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Invitation to Tender (ITT) for a Construction of 134 Hollow Concrete Block Shelters in Berahle

Refugee Camp, Berahle woreda, Zone Two

Afar Regional State (Lot-1, Lot-2 and Lot-3)REF: 06-HRP-W-001856

September - 2018

GOAL is completely against fraud, bribery and corruption

GOAL does not ask for money for bids. If approached for money or other favours, of if you have any suspicions of attempted fraud, bribery or corruption please report immediately to email [email protected]

Please provide as much detail as possible with any reports

mailto:[email protected]

ITT for the construction of 134 Hollow Concrete Block Shelters (Lot-1, Lot-2 and Lot-3) in Berahle Refugee Camp, Berahle woreda, Zone Two, Afar Region.PR No. 06-HRP-W-

001856

Table of contents

ContentsPART I: Invitation to Tender (ITT)............................................................................................................................................

PART II: BIDDING PROCEDURES..............................................................................................................................................

PART III. SCHEDULE OF SPECIFICATIONS...............................................................................................................................

PART IV. SAMPLE CONTRACT (the contract terms might be different or there might be an additional provisions that might be added to the contract at the time of the conclusion of the contract)...................................................................

Appendix 1 - Company details..............................................................................................................................................

Appendix 2 – General terms and conditions for supply, service and works contracts..........................................................

Appendix 3 – Submission Checklist.......................................................................................................................................

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ITT for the construction of 134 Hollow Concrete Block Shelters (Lot-1, Lot-2 and Lot-3) in Berahle Refugee Camp, Berahle woreda, Zone Two, Afar Region.PR No. 06-HRP-

W-001856

PART I: Invitation to Tender (ITT)About GOALGOAL is an international humanitarian agency, currently operating in 14 countries worldwide, dedicated to alleviating the suffering of the poorest of the poor. We are a non-denominational, non-governmental and non-political organisation. For more information on GOAL and its operations please visit www.goal.ie.

GOAL Ethiopia supports a number of Water and Sanitation and Health (WASH) projects in various parts of the country providing clean water including small scale construction projects. One of our objectives is to enter into agreements with potential contractors to further our WASH activities.

Proposed TimelinesLine Item Date

1 National Tender published 05th – September - 2018

2 Closing date for clarifications 15th – Sept - 2018

3 Closing date and time for receipt of Tenders

25th - Sept - 2018, 04:00 PM GMT + 3 East African time.

4 Tender Opening Location Addis Ababa, GOAL Ethiopia Office.5 Tender Opening Date and time 26th – Sept – 2018, 02:00 PM GMT + 3 East

African time.

Overview of requirements.GOAL Ethiopia, an International Humanitarian Organization, invites sealed bids from eligible bidders for the Construction of 134 Hollow Concrete Block Shelters (Lot-1, Lot-2 and Lot-3) in Berahle Refugee Camp, Berahle woreda, Zone Two, Afar Region. Contractors must have Category BC/GC Four (4) & above or above certification to be eligible to bid on this tender. Prospective contractors must also be able to complete the construction works within ninety (90) calendar days and the preferred bidder will be required to enter a contract agreement with GOAL Ethiopia.

GOAL requires your company to provide accurate and true information in both your quote and any other information provided verbally or through email throughout the process of tender document submission and tender clarifications. If any false information is provided on behalf of your company, this will lead to exclusion from the Bid process.

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ITT for the construction of 134 Hollow Concrete Block Shelters (Lot-1, Lot-2 and Lot-3) in Berahle Refugee Camp, Berahle woreda, Zone Two, Afar Region.PR No. 06-HRP-

W-001856

Terms of the Procurement Procurement Process

This competition is being conducted under GOALs ITT Procedure. The Contracting Authority for this procurement is GOAL This procurement is funded by Donors and the tender and any contracts or agreements that

may arise from it are bound by the regulations of those donors.

Clarifications and Query Handling

GOAL has taken care to be as clear as possible in the language and terms it has used in compiling this ITT. Where any ambiguity or confusion arises from the meaning or interpretation of any word or term used in this document or any other document relating to this tender, the meaning and interpretation attributed to that word or term by GOAL will be final. GOAL will not accept responsibility for any misunderstanding of this document or any others relating to this tender.

Requests for additional information or clarifications can be made up to 10 days (as outlined in section 20 in PART II below) before the deadline, and no later. Any queries about this ITT should be addressed in writing to GOAL via email on [email protected] and answers shall be collated and published online at https://www.goalglobal.org/tenders in a timely manner.

Terrorism and Sanctions

GOAL does not engage in transactions with any terrorist group or individual or entity involved with or associated with terrorism or individuals or entities that have active exclusion orders and/or sanctions against them. GOAL shall therefore not knowingly purchase supplies or services from companies that are associated in any way with terrorism and/or are the subject of any relevant international exclusion orders and/or sanctions. If you submit a bid based on this request, it shall constitute a guarantee that neither your company nor any affiliate or a subsidiary controlled by your company are associated with any known terrorist group or is/are the subject of any relevant international exclusion order and/or sanctions. A contract clause confirming this may be included in an eventual purchase order based on this request.

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https://www.goalglobal.org/tenders


001856

PART II: BIDDING PROCEDURESInstructions to BiddersIntroduction

1. General: GOAL Ethiopia, from here on referred to as the EMPLOYER, is planning to undertake works detailed in the table below hereby requests to submit the rates / cost to each activities for full material and labour cost contract and sealed bids for the construction of 134 Hollow Concrete Block Shelters . The activities required are detailed in the enclosed bill of quantities, specification, and contract template documents (the contract is the sample and the terms might be changed at the time of the conclusion of the contract).

Code Summary of Main Activities Location Remarks

Lot-1 Construction of 45 Hollow Concrete block Shelters

Berahle woreda, Berahle Refugee Camp





The construction completion time for any one or total of the lots of the hollow concrete block shelters in Berahle Refugee Camp , Berahle woreda , Zone Two , Afar Region is within 90 (Ninety) calendar days

2. The bidder should fill the price in the bill of quantities and write in the cost summary sheet column attached here with and finally fill total summary Cost in summary Sheet.

3. The BIDDER is required to show his methodology, equipment, personnel, work schedule, site visit certificate and attach related work experience in the technical offer document which will enable him to complete the WORKS with efficiency. The technical evaluation will be based on provided methodology, equipment, material, personnel, site visit report and related work experience.

4. The following documents form part of the Tender Documents supplied by GOAL ETHIOPIA:

a) This document (‘Tender Guidelines and Regulations’);b) The Bill of Quantities, to be completed by the Bidderc) The Specification of Works;d) The Contract Document Template;( the Contract is the sample and the terms might be

changed at the time of the conclusion of the contract)e) Standard Forms of Tender here considered (SF-1 to SF-4);f) Company Details (Appendix 1)g) Standard Terms and Conditions (Appendix 2)h) Bidders Checklist (Appendix 3)

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All must be attached in the technical parts after filling the necessary requirement as per the format, or additional format if allowed without cancelling our format (if the bidder believes to add more elaborate information).

5. The filled Bill of Quantities submitted by the Bidder must be in the format provided with the Tender Documents. The bill of quantities and specification for the intended work in this document cannot be changed by the bidder. Bidders who change the given quantity and specification automatically will have their offered bid cancelled. Omissions of filling rates and excessive filling rates will also cause cancellation.

6. All rates and amounts entered into the Bill of Quantities or used in any other documents, correspondence or operations pertaining to this tender Bill of Quantities submitted by the Bidder, the unit prices shall prevail and the subtotals and total price shall be re-calculated accordingly.

7. The Employer reserves the right to change the unit quantities in the Bill of Quantities, after bid selection is completed, without a change in unit prices. Such a change may include the removal of an item from the Bill of Quantities, or a reduction or an increase of not more than 20% of the total works. In the case of an increase in the quantity of the Works, GOAL Ethiopia may, at its sole discretion, allow a proportionate extension of time.

8. Any change in equipment schedule, not agreed in writing by the EMPLOYER, may result in the encashment of the bid bond and cancellation of any agreement between the Bidder and GOAL Ethiopia.

9. A sample Contract and a Specification of Works is provided with these tender documents. The Employer reserves the right to refuse variations from the Contract template that are considered unacceptable or unreasonable.

10. At any time prior to the deadline for submission of tenders, the Employer may amend the tendering documents by issuing Addenda. Any Addendum thus issued shall be part of the tendering documents and shall be communicated in writing or email to all invited Bidders. Bidders shall promptly acknowledge receipt of each Addendum by e-mail to the EMPLOYER. To give the Bidders reasonable time in which to take an Addendum into account in preparing their Tenders, the EMPLOYER may extend as necessary the deadline for the submission of Tenders.

Eligibility

11. The BIDDER shall be domiciled and licensed to do such jobs in Ethiopia as specified in the tender and shall furnish copy of its renewed license ( BC/GC Four( 4) & above are acceptable ) for the current fiscal Ethiopian year, including a registration certificate for VAT from the Federal/Regional Ministry of Finance. The Bidder shall not be under a declaration of ineligibility for corrupt or fraudulent practices.

Submission of bids

12. The Bidder shall prepare an original and one copy, clearly marking each “ORIGINAL BID” and “COPY OF BID,” as appropriate. In the event of any discrepancy between them, the original shall prevail.

13. The original and the copy or copies of the bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the contract.

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00185614. Any interlineations, erasures should be avoided during rate filling by the bidder, or overwriting

shall be valid only if they are by the person or persons signing the bid.

15. The Bidder is required to initial and stamp each page of the tender documents and sign and stamp wherever it is requested. Any Appendices to the Tender must also be signed and stamped by the BIDDER. Failure to complete and sign any of these forms may invalidate the Tender.

16. Bids shall remain valid for 60 calendar days after the date of bid opening prescribed by the EMPLOYER. A bid valid for a shorter period may be rejected by the EMPLOYER as non-responsive.

17. The Bid shall contain a letter to accompany the bid contents, which are organized in the following way:

A. The completed Bill of Quantities, with unit and lump sum prices, and the total price completed;

B. Certificate of BIDDER’S visit to the works area – (Schedule SF1 / A – E/);C. Summary of Executed Construction work satisfactorily carried out by the BIDDER (Schedule

SF2);D. The BIDDER’S Proposed work schedule (Plan), (Schedule SF3); which must include the

following:a. Earliest possible Contract signing date (note deadline for submission of performance

bond and guarantee for advance payment),b. Earliest possible actual work commencement date and,c. Time required for the execution of the WORKS;

E. Methodology of the Works (Schedule SF4). The BIDDER must ensure that he is able to keep to the aforementioned schedule.

F. A bid bond in the form of CPO in the amount of 1% (one percent) of the total bid amount, valid for sixty (60) calendar days from the date of Opening.

G. A current registration certificate for VAT from the Federal/Regional Ministry of Finance.H. A copy of its renewed license (BC/GC Four ( 4) & above are acceptable)I. Copies of reference letters or testimonials of works carried out as listed in Schedule SF2J. The copy of the Contract Document Template in the bid documents initialled and sealed on

each page, indicating acceptance of the general conditions therein.K. Appendix 1: Company Details (including Vendor registration; Company Profile; and Declaration

regarding Personal and Legal circumstances)L. Appendix 2: General Terms and Conditions – stamped and initialled/signedM. Appendix 3: Submission Checklist – ticked

NB: All Standard Format considered here as (SF1-SF4) must be completed and put on original technical documents during sealing of the bid. The Employer will not evaluate a technical requirement which is not in the technical document

18. The BIDDER shall cover all costs related to the research for and preparation of the Bid. The EMPLOYER shall not be responsible for any of the BIDDER’S cost relating to the Bid regardless of the circumstances.

Clarification of Bid

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00185619. A prospective Bidder requiring any clarification of the Bidding Documents may notify the

EMPLOYER in writing or by fax at the EMPLOYER’S mailing address. The EMPLOYER will respond in writing to any request for clarification of the bidding documents that it receives no later than 5 days prior to the deadline for the submission of bids prescribed by it. Written copies of the EMPLOYER’S response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective Bidders, which have received the bidding documents.

Bid Security

20. Any bid not accompanied by an acceptable bid security shall be rejected by the EMPLOYER as "non-responsive". In the event that a bid security contains minor errors that require simple correction, the EMPLOYER may, at its sole discretion, allow the respective Bidder, via a written notice, a fixed time period within which the bid security may be corrected and re-submitted.

21. The bid security of the successful BIDDER will be returned when the BIDDER has signed the Contract and furnished the required performance security pursuant to article 36 of this document.

22. The unsuccessful Bidders’ bid securities shall be discharged / returned before the expiration of the period of bid validity prescribed by the EMPLOYER.

Language of Bid

23. All correspondence and submissions with respect to the Tender shall be in the English Language. Supporting documents and printed literature furnished by the BIDDER may be in another language provided they are accompanied by an accurate translation of the relevant passage in the above stated language, in which case, for purpose of interpretation of the tender, the translation shall prevail. Any translations must be performed by a translator holding a license to translate recognized by the courts and Government of Ethiopia.

Bid prices

24. The total Tender price submitted by the BIDDER shall include the duties, taxes and other levies as shown in the summary page of the Bill of Quantities.

Preparation of bid

25. It is essential that the prospective BIDDERS are familiar with the general area where the WORKS are to be performed before submitting their Tenders so as to ascertain the various working conditions, access to the construction sites and other factors, which can influence the Tender. BIDDERS must therefore complete the relevant "Certificate of BIDDERS Visit to the WORKS Area" (Schedule SF1)

26. BIDDERS must complete the Executed Work Summary of his Company SF2, to overview his previously performance and should be supplemented with recommendation letters from NGO/GO bodies. In the examination of Tenders and award to be given, due account will be taken of the BIDDERS past experience and performance in the execution of similar construction WORKS of comparable magnitude, and the degree to which he possesses the necessary technical and financial back ground to enable him to complete the work successfully within the Contract period. BIDDERS are therefore required to satisfy the EMPLOYER of their ability to perform the WORKS satisfactorily and to this end shall furnish details in the "Schedule of work satisfactorily carried out by the BIDDER", of Contracts of a similar nature and magnitude, which they have successfully executed in the past. It is important to include the value of the past contracts in Birr.

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00185627. BIDDERS must complete the “Work Schedule SF3” in allocating the required time frame work to

complete the work. The work scheduling must consider all the periods from seven (7) days after the contract Signing. The schedule also must consider the advance payment, requesting time, detail work in the bid document, handing over and payment settlement.

28. BIDDERS must complete the “Work Methodology SF4”

a) Summarized forms of all relevant working technical methods and approaches that will be followed during performing of the work to ensure quality of the work.

b) Elaborating the critical work phase and time of the work that needed to gate confirmation about ongoing quality of the work and receiving order for the next step from the client supervisor sides

c) The company staffing, Equipment’ and materials managing and control systems

29. If the BIDDER intends to subcontract any part of the works, the works to be subcontracted must be detailed in the bid and the maximum value of the subcontracted works should not be more than 20% of the total Contract amount. The EMPLOYER reserves the right to refuse permission to subcontract certain WORKS where this is deemed to be against the EMPLOYER’S interest.

30. The EMPLOYER or his duly appointed representative reserves the right to inspect the BIDDER'S plant and equipment during the tender period and prior to the award of the contract.

31. Within 7 days of receipt of the award of Contract notice, the successful BIDDER shall sign the Contract and return it to the EMPLOYER.

32. Within 7 days of receipt of award of Contract notice from the EMPLOYER, the successful BIDDER shall furnish to the EMPLOYER a performance security in the form of a bank or an insurance guarantee in the amount of twenty percent (20%) of the total Contract price and valid until the end of the Defects Liability Period.

33. The CONTRACTOR shall commence his work according to the time schedule submitted with the bid (form SF3). The advance payment shall NOT in any way be related to commencement date. Advance payment shall be effected to the CONTRACTOR by the EMPLOYER upon receipt of advance payment guarantee according to the relevant conditions of Contract.

Sealing and marking of bids

34. The Bidder shall seal the envelope in wax and deliver it in person to the EMPLOYER at the following address: GOAL Ethiopia Addis Ababa office, Tel: 011 6-47-81-16/17,

Deadline for submission of bids

35. Bids must be received by the EMPLOYER at the addresses specified in article 39 no later than 25 th - Sept - 2018, 04:00 PM GMT + 3 East African time.

Modification and withdrawal of bids

36. The Bidder may modify or withdraw its bid after the bid’s submission, provided that written notice of the modification, including substitution or withdrawal of the bids, is received by the EMPLOYER prior to the deadline prescribed for submission of bids. The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of article 39. No bid may be modified after the deadline for submission of bids. No bid may be

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001856modified or withdrawn in the interval between the deadline for submission of bids and the expiration of the bid validity period specified by the Bidder, unless requested by the EMPLOYER. Withdrawal of a bid during this interval may result in the Bidder’s forfeiture of its bid bond.

Opening of bids

37. Bids will be opened in the presence of Bidders or their legal representatives who choose to attend on 26 th – Sept – 2018, 02:00PM GMT +3 East African Time at GOAL Ethiopia head office, Addis Ababa, Yeka Sub city, Woreda 9, H. No. 508, Next compound to Kotebe, Woreda 9 Health Centre.

38. No Bidder shall contact the EMPLOYER on any matter relating to its bid, from the time of the bid opening to the time the Contract is awarded.

Tender Evaluation Process39. GOAL will convene an evaluation team which may include members of the Finance, Logistics,

Procurement Programmes, Donor Compliance and Internal Audit, as well as 3 rd Party technical input if applicable.

40. During the evaluation period clarifications may be sought in writing from Tenderers. Clarifications may include testimonials from customers in support of particular aspects of a tender, whether such aspects are contained in the original submission or in subsequent responses to requests for clarification. Deadlines will be imposed for the receipt of such clarifications and failure to meet these deadlines may result in the disqualification of the Tender or loss of marks. Responses to requests for clarification shall not materially change any of the elements of the proposals submitted. Unsolicited communications from Tenderers will not be entertained during the evaluation period.

41. The EMPLOYER will carry out Administrative checks and both Technical and Financial Evaluations based on pre-defined criteria. Please note that potential BIDDERS need to include all attachments and documents (eg: Appendices 1, 2 &3) to pass the initial administrative checks before being passed to evaluation of the bids. The following table details the various stages in the total evaluation of bids:

Phase #

Evaluation Process Stage

The requirements with which proposals must comply with

The first phase of evaluation of the responses will determine whether the tender has been submitted in line with the administrative instructions and has included all standard forms and information which have been stamped and signed/initialled by the company.

1 Administrative instructions including all forms stamped and signed – mandatory

1. Closing Date: Proposals must have met the deadline stated in section 36 of these Instructions to Tenderers, or such revised deadline as may be notified to Tenderers by GOAL. Tenderers must note that GOAL is prohibited from accepting any proposals after that deadline.

2. Submission Method: Proposals must be delivered in the method

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001856requirements specified in section 4 of this document. GOAL will not accept

responsibility for tenders delivered by any other method. Responses delivered in any other method will be rejected. e.g. sending the offer to a personal GOAL e-mail or any other mail address will automatically be rejected and should only be sent to [email protected]

3. Format and Structure of the Proposals: Proposals must conform to the Response Format laid out in section 18 of these Instructions to Tenderers or such revised format and structure as may be notified to Tenderers by GOAL. Failure to comply with the prescribed format and structure may result in your response being rejected at this stage.

4. Confirmation of validity of your proposal: The Tenderers must confirm that the period of validity of their proposal is not less than sixty (60) days.

The second phase of evaluation of the responses will determine whether the tender meets the essential criteria. Only those tenders meeting the essential criteria will go forward to the third phase of the evaluation.

2 Essential Criteria (Mandatory Requirements).

1. Relevant and Valid licenses to operate in Ethiopia, 2. BC/GC Four (4) & above or similar works type - certificate

of competency should be attached.3. Bid Security in the name GOAL- Ethiopia from a recognized

Bank only in the form of CPO (certified payment order) amounting 1% of the total bid offer for the works should be attached.

4. Contractors shall attach their previous good work performance letter from GO/NGO in similar types of works, minimum 3.

5. Adequacy and elaborated work plan (Schedule). Starting from agreement signed date (SF3).

6. Proposed Methodology for the works in this bid document ( SF 4)

7. Confirmation letter about the Site visit by the bidder in the works area confirmed by GOAL ET field office signature & stamp.

Each proposal that conforms to the Essential Criteria will be evaluated according to the Award Criteria given below – companies must pass the Technical stage to be evaluated financially. Tenderers are made especially aware that Technical

criteria account for 65% of the award; and Price 35% of the award. 3

3a

3b

Award Criteria

Technical (65%) – criteria 1,2 & 3

Financial (35%) – criteria 4

Tenders will be awarded marks under each of the award criteria listed in this section to determine the best value tenders.

1. Contractors previous work experience from GO/NGO in similar types of works.

2. Adequacy and elaborated work plan (Implementation plan).

3. Proposed Methodology for the works 4. Financial proposal (BOQ and Total price)

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mailto:[email protected]


001856N.B.: - all offers submitted to GOAL should comply with all requirements not be eliminated from consideration.

*** One contractor will be awarded maximum of 2 Lots. ***

Award of contract

42. The EMPLOYER will award the Contract to the successful Bidder whose bid has been determined to be substantially responsive and the best value bid when combining both technical and financial criteria. Prior to the expiration of the period of bid validity, EMPLOYER will notify the successful bidder in writing by letter or fax, email that his bid has been accepted. The notification of award will constitute the formation of the Contract.

43. GOAL-Ethiopia reserves the right to accept or reject any Bid, to annul the solicitation process and reject all Bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder(s) or any obligation to provide information on the grounds for the purchaser’s action.

44. BID DATA SHEET - The following specific data for the works to be procured shall Complement, supplement, or amend the provisions in the Instruction to bidders. Whenever there is a conflict, the provisions herein underlined shall prevail over those in the Instruction to Bidders.

No Data relevant to Bidders

A. Introduction

1 The procuring Entity is: GOAL Ethiopia

2

The project name or subject of the procurement is: for a Full Contract For a Construction of 134 Hollow Concrete Block Shelters (Lot-1, Lot-2 and Lot-3) in Berahle Refugee Camp , Berahle District , Zone Two Afar Region.

3 The procurement Reference Number is: 06-HRP-W-001856

4 The Bidding Document is issued under procurement Method: National tender

5 The permitted Method of communication are: Written by letter, email or fax

6 A Bidder shall submit with its bid the documentary evidence specified in ETB only.

B. Bidding Documents

7

For clarification purposes only, the procuring Entity’s address is:

GOAL Ethiopia; Yeka Sub city; Woreda 9; House No. 508; Next to Kotebe Woreda 9 Health Center; Addis Ababa; Tel: 011-6 47-81-16/17

C. Preparation of Bids

8 The language of the bid is: English 11 of 71


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9 The Bidder shall submit with its bid the documents mentioned in article 18.

10 The price quoted by the bidder shall show: Breakdown of Rates and Prices for all items.

11 Price quoted shall include the duties, taxes and other relevant as shown in the summary pages of the Bill of Quantities.

12 The currency of the bill shall be: Birr

13 The bid validity period shall be: 60 (Sixty) calendar days.

14 Bid security: amounting to 1% of the total offer

D. Submission and opening of Bids

15 In addition to the original of the bid, the number of copies required is: one

16 For bid submission purposes only, the procuring Entity’s address is:

GOAL Ethiopia; Yeka Sub city; Woreda 9; House No. 508; Next to Kotebe Health Center; Addis Ababa; Tel: 011-6-47-81-16/17

The deadline for bid submission is: Date and time: 25th Sept - 2018, 04:00 PM GMT +3 East African Time.

17 The bid opening shall take place at:

GOAL Ethiopia Head Office Compound at the indicated address above

Date and time: 26th – Sept -2018, 02:00 PM GMT +3 East African Time

E. Evaluation and Comparison of Bids

18 The evaluation methodology to determine the “best value” bid (highest technical ability and lowest price combination) – shall be as indicated

45. GOAL Ethiopia is committed to maintaining the highest standards in the conduct of all its activities, including the awarding of contracts. GOAL has established procedures upon which individuals and/or companies may call if they feel they have been discriminated against, unjustly treated or unfairly approached in relation to the award of a contract. MEAL: [email protected]), Phone call or SMS (+251 911-30-65-91), & oral or face to face at GOAL Ethiopia Head Office.

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PART III. SCHEDULE OF SPECIFICATIONS

1. General Provision

1.1. Scope and ApplicationThis Specification shall apply to the Water works and Civil Engineering works required in the construction of the WORKS as described in this document.

1.2. Requirements of Specifications The CONTRACTOR shall fulfil all requirements and obligations under all clauses of the Specification. Whether the following clauses of the Specification, any descriptions there in, nor the quantities shall limit the obligations of the CONTRACTOR under the conditions of Contract. Where items are not included in the bill of quantities for any such requirements or obligation, the cost of such requirements or obligations shall be deemed to be spread over all the items of the bill of quantities.

1.3. Approval of Materials and GoodsAll materials to be provided shall be new, unused and of the most recent manufactures and incorporate all recent improvements in design and materials unless otherwise provided in the Contract.

1.4. Samples and TestingWithout prejudice to any other clause in the Specification, the CONTRACTOR shall, before ordering any building materials or other articles for use and installation in the WORKS, seek the approval of the EMPLOYER. Materials for which the EMPLOYER has approved, samples shall be used only in those areas and locations for which the approval was granted. All costs in connection with conducting tests by an approved laboratory shall be included and covered by the provisional sum allowed in the bill of quantities.

1.5. CONTRACTOR'S Work ProgramThe CONTRACTOR with his Bid shall submit a program for the performance of the WORKS.

1.6. DrawingsThe whole of the WORKS shall agree in all particulars with the levels, dimensions and details contained in the construction drawings.

Bid Drawings16.1.1 Bid drawings are the drawings prepared by the EMPLOYER for the purpose of the Bid and furnished to the CONTRACTOR. The Bid Drawings show all relevant features of the WORKS in sufficient detail to enable the CONTRACTOR to assess correctly the nature and scope of the work requested from him and to price the Bill of Quantities forming part of the Contract document. Drawings could be modified by site Engineer according to the site situation.

Construction Drawings

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00185616.1.2 Construction drawings are Bid drawings confirmed for construction or any revisions to Bid drawings and additional drawings that may be prepared by the EMPLOYER or the CONTRACTOR for the purpose of the construction of the WORKS.

Additional Drawings16.1.3 The EMPLOYER may at any time during the Contract period issue such additional construction drawings, as he may deem necessary for the proper performance of the work.

1.7. Building for Temporary Use by CONTRACTORIf the CONTRACTOR constructs temporary stores and office the cost of providing CONTRACTOR'S temporary facilities shall NOT be covered by the client.

1.8. CONTRACTOR’S EquipmentAll CONTRACTORS' equipment used in the performance of the WORKS shall be of such type, size and of such method of working as specified in the Equipment Schedule (SF3). The cost of providing CONTRACTOR'S equipment for all purposes is considered to be uniformly spread over all the items of the bill of quantities.

1.9. Field recordsDuring the course of the WORKS, the CONTRACTOR shall maintain a fully detailed record of all changes from the approved drawing. Only changes that are approved by the EMPLOYER are allowable.

1.10. Water SupplyWater will be required for the purpose of curing, washing aggregates, making mortar and concrete and for office uses in and about the WORKS. The CONTRACTOR shall make his own arrangement.

2. Measurement and Payment

2.1 MeasurementMethods of measurement for payment are detailed in the sections of the specification covering the various work items.

2.2 Payment IncludedWhere a section of the specification does not specify a method of payment, payment for the work described in that section will be deemed to be included in another pay item or items, and no additional payment will be made.

3. CoordinationThe Contractor is solely responsible for the coordination of the Works including all Work performed by Sub-contractors (if any).

4. Submittal 4.1 SamplesMaterials for which samples have been approved by the Engineer shall be used only in those areas and locations for which the approval was granted. Materials for which samples have been rejected shall not be delivered to the site, or if delivered, shall be removed promptly.

4.2 PaymentNo additional payment will be made for this work. The cost of this work is deemed to be included in the price tendered for the supply and installation of the items for which submittals are required.

5. Mobilization5.1 MobilizationMobilization shall consist of preparatory work and operations including, but not limited to, those necessary to the movement of personnel, equipment, supplies and incidentals to the project site; and for all other work and operations which must be performed, or costs incurred prior to beginning work on the various items on the project site.

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0018565.2 DemobilizationDemobilization shall consist of cleanup work and operations including, but not limited to, those necessary to the removal of personnel, equipment, and incidentals from the project site.

5.3 PaymentPayment for mobilization and demobilization will be made at the lump sum price shown in the Tender Form. This price shall include the transport to site of all the Contractor’s equipment, materials and personnel, the establishment of a construction camp if required, and a site office for the Contractor. Seventy-five percent (75%) of the lump sum price will be paid on the first progress payment certificate due after the Contractor has established the operations and facilities specified. The remaining 25% will be paid upon completion of the contract and removal of equipment and cleanup of the work areas to the satisfaction of the Engineer.

6. Temporary structuresWhen temporary building facilities are no longer needed in construction, they shall be promptly dismantled, unless otherwise specified or directed, and removed from the site.

7. Material and EquipmentAll materials and equipment furnished under this Contract shall be first class in every respect and shall be constructed and finished in a workman like manner. Materials shall be suitable for the service intended and selected and fabricated in accordance with the best engineering practice. Equipment shall be modern in design and shall be furnished with the equipment.

7.1 Sand shall be clean, coarse-grained; river sand with a maximum grain size of 4mm. Sand shall contain no more than 5% silt, and shall be free of soil, clay, organic matter or other impurities.

7.2 Aggregates shall be hard, clean and free of all organic material, and shall be well graded between 6mm and 19mm in size.

7.3 The contractor shall provide all water needed on the site. Water used for mixing concrete shall be clean and free from oil, salt or suspended clay.

7.4 The reinforcing steel shall be free from oil, grease, dirt and paint. Any loose rust must be removed before use. All reinforcement bars shall be deformed & fixed and placed as indicated in the drawing.

7.5 Batching of concrete shall be done by means of approved gauging boxes. Hand mixing of concrete shall be done on a mixing platform of weak concrete of at least 2.5 meters diameter. Optionally, a portable mixing platform or concrete mixer may be brought to the site.

7.6 Mixing shall continue until there is a uniform distribution of the materials and the mass is uniform in color and consistency.

7.7 Concrete shall be used within thirty (30) minutes of mixing, otherwise it shall be discarded.7.8 Concrete shall be placed in all cases as nearly as possible directly to its final position and shall not

be allowed to flow in a manner to cause segregation.7.9 Cement mortar shall be composed of one part cement to three parts sand (1:3) and the

ingredients shall be thoroughly mixed until the cement color cannot be distinguished from the fine aggregate in any part of the mass and shall be uniformly wetted by means of a hose while undergoing further mixing. Cement mortar shall not be used in the WORKS later than one hour from the first wetting any mortar.

7.10 The stone used for masonry stand construction work shall be hard crystalline stone in large pieces free of cracks, or veins of soft matter.

7.11 All concrete works shall be protected from rapid drying for 7 days by a method approved by the supervising

8. Contract Close Out

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001856On completion of construction, the Contractor shall remove all temporary structures, rubbish, and waste materials resulting from his operations.

9. Site Preparation 9.1 ScopeThis specification refers to preparation of the site including clearing and grubbing, location and protection of existing installation and removal of existing installation.

9.2 Setting OutThe Contractor shall set out all work specified in this section on the basis of the drawings or instructions issued by the Engineer, or from reference points established on the Site by the Engineer to generally indicate the limits of the work.

9.3 PermitsThe Contractor shall obtain any permits which may be required for clearing trees and excavating or removing any structures.

9.4 Clearing and GrubbingThis work shall consist of clearing, grubbing, removing and disposing of all vegetation and debris which are within the Site, except vegetation and objects designated to remain. The work shall also include the preservation iron injury or defacement of all vegetation and objects designated to remain.

9.5 Measurement and PaymentPayment for clearing and grubbing will be made at the unit price per meter square shown in the Tender Form. This price shall include materials and all work incidentals thereto.

10. Excavation and Backfilling 10.1 ScopeThis specification refers to trench excavation and backfilling. Bedding material for pipe installation and backfill within the pipe zone is specified under a Section entitled Water Systems.

10.2 PermitsThe Contractor shall obtain any permits which may be required for trench excavation and crossing highways.

10.3 Setting OutThe Contractor shall set out all work specified in this section on the basis of the drawings or instructions issued by the Engineer / Site Supervisor, and from reference points established on the site by the Engineer / Site Supervisor. Such reference points shall be limited to commencement and termination locations, general alignment, and offsets from above ground structures and greater than normal depths.

10.4 Trench ExcavationTrench excavation shall be a minimum of 600mm width & 800mm depth. Trench excavation shall be classified as common or rock excavation.

10.4.1 Common or Ordinary Soil ExcavationThis shall mean materials yielding to ordinary excavation machinery or pick axes which will be classified as bulk, pot or continuous trench excavation.

10.4.2 Rock Excavation

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001856SOFT ROCK: Shall mean weathered or disintegrated materials which can be removed or excavated using excavators or shovels, or hand picks or tractor drawn tines or rippers for breaking up the materials.HARD ROCK: Shall mean materials of geological strata requiring the use of wedges, prismatic tools or drilling or blasting with a power-operated hand tool for the removal or boulders, pieces of concrete or masonry exceeding 1.0 m3 in volume.BOULDERS: Shall mean insolated volume of hard rock less than 1.0 m3 in ordinary soil or soft rock or above ground.

10.4.3 Base GravelMaterial for stabilization of trench bottom shall be 50 mm minus crushed gravel or crushed rock if required.

10.5 Native Backfill MaterialNative backfill material shall be material excavated from the trench, free from rocks larger than 200 mm in maximum dimension, and from rocks large roots, stumps, or other debris. It shall be capable of meeting the compaction requirements specified elsewhere herein. Any material which is incapable of meeting the compaction requirements at the time of construction will not be acceptable as backfill material.

10.5.1 Borrow Backfill MaterialBorrow backfill material shall be pit-run, granular, well-graded material free from rocks larger than 100 mm in maximum dimension and from large roots, stumps, or other debris. It shall be capable of meeting the compaction requirement specified elsewhere herein. Any material which is incapable of meeting the compaction requirements at the time of construction will not be acceptable as backfill material.

10.5.2 Placing BackfillIn order that consolidation of backfill is not hampered, trench water, if present, shall be removed prior to commencement of backfilling.

10.5.3 Disposal of Waste-Excavated MaterialSurplus-excavated material shall be removed from the trench area at the time of backfilling and shall not be left along the trench following completion of the backfilling operation.

10.6 Trench Settlement during Guarantee PeriodThe Contractor shall replace materials and rectify all failures that occur as a result of settlement of trench backfill or collapse of trench walls during the guarantee period.

10.6.1 Measurement and Payment10.6.1.1 Common trench excavation and backfillThis price shall include materials, excavation, de-watering, bracing and sheeting, backfilling, surface restoration and maintenance, and all work incidental thereto except those items for which payment is specified additional to that for common trench excavation and backfill.10.6.1.2 Trench Rock ExcavationPayment for rock excavation in trenches will be made at the unit price per cubic meter. Payment will be made for excavation of single boulders exceeding 1m3 in volume.

11. Scope This specification refers to water system installation.

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001856

12. Inspection The contractor shall notify the engineer when bedding, pipes valves and fittings are installed and ready for inspection. No items shall be backfilled until they have been approved by the Engineer. 12.1 Setting Out The contractor shall set out all works specified in this section on the basis of the drawings or instructions issued by the Engineer, from the reference points established on site by the Engineer. Such reference points shall be limited to commencement and termination of locations, general alignment, offsets from above ground structures. The drawings shall also show the type of surface in which the pipe is installed, i.e., paved road, graveled road, walk way, or unraveled road, and show offset distance from existing structures, buildings property lines or fences so as to adequately show the locations of the water works.

12.2 Bedding MaterialNative material may be used where approved by the Engineer. Where required granular material for bedding pipe shall be clean gravel, sand or crushed rock, evenly graded from fine to coarse, with a maximum size of 25 mm and 95% retained on a 0.075 mm screen

12.3 As- Built DrawingsThe contractor shall show on the as- built drawings the location of all pipes, valves and fittings as well as any existing pipes or underground structures encountered within 1meter of the water system. 12.4 Select Backfill for Pipe ZoneSelect back fill for pipe zone shall be material selected by the Contractor from the excavated trench material. It shall be well graded, with no particle size larger than 10 mm in its large dimension. It shall contain no hard lamps of or other objectionable material that might cause pipe damage or excessive settlement or prevent compaction. Where the excavated material does not meet the specification for select back fill for the pipe zone, the contractor shall provide this material from other sources.

12.5 Concrete Concrete for the trust block shall be made using normal Portland cement and shall develop a compressive strength not less than 25 Mpa in 28 days.

12.6 Bedding for Water Main The trench bottom should be smooth and free from stones, large dire and any solid materials. Generally, loose materials left by the excavator on the trench bottom will be adequate for bedding the pipe barrel so that it is fully supported. When the excavator cuts a very clean bottom, soft material can be shaved from the side walls to provide needed bedding. The bell coupling hole shall be dug such that the full barrel of the pipe is supported through its length.

For rocky or hard trench bottom Bedding material shall be placed to a minimum depth of 100 mm so that there are no voids under, or along the pipe and shall be compacted to 95% proctor density (ASTM D698) in lifts, each having a maximum compacted depth of 100mm.

12.7 Pipe Alignment The pipe shall be laid in accordance with drawings and instructions issued by the Engineer. The minimum depth of cover on mains measured from the top of installed pipe to the ground surface adjacent to the trench shall be 1.0 meters in areas subject to vehicular traffic and 0.5 in other areas

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001856unless otherwise shown in the drawings or ordered by the Engineer. Each pipe shall follow constant grade where ever practical.

12.8 Pipe Cutting Pipe cutting shall be carried out in a manner recommended by the pipe manufacturer using tools designed for this purpose. 12.9 Pipe Installation Pipe shall be checked before being lowered in to the trench to ensure there are no foreign material, manufacturer defect, cracks that might prevent the proper jointing of the pipe or its operation. Pipe and fittings shall be carefully lowered in to the trench in a manner that will prevent damage to the pipe or injury of workmen.

Pipe shall be joined in strict accordance with the manufacturer’s recommended practice. The open end of the pipe in the trench shall be suitably covered to prevent entrance of trench water and other material during period when pipe is not being installed.Precaution shall be taken to ensure the displacement of the pipe in the trench does not occur through soil displacement or flotation due to the presence of trench water. Pipe that has been displaced shall be removed from the trench and re-laid.

12.10 Joints at Rigid Structure A flexible joint shall be provided at locations where the pipe is held in fixed position by a rigid support or structure. The distance from the support or structure will depend on the diameter and type of pipe being installed and shall be in accordance with the pipe’s manufacturer recommendation.

12.11 Pipe at Fitting Short lengths of pipe shall be installed on both sides of all fittings and valves.

12.12 Horizontal and Vertical Curve Pipe on horizontal and vertical curve shall be laid true to the curve of the radius of offset shown on the drawings and in accordance with any field lines and grades for the curve supplied by the Engineer. Variations in the vertical curveAnd grades within the allowable joint deflection will be used where deemed expedient or economical by the engineer.

12.13 Deflection Unless otherwise specified, the amount of the pipe deflection at joints and couplings shall not exceed recommended by the manufacturer. 12.14 Fittings Fittings shall be installed at the locations shown on the drawings or as directed by the Engineer. They shall be properly, joined to the adjacent pipe and shall be adequately supported on bedding material so as to reduce the transmission of any undesirable load or stress to the adjoining pipe.

12.15 Valve Boxes Each valve shall be provided with a valve box which shall be installed plumb and centered over the key net of the valve. The vale box shall be set such that traffic loads are not transmitted to the valve. Valve box covers shall be set flush with the existing road surfaces, or as otherwise designated by the Engineer. Valve boxes shall provide for adjustment of the cover to a level 200 mm higher or 200 lower than the installed level for the future adjustment of the road or ground surface. The surface box shall be supported in place by a pre cast concrete block to prevent displacement on settlement of back fill

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001856as on the construction standard drawing. Back fill around the box shall be compacted to prevent excess settlement and displacement by traffic. In unraveled surfaces, stone masonry shall be constructed around the surface box to prevent its removal.

12.16 Air Valves and Boxes Air valves shall be installed on high points of transmission pipe lines as shown on the drawings and where ordered by the Engineer. Connections shall be made to the top of the pipeline as shown on the construction standard, complete with isolating valve, blow of piping and fittings.The surface box shall be installed over the air valve and be fitted with a suitable locking device.

12.17 Thrust Blocking Concrete thrust blocking shall be provided at all valves and fittings (crosses, tees, bends, caps, plugs, reducers). It shall be placed between undisturbed soil and the fitting. The area of trust block bearing shall be shown on the drawings. Care shall be taken to ensure that the concrete thrust blocking does not interfere with the operation of flange bolts and nuts or prevent proper operation of valves. Thrust blocking shall not be subjected to stress by pressurizing the water system or any other system or any other means until the concrete has attained a strength of 15 Mpa.

12.18 Backfilling in Pipe Zone After the pipe has been installed and bedded backfill material shall be placed by hand to a minimum depth over the pipe of 300mm. The material shall be thoroughly compacted using a hand hampers in lifts, each having a maximum compacted depth of 160 mm. Compaction shall be to 90% standard proctor density (ASTM D698).Pipe joints shall remain exposed until the pressure test has been completed. On completion of pressure test, selected backfill shall be placed over the exposed points.

12.19 Testing of Water MainsFollowing placing of backfill and prior to final backfilling of the trench pressure and leakage tests shall be performed on all valves, and fittings. Tests shall be conducted in the presence of the engineer.Lengths of mains for pressure testing shall be selected to meet construction conditions. Where possible sections may be isolated using installed valves; otherwise, sections of the pipe shall be plugged. Pipe joints shall be exposed. Sufficient backfill shall be placed on the pipe between the joints to ensure that displacement does not occur during testing. Leakage tests shall be carried out between valve sections of the installation such that every valve in the system is tested. Concrete trust blocking shall have set up sufficiently prior to testing to restrain fittings, hydrants, valves, or alternately, timber blocking shall be provided to prevent displacement.Pressure and leakage test shall be performed in the following manner. The installed pipe shall be filled slowly with water and all air expelled from the pipe. The average water velocity when filling the pipe line shall be less than 0.6m/s and preferably under 0.3m/s. if air- relief fittings are not available at high points in the test section, the pipe shall be tapped to release all air and approved plugs inserted on completion of testing.

12.20 Flushing The installed piping system shall be cleaned of dirt and other foreign materials. Flushing water shall be discharged to water courses ditches that have sufficient capacity to carry the flow.

12.21 Suspended Pressure Pipe

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001856Suspended pressure pipe shall be installed as shown in the drawings. The contractor shall design and supply all materials for anchoring the hanger rods to the bridge structure and obtain all necessary approvals from the appropriate authorities.

12.22 Measurement and Payment

12.22.1 Installation of PipeMeasurement will be made horizontally along the center line of the pipe. This price shall include transporting to the site and storing pipes and fittings supplied by the contractor himself, pipe installation, jointing, backfill with the pipe zone, flushing, except those items for which payment is specified additional to that pipe.

12.22.2 Gate valves and Valve BoxesPayment for gate valves and valve boxes will be made at the unit price per gate valve shown in the tender form. This price shall include transporting to the site and storing materials, installation of the valve, sleeve pipe and surface box, supply of concrete and installation of thrust blocking, supply and installation of a pre cast concrete slab to support the surface box and all incidental works thereto. No deduction will be made for pipe.

12.22.3 Valve KeysPayment for the shut-off keys will be deemed to be included in other pay items and no additional payment will be made

12.22.4 Imported Granular Bedding MaterialPayment for the supply of imported granular bedding materials shall be made at the unit price per volume shown in the tender form. Measurement will be made horizontally along the center line of the pipe of the design trench width and the compacted bedding depth as installed. No payment shall be made for native excavated material bedding.

12.22.5 Meter BoxesPayment for meter boxes will be made at the unit price per meter box shown in the Tender Form. This price shall include excavation, backfill, completion, supply of all materials including box, cover, chain and lock, installation of the box and work incidental thereto.

12.22.6 Air Valves and BoxesPayment for air valves and boxes will be made at the unit price for each type and size of air valve shown in the Tender Form. This price shall include transport to site of all Owner supplied materials, the supply of all other materials including concrete base, coarse drainage stone, reinforced concrete pipe, reinforced concrete top slabs, hooks chain, locking hardware and miscellaneous fittings, and all work incidental thereto.

13 Site Works13.1 Site preparation and site clearanceThe WORKS under this clause include site clearance and any demolitions that may be required, protection of any existing structure or element that must remain intact, etc.General clearing and grubbing work shall consist of scraping soft soil up to 200mm depth, clearing, grubbing, removing and disposal of all vegetation including trees of girth less than 0.15m, and debris, which are within the site, except vegetation and objects designated to remain. The work shall also include the preservation from injury or defacement of all vegetation and objects designated to remain. Community has the right to participate on site clearance, and demolishing of the existing structure. EPLOYEYER will not be forced to pay for community participation activities.

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001856

13.2 Removal of SodWhere excavation is made across private property over which the EMPLOYER has secured passage or right-of-way, the CONTRACTOR shall remove and carefully store sufficient sod and soil to repair damage caused to lawns.

14 Personnel14.1 The contractor shall provide an experienced coordinator to oversee pipe installation and

construction to be carried out under this contract. The name and work resume of the coordinator shall be included together with the contract.

14.2 The contractor will maintain a full crew on each construction work. If a member of a crew quits for personal reasons or if he must leave because of illness or injury, the contractor will replace him as soon as possible with a worker of similar experience.

14.3 If the Employer is dissatisfied with the performance of the group, such members shall be informed of their shortcomings and warned. If no change results within reasonable period, the contractor will be notified and requested to replace the unsatisfactory crew member.

Abbreviations used in the tender document

Abbreviation Unit

Mm

M

m2

m3

Km

Hr.

Ls

No.

E.C.

SF1-6

ITB

Pcs

Kg

HP

HC

Millimetre

Meter

Square meter

Cubic meter

kilo meter

Hour

Lump sum

Number

Ethiopian Calendar

SCHEDULE FORM 1-6

Instruction to Bidder

Pieces

Kilogram

Health Post

Health Center

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001856SCHEDULE OF FORMS (STANDARD FORMAT)

CERTIFICATE OF BIDDER’S VISIT TO THE WORK SITES

SCHEDULE FORM 1 [SF1] (B)

Construction of 134 Hollow Concrete Block Shelters (Lot-1-, Lot-2 and Lot-3)

No.

1 Date/ Duration of Visit

2 Site (s) Visited

3 Visitor’s Name (CONTRACTOR)

Name:

Signature:

4 Visitor’s Guide (Client/EMPLOYER)

Name:

Signature:

Stamp:

5. Remarks

Name of Bidder’s representative visiting site: ___________________________________

Signature: ___________________________________

Official Seal: _________________________________

DATE: ______________________________________

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001856

SUMMARY OF EXECUTED WORKS CARRIED OUT BY THE BIDDER

SCHEDULE FORM 2 [SF2]

Construction of 134 Hollow Concrete Block Shelters (Lot-, Lot-2 and Lot-3)

NO. Type of construction work

Employer/Client Value of Contract

(in Birr)

Duration

(weeks)

Dates

(From-to)

Commissioned (Yes/No)

Reason for not commissioning (if applicable)

1

2

3

4

5

Date: ___________________________ Signature: _______________________

Official Seal: _______________________

Note: please attach your testimonies (Certificate of Work accomplishment)

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001856

SCHEDULE OF INTENDED WORK PROGRAM

SCHEDULE FORM 3 [SF3- A for lot 1].

Construction of 134 Hollow Concrete Block Shelters (Lot-1)

SCHEDULE 5 [SF5] NO.

WORK ITEM DURATION [CALENDAR DAYS]

1st month (weeks)

2nd month

(weeks)

3rd month

(weeks)

1 2 3 4 1 2 3 4 1 2 3 4

1 Advance processing , Site Handing over

2 Mobilization

3 Excavation and Earth work

4 Masonry

5 Concrete

6 Hollow concrete block work

7 Carpentry and roofing work

8 Miscellaneous and finishing

9 Handing Over

Note: Use bars to fill chart

Date of WORKS commencement is 2 days after ‘’order to commence’’ is received by the CONTRACTOR.

SIGNATURE: ____________________ OFFICIAL SEAL: _____________________

DATE: ____________________

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001856SCHEDULE FORM 3 [SF3 – B FOR Lot 2].




1st month (weeks)

2nd month

(weeks)

3rd month

(weeks)

1 2 3 4 1 2 3 4 1 2 3 4


2 Mobilization


4 Masonry

5 Concrete




9 Handing Over




DATE: ____________________

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001856SCHEDULE FORM 3 [SF3 – C for Lot 3].




1st month (weeks)

2nd month

(weeks)

3rd month

(weeks)

1 2 3 4 1 2 3 4 1 2 3 4


2 Mobilization


4 Masonry

5 Concrete




9 Handing Over




DATE: ____________________

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001856METHODOLOGY OF WORK

SCHEDULE 4[SF4]

Construction of 134 Hollow Concrete Block Shelters (Lot-, Lot-2 and Lot-3)

Date: ___________________________ Signature: ______________________

Official Seal: _______________________

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001856

Summary of Bill of Quantities and Specifications for Lot-1, Berhale refugee camp, Berhale woreda for 45 hollow concrete block shelter

Construction Project

Project Price Summary

Total for One (1) hollow concrete block shelter (Lot-1), ETB ______________________________

Rebate, ETB _____________________________________________________

Total after Rebate, ETB __________________________________________

15% VAT, ETB ___________________________________________________

Grand Total after Rebate and VAT for One (1) hollow concrete block shelter,

ETB _____________________________________________________

Grand Total after Rebate and VAT for Forty Five (45) hollow concrete block

shelter, ETB _______________________________________

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001856

Bill of Quantities and Specifications for Lot-1, Berhale refugee camp, Berhale woreda for 45 hollow concrete block shelter Construction

Project

I. Price Summary for Berhale refugee camp, Berhale woreda (Lot-1) 45 hollow concrete block shelter

A. Sub Structure work

1. Excavation and Earth Work, ETB _______________________________

2. Masonry Works, ETB __________________________________________

B. Super Structure work

3. Concrete Works , ETB _____________________________________________

4. Roofing and Wall works , ETB ______________________________________

5. Door and Window works, ETB______________________________________

6. Carpentry Works , ETB ____________________________________________

Total for One hollow concrete block shelter (A+B), ETB __________________________________________________________________

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001856

Title : Bill of Quantities and Specifications

Project : Construction of 45 hollow concrete blocks shelters (Lot-1)

Location; Berhale refugee camp, Berhale woreda

Implementing Agency: GOAL Ethiopia

S/No Description of Works Unit Quantity Unit rate Total Amount

A. Sub Structure1 Excavation and Earth Works 1.1 Clear the site to remove vegetable soil to an average depth of

20cm.M2 45.3

1.2 Excavation for foundation to an average depth of 65cm M3 6.40

1.3 Backfill and compact with selected excavated soil material from site for the internal floor of the room

m3 4.96

Sub Total (1) Birr 2 Masonry Work

2.1 25cm thick hard core under masonry foundation wall m2 6.50

2.2 Construction of 40cm thick basaltic , trachytic or equivalent masonry foundation wall to an average depth of 60cm ( 20cm above ground level & 40cm below ground level) jointed with a cement sand mortar mix ratio of 1:3

m3 4.17

2.3 Pointing the external part of the hollow concrete block wall with a cement sand mortar mix ratio of 1:3

m2 48.49

2.4 Three coats of plastering to the internal wall faces of the hollow concrete block with a cement sand mortar mix ratio of 1:3

m2 46.30

2.5 Pointing the external part of the masonry wall with a cement sand mortar mix ratio of 1:3

m2 3.50

Sub Total (2) Birr B. Super structure

3 Concrete Work

3.1 10cm thick mass concrete class C-5, 150 kg cement / m3 concrete, over masonry foundation wall

m3 0.65

3.2 15cm thick reinforced concrete, C-25, 360 kg cement/m3 of concrete filled in to HCB and U shaped concrete and vibrated around

m3 2.20

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001856reinforcement for top tie beams and columns, as ordered by the site engineer

3.3 Steel reinforcement according to drawing, bend & placed in position, price shall include cutting, bending and placing in position & tying wires


a) Ø10mm reinforcement bar for columns and for top tie beam concrete poured in to U shaped HCB

Kg 53.16

b) Ø 6mm reinforcement bar for columns Kg 8.2 Sub Total (3) Birr 4 Roofing & Wall work 4.1 Wall, made of 15cm thick hollow concrete block jointed with

cement sand mortar of 1:3 mix ratio. Price includes laying a one course of hollow concrete block lining above roof on two sides for wind protection, a HCB having two dimensions of 20cm and 15cm thickness at the four corners for erecting RCC columns and U shaped 20cm thick concrete blocks for top tie beam, as ordered by the site engineer

m2 48.49

4.2 Roof cover including ridge G-32, approved by Ethiopian Quality and Standards Authority corrugated iron sheet nailed to 8cm diameter eucalyptus purlin as proposed by the site Engineer

M2 26.88

4.3 Supply and install a rectangular hard wire mesh of diameter 1mm for ventilation (3.30mx0.4m) at the back top of the wall welded in to a 2mm thick angle iron all round, partition the mesh wire at 110cm interval with a 2mm thick and 2cm wide metal sheet. Price includes supply of all the required materials, welding in to angle iron and metal sheet, and fixing

m2 1.32

Sub Total (4) Birr 5 Door & Window 5.1 All doors & windows shall be fabricated from G-32 CIS

approved by Ethiopian Quality and Standards Authority nailed in to wooden purlin members of size 5cmX7cm which shall be well seasoned, straight and free of harmful defects. Each frame members shall be firmly connected by iron bands, both sides are provided with simple iron bolt locks. The door and window shall be fixed to the surrounding external wooden frames of thickness 2.5cm and width 20cm by hinges at three and two locations respectively

a) Door Size 2mX1m No 1 b) Window Size 1mX1m No 1 Sub Total (5) Birr 6 Carpentry work 6.1 Beam & Poles shall be well seasoned, straight and free of

harmful defects. Each joint and members shall be firmly

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001856connected with strips of iron band. Price shall include approved 1 coat of anti-termite paint to eucalyptus membrane and purlins

a) Ø 10cm eucalyptus common rafter ( Awuraji) ,members for roofing well reinforced with iron band with Fiyato to the top tie purlins , Minimum Length 2.35m

Pcs 10


b) Ø 8cm Eucalyptus wood purlins for nailing of Corrugated iron Sheets , spaced at 80 cm

M 44.8

c) Ø 12 cm eucalyptus vertical and diagonal truss members M 19.25

d) Ø 12cm eucalyptus horizontal bracing rest on the wall & supporting verticals & diagonal truss members

M 23

e) Ø 12cm Eucalyptus Horizontal Bracing for Common Rafter rest each 5.6m length

pcs 2

Sub-Total (6) Birr

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001856





Rebate, ETB _____________________________________________________


15% VAT, ETB ___________________________________________________


ETB _____________________________________________________

Grand Total after Rebate and VAT for Forty Five (45) hollow concrete block

shelter, ETB _______________________________________

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001856


Project.

II. Price Summary for Berhale refugee camp, Berhale woreda (Lot-2) 45 hollow concrete block shelter









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001856







A. Sub Structure1 Excavation and Earth Works 1.1 Clear the site to remove vegetable soil to an average depth

of 20cmM2 45.3



m3 4.96




m3 4.17


m2 48.49

2.4 Three coats of plastering to the internal wall faces of the hollow concrete block with a cement sand mortar mix ratio of 1:3

m2 46.30


m2 3.50


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0018563 Concrete Work


m3 0.65

3.2 15cm thick reinforced concrete, C-25, 360 kg cement/m3 of concrete filled in to HCB and U shaped concrete and vibrated around reinforcement for top tie beams and columns, as ordered by the site engineer

m3 2.20




Kg 53.16

b) Ø 6mm reinforcement bar for columns Kg 8.2 Sub Total (3) Birr 4 Roofing & Wall work 4.1 Wall, made of 15cm thick hollow concrete block jointed

with cement sand mortar of 1:3 mix ratio. Price includes laying a one course of hollow concrete block lining above roof on two sides for wind protection, a HCB having two dimensions of 20cm and 15cm thickness at the four corners for erecting RCC columns and U shaped 20cm thick concrete blocks for top tie beam, as ordered by the site engineer

m2 48.49


M2 26.88


m2 1.32

Sub Total (4) Birr 5 Door & Window 5.1 All doors & windows shall be fabricated from G-32 CIS

approved by Ethiopian Quality and Standards Authority nailed in to wooden purlin members of size 5cmX7cm which shall be well seasoned, straight and free of harmful defects. Each frame members shall be firmly connected by iron bands, both sides are provided with simple iron bolt

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001856locks. The door and window shall be fixed to the surrounding external wooden frames of thickness 2.5cm and width 20cm by hinges at three and two locations respectively

a) Door Size 2mX1m No 1 b) Window Size 1mX1m No 1 Sub Total (5) Birr 6 Carpentry work 6.1 Beams & Poles shall be well seasoned, straight and free of

harmful defects. Each joint and members shall be firmly connected with strips of iron band. Price shall include approved 1 coat of anti-termite paint to eucalyptus membrane and purlins.

a) Ø 10cm eucalyptus common rafter ( Awuraji) ,members for roofing well reinforced with iron band with Fiyato to the top tie purlins , Minimum Length 2.35m

Pcs 10



M 44.8

c) Ø 12 cm eucalyptus vertical and diagonal truss members

M 19.25


M 23


pcs 2

Sub-Total (6) Birr

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001856





Rebate, ETB _____________________________________________________


15% VAT, ETB ___________________________________________________


ETB _____________________________________________________

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001856

Grand Total after Rebate and VAT for Forty Four (44) hollow concrete block

shelter, ETB _______________________________________


Project

III. Price Summary for Berhale refugee camp, Berhale woreda (Lot-3) 44 hollow concrete block shelter







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001856









A. Sub Structure1 Excavation and Earth Works 1.1 Clear the site to remove vegetable soil to an average depth

of 20cm.M2 45.3



m3 4.96




m3 4.17


m2 48.49

2.4 Three coats of plastering to the internal wall faces of the m2 46.30

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001856hollow concrete block with a cement sand mortar mix ratio of 1:3


m2 3.50


3 Concrete Work


m3 0.65

3.2 15cm thick reinforced concrete, C-25, 360 kg cement/m3 of concrete filled in to HCB and U shaped concrete and vibrated around reinforcement for top tie beams and columns, as ordered by the site engineer

m3 2.20




Kg 53.16

b) Ø 6mm reinforcement bar for columns Kg 8.2 Sub Total (3) Birr 4 Roofing & Wall work 4.1 Wall, made of 15cm thick hollow concrete block jointed

with cement sand mortar of 1:3 mix ratio. Price includes laying a one course of hollow concrete block lining above roof on two sides for wind protection, a HCB having two dimensions of 20cm and 15cm thickness at the four corners for erecting RCC columns and U shaped 20cm thick concrete blocks for top tie beam, as ordered by the site engineer

m2 48.49


M2 26.88


m2 1.32

Sub Total (4) Birr

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0018565 Door & Window 5.1 All doors & windows shall be fabricated from G-32 CIS

approved by Ethiopian Quality and Standards Authority nailed in to wooden purlin members of size 5cmX7cm which shall be well seasoned, straight and free of harmful defects. Each frame members shall be firmly connected by iron bands, both sides are provided with simple iron bolt locks. The door and window shall be fixed to the surrounding external wooden frames of thickness 2.5cm and width 20cm by hinges at three and two locations respectively

a) Door Size 2mX1m No 1 b) Window Size 1mX1m No 1 Sub Total (5) Birr

6 Carpentry work 6.1 Beams & poles shall be well seasoned, straight and free of

harmful defects. Each joint and members shall be firmly connected with strips of iron band. Price shall include approved 1 coat of anti-termite paint to eucalyptus membrane and purlins.

a) Ø 10cm eucalyptus common rafter ( Awuraji) ,members for roofing well reinforced with iron band Fiyato to the top tie purlins , Minimum Length 2.35m

Pcs 10

S/No. Description of Works Unit Quantity Unit rate Total Amount


m 44.8

c) Ø 12 cm eucalyptus vertical and diagonal truss members

M 19.25


M 23


pcs 2

Sub-Total (6) Birr I also confirm that GOAL may disclose information submitted by me during this procurement procedure to its officers, employees, agents or advisors, or third-party auditors, investigators, government bodies or law enforcement agencies. I understand and consent that by taking part in this procurement procedure, the information submitted thereunder may be shared with those persons and/or bodies, even if deemed confidential or commercially sensitive.

Signature and stamp

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001856

DRAWINGS

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001856

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ITT for the construction of 134 Hollow Concrete Block Shelters (Lot-1, Lot-2 and Lot-3) in Berahle Refugee Camp, Berahle woreda, Zone Two, Afar Region.PR No. 06-HRP-W-001856

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001856

PART IV. SAMPLE CONTRACT (the contract terms might be different or there might be an additional provisions that might be added to the contract at the time of the conclusion of the contract)

Contract No.:_______________

GOAL Ethiopia

Addis Ababa

Tel: 011 6 45 12 47/49/52, Fax: 0116478118

Full Contract For a Construction of 134 Hollow Concrete Block Shelters (Lot-1, Lot-2 and Lot-3) in Berahle Refugee Camp , Berahle District , Zone Two Afar Region.

Preamble

Whereas GOAL ETHIOPIA is planning to carry out …... hereinafter referred as the “WORKS” as described in this Contract, the Specification and the Bill of Quantities. This Contract is based upon the unit prices in the bid documents submitted By Ato ____________________________.

Whereas Ato __________________________ has shown interest to bid for ……., hereinafter construction works and has subsequently won and is awarded the tender based on its capacity and capability to do the job.

Now therefore,

GOAL ETHIOPIA

Herein after referred to as “EMPLOYER”

Represented by ______________________________

And

(Contractor/ Enterprise)

Hereinafter referred to as “CONTRACTOR”

REPRESENTED BY Ato ___________________________have entered into an agreement on __/__ /2016 on the following terms and conditions

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001856

DEFINITIONS

The BID DOCUMENTS means all the documents submitted by the CONTRACTOR in response to the invitation to bid, released by the EMPLOYER pertaining to the WORKS in this Contract as required by the Tender Guidelines and Regulations.

The BILL OF QUANTITIES means the priced and completed Bill of Quantities forming part of the Bid Documents.

The CONTRACT is the Contract between the EMPLOYER and the CONTRACTOR to execute, complete, and maintain the WORKS. It consists of the documents listed in clause 15.1 below.

The EQUIPMENT SCHEDULE is the detailed list of the Contractor’s construction equipment and vehicles brought temporarily to the site to perform the WORKS, and exclusively available for the performance of the WORKS pertaining to this Contract only.

The SPECIFICATION means the Specification of the WORKS included in the Contract and any modification or addition made or approved in writing by the EMPLOYER.

The WORKS are what the Contract requires the CONTRACTOR to perform, construct, install, and turn over to the EMPLOYER, as per the Object of the Contract stated in article 1 of this Contract.

DAYS are calendar days.

MONTHS are calendar months.

DAY’S WORKS are varied work inputs subject to payment on a time basis for the CONTRACTOR'S Employees and Equipment, in addition to payments for associated materials and plant.

A DEFECT is any part of the WORKS not performed in accordance with the Contract

The DEFECTS LIABILITY CERTIFICATE is the certificate issued by EMPLOYER upon correction of defects by the CONTRACTOR.

The DEFECTS LIABILITY PERIOD is the period during which the CONTRACTOR is obligated to fix any and all defects indicated by the EMPLOYER, wholly at the CONTRACTOR’S expense. Any defect identified by the EMPLOYER to the CONTRACTOR during the defects liability period shall be fixed by the CONTRACTOR, even if the defects liability period expires during the process of the corrective works, and in fact shall be deemed to have been extended to times within which all defects identified within the original defects liability period are rectified to the EMPLOYER’S full satisfaction The defects liability period shall be extended for 70 days from the date of finishing any corrective works identified during the original defects liability period.

DRAWINGS include drawings, sketches, calculations and other information provided or approved by the EMPLOYER for the execution of the Contract.

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001856 The EMPLOYER is the party who employs the CONTRACTOR to carry out the WORKS.

The INITIAL CONTRACT PRICE is the Contract price listed in the EMPLOYER'S award of Contract notice and stated in the CONTRACT, and in agreement with the priced and corrected Bill of Quantities.

The INTENDED COMPLETION DATE is the date on which it is intended that the CONTRACTOR shall complete the WORKS. The intended completion date is specified in the Contract Data. The intended completion date may be revised only by the EMPLOYER by issuing an extension of time or an acceleration order.

MATERIALS are all supplies, including consumables, used by the CONTRACTOR for incorporation in the WORKS.

The SUPERVISING ENGINEER is the person named in the Contract Data (or any other competent person appointed by the EMPLOYER and notified to the CONTRACTOR, to act in replacement of the Supervising Engineer named in the Contract Data) who is responsible for inspection of the execution of the work and administering the Contract.

The SITE is the area defined as such in the Contract Data.

The STARTING DATE is given in the Contract Data. It is the latest date when the CONTRACTOR shall commence execution of the WORKS. It does not necessarily coincide with any of the site possession dates.

A SUBCONTRACTOR is a natural person or persons or a legally established corporate body who has a Contract with the CONTRACTOR to carry out a part of the work in the Contract, which includes work on the site.

TEMPORARY WORKS are WORKS designed, constructed, installed, and removed by the CONTRACTOR that are needed for construction or installation of the WORKS.

The RESIDENT ENGINEER is a qualified and suitably experienced construction engineer, building engineer employed by the CONTRACTOR who shall be responsible for the oversight and supervision of all of the WORKS and who shall be the Contractor’s representative on site for all communications with the EMPLOYER at sight level. The Resident Engineer shall be present at all times on the site when the WORKS or part of the WORKS is in progress.

INTERPRETATION

A. In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The EMPLOYER will provide instructions clarifying queries about these conditions of Contract.

B. If sectional completion is specified in the Contract Data, references in the Conditions of Contract to the WORKS, the completion Date, and the Intended Completion Date apply to any section of the WORKS (other than references to the Completion Date and Intended Completion Date for the whole of the WORKS).

1. ARTICLE 1: OBJECT OF THE CONTRACT

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001856

1.1. For a Full Contract For a Construction of 134 Hollow Concrete Block Shelters (Lot-1, Lot-2 and Lot-3) in Berahle Refugee Camp , Berahle District , Zone Two Afar Region.the EMPLOYER awards and the CONTRACTOR accepts and undertakes to perform for the account of GOAL Ethiopia all the WORKS in all respects according to the rules of the profession, CONTRACTOR’S accepted Priced Bill of Quantities, and documents stipulated in sub-article 15.1 making an integral part hereof, as well as according to the Standard Conditions of Contract for Construction of Civil Work Projects, December 1994, Ministry of WORKS and Urban Development.

1.1. For the purposes of this Contract, the handover of the site, from the EMPLOYER to the CONTRACTOR, is deemed to have been completed on the date of the signature of this Contract by both parties.

2. ARTICLE 2: VALUE OF THE WORKS

2.1. The TOTAL CONTRACT VALUE of the WORKS to be performed here under is ETB ___________ (Ethiopian Birr_________________________ only). This amount is determined on the basis of mutually reconciled and required quantities unit rates and lump sum prices that include also labour from the CONTRACTOR as indicated in the CONTRACTOR’S Priced Bill of Quantities.

2.2. The EMPLOYER will, if possible and legally justified, send to the CONTRACTOR written statements on VAT exemption from authorized Government authorities. If the EMPLOYER could not produce such official exemption document, it has to pay to the CONTRACTOR 15% (fifteen percent) VAT on the total actual amount paid for the WORKS.

2.3. All other taxes, duties and levies of any kind related to this project shall be borne by the CONTRACTOR.

2.4. The TOTAL CONTRACT VALUE stated in sub-article 2.1 of this Contract includes also complete transportation of material and labour to the WORKS execution site, the acceptance and keeping material until installation and provisional acceptance of the facility being constructed /repaired.

2.5. The CONTRACTOR accepts that the EMPLOYER can reduce or increase the execution of Contracted WORKS, whereas the Contracted unit rates of the WORKS remain unchanged. However, if an increase of the WORKS EXCEEDS 20 % (TWENTY PERCENT) of the total Contract value, the case shall be handled as stipulated in SUB-ARTICLE 8.3 of this Contract.

2.6. The EMPLOYER will not pay for any WORKS that have not been executed in accordance with the description of the WORKS from the accepted offer, regardless of the degree of their completion, unless corrected and completed in accordance with the exact description of the WORKS.

3. ARTICLE 3: MODE OF PAYMENT

3.1. The payment under this Contract will be made according to the following conditions:

3.2. GOAL is not encouraged to pay advance payment. However; The CONTRACTOR can submit to the EMPLOYER an advance payment guarantee in the form of a bank guarantee equal to 20% of the total Contracted amount stipulated under sub-article 2.1 within seven (7) days after the date of the signing of the Contract, and GOAL will pay the Advance payment. The bank guarantee shall be valid from the date of signing of the Contract and for /-- ----/ in words/ days thereafter, but shall become void upon issuance of the provisional acceptance certificate to the CONTRACTOR by the EMPLOYER.

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0018563.3. The EMPLOYER will make advance payment in favour of the CONTRACTOR’S account in the amount of

20 % of the total Contracted amount stipulated under sub-article 2.1 which makes ETB ___________ (Ethiopian _____________only) within seven (7) days after the CONTRACTOR produces a bank guarantee for the same amount as per relevant condition of contract.

3.4. The CONTRACTOR shall submit interim payment certificates to the EMPLOYER, after the completion of each structure showing the actual Contract value of the WORKS executed up to the end of the month. The EMPLOYER will pay the amount indicated in the payment certificate less the 20% advance, less previous payments and less 5% for retention.

3.5. The quantities set out in the Bill of quantities are estimated quantities of the WORKS, and should not be taken as actual and final quantities of the WORKS to be executed by the CONTRACTOR in fulfilment of his obligation under the Contract. Each interim payment shall, therefore, be effected as per the actual WORKS executed and measured on the basis of unit and lump sum prices agreed upon in the Priced Bill of Quantities.

3.6. The EMPLOYER will check the payment certificate for completed WORKS, verify and pay for the indisputable value of the WORKS within 15 (fifteen) calendar days upon receiving the CONTRACTOR’S payment certificate. In case of delayed payment, the EMPLOYER shall pay bank interest, at the prevailing rate, on the defaulted amount.

4. ARTICLE 4: PERFORMANCE SECURITY

4.1. Within 7 (seven) days after the signature of this Contract, the CONTRACTOR shall furnish to the EMPLOYER a performance security in the form of Bank guarantee or Insurance bond in the amount of 10% (TEN PERCENT) of the total Contract price, which shall remain valid until the completion of the defects liability period and after the completion and handover of all WORKS pertaining to this Contract. In the event of delays in the completion of the Contract WORKS, the performance security shall be extended according to the duration of the delay upon provisional acceptance of the WORKS by the EMPLOYER. If the contractors do not submit performance security, GOAL will retain 10% retention as performance security for 270 - 360 days after provisional acceptance.

4.2. The performance security to be provided by the CONTRACTOR shall be issued by a local Bank or Insurance Company registered at the National Bank of Ethiopia and shall be in accordance with the conditions of this Contract.

4.3. After the completion of the whole of the works and issuance of provisional acceptance certificate by the EMPLOYER, the CONTRACTOR shall extend the performance security until the date of expiry of the defects liability period in order to get repaid the retention money as stipulated in sub-article 11.4 of this contract.

5. ARTICLE 5: OBLIGATIONS OF THE CONTRACTOR

5.1. The CONTRACTOR shall provide all the necessary qualified and experienced labor, and shall provide adequate equipment, machinery and all other material whether of temporary or permanent nature required in and for such execution, maintenance and completion of the WORKS. The CONTRACTOR designates Ato Oumer Belay as a Resident Engineer.

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0018565.2. The equipment and materials to be used for the WORKS pertaining to this Contract shall be in

accordance with the ‘Equipment Schedule’, submitted by the CONTRACTOR. No changes shall be made without the prior written agreement of the EMPLOYER.

5.3. The CONTRACTOR shall, with due care and diligence, execute and maintain the WORKS, provide and pay for labour including the supervision thereof, and all other materials, whether of a temporary or permanent nature, required in and for such execution, maintenance and completion of the WORKS.

5.4. The CONTRACTOR is obliged, to observe that all the executed WORKS, as well as installed materials hereunder are of required quality, in all respects according to the agreed terms under this Contract.

5.5. The CONTRACTOR is obliged to conduct all operations and activities concerning the execution of WORKS in all respects according to the effective regulations governing the subject matter of construction/repair of facilities according to the site situation of the WORKS. The EMPLOYER shall bear no responsibility in case the CONTRACTOR fails to observe the regulations.

5.6. The CONTRACTOR undertakes to notify the EMPLOYER about any unforeseen circumstances and events that may hinder the completion of WORKS within the set time schedule promptly in writing, maximum within 48 hours from the moment of appearance of the unforeseen circumstances and requesting an extension of time, as to consider the extension of time.

5.7. For the performance of certain WORKS of special nature, the CONTRACTOR can avail of the service of other specialized companies, retaining thereby all liabilities stipulated hereunder. In case of engagement of subcontractors, the full liability continues to remain with the CONTRACTOR and in solidarity with the subcontractors.

5.8. The CONTRACTOR is obliged to notify the EMPLOYER in writing on the intention of engaging other CONTRACTORS prior to signing of Contracts with them. The maximum percentage of engagement of all subcontractors is 20% (twenty percent) of the total Contract amount. The EMPLOYER has the right to refuse the engagement of any subcontractors unless this has been detailed in advance in the bid documents.

5.9. From the commencement of the WORKS until the provisional acceptance of the same by the EMPLOYER, the CONTRACTOR is obliged to insure all WORKS, materials, tools and equipment from any possible damage or misappropriation. Otherwise, the CONTRACTOR shall be liable for any damage caused by negligence or carelessness.

5.10. The CONTRACTOR shall secure the necessary insurance coverage where he might be held accountable for compensation of damage, debt claim to any person or his/her successor, if the subject person in the capacity of passer-by or person employed by the CONTRACTOR or subcontractor for the execution of the WORKS, or persons employed by the EMPLOYER present on site, suffers bodily injury or is killed on or around the work site due to causes related to the performance of the CONTRACTOR under this Contract.

5.11. The CONTRACTOR shall provide, in the joint names of the EMPLOYER and the CONTRACTOR, insurance cover from the start to the end of the defects liability period, in which the amounts and deductibles are stated in the Contract Data for the following events (as per sub-articles 5.9 and 5.10):

a) Loss of or damage to the works, plant and materials;b) Loss of or damage to equipment;c) Loss of or damage to property (except works, plant, materials, and equipment, covered above) in

connection with the contract; and52 of 71


001856d) Personal injury or death

5.12. The CONTRACTOR shall deliver policies and certificates for the insurance to the EMPLOYER for approval within seven (7) days of the date signing of the Contract. All such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred.

5.13. If the CONTRACTOR does not provide any of the policies and certificates required within 7 days of the signing of the Contract, the EMPLOYER may affect the insurance which the CONTRACTOR should have provided and recover the premiums the EMPLOYER has paid from payments otherwise due to the CONTRACTOR or, if no payment is due, the payment of the premiums shall be a debt due, deductible from the first three interim payments.

5.14. Alterations to the terms of insurance shall not be made without the approval of the EMPLOYER. Both parties shall comply with any conditions of the insurance policies.

5.15. The CONTRACTOR has the duty throughout the entire period of the construction/repair to keep a book of measurement fully in compliance with the effective procedure. A duplicate copy of the site book shall be held by the EMPLOYER. Both the CONTRACTOR’S copy and the EMPLOYER’S copy of the site book shall be signed by the assigned on-site representatives of both parties to this Contract.

5.16. The CONTRACTOR must provide to the EMPLOYER’S authorized person, permanent supervision and control of the quantity and quality of used material, through direct insight on site.

5.17. The CONTRACTOR is obligated to provide, at the EMPLOYER’S request, all necessary reports that pertain to the execution and quality of the WORKS, as well as to any other circumstances related to the execution of this Contract.

5.18. The CONTRACTOR is at any time obligated, within the defects liability period, to promptly remove all defects or irregularities on the completed WORKS at the CONTRACTOR’S own expense, upon the first written request by the EMPLOYER.

5.19. The CONTRACTOR shall be responsible for obtaining the water required for construction in a timely manner. The EMPLOYER, however, shall, if required, cooperate and deal with the local authorities for getting permission for the use of local water sources by the CONTRACTOR from available sources in the surrounding areas of the WORKS.

6. ARTICLE 6: OBLIGATIONS OF THE EMPLOYER

6.1. The EMPLOYER shall, if required, genuinely attempt to deal with the local authorities and local community to ensure access to the construction site for the CONTRACTOR. Should delay occur due to the absence of access roads or a lack of permission to enter the construction site, the CONTRACTOR shall be entitled to a time extension equal to the time lost. The EMPLOYER shall not be deemed responsible for delays in access resulting from such circumstances that may create obstacles towards the construction of access roads.

6.2. The EMPLOYER shall approve payment certificates and effect payment to the CONTRACTOR as stipulated in article 3.6 of this Contract. If payment is delayed, the EMPLOYER shall be liable to pay interest to the CONTRACTOR as stipulated in article 3.6 of this Contract.

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0018566.3. As its representative as Supervising Engineer who shall be responsible to The EMPLOYER hereby

appoints Ato______________________ inspect the WORKS and to give decision with regard to the execution of the WORKS from time to time, thereby dealing with the CONTRACTOR or his representative. The EMPLOYER shall notify the CONTRACTOR in writing concerning any changes of its representative, whether permanent or temporary.

6.4. The EMPLOYER will not be deemed liable for compensation of damages, debt claim to any person, regardless of how the damage had occurred if the CONTRACTOR suffers any damage due to theft of material, tools and equipment.

7. ARTICLE 7: COMMENCEMENT, DELAYS AND LIQUIDATED DAMAGES

7.1. The CONTRACTOR shall start execution of the WORKS within (7) seven calendar days from the date of signing of the Contract and shall complete and hand over a full Contract for a Construction of 134 Hollow Concrete Block Shelters (Lot-1, Lot-2 and Lot-3) in Berahle Refugee Camp, Berahle woreda , Zone Two Afar Region within 90 (Ninety) calendar days to the EMPLOYER from the date of signing of the Contract. In the case the CONTRACTOR is late in starting the execution of the WORKS by more than 7 days, the EMPLOYER has the right to cancel the Contract and engage another CONTRACTOR, without prejudice to any claim for damages.

7.2. In the case the CONTRACTOR has not completed all the WORKS within the term specified hereunder due to unjustified reasons, for each working day delay in the completion of the WORKS, the CONTRACTOR shall pay to the EMPLOYER a sum equal to 0.1% of the total Contract price per day as liquidated damages. However, the maximum amount of the liquidated damages shall not exceed 10% (ten percent) of the total Contract price.

7.3. The CONTRACTOR shall not be responsible for delays caused by Force Majeure, or occurring due to causes acceptable to the EMPLOYER. In such cases, the CONTRACTOR shall be entitled to extension of time equal to the period lost due to such event.

7.4. In case the CONTRACTOR, is unable to complete the WORKS, due to his fault or negligence, within the specified time indicated in article 7.1 of this Contract, or if the WORKS are in delay by more than 15 (Fifteen) days from the completion time stated in sub-article 7.1, the EMPLOYER is entitled to engage another CONTRACTOR until the completion of the WORKS. The actual and borne costs related to the introduction of another CONTRACTOR for the execution of the WORKS shall be borne by the CONTRACTOR. The payment will be made only for those items of the WORKS that have been fully completed. Any issues concerning the quantity of performed WORKS and payments shall be settled upon mutual written agreement and the agreement will make an integral part of this Contract.

7.5. If the CONTRACTOR suffers delays or incurs costs due to failure on the part of the EMPLOYER in handing over the WORKS site, due to inaccessibility of any site and due to lack of timely decision during the work progress, the CONTRACTOR is entitled to an extension of time proportional to the time lost for the completion of the WORKS.

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001856

8. ARTICLE 8: VARIATION ORDERS

8.1. The EMPLOYER or EMPLOYER’S representative, May at any time or from time to time, give variation orders in writing related to addition, deletions or revisions in the WORKS. The extra WORKS will be measured on the basis of quantities from the measurement book, unit and lump sum prices from the CONTRACTOR’S Priced Bill of Quantities.

8.2. The EMPLOYER will not pay any extra WORKS that have not been approved in writing by the EMPLOYER’S authorized person. This does not apply to the case of emergency, unforeseen WORKS that must be undertaken to avoid damaging consequences to the WORKS or to avoid the effect/consequences of Force Majeure, in which case apply the legal provisions that stipulate the obligation of just compensation for performed necessary emergency and unforeseen contingencies by the CONTRACTOR in favour of the EMPLOYER.

8.3. If a variation order results in an increase exceeding 20% (TWENTY PERCENT) of the total Contract value, the CONTRACTOR shall have the right for time extension proportional to the extra WORKS, while the contracted unit rates of the WORKS remain unchanged.

9. ARTICLE 9: QUALITY CONTROL OF WORKS

9.1. The EMPLOYER has the right and the obligation to supervise the CONTRACTOR’S work as well as determine whether the CONTRACTOR observes the technical regulations and constraints throughout the performance of the WORKS. The EMPLOYER is entitled to demand from the CONTRACTOR during the progress of the WORKS to remedy within the shortest time possible and at his own cost and eliminate any observed irregularities and consequences of poor quality work, which cannot have any impact on the extension of time of completion of the WORKS. In that case the EMPLOYER can halt any due payments until the CONTRACTOR eliminates all the above-mentioned irregularities or deficiencies.

9.2. In the case that any defect is not corrected within fourteen (14) days of a written notice from the EMPLOYER, the EMPLOYER has the right to correct the defect itself or via the engagement of another contractor. In this case, the cost of the corrective works will be charged to the CONTRACTOR and may thus be deducted from any payments made.

9.3. During the progress of the work, the EMPLOYER is entitled to demand the CONTRACTOR or independently conduct an additional check on the quality of executed WORKS, material or equipment.

9.4. The EMPLOYER has the right, during the progress of the work, to give to the CONTRACTOR any additional drawings or plans required for the proper execution of the WORKS. In case the CONTRACTOR requires additional drawings and plans from the EMPLOYER, the EMPLOYER must be accordingly notified in writing.

10. ARTICLE 10: DEFECTS LIABILITY PERIOD

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00185610.1. Without prejudice to article 3039 of the civil code, the defects liability period is 90 days.

10.2. The defects liability is for the whole of the WORKS and is counted from the date of issuance of provisional acceptance certificate by the EMPLOYER for the whole works or for defects corrected as and when detected, whose period of correction may extend beyond the original defects liability period.

11. ARTICLE 11: ACCEPTANCE OF WORKS

11.1. When the whole of the WORKS have been completed, the CONTRACTOR shall give a written notice to that effect to the EMPLOYER. The EMPLOYER shall, within 15 (fifteen) calendar days of the date of delivery of such notice, either issue to the CONTRACTOR provisional acceptance certificate or give instruction in writing to the CONTRACTOR specifying all the WORKS, which, in the EMPLOYER’S opinion, is required to be done or corrected before the issue of such certificate. If instructed by the EMPLOYER, to complete any remaining WORKS or eliminate any deficiencies, the CONTRACTOR has the obligation to complete the remaining WORKS or remedy any defects thereof. In such cases the CONTRACTOR is not entitled for extension of time and delays in the completion of the WORKS shall be dealt with in accordance with article 7 of this Contract.

11.2. Within 15 (fifteen) calendar days after the CONTRACTOR has completed the remaining WORKS or elimination of any defects, as instructed, the EMPLOYER must certify and issue provisional acceptance certificate for the WORKS upon request.

11.3. Unless specifically agreed in writing, the EMPLOYER shall not use any part of the completed WORKS before a written certificate of provisional acceptance is issued to the CONTRACTOR. The EMPLOYER shall be liable for any damage that may follow as a result of putting to use the WORKS before issuing the provisional acceptance certificate.

11.4. The EMPLOYER, within fourteen (14) calendar days of issuing the provisional acceptance certificate to the CONTRACTOR, shall release to the CONTRACTOR the 5% retained amount. However, the CONTRACTOR shall extend the performance security until the expiry of the defects liability period, stipulated in sub-article 10.1 or 10.2 of this Contract, as the case may be.

11.5. The EMPLOYER shall issue final acceptance certificate to the CONTRACTOR within 15 (fifteen) calendar days after the expiry of the defects liability period and release the performance bond, unless a written notice relating to any unfinished or defective work is given by the EMPLOYER to the CONTRACTOR before the expiry of the defects liability period. After the EMPLOYER has issued to the CONTRACTOR the final acceptance certificate, the CONTRACTOR is relieved from his obligation under this Contract.

11.6. If the EMPLOYER fails to issue final acceptance certificate or to give notice on any defective WORKS, within the time stipulated in sub-article 11.5 of this Contract, it shall be presumed that the EMPLOYER has accepted the WORKS and that the CONTRACTOR is relieved from any obligation under this Contract.

12. ARTICLE 12: RETENTION

12.1. The EMPLOYER shall retain from each interim payment due to the CONTACTOR, 5% (five percent), until the completion of the whole of WORKS, as per sub-article 3.6 of this Contract. The 5% retained amount

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001856shall be re-paid as per sub-article 11.4 of this contract provided that the contractors submit Performance security.

13. ARTICLE 13: TERMINATION OF CONTRACT

13.1. Final completion of this Contract will be after the expiry of the defects liability period, satisfactory completion of the WORKS and issuance of final acceptance certificate by the EMPLOYER as stipulated in sub-article 11.5 of this Contract.

13.2. This Contract may prematurely be terminated, among other legally prescribed reasons, and in the following cases: -

a. If the CONTRACTOR and the EMPLOYER agree to cancel the Contract because both of them are unable to perform their obligation under this Contract,

b. If there appear unforeseeable situations or force majeure that might interrupt or hinder the achievement of the project objective or its execution,

c. If the EMPLOYER becomes bankrupt or goes into liquidation,d. If the CONTRACTOR becomes bankrupt or goes into liquidation,e. If it is clearly identified and proved by the EMPLOYER that the CONTRACTOR could not perform

according to the terms and conditions under this Contract.

13.3. In case of premature termination of the Contract, as stipulated in sub-article 13.2a, 13.2b and 13.2c above, the CONTRACTOR and the EMPLOYER will make agreement on mutually undertaken and unfulfilled liabilities of both parties. In case the CONTRACTOR has executed more WORKS than the EMPLOYER paid for, the EMPLOYER is obliged to pay the balance of assets to the CONTRACTOR’S bank account within 15 (fifteen) days from the date of termination of the Contract. In the case the EMPLOYER has paid for more WORKS than have been executed by the CONTRACTOR, the CONTRACTOR is required to pay the balance of assets to the EMPLOYER’S bank account within 15 (fifteen) days from the date of termination of the Contract.

13.4. In case of premature termination as stipulated in sub-article 13.2d, 13.2e above, the CONTRACTOR shall indemnify the EMPLOYER against all damages sustained and costs or expenses incurred by the EMPLOYER as a result of such termination.

14. ARTICLE 14: FORCE MAJEURE

14.1. The term “Force Majeure” shall be determined in accordance with the provisions of the Civil Code of Ethiopia.

14.2. The completion of this Contract is subject to the availability of funds to the EMPLOYER from its donor agencies. The cancellation or non-availability of expected funds shall be considered as a case of force majeure in the execution of this Contract.

14.3. Neither party to this Contract shall be liable for any loss or damage of any nature whatsoever incurred or suffered by the other party due to delays or defaults in the performance under this Contract caused by force majeure.

15. ARTICLE 15: CONTRACT DOCUMENTS AND INTERPRETATION

15.1. The following documents shall be an integral part of the Contract.

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001856a. This Contract;b. Specification of WORKS;c. Drawings, Revised and accepted Priced Bill of Quantities of the CONTRACTOR for the total Contracted

quantity of the WORKS;d. All annexes under the provision of this Contract;e. Any written notices and written agreements under the provision of this Contract;f. Any other written documents required under the provision of this Contract.g. GOAL terms and condition for the supply, service and works contract.h. The site handover document signed by both parties.i. Standard Conditions of Contract for Construction of Civil Work Projects, December 1994, by the

Ministry of WORKS and Urban Development.

15.2. Except otherwise provided by the Contract, the provisions of this Contract shall prevail over those of any other documents. But in case of ambiguities or discrepancies, the same shall be explained and adjusted by mutual consent of the EMPLOYER and the CONTRACTOR.

16. ARTICLE 16: LANGUAGE AND GOVERNING LAW

16.1. The language of the Contract is English and all correspondences under this Contract shall be made in the English language.

16.2. This Contract shall be construed and enforced in accordance with the laws of the Federal Democratic Republic of Ethiopia.

17. ARTICLE 17: SETTLEMENT OF DISPUTES

17.1. Any dispute that may arise between the EMPLOYER and the CONTRACTOR regarding the performance or non-performance of this Contract whether during the progress of the work or after completion and whether before or after termination, shall be settled amicably by both parties. If the dispute cannot be amicably settled by the parties, it shall be submitted to the arbitration panel of three. Each party shall appoint one member for the arbitration panel and the two arbitrators shall appoint an umpire. If the arbitrators do not agree on the appointment of the umpire, the case will be referred to the court of law for the court to appoint the umpire. The proceedings of the panel shall be conducted in accordance of the dictates of the Ethiopian law. Except for the error of laws, the decision of the arbitration panel shall be final and not subject to appeal. It is therefore deemed that both parties to this contract have willingly relinquished their rights of appeal on matter of facts.

18. ARTICLE 18: SITE INVESTIGATION REPORTS

18.1. The CONTRACTOR is deemed to have fully satisfied himself with respect to the ground conditions prevailing at the work sites, and made due allowance in the bid Prices, by visiting the project sites (construction sites) of his interest - the nearest source of aggregate, stone and sand for concrete and masonry for construction WORKS for example.

18.2. No claim or negotiation will be considered by the EMPLOYER as a result of the CONTRACTOR having neglected to familiarize him/ her with the site conditions.

19. ARTICLE 19: PERSONNEL

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00185619.1. The CONTRACTOR shall employ the key personnel named in the schedule of Key personnel and

EMPLOYER, as referred to in SF-2, to carry out the functions stated in the schedule or other personnel approved by the EMPLOYER. The EMPLOYER 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 the bidders.

19.2. If the Supervising 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.

20. ARTICLE 20: SAFETY

20.1. The CONTRACTOR shall be responsible for the safety of all activities on the site

20.2. Health and safety guidance for working in excavations: Working in excavations poses significant risks, not only to the construction workers, but also the community who live around the excavation whilst the work is on-going. With excavations even one out of the ordinary event could easily result in a fatality. There are a wide variety of measures can be taken to mitigate the risks created by working with excavations, the following are guidelines on minimum standards that should be followed by the constructor:

a. All labourers working inside an excavation should wear head protection (hardhats);b. A perimeter of 1m around the top of the excavation should be clear of materials and tools to avoid

accidentally causing items to fall onto workers in the excavation;c. Where practicable toe boards should be installed on the upper portion of the excavation;d. Excavation work should not be carried out in the rain, and all excavations should be inspected following

rain events to check for damage that may cause collapse;e. Excavations should be inspected by a qualified expert before work commences each day;f. Excavations should not undermine other structures;g. Place excavated earth a safe distance from the excavation to avoid additional loading potentially

causing collapse.

21. ARTICLE 21: DISCOVERIES

21.1. Anything of historical or other interest or of significant value unexpectedly discovered on the site shall be the property of the EMPLOYER, unless this is contrary to the laws of the Country. The CONTRACTOR shall notify the EMPLOYER of such discoveries and carry out the Supervising Engineer’s instructions for dealing with them.

22. ARTICLE 22: ACCESS TO THE SITE

22.1. The CONTRACTOR shall allow the Supervising Engineer, any other representative of the EMPLOYER, or any guest accompanied by a representative of the EMPLOYER 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.

23. ARTICLE 23: TIME CONTROL

23.1. Within seven (7) days of the signing of the Contract, the CONTRACTOR shall submit to the EMPLOYER for approval a program showing the general methods, arrangements, order, and timing for all the activities in the WORKS.

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23.2. An updated 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.

23.3. The CONTRACTOR shall submit to the EMPLOYER for approval an updated program at intervals no longer than 10 days. If the CONTRACTOR does not submit an updated program within this period, the EMPLOYER may withhold the amount stated in the Contract Data from the next payment certificate and continue to withhold this amount until the next payment after the date on which the overdue programme has been submitted.

23.4. The EMPLOYER’S approval of the programme shall not alter the CONTRACTOR'S obligations. The CONTRACTOR may revise the programme and submit it to the EMPLOYER again at any time. A revised programme shall show the effect of variations and compensation events.

23.5. The EMPLOYER may instruct the CONTRACTOR to delay the start or progress of any activity within the WORKS.

24. ARTICLE 24: EFFECTIVE DATE

24.1. This Contract will come into force on the date of signature by both parties as sign of expression of will of the Contractual parties. This Contract is executed in 2 (two) copies. The CONTRACTOR and the EMPLOYER each retain one copy.

In witness whereof the undersigned being duly authorized have signed this agreement, on behalf of the parties hereto, at the place, on the day and year below written.

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Appendix 1 - Company detailsVendor RegistrationThis section must include the following information regarding the Individual or Company and any partners or sub-contractors:

Name of the prime VendorRegistered address of the prime VendorCompany NameAddressPrevious Name(s) if applicableRegistered Address if different from aboveRegistration Number TelephoneE-mail address

Website addressYear EstablishedLegal Form. Tick the relevant box Company

Partnership Joint Venture Other (specify):

VAT/TVA/Tax Registration Number Directors names and titles and any other key personnel Please state name of any other persons/organisations (except vendor) who will benefit from this contract (GOAL compliance matter)Parent company

OwnershipDo you have associated companies? Tick relevant box. If YES – provide details for each company in the form of additional table as per Contact Details

Yes No

Primary Contact Secondary ContactName

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001856Current Position in the Organisation:No. of years working with the Organisation:Email addressTelephoneMobile

Company Profile

Tenderers should note that the information requested below will be required as part of the Administrative checks that GOAL has to carry out.

No Description Response1 An outline of the scope of business

activities, and in particular details of relevant experience regarding contracts of this nature

2 The number of years the Vendor has been in business in its present form

3 A statement of overall turnover for the last three years as per the following table:Year Overall Turnover in Birr (approx.)201720162015

4 Total size of permanent workforce

5 Key members of staff (not already listed above)Full Name Position

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0018566 Any other relevant information about

the company

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Declaration re Personal and Legal circumstancesTHIS FORM MUST BE COMPLETED AND SIGNED BY A DULY AUTHORISED OFFICER OF THE VENDORS’ ORGANISATION. Please tick Yes or No as appropriate to the following statements

Yes No

1 The Vendor is bankrupt or is being wound up or its affairs are being administered by the court or has entered into an arrangement with creditors or has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations

2 The Vendor is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or for an arrangement with creditors or of any other similar proceedings under national laws and regulations

3 The Vendor, a Director or Partner, has been convicted of an offence concerning his professional conduct by a judgement which has the force of res judicata or been guilty of grave professional misconduct in the course of their business

4 The Vendor has not fulfilled its obligations relating to the payment of taxes or social security contributions in Ireland or any other State in which the Vendor is located

5 The Vendor, a Director or Partner has been found guilty of fraud6 The Vendor, a Director or Partner has been found guilty of money laundering7 The Vendor, a Director or Partner has been found guilty of corruption8 The Vendor, a Director or Partner has been convicted of being a member of a

criminal organisation9 The Vendor has been guilty of serious misrepresentation in providing information to

a public buying agency10 The Vendor has contrived to misrepresent its Health & Safety information, Quality

Assurance information, or any other information relevant to this application11 The Vendor has colluded between themselves and other bidders (a bidding ring),

and/or the Vendor has had improper contact or discussions with any member of GOAL staff and/or members of their family

12 The Vendor is fully compliant with the minimum terms and conditions of the Employment Law and with all other relevant employment legislation, as well as all relevant Health & Safety Regulations in the countries of registration and operations

13 The Vendor has procedures in place to ensure that subcontractors, if any are used for this contract, apply the same standards.

14 Consistent with numerous United Nations Security Council resolutions including S/RES/1269 (1999), S/RES/1368 (2001) and S/RES/1373 (2001), GOAL is firmly committed to the international fight against terrorism, and in particular, against the financing of terrorism. It is the policy of GOAL to seek to ensure that none of its funds are used, directly or indirectly, to provide support to individuals or entities associated with terrorism. In accordance with this policy, the Vendor undertakes to use all reasonable efforts to ensure that it does not provide support to individuals or entities associated with terrorism.

I certify that the information provided above is accurate and complete to the best of my knowledge and belief. I understand that the provision of inaccurate or misleading information in this declaration may lead to my organisation being excluded from participation in future EOIs or tenders.Name

Position

Signature Date

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Appendix 2 – General terms and conditions for supply, service and works contracts

I. LEGAL STATUS

The Vendor shall be considered as having the legal status of an independent contractor vis-à-vis GOAL. The Vendor, its personnel and sub-contractors shall not be considered in any respect as being the employees of GOAL. The Vendor shall be fully responsible for all work and services performed by its employees, and for all acts and omissions of such employees.

II. SUB-CONTRACTING

In the event the Vendor requires the services of a sub-contractor, the Vendor shall obtain the prior written approval of GOAL for all sub-contractors. The Vendor shall be fully responsible for all work and services performed by its sub-contractors and vendors, and for all acts and omissions of such sub-contractors and vendors. The approval of GOAL of a sub-contractor shall not relieve the Vendor of any of its obligations under this Contract. The terms of any sub-contract shall be subject to and conform with the provisions of this Contract.

III. OBLIGATIONS

The Vendor shall neither seek nor accept instructions from any authority external to GOAL. Vendors may not communicate at any time to any other person, government or authority external to GOAL any information known to them by reason of their association with GOAL which has not been made public, except in the course of their duties or by authorization of the GOAL: nor shall Vendors at any time use such information to private advantage. These obligations do not lapse upon termination/expiration of their agreement with GOAL.

IV. ACCEPTANCE AND ACKNOWLEDGEMENT

Initiation of performance under this contract by the vendor shall constitute acceptance of the contract, including all terms and conditions herein contained or otherwise incorporated by reference.

V. WARRANTY

The Vendor warrants the goods furnished under this Contract to conform to the specifications and to be free from damage and defects in workmanship or materials. This warranty is without prejudice to any further guarantees that the Vendor provides to purchasers. Such guarantees shall apply to the goods subject to this Contract.

VI. INSPECTION

The duly accredited representatives of GOAL or the donor shall have the right to inspect the goods called for under this Contract at Vendor’s stores, during manufacture, in the ports or places of shipment, and the Vendor shall provide all facilitates for such inspection. GOAL may issue a written waiver of inspection at its discretion. Any inspection carried out by representatives of GOAL or the donor or any waiver thereof shall not prejudice the implementation of the other relevant provisions of this Contract concerning obligations subscribed by the Vendor, such as warranty or specifications.

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VII. EXPORT LICENCE

The Contract is subject to the obtaining of any export licence or other governmental authorisation that may be required. It shall be the responsibility of the Vendor to obtain such licence or authorisation. GOAL may, at its discretion, use its best endeavours to assist.

VIII. OFFICIALS NOT TO BENEFIT

The Vendor represents and warrants that no official of GOAL has been, or shall be, offered by the Vendor any direct or indirect benefit arising from this Contract or the award thereof. The Vendor agrees that breach of this provision is breach of an essential term of this Contract.

IX FORCE MAJEURE

For the purposes of this Contract, force majeure means any act of God, act of war, civil disturbance, explosion, fire, any law or action taken by a government or public authority or other exceptional event which is unforeseeable in the circumstances, which cannot be overcome and which prevents, hinders or delays either party from performing any of its obligations under this Contract. As soon as possible and in any event within five (5) working days after the occurrence of a force majeure event, the affected party shall give notice and full particulars to the other party in writing. The affected party shall not be in breach of this Contract nor liable for delay in performing its obligations under this does Contract if and to the extent that such delay is directly caused by the force majeure event provided that such party uses best endeavour to limit the effect of the force majeure event on the performance of its obligations. If such a period of delay or non-performance by the Vendor continues for ten (10) working days, GOAL may terminate this agreement by giving five (5) days' written notice to the Vendor.

X. DEFAULT

In case of default by the Vendor, including, but not limited to, failure or refusal to make deliveries within the limit specified, GOAL may procure the goods or services from other sources, and hold the Vendor responsible for any excess cost occasioned thereby. Furthermore, GOAL may, by written notice, terminate the right of the Vendor to proceed with deliveries or such part or parts thereof as to which there has been default.

XI. REJECTION

In the case of goods or services purchased based on specifications or scope of works, GOAL shall have the right to reject the goods or services or any part thereof if they do not conform to specifications or the scope of works.

XII. AMENDMENTS

No change in or modification of this Contract shall be made except by prior agreement between the Responsible Buyer in GOAL and the Vendor.

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XIII. ASSIGNMENTS

The Vendor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof or of any of the Vendor’s rights, claims or obligations under this Contract except with the prior written consent of GOAL.

XIV. INDEMNIFICATION

The Vendor agrees to indemnify, hold and save GOAL harmless and defend at its own expense GOAL, its officers, agents and employees from and against all suits, claims, demands and liability of whatever nature or kind, including costs and expenses thereof and liability arising there from, with respect to, arising from or attributable to acts or omissions of the Vendor or its employees or sub-contractors in or relating to the performance of this Contract. This provision shall extend to, but shall not be limited to, claims and liability in the nature of product liability claims.

GOAL will promptly notify the Vendor of any such suit, claim, proceeding, demand or liability within a reasonable period of time after having received written notice thereof, and will reasonably co-operate with the Vendor, at the Vendor’s expense, in the investigation, defence or settlement thereof, subject to the privileges and immunities of GOAL.

The Vendor shall not permit any lien, attachment or other encumbrance by any person or entity to remain on file in any public or official office or on file with GOAL against any monies due or to become due for any work done or materials furnished under this Contract, or by reason of any other claim or demand against the Vendor.

XV. DISPUTES - ARBITRATION

Any claim or controversy arising out of or relating to this or any contract resulting here from, or to the breach, termination or invalidity thereof, shall be, unless settled amicably through negotiation, submitted to arbitration in accordance with Ethiopian law.

XVI. USE OF NAME, EMBLEM OR OFFICIAL SEAL

Unless authorised in writing by GOAL, the Vendor shall not advertise or otherwise make public the fact that he is a Vendor to GOAL or use the name, emblem or official seal of GOAL or any abbreviation of the name of GOAL for advertising purposes or for any other purposes.

XVII. LIQUIDATED DAMAGES

Late delivery, or dispatch outside the agreed shipping schedule, shall be subject, without notice, to an assessment of liquidated damages equivalent to 1 percent of the Contract value per day or part thereof. GOAL has the right to deduct this amount from the Vendor’s outstanding invoices, if any. This remedy is without prejudice to any others that may be available to GOAL, including cancellation, for the Vendor’s non-performance, breach or violation of any term or condition of the Contract.

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001856Acceptance of goods delivered late shall not be deemed a waiver of GOAL’s rights to hold the Vendor liable for any loss and/or damage resulted therefrom, nor shall it act as a modification of the vendor’s obligation to make future deliveries in accordance with the delivery schedule.

XVIII. ANTI-BRIBERY/ CORRUPTION

The Vendor shall comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the UK Bribery Act 2010 and the the United States Foreign Corrupt Practices Act 1977 (“Relevant Requirements”).

The Vendor shall have and maintain in place throughout the term of any contract with GOAL its own policies and procedures to ensure compliance with the Relevant Requirements.

No monies are payable to GOAL by the Vendor in association with the execution of this contract. If the Vendor is approached by a GOAL member of staff for a payment, commission, ‘kickback’ or associated payment or any other advantage of any kind, they are obliged to report the request or payment directly to GOAL’s Country Director within thirty-six hours. Failure to report any request for payment by a GOAL member of staff or actual payment by the Vendor to a GOAL member of staff to the GOAL Country Director shall result in the immediate termination of any contract and may result in disqualification of the Vendor from participation in future contracts with GOAL.

XIX. ANTI-PERSONNEL MINES

The Vendor guarantees that it is not engaged in the sale or manufacture, either directly or indirectly, of anti-personnel mines or any components produced primarily for the operation thereof. Any breach of this representation and warranty shall entitle GOAL to terminate this Contract immediately upon notice to the Vendor, at no cost to GOAL.

XX. ETHICAL PROCUREMENT

The Vendor represents and warrants that neither it, nor any of its vendors is engaged in any practice inconsistent with the following code of conduct for vendors: Employment is freely chosen, freedom of association and the right to collective bargaining are respected, working conditions are safe and hygienic, no child labour/protection of children is ensured, living wages are paid, working hours are not excessive, no discrimination is practiced, regular employment is provided, no harsh or inhumane treatment is allowed, any harm to the environment shall be avoided or limited. Any breach of this representation and warranty shall entitle GOAL to terminate this Contract immediately upon notice to the Vendor, at no cost to GOAL.

XXI. VENDOR INELIGIBILITY

Candidates that fall into any of the following categories are ineligible to participate in GOAL procurement processes: (a) They are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended

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001856business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) They have been convicted of an offence concerning their professional conduct by a judgement that has the force of res judicata; (c) They have been guilty of grave professional misconduct proven by any means that the contracting authority can justify; (d) They have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed; (e) They have been the subject of a judgement that has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity; (f) Following another procurement procedure or grant award procedure, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations;

XXII. VENDOR EXCLUSION

Negotiation with vendors or potential vendors may be severed at any stage during a procurement process if it is found that they meet either of the following exclusion criteria: (a) Are subject to a conflict of interest; (b) Are guilty of misrepresentation in supplying the information required by GOAL as a condition of participation in the contract procedure, or fail to supply all of the information requested.

XXIII. PRIOR NEGOTIATIONS SUPERSEDED BY CONTRACT

This Contract supersedes all communications, representations, arrangements, negotiations, requests for proposals and proposals related to the subject matter of this Contract.

XXIV. INTELLECTUAL PROPERTY INFRINGEMENT

The Vendor warrants that the use or supply by GOAL of the goods sold under this Contract does not infringe on any patent, design, trade-name or trade-mark. In addition, the Vendor shall, pursuant to this warranty, indemnify, defend and hold GOAL harmless from any actions or claims brought against GOAL pertaining to the alleged infringement of a patent, design, trade-name or trade-mark arising in connection with the goods sold under this Contract.

XXV. TITLE RIGHTS

GOAL shall be entitled to all property rights including but not limited to patents, copyrights and trademarks, with regard to material which bears a direct relation to, or is made in consequence of, the services provided to the organisation by the Vendor. At the request of GOAL, the Vendor shall take all necessary steps, execute all necessary documents and generally assist in securing such property rights transferring them to the organisation in compliance with the requirements of the applicable law.

Title to any equipment and supplies which may be furnished by GOAL and any such equipment shall be returned to GOAL at the conclusion of this Contract or when no longer needed by the Vendor. Such equipment, when returned to GOAL, shall be in the same condition as when delivered to the Vendor, subject to normal wear and tear.

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001856XXVI. PACKING

The Vendor shall pack the goods with new, sound materials and with every care, in accordance with the normal commercial standards of export packing for the type of goods specified herein. Such packing materials used must be adequate to safeguard the goods while in transit. The Vendor shall be responsible for any damage or loss that can be shown to have resulted from faulty or inadequate packing.

XXVII. INSURANCE

The vendor shall provide and thereafter maintain for the duration of this contract and any extension thereof all appropriate workmen’s compensation insurance or its equivalent with respect to its employees to cover claims for personal injury and death in connection with this contract. The vendor shall, upon request, furnish proof to the satisfaction of the GOAL, of such liability insurance. The vendor shall further provide such health and medical insurance for its agents and employees, as the vendor may consider advisable.

The Vendor shall have in force and maintain in force during the term of this Contract adequate public liability insurance, product liability insurance and other insurance policies required in connection with its business and in respect of the products and/or services supplied by the Vendor.

XXVIII. TERMINATION OF CONTRACT

Termination without default: Either party may terminate this Contract by giving notice in writing to the other party in accordance with this clause XXVIII. The required period of notice shall be five (5) working days in the case of contracts for a total period of less than two months or fifteen (15) working days in the case of contracts for a longer period. In addition, GOAL may terminate this Contract with immediate effect by giving notice in writing to the Vendor if there is a discontinuation or termination (in whole or in part) of donor funding related to this Contract. In the event of the Contract being terminated in accordance with this sub-clause, the Vendor shall be compensated on a pro rata basis for no more than the actual amount of work performed to the satisfaction of GOAL. Additional costs incurred by GOAL resulting from the termination of the Contract by the Vendor may be withheld from any amount otherwise due to the Vendor from GOAL.

Termination with default: Without prejudice to GOAL’s right to terminate this Contract with immediate effect provided for elsewhere in this Contract, GOAL may terminate this Contract with immediate effect without compensation by giving notice in writing to the Vendor where the Vendor: (i) commits a material breach of this Contract which cannot be remedied or has not been remedied within a period of seven (7) days after being notified in writing by GOAL; (ii) ceases to carry on the whole or a substantial part of its business, becomes unable to pay its debts as they fall due, becomes insolvent, enters into any compromise or arrangement with its creditors (other than in the context of solvent reconstruction or amalgamation), is the subject of a resolution to wind up or winding up proceedings, has an administrator, examiner or receiver appointed in respect of some or all of its assets, or being an individual, is the subject of a bankruptcy petition, or any event occurs, or proceeding are taken, with respect to the Vendor in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the foregoing; (iii) commits an offence under anti-terrorism, anti-bribery/corruption or anti-money laundering legislation in any jurisdiction or is involved in organised

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001856crime or illegal activity; or (v) undergoes a change of control. GOAL’s termination of this Contract for default whether under this or another provision of this Contract shall be without prejudice to GOAL’s other rights, including but not limited to the right to claim for costs and losses incurred.

XXIX. ASSIGNMENT OF PERSONNEL

The Contractor shall not assign any persons other than those accepted by GOAL for work performed under this Contract.

XXX. OVERRIDING CLAUSE

In the event of any conflict or inconsistencies between these Terms and Conditions or any other document which forms part of the Contract, the contract shall prevail except where they have been amended (by specific reference to the relevant clause and paragraph of these Terms and Conditions) as provided for herein.

XXXI. WITHHOLDING TAX

GOAL reserves the right to deduct withholding tax from the vendor's invoice if so required by law. This will apply unless the vendor has supplied in advance the required documentation proving its exemption from withholding tax (e.g. withholding tax exemption certificate).

XXXII. ACCESS TO DOCUMENTATION

GOAL, its donors or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the vendor which are directly pertinent to the specific program for the purpose of making audits, examinations, excerpts and transcriptions

XXXIII. Data Protection

Any contract(s) awarded from this procurement procedure are likely to be subject to the EU General Data processing Regulation (GDPR). Winning service provider(s) will be considered Data Processors, and GOAL will be the Data Controller. Any such contract(s) will contain appropriate instructions and clauses, and the Data Processor will be required to provide information on their Data Protection & Security procedures. GOAL reserves the right to rescind the award of contract should the Data Protection & Security procedures be considered (in GOAL’s sole opinion) inadequate, or if GOAL and the service provider cannot agree to minimum GDPR compliant contract terms where applicable.

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Appendix 3 – Submission Checklist FAILURE TO SUMBIT ALL THE DOCUMENTATION BELOW MAY LEAD TO REJECTION OF OFFER

Line ItemHow to submit – Physical submission

Tick attached

A. Bill of Quantities – with unit and lump sum prices, and total price.

Completed

B. Certificate of BIDDER’S visit to the works area – (Schedule SF1).

Completed, signed and stamped

C. Summary of Executed Construction work satisfactorily carried out by the BIDDER (Schedule SF 2).


D. The BIDDER’S Proposed work schedule (Plan) (Schedule SF 3).


E. Methodology of the Works (Schedule SF4). Completed, signed and stamped

F. Bid bond of 1% (one percent) of the total bid amount, valid for sixty (60) calendar days from the date of Opening

Certified Payment Order (CPO)

G. Valid license (VAT registration and TIN). Stamp and submit

H. Valid competency certificate - contractor BC/GC Four (4) & above.

Stamp and submit.

I. Copies of reference letters or testimonials of works carried out as listed in Schedule SF2.

Submit as many as you have

J. Contract Document Template. Initialled and stamped on each page

K. Appendix 1: Company Details (including Vendor registration; Company Profile; and Declaration regarding Personal and Legal circumstances).


L. Appendix 2: General Terms and Conditions. Initialled and stamped on each page

M. Appendix 3: Submission Checklist (This checklist). Tick and submit.

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