection during the
placing of the concrete.
Note:
All formwork will be inspected and approved by the Engineer before concrete is placed within
it.
• Formworks can be constructed from steel panels and/or lumber, steel and/or wooden props &
bracings to the required levels.
• The formwork will be stiff enough (will have sufficient strength) to carry safely weight of
material to be supported and working load.
• Except where specially noted, dimensions, levels, sizes, positions and covers are to be exactly as
dimensioned or specified with the allowable tolerances for cast in-situ concrete resulting from the
formwork put into use:
As Cast-in-place concrete requires formwork to define its shape as it cures in addition the
following points will be considered: -
• It will be water tight to protect leakage of cement paste (grout),
• It will be smooth enough to produce the required finished surface especially if the concrete to be
accurate finish,
• We will construct formwork in such a way that concrete members and structures are of correct
size, shape, alignment, elevation and position.
•We will erect false work and support, brace and maintain it to safely support vertical, lateral and
asymmetrical loads applied until such loads can be supported by in-place concrete structures.
• We will support form facing materials by structural members spaced sufficiently close to
prevent deflection. Fit forms placed in successive units for continuous surfaces to accurate
alignment, free from irregularities and within allowable tolerances.
• Clean and repair surfaces of forms to be re-used in the work. Split, frayed, delaminated or
otherwise damaged form facing material will not be acceptable. Apply new form coating
compound material to concrete contact surfaces as specified for new formwork.
• When forms are extended for successive concrete placement, thoroughly clean surfaces, remove
fins and laitance, and tighten forms to close all joints. Align and secure joints to avoid offsets. Do
not use "patched" forms for exposed concrete surfaces.
• Timber/lumber forms must be stored for re-use after they are securely braced to avoid warping.
• No forming material must be allowed to be built permanently into exposed visible surfaces.
4.3 Curing
Curing should start immediately after the removal of formwork and, if necessary, the concrete
should be insulated as a protection against low temperature. Timber formwork is frequently a
good insulator in its own right, so in winter it is particularly important to avoid thermal shock to
the warm concrete when timber or insulated steel forms arc removed and the concrete is exposed
to the air. If the formwork is not required elsewhere, it may suffice to leave it in place until the
concrete has cooled from its high early temperature. The formwork must be removed slowly: the
sudden removal of wedges is equivalent to a shock load on the partly hardened concrete. Careful
removal is also less likely to damage the formwork itself and will thus prolong its life.
• The concrete will be cured for sufficient time with water or by applying covering to the concrete
surface. Care will be taken that no concrete be left to dry prematurely so that the fresh concrete
will be protected from rain, sun and wind by applying water on sacking, sand, sawdust or other
approved means wherever applicable.
• To prevent evaporation of moisture and the consequent formation of cracks in the surface, the
curing of horizontal surfaces exposed to the sun or to drying winds will begin immediately the
concrete has been placed and finished.
Before we test concrete, it is important that to obtain a representative sample of the material while
at the same time minimizing the possibility of non-specification material being incorporated into
the structure or pavement. All standards prohibit sampling from the initial concrete discharge
from the Mixer. The tests being:-
The moulds for test cubes will be made of steel or cast iron with the inner surfaces parallel to
each other and machine-faced having a metal base-plate with true surface to support the mould
and prevent leakage.
It is essential that the concrete in the cubes will be fully compacted in three layers as per technical
specifications and/or documents.
3-Procedure in Concreting
Activity:
• Aggregate, sand and cement is transported near the concrete mixer and the mixing star with
controlled mix proportion.
• Concrete is placed before setting has commenced and in any case within 30 Minutes from the
time that the water is added in the mixer.
• It will be vibrated with vibrators during the placing work inside the formwork & around the
reinforcement. Care will be taken to prevent segregation of the materials in the concrete while
placing and vibration as well as bleeding of concrete.
• Larger vibrator diameters can be used
• Concrete is not dropped in any way during placing from a height in excess of 1.5 meter.
• Slump test is to be checked as the casting goes on.
• Representative samples will be taken.
• Curing goes on.
• Finishing.
• Demolish
Layout
Excavation
Raft Foundation
Attic slab
Activity sequence up to upper roof
Management flow
Mandatory equipment
Already tested and inspected by consultant. The mounting brackets/accessories supplied with the
sanitary ware shall be as per approved material and shall be properly utilized and installed as per
recommendation of manufacturer
5. Mobilization Schedule
6. Construction Schedule
Value of subcontract asExperience in similar
Work intended to beName and details of
percentage of the totalwork (details to be
subcontracted subcontractors
cost of the project specified)
Formwork Melese formwork 10% 2
Robel aluminum
Aluminum 3% 4
trading
Rebar Kuma steel work 12% 6
7. Others
3. Name of Staff:
4. Date of Birth: 5 NOVEMBER 1970 Nationality: ETHIOPIAN
5. Education: DEGREE
7. Other Training:
Proposed proportion of
responsibilities between members (in
7.
%) with indication of the type of the
works to be performed by each
Name
In the capacity of
Signed
Duly authorized to sign the bid for and on behalf of .
Dated
Bid Security
Duly authorized to sign the Bid for and on behalf of: Natenael Tedere
Dated on 05 February 2022
Goods supplied and Works provided under the Contract may originate from any country
except if:
(a). As a matter of law or official regulation, the Government of the Federal Democratic
Republic of Ethiopia prohibits commercial relations with that country, provided that
the Government of the Federal Democratic Republic of Ethiopia is satisfied that such
exclusion does not preclude effective competition for the provision of goods or related
services required; or
By an act of compliance with a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations, the Government of the Federal Democratic
Republic of Ethiopia prohibits any import of Goods from that country or any payments to persons
or entities in that country.
Part 2 Schedule of
Requirement
Section 6. Schedule of Requirements
Table of Contents
A. Scope of Works 1
B. Technical Specification 2
1. Preamble to Schedule of Rates 2
2. General Requirements 3
3. Protection of the Environment / Works 3
4. Equivalency of Standards and Codes 4
5. Project Sign Boards 4
6. Work Item Specifications 4
C. Design Documents and Drawings 8
1. List of Drawings Attached 8
2. List of Design Documents Available 8
D. Bill of Quantities or Activity Schedule 9
1. Preamble 9
2. Terms Relating to Payments 10
3. Pricing 10
4. Completing the Bill of Quantities 10
5. Description of Unit Prices 10
6. Bill of Quantities or Activity Schedule 11
A. Scope of Works
B. Technical Specification
(k) Setting out, including the location and preservation of survey markers, measurement
and supervision,
(l) The opening operation and reinstatement upon completion of all quarries and borrow
pits,
(m) The construction and maintenance of the temporary diversion routes as required, the
control of traffic, and the provision of temporary road signs as described or
otherwise necessary for the safe performance of the Works,
(n) Injury caused to the works under construction, plant, materials and consumable
stores by weather,
(o) Co-ordination with other Contractors or Authorities carrying out work either in
connection with or adjacent to the works,
(p) The protection of mains, ducts and services,
1.3 Each individual item shall have a rate or price entered against it.
1.4 Unless expressly stated otherwise the Contractor shall allow in his rates and prices for
carrying out the works at any location within the Network, for setting up at each Site and
for movement between Sites.
1.5 The Contractor shall allow for the items in the Schedule of Rates being used only once, a
number of times or not at all and in any quantity during the currency of the Contract
1.6 Where the Schedule of Rates includes separate pay items depending on work quantity, this
shall be on the basis of the quantity of each work Item instructed by a single Works Order.
1.7 The final measurement of quantity against each item on a Works Order shall be computed
net to two decimal places from the dimensions stated in the Contract unless stated
otherwise in the Specifications or stated on the Works Order.
1.8 The measured quantity for each item of work executed by the Contractor in accordance
with the Contract shall be measured net and no allowance will be made for waste, bulking,
shrinkage, increase or decrease of volume due to compacting or to the provision of working
space.
1.9 Where in the Contract a choice of alternatives is permitted, the scheduled description and
the rates and prices inserted shall be deemed to cover any of the permitted alternative
materials or designs the Contractor may elect to use.
1.10 The Schedule of Rates does not include or infer any pre-estimate of the required work
quantities. The Contractor should make his own predictions regarding the amounts,
frequencies and distribution of the Works based on the information contained in the
Contract, his own experience of patterns of road deterioration, and his pre-tender
inspection of the Network. The Contractor is entirely responsible for any inaccuracies in
his predictions.
1.11 Except in circumstances as provided for in the Contract, the Contractor will not be entitled
to any monthly interim payment or any other payment on account until all the work
required by a Works Order is complete. Payment will then normally be claimed in the next
monthly statement following certified completion by the Engineer. However, payment for
continuous Length-Person activities may be claimed on a regular monthly basis in arrears.
2. General Requirements
The Contractor shall engage only those people who have been adequately trained and instructed
in their duties. All operators of equipment and vehicles shall be competent and hold all necessary
licenses in accordance with current legislation. The Contractor shall employ sufficient numbers of
helpers and watchmen who shall guide operators and provide warning of potential conflict with
people and other vehicles, as applicable.
The Contractor shall pay due regard to the safety of his workers.
Where appropriate, the Contractor shall pay particular attention to the safety of operators and all
persons in the vicinity of fuel transfer / storage operations. A prohibition on smoking must be
actively enforced when close to flammable liquids.
All equipment and vehicles shall be in a good and safe working condition. The Contractor must
have contingency arrangements in place to attend to personal injuries that may result from
accidents occurring within the work site.
3. Protection of the Environment / Works
The Contractor shall take all reasonable precautions to preserve the condition of the environment.
In particular:
(q) No pollutants shall be allowed to enter any watercourse;
(r) No unauthorized or indiscriminate felling of trees shall be permitted;
(s) No open or uncontrolled fires shall be permitted;
(t) The Contractor shall not cause areas of stagnant water to form, on the surface or in
open containers;
(u) All spoil or waste materials remaining after the works must be neatly disposed of in
approved dump sites;
(v) The Contractor shall ensure that the Works, including the action of individual
workers, do not result in any littering. Where such littering does occur the Contractor
shall be responsible for the collection and proper disposal of the litter;
(w) The use of herbicides and pesticides shall not be permitted.
(x) Excavations, finished works are to be protected from adverse weather and any work
damaged by adverse weather is to be repaired by the Contractor.
4. 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 Employer’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
Engineer at least 28 days prior to the date when the Contractor desires the Engineer’s consent. In
the event the Engineer determines that such proposed deviations do not ensure substantially equal
or higher quality, the Contractor shall comply with the standards specified in the documents.
5. Project Sign Boards
The Contractor shall provide, erect and maintain, Project Sign Boards at all the principle
boundaries to construction location. The cost of providing and maintaining the sign boards should
be included in the rates tendered for other work items and will not be separately reimbursed.
6. Work Item Specifications
The pages that follow provide the work Specifications for each of the term work activity Items. A
standard layout sheet is used for the Specifications of each Item. As well as stating the title,
reference number and units for measurement, these provide information under the following
headings:
(a) Description – provides an overview of the repair / work technique and the circumstances
when it is normally used.
(b) Typical Equipment – where included, provides advice on key items of equipment needed
to perform the work. This is for guidance only and the Contractor may select his own
resources.
(c) Materials – describes and defines the type and quality of main materials which are to be
incorporated into the work.
(d) Work Specifications – describes the general methodology for performing the work, states
any mandatory requirements (e.g. when mechanical compaction must be used), required
standards of workmanship quality and any required testing.
(e) Measurement and Payment – describes in what units and how the accomplished work is
to be measured for the application of unit payment rates. The units of measurement used are
those of the International System of Units (SI). No other units may be used for measurements,
pricing, detail drawings etc. (Any units not mentioned in the technical documentation must also
be expressed in terms of the SI.) Abbreviations used in the specification are to be interpreted as
follows:
Mm means millimeter H means hour
M means meter L.s. means Lump sum
mm² means square millimeter Km means kilometer
m² means square meter L means liter
m³ means cubic meter % means per cent
Kg means kilogram N.d means nominal diameter
To Me1ans tone (1000 kg) m/m means man-month
Pcs means pieces m/d means man-day
SPECIFICATION
1.INTRODUCTION TO SPECIFICATION
B+G+1 RESIDENCE BUILDING PROJECT SPECIFICATIONS
The building specifications are an important group of documents which forms part of
Sthe contract. Specifications are written instructions to be used in conjunction with
the drawings so that together they fully describe and define the work that is to be
accomplished along with the method and quality that will be required.
Building specifications are made up of the following types of documents.
Plans specification
Elevations specification
Material specifications
Color specifications
Product specifications
Floor and wall covering specifications
This document consist a specification for B+G+ 1 residential building that has Type
and quality of materials and equipment, Methods of installation and erection,
Allowance submittals and substitutions, Standards and codes.
1.1 Specification for B+G+1 residential buildings
Objectives
The objectives of the technical specifications are to:
Set standards for the technical aspects required in the construction, for the
execution of the construction and for documenting the design, tendering and
construction process
1.2 General Requirements
General
Accordingly the following conditions should be considered:
The specification is taken when there is any opposed design ideas exist between
the drawing and specification.
The quality of material should be as per specification.
The procedure of design arrangements should follow the quality assurance plan.
3. Masonry work
Stone obtained from quarries approved by the Engineer shall be hard & sound, free from
vents, cracks, fissures, discoloration, or other defects and 400mm Thick stone masonry
bedded in cement mortar (1:3) mix under grade beam around the peripheral of the
building. Price shall include cement mortar.
1.5 Specification for super structure
B. Concrete work
1. Reinforced concrete
Reinforced concrete quality C-25, 360 kg of cement/m3 filled in to form work and
vibrated around rod reinforcement (Formwork and reinforcement measured separately)
a) In elevation columns
b) In floors and top tie beams
c) In staircase and landing
d) In100mm thick ground floor slab
2. Formwork
Provide, cut and fix in position wooden or metal form work that should be strong enough
to resist the pressure of fresh concrete and painted with approved type of mold oil before
any placement of concrete is carried out:
A. In elevation column
B. In beam of intermediate and top tie
C. In stair case and landing
E. In 10cm thick Ground Floor slab
3. Reinforcement bar
Mild steel reinforcement according to structural drawings. Price includes cutting,
bending, placing in position and tying wire concrete spacers and chairs.
A. In elevation columns
Diameter 14mm & 16mm deformed bar
B. Ground floor beams
Diameter 12mm deformed bar
C. In upper floors
Diameter 12mm deformed bar
Diameter 14mm deformed
4. HCB work
Concrete block work
a) Supply and construct Class 'C' 200 and 250 mm HCB external wall bedded and
jointed in cement mortar (1:4) and both side left for appropriate finishing.
b) . 150 mm thick hollow concrete block wall of type Class "C" with 28 days
minimum crushing strength of 18kg/cm2, bedded in cement mortar (1:4)mix, both
sides left for plastering
c) 100m thick class ’'C' H.C.B wall bedded and jointed in cement mortar (1:4) both
side left for appropriate finishing.
5. Finishing
a) Plastering
Apply two coats of plastering in cement mortar (1.3)
i. First coat
ii. Second coat
Fine finish coat for the following structures:
i. To all internal wall surfaces,
ii. To external wall surfaces,
iii. Stair case
iv. To exposed beams, columns & stair case
v. To all internal wall to receive ceramic wall tile,
b) Painting
Apply kadisco or equivalent type Quartz paint to external plaster wall Surface
according to complete manufacturing instruction application.
Apply three coats of approved type plastic emulsion paint to
i. All internal wall surfaces,
ii. exposed beams and columns
6. Floor finish
a) Marble tile floor finish
Provide and fix 20mm thick marble floor tiles in accordance with the qualities,
color, textures and types indicated on drawings. Price shall include cement
screed, mirror polishing and all necessary works.
It is applied, in lobbies, in corridor, in balconies, in veranda, Provide and fix
10cm high marble tile skirting.
Provide 2cm and 1 2cm wide marble riser for stair bedded on cement mortar
(1:3) ratio.
Provide 3cm thick marble landing for stair bedded on cement mortar (1:3) ratio
b) Ceramic tile floor finish
Provide and fix 300x300x20 mm white glazed Ceramic floor tiles stuck to floor
with cement mortar mix (1:2) backing and 2 mm joints to be grouted in white
cement.
It is applied in In laundry room, In kitchen room, In rest room, In toilet room, In store
floor, In kitchen and breakfast area, In the bath room, Provide and fix 10cm high ceramic
skirting. c) Concrete tile floor finish
30mm thick cement sand screed smoothly finished flooring in mortar mix (1:3) at
Ground all floors use in garage
d) Parquet floor finish
Provide and fix parquet floor finish in accordance with the quantities, color,
texture and types indicated on drawings in: In living room, In dining room, In
master bed room, In dressing room, Provide and fix 10cm high parquet skirting.
7. Metal works
Provide and fix metal frames in accordance shown on the drawings in:
All ground floor windows and doors
All upper floor windows and door
On stir case windows
Frame material is aluminium
a. Type D3 size: 0.9 x2.10 m
b. Type D4 size: 0.9 x2.6 m
c. Type D2 size: 0.9x2.1 m
d. Type WD1 size: 316x274cm
e. Type TW1 size: 190x64cm
f. Type TW2 size: 43x64 cm
g. Type W1 size: 316x274 cm
8. Glazing
Provide and fix 6mm thick clear glass glazing to all curtain walls, windows, &
doors. Price shall include all structural silicon and accessories
On the ground floor door
Provide and fix 4mm thick tinted, forest, figure glass glazing to all curtain walls,
windows, & doors. Price shall include all structural silicon and accessories.
On the ground floor windows
On the upper floor windows
9. Electrical installation
a) Main power intake
Low voltage system earthling consisting of 1 x 120 mm sq. bare copper conductor (12m)
inside concrete pipe as how on the drawing bonded to earth terminal of EEPCO's cubicle
(KWh meter board), earth terminal bar to copper clad steel earthling rod of 2400x 16 mm
(complete with driving stud, spike, and cable clamp driven in to depth of 3m minimum)
in manhole.
b) Conduit and pipes
Apply the conduit pipes as per engineer’s instruction of size:
PVC pipe of 110mm diameter
PVC pipe of 40mm diameter
PVC pipe of 32mm diameter
c) Distribution boards
The Contractor shall supply and install distribution boards in the positions indicated on
the drawings. All sub-main distribution boards shall be complete with isolator or fused
switch as applicable.
Main distribution board (MDB)
The distribution boards shall be complete with all necessary earth bonding gland- plates,
cable entries, fixing brackets and supports for the cables specified and the locations
indicated. Distribution boards shall be of the type fully enclosed sheet steel cabinets and
hinged cover
Sub-distribution board (SDB)
Sub-distribution boards shall be surface/flush mounted as specified in the Bill. Sub-
distribution boards, bus bar rating, type of mounting (Surface, flush), etc. shall be
indicated in the drawing. The reference number of the Board shall be used in the Bill
d) Lighting point:
Flush mounted light points fed through PVC insulated conductors of 3x2.5 mm² inside
PVC conduits of 16mm diameter, including junction boxes with covers insulating screw
cap connectors.
f) Socket outlet point
10-16A/1P flush mounted socket outlets fed through PVC insulated conductors of
3x2.5mm² inside PVC conducts of 16mm diameter including junction boxes with
covers and insulating screw cap connectors.
chrome plated chain holder, P- smell trap with connection pipe and with all other
necessary accessories.
12 January
1. Haile Tola 02 Structural ,architectural
2022
19 January
2. Eyasu teferi 03 Sanitary & electrical
2022
3.
4.
Drawings are available for inspection from at the following address:
Person in charge: Eyasu Teferi
Tel.: +251912548723
Fax:
E-mail: eyastefer gmail .com
the schedule of day work. All completed day work sheets must be signed by the Engineer on or
before the end of the week in which the works are executed.
No allowance will be made for loss of materials or volume thereof during transport or
compaction.
(f) Units of measurement
The units of measurement used in the annexed technical documentation are those of the International
System of Units (SI). No other units may be used for measurements, pricing, detail drawings etc. (Any
units not mentioned in the technical documentation must also be expressed in terms of the SI.)
Abbreviations used in the bill of quantities are to be interpreted as follows:
Summary
1 Item No. 1
2 Item No. 2
3 Item No. 3
4 Item No. 4
5 Daywork (provisional allowance)
I Summary Total (1+2+3+4+5)
II Add Contingencies
III Summary Total
IV Taxes
V GRAND TOTAL
Item Specification
Description of Works Unit Quantity Price in Amount in
No. Reference
DAYWORK SCHEDULE
L Labor
L01 day
L02 day
L03 day
L04 day
L05 day
Total Daywork Provisional Sum
Part 3 Contract
Section 7. General Conditions of
Contract
Table of Clauses
A. General Provisions 1
1. Definitions 1
2. Appointment 3
3. Relationship Between the Parties 4
4. Due Diligence 4
5. Fraud and Corruption 4
6. Interpretation 5
B. The Contract 6
7. Contract Documents 6
8. Governing Law 7
9. Language 7
10. Notices and written communications 7
11. Authority of Member in Charge 7
12. Engineer and Engineer's Representative 8
13. Assignment 8
14. Subcontracting 9
15. Modifications by Change Orders 9
16. Change in Laws and Regulations 11
17. Taxes and Duties 11
18. Force Majeure 11
19. Breach of Contract 13
20. Suspension 13
21. Termination 14
22. Payment upon Termination 16
23. Arrangements on Termination 16
24. Cessation of Rights and Obligations 16
25. Cessation of Works 17
26. Settlement of Disputes 17
27. Liquidated Damages 17
28. Confidentiality 18
29. Miscellaneous 19
C. Obligations of the Public Body 20
30. Assistance and Supply of Documents 20
31. Access to the Site 20
32. Payment 21
33. Delayed Payments to the Contractor's Staff 21
D. Obligations of the Contractor 21
34. General Obligations 21
35. Eligibility 22
36. Code of Conduct 22
37. Control and Supervision of the Works 23
38. Personnel 24
39. Indemnification and Limitation of Liability 24
40. Insurance to be Taken Out by the Contractor 25
41. Program of Implementation of Tasks 26
42. Contractor's Drawings 27
43. Sufficiency of Bid Prices 28
44. Exceptional Risks 28
45. Health and Safety on Sites 29
46. Safeguarding Adjacent Properties 29
47. Interference with Traffic 30
48. Cables and Conduits 30
49. Setting-out of the Works 30
50. Demolished Materials 31
51. Discoveries 31
52. Temporary Works 31
53. Soil Studies 32
54. Overlapping Contracts 32
55. Patents and Licenses 32
56. Accounting, Inspection and Auditing 33
57. Data Protection 33
58. Performance Security 33
E. Payments to the Contractor 34
59. General Principles 34
60. Advance Payment 35
61. Retention Monies 36
62. Price Adjustments 37
63. Valuation of Works 39
64. Interim Payment 40
65. Final Statement of Account 41
66. Direct Payments to Sub-Contractors 42
67. Delayed Payments 42
68. Payments to Third Parties 42
69. Claims for Additional Payment 43
F. Performance of the Contract 43
70. Scope of Works 43
71. Commencement of Works 43
72. Period of Execution of Works 43
73. Extension of Intended Completion Date 44
74. Compensation Events for Allowing Time Extension 44
75. Acceleration 45
76. Management Meetings 45
77. Early Warning 45
78. Delays in Implementation of Tasks 46
79. Work Register 46
80. Origin and Quality of Works and Materials 47
(gg) "Price Schedule" means the completed schedule of prices, including the breakdown of
the overall price, submitted by the Contractor with his Bid, modified
as necessary and forming a part of the unit price contract;
(hh) "Provisional Sum" means a sum included in the contract and so designated for the
implementation of works or the supply of goods, materials, plant or
services, or for contingencies, which sum may be used in whole or
in part, or not at all, as instructed by the Engineer;
(ii) "Public Body" means public body, which is partly or wholly financed by the
Federal Government Budget, higher education institutions, and
public institutions of like nature which has the powers and duties to
conclude a Contract for the supply of Works, as specified in the
SCC;
(jj) "Site" means the places provided by the Public Body where the works are
to be carried out, and other places stated in the Contract as forming
part of the site;
(kk) "Special Conditions of hereinafter referred to as “SCC”, means the conditions attached to
Contract" the Contract Agreement, which shall govern the Contract and shall
prevail over these General Conditions of Contract;
(ll) "Specification" means the Specification of the Works included in the Contract
drawn up by the Public Body setting out its requirements and/or
objectives in respect of the provision of works, specifying, where
relevant, the methods and resources to be used and/or results to be
achieved;
(mm) "Start Date" is given in the Special Conditions of Contract. It is the latest date when
the Contractor shall commence execution of the Works;
(nn) "Sub-Contractor" means any natural person, private or government entity, or a
combination of the above, including its legal successors or permitted
assigns who has a Contract with the Contractor to carry out a part of
the Work in the Contract, which includes work on the Site;
(oo) "Third Party" means any person or entity other than the Public Body, the
Contractor or a Sub-Contractor;
(pp) "Works" mean all work associated with the construction, reconstruction,
upgrading, demolition, repair, renovation of a building, road, or
Public Body of any aspect of the Site Environment that is not suitable for carrying out the Works
and that the specified actions to remedy the unsuitable aspects of the Site Environment, together
with a timetable for and the costs of those actions, have been specified in the relevant parts of the
Contract for the Pre-Operational Phase.
4.3 If the Contractor has either failed to inspect the Site Environment or failed to notify the Public
Body of any required remedial actions in accordance with Clause 4.2 then the Contractor shall not
be entitled to recover any additional costs or charges from the Public Body relating to any
unsuitable aspects of the Site Environment nor shall the Contractor be entitled to seek relief in
respect of any Default arising from such failure.
4.4 Any disputes relating to due diligence shall be resolved in accordance with the Ethiopian Law.
5. Fraud and Corruption
5.1 It is the Government of the Federal Democratic Republic of Ethiopia’s policy to require that
Public Body, as well as bidders/suppliers, to observe the highest standards of ethics during the
procurement and the execution of contracts. In pursuance of this policy, the Government of the
Federal Democratic Republic of Ethiopia represented by the Public Procurement and Property
Administration Agency (herein referred to as the Agency) requires that Public Bodies shall
include in bidding documents, provisions against corrupt practices.
5.2 If the Public Body determines that the Contractor and/or its Personnel, sub-contractors, services
providers and suppliers has engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices, in competing for or in executing the Contract, then the Public Body may, after giving 14
days notice to the Contractor, terminate the Contractor's employment under the Contract, and the
provisions of GCC Clause 21 shall apply as if such expulsion had been made under GCC Sub-
Clause 21.2(i).
5.3 The Agency defines, for the purposes of these provisions, the terms set forth below as follows:
(zz) “Corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of
any thing of value to influence the action of a public official in the procurement process or
in contract execution, and
(aaa) “Fraudulent practice” is any act or omission, including misrepresentation that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to
avoid an obligation.
(bbb) “Collusive practices" is a scheme or arrangement between two or more Contractors, with or
without the knowledge of the Public Body, designed to establish prices at artificial, non
competitive levels, and
(ooo) For Unit-price contracts: The Bill of Quantities and Price Schedule (after correction of
arithmetical errors);
For Lump-sum contracts: The Breakdown of the Lump-sum Price (after correction of
arithmetical errors);
(ppp) Any other document listed in the SCC as forming part of the Contract.
7.2 All documents forming the Contract are intended to be correlative, complementary, and mutually
explanatory.
7.3 Any action required or permitted to be taken, and any document required or permitted to be
provided, under the Contract by the Public Body or the Contractor may be taken or provided by
the authorized representatives specified in the SCC.
7.4 The Contract constitutes the entire agreement between the Public Body and the Contractor and
supersedes all communications, negotiations and agreements (whether written or oral) of parties
with respect thereto made prior to the date of Contract. No agent or representative of either Party
has authority to make, and the Parties shall not be bound by or be liable for, any statement,
representation, promise or agreement not set forth herein.
8. Governing Law
8.1 The Contract, its meaning and interpretation, and relation between the Parties shall be governed
by and interpreted in accordance with the laws of the Federal Democratic Republic of Ethiopia,
unless otherwise stated in SCC.
9. Language
9.1 The Contract as well as all written and oral communication and documents relating to the Contract
exchanged by the Contractor and the Public Body, shall be in language specified in the SCC.
Supporting documents and printed literature that are part of the Contract may be in another
language, but any documents provided in another language must be accompanied by an accurate
translation into language specified in the SCC. For purposes of interpretation of the Contract, this
translation shall govern.
9.2 The Contractor shall bear all costs of translation to the governing language and all risks of the
accuracy of such translation.
10. Notices and written communications
10.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract
shall be in writing. The term “in writing” means communicated in written form with proof of
receipt.
10.2 Any such notice, request or consent shall be deemed to have been given or made when delivered
plant and to give the instructions necessary for the rectification thereof;
(rrr) The Engineer shall be at liberty to reverse or vary the contents of such communication.
12.6 Instructions and/or orders issued by the Engineer shall be by way of administrative orders. Such
orders shall be dated, numbered and entered by the Engineer in a register, and copies thereof
delivered by hand, where appropriate, to the Contractor's representative.
13. Assignment
13.1 An assignment is a written agreement by which the Contractor transfers its contract or part thereof
to a third party.
13.2 The Contractor shall not, without the prior written consent of the Public Body, assign the Contract
or any part thereof, or any benefit or interest thereunder, except in the following cases:
(sss) A charge, in favor of the Contractor's bankers, of any monies due or to become due under
the Contract; or
(ttt) Assignment to the Contractor's insurers of the Contractor's right to obtain relief against any
other person liable in cases where the insurers have discharged the Contractor's loss or
liability.
13.3 For the purpose of GCC Clause 13.2 the approval of an assignment by the Public Body shall not
relieve the Contractor of his obligations for the part of the Contract already performed or the part
not assigned.
13.4 If the Contractor has assigned his Contract without authorization, the Public Body may, without
giving formal notice thereof, apply as of right the sanctions for breach of Contract provided for in
GCC Clauses 19 and 21.
13.5 Assignees must satisfy the eligibility criteria applicable for the award of the Contract and they can
not be in any of the situations excluding them from participating in Contract.
13.6 Every assignment shall be subject to the provisions of this Contract and shall incorporate the
terms and conditions of this Contract.
14. Subcontracting
14.1 A sub-contract shall be valid only if it is a written agreement by which the Contractor entrusts
performance of a part of the Contract to a third party.
14.2 In the event the Contractor requires sub-contracting of the works to Sub-Contractors that are not
included in the Contract, the Contractor shall obtain the prior written approval and clearance of
Public Body for all Sub-Contractors. The work to be sub-contracted and the identity of the
subcontractors shall be notified to the Public Body. The Public Body shall with due regard to the
provisions of GCC Clause 10 within 15 days of receipt of the notification, notify the Contractor of
(uuu) if for any reason, the Engineer shall find it necessary to give an order orally, he shall as
soon as possible thereafter confirm the order by an change order;
(vvv) if the Contractor shall confirm in writing an oral order given for the purpose of GCC Clause
15.2 (a) and the confirmation shall not be contradicted in writing forthwith by the Engineer,
an change order shall be deemed to have been issued for the modification.
A change order for modification shall not be required for increase or decrease in the quantity of
any work where such increase or decrease is the result of the quantity exceeding or being less
than that stated in the bill of quantities or price schedule, as the result of valuation of works laid
down in GCC Clause 63.
15.3 Except as provided by GCC Clause 15.2 prior to any change order for modification, the Engineer
shall notify the Contractor of the nature and form of such modification. As soon as possible, after
receiving such notice, the Contractor shall submit to the Engineer a proposal containing:
(www) a description of the tasks, if any, to be implemented or the measures to be taken and a
program for execution; and
(xxx) any necessary modifications to the program of implementation of tasks or to any of the
Contractor's obligations under the contract; and
(yyy) any adjustment to the contract price in accordance with the rules as set out in this Clause.
15.4 Following the receipt of the Contractor's submission referred to in GCC Clause 15.3, the Engineer
shall, after due consultation with the Public Body and, where appropriate, the Contractor, decide
as soon as possible whether or not the modification shall be carried out. If the Engineer decides
that the modification shall be carried out he shall issue the change order stating that the
modification shall be carried out at the prices and under the conditions given in the Contractor's
submission referred to in GCC Clause 15.3 or as modified by the Engineer in accordance with
GCC Clause 15.5.
15.5 The prices for all modifications ordered by the Engineer in accordance with GCC Clause 15.2 and
15.4 shall be ascertained by the Engineer in accordance with the following principles:
(zzz) where work is of similar character and executed under similar conditions to work priced in
the bill of quantities or price schedule it shall be valued at such rates and prices contained
therein;
(aaaa) where work is not of a similar character or is not executed under similar conditions, the
rates and prices in the contract to be agreed through negotiation between the Engineer and
the Contractor shall conform to the prevailing market price;
(bbbb) if the nature or amount of any modification relative to the nature or amount of the whole
of the contract or to any part thereof shall be such that in the opinion of the Engineer any
rate or price contained in the contract for any item of work is by reason of such
modification rendered unreasonable, then the Engineer shall fix such rate or price as in the
circumstances he shall think reasonable and proper;
(cccc) where a modification is necessitated by default or breach of contract by the Contractor,
any additional cost attributable to such modification shall be borne by the Contractor.
15.6 On receipt of the change order requesting the modification, the Contractor shall proceed to carry
out the modification and be bound by these GCC in so doing as if such modification were stated
in the contract. The works shall not be delayed pending the granting of any extension of time for
completion or adjustment to the contract price. Where the order for a modification precedes the
adjustment to the contract price, the Contractor shall keep records of the costs of undertaking the
modification and of time expended thereon. Such records shall be open to inspection by the
Engineer at all reasonable times.
15.7 Where on provisional acceptance an increase or reduction in the total value of the works resulting
from a change order, or from some other circumstance which is not caused by the Contractor's
default, exceeds 25% of the initial contract price (or as modified by addendum), the Engineer
shall, after consultation with the Public Body and the Contractor determine any reduction from the
contract price as a consequence of the application of GCC Clause 15.5. The sum so determined
shall be based on the amount by which the increase or decrease in value of the works exceeds
25%. The sum shall be notified by the Engineer to the Public Body and the Contractor and the
contract price adjusted accordingly.
15.8 The total value of the works resulting from a change order shall not exceed 30% of the total value
of the initial contract price.
15.9 Any change to the terms of the Contract must be recorded in writing and executed by authorized
signatory of the Contractor and the Engineer. Such record of the change in question must address
all consequential amendments required to be made to the Contract as a result of such change.
15.10 Changes will take effect as from the date specified in the signed record of change and shall not
have retrospective effect unless expressly provided for in such record.
15.11 Each record of change must be dated and sequentially numbered. Each of the Public Body and the
Contractor will be entitled to an original executed counterpart of the record of variation.
15.12 Except as provided in any such record of variation, the Contract will continue in full force and
effect.
18.9 In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the
matter shall be settled according to GCC Clause 26.
19. Breach of Contract
19.1 Either party commits a breach of contract where it fails to discharge any of its obligations under
the specific contract.
19.2 Where a breach of contract occurs, the party injured by the breach shall be entitled to the
following remedies:
(rrrr) Compensation / Claim for liquidated damages as specified in GCC Clause 27; and/or
(ssss)Termination of the contract.
19.3 In any case where the Public Body is entitled to damages, it may deduct such Suspension damages
from any sums due to the Contractor or call on the appropriate guarantee.
20. Suspension
20.1 The Contractor shall, on the order of the Engineer, suspend the progress of the works or any part
thereof for such time or times and in such manner as the Engineer may consider necessary.
20.2 During the period of suspension, the Contractor shall take such protective measures as may be
necessary to safeguard the works, plant, equipment and site against any deterioration, loss or
damage. Additional expenses incurred in connection with such protective measures shall be added
to the contract price, unless such suspension is:
(tttt) otherwise provided for in the contract; or
(uuuu) necessary by reason of some default of the Contractor; or
(vvvv) necessary by reason of normal climatic conditions on site; or
(wwww) necessary for the safety or the proper execution of the works or any part thereof insofar
as such necessity does not arise from any act or default by the Engineer or the Public Body
or from any of the exceptional risks referred to in GCC Clause 44.
20.3 The Contractor shall not be entitled to such additions to the contract price unless he notifies the
Engineer, within 30 days after receipt of the order to suspend the works, of his intention to make a
claim for them.
20.4 The Engineer, after consultation with the Public Body and the Contractor, shall determine such
extra payment and/or extension of the period of performance to be made to the Contractor in
respect of such claim as shall, in the opinion of the Engineer, be fair and reasonable.
20.5 If the period of suspension exceeds 120 days and the suspension is not due to the Contractor's
default, the Contractor may, by notice to the Engineer, request permission to proceed within thirty
(30) days or terminate the contract.
20.6 Where the award procedure or implementation of the contract is vitiated by substantial errors or
irregularities or by suspected or proven fraud, the payments and/or implementation of the contract
shall be suspended. Where such errors, irregularities or fraud are attributable to the Contractor, the
Public Body may also refuse to make payments or may recover monies already paid, in proportion
to the seriousness of the errors, irregularities or fraud. The payments may also be suspended in
cases where there are suspected or established errors, irregularities or fraud committed by the
Contractor in the performance of another contract funded by the Federal Government of Ethiopia,
which are likely to affect the performance of the present contract
21. Termination
Termination by the Public Body
21.1 Termination shall be without prejudice to any other rights or powers under the contract of the
Public Body and the Contractor.
21.2 In addition to the grounds for termination defined in these General Conditions, the Public Body
may, by not less than thirty days written notice of termination to the Contractor stating the reason
for termination of the contract and the date on which such termination becomes effective. (except
in the event listed in paragraph (o) below, for which there shall be a written notice of not less than
sixty days), such notice to be given after the occurrence of any of the events specified in this GCC
Sub-Clause 21.2 (a) to (p), terminate the Contract if:
(xxxx) The Contractor fails to carry out any or all of the Works within the period specified in
the Contract, or within any extension thereof granted by the Public Body pursuant to GCC
Clause 73;
(yyyy) The Contractor fails to remedy a failure in the performance of their obligations as
specified in a notice of suspension pursuant to GCC Clause 20 within thirty days of receipt
of such notice of suspension of assignment or within such further period as the Public Body
may has subsequently approved in writing;
(zzzz) The Contractor becomes (or, if the Contractor consists of more than one entity, if any of
its Members becomes) insolvent or bankrupt or enters into any agreements with their
creditors for relief of debt or take advantage of any law for the benefit of debtors or go into
liquidation or receivership whether compulsory or voluntary, other than for a reconstruction
or amalgamation;
(aaaaa) The Contractor fails to comply with any final decision reached as a result of direct
informal negotiation pursuant to GCC Sub-Clause 26.2 hereof;
(bbbbb) The Contractor is unable, as the result of Force Majeure, to carry out the Works for a
(ooooo) The Public Body is in material breach of its obligations pursuant to the Contract and has
not remedied the same within forty-five (45) days (or such longer period as the Contractor
may have subsequently approved in writing) following the receipt by the Public Body of the
Contractor’s notice specifying such breach;
(ppppp) The Public Body suspends the progress of the works or any part thereof for more than
180 days, for reasons not specified in the Contract, or not due to the Contractor's default.
(qqqqq) The Contractor is unable as the result of Force Majeure, to perform a material portion of
the Works for a period of not less than sixty (60) days; or
(rrrrr) The Public Body fails to comply with any final decision reached as a result of settlement
of disputes pursuant to GCC Clause 26 hereof.
Disputes About Events of Termination
21.4 If either Party disputes whether an event specified GCC Sub-Clauses 21.2 (a) to (n) or GCC Sub-
Clause 21.3 hereof has occurred, such Party may, within forty-five (45) days after receipt of
notice of termination from the other Party, refer the matter to settlement of disputes pursuant to
GCC Clause 26 and this Contract shall not be terminated on account of such event except in
accordance with the terms of any resolution award.
21.5 In the event the Public Body terminates the Contract pursuant to the GCC Sub-Clause 21.2 (a) to
(n) the Public Body may complete the works himself or conclude any other contract with a third
party at the Contractor's own expense. However, the Contractor shall continue performance of the
Contract to the extent not terminated.
21.6 If the Public Body terminates the Contract in the event specified in GCC Sub-Clause 21.2 (o) the
notice of termination shall specify that termination is for the Public Body's convenience, the
extent to which performance of the Contractor under the Contract is terminated, and the date upon
which such termination becomes effective.
22. Payment upon Termination
22.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the
Engineer 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 SCC. Additional Liquidated
Damages shall not apply. If the total amount due to the Public Body exceeds any payment due to
the Contractor, the difference shall be a debt payable to the Public Body.
22.2 If the Public Body terminates the Contract in the event specified in GCC Sub-Clause 21.2 (o) or
because of a fundamental breach of Contract by the Public Body, the Engineer 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.
22.3 In the event the Public Body terminates the Contract pursuant to the GCC Sub-Clause 21.2 (c)
termination will be without compensation to the Contractor, provided that such termination will
not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to
the Public Body.
23. Arrangements on Termination
23.1 The Public Body and the Contractor agree that termination or expiry of the Contract shall not
affect either Party's obligations which the Contract provides shall survive the expiration or
termination of the Contract.
23.2 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to be
the property of the Public Body if the Contract is terminated because of the Contractor’s default.
23.3 After termination or expiry all data, documents and records (whether stored electronically or
otherwise) relating in whole or in part to the provided Works shall be delivered by the Contractor
to the Public Body provided that the Contractor shall be entitled to keep copies thereof to the
extent that the information contained therein does not relate solely to the Works or to the extent
that the Contractor is required by law to maintain copies thereof or to the extent that the
Contractor was possessed of such data documents and records prior to the date of the Contract. In
addition, the Contractor shall co-operate fully with the Public Body during the handover leading
to the termination of the Contract. This co-operation shall extend to full access to all documents,
reports, summaries and any other information required to achieve an effective transition without
disruption to routine operational requirements.
24. Cessation of Rights and Obligations
24.1 Upon termination of the Contract pursuant to GCC Clauses 21, or upon the issue of the Final
Acceptance Certificate pursuant to GCC Clause 89 hereof, all rights and obligations of the Parties
hereunder shall cease, except
(sssss) Such rights and obligations as may have accrued on the date of termination or
expiration;
(ttttt) The obligation of confidentiality set forth in GCC Clause 28 hereof;
(uuuuu) The Contractor’s obligation to permit inspection, copying and auditing of their accounts
and records set forth in GCC Clause 56 hereof; and
(vvvvv) Any right which a Party may have under the Governing Law.
25. Cessation of Works
25.1 Upon termination of the Contract by notice of either Party to the other pursuant to GCC Clause 21
the Contractor shall, immediately upon dispatch or receipt of such notice, take all necessary steps
to bring the Works to a close in a prompt and orderly manner, make the Site safe and secure, leave
the Site as soon as reasonably possible, and make every reasonable effort to reduce expenditures
for this purpose to a minimum.
25.2 The Engineer shall, as soon as is possible after termination, certify the value of the works and all
sums due to the Contractor as at the date of termination.
25.3 In the event of termination a report of work performed by the Contractor shall be drawn up by the
Engineer as soon as possible after inspection of the works, and inventory taken of temporary
structures, materials, plant and equipment. The Contractor shall be summoned to be present
during the inspection and the taking of the inventory. The Engineer shall also draw up statements
of emoluments still owed by the Contractor to workers employed by him in relation to the contract
and of sums owed by the Contractor to the Public Body.
26. Settlement of Disputes
26.1 During any dispute, including a dispute as to the validity of the Contract, it is mutually agreed that
the Contractor shall continue its performance of the Contract (unless the Public Body requests in
writing that the Contractor does not do so).
26.2 The Public Body and the Contractor shall make every effort to resolve amicably by direct
informal negotiation any disagreement, controversy or dispute arising between them under or in
connection with the Contract or interpretation thereof.
26.3 If a dispute arises between the Public Body and the Contractor in relation to any matter which
cannot be resolved by the Engineer and the Contractor's Contract Manager either of them may
refer such dispute to the procedure described in GCC Sub-Clause 26.4.
26.4 In the second instance each of the Public Body and the Contractor shall appoint more senior
representatives than those referred to in Sub-Clause 26.3 to meet solely in order to resolve the
matter in dispute. Such meeting(s) shall be minuted and shall be chaired by the Public Body (but
the chairman shall not have a casting vote). Such meeting(s) shall be conducted in such manner
and at such venue (including a meeting conducted over the telephone) as to promote a consensual
resolution of the dispute in question at the discretion of the chairman.
26.5 If the Parties fail to resolve such a dispute or difference amicably within twenty-eight (28) days
from the commencement of such procedure, either party may require that the dispute be referred
28.3 The obligation of a party under this Clause, however, shall not apply to any Confidential
Information that:
(yyyyy) The Public Body or Contractor need to share with any other institutions participating in
the financing of the Contract;
(zzzzz) Now or hereafter enters the public domain other than by breach of the Contract or other
act or omissions of that Party;
(aaaaaa) Is obtained by a third party who is lawfully authorized to disclose such information;
(bbbbbb)Can be proven to have been possessed by that party at the time of disclosure and which
was not previously obtained, directly or indirectly, from the other party; or
(cccccc) Is authorized for release by the prior written consent of the other party.
28.4 The Parties shall not be prevented from using any general knowledge, experience or skills which
were in their possession prior to the commencement of the Contract;
28.5 The Contractor authorizes the Public Body to disclose the Confidential Information to such
person(s) as may be notified to the Contractor in writing by the Public Body from time to time to
the extent only as is necessary for the purposes of auditing and collating information so as to
ascertain a realistic market price for the Works carried out in accordance with the Contract, such
exercise being commonly referred to as "benchmarking". The Public Body shall use all reasonable
endeavors to ensure that such person(s) keeps the Confidential Information confidential and does
not make use of the Confidential Information except for the purpose for which the disclosure is
made. The Public Body shall not without good reason claim that the lowest price available in the
market is the realistic market price.
28.6 The Contractor agrees that:
(dddddd)Subject to GCC Sub-Clause 28.6 (b), the decision on whether any exemption applies to
a request for disclosure of recorded information is a decision solely for the Public Body;
(eeeeee) Where the Public Body is managing a request as referred to in GCC Sub-Clause 28.6
(a), the Contractor shall co-operate with the Public Body making the request and shall
respond within five (5) working days of any request by it for assistance in determining how
to respond to a request for disclosure.
28.7 The Contractor shall procure that its sub-contractors shall provide the Public Body with a copy of
all information in its possession or power in the form that the Public Body requires within five (5)
working days (or such other period as the Public Body may specify) of the Public Body requesting
that Information.
28.8 The Public Body may consult the Contractor in relation to any request for disclosure of the
extent of the risks assumed by it under the Contract and gathered all information necessary to
perform its obligations under the Contract and all other obligations assumed by it.
29.7 The rights and remedies provided in the Contract are cumulative and not exclusive of any rights or
remedies provided by any other contract or document. In this provision "right" includes any
power, privilege, remedy, or proprietary or security interest.
Obligations of the Public Body
30. Assistance and Supply of Documents
30.1 The Contractor may request the assistance of the Public Body in obtaining copies of laws,
regulations and information on local customs, orders or by-laws of the Federal Democratic
Republic of Ethiopia, which may affect the Contractor in the performance of his obligations under
the Contract. The Public Body may provide the assistance requested to the Contractor at the
Contractor's cost.
30.2 Unless otherwise specified in the SCC, the Public Body may make all efforts necessary to
facilitate the procurement by the Contractor of:
(ffffff) all required visas and permits, including work and residence permits, and such other
documents as shall be necessary to enable the Contractor, Sub-Contractors or Personnel to
carry out the Works;
(gggggg)any such other assistance as may be specified in the SCC.
30.3 Except where otherwise provided in the SCC, within 30 days of the signing of the Contract, the
Engineer shall provide to the Contractor, free of charge, a copy of the drawings prepared for the
implementation of tasks as well as two copies of the specifications and other contract documents.
The Contractor may purchase additional copies of these drawings, specifications and other
documents, insofar as they are available. Upon the final acceptance, the Contractor shall return to
the Engineer all drawings, specifications and other contract documents.
30.4 Unless it is necessary for the purposes of the Contract, the drawings, specifications and other
documents provided by the Public Body shall not be used or communicated to a third party by the
Contractor without the prior consent of the Engineer.
30.5 The Engineer shall have authority to issue to the Contractor administrative orders incorporating
such supplementary documents and instructions as shall be necessary for the proper and adequate
execution of the works and the remedying of any defects therein.
31. Access to the Site
31.1 The Public Body shall, in due time and in conformity with the progress of the works, place the site
and access thereto at the disposal of the Contractor in accordance with the program of
implementation of tasks referred to in these GCC. If possession of a part is not given by the date
stated in the approved work program, the Public Body will be deemed to have delayed the start of
the relevant activities, and this will be a Compensation Event.
31.2 The Contractor shall allow the Engineer and any person authorized by the Engineer 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.
31.3 Any land procured for the Contractor by the Public Body shall not be used by the Contractor for
purposes other than the implementation of tasks.
31.4 The Contractor shall preserve any premises placed at his disposal in a good state while he is in
occupation and shall, if so required by the Public Body or the Engineer, restore them to their
original state on completion of the contract, taking into account normal wear and tear.
31.5 The Contractor shall not be entitled to any payment for improvements resulting from work carried
out on his own initiative.
32. Payment
32.1 In consideration of the Works performed by the Contractor under this Contract, the Public Body
shall make to the Contractor such payments and in such manner as is provided by GCC Paragraph
E of this Contract.
33. Delayed Payments to the Contractor's Staff
33.1 Where there is a delay in the payment to the Contractor's employees of wages and salaries owing
and of the allowances and contributions laid down by the law of the Federal Democratic Republic
of Ethiopia, the Public Body may give notice to the Contractor that within 15 days of the notice
the Contractor has to pay such wages, salaries, allowances and contributions.
Obligations of the Contractor
34. General Obligations
34.1 The Contractor shall, with due care and diligence, and in accordance with the provisions of the
Contract, design the works to the extent stated in the Contract, and execute, complete and remedy
any defects in the works. The Contractor shall provide all control and supervision of the works,
personnel, materials, plant, equipment and all other items, whether of a temporary or permanent
nature required in and for such design, execution, completion and remedying of any defects,
insofar as specified in, or can be reasonably inferred from, the Contract.
34.2 The Contractor shall take full responsibility for the adequacy, stability and safety of all operations
and methods of construction under the Contract.
34.3 The Contractor shall respect and abide by all laws and regulations in force in the Federal
Democratic Republic of Ethiopia and shall ensure that his personnel, their dependants, and his
local employees also respect and abide by all such laws and regulations. The Contractor shall
indemnify the Public Body against any claims and proceedings arising from any infringement by
the Contractor, its Sub-Contractors or their employees of such laws and regulations.
34.4 The Contractor shall ensure that Works conform to applicable environmental and quality
standards, that no chemical or other product/equipment is used in such a way as to cause negative
impact on the environment in general and occupational health hazards and shall employ the most
recent technology, safe and effective equipment, machinery, materials and methods, as necessary.
34.5 The Contractor shall obtain the Public Body's prior approval in writing before taking any of the
following actions:
(hhhhhh)Entering into a subcontract for carrying out any part of the Works, it being understood
that the Contractor shall remain fully liable for carrying out the Works by the Sub-
Contractor;
(iiiiii) Any other action that may be specified in the SCC.
34.6 The Contractor shall comply with any administrative orders given by the Engineer. Where the
Contractor considers that the requirements of an administrative order go beyond the authority of
the specific Engineer or of the scope of the Contract, it shall, on pain of being time-barred, notify
the specific contract manager, explaining its opinion, within 30 days after receipt thereof.
Execution of the administrative order shall not be suspended because of this notice.
34.7 The Contractor shall treat all documents and information received in connection with the contract
as private and confidential, and shall not, save in so far as may be necessary for the purposes of
the performance thereof, publish or disclose any particulars of the contract without the prior
consent in writing of the Public Body or the specific contract manager after consultation with the
Public Body. If any disagreement arises as to the necessity for any publication or disclosure for
the purpose of the contract, the decision of the Public Body shall be final.
35. Eligibility
35.1 The Contractor and its Sub-Contractors shall have the nationality of an eligible country pursuant
to Section 5 of the Bidding Documents. A Contractor or Sub-Contractor shall be deemed to have
the nationality of a country if it is a citizen or constituted, incorporated, or registered, and operates
in conformity with the provisions of the laws of that country.
35.2 The Contractor and its Sub-Contractors shall provide Personnel who shall be citizens of eligible
countries and use goods with their origin from an eligible country.
referring to the contract, commissions not paid in return for any actual and legitimate service,
commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified
or commission paid to a company which has every appearance of being a front company.
36.7 The Contractor shall supply to the Public Body on request supporting evidence regarding the
conditions in which the contract is being executed. The Public Body may carry out whatever
documentary or on-the spot checks it deems necessary to find evidence in case of suspected
unusual commercial expenses.
37. Control and Supervision of the Works
37.1 The Contractor shall himself control and supervise the works or shall appoint a Contract Manager
to do so. Such appointment shall be submitted to the Engineer for approval.
37.2 The Contract Manager shall be suitably qualified in accordance with the Schedule of
Requirements. In addition a work history/biography will be submitted to the Engineer for
approval.
37.3 The Contractor shall forthwith give notice in writing to the Engineer of the identity of the person
appointed as Contract Manager for approval. The approval may at any time be withdrawn. Should
the Engineer refuse to approve, or withdraw approval of the appointment, he shall set out the
grounds on which his decision is based, and the Contractor shall submit an alternative
appointment without delay. The address of the Contractor's representative shall be deemed to be
the address for service given by the Contractor.
37.4 If the Engineer withdraws his approval of the Contractor's Contract Manager, the Contractor shall,
as soon as is practicable, after receiving notice of such withdrawal, remove the Contract Manager
from the works and replace him with another Contract Manager approved by the Engineer.
37.5 The Contractor's Contract Manager shall have full authority to make any decision necessary for
the execution of the works, to receive and carry out administrative orders and to countersign the
work register referred to in GCC Clause 79 or attachment, where appropriate. In any event, the
Contractor shall be responsible for ensuring that the works are carried out satisfactorily including
ensuring that the specifications and administrative orders are adhered to by his own employees
and by his sub-Contractors and their employees.
37.6 Any notice, information, instruction or other communication given or made to the Contract
Manager shall be deemed to have been given or made to the Contractor.
37.7 The Contractor shall inform the Engineer of the identity of any person authorized to act for any
period as deputy for the Contract Manager before the start of that period.
37.8 The Contractor shall provide a sufficient complement of supervisory staff in addition to the
Contract Manager, to ensure that the Contractor’s staff engaged in and about the provision of the
Works at the Site are adequately supervised and properly perform their duties at all times.
37.9 All persons appointed to managerial and supervisory positions in accordance with the Schedule of
Requirements must be to the acceptance of the Engineer who will have the right to veto the
appointment of any candidate who is deemed to be unsuitable.
38. Personnel
38.1 The persons employed by the Contractor must be sufficient in number, and permit the optimum
use of the human resources. Such employees must have the skills and experience necessary to
ensure due progress and satisfactory execution of the works.
38.2 The Contractor shall make his own arrangements for the engagement of all staff and labor. The
rates of remuneration and the general working conditions, as laid down by the law of the Federal
democratic Republic of Ethiopia, shall apply as a minimum to employees on the Site.
38.3 The Contractor shall employ the key personnel named in the Schedule of Key Personnel, as
referred to in the SCC, to carry out the functions stated in the Schedule of Requirements or other
personnel approved by the Engineer. The Engineer 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 of Requirements.
38.4 The Contractor acknowledges that the Key Personnel are essential to the proper provision of the
Works to the Public Body. The Contractor shall ensure that the role of any Key Personnel is not
vacant for any longer than [10] Working Days and that any replacement shall be as or more
qualified and experienced as the previous incumbent of such role and is fully competent to carry
out the tasks assigned to the role of the member of Key Personnel whom he or she has replaced.
38.5 The Contractor shall immediately replace all employees indicated by the Engineer, in a letter
stating reasons, as likely to jeopardize the satisfactory execution of the works
38.6 If the Engineer 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 and has no further connection with the work in the Contract.
38.7 The Public Body shall not be liable for the cost of replacing any member of the Contractor’s staff
and the Contractor shall indemnify the Public Body against all Employee Liabilities that may arise
in this respect.
39. Indemnification and Limitation of Liability
39.1 At its own expense, the Contractor shall indemnify, protect and defend, the Public Body, its
agents and employees, from and against all actions, claims, losses or damage arising from any act
or omission by the Contractor in the performance of the Works, including any violation of any
legal provisions, or rights of third parties, in respect of patents, trade marks and other forms of
intellectual property such as copyrights.
39.2 At its own expense, the Contractor shall indemnify, protect and defend the Public Body, its agents
and employees, from and against all actions, claims, losses or damages arising out of the
Contractor’s failure to perform its obligations provided that:
(jjjjjj) The Contractor is notified of such actions, claims, losses or damages not later than 30
days after the Public Body becomes aware of them;
(kkkkkk)The ceiling on the Contractor’s liability shall be limited to an amount equal to total
Contract Price as stated in the SCC, but such ceiling shall not apply to actions, claims,
losses or damages caused by the Contractor’s willful misconduct;
(llllll) The Contractor’s liability shall be limited to actions, claims, losses or damages directly
caused by such failure to perform its obligations under the contract and shall not include
liability arising from unforeseeable occurrences incidental or indirectly consequential to
such failure.
39.3 The aggregate liability of the Contractor to the Public Body shall not exceed the total contract
value.
39.4 The Contractor shall have no liability whatsoever for actions, claims, losses or damages
occasioned by:
(mmmmmm) The Public Body omitting to act on any recommendation, or overriding any act,
decision or recommendation, of the Contractor, or requiring the Contractor to implement a
decision or recommendation with which the Contractor disagrees or on which it expresses a
serious reservation; or
(nnnnnn)The improper execution of the Contractor’s instructions by agents, employees or
independent Contractors of the Public Body.
39.5 The Contractor shall remain responsible for any breach of its obligations under the contract for
such period after the Works have been performed as may be determined by the law governing the
contract.
40. Insurance to be Taken Out by the Contractor
40.1 The Contractor shall provide, in the joint names of the Public Body and the Contractor, insurance
cover against loss or damage for which he is liable under the contract in the amounts and
deductibles stated in the SCC. Such insurance shall, unless the SCC provide otherwise, cover:
(oooooo)the Works, together with Materials and Plant for incorporation therein, to the full
replacement cost against all loss or damage from whatever cause arising other than from
Force Majeure or risks attributable under the contract to the Public Body;
(pppppp)an additional sum of 15% of such replacement cost, or as may be specified in the SCC,
to cover any additional costs of and incidental to the rectification of loss or damage
including professional fees and the cost of demolishing and removing any part of the works
and of removing debris of whatever nature;
(qqqqqq)the Contractor's Equipment and other things brought onto the Site by the Contractor, for
a sum sufficient to provide their replacement at the Site.
40.2 The Contractor shall take out insurance covering his liability with regard to industrial accidents
and civil liabilities to any person employed by him on the works, to the Public Body and any
employee of that authority, arising from the execution of the works. Such liability shall be
unlimited in the case of personal injuries.
40.3 The Contractor shall take out insurance covering liability with regard to risks and civil liability
resulting from an act or omission attributed to him, to his legal successors or agents. Such
insurance shall be for at least the amount stated in the SCC. Furthermore, he shall ensure that all
his sub-contractors have taken out a similar insurance.
40.4 By requiring such insurance, Public Body shall not be deemed or construed to have assessed the
risk that may be applicable to the Contractor under this Contract. The Contractor shall assess its
own risks and if deemed to be appropriate and/or prudent, should maintain adequate limits and/or
broader insurance coverage than that stipulated above. The Contractor is not relieved of any
liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain
or maintain insurance in sufficient amounts, duration, or types.
40.5 Insurance shall be provided at the Contractor’s expense and shall not be charged directly to the
Public Body.
40.6 All the insurance referred to in this Clause shall be taken out within 30 days of the notification of
the award of the Contract, and shall be subject to approval by the Public Body. Such insurance
shall take effect from the commencement of the Works and remain in force until final acceptance
of the Works.
40.7 The Public Body shall be notified by the Contractor or its Insurance Carrier at least 30 days prior
to any material change to or cancellation of any of insurance coverage.
40.8 Prior to the commencement of the Works under this Contract, the Contractor or its Insurance
Carrier shall provide a Certificate(s) of Insurance (COI) evidencing compliance with all
requirements for insurance coverage. The COI shall be submitted to the Public Body for review
and approval. For the duration of the Contract, the Contractor or its Insurance Carrier shall
provide updated COI’s to evidence renewals or other changes to insurance policies or coverage,
and payment of the current premiums whenever they are required to do so by the Public Body or
the Engineer.
40.9 Notwithstanding the obligations of the Contractor to insure in accordance with this Clause, the
Contractor shall be solely liable and shall indemnify the Public Body and the Engineer against any
claims for damage to property or personal injuries arising from the execution of the works by the
Contractor, his sub-contractors and employees in connection with the Works
41. Program of Implementation of Tasks
41.1 Completing the work program given as part of the Bid, the Contractor shall within the time stated
in the SCC provide the Engineer with a program of implementation of the tasks, broken down by
activity and by month and include the following information:
(rrrrrr) the order in which the Contractor proposes to carry out the works;
(ssssss) the time limits within which submission and approval of the drawings are required;
(tttttt) an organization chart containing the names, qualifications and curricula vitae of the staff
responsible for the Site,
(uuuuuu)a general description of the method including the sequence, by month and by nature
which the Contractor proposes to carry out the works;
(vvvvvv)a plan for the setting out and organization of the Site, and
(wwwwww) such further details and information as the Engineer may reasonably require.
41.2 The Engineer shall return these documents to the Contractor with his approval or any relevant
remarks within ten days of receipt, except where the Engineer, within those ten days, notifies the
Contractor of his wish for a meeting.
41.3 An update of the program shall be a program 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.
41.4 The Contractor shall submit to the Engineer for approval an updated program at intervals no
longer than the period stated in the SCC. If the Contractor does not submit an updated Program
within this period, the Engineer may withhold the amount stated in the SCC from the next
payment certificate and continue to withhold this amount until the next payment after the date on
which the overdue Program has been submitted.
41.5 The approval of the program by the Engineer shall not relieve the Contractor from any of his
obligations under the contract. The Contractor may revise the program and submit it to the
Engineer again at any time. A revised program shall show the effect of modifications and
Compensation Events.
41.6 No material alteration to the program shall be made without the approval of the Engineer. If,
however, the progress of the works does not conform to the program, the Engineer may instruct
the Contractor to revise the program and submit the revised program to him for approval.
42. Contractor's Drawings
42.1 The Contractor shall submit to the Engineer for approval:
(xxxxxx)Such drawings, documents, samples and /or models as may be specified in the contract
within the time limits laid down therein or in the program of implementation of tasks;
(yyyyyy)Such drawings as the Engineer may reasonably require for the implementation of tasks.
(zzzzzz) In the case of bridges and other reinforced concrete structures, the Contractor shall carry
out the requisite soil surveys before commencing work on the foundations. The Contractor
must submit the results of these surveys and the calculations for the foundations, in
triplicate, to the Engineer at least one month before commencing construction of the works
in question.
(aaaaaaa) The Contractor shall prepare, at its own expense, all design and construction
drawings and other documents and objects necessary for the proper execution of the
Contract, and in particular drawings and design calculations and the reinforcement
drawings for reinforced concrete structures. The Contractor shall submit, in triplicate,
construction, design and reinforcement drawings, design calculations and any other
documents or objects it is to provide for the Engineer’s approval at least one month before
commencing construction of the works in question.
Within 15 days of receiving the drawings, design calculations, objects and other documents
required under (c) and (d), the Engineer shall return them to the Contractor with either his
endorsement or his remarks.
42.2 If the Engineer fails to notify his decision of approval referred to in GCC Clause 41.1 within the
time limits referred to in the contract or the approved program of implementation of tasks, such
drawings, documents, samples or models shall be deemed to be approved at the end of the time
limits specified. If no time limit is specified, they shall be deemed to be approved 30 days after
receipt.
42.3 Approved drawings, documents, samples and models shall be signed or otherwise identified by
the Engineer and shall not be departed from except as otherwise instructed by the Engineer. Any
Contractor's drawings, documents, samples or models which the Engineer fails to approve, shall
be forthwith modified to meet the requirements of the Engineer and resubmitted by the Contractor
for approval. Within 15 days of being notified of the Engineer’s remarks, the Contractor shall
make the requisite corrections, adjustments etc. to the documents, drawings, design calculations
etc. The corrected or adjusted documents, drawings, design calculations etc. shall be resubmitted
for the Engineer’s approval under the same procedure.
42.4 The Contractor shall supply additional copies of approved drawings in the form and number stated
in the contract or in subsequent administrative orders.
42.5 The approval of the drawings, documents, samples or models by the Engineer shall not relieve the
Contractor from any of his obligations under the contract.
42.6 The Engineer shall have the right at all reasonable times to inspect all contract drawings,
documents, samples or models at the Contractor's premises.
42.7 Before provisional acceptance of the works, the Contractor shall supply operation and
maintenance manuals together with drawings, which shall be in such detail as will enable the
Public Body to operate, maintain, adjust and repair all parts of the works. Unless otherwise stated
in the Special Conditions, the manuals and drawings shall be in the language of the Contract. The
works shall not be considered to be completed for the purpose of provisional acceptance until such
manuals and drawings have been supplied to the Public Body.
43. Sufficiency of Bid Prices
43.1 The Contractor shall be deemed to have inspected and examined the Site and its surroundings and
to have satisfied himself before submitting his Bid, as to the nature of the ground and sub-soil, and
to have taken into account the form and nature of the Site, the extent and nature of the work and
materials necessary for the completion of the works, the means of communication with and access
to the site, the accommodation he may require and in general to have obtained for himself all
necessary information as to risks, contingencies and all other circumstances influencing or
affecting his tender.
43.2 The Contractor shall be deemed to have satisfied himself before submitting his tender as to the
correctness and sufficiency of the tender and of the rates and prices stated in the bill of quantities
or price schedule which shall, except in so far as it is otherwise provided in the Contract, cover all
his obligations under the contract.
43.3 Since the Contractor is deemed to have determined his prices on the basis of his own calculations,
operations and estimates, he shall carry out without additional charge any work which is the
subject of any item whatsoever in his tender for which he neither indicates a unit price nor a firm
sum.
Public Body.
45.2 The Contractor shall ensure the safety on sites during the whole period of execution and shall be
responsible for taking the necessary steps, in the interests of his employees, agents of the Public
Body and third parties, to prevent any loss or accident which may result from carrying out the
works.
45.3 The Contractor shall take all essential steps, on his own responsibility and at his expense, to
ensure that existing structures and installations are protected, preserved and maintained. He shall
be responsible for providing and maintaining at his expense all lighting, protection, fencing and
security equipment which proves necessary for the proper implementation of the tasks or which
may reasonably be required by the Engineer.
45.4 If, during the implementation of the tasks, urgent measures are necessary to obviate any risk of
accident or damage or to ensure security following any accident or damage, the Engineer shall
give formal notice to the Contractor to do what is necessary. If the Contractor is unwilling or
unable to undertake the necessary measures, the Engineer may carry out the work at the expense
of the Contractor to the extent that the Contractor is liable.
45.5 While carrying out the Works, the Contractor shall comply, and shall ensure that its employees
comply with, the requirements of relevant Health and Safety and other relevant legislation,
45.6 The Contractor shall nominate a Health and Safety Representative to liaise with the Engineer on
all Health and Safety matters.
45.7 The Contractor’s staff shall follow a system of accident recording in accordance with the
Contractor’s own accident reporting procedures.
45.8 All notifiable accidents shall immediately be brought to the attention of the Engineer.
45.9 The Contractor shall ensure the co-operation of its personnel in all prevention measures designed
against fire, or any other hazards, and shall notify the Public Body of any change in the
Contractor's working practices or other occurrences likely to increase such risks or to cause new
hazards.
45.10 The Contractor shall provide such first aid facilities and ensure that his staffs abide by such first
aid procedures as shall be required by the Public Body.
46. Safeguarding Adjacent Properties
46.1 On his own responsibility and at his expense, the Contractor shall take all the precautions required
by good construction practice and by the prevailing circumstances to safeguard adjacent
properties and avoid causing any abnormal disturbance therein.
46.2 The Contractor shall indemnify the Public Body against the financial consequences of all claims
by neighboring landowners or residents to the extent that the Contractor is liable and to the extent
that the damage to adjacent properties is not the result of a hazard created through the design or
method of construction imposed by the Public Body or the Engineer upon the Contractor
47. Interference with Traffic
47.1 The Contractor shall ensure that the works and installations do not cause damage to, or obstruct
traffic on, communication links such as roads, railways, waterways and airports, except as
permitted under the SCC. He shall, in particular, take account of weight restrictions when
selecting routes and vehicles.
47.2 Any special measures which the Contractor considers necessary or which are specified in the SCC
or which are required by the Public Body in order to protect or strengthen sections of roads, tracks
or bridges, shall be at the expense of the Contractor, whether or not they are carried out by the
Contractor. The Contractor shall inform the Engineer of any special measures he intends to take
before carrying them out. The repair of any damage caused to roads, tracks or bridges by the
transport of materials, plant or equipment shall be at the expense of the Contractor.
48. Cables and Conduits
48.1 Where, in the course of carrying out the works, the Contractor encounters bench-marks indicating
the course of underground cables, conduits and installations, he shall keep such bench-marks in
position or replace them, should execution of the works have necessitated their temporary
removal. Such related operations require the authorization of the Engineer.
48.2 The Contractor shall be responsible for the preservation, removal and replacement, as the case
may be, of the cables, conduits and installations specified by the Public Body in the contract and
for the cost thereof.
48.3 Where the presence of cables, conduits and installations has not been specified in the contract but
is revealed by bench-marks and references, the Contractor shall be under a general duty of care
and similar obligations regarding preservation, removal and replacement to those set out above. In
this case, the Public Body shall compensate him for expenditure, to the extent that such work is
necessary for the execution of the contract.
48.4 However, the obligations to remove and replace cables, conduits and installations and the
expenditure resulting therefrom shall not be the responsibility of the Contractor if the Public Body
decides to accept that responsibility. The same shall apply where this obligation and the
expenditure resulting therefrom devolve upon another specialist administration or an agent.
48.5 When any work on the site is likely to cause disturbances in or damage to a public utility service,
the Contractor shall immediately inform the Engineer in writing, giving a reasonable period of
notice so that suitable measures can be taken in time to allow work to continue normally.
49. Setting-out of the Works
49.1 The Contractor shall be responsible for:
(hhhhhhh) the accurate setting-out of the Works in relation to original marks, lines and
levels of reference given by the Engineer;
(iiiiiii) the correctness, of the position, levels, dimensions and alignment of all parts of the
Works; and
(jjjjjjj) the provision of all necessary instruments, appliances and labor in connection with the
foregoing responsibilities.
49.2 If, at any time during the execution of the Works, any error appears in the position, levels,
dimensions or alignment of any part of the Works, the Contractor, shall, if the Engineer so
requires, at the Contractor's cost, rectify such error to the satisfaction of the Engineer, unless such
error is based on incorrect data supplied by the Engineer, in which case the Public Body shall be
responsible for the cost of rectification.
49.3 The checking of any setting-out or of any line or level by the Engineer shall not in any way relieve
the Contractor of his responsibility for the accuracy thereof and the Contractor shall carefully
protect and preserve all bench-marks, sight-rails, pegs and other items used in setting-out the
Works.
50. Demolished Materials
50.1 Where the contract includes demolition work, materials and articles obtained therefrom shall,
unless the SCC and /or the law of the Federal Democratic Republic of Ethiopia otherwise provide
and subject to the provisions of GCC Clause 51, be the property of the Contractor.
50.2 If the SCC reserve to the Public Body the right of ownership of materials or all or part of the
articles obtained from the demolition work, the Contractor shall take all the necessary precautions
to ensure that these are preserved. He shall be liable for any destruction of, or damage to, such
materials or articles caused by him or his agents.
50.3 Irrespective of the use to which the Public Body intends to put the materials or articles, in respect
of which he reserves the right of ownership, all costs incurred in transporting and storing them and
all warehouse charges at the place indicated by the Engineer shall be borne by the Contractor for
any carriage not exceeding 100 meters.
50.4 Except where the SCC provide otherwise, the Contractor shall, at his expense, progressively
remove rubble and other demolition materials, rubbish and debris from the Site.
51. Discoveries
51.1 Discoveries of any interest whatsoever made during excavation or demolition work shall be
brought immediately to the attention of the Engineer. The Engineer shall decide how such
discoveries are to be dealt with, taking due account of the law of the Federal Democratic Republic
of Ethiopia.
51.2 The Public Body reserves the right of ownership of materials found during the excavation and
demolition work carried out on land belonging to him, subject to compensating the Contractor for
any special efforts.
51.3 Artifacts, antiquities and natural, numismatic, or other objects which are of scientific interest, and
also rare objects or objects made of precious metals found during excavation or demolition work
shall be the property of the Public Body.
51.4 In the event of disagreements, the Public Body shall have sole authority to decide as to the
qualifications set out in GCC Clauses 51.1 and 51.3.
52. Temporary Works
52.1 The Contractor shall carry out at his expense all the temporary works to enable the Works to be
carried out. He shall submit specification and drawings showing the proposed temporary work to
the Engineer, who is to approve them if they comply with the specification and drawings. The
Contractor shall take into account any observations made to him by the Engineer while assuming
responsibility for these drawings.
52.2 The Contractor shall be responsible for design of Temporary Works.
52.3 The Engineer’s approval shall not alter the Contractor’s responsibility for design of the temporary
works.
52.4 The Contractor shall obtain approval of third parties to the design of the temporary works, where
required.
52.5 Where the design of particular temporary works is specified in the SCC to be the responsibility of
the Public Body, the Engineer shall provide the Contractor with all drawings necessary in
reasonable time to enable the Contractor to undertake the temporary works in accordance with his
program. In such cases, the Public Body shall be solely responsible for the safety and adequacy of
the design. However, the Contractor shall be responsible for the proper construction.
53. Soil Studies
53.1 Subject to the SCC and to the technical specifications, the Contractor shall make available to the
Engineer, the personnel and equipment necessary for carrying out any soil survey which the
Engineer considers reasonably necessary. The Contractor shall be compensated for the actual cost
of the manpower and equipment used or made available in such work, if not already provided for
in the contract.
54. Overlapping Contracts
54.1 The Contractor shall, in accordance with the requirements of the Engineer, afford all reasonable
opportunities for carrying out their work to any other Contractors employed by the Public Body or
any other public authorities who may be employed on or near the Site in the execution of any
work not included in the contract, or of any contract which the Public Body may enter into in
connection with, or ancillary to, the works.
54.2 If, however, the Contractor, on the written request of the Engineer, makes available to any such
Contractor, or public authority, or to the Public Body, any roads or ways for the maintenance of
which the Contractor is responsible, or permits the use by any such other persons of the
Contractor's temporary works, scaffolding or other equipment on the site, or provides any other
service of whatsoever nature, which was not provided for in the contract, the Public Body shall
pay to the Contractor in respect of such use or service, such sums and/or grant such extension of
time, as shall, in the opinion of the Engineer, be reasonable.
54.3 The Contractor shall not by reason of this Clause be relieved of any of his obligations under the
Contract nor shall he be entitled to any claims other than those provided for in GCC Clause 54.2.
54.4 In no circumstances may difficulties arising with regard to one contract entitle the Contractor to
modify or delay implementation of other contracts. Similarly, the Public Body may not take
advantage of such difficulties to suspend payments due under another contract.
55. Patents and Licenses
55.1 Except where otherwise provided in the SCC, the Contractor shall indemnify the Public Body and
the Engineer against any claim resulting from the use as specified in the contract of patents,
licenses, drawings, designs, models, or brand or trade marks, except where such infringement
results from compliance with the design or specification provided by the Public Body and /or the
Engineer.
56. Accounting, Inspection and Auditing
56.1 The Contractor shall keep, and shall cause its Sub-Contractors to keep, accurate and systemic
accounts and records in respect of the Contract, in accordance with internationally accepted
accounting principles and in such form and detail as will clearly identify all relevant time charges
and costs.
56.2 For the purpose of the examination and certification of the Public Body's accounts; or any
examination of the economy, efficiency and effectiveness with which the Public Body has used its
resources, the Federal Auditor General and the Public Procurement and Property Administration
Agency or its auditors may inspect all accounts and records relating to the performance of the
Contract and the submission of the Proposal to provide the Works which are owned, held or
otherwise within the control of the Contractor and may require the Contractor to produce such oral
or written explanation as he considers necessary. The Contractor acknowledges that it will fully
cooperate with any counter fraud policy or investigation carried out by authorized body at any
time.
57. Data Protection
57.1 The Contractor shall comply with all applicable data protection legislation. In particular the
Contractor agrees:
(kkkkkkk) To maintain appropriate technical and organizational security measures;
(lllllll) To only process Personal Data for and on behalf of the Public Body, in accordance with
the instructions of the Public Body and for the purpose of performing its obligations under
the Contract;
(mmmmmmm) To allow the Public Body to audit the Contractor's compliance with the
requirements of this Clause on reasonable notice and/or to provide the Public Body with
evidence of its compliance with the obligations set out in this Clause.
57.2 The Contractor agrees to indemnify and keep indemnified the Public Body against all claims and
proceedings and all liability, loss, costs and expenses incurred in connection therewith by the
Public Body as a result of any claim made or brought by any individual or other legal person in
respect of any loss, damage or distress caused to that individual or other legal person as a result of
the Contractor's unauthorized processing, unlawful processing, destruction of and/or damage to
any Personal Data processed by the Contractor, its employees or agents in the Contractor's
performance of the Contract or as otherwise agreed between the Parties.
58. Performance Security
58.1 The Contractor shall, within fifteen (15) days from signing the contract, provide a Performance
Security for the due performance of the Contract in the amount specified in the SCC.
58.2 Notwithstanding the provision of Sub-clause above a conditional insurance bond shall be accepted
as Performance Security.
58.3 The proceeds of the Performance Security shall be payable to the Public Body as compensation
for any loss resulting from the Contractor’s failure to complete its obligations under the Contract.
58.4 The Performance Security shall be denominated in currency specified in the SCC, and shall be in
the form of cash, cheque certified by a reputable bank, letter of credit, or Bank Guarantee in the
date.
59.7 The Contractor undertakes to repay any amounts paid in excess of the final amount due to the
Public Body before the deadline indicated in the debit note which is 45 days from the issuing of
that note.
59.8 Should the Contractor fail to make repayment within the deadline set by the Public Body, the
Public Body may (unless the Contractor is a government-owned enterprise) increase the amounts
due by adding interest at the rediscount rate applied by the National bank of Ethiopia on the first
day of the month in which the time-limit expired, plus three and a half percentage points. The
default interest shall be incurred over the time which elapses between the date of the payment
deadline set by the Public Body and the date on which payment is actually made. Any partial
payments shall first cover the interest thus established.
59.9 Amounts to be repaid to the Public Body may be offset against amounts of any kind due to the
Contractor. This shall not affect the parties' right to agree on payment in installments. Bank
charges involved in the repayment of amounts due to the Public Body shall be borne entirely by
the Contractor.
60. Advance Payment
60.1 If the SCC so provide, advance payment shall be granted to the Contractor, at his request, for
operations connected with the implementation of the tasks, in the cases listed hereinafter:
(vvvvvvv) as a lump-sum advance enabling Contractor to meet expenditure resulting from
the commencement of the contract;
(wwwwwww) if Contractor affords proof of the conclusion of a contract for the purchase or
order of materials, plant, equipment, machines and tools, necessary for the execution of the
contract, and of any other substantial prior expenses such as the acquisition of patents or
study costs.
60.2 The SCC shall state the amount of the advance payment which shall not exceed 30% of the total
contract price.
60.3 No advance payment shall be granted until:
(xxxxxxx) The conclusion of the Contract;
(yyyyyyy) Provision to the Public Body by the procedure of the Performance Security in
accordance with GCC Clause 58; and by
(zzzzzzz) Provision to the Public Body by the Contractor of an advance payment security
in an amount equal to the advance payment they receive in the form of a certified cheque or
unconditional bank guarantee at their option from a reputable bank or letter of guarantee
written by a competent body organizing and overseeing small and micro enterprises
established under the relevant law.
60.4 Advance payment security shall remain effective until the advance payment has been completely
repaid by the Contractor out of interim payments under the contract.
60.5 The Contractor shall 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 Engineer. Should the Contractor misuse any portion of the advance
payment, it shall become due and repayable immediately and no further advance payments will be
made to him.
60.6 Should the advance payment security cease to be valid and the Contractor fail to re-validate it,
either a deduction equal to the amount of the advance payment may be made by the Public Body
from future payments due to the Contractor under the contract, or the Public Body may apply the
provisions of GCC Clause 58.6.
60.7 If the contract is terminated for any reason whatsoever, the guarantees securing the advance
payment may be invoked forthwith in order to repay the balance of the advance payment still
owed by the Contractor, and the guarantor shall not delay payment or raise objection for any
reason whatever.
60.8 The advance payment security provided for in this GCC Clause shall be released as and when
advance payment is repaid.
60.9 Further conditions and procedures for granting and repaying advance payment shall be as laid
down in the SCC.
61. Retention Monies
61.1 The sum which shall be retained from interim payments by way of guarantee to meet the
Contractor's obligations during the Defects Liability Period, and the detailed rules governing that
guarantee, shall be stipulated in the SCC, provided that it shall, in no case, exceed 10% of the
contract price.
61.2 Subject to the approval of the Public Body, the Contractor may, if he so wishes, substitute, not
later than the date fixed for the commencement of the works, these retention sums by a retention
guarantee issued in accordance with GCC Clause 58.
61.3 The sum retained or the retention guarantee shall be released within 45 days of the issuing of the
signed final statement of account referred to in GCC Clause 65.
Where:
PA = The amount of the Price adjustment to be paid to, or recovered from, the
Contractor, in currency specified in SCC;
NV= The fraction which represents Non Variable element of the Contract Price that is
free of contract price adjustment, as specified in the Contractor's Bid;
A= The fraction of the Contract Price subject to adjustment in accordance with
movements of the selected Average Labor Category Earnings Index;
MLI = The most recently available selected Average Labor Category Earnings Index on the
date on which the Public Body received notification of the proposed increased price
from the Contractor;
BLI = Benchmark Average Labor Category Earnings Index applicable to the Works either:
(a) at the bid closing date, or
(b) if the Contract Price has been adjusted previously, the date on which the Public
Body received notification from the Contractor in respect of the last adjustment to
effect the current Contract Price;
B= The fraction of the Contract Price subject to adjustment in accordance with
movements of the selected Material Price Index
MMI = The most recently available selected Material Price Index on the date on which the
Public Body received notification of the proposed increased price from the Contractor;
BMI = Benchmark selected Material Price Index applicable to the Works either:
(a) at the bid closing date, or
(b) if the Contract Price has been adjusted previously, the date on which the Public
Body received notification from the Contractor in respect of the last adjustment to
effect the current Contract Price;
revised Pricing Schedule which incorporates the proposed changes in price and specifies the date
on which the proposed variation in price is to take effect in accordance with GCC Sub-Clauses
62.14 and 62.15.
62.17 The Contractor shall, when it notifies or requests a price adjustment under GCC Sub-Clause
62.12, provide to the Public Body such Document or other information as the Contractor
considers appropriate for the purpose of substantiating the requested price adjustment.
62.18 Where the Public Body questions a price increase notified or requested under GCC Sub-Clause
62.12, and the Contractor is not able, on the basis of the information it provided to the Public
Body, to substantiate to the Public Body any, or a part of, the notified or requested price
adjustment, the Contract Price shall be increased by only so much as the Contractor is able to
substantiate and:
(a) the substantiated increased Contract Price shall take effect as the new Contract Price in
relation to the Works as the case may be, on the date referred to in GCC Sub-Clause 62.14
or 62.15 unless another date is agreed in writing between the Parties; and
(b) the Contractor shall, if it has not already done so, supply a suitably revised Pricing
Schedule in accordance with the requirements of GCC Sub-Clause 62.16.
62.19 Any discount offered by the Contractor under this Agreement cannot be reduced during the Term
of this Contract without the agreement in writing of the Public Body.
63. Valuation of Works
63.1 The following methods shall apply to the valuation of works:
(c) For unit-price (admeasurement) contracts:
(i) The amount due under the contract shall be calculated by applying the unit rates to the
quantities actually executed for the respective items, in accordance with the Contract;
(ii) The quantities set out in the bill of quantities shall be the estimated quantities of the
works, which shall not be taken as the actual and correct quantities of the works to be
executed by the Contractor in fulfillment of his obligations under the Contract;
(iii) The Engineer shall determine by measurement the actual quantities of the works
executed by the Contractor, and these shall be paid for in accordance with GCC
Clause 64. Unless otherwise provided in the SCC no additions shall be made to the
items in the bill of quantities except as a result of a modification in accordance with
GCC Clause 15 or another provision of the Contract entitling the Contractor to
additional payment;
(iv) The Engineer shall, when he requires any parts of the works to be measured, give
64.4 Unless the SCC provide otherwise, the frequency shall be one interim payment per month.
65. Final Statement of Account
65.1 Unless otherwise agreed in the SCC, the Contractor shall not later than 90 days after the issue of
the Final Acceptance Certificate referred to in GCC Clause 89, submit to the Engineer a draft final
statement of account with supporting documents showing in detail the value of the work done in
accordance with the Contract, together with all further sums which the Contractor considers to be
due to him under the Contract in order to enable the Engineer to prepare the final statement of
account.
65.2 Within 60 days after receipt of the draft final statement of account and of all information
reasonably required for its verification, the Engineer shall prepare the final statement of account,
which determines:
(j) the amount which in his opinion is finally due under the Contract; and
(k) after establishing the amounts previously paid by the Public Body and all sums to which the
Public Body is entitled under the Contract, the balance, if any, due from the Public Body to
the Contractor, or from the Contractor to the Public Body, as the case may be.
65.3 The Engineer shall issue to the Public Body or to its duly authorized representative, and to the
Contractor, the final statement of account showing the final amount to which the Contractor is
entitled under the Contract. The Public Body or its duly authorized representative and the
Contractor shall sign the final statement of account as an acknowledgement of the full and final
value of the work implemented under the Contract and shall promptly submit a signed copy to the
Engineer. However, the final statement of account shall not include amounts in dispute which are
the subject of negotiations or amicable settlement.
65.4 The final statement of account signed by the Contractor shall constitute a written discharge of the
Public Body confirming that the total in the final statement of account represents full and final
settlement of all monies due to the Contractor under the Contract, other than those amounts which
are the subject of amicable settlement. However, such discharge shall become effective only after
any payment due in accordance with the final statement of account has been made and the
performance security referred to in GCC Clause 58 has been returned to the Contractor.
65.5 The Public Body shall not be liable to the Contractor for any matter or thing whatsoever arising
out of, or in accordance with, the Contract or execution of the works, unless the Contractor shall
have included a claim in respect thereof in his draft final statement of account.
66. Direct Payments to Sub-Contractors
66.1 When the Engineer receives a claim from a Sub-Contractor duly approved under GCC Clause 14
to the effect that the Contractor has not met his financial obligations so far as the Sub-Contractor
is concerned, the Engineer shall give notice to the Contractor either to pay the Sub-Contractor or
to inform him of the reasons why payment should not be made. Should such payment not be
made, or reasons not be given within the period of notice, the Engineer may, after satisfying
himself that the work has been carried out, certify, and the Public Body shall meet the debt
claimed by the Sub-Contractor out of the sums remaining due to the Contractor. The Contractor
shall remain entirely responsible for the work in respect of which direct payment has been made.
66.2 If the Contractor gives adequate reasons for refusing to meet all or part of the debt claimed by the
Sub-Contractor, the Public Body shall only pay to the Sub-Contractor such sums as are not in
dispute. Sums claimed by the Sub-Contractor in respect of which the Contractor has given
adequate reasons for his refusal to pay shall be paid by the Public Body only after the parties have
come to an amicable settlement or after a judgment of a court has been duly notified to the
Engineer.
66.3 Direct payments to Sub-Contractors shall not exceed the value at contract prices of the services
performed by the Sub-Contractors for which they request payment; the value at contract prices
shall be calculated or assessed on the basis of the bill of quantities, the price schedule or the
breakdown of the lump sum price.
66.4 Direct payments to Sub-Contractors shall be made entirely in the currency specified in SCC
Clause 59.1.
66.5 The provisions of this GCC Clause shall apply subject to the requirements of the law applicable
by virtue of GCC Clause 68 concerning the right to payment of creditors who are beneficiaries of
an assignment of credit or of a collateral security.
67. Delayed Payments
67.1 Once the time-limit referred to in GCC Clause 59.3 has expired, the Contractor – unless the
Contractor is a public body which is partly or wholly financed by the Federal Government Budget
– shall upon demand, submitted within two months of receiving late payment, be entitled to late-
payment interest at the rediscount rate applied by the National bank of Ethiopia on the first day of
the month in which the time-limit expired, plus three and a half percentage points. The interest
shall be payable for the time elapsed between the expiry of the payment deadline and the date on
which the Public Body’s account is debited. .
67.2 Any default in payment of more than 120 days from the expiry of the period laid down in GCC
Clause 67.1 shall entitle the Contractor either not to perform the Contract or to terminate it.
SCC in accordance with the Specifications and Drawings or as agreed by the Parties in writing.
71. Commencement of Works
71.1 The Public Body shall fix the Start Date on which execution of the Works is to commence in the
SCC or by administrative order issued by the Engineer.
71.2 The Start Date for commencing execution of the Works shall be not later than 120 days following
notification of award of contract unless agreed otherwise by the parties.
72. Period of Execution of Works
72.1 The period of execution of Works shall commence on the Start Date fixed in accordance with
GCC Clause 71.1 and shall be as laid down in the SCC, without prejudice to extensions of the
period which may be granted under GCC Clause 73.
72.2 The Contractor shall carry out the Works in accordance with the Program of implementation of
tasks submitted by the Contractor, as updated with the approval of the Engineer, and complete
them by the Intended Completion Date.
72.3 If provision is made for distinct periods of implementation for separate lots, in cases where one
Contractor is awarded more than one lot per contract, the periods of implementation for the
separate lots will not be accumulated.
73. Extension of Intended Completion Date
73.1 The Contractor may request an extension of the Intended Completion Date if he is or will be
delayed in completing the contract by any of the following causes:
(n) Exceptional weather conditions in the Federal Democratic Republic of Ethiopia;
(o) Artificial obstructions or physical conditions which could not reasonably have been
foreseen by an experienced Contractor;
(p) Compensation Event occurs or a change order for modification is issued which makes it
impossible for completion to be achieved by the Intended Completion Date;
(q) Administrative orders affecting the date of completion other than those arising from the
Contractor's default;
(r) Failure of the Public Body to fulfill his obligations under the Contract;
(s) Any suspension of the works which is not due to the Contractor's default;
(t) Force majeure;
(u) Any other causes referred to in these GCC which are not due to the Contractor's default.
73.2 The Contractor shall, within 15 days of becoming aware that delay may occur, notify the Engineer
of his intention to make a request for extension of the Intended Completion Date to which he may
consider himself entitled, and shall, unless otherwise agreed between the Contractor and the
Engineer, within 21 days from the notification deliver to the Engineer full and detailed particulars
of the request, in order that such request may be investigated at the time.
73.3 Within 21 days from receipt of the Contractor's detailed particulars of the request, the Engineer
shall, by written notice to the Contractor after due consultation with the Public Body and, where
appropriate, the Contractor, grant such extension of the Intended Completion Date as may be
justified, either prospectively or retrospectively, or inform the Contractor that he is not entitled to
an extension.
73.4 If the Contractor has failed to give early notification 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.
74. Compensation Events for Allowing Time Extension
74.1 The following shall be Compensation Events allowing for time extension:
(v) The Public Body does not give access to a part of the Site by the Site Possession Date stated
in the Contractor’s approved work program;
(w) The Public Body modifies the Schedule of other Contractors in a way that affects the work
of the Contractor under the Contract;
(x) The Engineer orders a delay or does not issue Drawings, Specifications, or instructions
required for execution of the Works on time;
(y) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work,
which is then found to have no Defects;
(z) The Engineer unreasonably does not approve a subcontract to be let;
(aa) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the
Public Body, or additional work required for safety or other reasons.
(bb) Other Contractors, public authorities, utilities, or the Public Body do not work within the
dates and other constraints stated in the Contract, and they cause delay;
(cc) The advance payment is delayed;
(dd) The Engineer unreasonably delays issuing Interim Payment Certificates;
(ee) Other Compensation Events described in the SCC or determined by the Public Body and
force majeure.
74.2 If a Compensation Event would prevent the work being completed before the Intended
Completion Date, the Intended Completion Date shall be extended. The Engineer shall decide
whether and by how much the Intended Completion Date shall be extended.
74.3 The Contractor shall not be entitled to compensation to the extent that the Public Body’s interests
are adversely affected by the Contractor not having given early warning.
75. Acceleration
75.1 When the Public Body wants the Contractor to finish before the Intended Completion Date, the
Engineer will obtain priced proposals for achieving the necessary acceleration from the
Contractor. If the Public Body accepts these proposals, the Intended Completion Date will be
adjusted accordingly and confirmed by both the Public Body and the Contractor.
75.2 If the Contractor’s priced proposals for acceleration are accepted by the Public Body, they are
incorporated in the Contract Price and treated as a modification.
76. Management Meetings
76.1 Either the Engineer or the Contractor may require the other to attend a formal management
meeting, to discuss the Public Body's levels of satisfaction in respect of the Works carried out
under the Contract, to review the plans for remaining work, and to agree any necessary action to
address areas of dissatisfaction. The Contractor will not obstruct or withhold its agreement to any
such necessary action. Such meetings shall be attended by duly authorized and sufficiently senior
employees of both the Public Body and the Contractor together with any other relevant attendees.
The Parties shall agree a standing agenda for such Reviews.
76.2 The Engineer shall record the business of management meetings and provide copies of the record
to those attending the meeting and to the Public Body. The responsibility of the parties for actions
to be taken shall be decided by the Engineer either at the management meeting or after the
management meeting and stated in writing to all who attended the meeting.
77. Early Warning
77.1 The Contractor shall warn the Engineer 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 Engineer 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.
77.2 The Contractor shall cooperate with the Engineer 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 Engineer.
78. Delays in Implementation of Tasks
78.1 If the Contractor fails to complete the works within the time period(s) specified in the Contract the
Public Body shall, without formal notice and without prejudice to his other remedies under the
contract be entitled to liquidated damages for every day or part thereof which shall elapse between
the end of the period specified for implementation of tasks or extended Intended Completion Date
under GCC Clause 72 and the actual date of completion, at the rate and up to the maximum
amount specified in the GCC Clause 27. If the works have been the subject of partial acceptance
in accordance with GCC Clause 86, the liquidated damages specified in the GCC Clause 27 may
be reduced in the proportion which the value of the accepted part bears to the value of the whole
of the works.
78.2 If the Public Body has become entitled to the maximum claim under GCC Clause 78.1 he may,
after giving notice to the Contractor:
(ff) Seize the performance guarantee; and /or
(gg) Terminate the contract; and
(hh) Enter into a contract with a third party at the Contractor's cost for the provision of the
balance of the works.
79. Work Register
79.1 A work register shall, unless otherwise provided by the SCC, be kept on the site by the Engineer,
who shall enter in it at least the following information:
(ii) the weather conditions, interruptions of work owing to inclement weather, hours of work,
number and type of workmen employed on the site, materials supplied, equipment in use,
equipment not in working order, tests carried out, samples dispatched, unforeseen
circumstances, as well as orders given to the Contractor;
(jj) detailed statements of all the quantitative and qualitative elements of the work done and the
supplies delivered and used, capable of being checked on the Site and relevant in
calculating payments to be made to the Contractor.
79.2 The statements shall form an integral part of the work register but may, where appropriate, be
recorded in separate documents. The technical rules for drawing up the statements shall be as set
out in the SCC.
79.3 The Contractor shall ensure that statements are drawn up, in good time and in accordance with the
SCC, in respect of work, services and supplies which cannot be measured or verified
subsequently; failing this, he shall accept the decisions of the Engineer, unless, at his own
expense, he provides evidence to the contrary.
79.4 Entries made in the work register as work progresses shall be signed by the Engineer and
countersigned by the Contractor or his representative. If the Contractor objects, he shall
communicate his views to the Engineer within 15 days following the date on which the entry or
the statements objected to be recorded. Should Contractor fail to countersign or to submit his
views within the period allowed, the Contractor shall be deemed to agree with the notes shown in
the register. The Contractor may examine the work register at any time and may, without
removing the document, make or receive a copy of entries which he considers necessary for his
own information.
79.5 The Contractor shall, on request, provide the Engineer with the information needed to keep the
work register in good order.
80. Origin and Quality of Works and Materials
80.1 All goods purchased under the contract shall have their origin in any eligible source country as
defined in the Section 5 of the Bidding Documents.
80.2 The works, components and materials shall conform to the specifications, drawings, surveys,
models, samples, patterns and other requirements in the SCC which shall be held at the disposal of
the Public Body or the Engineer for the purposes of identification throughout the period of
performance.
80.3 Any preliminary technical acceptance stipulated in the SCC shall be the subject of a request sent
by the Contractor to the Engineer. The request shall indicate the reference to the contract, the lot
number and the place where such acceptance is to take place, as appropriate. The components and
materials specified in the request must be certified by the Engineer as meeting the requirements
for such acceptance prior to their incorporation in the works.
80.4 Even if materials or items to be incorporated in the works or in the manufacture of components
have been technically accepted in this way, they may still be rejected and must be replaced
immediately by the Contractor if a further examination reveals defects or faults. The Contractor
may be given the opportunity to repair and make good materials and items which have been
rejected, but such materials and items will be accepted for incorporation in the works only if they
have been repaired and made good to the satisfaction of the Engineer.
81. Inspection and Testing
81.1 The Contractor shall ensure that the components and materials are delivered to the site in time to
allow the Engineer to proceed with acceptance of the components and materials. The Contractor is
deemed to have fully appreciated the difficulties which he might encounter in this respect, and he
shall not be permitted to advance any grounds for delay in fulfilling his obligations.
81.2 The Engineer shall be entitled, either by himself or his agent, to inspect, examine, measure and
test the components, materials and workmanship, and check the progress of preparation,
fabrication or manufacture of anything being prepared, fabricated or manufactured for delivery
under the contract in order to establish whether the components, materials and workmanship are
of the requisite quality and quantity. This shall take place at the place of manufacture, fabrication,
preparation or on the site or at such other places as may be specified in the contract.
81.3 For the purposes of such tests and inspections, the Contractor shall:
(kk) provide to the Engineer, temporarily and free of charge, such assistance, test samples, parts,
machines, equipment, tools or materials and labor as are normally required for inspection
and testing;
(ll) agree, with the Engineer, on the time and place for tests;
(mm)provide access for the Engineer at all reasonable times to the place where the tests are to be
carried out.
81.4 If the Engineer is not present on the date agreed for tests, the Contractor may, unless otherwise
instructed by the Engineer, proceed with the tests, which shall be deemed to have been made in
the Engineer's presence. The Contractor shall forthwith forward duly certified copies of the test
results to the Engineer, who shall, if he has not attended the test, be bound by the test results.
81.5 When components and materials have passed the tests referred to in this GCC Clause, the
Engineer shall notify the Contractor or endorse the procedure's certificate to that effect.
81.6 If the Engineer and the Contractor disagree on the test results, each shall give a statement of his
views to the other within 15 days after such disagreement arises. The Engineer or the Contractor
may require such tests to be repeated on the same terms and conditions or, if either party so
requests, by an expert to be selected by common consent. All test reports shall be submitted to the
Engineer who shall communicate the results of these tests without delay to the Contractor. The
results of the re-testing shall be conclusive. The cost of the re-testing shall be borne by the party
whose views are proved wrong by the re-testing.
81.7 In the performance of his duties, the Engineer and all persons authorized by him shall disclose
only to those persons who are entitled to know of it information which he has obtained by reason
of his inspection and testing of the methods of manufacture and operation of the undertaking.
82. Rejection
82.1 Components and materials which are not of the specified quality shall be rejected. A special mark
may be applied to the rejected components or materials. This shall not be such as to alter them or
affect their commercial value. Rejected components and materials shall be removed by the
Contractor from the site within a period which the Engineer shall specify, failing which they shall
be removed by the Engineer as of right at the expense and risk of the Contractor. Any work
incorporating rejected components or materials shall be rejected.
82.2 The Engineer shall, during the progress of the works and before the works are taken over, have the
83.4 Any agreement for the hire by the Contractor of equipment, temporary works, plant and materials
brought onto the Site, shall contain a provision that on request in writing made by the Public Body
within 7 days after the date on which the termination under GCC Clause 21 becomes effective,
and on the Public Body undertaking to pay all hire charges in respect thereof from such date, the
owner thereof will hire such equipment, temporary works, plant or materials to the Public Body
on the same terms as they were hired by the Contractor, except that the Public Body shall be
entitled to permit the use thereof by any other Contractor employed by him for completing the
works under the provisions of GCC Clause 21.5.
83.5 Upon termination of the contract before completion of the works, the Contractor shall deliver to
the Public Body any plant, temporary works, equipment or materials the property in which has
vested in the Public Body or been made subject to a lien by virtue of GCC Clause 83.2. If he fails
to do so, the Public Body may take such appropriate action as it deems fit in order to obtain
possession of such plant, temporary works, equipment and materials and recover the cost of so
doing from the Contractor.
Acceptance and Defects Liability
84. General Principles
84.1 Verification of the works by the Engineer with a view to provisional or final acceptance shall take
place in the presence of the Contractor. The absence of the Contractor shall not be a bar to
verification on condition that the Contractor has been summoned in due form at least 30 days
prior to the date of verification.
84.2 Should exceptional circumstances make it impossible to ascertain the state of the works or
otherwise proceed with their acceptance during the period fixed for provisional or final
acceptance, a statement certifying such impossibility shall be drawn up by the Engineer after
consultation, where possible, with the Contractor. The verification shall take place and a statement
of acceptance or rejection shall be drawn up by the Engineer within 30 days following the date on
which such impossibility ceases to exist. The Contractor shall not invoke these circumstances in
order to avoid his obligation to present the works in a state suitable for acceptance.
85. Tests on Completion
85.1 The works shall not be accepted until the prescribed verifications and tests have been carried out
at the expense of the Contractor. The Contractor shall notify the Engineer of the date on which
such verification and tests may commence.
85.2 Works which do not satisfy the terms and conditions of the Contract, or in the absence of such
terms and conditions, which are not carried out in accordance with trade practices in the Federal
Democratic Republic of Ethiopia, shall, if required, be demolished and rebuilt by the Contractor
or repaired to the satisfaction of the Engineer, otherwise this shall be done as of right after due
notice at the expense of the Contractor, by order of the Engineer. The Engineer may also require
the demolition and reconstruction by the Contractor, or repair to the satisfaction of the Engineer,
under the same conditions of work, in which unacceptable materials have been used, or carried out
in the periods of suspension provided for in GCC Clause 20.
86. Partial Acceptance
86.1 The Public Body may make use of the various structures, parts of structures or sections of the
works forming part of the contract as and when they are completed. Any taking over of the
structures, parts of structures or sections of the works by the Public Body shall be preceded by
their partial provisional acceptance. However, works may in cases of urgency be taken over prior
to acceptance provided an inventory of outstanding work is drawn up by the Engineer and agreed
to by the Contractor and the Engineer beforehand. Once the Public Body has taken possession of a
structure, a part thereof or section of the works, the Contractor shall no longer be required to make
good any damage resulting otherwise than from faulty construction or workmanship.
86.2 The Engineer may, at the request of the Contractor and if the nature of the works so permits
proceeds with partial provisional acceptance, provided that the structures, parts of structures or
sections of the works are completed and suited to the use as described in the Contract.
86.3 In the cases of partial provisional acceptance referred to in GCC Sub-Clauses 86.1 and 86.2 the
Defects Liability Period provided for in GCC Clause 88 shall, unless the SCC provide otherwise,
run as from the date of such partial provisional acceptance.
87. Provisional Acceptance
87.1 The works shall be taken over by the Public Body when they have satisfactorily passed the tests
on completion and a certificate of provisional acceptance has been issued or is deemed to have
been issued.
87.2 The Contractor may apply, by notice to the Engineer, for a certificate of provisional acceptance
not earlier than 15 days before the works, in the Contractor's opinion, are complete and ready for
provisional acceptance. The Engineer shall within 30 days after the receipt of the Contractor's
application either:
(tt) issue the certificate of provisional acceptance to the Contractor with a copy to the Public
Body stating, where appropriate, his reservations, and, inter alia, the date on which, in his
opinion, the works were completed in accordance with the Contract and ready for
provisional acceptance; or
(uu) reject the application giving his reasons and specifying the action which, in his opinion, is
required of the Contractor for the certificate to be issued.
87.3 If the Engineer fails either to issue the certificate of provisional acceptance or to reject the
Contractor's application within the period of 30 days, he shall be deemed to have issued the
certificate on the last day of that period. The certificate of provisional acceptance shall not be
deemed to be an admission that the works have been completed in every respect. If the works are
divided by the contract into sections, the Contractor shall be entitled to apply for separate
certificates for each of the sections.
87.4 Upon provisional acceptance of the works, the Contractor shall dismantle and remove temporary
structures as well as materials no longer required for use in connection with the performance of
the contract. He shall also remove any litter or obstruction and redress any change in the condition
of the Site as required by the contract.
87.5 Immediately after provisional acceptance, the Public Body may make use of all the works as
completed.
88. Defects Liability
88.1 The Contractor shall be responsible for making good any defect in, or damage to, any part of the
works which may appear or occur during the Defects Liability Period and which arises either
from:
(vv) the use of defective plant or materials or faulty workmanship or design of the Contractor;
and/or
(ww) any act or omission of the Contractor during the Defects Liability Period.
88.2 The Contractor shall at his own cost make good the defect or damage as soon as practicable. The
Defects Liability Period for all items replaced or renewed shall recommence from the date when
the replacement or renewal was made to the satisfaction of the Engineer. If the contract provides
for partial acceptance, the Defects Liability Period shall be extended only for the part of the works
affected by the replacement or renewal.
88.3 If any such defect appears or such damage occurs, during the period referred to in GCC Clause
88.1, the Public Body or the Engineer shall notify the Contractor. If the Contractor fails to remedy
a defect or damage within the time limit stipulated in the notification, the Public Body may:
(xx) carry out the works himself, or employ someone else to carry out the works, at the
Contractor's risk and cost, in which case the costs incurred by the Public Body shall be
deducted from monies due to or from securities held against the Contractor or from both; or
(yy) terminate the Contract.
88.4 If the defect or damage is such that the Public Body has been deprived substantially of the whole
or a part of the benefit of the works, the Public Body shall, without prejudice to any other remedy,
be entitled to recover all sums paid in respect of the parts of the works concerned together with
the cost of dismantling such parts and clearing the Site.
88.5 In case of emergency, where the Contractor cannot be reached immediately or, having been
reached, is unable to take the measures required, the Public Body or the Engineer may have the
work carried out at the expense of the Contractor. The Public Body or the Engineer shall as soon
as practicable inform the Contractor of the action taken.
88.6 Where the SCC stipulates that the maintenance work, necessitated by normal wear and tear, shall
be carried out by the Contractor, such work shall be paid for from a provisional sum.
Deterioration resulting from the circumstances provided for in GCC Clause 44 or from abnormal
use shall be excluded from this obligation unless it reveals a fault or defect justifying the request
for repair or replacement under GCC Clause 88.
88.7 The defects liability shall be stipulated in the SCC. If the duration of the Defects Liability Period
is not specified, it shall be 365 days. The Defects Liability Period shall commence on the date of
provisional acceptance.
88.8 After provisional acceptance and without prejudice to the defects liability referred to in this GCC
Clause, the Contractor shall no longer be responsible for risks which may affect the works and
which result from causes not attributable to him. However, the Contractor shall be responsible as
from the date of provisional acceptance for the soundness of the construction, as laid down in the
in the Ethiopian law.
89. Final Acceptance
89.1 Upon the expiry of the Defects Liability Period, or where there is more than one such period, upon
the expiry of the latest period, and when all defects or damage have been rectified, the Engineer
shall issue to the Contractor a Final Acceptance Certificate and a copy thereof to the Public Body
stating the date on which the Contractor completed his obligations under the Contract to the
Engineer's satisfaction. The Final Acceptance Certificate shall be given by the Engineer within 30
days after the expiration of the above stated period, or as soon as any works ordered under GCC
Clause 88 have been completed to the satisfaction of the Engineer.
89.2 The works shall not be considered as completed until the Final Acceptance Certificate has been
signed by the Engineer and delivered to the Public Body, with a copy to the Contractor.
89.3 Notwithstanding the issue of the Final Acceptance Certificate, the Contractor and the Public Body
shall remain liable for the fulfillment of any obligation incurred under the contract prior to the
issue of the Final Acceptance Certificate, which remains unperformed at the time such Final
Acceptance Certificate is issued. The nature and extent of any such obligation shall be determined
by reference to the provisions of the contract.
Table of Clauses
A. General Provisions 1
B. The Contract 1
C. Obligations of the Public Body 4
D. Obligations of the Contractor 4
E. Payments to the Contractor 5
F. Performance of the Contract 7
G. Acceptance and Defects Liability 7
The following Special Conditions of Contract (SCC) shall supplement the General
Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein
shall prevail over those in the GCC.
GCC Clause
Section 8. Special Conditions of Contract
Reference
A. General Provisions
Procurement Reference Number is: NEEH/567/2022
GCC 1.2(dd) The Public Body is: Elsa Getu
GCC 1.2 (g) The Contractor is: Natinael Tedere
B. The Contract
GCC 7.1 (i) In addition to documents listed in GCC Clause 7.1 the following
documents shall form the Contract:
(zz) The Special Conditions of Contract;
(aaa) The General Conditions of Contract;
(bbb) Bid Submission Sheet with Annexes;
(ccc) Technical Proposal with technical specifications;
(ddd) The design documentation (drawings);;
GCC Clause
Section 8. Special Conditions of Contract
Reference
Floor/Room number: Block 243 2nd floor x room 19
P.O. Box:
Street Address: above to hospital of Bule Hora
Town/City: Bule Hora
Post Code:
Country: Ethiopia
Telephone: 011125413578
Facsimile:
E-mail address Eliyasmesele gmail.com
For notices, the Contractor’s address shall be:
Contractor: Natinael Tedere
Attention: Chaltu rabira
Floor/Room number: Block 233 2nd floor x Room 25
P.O. Box:
Street Address: Near to tele of bule hora
Town/City: Bule Hora
Post Code:
Country: Ethiopia
Telephone: +251912543656
Facsimile:
E-mail address Chalturabi.gmail.com
GCC 11.1 The Member in Charge is [insert name of member]}
Mathusala matewos
GCC 12.1 The Public Body’s Engineer shall be:
Engineer: Chaltu Rabira
P.O. Box:
Street Address: Bule Hora Universty
Town/City: Bule Hora
Post Code:
Country: Ethiopia
GCC Clause
Section 8. Special Conditions of Contract
Reference
Telephone: +25192654565856
Facsimile:
E-mail address Hawigetachew.gmail.com
The Contractor’s authorized officer shall be:
Authorized Officer: Elias Mesele
P.O. Box:
Street Address: Bule Hora University
Town/City: Bule Hora
Post Code:
Country: Ethiopia
Telephone: +25195282835632
Facsimile:
E-mail address Emebeterefe gmail.com
GCC 16.1 In case of change of laws and regulation after the deadline for submission of the
Bid Contract Price shall not be correspondingly increased or decreased and/or
the Delivery Date shall not be reasonably adjusted to the extent that Contractor
has thereby been affected in the performance of any of its obligations under the
Contract.
GCC 17.1 The Contractor, Sub-Contractors, and their Personnel :
(i) Shall not be exempted from duties and indirect taxes levied by the
Federal Democratic Republic of Ethiopia, or
(ii) Shall be exempted from duties and indirect taxes levied by the Federal
Democratic Republic of Ethiopia, or
(iii) Shall be reimbursed by the Public Body for any such duties and
indirect taxes levied by the Federal Democratic Republic of Ethiopia they
might have to pay (or that the Public Body would pay such levies on
behalf of the Contractor and the Personnel).
The Public Body warrants that the Contractor, the Sub-Contractors and the
Personnel shall be exempt from (or that the Public Body shall pay on behalf of
GCC Clause
Section 8. Special Conditions of Contract
Reference
the Contractor, the Sub-Contractors and the Personnel, or shall reimburse the
Contractor, the Sub-Contractors and the Personnel for) any indirect taxes, duties,
fees, levies and other impositions imposed, under the Applicable Law, on the
Contractor, the Sub-Contractors and the Personnel in respect of:
(a). any payments whatsoever made to the Contractor, Sub-Contractors and the
Personnel (other than nationals or permanent residents of the Federal
Democratic Republic of Ethiopia), in connection with the carrying out of
the Works;
(b). any equipment, materials and supplies brought into the Federal Democratic
Republic of Ethiopia by the Contractor or Sub-Contractors for the purpose
of carrying out the Works and which, after having been brought into such
territories, will be subsequently withdrawn there from by them;
(c). any equipment imported for the purpose of carrying out the Works and paid
for out of funds provided by the Public Body and which is treated as
property of the Public Body;
(d). any property brought into the Federal Democratic Republic of Ethiopia by
the Contractor, any Sub-Contractors or the Personnel (other than nationals
or permanent residents of the Federal Democratic Republic of Ethiopia), or
the eligible dependents of such Personnel for their personal use and which
will subsequently be withdrawn there from by them upon their respective
departure from the Federal Democratic Republic of Ethiopia, provided that:
(i) the Contractor, Sub-Contractors and Personnel, and their eligible
dependents, shall follow the usual customs procedures of the Federal
Democratic Republic of Ethiopia in importing property into the Federal
Democratic Republic of Ethiopia; and
(ii) if the Contractor, Sub-Contractors or Personnel, or their eligible
dependents, do not withdraw but dispose of any property in the Federal
Democratic Republic of Ethiopia upon which customs duties and taxes
have been exempted, the Contractor, Sub-Contractors or Personnel, as
the case may be, (i) shall bear such customs duties and taxes in
conformity with the regulations of the Federal Democratic Republic of
GCC Clause
Section 8. Special Conditions of Contract
Reference
Ethiopia, or (ii) shall reimburse them to the Public Body if they were
paid by the Public Body at the time the property in question was
brought into the Federal Democratic Republic of Ethiopia
GCC 22.1 The percentage to apply to the value of the work not completed, representing the
public Body's additional cost for completing the Works, is 5%(advanced) .
GCC Clause
Section 8. Special Conditions of Contract
Reference
15%
(ggg) The minimum cover for insurance of Equipment is 15%
(hhh) The maximum deductible for insurance of Equipment is .15%
(iii) The minimum cover for insurance of property is 15%
(jjj) The maximum deductible for insurance of property is 15%
(kkk) The minimum cover for personal injury or death insurance is with no
deductible
The amount of insurance covering liability with regard to risks and civil liability
insurance shall be:
GCC 40.3
(i) Unlimited ; or
(ii) Limited .
The Contractor shall submit a Program of implementation of the tasks within 05
February 2022days of delivery of the Notice of Acceptance.
The specific requirements of the Program of implementation of tasks are the
following:
(a) The order in which the Contractor proposes to carry out the works;
(b) The time limits within which submission and approval of the
drawings are required;
GCC 41.1 (c) An organization chart containing the names, qualifications and
curricula vitae of the staff responsible for the Site,
(d) A general description of the method including the sequence, by
month and by nature which the Contractor proposes to carry out the
works;
(e) A plan for the setting out and organization of the Site, and
(f) Such further details and information as the Engineer may
reasonably require.
GCC 41.4 The period between Program updates is 4 week days.
The amount to be withheld for late submission of an updated Program is .
If the Contractor does not submit an updated Program within this period, the
Engineer may withhold the amount stated in the SCC from the next payment
certificate and continue to withhold this amount until the next payment after the
GCC Clause
Section 8. Special Conditions of Contract
Reference
date on which the overdue Program has been submitted.
GCC 47.1 The Contractor shall ensure that the works and installations do not cause
damage to, or obstruct traffic on, communication links such as roads,
railways, waterways and airports, except as permitted under the SCC. He
shall, in particular, take account of weight restrictions when selecting
routes and vehicles.
GCC 47.2 Any special measures which the Contractor considers necessary or which are
specified in the SCC or which are required by the Public Body in order to protect
or strengthen sections of roads, tracks or bridges, shall be at the expense of the
Contractor, whether or not they are carried out by the Contractor. The Contractor
shall inform the Engineer of any special measures he intends to take before
carrying them out. The repair of any damage caused to roads, tracks or bridges
by the transport of materials, plant or equipment shall be at the expense of the
Contractor.
GCC 50.1 Where the contract includes demolition work, materials and articles
obtained therefrom shall, unless the SCC and /or the law of the Federal
Democratic Republic of Ethiopia otherwise provide and subject to the
provisions of GCC Clause 51, be the property of the Contractor.
GCC 50.4 Except where the SCC provide otherwise, the Contractor shall, at his expense,
progressively remove rubble and other demolition materials, rubbish and debris
from the Site.
Where the design of particular temporary works is specified in the SCC to be the
responsibility of the Public Body, the Engineer shall provide the Contractor with
all drawings necessary in reasonable time to enable the Contractor to undertake
GCC 52.5
the temporary works in accordance with his program. In such cases, the Public
Body shall be solely responsible for the safety and adequacy of the design.
However, the Contractor shall be responsible for the proper construction.
GCC 53.1 Subject to the SCC and to the technical specifications, the Contractor shall make
available to the Engineer, the personnel and equipment necessary for carrying out
any soil survey which the Engineer considers reasonably necessary. The
GCC Clause
Section 8. Special Conditions of Contract
Reference
Contractor shall be compensated for the actual cost of the manpower and
equipment used or made available in such work, if not already provided for in the
contract.
Except where otherwise provided in the SCC, the Contractor shall indemnify the
Public Body and the Engineer against any claim resulting from the use as
GCC 55.1 specified in the contract of patents, licenses, drawings, designs, models, or brand
or trademarks, except where such infringement results from compliance with the
design or specification provided by the Public Body and /or the Engineer.
The amount of the Performance Security shall be:
The Contractor shall, within fifteen (15) days from signing the contract,
GCC 58.1 provide a Performance Security for the due performance of the Contract in
the amount specified in the SCC.
The types of acceptable Performance Securities are: in the SCC, and shall be in
the form of cash, cheque certified by a reputable bank, letter of credit, or
GCC 58.4 Bank Guarantee in the format specified in the SCC. Public Body.
The currency shall be: The Performance Security shall be denominated in
currency specified in the SCC,
Discharge of the Performance Security shall take place: be discharged by the
Public Body and returned to the Contractor not later than twenty-eight (28) days
following the date of issuing of the signed Final Statement of Account referred
GCC 58.8
to in GCC Clause 65, for its total amount except for amounts which are the
subject of amicable settlement of disputes, unless specified otherwise in the SCC
GCC Clause
Section 8. Special Conditions of Contract
Reference
repaying advance payment shall be as laid down in the SCC.
(g) An Advance Payment Security shall be required.
(h) An advance payment shall be made within 13 days after the Effective Date.
The advance payment will be set off by the Public Body in equal
installments against the statements for the first months of the Works until
the advance payment has been fully set off.
(i) The Advance Payment Security shall be in the amount and in the currency
of the local currency portion of the advance payment.
(j) The repayment of the advance payments shall take the form of deductions
based on the monthly claims
(i) The advance payment (maximum of 30%) shall be repaid by means of
deductions from the installments and, if necessary, the balance due to
the Contractor. This repayment shall begin with the first installment
and be completed, at the very latest; by the time 80% of the amount of
the contract has been paid.
Repayment shall be made in the same currency as the advance
payment.
The amount to be deducted from each installment shall be calculated
using the following formula:
where:
R = the amount to be repaid
Va = the total amount of the advance payment
Vt = the initial contract amount
D = the amount of the installment.
The result is rounded up to two decimal places.
The sum which shall be retained from interim payments by way of guarantee to
meet the Contractor's obligations during the Defects Liability Period, and the
GCC 61.1
detailed rules governing that guarantee, shall be stipulated in the SCC, provided
that it shall, in no case, exceed 10% of the contract price
GCC Clause
Section 8. Special Conditions of Contract
Reference
The fraction for each specified element and exact combination of elements that
GCC 62.7,
will be applied in the formula for price adjustment shall be. as follows: which are
62.13
specifically listed as specified items in the SCC.
The following methods shall apply to the valuation of works:
(i) The amounts due in case of unit-price contract shall be
GCC 63.1 determined' as follows:
(ii) The amounts due in case of lump sum contract shall be
determined' as follows:
Arrangements for interim payments shall be the following: for interim payment
GCC 64.1 to the Engineer at the end of each period referred to in GCC Clause 64.7 in a
form approved by the Engineer
Ownership of the plant and materials referred to in GCC Clause 83 shall be
GCC 64.2(e)
deemed to be vested in the Public Body.
GCC 64.7 The frequency of interim payment shall be: one interim payment per month
The draft Final Statement of Account shall be submitted at the latest at the
GCC 65.1
moment of the Contractor's application for the provisional acceptance certificate.
The Engineer shall prepare and sign the Final Statement of Account within 30
GCC 65.2 days from the issue of the certificate of final acceptance referred to in GCC
Clause 89.
GCC 70.2 The Contractor shall carry out the Works at following Sites: .
Sites are located at Bule Hora and are defined in Drawings No.02 and 03 .
GCC 71.1 The Start Date shall be 09 February2021
GCC 72.1 The Intended Completion Date for the whole of the Works shall 136 day .
GCC 74.1(j) The following events shall also be Compensation Events:
GCC 79.1 The work register shall be:
(iii) Required ; or
(iv) Not required.
1.1 The technical rules for drawing up the statements shall be: the work
register but May, where appropriate, be recorded in separate documents.
GCC 79.2 The technical rules for drawing up the statements shall be as set out in the
SCC.
The works, components, equipment and materials used in their construction must
comply with:
(a) The following specifications the specifications, drawings, surveys,
GCC 80.2 models, samples, patterns
(b) The requirements of in the SCC which shall be held at the disposal of the
Public Body or the Engineer for the purposes of identification throughout
the period of performance.
GCC 80.3 Any preliminary technical acceptance stipulated in the SCC shall be the subject
of a request sent by the Contractor to the Engineer. The request shall indicate the
reference to the contract, the lot number and the place where such acceptance is
to take place, as appropriate. The components and materials specified in the
request must be certified by the Engineer as meeting the requirements for such
acceptance prior to their incorporation in the works
GCC 81 The Contractor shall ensure that the components and materials are delivered to
the site in time to allow the Engineer to proceed with acceptance of the
components and materials. The Contractor is deemed to have fully
appreciated the difficulties which he might encounter in this respect, and
he shall not be permitted to advance any grounds for delay in fulfilling his
obligations.
GCC 83.2 The SCC may provide that all equipment, temporary works, plant and materials
on Site owned by the Contractor or by any company in which the
Contractor has a controlling interest shall, for the duration of the execution
of the works, be:
(c) Vested in the Public Body; or
(d) Made subject to a lien in favor of the Public Body; or
(e) Made subject to any other arrangement regarding priority interest or
security.
G. Acceptance and Defects Liability
GCC 86.3 In the cases of partial provisional acceptance referred to in GCC Sub-Clauses
86.1 and 86.2 the Defects Liability Period provided for in GCC Clause 88 shall,
unless the SCC provide otherwise, run as from the date of such partial
provisional acceptance.
GCC 87 The works shall be taken over by the Public Body when they have satisfactorily
passed the tests on completion and a certificate of provisional acceptance
has been issued or is deemed to have been issued.
GCC 88.6
GCC 88.7
A. Contract Agreement 1
1. The Agreement 1
B. Performance Security 3
C. Advance Payment Security 4
A. Contract Agreement
for the Procurement of Residential building Construction Building
Procurement Reference No: NEEH /567/2022
This Contract Agreement is made on the 06 February 2022 day of the month of ,
BETWEEN
Elsa Getu of the Federal Democratic Republic of Ethiopia, and having its principal place of
business (hereinafter called the “Public Body”),
And
a corporation incorporated under the laws of and having its principal place of business at 06
February 2022 (hereinafter called the “Contractor”), of the other part
WHEREAS
(f) The Public Body invited bids for certain Works (hereinafter called the “Works”) our work is
G+1 residential building construct in Bule Hora town and has accepted a Bid by the
Contractor for the provision of those Works in the sum of 8,221,124.96 ( eighty million two
hundred twenty two thousand one hundred twenty four birr and ninety six cent)
(hereinafter called “the Contract Price”) in the manner and on the terms described herein
(g) The Contractor having represented to the Public Body that it has the required skills, personnel
and technical resources, has agreed to carry out the Works on the terms and conditions set forth
in this Contract;
1.3 This Contract shall prevail over all other Contract documents. In the event of any discrepancy
or inconsistency within the Contract documents, then the documents shall prevail in the order
listed above.
1.4 In consideration of the payments to be made by the Public Body to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Public Body to carry out the
Works and to remedy defects therein in conformity in all respects with the provisions of the
Contract.
1.5 The Public Body hereby covenants to pay the Contractor in consideration of the provision of
the Works and the remedying of defects therein, 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 HERETO HAVE CAUSED THIS
CONTRACT TO BE SIGNED IN THEIR RESPECTIVE NAMES AS OF THE DAY
AND YEAR FIRST ABOVE WRITTEN.
SIGNED Elsa Getu WITNESS to signature on behalf of Elsa Getu
Signature: Signature:
Name: Chaltu Rabira Name: Efrem Legese
Position: Engneer Position: project manager
Date: 06 February 2022 Date: 06 February 2022
Natnael Tedere
Signature: Signature:
Name: Elias mesele Name: Mihretab Abraham
Position: manager Position: General manager
Date: 06 February 2022 Date:06 February 2022
B. Performance Security
(Bank Guarantee)
To Elsa Getu
WHEREAS Natenael Tetere (hereinafter “the Contractor”) has undertaken, pursuant to Contract
No 1883 dated 06 February 2022 , to supply to Constructed G+1 Residential Building
(hereinafter “the Contract”).
AND WHEREAS it has been stipulated by you in the aforementioned Contract that the
Contractor shall furnish you with a security performance issued by a reputable guarantor for
the sum specified therein as security for compliance with the Contractor’s performance
obligations in accordance with the Contract.
AND WHEREAS the undersigned Betelehem Dechasa, legally domiciled in Bule Hora [insert
complete address of Guarantor], (hereinafter the” Guarantor”), have agreed to give the Contractor
a security:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the
Contractor, up to a total of 8,221,124.96 (Eight million two hundred twenty one thousand one
hundred twenty four birr and ninety six cent) and we undertake to pay you, upon your first
written demand declaring the Contractor to be in default under the Contract, without cavil or
argument, any sum or sums within the limits of 8, 221,124.96 ( eighty million two hundred
twenty one thousand one hundred twenty four birr and ninety six cent) as aforesaid, without
your needing to prove or to show grounds or reasons for your demand or the sum specified
therein.
This security is valid until the 136 day
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No 458.
Signed:
Duly authorized to sign the Security for and on behalf of: Natenael Tedere
Dated on 06 February 2022