The Federal Democratic Republic of Ethiopia

Amhara National Regional State

South Gonder zone at Guna Begemdir Woreda
Finance Office

Construction works of Kirarem River Bridge Project at Guna

Begemidir Woreda

Subject of Procurement: Small Work /Bridge Construction) Project

Procurement Reference ET-AMH FSRP-406122-CW-RFB

Number:

Name of program Food System Resilience Program (FSRP)

Project Name: Kirarem River Small Bridge Project

Employer ANRS- South Gonder zone at Guna
Begemidir woreda Finance Office

Type of procurement: National Competitive bid (NCB)

Date of Issue of Bidding April 22/2016EC Kimrdngay, Ethiopia

Documents:
Bid closing date :- May 22/2016EC 4:00 local time
Bid opening date:- May 22/2016EC 4:30 local time
Bid document
 The Federal Democratic Republic of Ethiopia

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 XIII
Part 2 Schedule of Requirement VI
Section 6. Schedule of Requirements VI
Part 3 Contract XVII
Section 7. General Conditions of Contract XVII
Section 8. Special Conditions of Contract VIII
Section 9. Form and Appendix to Bid VIII
Section 10. Contract Forms Error! Bookmark not defined.

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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

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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

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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.

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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//[Link].
3.2 In pursuit of the policy defined in Sub-Clause 3.1, the Public Body may terminate a contract for

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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

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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
(b) 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.
(c) 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

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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
B. Contents of Bidding Documents
7. Bidding Documents
7.1 The Bidding Documents consist of Parts 1, 2, and 3, which include all the Sections indicated
below, and should be read in conjunction with any Addenda issued in accordance with ITB
Clause 9.
Part 1 Bidding Procedures
 Section 1 Instructions to Bidders (ITB)
 Section 2 Bid Data Sheet (BDS)
 Section 3 Evaluation Methodology and Criteria
 Section 4 Bidding Forms
 Section 5 Eligible Countries
Part 2 Schedule of Requirements
 Section 6 Schedule of Requirements
Part 3 Contract
 Section 7 General Conditions of Contract (GCC)
 Section 8 Special Conditions of Contract (SCC)
 Section 9 Contract Forms
7.5 The Invitation to Bid is not part of the Bidding Document. In case of discrepancies between the
Invitation to Bid and the Bidding Documents listed in ITB Clause 6.1 above, said Bidding
Documents will take precedence.
7.6 The Public Body is not responsible for the incompleteness of the Bidding Documents and their
addenda, if they were not obtained directly from the Public Body. Bidders who did not obtain
the Bidding Documents directly from the Public Body will be rejected during evaluation.

7.7 The Bidder is expected to examine all instructions, forms, terms, and specifications in the
Bidding Documents. Failure to furnish all information or documentation required by the
Bidding Documents may result in the rejection of the Bid.

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8. Written Questions / Clarification of Bidding Documents

8.1 The Bidder requiring any clarification of the Bidding Documents shall contact the Public Body
in writing at the Public Body’s address indicated in the BDS. The Public Body will respond in
writing to any request for clarification, provided that such request is received no later than ten
(10) days prior to the deadline for submission of Bids. The Public Body shall forward copies of
its response to all Bidders who have received the Bidding Documents directly from it, including
a description of the inquiry but without reference to the identity of the prospective Bidder
initiating the request. Should the Public Body deem it necessary to amend the Bidding
Documents as a result of a clarification, it shall do so following the procedure under ITB Clause
9 and Sub-Clause 25.2.
8.2 Only the written responses will be considered official and carry weight in this procurement
process and subsequent evaluation. Any answers received outside the official channels, whether
received verbally or in writing, from employees or representatives of the Public Body, or any
other party, shall not be considered official responses to questions regarding this Bidding
Documents.
9. Modification to Bidding Documents
9.1 Where Public Body finds it necessary to introduce modification to the Bidding Documents on
its initiative or on the basis of request for clarification by Bidder, the Public Body may modify
the Bidding Documents at any time prior to the deadline for submission of Bids.
9.2 Any alteration to the content of the Bidding Documents shall at the same time be communicated
in the form of an amendment to all Bidders who received the Bidding Documents and will be
binding on them. Bidders are required to immediately acknowledge receipt of any such
amendment, and it will be assumed that the information contained in the amendment will have
been taken into account by the Bidder in its Bid.
9.3 The Public Body may, at its discretion, extend the closing date for submission of Bids where it
modifies a Bidding Documents as per Clause 9.1 above, if it is assumed that the time remaining
before the closing date is not sufficient for Bidders to prepare adjusted Bid Documents on the
basis of such modification.
10. Pre-Bid Conference and Site Visit
10.1 If the Public Body deems it to be appropriate, it may hold a Pre-Bid Conference for prospective
Bidders who received a Bidding Documents for clarification and discussion on the Bidding
Documents or modification thereto. The Public Body may also organize a site visit or visits
concurrently with the Pre-Bid Conference to allow Bidders to visit and examine the site or sites
and obtain for itself, at its own responsibility and risk, all information that may be necessary for
preparing the bid and entering into the Contract. The costs of visiting the site or sites shall be at
the Bidder’s own expense
10.2 The Public Body shall give written notice to all Bidders who received a Bidding Documents to
attend the Pre-Bid Conference and to gain access to the relevant site or sites. Notice will include
time, date, and address where Pre-Bid Conference and site visits will be organized.
10.3 The Public Body shall welcome all prospective Bidders to attend this Pre-Bid Conference and
site visits. To give all prospective Bidders the opportunity to participate in the pre-bid
conference, prospective Bidders are limited to sending two representatives to Pre-Bid
Conference and site visits. All the costs of attending this conference will be borne by the
prospective Bidders.
10.4 The Public Body invites all prospective Bidders to submit their questions / request for

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clarification by time and date and to the address indicated in the BDS Clauses 8.1 and 8.2.

10.5 The Pre-Bid Conference shall be minute. Copies of the minute shall be delivered to all
prospective Bidders who purchased the Bidding Documents to enable them prepare their Bid
documents by incorporating the content of clarification or modification.

C. Preparation of Bids
11. Cost of Bidding
11.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid and
contract negotiation, and the Public Body shall not be responsible or liable for those costs,
regardless of the conduct or outcome of the bidding process.
12. Language of Bid
12.1 The Bid, as well as all correspondence and documents relating to the Bid exchanged by the
Bidder and the Public Body, shall be written in the language specified in the BDS.
12.2 Bids and supporting documents of Bidders prepared in a language other than language of Bid
shall have to be translated by a legally competent interpreter into language of Bid and a copy of
the translation has to be submitted together with the original documents, especially where such
documents pertain to the fundamental elements of the Bid.
12.3 If the Public Body detects discrepancy between language of the original document and the
translated version, it shall reject the documents unless such discrepancy constitutes minor
deviation from the requirement stated in the Bidding Documents.
13. Bid Prices and Discounts
13.1 The Contract will be Unit Price (Admeasurements) contract or Lump Sum Contract, as
indicated in the BDS.
13.2 The prices and discounts quoted by the Bidder in the Bid Submission Sheet and in the
Schedules shall conform to the requirements specified below.
13.3 The Bidder shall submit a Bid for the whole of the works described in BDS Clause 1.2, by
filling in prices for all items of the Works, as identified in Section 4, Bidding Forms.
13.4 In case of Unit Price contracts, the Bidder shall fill in rates and prices for all items of the Works
described in the Bill of Quantities. Items against which no rate or price is entered by the Bidder
will not be paid for by the Public Body when executed and shall be deemed covered by the rates
for other items and prices in the Bill of Quantities.
13.5 The price to be quoted in the Bid Submission Sheet shall be the total price of the Bid, excluding
any conditional discounts offered.
13.6 The Bidder offering conditional discounts shall indicate the methodology for their application in
the Bid Submission Sheet.
13.7 If so indicated in ITB Clause 1, Bids are invited for individual contracts or for any combination
of contracts (packages). Bidders wishing to offer any price reduction for the award of more than
one Contract shall specify in their bid the price reductions applicable to each package, or
alternatively, to individual Contracts within the package. Price reductions or discounts shall be
submitted in accordance with ITB Clause 13.5, provided the Bids for all contracts are submitted
and opened at the same time.
13.8 Public Body shall allow adjustment of prices quoted by the Bidder in case current price
information is available from the Public Procurement and Property Administration Agency or

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the Central Statistical Agency.

13.9 Request for price adjustment may be filed after expiration of period specified in the BDS in
accordance with the GCC.
13.10 All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other
cause, as of the date 28 days prior to the deadline for submission of bids, shall be included in
the rates and prices and the total Bid price submitted by the Bidder.
13.11 Where a foreign Bidder plans to use local inputs to satisfy the required object of procurement
under the Contract the portion of the total Contract price representing such local cost shall be
expressed in ETB.
13.12 If so indicated in BDS Sub-Clause 1.4, bids are being invited for individual contracts (lots) or
for any combination of contracts (packages). Unless otherwise indicated in the BDS, prices
quoted shall correspond to 100 % of the items specified for each lot and to 100% of the
quantities specified for each item of a lot. Bidders wishing to offer any price reduction for the
award of more than one Contract shall specify in their bid the price reductions applicable to
each package or, alternatively, to individual Contracts within the package. Price reductions shall
be submitted in accordance with ITB Sub-Clause 12.4 and clearly indicated for each lot in such
a way that it can be announced during the public Bid opening session.
14. Currencies of Bid and Payment
14.1 For those inputs to the Works which the Bidder expects to provide from within Ethiopia, the
prices shall be quoted in the Ethiopian Birr, unless otherwise specified in the BDS.
14.2 For those inputs to the Works which the Bidder expects to provide from outside Ethiopia, the
prices shall be quoted in the freely convertible currency. If the Bidder wishes to be paid in a
combination of amounts in different currencies, it may quote its price accordingly but use no
more than three currencies different from Ethiopian Birr.
14.3 Bidders may be required by the Public Body to justify, to the Public Body’s satisfaction, their
local and foreign currency requirements, and to substantiate that the amounts included in the
prices shown in the appropriate form(s) of Section 4, Bidding Forms in which case a detailed
breakdown of the foreign currency requirements shall be provided by Bidders.
15. Professional Qualifications and Capability of the Bidder
15.1 If required, in order to proof their professional qualifications and capability Bidders must
provide their team skills matrix and personnel statistics for the period specified in the BDS by
completing relevant tables in the form entitled Bidders Certification of Compliance furnished in
Section 4, Bidding Forms.
15.2 For key individuals who actually will be performing the activities described in the Bidding
Document, Bidder must provide resumes that identify years of experience, relevant project
implementation experience, and relevant education and training.
15.3 Alternative professional staff shall not be proposed, and only one resume may be submitted for
each position.
15.4 Bidders must provide references for the proposed personnel, ensuring that references provided
will be available to be contacted during the evaluation timeframe for this Bidding Document.
15.5 It is desirable that the majority of the proposed professional staff is permanent employees of the
Bidder or has an extended and stable working relationship with the Bidder.

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16. Technical Qualifications, Competence, and Experience of the Bidder

16.1 The Bidder must present a description of its company and organization, with appropriate
reference to any parent company and subsidiaries. The Bidder shall also include details
demonstrating the Bidder’s experience and ability in providing the Works listed in Section 6,
Schedule of Requirements. Also, Bidder shall include a description of how it plans to manage
the Works included in this Bidding Documents in addition to its other ongoing projects.
16.2 This information shall be included in a separate form entitled Bidders Certification of
Compliance that is furnished in Section 4, Bidding Forms.
16.3 As a proof of satisfactory execution of contracts the Bidder must provide Certificates of
satisfactory execution of previous contracts and/or experience provided by the other contracting
party to the contracts concerned in number and within the period specified in the BDS for
similar sized/type contracts with a budget of at least that of this contract, unless otherwise
specified in the BDS, including contact information for verification and inspection so as to
provide due diligence. Contact information should include, at a minimum: name, function,
address, e-mail, and phone number. Each reference provided should be the client’s responsible
project administrator or a senior official of the client who is familiar with the Bidder’s
performance and with the Bidder’s system capabilities, and who may be contacted by the Public
Body during the evaluation process.
16.4 The Certificate of satisfactory execution of contracts shall include the following data:
(a) The name and place of establishment of the contracting parties,
(b) The subject-matter of the contract,
(c) The value of the contract
(d) The time and place of performance of the contract,
(e) A statement concerning the satisfactory execution of contracts.
16.5 If, for objective reasons, such a certificate cannot be obtained from a contracting party, a
statement issued by the Bidder concerning satisfactory execution of contracts may also be valid,
on presentation of proof that the certificate was requested.
16.6 If the Bidder(s) propose a consortium all of the information listed above must be provided for
all of the consortium members. This information shall be in separate sections, one section per
consortium member. In addition, the Bid shall provide the agreements that support the
relationships between consortium members.
16.7 Unless otherwise specified in the BDS, the Public Body reserves the right to undertake physical
checking of current Bidder's technical qualifications and competence in order to make sure that
the Bidder has adequate qualifications to manage this Contract.
17. Financial Standing of the Bidder
17.1 If required in BDS, in order to proof that it has adequate financial resources to manage this
Contract the bidder must present its financial data by completing relevant table in the form
entitled Bidders Certification of Compliance that is furnished in Section 4, Bidding Forms.
17.2 Along with the proof referred to in Clause 17.1 the documents that are required as proof of the
bidder's financial standing are the following:
(a) Financial statements certified by an independent auditor;
(b) Other documents as stated in the BDS.

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18. Joint Venture or Consortium

18.1 If Bidder is a joint venture or consortium of two or more entities, the Bid must be single with
the object of securing a single contract; authorized person must sign the Bid and will be jointly
and severally liable for the Bid and any contract. Those entities must designate one of their
members to act as the leader with authority to bind the joint venture or consortium. The
composition of the joint venture or consortium must not be altered without the prior consent in
writing of the Public Body.
18.2 The Bid may be signed by the representative of the joint venture or consortium only if he has
been expressly so authorized in writing by the members of the joint venture or consortium, and
the authorizing contract, notarial act or deed must be submitted to the Public Body. All
signatures to the authorizing instrument must be certified in accordance with the national laws
and regulations of each party comprising the joint venture or consortium together with the
powers of attorney establishing, in writing, that the signatories to the Bid are empowered to
enter into commitments on behalf of the members of the joint venture or consortium. Each
member of such joint venture or consortium must prove to the satisfaction of the Public Body
that they comply with the necessary legal, professional, technical and financial requirements
and have the wherewithal to carry out the contract effectively
19. Alternative Bids
19.1 Unless otherwise indicated in the BDS, alternative Bids shall not be considered.
19.2 If permitted in BDS, the Public Body may consider alternative technical solutions prior to the
notification of the successful Bidder provided that the Bidder:
(a) Has submitted Bid in accordance with the Bidding Document as issued; and
(b) Has submitted Bid based on alternative(s) to the Bidding Document as issued;
(c) Has included with the Bid a demonstration of the advantages of the alternative technical
solution over the initial solution, including a quantifiable justification of any economic
and/or technical advantages; and
(d) Has included with the Bid sufficient descriptive information for a complete evaluation of
the proposed alternative technical solution by the Public Body, including calculations,
technical specifications, breakdown of prices, proposed work methods and other relevant
details.
19.3 Only the technical alternative(s), if any, of the lowest evaluated Bidder conforming to the basic
technical requirements shall be considered by the Public Body.
19.4 In evaluating a Bid containing an alternative technical solution the Public Body may use any
evaluation/award criteria as indicated in the BDS and Section 3, Evaluation Methodology and
Criteria.
19.5 Alternative Bids not requested by the Public Body shall be rejected.
20. Period of Validity of Bids
20.1 Bids shall remain valid for the period specified in the BDS after the Bid submission deadline
prescribed by the Public Body. A Bid valid for a shorter period may be rejected by the Public
Body as non-responsive.

20.2 In exceptional circumstances, prior to expiry of the Bid validity period, the Public Body may
request Bidders to extend the period of validity of their Bids. The request and the responses
shall be made in writing.

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20.3 Bidders who are not willing to extend their Bid validity period for what ever reason shall be
disqualified from the bid without having forfeited their bid security.
20.4 Bidders agreeing to the Public Body’s request for extension of their Bid validity period have to
express in writing their agreement to such request. Bidders who agree to such extension shall
confirm that they maintain the availability of the Professional staff nominated in the Bid, or in
their confirmation of extension of validity of the Bid, Bidders could submit new staff in
replacement, who would be considered in the final evaluation for contract award. Similarly,
they have to amend the validity period of their bid security on the basis of the extension of the
Bid validity period they have agreed to, or alternatively, furnish new bid security to cover the
extended period.
20.5 A Bidder not agreeing to extend the validity period of his/its bid security shall be treated as a
Bidder refusing the Public Body’s request for extension of Bid validity period, and as such,
shall be disqualified from further bid proceeding.
21. Bid Security
21.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part of its Bid, a bid security
in original form and in the amount and currency specified in the BDS. . A copy of bid security,
if submitted without original form, shall not be accepted.

21.2 The bid security shall be, at the Bidder’s option, in any of the following forms:
(a) An unconditional Bank Guarantee;
(b) An irrevocable Letter of Credit;
(c) Cash, check certified by a reputable bank or financial institution, or payable order;
all from a reputable source from any eligible country. Securities issued by foreign banks or
financial institutions shall be counter-guaranteed by an Ethiopian bank. The bid security
shall be submitted either using the Bid Security Form included in Section 4, Bidding
Forms, or in another substantially similar format approved by the Public Body. In either
case, the form must include the complete name of the Bidder. The bid security shall be
valid for twenty-eight days (28) beyond the end of the validity period of the Bid. This shall
also apply if the period for Bid validity is extended.
21.3 The Bid Security of a Joint Venture shall be issued in the name of the Joint Venture submitting
the bid provided the Joint Venture has legally been constituted, or else it shall be issued in the
name of all partners proposed for the Joint Venture in the bid. Sanctions due to a breach of the
terms of a Bid Security pursuant to ITB Clause 21.7 will apply to all partners to the Joint
Venture.

21.4 Any Bid not accompanied by a substantially responsive bid security, if one is required in
accordance with ITB Sub-Clause 21.1, shall be rejected by the Public Body as non-responsive.

21.5 The bid security of unsuccessful Bidders shall be returned as promptly as possible upon the
successful Bidder’s furnishing of the performance security pursuant to ITB Clause 47.
21.6 The bid security of the successful Bidder shall be returned as promptly as possible once the
successful Bidder has signed the Contract and furnished the required performance security.

21.7 The bid security may be forfeited:

(a) If a Bidder withdraws its Bid during the period of bid validity specified by the Bidder on
the Bid Submission Sheet, except as provided in ITB Sub-Clause 20.2; or

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(b) If the successful Bidder fails to:

(i) Sign the Contract in accordance with ITB 46;
(ii) Furnish a performance security in accordance with ITB Clause 47; or
21.8 The bid security furnished by foreign Bidders from a bank outside of Ethiopia has to be
unconditional and counter guaranteed by local banks.
22. Documents Comprising the Bid
22.1 All Bids submitted must comply with the requirements in the Bidding Document and comprise
the following:
22.2 Mandatory documentary evidence establishing the Bidder's qualification is the following:
(a) Bid Submission Sheet (form furnished in Section 4, Bidding Forms) including the
following mandatory attachments:
(i) VAT registration certificate issued by the tax authority (only domestic Bidders in
case of contract value as specified in BDS Clause 4.5(b)(ii));
(ii) A valid tax clearance certificate issued by the tax authority (domestic Bidders
only);
(iii) Business organization registration certificate or trade license issued by the
country of establishment;
(iv) Relevant professional practice certificates, as appropriate.
(b) Bidder Certification of Compliance (form furnished in Section 4, Bidding Forms)
including the following mandatory attachments:
(i) 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 as stipulated in ITB Clause 23.2;
(ii) Documents required in the BDS Clause 17.2(b) as proof of the bidder's financial
standing;
(iii) Certificates of satisfactory execution of contracts provided by contracting parties
to the contracts successfully completed in the course of the period specified in the
BDS with a budget of at least that of this contract, unless otherwise specified in
the BDS Clause 16.3.
(c) Completed Bill of Quantities or Activity Schedules, in accordance with this Bidding
Documents;
(d) Technical Proposal including a statement of work methods, equipment, personnel,
schedule and any other information as stipulated in Section 4, Bidding Forms, in
sufficient detail to demonstrate the adequacy of the Bidders’ Technical Proposal to meet
the work requirements and the completion time including the following mandatory
attachments:
(i) CVs of the proposed personnel signed by the staff themselves or by the
authorized representative of the proposed staff;
(ii) Design Documents and Drawings (Form C of Section 6).
(e) Bid Security, in accordance with ITB Clause 21;
(f) Alternative bids, at Bidder’s option and if permissible, in accordance with ITB Clause 19;
(g) Domestic Bidders, individually or in joint ventures, applying for eligibility for a 7½-
percent margin of domestic preference shall supply all information required to satisfy the
criteria for eligibility as described in ITB 34.

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(h) In the case of a bid submitted by a joint venture (JV), the Form Data on Joint Ventures,
the Agreement governing the formation of joint venture, or letter of intent to form JV,
including a draft agreement, in accordance with ITB Clause 18.2, indicating at least the
parts of the Works to be executed by the respective partners; and
(i) Any other document or information required to be completed and submitted by Bidders,
as specified in the BDS.
23. Format and Signing of Bid
23.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB
Clause 22 and clearly mark it “ORIGINAL.” Alternative bids, if permitted in accordance with
ITB 19, shall be clearly marked ―ALTERNATIVE. In addition, the Bidder shall submit copies
of the bid, in the number specified in the BDS and clearly mark each of them “COPY.” In the
event of any discrepancy between the original and the copies, the original shall prevail. If
required in BDS, Bidders shall be required to submit bid documents in two envelopes
containing the technical and financial proposals separately.
23.2 The original and all copies of the bid shall be typed or written in indelible ink and shall be
signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall
consist of a 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 and it shall be attached to the bid. The name and position held by each
person signing the authorization must be typed or printed below the signature. All pages of the
bid, except for non-amended printed literature, shall be signed or initialed by the person signing
the bid
23.3 Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by
the person signing the bid.

D. Submission and Opening of Bids

24. Sealing and Marking of Bids
24.1 The Bidder shall enclose the original and each copy of the bid, including alternative bids, if
permitted in accordance with ITB Clause 19, in separate sealed envelopes, duly marking the
envelopes as “ORIGINAL” and “COPY.” These envelopes containing the original and the
copies shall then be enclosed in one single envelope.

24.2 The inner and outer envelopes shall:

(a) Be addressed to the Public Body in accordance with ITB Sub-Clause 25.1;
(b) Bear the subject of the procurement or the Project name, and procurement reference
number indicated in the BDS;
(c) Bear the words “Not to be opened before the time and date for bid opening”.
24.3 The outer envelopes shall also indicate the name and address of the Bidder to enable the bid to
be returned unopened in case it is declared “late” pursuant to ITB Clause 26.1.
24.4 If all envelopes are not sealed and marked as required, the Public Body shall assume no
responsibility for the misplacement or premature opening of the bid
25. Deadline for Submission of Bids
25.1 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.

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25.2 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.
26. Late Bids
26.1 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.
27. Withdrawal, Substitution, and Modification of Bids
27.1 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.
27.2 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.

27.3 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.
28. Bid Opening
28.1 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.

28.2 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.

28.3 All outer envelopes shall be opened one at a time, reading out: the name of the Bidder, the

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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.

28.4 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.
28.5 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

29. Confidentiality
29.1 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.

29.2 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.

29.3 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.
30. Clarification of Bids
30.1 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.
30.2 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.
31. Responsiveness of Bids
31.1 The Public Body’s determination of a Bid’s responsiveness is to be based on the contents of the
Bid itself.

31.2 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,

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(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
(b) If rectified would unfairly affect the competitive position of other Bidders presenting
substantially responsive Bid.
31.3 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.
31.4 Decisions to the effect that a bid is not substantially responsive t must be duly justified in the
evaluation minutes.
31.5 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.
32. Nonconformities and Omissions
32.1 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.

32.2 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.

32.3 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.
33. Dubious price quotations and errors in calculation
33.1 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.
33.2 The Public Body shall correct the detected errors in calculation and notify the Bidder in writing

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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.

33.3 If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors, its
Bid shall be disqualified.
34. Margin of Preference
34.1 Preference shall be granted to local construction companies.
34.2 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 %.
34.3 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.
34.4 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.
34.5 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.
35. Conversion to Single Currency
35.1 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.
36. Preliminary Examination of Bids
36.1 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.
36.2 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.

36.3 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

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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.
37. Legal, Professional, Technical, and Financial Admissibility of Bids
37.1 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.
37.2 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
Administration Agency from participating in public procurements for breach of its
obligation under previous contracts, in accordance with ITB Clause 4.3;
(f) Foreign Bidder has failed to submit business organization registration certificate or valid
trade license issued by the country of establishment in accordance with ITB Clause
4.5(c);
(g) Domestic Bidder has failed to submit VAT registration certificate issued by the tax
authority (in case of contract value specified in BDS Clause 4.5(b)(ii)), in accordance
with ITB Clause 4. 5(b)(ii).;
(h) Domestic Bidder has failed to submit a valid tax clearance certificate issued by the tax
authority in accordance with ITB Clause 4.5(b)(iii).
(i) In the case of a bid submitted by a joint venture (JV), the Bidder has failed to submit the
Form Data on Joint Ventures, the Agreement governing the formation of joint venture, or
letter of intent to form JV, including a draft agreement, in accordance with ITB Clause
4.1.
37.3 Professional admissibility
The Public Body may determine Bid as not responsive when:
(a) Bidder has failed to submit relevant professional practice certificates, if required in BDS
Clause 4.5(b)(iv);
(b) Bidder has failed to provide in the Bidder Certification of Compliance Form information
related to its professional qualification and capability for the period specified in the BDS

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Clause 15.1;
(c) Bidder has failed to demonstrate in its Technical Proposal that it will have the personnel
for the key positions that meet requirements stipulated in Section 3, Evaluation
Methodology and Criteria.
(d) Bidder has failed to provide CVs of the Professional staff signed by the staff themselves
or by the authorized representative of the Professional Staff.
37.4 Technical admissibility
The Public Body may determine Bid as not responsive when:
(a) Bidder has failed to provide in the Bidder Certification of Compliance Form information
about major relevant contracts successfully completed in the number and period specified
in Section 3, Evaluation Methodology and Criteria;
(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)
37.5 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.
38. Evaluation of Bids
38.1 The Public Body shall evaluate each Bid that has been determined, up to this stage of the

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evaluation, to be substantially responsive

38.2 The Public Body shall evaluate the Bids on the basis of their responsiveness to the Schedule of
Requirements, applying the evaluation criteria, sub-criteria, and point system specified in the
Section 3. No other criteria or methodology shall be permitted. Each responsive Bid will be
given a technical score. A Bid shall be rejected at this stage if it does not respond to important
aspects of the Bidding Documents and particularly the Schedule of Requirements or if it fails to
achieve the minimum technical score indicated in the Section 3.
38.3 To evaluate a bid, the Public Body shall consider the following:
(a) The Bid price, excluding Provisional Sums and the provision, if any, for contingencies in
the Summary Bill of Quantities for Unit Price contracts or Schedule of Prices for lump
sum contracts, but including day work items, where priced competitively;
(b) Price adjustment for correction of arithmetic errors in accordance with ITB Clause 33.1;
(c) Price adjustment due to discounts offered in accordance with ITB Clause 13.5;
(d) Converting the amount resulting from applying (a) to (c) above, if relevant, to a single
currency in accordance with ITB Clause 35;
(e) Adjustment for nonconformities in accordance with ITB 32;
(f) Application of all the evaluation factors indicated in Section 3, Evaluation Methodology
and Criteria;
(g) Adjustments due to the application of a margin of preference, in accordance with ITB
Clause 34.
38.4 The Public Body’s evaluation of a bid may require the consideration of other factors, in addition
to the Bid Price quoted in accordance with ITB Clause 13. The factors to be used, if any, and
the methodology of application shall be indicated in Section 3, Evaluation Methodology and
Criteria.
38.5 If these Bidding Documents allow Bidders to submit a Bid for different lots, and the award to a
single Bidder of multiple lots, the methodology of evaluation to determine the lowest evaluated
lot combinations, including any discounts offered in the Bid Submission Sheet, is specified in
the BDS and detailed in Section 3 Evaluation Methodology and Criteria.
38.6 If the Bid for an unit price contract, which results in the lowest Evaluated Bid Price, is seriously
unbalanced, front loaded or substantially below updated estimates in the opinion of the Public
Body, the Public Body may require the Bidder to produce detailed price analyses for any or all
items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the
construction methods and schedule proposed. After evaluation of the price analyses, taking into
consideration the schedule of estimated Contract payments, the Public Body may require that
the amount of the performance security be increased at the expense of the Bidder to a level
sufficient to protect the Public Body against financial loss in the event of default of the
successful Bidder under the Contract.
39. Comparison of Bids
39.1 The Public Body shall compare all substantially responsive Bids in accordance with ITB Clause
38.3 and methodology specified in Section 3, Evaluation Methodology and Criteria to
determine the lowest evaluated Bid.
40. Post-qualification Evaluation
40.1 After identifying the successful Bidder by evaluating the Bid documents against the criteria set
forth in this Bidding Documents the Public Body shall conduct post qualification evaluation to

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establish the current qualification of the successful Bidder where it feels that it has to be
ascertained.
40.2 Such post qualification evaluation of the successful Bidder may relate to submission of the
documentary evidence specified in ITB Clause 37, unless satisfactory documents are already
included in the Bid, concerning its current legal, professional, technical, and financial standing
and conformity to the requirements stated in this Bidding Documents.
40.3 If the successful bidder fails to provide this documentary proof within 15 calendar days
following the Public Body's request or if the successful bidder is found to have provided false
information its Bid shall be disqualified, in which event the Public Body shall proceed to the
next lowest evaluated Bid to make a similar determination of that Bidder’s capabilities to
perform satisfactorily.
41. Acceptance or Rejection of Bids
41.1 The Public Body reserves the right to accept or reject any bid, and to annul the bidding process
and reject all bids at any time prior to contract award, without thereby incurring any liability to
Bidders.
42. Re-advertising Bids
42.1 The Public Body may issue Invitation for Expression of Interest for a second time under the
following circumstances:
(a) Where the Invitation for Expression of Interest has been unsuccessful, namely where no
qualitatively or financially worthwhile Bids have been received.
(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
43. Award Criteria
43.1 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.
43.2 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.
43.3 If the Bidder is awarded more than one lot, a single contract may be concluded covering all
those lots.
44. Right to Vary Quantities at Time of Award
44.1 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

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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.
45. Announcing and Awarding of the Successful Bidder
45.1 Prior to expiry of the period of Bid validity, the Public Body shall notify in writing the result of
a Bid evaluation to all Bidders alike at the same time.
45.2 The letter of notification to be disclosed to the unsuccessful bidders on the technical evaluation
shall state the reason why they did not succeed in their Bid and the identity of the successful
Bidder
45.3 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.
45.4 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.
46. Signing of Contract
46.1 Promptly after notification of the proposed contract award the Public Body shall send the
successful Bidder the Contract.

46.2 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
46.3 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.
47. Performance Security
47.1 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.
47.2 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 Democratic Republic of Ethiopia.

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47.3 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.
47.4 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.
47.5 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.

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Section 2. Bid Data Sheet

Table of Contents

A. General 1
B. Contents of Bidding Documents 3
C. Preparation of Bids 3
D. Submission and Opening of Bids 6
E. Evaluation and Comparison of Bids 6
F. Award of Contract 6

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Instructions
to Bidders
(ITB)
Data relevant to ITB
reference

A. General
ITB 1.1 The Public Body is: Guna begemdr Woreda Finance Office
Registered Address:-Amhara National Regional State
Attention: South Gonder zone Guna Begemdr woreda
Finance Office.
Floor/Room number: 17
P.O. Box: N/A
Street Address: N/A

Town/City: Kimrdngay
Post Code: N/A
Country: Ethiopia
Telephone: 0582510226
Facsimile: N/A
E-mail address N/A

ITB 1.1 The Bidding Documents is issued under Procurement Method: National
competitive Bid /NCB/
ITB 1.2 and The Project name is: Construction works of Kirarem river small Bridge
24.2(b)
Project;
General description of Works that are subject of the procurement is:
As specified in the schedule of requirements.

ITB 1.4and The Procurement Reference Number is: ET-AMH FSRP-406122-CW-RFB

24.2(b)

ITB 1.4 The number and identification of Lots in this Bidding Documents is፡ Not
Applicable.

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Instructions
to Bidders
(ITB)
Data relevant to ITB
reference

ITB 4.1(a) The individuals or firms in a joint venture, consortium or association jointly and
severally liable.
The Joint Venture Agreement shall, as a minimum, show a joint and several liability
clause, the proposed administrative arrangements for the management and
execution of the project, the duties, responsibilities and share of each partner, the
authorized representative of the joint venture shall be included. Appropriate public
Notary shall authenticate the JV agreement.
If the JV Agreement has not been legally authenticated at the time of bidding; it
should include all information mentioned above in the names of all future partners
in the letter of intent.

ITB 4.5(b) For Domestic Bidders:

Its Certificate of registration from Ministry of Urban Development and
Construction or other appropriate regional bureaus with the relevant Categories as
specified in Section 3, of Evaluation Methodology and Criteria, renewed for
2016 EFY and other appropriate documentary evidences demonstrating the bidder’s
compliance, which shall include:-
I. Valid trading license renewed for 2016 E.C.
II. VAT registration certificate issued by the tax Authority
III. Tax clearance certificate which states its eligibility to participate in public
tenders and valid at least at the deadline for submission of bids.
IV. Relevant professional practice certificate renewed for 2016 E.C
V. Also Evidence of/Being/ Registered Supplier under Public Procurement
and Property Administration Agency (PPPAA).

ITB 4.7 A Bidder shall amend the evidence of its continued eligibility with the
following documents: Contractor’s registration certificate from Ministry
of Urban Development, Housing and Construction & trade license
renewed for the year 2016 EFY.

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B. Contents of Bidding Documents

ITB 8.1 and For questions and/or Clarification Purposes only, the Public Body’s address is:
10.4
Public Body: Guna Begemidir Woreda Finance Office
Attention:
South Gonder zone Guna worda Finance
Office

Floor/Room number: 17
P.O. Box: N/A
Street Address: N/A
Town/City: Kimrdngay
Post Code: N/A
Country: Ethiopia
Telephone: 0582510226
Facsimile: N/A
E-mail address N/A

ITB 8.1 and The deadline for submission of questions and/or clarifications is: no later than
10.4 ten (10) days prior to the deadline for submission of Bids.
Date: May 12 , 2016 E.C
Time: 11:30 local time
ITB 10.1 No pre bid meeting will be held

No site visit will be facilitated/ organized by the Employer (since site

visit is mandatory ,the bidder must visit the site where the project will
be built up on his own expense)

C. Preparation of Bids
Language of the Bid shall be: English and Amharic( Amharic -for translation
ITB 12.1
purpose)

ITB 13.1 The Contract is: Unit Price (Admeasurements) Contract

ITB 13.9 The Contract is Not-Subjected to price adjustment.

ITB 14.1 For all inputs to the Works that the Bidder prices shall be quoted is in Ethiopian
Birr.
ITB 14.2 Bidders shall quote entirely in the currency of the Employers Country.
The payment to bidders will be made 100% in Ethiopian Birr.

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ITB 15.1 Bidder must provide in the Bidder Certification of Compliance Form information
related to its professional qualification and capability for the current and the 10
years in order to proof its professional capacity.
ITB 16.3 Bidder shall provide at least Certificates of satisfactory execution of contracts
provided by the project owner to the contracts successfully completed in the
course of the past ten years.

The Public Body has the right to undertakes physical checking of current Bidder's
ITB 16.7
technical qualifications and competence.
As a proof of the bidder's financial standing the following documents need to be
ITB 17.2(b)
furnished:
Audited Financial statement by an independent auditor who are among those
certified/ authorized by the Mandated Public Body for the last Five years or for
the number of years of establishment of the firm if the firm establishment period is
less than five years.

Also the Audited Financial Statement submitted by the contractor will be cross
checked with the Audited Financial statement recorded in Revenue and
Costume Authority.

Note:
If the Contractor Audited Financial statement is not the same with the record
found in Revenue and Custom Authority; the bidder will be rejected and
appropriate measure will be taken.

ITB 18
A joint venture, consortium or association shall be allowed.
ITB 19.1 Alternative Bids Shall not be considered.
If alternative bids are permitted under BDS Clause 19.1 they must meet the
ITB 19.4
following criteria: Not applicable
ITB 20.1 The Bid validity period shall be: 90 days from the latest date for submission of
bids, extended, if applicable, in accordance with the provisions of sub-clause 20.2
of the Instructions to Bidders.

ITB 21.1 Bid shall include a Bid Security in the form of an Unconditional Bank
Guarantee or Certified cheque or Payable Order (CPO) using the form for Bid
Security included in Section IV or other form approved by the Employer prior to
bid submission.

The Bid Security shall be ETB Three Hundred Thousand (ETB 300,000) and it
should be valid for 120 days from the latest deadline for the submission of bids.
The Original Bid Security must be enclosed in the envelope containing the
qualification information and Bid security (Technical Proposal).
ITB 23.1 In addition to the Original of the Bid, the number of copies required is: One
copy.

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ITB 23.1 Bidders required to submit bid documents in one envelope containing the
Technical and Financial proposals separately.
 Technical proposal shall be consisted of mandatory documentary evidence as
per Section 3; Evaluation Methodology and Criteria of the bidding document
and forms provided. such as:-
1) Signed Qualification application submission form by the authorized person;
2) Power of attorney for signatory of the document;
3) Joint venture agreement or a letter of intent to form a joint venture if the bid
is submitted as JV( Applicable for this bid);
4) Copies of original documents defining the constitution or legal status, place
of registration and principal place of business;
5) Bid Security according to ITB 21
6) Annual turnover in the civil works construction business expressed as the
sum of payments certified for work performed in each of the last five years.
7) Source of liquid asset or cash flow
8) Performance as prime contractor, as member of a joint venture or
subcontractor, on works of a similar nature and complexity over the last ten
years, and details of other works in hand and present contractual
commitments.
9) Major items of Contractor’s Equipment proposed for carrying out the
Contract.
10) The qualifications and experience of key personnel proposed for
administration and execution of the Contract, both on and off site.
11) Reports on the financial standing of the bidder including profit and loss
statements, balance sheets and auditor’s reports for the last five years.
12) Information regarding any pending litigation or arbitration resulting from
contracts executed by the bidder or currently under execution. The
information shall include the names of the parties concerned, the disputed
amount, cause of litigation, and matter in dispute; and present status of the
dispute resolution.
13) Proposed work methods and program in sufficient detail to demonstrate the
adequacy of the bidder’s proposals to meet the technical specifications and
the completion time
14) Declaration of site visit and
15) Any other document or information required to be completed and submitted
with Technical Proposal.

Technical proposal submitted without Signed Qualification application

submission form by the authorized person will be rejected.
And
The Technical proposal document shall not contain any financial information
of the bid.

 Financial proposal shall be consisted of such as:-

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Bid submission form, Priced Bill of Quantities,

D. Submission and Opening of Bids
ITB 25.1 For Bid submission purposes only, the Public Body’s address is:

Public Body: Guna Begemdr Woreda Finance Office

Attention:
South Gonder zone Guna Begemidir woreda
Finance Office
Floor/Room number: 17
P.O. Box: N/A
Phone no: 0582510226
Town/City: Kimirdengay
Post Code: N/A
Country: Ethiopia
The deadline for Bid submission is:
Date: May 22, 2016 E.C
Time: 4:00 Local time

ITB 28.1 The Bid opening shall take place at:

Public Body: Guna Begemidir Woreda Finance Office

Floor/Room number: 17
Street Address: N/A

Town/City: Kimrdngay
Phone no: 0582510226
Country: Ethiopia
Date: May 22, 2016 E.C
Time: 4:30 Local Time
E. Evaluation and Comparison of Bids
ITB 33.2 Bidder has to confirm that he accepts the correction of the calculation error within
three (3) working days from the date on which the notice was received.

ITB 34.2 Margin of Preference: Not Applicable.

ITB 35.1 Bidders shall quote their bid offer in Ethiopian Birr only.

ITB 38.5 Multiple awards to one Bidder Not applicable.

F. Award of Contract
ITB 44.1 Right to Vary Quantities at Time of Award:-

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The percentage by which quantities may be increased is: +15%

The percentage by which quantities may be decreased is: -15%

ITB 47.1 Before signing of the contract the successful Bidder shall furnish a Performance
Security within ten (10) days of receipt of the letter of acceptance in the amount
and form stated in Section 8, Special condition of contract GCC 58.1

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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 3
3. Technical Qualifications, Competence, and Experience of the Bidder 5
4. Financial Standing of the Bidder 7
B. Evaluation of Bids 10
1. Determining the Successful Bid 10
2. Evaluation of the Technical Proposal 10
3. Evaluation and Comparison of Bid Price 13
4. Domestic Preference 14
5. Evaluation of Multiple Contracts 14
6. Completion Time 14
7. Technical Alternatives 14

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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.
A. Legal, Professional, Technical, and Financial Qualification Criteria
The following qualification criteria will be applied to Bidders:
CRITERIA
Bidder
Joint Venture, Consortium or
FACTOR Association Documentation
Requirement Single
All At Least Required
Entity
Partners Each Partner One
Combined Partner
1. Legal Qualification of the Bidder
Must meet
Nationality in accordance with ITB Clause 4.2. Must meet Must meet Bid Submission
1.1. Nationality requireme n/a
requirement requirement Sheet
nt
Must meet Bid Submission
1.2. Conflict of No conflict of interest as described in ITB Must meet Must meet Sheet or statement
requireme n/a of the bidder with
Interest Clause 6. requirement requirement
nt official stamp

Bid Submission
1.3. Registration in Evidence of being Registered as Supplier in Must meet
the FPPA's the list of the mandated public body, i.e. public Must meet requireme Must meet
n/a
Sheet or statement
requirement requirement of the bidder with
Suppliers List Procurement and Property Administration nt official stamp
Agency (FPPPAA).
Not having been debarred by decision of the
1.4. Debarred by Public Procurement Agency from participating Must meet Bid Submission
Must meet Must meet Sheet or statement
decision of the in public procurements for breach of its requireme n/a of the bidder with
requirement requirement
FPPA obligation under previous contracts in nt official stamp
accordance with ITB Clause 4.3.

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Having been submitted valid trade license or

business organization registration certificate
issued by the country of establishment in
accordance with ITB Clause 4.5

1.5. Valid trade

i) Certificate of Registration from
license or Bidder
business Ministry of Urban Development, Must meet Must meet Must meet certification of
organization Housing and Construction or other requirement requireme requirement
n/a
compliance 1. with
appropriate regional bureaus with nt
registration attachment
certificate relevant Category GC-6 and above or
RC-6 and above renewed for 2016
EFY.
ii) Trading License renewed for 2016
EFY;

1.6. VAT Must meet Bidder certification

Must meet Must meet
registration VAT registration certificate issued by the Tax requireme n/a of compliance 1.
requirement requirement with attachment
certificate Authority. nt

1.7. Valid tax Tax clearance certificate which states its Must meet Bidder certification
Must meet Must meet
clearance eligibility to participate in public tenders and requireme n/a of compliance 1.
requirement requirement with attachment
certificate valid at least at the deadline for submission of nt
bids.
Must meet Bidder certification
1.8. Government Must meet Must meet
Compliance with conditions of ITB Clause 4.4. requireme n/a of compliance 1.
Owned Entity requirement requirement with attachment
nt
Bidder must attach anti-bribery
Bidder
pledge form with its technical Must meet
1.9. Anti-Bribery Must meet Must meet Certification of
proposal, failure to attach it with the requireme n/a
pledge form requirement requirement Compliance with
technical document will result to the nt
attachments
Rejection of the bid.

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Bidder must attach power of attorney Bidder

for the person assigned to sign the Must meet Certification of
1.10. Power of Must meet Must meet
bid document with its technical requireme n/a Compliance A.2
attorney requirement requirement
document, failure to do so will result nt with
to rejection of the bid. attachments

Bidders should provide Copies of original documents defining the constitution or legal status, place of registration
and principal place of business; written power of attorney of the signatory of the bid to commit the bidder.
Note:
Also, bidder’s fails to provide valid documents mentioned under item 1.1 up to 1.9 above with its post qualification
document will be rejected from further evaluation.

2. Professional Qualifications and Capability of the Bidder

At least 5 staffs currently work for the Bidder
2.1. Number of before the bid submission date should be Must meet Must meet Bidder Certification
n/a n/a
staff attached. requirement requirement of Compliance

Educational certificate,
2.2. Personnel for Bidder must demonstrate that it will have the professional licenser &
must meet must meet renewed for 2016 E.C,
the key personnel for the key positions that meet the n/a n/a work experience
requirement requirement
positions following requirements:- justified by custom
and revenue for private

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& NGO, contract

Experience in agreement between the
Minimum company and experts,
Education Similar
No. Position No Experience CV of experts signed
(Minimum) Works
(in years) by the concerned
(in years) expert
1 Project Manager [Link]. Civil Engineering or 1 6 3
Technical
related fields Proposal Form
2 site Engineer [Link]. Civil Engineering or 1 5 3 PER 1 with
related fields attachments
3 Material Diploma or BSc. Civil 1 6/4 3/2
inspector/Engineer Engineering or related fields
4 Construction Forman Diploma or BSc. Civil 1 8/5 4/3
Engineering or related fields
5 Chief Surveyor Diploma in surveying 1 5 3

 The Bidder Must have Suitably qualified personnel fulfilling the minimum required to
fill the required positions, and should submit copies of educational
Testimonials and recommendation of work experience from previous employers and renewed
professional licenses evidence including recently signed CV by the professional and certified
by the bidder.
The proposed personnel must be assigned only for this specific project and the following
criteria shall be fulfilled, otherwise will not be considered.

us employers, for
current employer.

of Bridge construction projects in the

proposed position.

Note:
 For the proposed personnel for the key positions; bidders should attach their CVs
according to the form provided in Section 4, Bidding Forms together with their

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testimonies.

3. Technical Qualifications, Competence, and Experience of the Bidder

Two (2) years’ experience under construction

3.1. General contracts in the role of Contractor, Joint Must meet Must meet Bidder Certification of
n/a n/a
Experience Venture partner or sub-Contractor. requirement requirement Compliance (4.) with attachments

At least One (1) bridge project of similar nature Final payment certificate, Final
and complexity which is 80% successfully and acceptance , testimony letter from
substantially completed within the last 5 years employer, if the work is non-
3.2. Specific (2011-2015 E.C) as Contractor, Joint Venture Must meet Must meet government justification from
Not Not
Experience partner or Sub contractor with a value of at custom and revenue authority is
requirement requirement Applicable Applicable required
least ETB 3,000,000.00 (Ethiopian Birr:
Three Million). (Bridge construction Bidder Certification of
contracts are only considered for similarity), Compliance (4.) with attachments
Note:
 As a proof of Successful and substantial completion of contracts all Bidders must provide Certificates from the project
owner/Client. The bidder can also attach taking over certificate and Final acceptance certificates.

 Specific Experience obtained as a Prime Contractor with any project owner/Client, in addition to the Certificate of Specific
Experience (Certificate of substantial completion), the bidder should attach last payment receipts certified by the project owner.
 Specific Experience of a bidder obtained through Sub-Contracting; in addition to the Certificate of Specific Experience from the
Employer/Prime Contractor, the bidder should attach Sub-Contract Agreement, last payment receipts certified by the prime
Contractor.

 An experience which is not supported by the above requested documents will not be considered.

 For contracts under which the Bidder participated as a sub-contractor or a joint venture member, only the Bidder’s share by value
or experience shall be considered as specific experience.

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i) Non-performance of a contract did not occur

within the last two (2) years prior to the
deadline for Qualification submission, based
on all information on fully settled disputes
or litigation. A fully settled dispute or
litigation is one that has been resolved in
accordance with the Dispute Resolution Must meet
Mechanism under the respective contract, Must meet
requirement
3.3. History of non- and where all appeal instances available to requirement by
by itself or Bidder Certification of
performing the bidder have been exhausted. n/a itself or as n/a
as partner to Compliance (5.)
contracts partner to past
past or
or existing JV
In addition to the submitted information, the existing JV
Employer reserves the right to obtain any
records of non-performance of the Bidders
in the past 2 years from official records
within Ethiopia as a basis for qualification.

All pending litigation shall in total not Must meet Must meet
represent more than 30% of the Bidder’s net requirement
requirement by
3.4. Pending worth and shall be treated as resolved by itself or as Bidder Certification of
partner to n/a itself or as n/a
litigation against the Bidder. Compliance (5.)
past or partner to past
existing JV or existing JV
Technical Proposal 2.
3.5. Equipment for Equipment with attachments
The bidders should own, or have assured Must meet Must meet Not Not
the access to (through hire, lease, purchase
implementation agreement, or other means) list of the requirement requirement Applicable Applicable
of the contract following essential major equipment for the attach invoices; verifying Ownership
execution of the Contract:- documents (bolo and libre together)

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renewed for 2016E.C, or valid for

2016 Ethiopian year
No. Equipment Type and Capacity Min. Number Required b/ for rented equipment the trade
Excavator with jack hammer, jack license of the owner, libre and bolo
renewed for 2016 E.C should be
hammer is a must, owned or leased
attached.
1 equipment (1.5 m3) 1 (NB):There should be legal
2 Hand compactor 1 agreement between the rental
3 Dump Truck (14 M3) 1 company and the bidder to this
4 Dewatering pump 1 specific site.
5 Concrete vibrator 2
6 Pick Up 1
7 Concrete Mixer (350 Liters) 2
8 Surveying Equipment (total station One Set
Note: and level)

i) The Equipment listed here above are indicative and for evaluation purpose. Selected
bidder shall deploy sufficient equipment as required for proper execution of the
contract.
ii) Bidder should attach libery and other legal document for their proposed Equipment.

4. Financial Standing of the Bidder

Submission of audited balance sheets and other

financial statements as required in the BDS Audited financial report that shows
Clause 17, for the last Five (5) years to the firm is free from bankruptcy for
demonstrate the current soundness of the the last five years (2011-2015 E.C)
4.1. Historical
Bidder's financial position and its prospective Must meet Must meet which is certified by Custom and
Financial long term profitability. requiremen n/a n/a revenue authority for each year.
requirement Audit report should be done by
Performance t
certified external auditor, also attach
 “Annual financial statements shall be renewed trade license document of
prepared by certified auditors but not by an external auditor.
accountant or accounting firms. Financial
statements prepared by accounting firms

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will not be accepted.”

 “The audited financial statement prepared

by an independent certified Auditor shall be
cross checked with the record found with
the concerned Revenue and Custom
Authority.

Peak Annual turnover in construction Work of

minimum Birr 4,500,000.00 (Four Million five
hundred thousand Birr) (the minimum of the last Must meet
five years). The report should be done by Must meet Must meet the the min. of
4.2. Peak Annual
Construction certified external auditor and verified by the requiremen Must meet min. of 25 % 40 % of the Bidder Certification of
concerned Revenue and Custom Authority. A requirement of the requirement Compliance (2) with attachments
Turnover t
separate letter from the concerned revenue requirement (Lead
authority showing the peak annual turnover for partner)
the last 5 years should be attached, otherwise
the bid will be rejected
Cash flow requirement
The Bidder must demonstrate access to, or
availability of, financial resources such as
liquid assets, line of credit, unencumbered real
4.3. Financial assets, and other financial means, in the form Must meet Must meet Bidder Certification of
Not Not
Resources of unconditional credit facility or bank Compliance (2) with attachments
requirement requirement Applicable Applicable
overdraft facility form other than any
contractual advance payments to meet the
following cash-flow requirement of ETB
1,500,000.00 (ETB One Million five hundred
thousand )
Declaration: Environmental, Social,
5. Health, and Safety (ESHS) past
Environmental performance Must meet Must meet Must meet Must meet Documents
Impacts Code of conduct: Environmental, social,
health and safety plans should be prepared

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and submitted, it is a must that should be

planned based on world bank procurement
manual. This can be written in statements
procedurally by stating what are the social,
health and environmental problems connected
with Farm house construction and what are
the possible remedies to be done by the
contractor should be clearly defined. This plan
should be done procedurally for the project
duration (contract starting to completion date)
6. Adequacy of Technical Proposal
The work methodology must be
written procedurally (with the actual
The Bidder must demonstrate that he/she will construction procedures) within the
have technical capacity to mobilize key content of bridge works construction
equipment, material and personnel for the activities for the duration of 6
contract consistent with its proposal regarding months.
work methods, Master scheduling, and General work methodologies will not
material sourcing in sufficient detail. The Must meet Must meet Must meet Must meet be valid. Master (activity schedule)
method statement should be prepared for this requirement requirement requirement must be done by use of MS project
particular site condition by describing the software only. Critical activities
construction procedures and specification should be printed and attached, and
including with workman ships. You shouldn't resource allocation sheet should also
require to attaché other previously done be printed and attached.
general work methodology Material ,Labor, and equipment
required must be planned & attached
for the period of 6 months

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B. Evaluation of Bids
1. Determining the Successful Bid
According to the methodology defined in the Public Procurement Proclamation and
Directive the Public Body shall select the successful Bid by applying the following
method:
A. The Bid that is found to be substantially responsive to the professional,
technical, and financial qualification requirements, technically compliant in relation
to the technical specifications, and with the lowest price.
B. The Bid that is found to be substantially responsive to the professional,
technical, and financial qualification requirements, technically compliant in relation
to the technical specifications, and with the lowest evaluated bid The lowest
evaluated Bid shall be the bid offering better economic advantage ascertained on
the basis of factors affecting the economic value of the bid.
A. The Bid with the Lowest Price
1.1 The bids shall be examined to confirm that all documentary evidence establishing
the Bidders' qualifications requested in ITB Clause 22 have been provided.
1.2 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
Document.
1.3 The Public Body will then analyze the bids' technical conformity in relation to the
technical specifications, classifying them technically compliant or non-compliant.
1.4 The Public Body shall continue evaluation of Bids that have been determined to be
substantially responsive with rectification of nonconformities and omissions in
bids, if any.
1.5 The Public Body shall examine all Bids to ascertain whether there are any
arithmetic errors in computation and summation. The Public Body shall notify
Bidders on adjusted calculation errors and request bidders to confirm that they
accept the correction of the calculation error within the time limit of three days
from the receiving of the notification.
1.6 The Public Body shall award of the contract the Bidder whose Bid has been
determined to be substantially responsive to the Bidding Documents and with the
lowest price.
B. Determining the Lowest Evaluated Bid Offering the Best Economic Advantage
2. Evaluation of the Technical Proposal (Not Applicable for this project)
2.1 Provided all mandatory legal, professional, technical, and financial requirements
have been met all technically compliant Bids shall be evaluated and scored using
the two-stage bid evaluation and scoring method. In accordance with ITB Clause

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38.3(f), the Public Body's evaluation of the Bid will take into account, in addition
to the bid price, the following technical evaluation criteria in order of their
importance and their proportional weight in the total system of evaluation, as
specified below:
(a). The technical evaluation criteria and their weighting points that indicate their
level of importance are determined, as follows:

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Proportional
Priority Name of criteria
points in %
Adequacy of Technical Proposal in responding to
the Schedule of Requirements:
(a) Technical capacity to mobilize equipment and
personnel
1
(b) Technical approach and methodology
(c) Work plan and scheduling
(d) Organization and staffing
Total points for criterion (1): N/A
Specific experience of the Bidder relevant to the
2 Schedule of Requirements

Qualifications and competence of the key

professional staff engaged in the works:
(a) Team Leader
(b)
(c)
(d)
Total points for criterion (3): N/A
3 The number of points to be assigned to each of the
above positions or disciplines shall be determined
considering the following three sub-criteria and
relevant percentage weights:
(a) General qualifications 20-30%
(b) Adequacy for the assignment 50-60%
(c) Experience in region and language 10-20%
Total weight: 100% N/A

4
Total points for criterion (4):
Σ Total Points for the Four Criteria (1+2+3+4) N/A

(b). The Public Body will evaluate any technical evaluation criterion using the
following scoring scale:
SCORING DESCRIPTION
Exceeds the requirements of the criteria significantly and in
10 Excellent
beneficial ways/very desirable
Very Exceeds the requirements of the criteria in ways which are
9
Good beneficial to our needs
7-8 Good Fully meets the requirement of the criteria

Adequately meets most of the requirements of the criteria. May be

5-6 Average
lacking in some areas that are not critical.

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SCORING DESCRIPTION
Addresses all of the requirements of the criterion to the minimum
3-4 Poor
acceptable level.
Minimally addresses some, but not all, of the requirements of the
1-2 Very Poor
criteria or lacking in critical areas.
Unsatisfacto Does not satisfy the requirements of the criteria in any manner.
0
ry
2.2 Individual weighted scores for all technical evaluation criteria shall be weighted
according to the set proportional weighting factors. The weighted result shall be
calculated by multiplying the score by the proportional weighting point of the
individual criterion.
2.3 Bidders getting score less than percent in the technical evaluation shall be rejected.
3. Evaluation and Comparison of Bid Price (Not Applicable for this project)
3.1 In the financial evaluation, the highest point shall be given to the lowest priced Bid,
and conversely, the lowest point shall be given to the highest priced Bid; among
technically qualified Bids. The points given to other Bidders shall be determined
depending on their price offers.
3.2 From the total merit points to be given for proposals submitted by Bidders in a bid
for procurement of Works, the share of Technical Proposal shall be percent and the
remaining percent shall be the share of the Bid Price.
3.3 The formula for determining the financial score is the following:
 LFP 
FS =  100
 CFP 
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:
(a) 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.
(b) The Public Body shall apply the following formula for the normalization of
values of the technical evaluation results:
 CTP 
TSN =  100
 HTP 

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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 (Not Applicable for this project)

6. Alternative Completion Time (Not Applicable for this project)

7. Technical Alternatives (Not Applicable for this project)

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Section 4. Bidding Forms

Table of Contents
A.1 Qualification Submission Sheet 5
A.2 Power of Attorney 4
A.3 Declaration of Site Visit and Understanding of the works 5
B. Bidder Certification of Compliance 10
1. General Information About the Bidder 10
2. Financial Standing 11
3. Bidder's Organization 13
4. Technical Qualifications, Competence, and Experience in the Procurement Object 13
5. Historical Contract Non-Performance 14
6. Current Contract Commitments / Works in Progress 14
7. Professional Qualifications and Capabilities 15
8. Comments and Suggestions on the Schedule of Requirements 15
9. Quality Assurance / Managerial and Control Procedures 15
10. Further Information 15
11. Bidder's Audit Agency 15
12. Bank Account Number and Bank Address 15
C. Financial Offer -Unit Price Contract 16
1. Bill of Quantities 16
2. Detailed Breakdown of Prices 18
D. Financial Offer -Lump Sum Contract 23
1. Preamble 23
2. Financial Offer - Total Price 23
3. Financial Offer - Breakdown of the Lump-sum Price 24
4. Detailed Breakdown of Prices 26
E. Technical Proposal VI
1. Personnel VI
2. Equipment VI
3. Work Plan and Site Organization VII
4. Method Statement VII
5. Mobilization Schedule VIII
6. Construction Schedule VIII
7. Others IX
F. Curriculum Vitae for Proposed Personnel X
G. Form - Data on Joint Venture/Consortium XI
H. Bid Security XII

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A. Bid Submission Sheet

Place and Date
Procurement Reference Number:
To:

Ethiopia
SUBMITTED BY1:
Complete Legal Name and Address of the Seat of
Nationality2
the Bidder
Leader3
Member
Etc …

In response to your Bidding Documents for the above Procurement Number:, we, the
undersigned, hereby declare that:
(a) We have examined and accept in full the content of the Bidding Documents for the,
Procurement Number: We hereby accept its provisions in their entirety, without reservation
or restriction.
(b) We hereby declare that all the information and statements made in this Bid are true and
accept that any misinterpretation contained in it may lead to our disqualification.
(c) We, the undersigned, offer to execute in conformity with the Bidding Documents dated the
following Works :
(d) The total price of our Bid, excluding any discounts offered in item (e) below is: ;
(e) The discounts offered and the methodology for their application are:
Unconditional Discounts: If our bid is accepted, the following discounts shall apply. .
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 days from the date fixed for the Bid 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;

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.

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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 , 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
Administration Agency from participating in public procurements for breach of our
obligation under previous contract
(j) We are not insolvent, in receivership, bankrupt or being wound up, not have had our business
activities suspended and not be the subject of legal proceedings for any of the foregoing;
(k) We have fulfilled our obligations to pay taxes according to Ethiopian Tax laws
(l) We have read and understood the provisions on fraud and corruption in GCC Clause 5 and
confirm and assure to the Public Body that we will not engage ourselves into these evil
practices during the procurement process and the execution of any resulting contract;
(m) We have not committed an act of embezzlement, fraud or connivance with other Bidders.
(n) We have not given or have been offered to give inducement or bribe to an official or
procurement staff of the to influence the result of the Bid in our favor.
(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 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 ];
(s) We will inform the 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
In the capacity of .
Signed
Duly authorized to sign the Bid for and on behalf of .
Dated on [insert day] day of ], 20Attachments:
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 ;
4. Business organization registration certificate or trade license issued by the country of
establishment ;

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5. Relevant professional practice certificates.

6. Bid Security; and
7. Other documents requested by the Public Body

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A.2 Power of Attorney

Principal ------------------------------- [Full name & position]

Address _______________________
(Hereinafter named as “the principal”)

Agent [1] -------------------------------- [Full name & position]

Address ________________
(Hereinafter named as “the Agent”)
Specimen of signature / initial ___________

1. I, the undersigned principal, in my capacity as a ________________(2) of [Name of the

Company] by the power conferred to me in the ________________(3) hereby delegate fully
and without any restriction whatsoever to the Agent whose full details appeared above, to
sign on the bid/ proposal to be submitted to the --------------- in relation to [Name of the
project] in my name and on behalf of [Name of the company].

2. The Agent may not delegate this authority to any third person without prior consent of the
principal which should be in writing and be communicated to the employer.

3. This power of Attorney is made pursuant to Article 2199 of the Ethiopian Civil Code and
shall be effective as of [date of signature].

Name & title of the Principal

[Signature & Stamp]

_______________________
[1]
If the Agent is the General Manager (GM) or Managing Director (MD) of the company and if
there is no person of higher authority other than him/her, then attach the Memorandum of
Association/Article of Association of the company/ business license to your application which
empowers the person to sign on the application for qualification + bid.
[2]
General Manager/Chairman of Board of Directors/ etc. who is empowered to give such
delegation.
[3]
Article(s)-of the Memorandum of Association/Article(s)-of the Association/Minutes of Board
of Directors Meeting dated __________ reference No________/etc. (should be attached with this
Power of Attorney)

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A.3 Declaration of Site Visit and Understanding of the Works

(a) The bid document (The Contract) for the __________________ Project has been collected
from the office __________________ (The Employer) and ________________ (The
Contractor) has inspected the site.

(b) The undersigned has visited and accepted the project nature to my satisfaction.

NOW THEREFORE, the undersigned hereby declare as follows:

I accept the scope of work and agree to execute the project having satisfied myself from the site
visit and to be bound by the terms of the contract.

Name__________________________
Date___________________________
Signature_______________________
In the capacity of_________________

Witness

Name __________________________
Date___________________________
Signature________________________
In the capacity of_________________

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B. Bidder Certification of Compliance4

Place and Date
Procurement Reference Number: ---------------
To:

Kimrdngay
Ethiopia
1. General Information About the Bidder

Bidder’s Legal Name:

In case of Joint Venture,

legal name of each party:

Place of Registration:

Legal Address in Country of

Registration:
Name:
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.

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.
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 ;
4. Business organization registration certificate or trade license issued by the country of
establishment ;
5. Relevant professional practice certificates.
6. Evidence of Registration from FPPPAA supplier list
7. Bid Security; and
8. Other documents requested by the Public Body.

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1.2 General Information About each JV party/Sub-contractor Procurement Ref .No: ______

Bidder’s Legal Name:

JV’s party/Sub-contractors Legal Name:

JV’s party/Sub-contractors Country of

Registration:

JV’s party/Sub-contractors Legal Address

in Country of Registration:
Name:
Position:
JV’s party 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
Form Data on Joint Ventures
Attached copies of original 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.
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.
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;
4. Business organization registration certificate or trade license issued by the country of establishment;
5. Relevant professional practice certificates.
6. Evidence of Registration from FPPPAA supplier list
Name and Statement of Similar
Item Percentage (%) of
Elements of Work Address of Sub- works Previously
[Link] Subcontracting
Contractor Executed

Note: The bidder shall enter in this section a list of sections and Percentage (%) of the work for which
he proposed to use sub-contract together with the name and addresses of the proposed sub-contractor.
The bidder shall also enter a statement of similar works previously executed by the proposed sub-
contractor including location, value of work, year completed, name and address of the Employer and
testimony. Notwithstanding such information the bidder, if awarded the contract, shall remain entirely
and solely responsible for the satisfactory completion of the works.
Date: _____________________ Signature of Bidder: ________________________

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2. Financial Standing
Has adequate financial resources to manage this Contract as established by our audited financial
statements, audited by an independent auditor, submitted in this Bid. The following table contains
our financial data. These data are based on our annual audited accounts. Figures in all columns
have been provided on the same basis to allow a direct, year-on-year comparison to be made.
Historic Information for Previous Years
in
FINANCIAL DATA Year 2 Year 1 Last Year Current Year Average
A. Information from Balance Sheet
[Link] Assets
2. Total Liabilities
I. Net Value (1-2)
3. Current Assets
4. Short-term debts
II. Working Capital (3-4)
B. Information from Income Statement
1. Total Revenue
2. Pre-tax Profits
3. Profit/Losses

Along with financial data we provided above we have attached the following documents as proof
of our financial standing, as required in the BDS:
(a)
(b)
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
2015
2014
2013
2012
2011
Average Annual
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.

Financial Resources
No. Source of Financing Amount

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3. Bidder's Organization
4. Technical Qualifications, Competence, and Experience in the Procurement
Object
As proof of the 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 major relevant contracts
successfully completed in the course of the past years with a budget of at least that of this Bid.
General Experience
Prime
Name of Period Percentage Contractor Final acceptance
Value of Client and
project/kind of of Works (P) or issued?
Works Place
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:
Specific Experience
Prime
Name of Period Percentage Contractor Final acceptance
Value of Client and
project/kind of of Works (P) or issued?
Works Place
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

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5. Historical Contract Non-Performance

Non-Performing Contracts in accordance with Section 3, Evaluation and Qualification Criteria

Contract non-performance did not occur during the stipulated period, in accordance with Sub-Factor
3.3 of Section 3, Evaluation and Qualification Criteria.
Contract non-performance during the stipulated period, in accordance with Sub-Factor 3.3 of Section
3, Evaluation and Qualification Criteria.
Outcome as Total Contract
Year Percent of Contract Identification Amount (current
Total Assets value)
Contract Identification:
Name of Client:
Address of Client:
Matter in dispute:
Pending Litigation, in accordance with Section 3, Evaluation and Qualification Criteria

No pending litigation in accordance with Sub-Factor 3.4 of Section 3, Evaluation and Qualification
Criteria
Pending litigation in accordance with Sub-Factor 3.4 of Section 3, Evaluation and Qualification
Criteria, as indicated below
Outcome as Total Contract
Year Percent of Contract Identification Amount (current
Total Assets value)
Contract Identification:
Name of Client:
Address of Client:
Matter in dispute:
Contract Identification:
Name of Client:
Address of Client:
Matter in dispute:

6. Current Contract Commitments / Works in Progress

Value of Estimated Average Monthly

Client's Contact
No. Name of Contract outstanding Completion Invoicing over Last
Details
work Date Six Months

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7. Professional Qualifications and Capabilities

In order to proof our professional qualifications and capability the following table contains
personnel statistics for the current and the two previous years.
Year before last Last year This year
Average Specialists in Specialists in Specialists in
manpower Overall Technical Overall Technical Overall Technical
Area Area Area
Permanent
Temporary
TOTAL

8. Comments and Suggestions on the Schedule of Requirements

9. Quality Assurance / Managerial and Control Procedures
10. Further Information
11. Bidder's Audit Agency
12. Bank Account Number and Bank Address
The bank account into which payment should be made and bank address are the following:
Name
In the capacity of .
Signed
Duly authorized to sign the Bid for and on behalf of .
Dated on [insert day] day of ], 20Attachments:
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.

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c. Financial Offer -Unit Price Contract

1. Bill of Quantities
Place and Date
Procurement Reference No.: -----------------
Alternative No.:
To:

Kimerdngay
Ethiopia
Bill Specification
Description of Works Unit Quantity Price in Amount in
No. Reference
1

Sub-Total Bill No. 1

2

Sub-Total Bill No. 2

3

Sub-Total Bill No. 3

4

Sub-Total Bill No. 4

Summary
1 Bill No. 1
2 Bill No. 2
3 Bill No. 3
4 Bill 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

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Bill 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 Day work 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],

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2. Detailed Breakdown of Prices

A. Breakdown of the basic prices for labor (converted into currency indicated in SCC)

Social Security Hourly Total

No. Qualification Monthly Pay(1) Hourly Pay(2) Overtime(3) Travel Time(5)
Contributions(4) (4+5+6+7)
1 2 3 4 5 6 7 8
A1
A2
A3
A4
A5
A6
A7
A8

The above list is given by way of example and is not exhaustive.

(1) Salary if the employee is paid monthly.
(2) Hourly pay if the employee is paid hourly, otherwise monthly salary divided by the legal working hours (hours/month).
(3) Average cost of overtime, i.e. hourly pay times the overtime coefficient.
Average coefficient to be applied to the salary to take account of overtime (= total gross salary/gross salary without overtime).
(4) Percentage of the social security contributions (including social welfare, leave, etc.) times the gross salary (this percentage may vary
according to the category of employee).
(5) Average monthly or daily travel time divided by the number of daily or monthly legal working hours.
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 Breakdown of basic supply prices for materials and
consumables (converted into currency indicated in SCC).

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Unit Price Transport to Tax, Duties and Losses 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.
(1) Geographical location of the Contractor or quarry.
(2) Supply or cost price at the quarry or on delivery in the country.
(3) Cost price of transport from the quarry or delivery to the Site.
(4) To be borne by the Contractor.
(5) Any losses or breakages to be determined by the Bidder.
(6) Basic prices for supply of materials: = 5+6+7+9
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

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C. Breakdown of basic hourly prices for equipment (converted into currency indicated in SCC)
Spare Average
Replacem RV + No. Days Dep. / Lubricant Labor
Purchase Duties, Fuel Cost Parts Total Daily Total /
No. Description Value Taxes(3) Useful Day(5) Cost / Cost /
Date (1) Taxes(2) / Day(6) Cost / /Day(10) Working Hour(12)
(RV) (4+5) Life(4) (6 / 7) 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
(11) Hours of operations (average)
(12) Hourly operational price of piece of equipment = 11 / 10
Name:
In the capacity of
Signed:
Duly authorized to sign the Bill of Quantities for and on behalf of .

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Dated on [insert day] day of ], 20Breakdown 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 of or 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

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E. Detailed Breakdown of Site Costs (converted into currency indicated in SCC)

Total net Cost
No. Means Deployed Number Basic Price
(3+4)
2 3 4 5
A Labor
A1
A2
A3
A4
Subtotal Labor:
B Materials
B1
B2
B3
B4
Subtotal Materials:
C Equipment
C1
C2
C3
C4
Subtotal Equipment:
D Other
D1
D2
Subtotal Other:
GENERAL TOTAL:

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

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D. Financial Offer -Lump Sum Contract (Not Applicable)

2. Preamble
The Breakdown of the Lump-sum Price is the itemized list which contains the basic costs, net
costs and mark-ups, from which each price on the Breakdown of the Lump-sum Price and on the
Day work Schedule results. This Breakdown of the Lump-sum Price for which the Contractor has
submitted his all-in price shall be paid for irrespective of the quantities of work actually carried
out.
The amounts due shall be determined: [e.g.: through the measurement of the percentage of works
carried out in relation to the firm quantities of each item of the Breakdown of the Lump-sum
Price and by applying that percentage to the lump-sum price of the related item]
Provisional sums for use when works are to be executed on a daywork basis can only be executed
by administrative order of the Engineer in accordance with the terms of the contract.
The item description given in the Breakdown of the Lump-sum Price in no way limits the
Contractor's obligations under the Contract to provide all the works described elsewhere.
The prices of the Breakdown of the Lump-sum Price include all incidental and contingent
expenses and risks of every kind necessary to construct, complete and maintain the whole of the
works in accordance with the contract. Unless separate items are provided in the Breakdown of
the Lump-sum Price, prices include all costs involved in the various items of the Breakdown.
3. Financial Offer - Total Price
Price Item Amount

Total of Lump-sum Price

Total of Day works - Provisional sum

TOTAL PRICE:

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4. Financial Offer - Breakdown of the Lump-sum Price

Place and Date
Procurement Reference No.:
Alternative No.:
To:

Kimerdngay
Ethiopia

Specification
Item Description of Works Unit Quantity Price in Amount in
Reference
1

Sub-Total Item No. 1

2

Sub-Total Item No. 2

3

Sub-Total Item No. 3

4

Sub-Total Item No. 4

Summary
1 Item No. 1
2 Item No. 2
3 Item No. 3
4 Item No. 4
Day work (provisional
5
allowance)
I Summary Total (1+2+3+4+5)
II Add Contingencies
III Summary Total
IV Taxes
V GRAND TOTAL

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Specification
Item Description of Works Unit Quantity Price in Amount in
Reference
DAYWORK SCHEDULE
L Labor
L01 day
L02 day
L03 day
L04 day
L05 day
Total Day work 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

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5. Detailed Breakdown of Prices

A. Breakdown of the basic prices for labor (converted into currency indicated in SCC)

Social Security Hourly Total

No. Qualification Monthly Pay(1) Hourly Pay(2) Overtime(3) Travel Time(5)
Contributions(4) (4+5+6+7)
1 2 3 4 5 6 7 8
A1
A2
A3
A4
A5
A6
A7
A8

The above list is given by way of example and is not exhaustive.

(i) Salary if the employee is paid monthly.
(ii) Hourly pay if the employee is paid hourly, otherwise monthly salary divided by the legal working hours (hours/month).
(iii) Average cost of overtime, i.e. hourly pay times the overtime coefficient.
(iv) Average coefficient to be applied to the salary to take account of overtime (= total gross salary/gross salary without overtime).
(v) Percentage of the social security contributions (including social welfare, leave, etc.) times the gross salary (this percentage may
vary according to the category of employee).
(vi) Average monthly or daily travel time divided by the number of daily or monthly legal working hours.
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 Breakdown of basic supply prices for materials and
consumables (converted into currency indicated in SCC)

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Unit Price Transport to Tax, Duties and Losses 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:
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

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Breakdown of basic hourly prices for equipment (converted into currency indicated in SCC)
Spare Average
Replacem RV + No. Days Dep. / Lubricant Labor
Purchase Duties, (3) Fuel Cost Parts Total Daily Total /
No. Description Value (2) Taxes Useful Day(5) Cost / Cost /
Date (1) Taxes / Day(6) Cost / /Day(10) Working Hour(12)
(RV) (4+5) Life(4) (6 / 7) 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
(11) Hours of operations (average)
(12) Hourly operational price of piece of equipment = 11 / 10
Name:
In the capacity of
Signed:
Duly authorized to sign the Bill of Quantities for and on behalf of.

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Dated on [insert day] day of], 20 Breakdown of unit prices in the price schedule (converted into
currency indicated in SCC)

No. of the unit price: Output per day:

Quantities foreseen:
Quantity Equipment Labor
TOTALS
Components of or time Fuel / Total
Unit Depreciation Maintenance Total Currency/Day
the Price 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

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D. Detailed Breakdown of Site Costs (converted into currency indicated in SCC)

Total net Cost
No. Means Deployed Number Basic Price
(3+4)
2 3 4 5
A Labor
A1
A2
A3
A4
Subtotal Labor:
B Materials
B1
B2
B3
B4
Subtotal Materials:
C Equipment
C1
C2
C3
C4
Subtotal Equipment:
D Other
D1
D2
Subtotal Other:
GENERAL TOTAL:

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

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E. Technical Proposal
Place and Date
Procurement Reference No.: -----------------
Alternative No.:
To:

Kimerdngay
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
Title of Position:
Nationality:
Resume Page
Qualification Knowledge Level Comments
Reference

Years of experience (with the Resume Page

Knowledge Level Comments
company/in works) Reference

Additional Knowledge and Resume Page

Knowledge Level Comments
Experience Reference

Experience indicated in the matrix is backed up in the individual’s resume.

We have used the following ratings in order to accurately reflect the skill ratings of our team:
Has exposure to education in the subject area but has not used this skill set in
U Understanding
practice.
W Working Has limited working experience using this skill set.
Has hands-on experience using this skill set to implement between 2 to 5
P Proficient
projects of various scope/complexity.
Has hands-on experience using this skill set in a key role to implement more
X Expert
than 5 projects of various scope/complexity.

2. Equipment
DESCRIPTION Power/ No of Age Source of equipment Current
No.
(type/make/model) capacity units (years) Location
A. Construction Plant

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DESCRIPTION Power/ No of Age Source of equipment Current

No.
(type/make/model) capacity units (years) Location
Owned Rented Leased
Owned Rented Leased
Owned Rented Leased
Owned Rented Leased
B. Vehicles and Trucks
Owned Rented Leased
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
Name of owner:
Address of owner:
Owner Telephone: Contact name and title:

Fax: Email address:

Details of rental / lease / manufacture agreements:

Agreements

3. Work Plan and Site Organization

4. Method Statement
The Bidder shall submit a narrative outlining his intended methods for undertaking the Works.
This narrative should include, but not be limited to, details of the following:

i) The methods to be used in procuring the necessary resources, their transportation to the
Site and their installation;

ii) Methods to be employed in constructing the Works, including specific details of the
Contractor’s and Engineer’s establishments, earthworks, the production and construction
of: gravel sub-base, crushed aggregate base, asphalt surfacing and concrete, concrete
structures and clearance of the Site after completion of construction;

iii) The methods to be employed in meeting the Contractor’s obligations for providing for the
safety of public traffic during construction operations;

vi) Proposals for sources of construction materials, including bitumen, and detailed proposals

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for the sourcing, mining and processing of naturally occurring materials (e.g. borrows and
quarries);
v) Measures envisaged to avoid or to minimize negative consequences and environmental
pollution resulting from the execution of the Contract, the avoidance of pollution, the
disposal of all wastes, spilled bituminous materials or any other noxious substances, arising
from the Contract.

5. Mobilization Schedule

6. Construction Schedule

The Contractor is required to complete the Works within the date specified above. The Bidder
shall provide a construction schedule, showing the sequence of all major work items, and
identifying any critical path operations. The schedule shall show the resources associated with
each construction operation and, in particular, shall show a histogram of the requirement for all
major items of Contractor’s Equipment taking in to account the effect of rainy season.

Experience in similar
Work intended to be Name and details of % of subcontract out
work (details to be
subcontracted sub-contractors of the total project
specified)

7. Proposed Site Facility

The Tenderer shall provide a detailed description of his construction camp, staff housing
arrangements and other facilities, including all electrical power and water supply and distribution
system, sewerage and other waste disposal system and all other things necessary for servicing the
Contractor’s camps.

The Tenderer shall explain its plans for providing them

1. Site selection and preparation

2. Provision of services.
A) Power (expected power loads and sources)
B) Water supplies (predicted usage, sources ,treatment and distribution)
C) Waste disposal (sewage collection, treatment and disposal, office and house-hold waste
collection and disposal and the disposal of work-shop wastes and potentially harmful
constriction wastes. )
D) Communication (telephone, facsimile, UHF/VHF radio etc.)
3. Construction of Facilities.

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a) Contractor’s offices, workshops, equipment yards, storage facilities etc. (general

layouts, areas to be occupied, types of construction proposed, famishing, fittings and
equipment etc.)
b) Hosing and other staff facilities, (general layouts, areas to be occupied, types of
construction, furnishings, fittings and equipment etc.)
4. Construction Equipment
a) Details of equipment required for preparation of camps and facilities.

5. Other Items proposed

a) Commissariats, security and recreational facilities ect.

_____________________ ___________________________
Date Signature of Bidder

8. Source of construction Material

Tenderers are advised to visit the site and be acquainted with the site conditions particularly
with respect to sources of stone, brick, sand, embankment materials, bitumen and other
materials. The following information should be furnished by the Tenderer.

_____________________ ___________________________
Date Signature of Bidder

9. Others
Name
In the capacity of .
Signed
Duly authorized to sign the Bid for and on behalf of .
Dated on [insert day] day of ], 20Attachments:
1. CVs of the proposed personnel signed by the staff themselves or by the authorized
representative of the proposed staff;
2. Design Documents and Drawings (Form C of Section 6).

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F. Curriculum Vitae for Proposed Personnel

1. Proposed Position:
2. Name of Firm:

3. Name of Staff:
4. Date of Birth: Nationality:
5. Education:

6. Membership of Professional Associations:

7. Other Training:

8. Countries of Work Experience:

9. Languages:
10. Employment Record:
From: _______ To:
Employer:
Positions held:
11. Detailed Tasks Assigned: 12. Work Undertaken that Best Illustrates Capability to
Handle the Tasks Assigned:
Name of assignment or project:
Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:

13. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience. I understand that any willful
misstatement described herein may lead to my disqualification or dismissal, if engaged.
___________________________________________ Date:

Full name of authorized representative: ___________________________

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G. Form - Data on Joint Venture/Consortium

Date:
Procurement Reference Number: --------------
Alternative No:
Name of Joint
1.
Venture/Consortium
Managing Board's Address
P.O. Box:
Street Address:
Town/City:
2. Post Code:
Country:
Telephone:
Facsimile:
E-mail address
Agency in the Federal Democratic Republic of Ethiopia, if any (in the case of a joint
venture/consortium with a foreign lead member)
P.O. Box:
Street Address:
3. Town/City:
Post Code:
Telephone:
Facsimile:
E-mail address
Names of Members
Member 1
4.
Member 2
Etc.
5. Name of Lead member
Agreement governing the formation of the joint venture/consortium
6. Date of signature
Place
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 on [insert day] day of], 20

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H. Form of Bid Security (Bank Guarantee)

Date:___________
Procurement Reference Number:
To: ___________________________________________________________________________
Whereas (hereinafter “the Bidder”) has submitted its Bid dated [ ______ ] for the Construction
of ____________________, hereinafter called “the Bid.”

KNOW ALL PEOPLE by these presents that WE ___________________,of having our

registered office at __________ [full address] (hereinafter “the Bank”), are bound unto ------------
------------- [Link] -------------------,kimiredengay, Ethiopia (hereinafter “the Public Body”) in
the sum of (specify the amount and currency in words and in figures), for which payment
well and truly to be made to the aforementioned Public Body, the Bank binds itself, its successors
and assignees by these presents.
Sealed with the Common Seal of this Guarantor this [ ______ ] day of ,________, 20_______ .
THE CONDITIONS of this obligation are the following:
1. If the Bidder withdraws its Bid during the period of Bid validity specified by the Bidder
in the Qualification Submission Sheet, except as provided in ITB Sub-Clause 20.2; or
2. If the Bidder, having been notified of the acceptance of its Bid by the Public Body,
during the period of Bid validity, fails or refuses to:
(a) Execute the Form of Agreement; or
(b) Furnish the Performance Security, in accordance with the ITB Clause 47 and
Special condition of contract GCC 58.1; or
(c) Accept the Arithmetic correction of error in his bid”
We undertake to pay the Public Body up to the above amount upon receipt of its first written
demand, without the Public Body having to substantiate its demand, provided that in its demand
the Public Body states that the amount claimed by it is due to it, owing to the occurrence of one
or more of the above conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including twenty-eight (28) days after the date of
expiration of the Bid validity (118 days after bid submission), as stated in the Instruction to
Bidders or as it may be extended by the Public Body, notice of which extension(s) to the Bank is
hereby waived. Any demand in respect thereof this Guarantee should be received by the Bank no
later than the above date.

DATE on ____________________ day of, _________, ____________

SIGNATURE OF THE BANK ________________________
WITNESS 1 _________________ SEAL ____________

(Signature, Name, and Address)

WITNESS 2 _________________ SEAL ____________

(Signature, Name, and Address)

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Section 5. Eligible Countries

A. Eligible Countries

Procurement Reference Number: ----------------

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.

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 Part 2: Schedule of Requirements Section 6: Schedule of Requirements

Part 2 Schedule of Requirement

Section 6. Schedule of Requirements

Table of Contents

A. Scope of Works VII

B. Technical Specification VIII
C. Design Documents and Drawings XI
D. Bill of Quantities or Activity Schedule XII

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A. Scope of Works

SECTION 100 GENERAL

DIVISION 102 GENERAL REQUIREMENTS AND PROVISIONS

102.1 SCOPE

Scope of the work:- The scope of the works includes the construction of bridge
construction project in Guna Begemidir Woreda.

The time for completion of the projects is 6 month.

Moreover, Major items of work in the contract include but are not limited to the
following:

 Site clearance and setting out;

 Excavation Foundations

 Concrete works for foundation

 Masonry works for abutments and wing walls

 Deck reinforcement work and concrete casting

 Hand railing ,walkway works

 Ancillary Works

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B. Technical Specification

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ETHIOPIAN ROADS AUTHORITY (ERA-2013)

STANDARD TECHNICAL SPECIFICATIONS AND METHOD OF
MEASUREMENT FOR ROAD WORKS

Project: _________________________________________________.

STANDARD TECHNICAL SPECIFICATIONS

The Standard Technical Specification shall be “Standard Specification for ERA-2013 Standard
Technical Specifications and Method of Measurement for Bridge Works”, 2013.

The Standard Technical Specifications are subject to the variations and additions set out in Part II
here of entitled “Special Provisions for the Standard Technical Specifications”.

Copies of the ERA Standard Technical Specifications can be purchased in the ERA’s Head
Office; or digital copy of it can be taken without any fee and will be considered as part of these
bidding documents.
Ethiopian Road Authority
P.O. Box 9206
Main Building,
Addis Ababa, Ethiopia

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Project Name: __________________________________________________.

UNDERTAKING

I/We declare that I/we have gone through the Ethiopian Roads Authority Standard Technical
Specifications, Part I Standard Technical Specifications and method of measurement, edition
2013 (not enclosed herewith the Bid Documents) thoroughly and I/we undertake to abide by the
terms, conditions, requirements and later I/we undertake to abide part of the contract agreement
for Standard Technical Specifications and Method of Measurement for Road Works.

Authorized Signature
of the Bidder: ........................

Name:

Date:

Seal:

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C. Design Documents and Drawings

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D. Bill of Quantities or Activity Schedule

Summary of Bill of Quantity (BOQ) to Contract

Zone :- South Gonder
Location Woreda : - Guna Begemidir
Kebele :- Kirarm
Project Name : - Kirarm Bridge project
Budget source :- FSRP
Item No Description Amount (Eth Birr) Remark
1 Approach road
2 Excavation, Backfill &Cart away
3 Formwork
4 Reinforcing Steel
5 Concrete Work
6 Bridge Bearing Parapets Rialings & Drainage
7 Stone Masonry &Pointing
Sub Total
Vat (15%)
Grand total with VAT

Bill of Quantities Details

1.0 Bill of Quantity (BOQ) of General item to contract

Zone :- South Gonder
Location Woreda : - Guna Begemidir
Kebele :- kirarm
Site name : - Kirarm small Bridge project
Budget Source :- FSRP
Unit Rate Total cost
[Link] Item of work Unit Quantity
([Link]) ([Link])
DIVISION 1000
1100.00 EARTH WORKS FOR APPROACH ROAD

Excavation for approach road cutting, leveling,

(a) M3 640
embankment and compaction by machine
Total sum

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Borrow to fill (Capping Layer) production,

loading/unloading, spreading, Showering and
11.01 (a) M3 280
compacting (in 200mm layers to 93% AASHTO T-
180) of material Hauled around 10km radius
Total sum
Total Sum of 1000
MAJOR STRUCTURES ( BRIDGES WITH
DIVISION 2000
SPAN LENGTH 16 METERS)
DIVISION 2100 FOUNDATION FOR STRUCTURES:
21.02 Depth Excavation <2m
21.02 a Excavation of soft /ordinary soil M3 300
21.02 b Hard/dense soil M3 518
21.03 Depth Excavation <d<4m
21.03a Hard/dense soil M3 524
21.03b Soft and decomposed rocky/very dense soil M3 120
21.04 Depth Excavation > 4m
A Hard rock using jack hammer M3 120
B Cart away M3 924
21.05 Backfill and Fill Near Structures M3
Backfilling or Approach Road Fill (Embankment)
A using Excavated Materials including Compaction M3 328
by Layer
Selected and blended granular back fill with in 10
B M3 270
km radius
C hand laid rock M3 60
D Hard core filling with in 25cm depth M2 213.66
Division 2100 Total sum

DIVISION 2200 FORMWORK

Formwork including False works with class F2
22.01
surface
I False work Height < 4m M2
300
Ii False work Height ≥ 4m M2
600
Division 2200 Total sum
DIVISION 2300 REINFORCING STEEL
Steel Reinforcement For Structures ( bending,
23.01
cutting and fixing)
A High-yield stress steel bars, Deformed Grade 60 Kg 18,041.04
Division 2300 Total sum

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DIVISION 2400 Cast in situ concrete

I Grade C-30
I Grade C-30 using any transportation
When Course Aggregate is Transported from
1.00
<75km
A When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
B M3
distance
C When Sand Transportation is >200km distance M3
When Course Aggregate is Transported from >
2.00
75km
A When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
B M3
distance
C When Sand Transportation is >200km distance M3 135
Ii Grade C-25 using any transportation
When Course Aggregate is Transported from
1.00
<75km
A When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
B M3
distance
C When Sand Transportation is >200km distance M3
When Course Aggregate is Transported from >
2.00
75km
A When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
B M3
distance
C When Sand Transportation is >200km distance M3
Iii Grade C-20 using transportation
When Course Aggregate is Transported from
1.00
<75km
A When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
B M3
distance
C When Sand Transportation is >200km distance M3
When Course Aggregate is Transported from >
2.00
75km
A When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
B M3
distance
C When Sand Transportation is >200km distance M3
Iv Grade C-15 mass Concrete using transportation

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When Course Aggregate is Transported from

1.00
<75km
A When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
B M3
distance
C When Sand Transportation is >200km distance M3
When Course Aggregate is Transported from >
2.00
75km
A When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
B M3
distance
C When Sand Transportation is >200km distance M3
V Grade C-5 Lean Concrete using transportation
When Course Aggregate is Transported from
1.00
<75km
a When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
b M3
distance
c When Sand Transportation is >200km distance M3
When Course Aggregate is Transported from >
2.00
75km
a When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
b M3
distance

c When Sand Transportation is >200km distance M2

173.95
Division 2400 Total sum
BRIDGE BEARINGS, PARAPETS, RAILINGS
DIVISION 2500
& DRAINAGE
25.01 Elastomeric Bearing
a Elastomeric plate bearing No. 6
25.02 Reinforced concert Railing and Post lm 36
25.03 Drainage Pipes & Weep Holes
a Weep Holes lm 35
Division 2500 Total sum
DIVISION 2600 STONE MASSONRY STRUCTURES
Construction of cemented Mortared Stone
26.01 Masonry Class "B" (1:4) When the Stone &
Sand were Transported from a distance of
When the Stone is transported from 0-10km but
I
Sand is
A When Sand Transportation is < 100km distance M3

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When Sand Transportation is 100 < d < 200km

B M3
distance
C When Sand Transportation is >200km distance M3
When the Stone is transported from 10-20km but
Ii
Sand is
A When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
B M3
distance
C When Sand Transportation is >200km distance M3
When the Stone is transported from 20- 30km but
Ii
Sand is
A When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
B M3
distance
C When Sand Transportation is >200km distance M3
When the Stone is transported from 30-40km but
Iii
Sand is
A When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
B M3
distance
C When Sand Transportation is >200km distance M3
When the Stone is transported from >40km but
Iv
Sand is
A When Sand Transportation is < 100km distance M3
When Sand Transportation is 100 < d < 200km
B M3
distance
C When Sand Transportation is >200km distance M3 595
A Cement pointing to stone masonry surface (1:3) M2
250
ANCILARY WORKS
Gabions
(a) Galvanized gabion boxes (type ,size of box
M2 60
and mesh as indicated on drawing
Division 2600 Total sum
Total Sum of 2000
Total Sum (1000+2000)
VAT (15%)
Grand Total with VAT

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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 15
23. Arrangements on Termination 16
24. Cessation of Rights and Obligations 16
25. Cessation of Works 16
26. Settlement of Disputes 17
27. Liquidated Damages 17
28. Confidentiality 18
29. Miscellaneous 19
C. Obligations of the Public Body 20

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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
s39. 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

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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
81. Inspection and Testing 47
82. Rejection 48
83. Ownership of Plant and Materials 48
G. Acceptance and Defects Liability 49
84. General Principles 49
85. Tests on Completion 49
86. Partial Acceptance 50
87. Provisional Acceptance 50
88. Defects Liability 51
89. Final Acceptance 52

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Section 7 General Conditions of Contract

A. General Provisions
1. Definitions

1.1 The headings and titles of these General Conditions of Contract shall not limit, alter or affect the
meaning of the Contract
1.2 The following words and expressions shall have the meanings hereby assigned to them:

(a) "Bill of Quantities" means the document forming part of the Bid and containing an
itemized breakdown of the works to be carried out in a unit price
contract, indicating a quantity for each item and the corresponding
unit price;
(b) "Completion" means the fulfillment of the Contract by the Contractor in
accordance with the terms and conditions set forth in the in the GCC
Clause 87;
(c) "Contract Documents" means the documents listed in the GCC, including all attachments,
appendices, and all documents incorporated by reference therein,
and shall include any amendments thereto;
(d) "Contract Manager" means a person designated as such by the Contractor from time to
time as notified in writing to the Public Body to act as the duly
authorized representative of the Contractor for all purposes
connected with the Contract, including any authorized representative
of such person;
(e) "Contract Price" means the accepted contract amount stated in the Public Body's
Letter of Acceptance. The amount represents the initial estimate
payable for the execution of the works or such other sum as
ascertained by the final statement of account as due to the
Contractor under the contract;
(f) "Contract" means the binding Contract Agreement entered into between the
Public Body and the Contractor, comprising Contract Documents
referred to therein, including all attachments, appendices, and all
documents incorporated by reference therein,
(g) "Contractor" means a natural or juridical person under contract with a Public
Body to supply works;
(h) "Day" means calendar day;

(i) "Dayworks" mean varied work inputs subject to payment on an hourly basis for
the Contractor's employees and equipment, in addition to payment
for associated materials and plants;
(j) "Defect" Defect is any part of the Works not completed in accordance with the
Contract;
(k) "Defects Liability is the period stated in the Special Conditions of Contract
Period" immediately following the date of provisional acceptance, during
which the Contractor is required to complete the works and to
remedy defects or faults as instructed by the Engineer;
(l) "Drawings" mean the drawings of the Works, as included in the Contract, and
any additional and modified drawings issued by (or on behalf of) the
Public Body in accordance with the Contract, include calculations
and other information provided or approved by the Engineer for the

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carrying out of the works.

(m) "Eligible Countries" means the countries and territories eligible as listed in Section 5 of
the Bidding Documents;
(n) "Engineer" means a person named in the Special Conditions of Contract or
appointed as such by the Public Body and notified in writing to the
Contractor to act as the representative of the Public Body to
supervise and inspect works and to test and examine the materials
employed and the quality of workmanship, including any authorized
representative of such person;
(o) "Equipment" is the Contractor's machinery, vehicles, apparatus, components and
any other articles brought temporarily to the Site to construct the
Works;
(p) "Final Acceptance Certificate(s) issued by the Engineer to the Contractor at the end of
Certificate" the Defects Liability Period stating that the Contractor has
completed its obligations to construct, complete, and maintain the
Works concerned;
(q) "General Conditions of hereinafter referred to as “GCC”, means the general contractual
Contract" provisions setting out the administrative, financial, legal and
technical clauses governing the execution of the Contract, except
where amended by the SCC or Contract Agreement;
(r) "Good Industry means the exercise of that degree of skill, diligence and foresight
Practice" which would reasonably and ordinarily be expected from a skilled
and experienced Contractor engaged in the provision of works
similar to the works under the same or similar circumstances as
those applicable to the Contract and which are in accordance with
any codes of practice published by relevant trade associations;
(s) "Government" means the Government of the Federal Democratic Republic of
Ethiopia;
(t) "In writing" shall be interpreted to include any document which is recorded in
manuscript or typescript;
(u) "Intended Completion is the date on which it is intended that the Contractor shall complete
Date" the Works. The Intended Completion Date is specified in the Special
Conditions of Contract. The Intended Completion Date may be revised
only by the Engineer by issuing an extension of time or an acceleration
order;
(v) "Liquidated damages" means the compensation stated in the contract as being payable by
Contractor to the Public Body for failure to perform the contract or
part thereof within the periods under the contract, or as payable by
Contractor to the Public Body for any specific breach identified in
the contract;
(w) "Materials" are all supplies, including consumables, used by the Contractor for
incorporation in the Works;
(x) "Member" means any of the entities that make up the joint venture / consortium
/ association; and “Members” means all these entities;
(y) "Month" means calendar month;

(z) "Party" means the Public Body or the Contractor and includes their
permitted successors and “Parties” means both of them;
(aa) "Plant" means appliances and other machinery, and, where applicable under
the law and/or practice of the Federal Democratic Republic of
Ethiopia, the temporary structures on the site required to carry out

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the works but excluding equipment or other items required to form

part of the permanent works;
(bb) "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;
(cc) "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;
(dd) "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;
(ee) "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;
(ff) "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;
(gg) "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;
(hh) "Start Date" is given in the Special Conditions of Contract. It is the latest date when
the Contractor shall commence execution of the Works;
(ii) "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;
(jj) "Third Party" means any person or entity other than the Public Body, the
Contractor or a Sub-Contractor;
(kk) "Works" mean all work associated with the construction, reconstruction,
upgrading, demolition, repair, renovation of a building, road, or
structure, as well as services incidental to works, if the value of
those services does not exceed that of works themselves;
2. Appointment

2.1 The Public Body appoints the Contractor to carry out the Works:
(a) Promptly (and in any event within any time targets as may be set out in the Section 6,
Schedule of Requirements) and in a professional and courteous manner so as to reflect and
promote the image of the Public Body;
(b) Strictly in accordance with the Schedule of Requirements and all provisions of the
Contract; and
(c) In accordance with all applicable laws and regulations of the Federal Democratic Republic
of Ethiopia and Good Industry Practice; and
(d) In accordance with the policies, rules, and procedures of the appropriate Authority as

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amended from time to time.

(e) In accordance with the quality standards set by the Ministry of Urban Development and
Construction, Quality and Standards Authority of Ethiopia (QSAE), and applicable
international standards;
(f) In accordance with the terms and conditions of appointment as provided in this Clause in
consideration of the Contract Price.

3. Relationship Between the Parties

3.1 Nothing contained herein shall be construed as establishing a relationship of master and servant or
of principal and agent as between the Public Body and the Contractor. The Contractor, subject to
this Contract, has complete charge of Personnel and Sub-Contractors, if any, carrying out the
Works and shall be fully responsible for the Works carried out by them or on their behalf
hereunder. The Contractor shall not incur any liabilities on behalf of the Public Body or enter into
any contract or obligation on behalf of the Public Body.

4. Due Diligence

4.1 The Contractor acknowledges that it:

(a) Has made and shall make its own enquiries to satisfy itself as to the accuracy and adequacy
of any information supplied to it by or on behalf of the Public Body;
(b) Has raised all relevant due diligence questions with the Public Body before the Effective
Date; and
(c) Has entered into this Contract in reliance on its own due diligence alone.
4.2 The Contractor acknowledges that it has inspected the Site Environment and has advised the
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

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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:
(a) “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
(b) “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.
(c) “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
(d) “Coercive practices” is harming or threatening to harm, directly or indirectly, persons or
their property to influence their participation in a procurement process, or affect the
execution of a contract.
(e) "Obstructive practice" is
(i) 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
(f) acts intended to materially impede the exercise of inspection and audit rights provided for
under GCC Sub-clause 56.2.
5.4 The Agency will debar a Contractor from participation in public procurement for a specified
period of time if it at any time determines that the Contractor has engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices in competing for, or in executing, a contract.
5.5 The Agency reserves the right, where a Contractor has been found by a national or international
entity to have engaged in corrupt or fraudulent practice, to declare that such a Contractor is
ineligible, for a stated period of time, to be awarded a Government funded contract.
5.6 The Agency will have the right to require that, in contracts funded by the Government of Ethiopia,
a provision be included requiring Contractors to permit the Agency to inspect their accounts and
records relating to the performance of the contract and to have them audited by auditors appointed
by the Agency, if the Contractor engages in any corrupt practice.
5.7 Any communications between the Contractor and the Public Body or the Agency related to
matters of alleged fraud or corruption must be made in writing.

6. Interpretation

6.1 In interpreting these GCC, words indicating one gender include all genders. Words indicating the
singular also include the plural and words indicating the plural also include the singular. Headings
have no significance. Words have their normal meaning under the language of the Contract unless
specifically defined. The Engineer shall provide instructions clarifying queries about these GCC.

6.2 If sectional completion is specified in the Special Conditions of Contract, references in the

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General Conditions of Contract to the Works, the Completion Date, and the Intended Completion
Date apply to any Section of the Works (other than references to the Completion Date and
Intended Completion Date for the whole of the Works)..

6.3 Entire Agreement

This Contract contains all covenants, stipulations and provisions agreed by the Parties. 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.
6.4 Amendment
No amendment, modification or other variation of the Contract shall be valid unless an
Amendment to Contract is made in writing, is dated, expressly refers to the Contract, and is
signed by a duly authorized representative of each party thereto.
6.5 Nonwaiver
(a) Subject to GCC Sub-Clause 6.5(b) below, no relaxation, forbearance, delay, or indulgence by
either party in enforcing any of the terms and conditions of the Contract or the granting of
time by either party to the other shall prejudice, affect, or restrict the rights of that party under
the Contract, neither shall any waiver by either party of any breach of Contract operate as
waiver of any subsequent or continuing breach of Contract.
(b) Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing, dated,
and signed by an authorized representative of the party granting such waiver, and must specify
the right and the extent to which it is being waived.
6.6 Severability
If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable,
such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any
other provisions and conditions of the Contract.
B. The Contract
7. Contract Documents

7.1 The documents forming the Contract shall be interpreted in the following order of precedence in
the event of any conflict between the documents comprising this Contract:
(a) Agreement, including all appendices;
(b) Letter of Acceptance by the Public Body to the Contractor;
(c) The Special Conditions of Contract;
(d) The General Conditions of Contract;
(e) Bid Submission Sheet with Annexes;
(f) Technical Proposal with technical specifications;
(g) The design documentation (drawings);
(h) 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);
(i) 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

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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
in person to an authorized representative of the Party to whom the communication is addressed, or
when sent to such Party at the address specified in the SCC.
10.3 A Party may change its address for notice hereunder by giving the other Party notice in writing of
such change to the address specified in the SCC.

11. Authority of Member in Charge

11.1 In case the Contractor consists of a joint venture/consortium/ association of two or more entities,
all such entities shall be jointly and severally bound to fulfill the terms of the contract according to
the law of the Federal Democratic Republic of Ethiopia. The Members hereby authorize the entity
specified in the SCC to act on their behalf as leader with authority to bind the joint venture or
consortium in exercising all the Contractor’s rights and obligations towards the Public Body under
this Contract. The composition or the constitution of the joint venture or consortium shall not be
altered without the prior consent of the Public Body.

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12. Engineer and Engineer's Representative

12.1 Except where otherwise specifically stated and subject to any restriction in the SCC, any action
required or permitted to be taken, and any document required or permitted to be executed, under
this Contract by the Public Body or the Contractor may be taken or executed by the Engineers
named in the SCC. Except as expressly stated in the SCC, the Engineer shall not have authority to
relieve the Contractor of any of his obligations under the Contract.
12.2 Any notice, information or communication given to or made by an Engineer shall be deemed to
have been given or made by the Public Body.
12.3 The Engineer may delegate any of his duties and responsibilities to Engineer's representative after
notifying the Contractor, and may cancel any delegation after notifying the Contractor.
12.4 The role of the Engineer’s representative shall be to supervise and inspect works and to test and
examine the materials employed and the quality of workmanship. Under no circumstances will the
Engineer's representative be empowered to relieve the Contractor of his obligations under the
contract or – except where express instructions to that effect are given in the SCC – order works
resulting in an extension of the period of performance or additional costs to be paid by the Public
Body or introduce variants in the nature or scale of the works.
12.5 Any communication given by the Engineer's representative to the Contractor in accordance with
the terms of such delegation shall have the same effect as though it had been given by the
Engineer, provided that:
(a) Any failure on the part of the Engineer's representative to disapprove any work, materials or
plant shall not prejudice the authority of the Engineer to disapprove such work, materials or
plant and to give the instructions necessary for the rectification thereof;
(b) 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 there under, except in the following cases:
(a) A charge, in favor of the Contractor's bankers, of any monies due or to become due under
the Contract; or
(b) 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

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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
its decision, stating reasons should he withhold such authorization.
14.3 The terms of any sub-contract shall be subject to and conform to the provisions of this Contract.
14.4 Sub-Contractors must satisfy the eligibility criteria applicable to the award of the contract and
they cannot be in any of the situations excluding them from participating in contract.
14.5 Subject to GCC Clause 66, the Public Body shall have no contractual relations with the Sub-
Contractors.
14.6 The Contractor shall be responsible for the acts, defaults and negligence of his Sub-Contractors
and their agents or employees, as if they were the acts, defaults or negligence of the Contractor,
his agents or employees. The approval by the Public Body of the sub-contracting of any part of
the contract or of the Sub-Contractor to perform any part of the works shall not relieve the
Contractor of any of his obligations under the contract.
14.7 If a Sub-Contractor has undertaken any continuing obligation for a period exceeding that of the
Defects Liability Period under the contract towards the Contractor in respect of the work executed
or the goods, materials, plant or services supplied by the Sub-Contractor, the Contractor shall, at
any time after the expiration of the Defects Liability Period, transfer immediately to the Public
Body, at the Public Body's request and cost, the benefit of such obligation for the unexpired
duration thereof.
14.8 If the Contractor enters into a subcontract without approval, the Public Body may apply, as of
right without giving formal notice thereof, the sanctions for breach of contract provided for in
GCC Clauses 19 and 21.
14.9 If a Sub-Contractor is found by the Public Body or the Engineer to be incompetent in discharging
its duties, the Public Body or the Engineer may request the Contractor forthwith, either to provide
a Sub-Contractor with qualifications and experience acceptable to the Public Body as a
replacement, or to resume the implementation of the tasks itself.

15. Modifications by Change Orders

15.1 The Engineer shall have power to order any modification to any part of the works necessary for
the proper completion and /or functioning of the works. Such modifications may include
additions, omissions, substitutions, changes in quality, quantity, form, character, kind, position,
dimension, level or line and changes in the specified sequence, method or timing of execution of

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the works. No order for a modification shall have the effect of invalidating the contract, but the
financial effect, if any, of all such modifications shall be valued in accordance with GCC Clauses
15.5 and 15.7.
15.2 All change orders shall be issued in writing, it being understood that:
(a) 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;
(b) 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:
(a) a description of the tasks, if any, to be implemented or the measures to be taken and a
program for execution; and
(b) any necessary modifications to the program of implementation of tasks or to any of the
Contractor's obligations under the contract; and
(c) 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:
(a) 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;
(b) 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;
(c) 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;
(d) 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

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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.

16. Change in Laws and Regulations

16.1 Unless otherwise expressly agreed in the SCC, if, after the deadline for submission of the Bid, any
law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated,
abrogated, or changed in the Federal Democratic Republic of Ethiopia where the Site is located
(which shall be deemed to include any change in interpretation or application by the competent
authorities) that subsequently affects the Completion Date and/or the Contract Price, then such
Contract Price shall not be correspondingly increased or decreased and/or the Completion Date
shall not be adjusted to the extent that Contractor has thereby been affected in the performance of
any of its obligations under the Contract.

17. Taxes and Duties

17.1 Unless otherwise specified in the SCC, the Contractor shall bear and pay all taxes, duties, and
levies imposed on the Contractor, by all municipal, state or national government authorities, both
within and outside the Federal Democratic Republic of Ethiopia, in connection with the Works to
be carried out under the Contract,.

18. Force Majeure

18.1 For the purposes of the Contract, “Force Majeure” shall mean an event or events which are
beyond the reasonable control of a Contractor, and which makes a Contractor’s performance of its
obligations hereunder impossible or so impractical as reasonably to be considered impossible in

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the circumstances, and includes:

(a) An official prohibition preventing the performance of a contract,
(b) A natural catastrophe such as an earthquake, fire, explosion, storm, floods, or other adverse
weather conditions, or
(c) International or civil war, or
(d) Other instances of Force Majeure identified as such by the civil code.
18.2 The following occurrences shall not be deemed to be cases of Force Majeure:
(a) A strike or lock-out taking of a party or affecting the branch of business in which he carries
out his activities where such strikes, lockouts or other industrial action are within the power
of the Party invoking Force Majeure to prevent, or
(b) An increase or reduction in the price of raw materials necessary for the performance of the
contract, or
(c) The enactment of new legislation where by the obligations of the debtor becomes more
onerous, or
(d) Any event which is caused by the negligence or intentional action of a Contractor or such
Contractor’s Sub-Contractors or agents or employees; or
(e) Any event which a diligent Party could reasonably have been expected to both:
(i) Take into account from the effective date of the Contract; and
(ii) Avoid or overcome in the carrying out of its obligations; or
(f) Insufficiency of funds or failure to make any payment required hereunder.
18.3 The failure of a Contractor to fulfill any of its obligations hereunder shall not be considered to be
a breach of, or default under, the Contract insofar as such inability arises from an event of Force
Majeure, provided that the Contractor affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures, all with the objective of carrying out
the terms and conditions of the Contract.
18.4 A Party affected by an event of Force Majeure shall take all reasonable measures to
(a) Remove such Party’s inability to fulfill its obligations hereunder with a minimum of delay;
and
(b) Minimize the consequences of any event of Force Majeure.
18.5 A Contractor affected by an event of Force Majeure shall notify the Public Body of such event as
soon as possible, and in any event not later than fourteen (14) days following the occurrence of
such event, providing evidence of the nature and cause of such event, and shall similarly give
notice of the restoration of normal conditions as soon as possible.
18.6 Any period within which a Contractor shall, pursuant to this Contract, complete any action or
task, shall be extended for a period equal to the time during which such Party was unable to
perform such action as a result of Force Majeure.
18.7 During the period of their inability to carry out the Works as a result of an event of Force
Majeure, the Contractor, upon instructions by the Public Body, shall either:
(a) Demobilize, in which case the Contractor shall be reimbursed for additional costs they
reasonably and necessarily incurred, and, if required by the Public Body, in reactivating the
Works; or
(b) Continue to perform his obligations under the Contract to the extent possible, in which case
the Contractor shall continue to be paid under the terms of this Contract and be reimbursed

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for additional costs reasonably and necessarily incurred.

18.8 Not later than thirty (30) days after the Contractor, as the result of an event of Force Majeure, has
become unable to carry out the Works, the Parties shall consult with each other in good faith and
use all reasonable endeavors to agree appropriate terms to mitigate the effects of the Force
Majeure Event and facilitate the continued performance of the Contract.
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:
(a) Compensation / Claim for liquidated damages as specified in GCC Clause 27; and/or
(b) 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:
(a) otherwise provided for in the contract; or
(b) necessary by reason of some default of the Contractor; or
(c) necessary by reason of normal climatic conditions on site; or
(d) 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

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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:
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) The Contractor is unable, as the result of Force Majeure, to carry out the Works for a period
of not less than sixty (60) days;
(f) The Contractor assigns the contract or sub-contracts without the authorization of the Public
Body;
(g) The Contractor has been guilty of grave professional misconduct proven by any means
which the Public Body can justify;
(h) The Contractor has been declared to be in serious breach of contract financed by the
Federal Democratic Republic of Ethiopia's budget for failure to comply with its contractual
obligations.
(i) The Contractor has been engaged in corrupt or fraudulent practices in competing for or in
executing the Contract.
(j) Any organizational modification occurs involving a change in the legal personality, nature
or control of the Contractor, unless such modification is recorded in an addendum to the
Contract;
(k) Any other legal disability hindering performance of the Contract occurs;
(l) The Contractor fails to provide the required guarantees or insurance, or the person

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providing the underlying guarantee or insurance is not able to abide by its commitments.
(m) Where the procurement requirement of the Public Body changes for any apparent or
obvious reason;
(n) Where it emerges that the gap between the value of the Contract and the prevailing market
price is so wide that allowing the implementation of the contract to proceed places the
Public Body concerned at a disadvantage;
(o) The Public Body, in its sole discretion and for any reason whatsoever, decides to terminate
the Contract.
(p) The Contractor has delayed the completion of the Works by the number of days for which the
maximum amount of liquidated damages can be paid, as defined in the GCC Clause 27.1(b).
Termination by the Contractor
21.3 The Contractor may, by not less than thirty (30) days' written notice to the Public Body, of such
notice to be given after the occurrence of any of the events specified in GCC Sub-Clause 21.3 (a)
to (d) terminate the Contract if:
(a) The Public Body fails to pay any money due to the Contractor pursuant to the Contract and
not subject to dispute pursuant to Clause 25, within forty-five (45) days after receiving
written notice from the Contractor that such payment is overdue;
(b) 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;
(c) 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.
(d) 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
(e) 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

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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
(a) Such rights and obligations as may have accrued on the date of termination or expiration;
(b) The obligation of confidentiality set forth in GCC Clause 28 hereof;
(c) The Contractor’s obligation to permit inspection, copying and auditing of their accounts
and records set forth in GCC Clause 56 hereof; and
(d) 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

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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
for resolution through the courts in accordance with Ethiopian Law.
26.6 Only those Public Bodies that are allowed by law to proceed to arbitration can do so.

27. Liquidated Damages

27.1 Except as provided under GCC Clause 18, if the Contractor fails to carry out any or all of the
Works within the period specified in the Contract, the Public Body may without prejudice to all its
other remedies under the Contract, deduct from the Contract Price, as liquidated damages the
following:
(a) A penalty of 0.1% or 1/1000 of the value of undelivered Service for each day of delay until
actual delivery or performance,
(b) The cumulative penalty to be paid by the Contractor shall not exceed 10% of the contract
price.
27.2 If the delay in performing the contract affects its activities, the Public Body may terminate the
contract by giving advance notice to the Contractor pursuant to GCC Clause 21 without any

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obligation to wait until the penalty reaches 10% of the value of the Contract.
27.3 If the Intended Completion Date is extended after liquidated damages have been paid, the
Engineer shall correct any overpayment of liquidated damages by the Contractor by adjusting the
next payment certificate.

28. Confidentiality

28.1 The Public Body and the Contractor shall keep confidential and shall not disclose to any third
party any documents, data, or other information furnished directly or indirectly by the other party
hereto in connection with the Contract, whether such information has been furnished prior to,
during or following completion or termination of the Contract if their disclosure would be
contrary to law, would impede law enforcement, would not be in public interest, would prejudice
legitimate commercial interest of the parties or would inhibit fair competition.. Notwithstanding
the above, the Contractor may furnish to its sub-contractors such documents, data, and other
information it receives from the Public Body to the extent required for the sub-contractor to
perform its work under the Contract, in which event the Contractor shall obtain from such sub-
contractor an undertaking of confidentiality similar to that imposed on the Contractor under this
Clause.
28.2 The Public Body shall not use such documents, data, and other information received from the
Contractor for any purposes unrelated to the Contract. Similarly, the Contractor shall not use such
documents, data, and other information received from the Public Body for any purpose other than
carrying out the Works in accordance with the Contract.
28.3 The obligation of a party under this Clause, however, shall not apply to any Confidential
Information that:
(a) The Public Body or Contractor need to share with any other institutions participating in the
financing of the Contract;
(b) Now or hereafter enters the public domain other than by breach of the Contract or other act
or omissions of that Party;
(c) Is obtained by a third party who is lawfully authorized to disclose such information;
(d) 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
(e) 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:
(a) 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;

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(b) 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
Contractor's Confidential Information in accordance with all applicable guidance.
28.9 The above provisions of this Clause shall not in any way modify any undertaking of
confidentiality given by either of the parties hereto prior to the date of the Contract.
28.10 This GCC Clause 28 shall remain in force without limit in time in respect of Confidential
Information which comprises Personal Data. Except as aforesaid and unless otherwise expressly
set out in the Contract, this GCC Clause 28 shall remain in force for a period of 3 years after the
termination or expiry of this Contract.
28.11 In the event that the Contractor fails to comply with this GCC Clause 28, the Public Body reserves
the right to terminate the Contract by notice in writing with immediate effect.

29. Miscellaneous

29.1 Any decision, act or thing that the Public Body is required or authorized to take or do under the
Contract may be taken or done by any person authorized, either generally or specifically, by the
Public Body to take or do that decision, act or thing, provided that upon receipt of a written
request the Public Body shall inform the Contractor of the name of any person so authorized.
29.2 The Contractor may from time to time upon the request of the Public Body, execute any additional
documents and do any other acts or things which may reasonably be required to implement the
provisions of the Contract.
29.3 Any provision of the Contract which is held to be invalid or unenforceable in any jurisdiction
shall be ineffective to the extent of such invalidity or unenforceability without invalidating or
rendering unenforceable the remaining provisions hereof and any such invalidity or
unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in
any other jurisdiction.
29.4 The failure by the Public Body and Contractor to insist upon the strict performance of any
provision, term or condition of the Contract or to exercise any right or remedy consequent upon
the breach thereof shall not constitute a waiver of any such breach or any subsequent breach of
such provision, term or condition.
29.5 Each Party shall bear its own expenses in relation to the preparation, execution and
implementation of the Contract including all costs legal fees and other expenses so incurred.
29.6 The Contractor warrants represents and undertakes to the Public Body that there are no pending or
threatened actions or proceedings before any court or administrative agency which would
materially adversely affect the financial condition, business or operations of the Contractor and
that there are no material contracts existing to which the Contractor is a party which prevent it
from entering into the Contract; and that the Contractor has satisfied itself as to the nature and
extent of the risks assumed by it under the Contract and gathered all information necessary to

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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.

C. 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:
(a) 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;
(b) 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.
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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.

D. 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:
(a) 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;
(b) 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

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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.

36. Code of Conduct

36.1 The Contractor shall, at all times, act loyally and impartially in respect of any matter relating to
this Contract and as a faithful adviser to the Public Body in accordance with the rules and/or code
of conduct of its profession as well as with appropriate discretion. The Contractor shall, in
particular, at all times refrain from making any public statements concerning the Works without
the prior approval of the Public Body, and from engaging in any activity which conflicts with its
obligations towards the Public Body under the contract. It shall not commit the Public Body
without its prior written consent, and shall, where appropriate, make this obligation clear to third
parties.
36.2 If the Contractor or any of its Sub-Contractors, personnel, agents or servants offers to give or
agrees to offer or to give or gives to any person, any bribe, gift, gratuity or commission as an
inducement or reward for doing or forbearing to do any act in relation to the contract or any other
contract with the Public Body, or for showing favor or disfavor to any person in relation to the
contract or any other contract with the Public Body, then the Public Body may terminate the
contract, without prejudice to any accrued rights of the Contractor under the contract.
36.3 The payments to the Contractor under the contract shall constitute the only income or benefit it
may derive in connection with the contract and neither it nor its personnel shall accept any
commission, discount, allowance, indirect payment or other consideration in connection with, or
in relation to, or in discharge of, its obligations under the contract.
36.4 The Contractor shall not have the benefit, whether directly or indirectly, of any royalty, gratuity or
commission in respect of any patented or protected article or process used in or for the purposes of
the contract or the project, without the prior written approval of the Public Body.
36.5 The Contractor and its staff shall maintain professional secrecy, for the duration of the contract
and after completion thereof. In this connection, except with the prior written consent of the
Public Body, neither the Contractor nor the personnel employed or engaged by it shall at any time
communicate to any person or entity any confidential information disclosed to them or discovered
by them, or make public any information as to the recommendations formulated in the course of
or as a result of the Works. Furthermore, they shall not make any use prejudicial to the Public
Body, of information supplied to them and of the results of studies, tests and research carried out

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in the course and for the purpose of performing the contract.

36.6 The execution of the contract shall not give rise to unusual commercial expenses. If such unusual
commercial expenses emerge, the contract will be terminated. Unusual commercial expenses are
commissions not mentioned in the contract or not stemming from a properly concluded contract
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.

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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:
(a) The Contractor is notified of such actions, claims, losses or damages not later than 30 days
after the Public Body becomes aware of them;
(b) 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;
(c) 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.

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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:
(a) 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
(b) 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:
(a) 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;
(b) 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;
(c) 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

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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:
(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;
(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.
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.

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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:

(a) 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;
(b) Such drawings as the Engineer may reasonably require for the implementation of tasks.
(c) 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.
(d) 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

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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.

44. Exceptional Risks

44.1 If during the execution of the works the Contractor encounters artificial obstructions or physical
conditions which could not reasonably have been foreseen by an experienced Contractor, and if
the Contractor is of the opinion that additional costs will be incurred and/or an extension of the
period of implementation of the tasks will be necessary as a result of this, he shall give notice to
the Engineer in accordance with GCC Clauses 69 and/or 73. The Contractor shall specify in such
notice the artificial obstructions and/or physical conditions, giving details of the anticipated
effects thereof, the measures he is taking or intends to take and the extent of the anticipated delay
in or interference with the execution of the works.
44.2 Following receipt of the notice, the Engineer may inter alia:
(a) Require the Contractor to provide an estimate of the cost of the measures he is taking or
intends to take;
(b) Approve measures referred to in GCC Sub-Clause 44.2 (a) with or without modification;
(c) Give written instructions as to how the artificial obstructions or physical conditions are to
be dealt with;
(d) Order a modification, a suspension, or termination of the contract.
44.3 To the extent that the Engineer shall decide that the whole or part of the said artificial obstructions
or physical conditions could not reasonably have been foreseen by an experienced Contractor, the
Engineer shall:
(a) take into account any delay suffered by the Contractor as a result of such obstructions or
conditions in determining any extension of the period of implementation of tasks to which
the Contractor is entitled under GCC Clause 73; and/or
(b) in case of artificial obstructions or physical conditions other than weather conditions,

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determine additional payments due to the Contractor in accordance with GCC Clause 69.
44.4 Weather conditions shall not entitle the Contractor to claims under GCC Clause 69.
44.5 If the Engineer decides that the artificial obstructions or physical conditions could, in whole or in
part, have been reasonably foreseen by an experienced Contractor, he shall so inform the
Contractor as soon as practicable.

45. Health and Safety on Sites

45.1 The Contractor shall have the right to forbid access to the Site to any person not involved in the
performance of the contract, with the exception of persons authorized by the Engineer or the
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

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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 there from 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 there from 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:

(a) the accurate setting-out of the Works in relation to original marks, lines and levels of
reference given by the Engineer;
(b) the correctness, of the position, levels, dimensions and alignment of all parts of the Works;
and
(c) the provision of all necessary instruments, appliances and labor in connection with the

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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

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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

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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:
(a) To maintain appropriate technical and organizational security measures;
(b) 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;
(c) 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

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format specified in the SCC.

58.5 No payments shall be made in favor of the Contractor prior to the provision of the Performance
Security. The Performance Security shall continue to remain valid until the contract has been fully
and properly implemented.
58.6 During the performance of the contract, if the natural or legal person providing the Performance
Security is not able to abide by his commitments, the Performance Security shall cease to be valid.
The Public Body shall give formal notice to the Contractor to provide a new Performance Security
on the same terms as the previous one. Should the Contractor fail to provide a new Performance
Security the Public Body may terminate the Contract.
58.7 The Public Body shall demand payment from the Performance Security of all sums for which the
guarantor is liable under the Performance Security due to the Contractor's default under the
Contract, in accordance with the terms of the Performance Security and up to the value thereof.
The guarantor shall, without delay, pay those sums upon demand from the Public Body and may
not raise any objection for any reason whatsoever. Prior to making any claim under the
Performance Security, the Public Body shall notify the Contractor stating the nature of the default
in respect of which the claim is to be made.
58.8 The Performance Security shall 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 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.
58.9 Notwithstanding the provision of GCC Sub-Clause 58.2 above, the Performance Security may be
returned to the Contractor where the Procurement Endorsing Committee ascertains that the
noncompliance of the Contractor does not affect the interest of, or entail additional cost on the
Public Body and is not due to the fault of the Contractor.
58.10 The Public Body shall be required to submit any document in its possession in relation to a
procurement in which it authorizes the return of the Performance Security to the Contractor and
account for its action under the preceding GCC Sub-Clause 58.9 of this GCC to the Public
Procurement and Property Administration Agency or other competent body if and when required
to do so.

E. Payments to the Contractor

59. General Principles

59.1 Payments shall be made in currency as specified in the SCC. The SCC shall lay down the
administrative or technical conditions governing advance payments, interim and/or final payments
made in accordance with the GCC.
59.2 Payments due by the Public Body shall be made to the bank account mentioned on the Bidder
Certification of Compliance form completed by the Contractor.
59.3 Payments to the Contractor of the amounts due under each of the interim payment certificates and
the final statement of account issued by the Engineer shall be made by the Public Body within 90
days of such certificate of statement being delivered to the Public Body. The date of payment shall
be the date on which the paying institution's account is debited. The payment certificate shall not
be admissible if one or more essential requirements are not met.
59.4 Interim payment certificates or final statement of account must be accompanied with copies of
invoices and other appropriate supporting materials of the amounts payable.

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59.5 The Contractor's invoice shall be correctly rendered if:

(a) The invoice is addressed to the Public Body's officer specified in the Contract to receive
invoices and identifies the number of relevant Contract;
(b) The invoice includes date of issuance and its serial number;
(c) The amount claimed in the invoice is due for payment;
(d) The amount specified in the invoice is correctly calculated in accordance with the Contract;
(e) The invoice includes the name and address of Contractor to whom payment is to be sent;
(f) The invoice includes the name, title, and phone number of person to notify in the event of
defective invoice;
(g) The invoice includes Contractor's bank account information, and
(h) The invoice is, where appropriate, certified as sales tax exempt.
Failure to provide such information will entitle the Public Body's to delay payment until such
information is provided.
59.6 The period referred to in GCC Clause 59.3 may be suspended by notifying the Contractor that the
payment certificate or the final statement of accounts cannot be fulfilled because the sum is not
due, because appropriate substantiating documents have not been provided or because there is
evidence that the expenditure might not be eligible. In the latter case, an inspection may be carried
out on the spot for the purpose of further checks. The Contractor shall provide clarifications,
modifications or further information within 30 days of being asked to do so. Within 30 days of
receipt of the clarification, the Engineer shall decide and issue if need be a revised payment
certificate or a final statement of account and the payment period shall continue to run from this
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:
(a) as a lump-sum advance enabling Contractor to meet expenditure resulting from the
commencement of the contract;
(b) 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,

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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:
(a) The conclusion of the Contract;
(b) Provision to the Public Body by the procedure of the Performance Security in accordance
with GCC Clause 58; and by
(c) 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.

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62. Price Adjustments

62.1 Adjustments of contract prices shall be allowed after twelve (12) months from the effective date
of the Contract where it is verified that the performance of the contract requires more than 18
months.
62.2 Request for price adjustment in relation to a particular work items under this Contract may be
filed by the Contractor after twelve (12) months from the effective date of the Contract where it is
verified that the performance of the contract requires more than 18 months, which adjusted price
takes effect as the new Contract Price in relation to that work item on the expiration of 30 days
from the date on which the Public Body receives notification of that adjusted price from the
Contractor, unless another date is agreed in writing between the Parties.
62.3 All prices shall be firm unless the Contractor has provided claim for price adjustment. The
Contractor may invoke this provision at any time during the Contract by notice in writing to the
Engineer.
62.4 The Public Body can increase or decrease the Contract Price amount as described by this Clause.
62.5 Price Adjustment shall be applicable as payable in full for the original scheduled completion
period.
62.6 In the event the completion of contract exceeds the original scheduled period:
(a) In case of default on the part of the Contractor causing delay in original scheduled
completion, the rate of Price Adjustment will be frozen at the original scheduled date of
completion; however Price Adjustment will be applicable till actual completion. While
computing Price Adjustment beyond the scheduled completion period, in the event the rate
is reduced, then that reduced rate will be applied.
(b) The Price Adjustment will be payable in full for the extended period if the Contractor has
been granted an extension of time for no fault on the part of the Contractor, duly approved
by the Public Body.
62.7 Unless specifically stated otherwise in the Contract, the basis for compensation will be only those
categories of inputs, which are specifically listed as specified items in the SCC.
62.8 An adjustment of the Contract Price, depending of selected categories of contract price, shall be
limited to an amount which takes account of price indexes or price indicators issued by Ethiopian
Central Statistical Agency or Public Procurement and Property Administration Agency.
62.9 Notwithstanding the provision of GCC Sub-Clause above, price information available from a
renowned local producer or competent foreign institution may be used in case the Ethiopian
Central Statistical Agency or Public Procurement and Property Administration Agency are not in
a position to issue current price indexes,
62.10 Contractor shall submit to the Public Body for review and approval all calculations and supporting
information necessary to determine the price adjustment.
62.11 Adjustments in compensation may be either plus or minus depending on the differences between
the Benchmark Price Index and the Monthly Price Index.
62.12 To determine the adjustment on each item any such price variation shall be calculated in
accordance with the following formula by applying the combination of above said criteria:


PA   NV  A
MLI  BLI   B MMI  BMI   C MEI  BEI   D MFI  BFI BC Q
 BLI BMI BEI BFI 

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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;
C= The fraction of the Contract Price subject to adjustment in accordance with
movements of the selected Equipment Price Index
MEI = The most recently available selected Equipment Price Index on the date on which the
Public Body received notification of the proposed increased price from the Contractor;
BEI = Benchmark selected Equipment 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;
D= The fraction of the Contract Price subject to adjustment in accordance with
movements of the Average Fuel Price Index
MFI = The most recently available Average Fuel Price Index on the date on which the Public
Body received notification of the proposed increased price from the Contractor;
BFI = Benchmark Average Fuel 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;
BC = Current Contract Price applicable to the Works
Q= Quantity;
And where:
(a) NV+A+B+C+D are equal to 1.00
62.13 The fraction for each specified element and exact combination of elements that will be applied in

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the formula for price adjustment shall be determined in the SCC.

62.14 An increase in the Contract Price takes effect as the new Contract Price in relation to the selected
category on the first day of the next Payment Period following receipt of an application for
increase provided the application is received no later than 14 days prior to the commencement of
that Payment Period.
62.15 An increase in the Contract Price takes effect as the new Contract Price in relation to the selected
categories of inputs on the expiration of 30 days from the date on which the Public Body receives
notification of the increased price from the Contractor, unless another date is agreed in writing
between the Parties;
62.16 When the Contractor varies the Contract Price of a Product or Service it must supply a copy of a
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:

(a) 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
reasonable notice to the Contractor to attend, or to send a qualified agent to represent

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him. The Contractor or his agent shall assist the Engineer in making such
measurements and shall furnish all particulars required by the Engineer. Should the
Contractor not attend, or omit to send such agent, the measurement made by the
Engineer or approved by him shall be binding on the Contractor;
(b) For lump-sum contracts, the amount due under the Contract shall be determined on the
basis of the breakdown of the overall contract price, or on the basis of a breakdown
expressed as a percentage of the contract price corresponding to completed stages of the
works. Where items are accompanied by quantities, these shall be firm quantities for which
the Contractor has submitted his all-in price, and shall be paid for irrespective of the
quantities of work actually carried out.

64. Interim Payment

64.1 Unless otherwise specified in the SCC, the Contractor shall submit monthly statement for interim
payment to the Engineer at the end of each period referred to in GCC Clause 64.7 in a form
approved by the Engineer. The monthly statement shall include the following items, as applicable:
(a) The estimated contract value of the permanent works implemented up to the end of the
period in question;
(b) An amount reflecting any price adjustment pursuant to GCC Clause 62;
(c) An amount to be withheld as retention sum under GCC Clause 61;
(d) Any credit and/or debit for the period in question in respect of plant and materials on Site
intended for, but not yet incorporated in, the permanent works in the amount and under the
conditions set out in GCC Clause 64.2;
(e) An amount to be deducted on account of the advance payment repayment under the
provisions of GCC Clause 60; and
(f) Any other sum to which the Contractor may be entitled under the Contract.
64.2 The Contractor shall be entitled to such sums as the Engineer may consider proper in respect of
plant and materials intended for, but not yet incorporated in, the permanent works provided that:
(a) The plant and materials conform with the specifications for the permanent works and are set
out in batches in a way that they may be recognized by the Engineer;
(b) Such plant and materials have been delivered to the Site, and are properly stored and
protected against loss or damage or deterioration to the satisfaction of the Engineer;
(c) The Contractor's record of requirements, orders, receipts and use of plant and materials
under the contract are kept in a form approved by the Engineer and such records are
available for inspection by the Engineer;
(d) The Contractor submits with his statement, the estimated value of the plant and materials on
Site together with such documents as may be required by the Engineer for the purpose of
valuation of the plant and materials and providing evidence of ownership and payment
therefore; and
(e) Where the SCC so provide, ownership of the plant and materials referred to in GCC Clause
83 shall be deemed to be vested in the Public Body.
64.3 Approval by the Engineer of any interim payment certified by him in respect of plant and
materials pursuant to this GCC Clause shall be without prejudice to the exercise of any power of
the Engineer under the Contract to reject any plant or materials which are not in accordance with
the provisions of the Contract.
64.4 The Contractor shall be responsible for any loss or damage to, and for the cost of storing and

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handling of, such plant and materials on site and shall effect such additional insurance as may be
necessary to cover the risk of such loss or damage from any cause.
64.5 Within 30 days of receipt of the said statement for interim payment, it shall be approved or
amended in such manner that, in the Engineer's opinion, the application reflects the amount due to
the Contractor in accordance with the Contract. In cases where there is a difference of opinion as
to the value of an item, the Engineer's view shall prevail. On determination of the amount due to
the Contractor, the Engineer shall, within the same 30 days deadline, issue and transmit to the
Public Body for payment and to the Contractor for information, an Interim Payment Certificate for
the amount due to the Contractor and shall inform the Contractor of the works for which payment
is being made.
64.6 The Engineer may, by an Interim Payment Certificate, make any corrections or modifications to
any previous certificate issued by him and shall have power to modify the valuation in or withhold
the issue of, any Interim Payment Certificate if the works or any part thereof is not being carried
out to his satisfaction.
64.7 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:
(a) the amount which in his opinion is finally due under the Contract; and
(b) 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

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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.

68. Payments to Third Parties

68.1 All orders for payments to third parties may be carried out only after an assignment made in
accordance with GCC Clause 13. The assignment shall be notified to the Public Body.
68.2 Notification of beneficiaries of the assignment shall be the sole responsibility of the Contractor.
68.3 In the event of a legally binding attachment of the property of the Contractor affecting payments
due to him under the contract, without prejudice to the time limit laid down in GCC Clause 67, the

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Public Body shall have 30 days, starting from the day when it receives notification of the
definitive lifting of the obstacle to payment, to resume payments to the Contractor.

69. Claims for Additional Payment

69.1 If under the Contract there are circumstances which the Contractor considers entitle him to
additional payment, the Contractor shall:
(a) if he intends to make any claim for additional payment, give to the Engineer notice of his
intention or make such claim within 15 days after the said circumstances become known to
the Contractor, stating the reason for his claim; and
(b) submit full and detailed particulars of his claim as soon as it is reasonably practicable, but
no later than 60 days after the date of such notice, unless otherwise agreed by the Engineer.
In case the Engineer agrees to another deadline than the said 60 days, the agreed upon
deadline will in any event, require that such particulars shall be submitted no later than the
date of submission of the draft final statement of account. The Contractor shall thereafter
promptly submit such further particulars as the Engineer may reasonably require assessing
the validity of the claim.
69.2 When the Engineer has received the full and detailed particulars of the Contractor's claim that he
requires, he shall, without prejudice to GCC Clause 44.4, after due consultation with the Public
Body and, where appropriate, the Contractor, determine whether the Contractor is entitled to
additional payment and notify the parties accordingly.
69.3 The Engineer may reject any claim for additional payment which does not comply with the
requirements of this GCC Clause.

F. Performance of the Contract

70. Scope of Works

70.1 Subject to the SCC, the Works to be carried out shall be as specified in the Section 6, Schedule of
Requirements.
70.2 The Contractor shall construct and install the Works at sites and locations as are specified in the
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

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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:
(a) Exceptional weather conditions in the Federal Democratic Republic of Ethiopia;
(b) Artificial obstructions or physical conditions which could not reasonably have been
foreseen by an experienced Contractor;
(c) 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;
(d) Administrative orders affecting the date of completion other than those arising from the
Contractor's default;
(e) Failure of the Public Body to fulfill his obligations under the Contract;
(f) Any suspension of the works which is not due to the Contractor's default;
(g) Force majeure;
(h) 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:
(a) 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;
(b) The Public Body modifies the Schedule of other Contractors in a way that affects the work
of the Contractor under the Contract;
(c) The Engineer orders a delay or does not issue Drawings, Specifications, or instructions
required for execution of the Works on time;
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work,
which is then found to have no Defects;

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(e) The Engineer unreasonably does not approve a subcontract to be let;

(f) 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.
(g) 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;
(h) The advance payment is delayed;
(i) The Engineer unreasonably delays issuing Interim Payment Certificates;
(j) 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

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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:
(a) Seize the performance guarantee; and /or
(b) Terminate the contract; and
(c) 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:
(a) 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;
(b) 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

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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:
(a) 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;
(b) agree, with the Engineer, on the time and place for tests;
(c) 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

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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
power to order or decide:
(a) the removal from the Site, within such time limits as may be specified in the order, of any
components or materials which, in the opinion of the Engineer, are not in accordance with
the contract;
(b) the substitution of proper and suitable components or materials; or
(c) the demolition and proper re-execution, or satisfactory repair, notwithstanding any previous
test thereof or interim payment therefore, of any work which, in respect of components,
materials, workmanship or design by the Contractor for which he is responsible, is not, in
the opinion of the Engineer, in accordance with the Contract.
82.3 The Engineer shall, as soon as reasonably practicable, give to the Contractor notice in writing of
his decision specifying particulars of the alleged defects.
82.4 The Contractor shall with all speed and at his expense make good the defects so specified. If the
Contractor does not comply with such order, the Public Body shall be entitled to employ other
persons to carry out the same and all expenses consequent thereon or incidental thereto may be
deducted by the Public Body from any monies due or which may become due to the Contractor.
82.5 The provisions of this GCC Clause shall not affect the right of the Public Body to claim under
GCC Clauses 19 and 78.

83. Ownership of Plant and Materials

83.1 All equipment, temporary works, plant and materials provided by the Contractor shall, when
brought on the Site, be deemed to be exclusively intended for the execution of the works and the
Contractor shall not remove the same or any part thereof, except for the purpose of moving it from
one part of the site to another, without the consent of the Engineer. Such consent shall, however,
not be required for vehicles engaged in transporting any staff, labor, equipment, temporary works,

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plant or materials to or from the Site.

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:
(a) vested in the Public Body; or
(b) made subject to a lien in favor of the Public Body; or
(c) made subject to any other arrangement regarding priority interest or security.
83.3 In the event of termination of the contract in accordance with GCC Clause 21 due to the
Contractor's breach of Contract, the Public Body shall be entitled to use the equipment, temporary
works, plant and materials on Site in order to complete the works.
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.

G. 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

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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:
(a) 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
(b) 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

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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:
(a) the use of defective plant or materials or faulty workmanship or design of the Contractor;
and/or
(b) 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:
(a) 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
(b) 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

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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.

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Section 8. Special Conditions of 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
H. Payments to the Contractor 11

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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: ET-AMH FSRP-406122-CW-RFB
GCC Guna Begemidir Woreda Finance Office
1.2(dd)

GCC 1.2 (g) The Contractor is: To be assigned later

B. The Contract

GCC 7.1 (i) Delete the documents listed from a to i and substitute the following

(1) the Contract Agreement ;

(2) the Letter of Acceptance and its annexes;
(3) Contractor’s Bid;
(4) the Special Conditions of Contract ;
(5) the General Conditions of Contract;
(6) ERA’s Standard Technical Specifications and Method of Measurement
for Road Works 2013;
(7) the Drawings;
(8) the priced Bills of Quantities, and
(9) Other documents as listed in the Appendix to Bid.
(10) The completed Schedules and any other documents forming part of the
contract, including, but not limited to:
i. the ES Management Strategies and Implementation Plans; and
ii. Code of Conduct for Contractor’s Personnel (ES).

GCC 8.1 The governing law shall be Law of the Federal Democratic Republic of
Ethiopia.
GCC 9.1 Language of the Contract shall be English and Amharic .

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GCC 10.2 For notices, the Public Body’s address shall be:
Public Body: Guna Begemidir Woreda Finance
Office
Attention: -------------------------------------------
South Gonder zone Guna worda Finance
Office
Floor/Room : 17
P.O. Box: N/A
Street Address: N/A

Town/City: Kimrdngay
Post Code: N/A
Country: Ethiopia
Telephone: + 251 0582510226
Facsimile: N/A
E-mail address: N/A

For notices, the Contractor’s address shall be: Assigned

Contractor: -----------------------------------------------
Attention: ------------------------------------
Floor/Room number:
P.O. Box:
Street Address:

Town/City:
Post Code:
Country:
Telephone:
Facsimile:
E-mail address:
GCC 11.1 The Member in Charge is ………………………

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GCC 12.1 The Public Body’s Engineer shall be: Assigned

Engineer:
P.O. Box:
Street Address:

Town/City:
Post Code:
Country:
Telephone:
Facsimile:
E-mail address

The Contractor’s authorized officer shall be: Assigned

Authorized Officer:
P.O. Box:
Street Address:

Town/City:
Post Code:
Country:
Telephone:
Facsimile:
E-mail address:
GCC 12.1 Add the following to this sub-clause 12.1;
The Engineer shall obtain the specific approval of the Public Body before
taking any of the following actions specified below;

(a) Consenting to the sub-letting of any part of the Works

(b) Certifying additional cost resulted from Change in the Bill of Quantities
(c) Awarding an extension of time of the intended completion date
(d) All variations, except in an emergency situation as reasonably determined by the
Engineer.
(e) Certifying payment if the Contract Price will be exceeded;
(f) Authorizing the use of provisional sums in excess of the monetary limit for variations;
(g) Issuing any taking-over certificate;
(h) Certifying additional payment under Clause 44 and Clause 74;
(i) Valuation of Variations and Fixing Rates

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(j) Adjusting for taxes, duties and other levies
(k) Issuing a Defects Liability Certificate in accordance.
(l) Ordering suspension or termination under

Notwithstanding the obligation, as set out above, to obtain approval, if in the

opinion of the Engineer, an emergency occurs affecting the safety of life or of
the Works or of adjoining property, he may, without relieving the Contractor
of any of his duties and responsibilities under the Contract, instruct the
Contractor to execute all such work or to do all such things as may, in the
opinion of the Engineer, be necessary to abate or reduce the risk. The
Contractor shall forthwith comply, despite the absence of approval of the
Employer, with any such instruction of the Engineer. The Engineer shall
determine an addition to the Contract Price, in respect of such instruction, in
accordance with Payment for Variations and shall notify the Contractor
accordingly, with a copy to the Employer. If the cost of the project is enough
to finish the total length of the project ,the engineer shall instruct to an
addition work ,hence the Estimated project length might be increased ,but the
cost of the project might be as it is.

GCC 16.1
In case of change of laws and regulation before 28 days from 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 Add the following to this sub-clause 17.1;

The Contractor, Sub-Contractors, and their Personnel Shall not be exempted
from duties and indirect taxes levied by 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
10(Ten) percent.

C. Obligations of the Public Body

GCC 30.3 The documents to be provided by the Public Body and the Engineer shall be
any documents which are directly related to the project.

D. Obligations of the Contractor

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GCC 34.4 Add the following to Sub-Clause 34.4:
The Contractor shall take all reasonable precautions:
(a) In connection with any rivers, streams, waterways, drains, water
courses, lakes and the like to prevent as a consequence of the works,
silting, erosion of beds and banks and pollution of the water so as to
affect adversely the quality or appearance thereof or cause injury or
death to human, animal or plant life;
(b) In connection with underground water resources (including
percolating water) to prevent any interference as a consequence of
the work with the supply to or abstraction from such sources and to
prevent pollution of water so as to affect adversely the quality thereof.
The Contractor shall minimize the pollution of and disturbance of lands,
roads and other places on and around the Site. No trees or other vegetation
shall be removed except to the extent necessary for the works.
The Contractor shall comply with the current Government regulations with
regard to the transport, storage and use of explosives and radio-active
materials.

GCC The Public Body's prior approval is also required for: All insurance policies
34.5(b) The contractor shall not be starting any of the permanent works before
submitting all the insurance policies to the public body.

ADD THE FOLLOWING SUB-CLAUSE 37.10:

“The Contractor’s authorized representative shall be able to read, write and

speak fluent in the language specified in the Appendix to Bid.”
The Schedule of Key Personnel to carry out the functions stated in the Schedule of
Requirements is the following: as specified in section 3 of this bidding document other
GCC 38.3
Personal to be approved by the Engineer, at any time during Contract Execution
period to care out the functions Stated the schedule requirements.

GCC39.2 The amount of aggregate liability shall be: an amount equal to total contract
(b) price.

The minimum insurance cover and deductibles shall be:

(a). The minimum cover for insurance of the Works, Plant and Materials is
110% of the Contract Price
GCC 40.1
(b). The maximum deductible for insurance of the Works, Plant and
Materials is ETB 150,000.00.
(c). The minimum cover for insurance of Equipment is 100 % of the value

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of the equipment required for the performance of the contract.
(d). The maximum deductible for insurance of Equipment is 150,000.00.
(e). The minimum cover for insurance of property is in an amount equal to
cover and indemnify the Employer against any loss of or damage to any
property other than the Works, Plant, Materials and Equipment.
(f). The maximum deductible for insurance of property is 150,000.00.
(g). The minimum cover for personal injury or death insurance is in an
amount equal to cover and indemnify the Employer against all losses
and claims in respect of death of or injury to any person with no
deductible.
The amount and number of occurrences of insurance covering liability with
GCC 40.3
regard to risks and civil liability insurance shall be unlimited.
Add the following to Sub-Clause 41.1:
The Contractor shall submit a Program of implementation of the tasks within
21 days of delivery of the Notice of Acceptance.
The Program shall be submitted in two copies in the form of a Critical Path
Method Network (CPM Network) showing the order of procedure and
description of the construction methods and arrangements by which he
proposes to carry out the Works. In addition, the aforesaid critical path
program should be supplemented by;
(i) The Program should be broken down into suitable sections by MS -
Projects detailing each construction activity, showing for each
construction activity; the periods of construction activity planned; the
percentage completion anticipated per month; the total estimated
quantity of work; the average monthly production planned; and
GCC 41.1
(ii) a detailed work method statement in respect of each construction
activity. It should also be supplemented by a time-bar chart of the
same program. The Program shall be co-ordinated with climatic,
groundwater and other conditions to provide for the completion of the
works in the order and by the time specified. The Program shall be
revised at quarterly intervals and should include a chart of the principal
quantities of the forecast for execution monthly.

The program shall detail the equipment and labour resources to be allocated
to each and every construction operation, and shall aggregate, on a weekly
basis, all equipment and labour, to show the total numbers of each category
of equipment and labour required at any given time in order to allow the
Contractor to adhere to the program. The program shall detail the

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Contractor’s intentions for mobilization at the Site, clearly stating deadlines
for completion and delivery dates, as appropriate, and shall include but shall
not be limited to:

(i) provision of the Site laboratory, complete, with all services, fully
furnished, equipped, staffed and with adequate transport facilities
and functional in all respects, (if applicable);
(ii) provision of the Contractor’s establishment, including offices,
accommodation, workshops, secure stores, complete and, in the
Engineer’s opinion, adequately serviced, furnished and equipped and
functional in all respects;
(iii) Provision of all equipment, staff and materials, in accordance with the
Clause 41 program, necessary to allow the Contractor to adhere to his
Clause 41 program.

The detailed work method statement of each particular construction activity

shall list by category/type and quantity the labor, skilled labor, supervisors,
plant, equipment and materials to be employed on the particular
construction activity; together with: the estimated average daily production
anticipated; the estimated equipment availability and utilization factor
anticipated; and a detailed step description of the way in which resources are
to be utilized to achieve the construction.

The Contractor shall submit to the Engineer a general description of his

proposed arrangements and methods for the execution of the Works,
including, inter alias, temporary offices, buildings, access roads, construction
equipment and its intended production output, working shift arrangements,
labor strength, skilled and unskilled, and supervision arrangements, power
supply arrangements, supply of materials including a materials utilization
program, stone crushing, aggregate production and storage, cement
handling, asphalt and concrete mixing and handling, methods of excavation,
dealing with water, testing methods and facilities.

The Contractor’s attention is particularly drawn to the need to familiarize

himself with customs procedures in connection with importation, and to
allow sufficient time in its program for these to be completed.
If details of the Contractor’s proposals for Temporary Works are required by
the Engineer for his own information the Contractor shall submit such detail
within fourteen days of being requested to do so.

The various operations pertaining to the Works shall be carried out in such a

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progressive sequence so as to achieve a continuous and consecutive output
of fully completed road works inclusive of bridge works and culverts within
the time limits specified in the Contract.

The Contractor shall, wherever required by the Engineer, also provided in

writing for information a detailed description of the arrangements and
methods which the Contractor proposes to adopt for the execution of any
particular part of the Works as directed by the Engineer.

Progress reporting by the Contractor should be supported on a monthly

basis with an up-to-date analysis of the progress including a statement on
items which are or are about to become critical to the Progress of Works,
along with proposals on how the Contractor intends to address the situation.

Notwithstanding General Conditions of Contract Clause 41.1, the program to

be submitted for the execution of the Works shall, in addition to the
program of pure construction activities, environmental and social problem
mitigation plan, which includes reinstating borrow and quarry site. For each
component, the program shall detail the resources to be provided or utilized
and any related sub-contracting proposed. The program shall also include
provision of a detailed cost estimate with supporting documentation.”

The program will show both calendar days and working days.
GCC 41.4 The period between Program updates is 30 (Thirty) days.
The amount to be withheld for late submission of an updated Program is
0.5% of the contract price.

GCC 41.6 Add the following to Sub-Clause 41.6

“The Contractor shall, when instructed by the Engineer, amend, correct or
modify the Program of Work so as to take into account any delays and/or
advances and modifications designs or for other reasons considered
necessary by the Engineer.

If, during the progress of the work, the quantities of work performed per
month fall below those shown in the Program, or if the sequence of
operations is altered, or if the Program is deviated from in any other way,
the Contractor shall, within two weeks after being notified by the Engineer,
submit a revised Program so as to take into account any delays or advances
or for other reasons considered necessary by the Engineer without prejudice
to the Public Body’s right under Clause 63 of the General Conditions of
Contract.

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If the Program is to be revised by reason of the Contractor falling behind his
Program, he shall produce a revised Program showing the modifications to
the original Program, necessary to ensure completion of the Works or any
part thereof within the Time for Completion as defined in Clause 72 of the
General Conditions of Contract or any extended time granted pursuant to
Clause 73 of the General Conditions of Contract. Any proposal to increase the
tempo of work must be accompanied by positive steps to increase
production by providing more labour and plant on Site, or by using the
available labour and plant in a more efficient manner.

Should the Public Body request and the Contractor undertake to finish the
whole or part of the Works ahead of the time originally required by the
Contract, payment for accelerating the work shall only be made if agreed to
beforehand in writing and according to the terms of such agreement.

GCC 45 Rename Clause 45 as shown;

“Health, Safety and Protection of the environment on Sites.”
GCC 45.5 Add sub-clause (a) to (d) to Sub-Clause 45.5 as follows:

(b) Notwithstanding the Contractor’s obligation under sub-paragraphs of

Sub-Clauses 45.1-45.5 of the Conditions of Contract, the Contractor shall
carry out, without limitation, the following measures with a view to
reducing or eliminating adverse environmental effects by the site Works:

(i) All quarries, borrow pits, diversions and detours shall be filled
and landscaped, as far as practical, to their original condition
after extraction of construction material.
(ii) Soil erosion due to the surface runoff or water from culverts
or other drainage structures should be avoided by putting in
place proper erosion control measures.

(iii) Long traffic diversion roads shall be avoided so as to minimize

the effect of dust on the surrounding environment. In any
case, all diversions shall be kept damp to reduce dust.

(iv) Haulage routes shall be kept as short as possible, and watered

as necessary.

(v) Spillage of oil, fuel, and lubricants shall be avoided. If spilt,

they shall be collected and disposed of in such a way as not to
adversely affect the natural environment.

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(vi) Rock-blasting is not allowed in the route of the project.

(c) All lights provided by the Contractor shall be screened so as not to

interfere with any traffic or signal lights of any local or other authority.

(d) The Contractor shall be deemed to be in possession of and ensure that

the Contractor’s personnel are fully aware of relevant safety regulations.

(e) The Contractor shall ensure that all equipment, tools and other items
used in accomplishing the Works, whether purchased, rented or
otherwise provided by the Contractor are in safe, sound and good
condition for performing the intending function.

ADD THE FOLLOWING SUB-CLAUSE AS 45.11

The contractor shall submit environmental protection plan and Traffic
management plan for the Engineer.

There shall not be any additional payment for the submitted plans and for
implementation of the traffic management plan.

GCC 49.2 Add the following to Sub-Clause as (a) and (b) to Sub-Clause 49.2:
(a) Without prejudice to the other requirements of Clause 49, the
Contractor shall give to the Engineer, if required, not less than 36
hour's notice of his intention to set out or give levels for any part of
the Works, so that arrangement may be made for checking or
issuing instructions.
(b) Work done without lines and grades being given by the Engineer,
works done beyond lines and grades shown on the plans, or as
given by the Engineer, and, except as herein provided, material
removed from Borrow Pits without preliminary sections having
been taken or any extra work done without written authority, will
be considered as unauthorized and at the expense of the
Contractor and will not be measured or paid for by the Public Body.
Works so done may be ordered to be removed and replaced at the
Contractor's expense if found defective or unnecessary.

GCC 50.1 Add the following to Sub-Clause 50.1

Ownership of demolished materials such as Tele and Electric poles and pipe
lines shall be given to the respective authorized offices.

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ADD THE FOLLOWING SUB-CLAUSE 55.2:
“The Copyright of all documents and drawings prepared by or on behalf of
the Contractor in connection with the Works shall be the property of the
Public Body.”

The Contractor shall provide security for his proper performance of the
Contract to the Employer within 15 days after the receipt of the Letter of
Acceptance”.
The amount of the Performance Security shall be: 10(ten) percent of the
contract price.
GCC 58.1
whenever there shall be an addition to the Contract Price as a result of a change
in cost and /or legislation or as a result of a Variation amounting to more than 25
percent of the portion of the Contract Price, the Contractor, at the Engineer’s
written request, shall promptly increase the value of the performance security
by an equal percentage.

The types of acceptable Performance Securities: unconditional Bank

GCC 58.4 Guarantee.
The currency shall be: Ethiopian Birr
Discharge of the Performance Security shall take place in accordance with
GCC 58.8
GCC Sub clause 58.8.

H. Payments to the Contractor

GCC 59.1 All payment to the Contractor under this Contract shall be made in Ethiopian
Birr.
GCC 60.1 Advance payment shall be granted to the Contractor at his request.

GCC 60.2
The Public Body will make an interest-free advance payment to the
contractor exclusively for the costs of mobilization in respect of the works in
an amount named in the letter of acceptance.
The maximum Advance Payment will be equivalent to 30% percent of the
Contract Price with VAT and will be paid in Ethiopian Birr
Payment of such advance amount will be due under separate certification by
the engineer after:
(a) execution of the form of agreement by the parties hereto;
(b) provision by the contractor of the performance security in accordance
with sub-clause 58; and
(c) Provision by the contractor of an unconditional bank guarantee

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GCC 60.9
The following provisions shall apply to the advance payment and the
advance payment security:
(a) An Advance Payment Security shall be required in the form of a Certified
unconditional bank guarantee.
(b) An advance payment shall be made within 30(Thirty) days after the Effective Date.
(c) 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.
(d) The Advance Payment Security shall be in the amount and in the currency of the
currency portion of the advance payment.
(e) 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:
Va  D
R
Vt  0.8
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.

GCC 61.1 The proportion of payments retained is 5% (five percent) of each installment.

GCC 62.7- Price adjustment is not applicable for this contract.

62.13

The following methods shall apply to the valuation of works:

The amounts due in case of unit-price contract shall be
GCC 63.1 determined by applying the Unit Rate to the Quantities actually
executed for the respective items, in accordance with the
contract.

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Add the following Sub-Clause as 63.1 (a) (V)

“The measurement of the works shall be performed on the basis of the
Specifications and Drawings. If they exceed the measurements and
tolerances indicated in the Specifications and Drawings, such excess shall be
on the personal account of the Contractor and he shall not be entitled to any
63.1 (a) (V) Compensation therefore.

But if they are less than the measurements indicated in the Specifications
and Drawings, then the Works actually executed shall be measured, provided
they are technically acceptable and there is no provision to the contrary in
any part of the Contract Documents. All measurements shall be performed
in metric (SI) units.”
GCC 63.1b Not Applicable
Arrangements for interim payments shall be the following: with 25%
GCC 64.1
physical progress of work
Ownership of the plant and materials referred to in GCC Clause 83 shall be deemed to
GCC 64.2(e) be vested in the Public Body, for the duration to the execution & completion of the
works.

GCC 64.7 The frequency of interim payment shall be: with 25% physical progress of
work(3 interim payment)

The draft Final Statement of Account shall be submitted at the latest at the
moment of the Contractor's application for the provisional acceptance
GCC 65.1
certificate but not later than 90 days after the issue of the final acceptance
certified referred to in GCC clause 89.
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.

F. Performance of the Contract

GCC 70.1 The Scope of Works shall be defined in the Section 6, Schedule of
Requirements.

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GCC 70.2 The Contractor shall carry out the Works as defined under Section 6,
Schedule of Requirements.
GCC 71.1 The Start Date shall be 15 days from site handover.

GCC 72.1 The Intended Completion Date for the whole of the Works shall be 180 Cal.
Days (6months) excluding rainy season.

GCC 74.1(j) The following events shall also be Compensation Events: None

GCC 79.1 The work register shall be:

Required, As specified in the GCC.
The technical rules for drawing up the statements shall be: : ERA STANDARD
GCC 79.2
TECHNICAL SPECIFICATION AND METHODS OF MEASUREMENT-2013
The works, components, equipment and materials used in their construction
GCC 80.2 must comply with the technical specification and Section 6, Schedule of
Requirements.
GCC 80.3 Not Applicable

GCC 83.2 The 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 vested in
the Public Body.
G. Acceptance and Defects Liability

GCC 86.3 Partial provisional acceptance is Not Applicable.

GCC 88.6

GCC 88.7 The defects liability period is 365 days.

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Section 9. Contract Forms

Table of Contents

A. Contract Agreement 10
1. The Agreement 10
B. Performance Security 12
C. Advance Payment Security 13

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A. Contract Agreement

For the Procurement of

Procurement Reference No: …….

This Contract Agreement is made on the day of the month of ………, BETWEEN
…………………, 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
(hereinafter called the “Contractor”), of the other part
WHEREAS
(a) The Public Body invited bids for certain Works (hereinafter called the “Works”), and has
accepted a Bid by the Contractor for the provision of those Works in the sum of (hereinafter
called “the Contract Price”) in the manner and on the terms described herein
(b) 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;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The Agreement
1.2 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.

1.3 The following documents shall constitute the Contract between the Public Body and the
Contractor, and each shall be read and construed as an integral part of the Contract:
1. Contract Agreement, including all appendices;
2. Letter of Acceptance by the Public Body to the Contractor;
3. The Special Conditions of Contract;
4. The General Conditions of Contract;
5. The Bid Submission Sheet with Annexes;
6. Technical Proposal with technical specifications;
7. The design documentation (drawings);
(a) For Unit-price contracts: The Bill of Quantities and Price Schedule (after
correction of arithmetical errors);
8.
(b) For Lump-sum contracts: The Breakdown of the Lump-sum Price (after
correction of arithmetical errors);
9.
1.4 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.

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1.5 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.

1.6 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 for and on behalf of WITNESS to signature on behalf of

Signature: Signature:
Name: Name:
Position: Position:
Date: Date:

SIGNED for and on behalf of WITNESS to signature on behalf of

Signature: Signature:
Name: Name:
Position: Position:
Date: Date:

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B. Performance Security
(Bank Guarantee)
Date:
Procurement Reference No:

To:

WHEREAS (hereinafter “the Contractor”) has undertaken, pursuant to Contract No. dated , to
supply (hereinafter “the Contract”).

AND WHEREAS it has been stipulated by you in the aforementioned Contract that the
Contractor shall furnish you with a security 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 , legally domiciled in [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 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 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 day of , .

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No 458.

Name:
In the capacity of

Signed:

Duly authorized to sign the Security for and on behalf of:

Dated on ____________ day of __________________, _______

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C. Advance Payment Security

(Bank Guarantee)
Date:
Procurement Reference No:

To:

In accordance with the payment provision included in the Contract, in relation to advance
payments, (hereinafter called “the Contractor”) shall deposit with the Public Body a security
consisting of , to guarantee its proper and faithful performance of the obligations imposed by said
Clause of the Contract, in the amount of .

We, the undersigned , legally domiciled in (hereinafter “the Guarantor”), as instructed by the
Contractor, agree unconditionally and irrevocably to guarantee as primary obligor and not as
surety merely, the payment to the Public Body on its first demand without whatsoever right of
objection on our part and without its first claim to the Contractor, in the amount not exceeding .

This security shall remain valid and in full effect from the date of the advance payment received
by the Contractor under the Contract until , [insert year].

Name:
In the capacity of

Signed:

Duly authorized to sign the Security for and on behalf of:

Dated on ____________ day of __________________, _______

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D. Anti-Bribery Pledge Form

To ___________________
Kimiredengay

Gentlemen;
Having examined the under mentioned “corrupt, fraudulent, collusive and coercive practice” we
have agreed to sign this Anti-Bribery Pledge form for the construction works of ---------------------
--------------------------------------------------------[Insert Name of the project]

We confirm and insure to the employer that we will not at any time engage ourselves into evil
practices.

In pursuance of this policy the employer defines:-

i. “corrupt practice” means the offering, giving, receiving or soliciting of anything of

value to influence the action of a public official in the procurement process or in
contract execution; and

ii. “fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the
purchaser and includes collusive practice among Bidders (prior to or after bid
submission) designed to establish bid prices at artificial non-competitive levels
and to deprive the purchaser of the benefits of free and open competition;

iii. “Collusive practice” means a scheme or arrangement between two or more

bidders, with or without the knowledge of the Employer, designed to establish
bid prices at artificial, noncompetitive levels; and

iv. “Coercive practice” means harming or threatening to harm, directly or indirectly,

persons or their property to influence their participation in the procurement
process or affect the execution of a contract

v. "Obstructive Practices" is
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(a) deliberately destroying, falsifying, altering or concealing of evidence material

to the investigation or making false statements to investigators in order to
materially impede Employer's investigation into allegations or a corrupt,
fraudulent, coercive or collusive practice; and/or threatening, harassing or
intimidating any part to prevent it from disclosing its knowledge matters relevant
to the investigation or from pursuing the investigation, or

(b) Acts intended to materially impede the exercise of the Employer's inspection
and audit rights.

The employer will reject a bid for award if it determines that the bidders recommended for award
has engaged in corrupt, fraudulent, collusive or coercive practices in competing for the contract in
question;

The employer will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded a contract if it at any time determines that the firm has engaged in corrupt, fraudulent,
collusive or coercive practices in competing for, or in executing, a contract.

In addition to this, we understand that the employer has the right to reject firms which are found to
be corrupt and fraudulent.
This Anti Bribery Pledge Form is signed the ___________ day _________

_____________ __________________ ___________________

Name Signature and Seal in Capacity of

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