National Parks Trust of Virgin Islands 

 

 

Tender Dossier 

 

WORKS:  

 

“Construction of eco‐tourism facilities in four National Parks” 

 

 

December 2013 

NPTVI 05/2013 

NEWS RELEASE

The National Parks Trust of the Virgin Islands

TENDER NOTICE 05/2013

The National Parks Trust of the Virgin Islands invites tenders for the Construction of eco-tourism facilities in four National Parks with financial assistance from the MPASSE project co-financed by the European Union.

The tender is split in three lots consisting of:

(1) the construction of a visitor centre at the Copper Mine, two vending units at the Baths National Park and remedial works of the lookout tower at Gorda Peak (Virgin Gorda),

(2) the construction of a visitor centre at the Iguana Headstart Facility at The Settlement, Anegada,

(3) the construction of a visitor centre at Sage Mountain (Tortola)

A non-refundable fee of $100.00 is required for the Tender Documents, which are available from the office of the National Parks Trust of the Virgin Islands, 57 Main Street, Road Town, Tortola, Virgin Islands or Roger Downing & Associates Ltd., 50 Main Street, Road Town, Tortola, Virgin Islands. Participation in tendering is open on equal terms to natural and legal persons from ACP States and Member States of the European Union contributing to the European Development Fund including their Overseas Countries and Territories. The deadline for submission of tenders is February 7th, 2014 at 4:30 PM. Further information or clarification can be obtained from the National Parks Trust Office.

You may email at tenders@bvinpt.org or call 284-852-3650/494-3904.

  

SECTION 1

INSTRUCTIONS TO TENDERERS

INSTRUCTIONS TO TENDERERS 1.1 Description of Works

1.1.1 This Contract for which tenders are hereby invited is for the Construction of eco-tourism facilities in four National Parks as detailed on the tender drawings and described herein.

1.1.2 The works consist of 3 lots, in accordance with the drawings and specifications:

o Lot 1. Construction of a visitor center at the Copper Mine, two vending units at the Baths National Park and remedial works to the lookout tower at Gorda Peak (Virgin Gorda)

o Lot 2. Construction of a visitor centre at the Iguana Headstart Facility Visitor Center at The Settlement, Anegada

o Lot 3. Construction of Sage Mountain Visitor Center (Tortola) 1.1.3 The tenderer may submit for any one or all of the lots. Tenderers shall detail the

cost of construction for each lot they are submitting for. 1.2 Tender Documents

1.2.1 Tenders are invited for these works on the basis of the information contained in the Tender Documents. No claim will be entertained on grounds of failure to read or comply either with these instructions or for allegedly misunderstanding their importance. The Tenderer shall allow in his Tender for all the provisions of the Tender Document.

1.2.2 Do not alter, add or modify the text of the Tender Documents, as this will be

recognized or taken into account and could lead to disqualification of the Tender. If the Tenderer wishes to make an observation as to the printed text in connection with the Tender Documents, such observation shall form the subject of a separate letter to accompany the Tender.

1.3 Eligibility and Qualification Requirements

1.3.1 This invitation to tender is open on equal terms to all natural/legal persons which are national/established in one Member States of the European Union contributing to the European Development Fund, ACP States1 or Overseas Territories Countries2.

                                                            1 Angola - Antigua and Barbuda - Belize - Cape Verde - Comoros - Bahamas - Barbados - Benin - Botswana - Burkina Faso - Burundi - Cameroon - Central African Republic - Chad - Congo (Brazzaville) - Congo (Kinshasa) - Cook Islands - Cte d'Ivoire - Cuba - Djibouti - Dominica - Dominican Republic - Eritrea - Ethiopia - Fiji - Gabon - Gambia - Ghana - Grenada - Republic of Guinea - Guinea-Bissau -Equatorial Guinea - Guyana - Haiti - Jamaica - Kenya - Kiribati - Lesotho - Liberia - Madagascar - Malawi - Mali - Marshall Islands - Mauritania - Mauritius - Micronesia - Mozambique - Namibia - Nauru - Niger - Nigeria - Niue - Palau - Papua New Guinea - Rwanda - St. Kitts and Nevis - St. Lucia - St. Vincent and the Grenadines - Solomon Islands - Samoa - Sao Tome and Principe - Senegal - Seychelles - Sierra Leone - Somalia - South Africa - Sudan - Suriname - Swaziland - Tanzania - Timor Leste - Togo - Tonga - Trinidad and Tobago - Tuvalu - Uganda - Vanuatu – Zambia – Zimbabwe 2 Anguilla, Aruba, Ascension Island, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, French Polynesia, French Southern and Antarctic Territories, Greenland, Mayotte, Montserrat, Netherlands Antilles (Bonaire, Curaçao, Saba, Saint Eustatius, Saint Martin (Sint Maarten)), New Caledonia and Dependencies, Pitcairn, Saint Helena, South Georgia and the South Sandwich Islands, St Pierre and Miquelon, Tristan da Cunha, Turks and Caicos Islands, Wallis and Futuna Islands.

1.3.2 Natural/legal persons meeting the following conditions are excluded from

participation in and the award of contracts

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 business 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 judgment which has the force of res judicata;

c) they have been guilty of grave professional misconduct proven by any means which the Beneficiary 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 Beneficiary or those of the country where the contract is to be performed;

e) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

f) they are currently subject to an administrative penalty.

1.3.3 Tenders submitted by joint venture or more than one firm, as partners shall comply with the following requirements:

a) The tender, (and later in case of a successful tender the Form of

Agreement), shall be signed so as to be legally binding on all partners;

b) One of the partners shall be nominated as being in charge. The nominee shall submit to the National Parks Trust of the Virgin Islands a power of attorney evidencing his authority to bind all other partners to the Agreement. The power of attorney shall be signed by legally authorised signatories of all the partners;

c) All partners of joint venture shall be liable jointly and severally for the

execution of the Contract, and a relevant statement to this effect shall be included in the authorization mentioned under (b) above as well as in the Form of Tender and the Form of Agreement (in case of a successful Tender); and

a) A copy of the agreement entered into by the joint venture partners shall be

submitted with the Tender.

b) All partners of joint venture shall fulfill the eligibility conditions indicated in Sub-sections 1.3.1 and 1.3.2

1.4 Cost of Tendering

1.4.1 The Tenderer shall bear all cost associated with the preparation and submissions of his tender and the National Parks Trust (hereinafter referred to as “the Employer”), will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the tender process.

1.5 Sites Visit

1.5.1 The Tenderer is advised to visit and examine the Sites of Works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the tender and entering into a Contract. The costs of visiting the Sites shall be at the Tenderer’s own expense. The Tenderer is advised to make an appointment with the National Trust Parks to organize the site visit.

1.6 Content of Tender Documents

1.6.1 The documents issued for the purpose of tendering are detailed below, together with any Addenda thereto issued in accordance with Clause 1.8: SECTION 1 Instruction to Tenderers SECTION 2 Form of Tender SECTION 3 Appendix to Contract SECTION 4 Certificate Of Visit To Site SECTION 5 Certificates of Good Standing SECTION 6 Trade License Form SECTION 7 Bills of Quantities SECTION 8 Tender Drawings SECTION 9 Tender Specifications SECTION 10 Form of Agreement (Draft) SECTION 11 General Conditions of Contract (FIDIC) SECTION 12 Particular Conditions SECTION 13 Performance Bond / Bank Guarantee SECTION 14 Advance Payment Guarantee

1.6.2 The Tenderer is expected to examine carefully all instructions, conditions, forms,

terms, specifications and drawings in the tender documents. Failure to comply with the requirements of tender submission will be at the Tenderer’s own risk. Pursuant to Clause 1.23, tenders which are not substantially responsive to the requirements of the tender documents will be rejected.

1.7 Clarification of Tender Documents

1.7.1 A Tenderer requiring any clarification of the Tender Document may notify the Employer in writing via email at the address tenders@bvinpt.org. The Employer will respond in writing via email any request for clarification, which he receives earlier than 11 days prior to the deadline for the submission of Tenders. Written copies of the Employer’s response (including a description of the inquiry but

without identifying its source) will be sent to all Tenderers who have been invited to tender.

1.8 Amendment of Tender Documents

1.8.1 At any time prior to the deadline for submission of Tenders, the Employer may, for any reason, whether at his own initiative or in response to a clarification request by a prospective Tenderer modify the Tender Document by the issuance of an Addendum.

1.8.2 The Addendum will be sent in writing via email to all Tenderers who have been

invited to Tender and will be binding upon them. Prospective Tenderers shall promptly acknowledge receipt thereof to the National Parks Trust.

1.8.3 In order to afford prospective Tenderers reasonable time, in which to take an

Addendum into account in preparing their tenders, the Employer may, at his discretion, extend the deadline for the submission of tenders in accordance with Clause 1.17.1.

1.9 Language of Tender

1.9.1 The tender language is in English. Supporting documents and printed literature furnished by the Tenderer with the Tender may be in another language provided they are accompanied by an appropriate translation of pertinent passages into English. For the purpose of interpretation of this Tender, the English language shall prevail.

1.10 Documents Comprising the Tender

1.10.1 The manner of submission of Tenders shall be in strict compliance with the requirements as set out in the invitation to Tender.

1.10.2 The Tender to be prepared by the Tenderer shall comprise the following:

(i) The Form of Tender and Appendix thereto. (ii) The priced Bills of Quantities for each lot that the Tenderer is submitting

for (iii) Certificate(s) of visitation of the construction site(s) (iv) A detailed work programme stating the duration of the works and showing

the order in which the various sections of works are to be executed, the rates of progress and the estimated periods of time for their execution and completion. A bar chart shall be submitted with these details.

(v) Proof that the Tenderer (and all partners of a joint venture) have fulfilled obligations relating to the payment of social security contributions and the payment of taxes in accordance with the legal provisions of the country in which they are established. Those Tenderers registered in the British Virgin Islands must precisely

provide: (a) an updated certificate of Good Standing to the effect that the

Tenderer has complied with the provisions and have fulfilled the obligations under the Social Security Ordinance, Cap. 266, Payroll Taxes Act No. 18 of, 2004

(b) an updated certificate of Good Standing to the effect that the Tenderer has complied with the provisions and have fulfilled the obligations under the Income Tax Ordinance Cap 206 of the Government of the Virgin Islands.

(c) Copy of the tenderer´s registration certificate (vi) Copy of the Tenderer’s registration certificate

Those Tenderers registered as Companies in the Virgin Islands will be required to submit a Certificate of Good Standing from the Commercial Registry.

(vii) Tenderers operating in the Virgin Islands are required to submit a Trade License (valid for 2013).

(viii) References/certificates from a financial entity about their financial situation and their access to credit facilities.

(ix) Tenderers are to provide evidence of relevant experience in execution of works of a similar nature inclusive of general building construction works. Evidence to include the nature and value of the relevant contracts executed over the past five (5) years.

1.11 Tender Prices

1.11.1 The Tenderer shall fill in the rates allocated to the various items in the Bills of Quantities provided. This completed Bills of Quantities would be deemed to have covered all the items and attendant costs necessary for the full execution of the Works. Items against which no rates or prices are entered by the Tenderer will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bills of Quantities.

1.11.2 The completed Bills of Quantities shall be used as the basis for reviewing all

interim applications for payment. Lump sums are not to be given where unit rates are applicable. Unit rates may be used reciprocally in settlement of account unless conflict between them occurs. The Tenderer is therefore asked to ensure that identical items occurring at different sections of the estimate are not priced at different rates unless this is the deliberate intention.

1.11.3 The rates and prices quoted by the Tenderer will not be subject to adjustment by

reason of changes in the cost of materials, plant or labour. 1.11.4 The Contractor will be obliged to comply in all respects with the Virgin Islands

Labour Code Ordinance 2010 or any amendments thereto in connection with the employment and remuneration of all labour within the British Virgin Islands for the purposes of carrying out the works.

1.12 Currencies of Tender and Payment

1.12.1 The unit rates and prices shall be quoted by the Tenderer entirely in United States Dollars (US$)

1.13 Tender Validity

1.13.1 Tenders shall remain valid and open for acceptance for a period of 120 days after the date of tender opening prescribed in Clause 1.20.1.

1.13.2 In exceptional circumstances, prior to expiry of the request from the Tenderer a

specified extension in the period of validity may be made. The request and the responses thereto shall be made in writing via facsimile and/or personal delivery.

1.14 Variations in Tender Conditions

1.14.1 Tenderers shall submit offers, which comply fully with the requirements of the Tender Document, including the basic technical design as indicated in the Drawings and Specifications.

1.14.2 Tenderers wishing to offer unsolicited technical alternatives to the requirements

of the Tender Document must first price the basic technical requirements of the tender documents and shall further provide all information necessary for a complete evaluation of the alternative by the Employer, including design calculations, technical specifications, breakdown of prices, proposed reconfiguration methodology and other relevant details. Only the technical alternatives, if any, of the lowest evaluated Tender on the basic technical requirements shall be considered by the Employer.

1.15 Format and Signing of Tenders

1.15.1 The Tenderer shall prepare one original and two copies of the Document comprising the Tender as described in sub clause 1.10.2 of these Instructions to Tenderers, bound with the Volume containing the Forms of Tender, and clearly marked “ORIGINAL” and “COPY” as appropriate. In the event of any discrepancy between them, the original shall prevail.

1.15.2 The original and copies of the tender shall be typed or written in indelible ink and

shall be signed by a person or persons duly authorized to bind the Tenderer to the Contract. Proof of authorization shall be furnished in the form of a written Power of Attorney, which shall accompany the Tender. The person or persons signing the tender shall initial all pages of the Tender where entries or amendments have been made.

1.15.3 The complete Tender shall be without alterations, interlineations or erasures,

except those which are in accordance with instructions issued by the Employer or as necessary to correct errors made by the Tenderer, in which case such corrections shall be initialed by the person or persons signing the Tender.

1.15.4 One Tender may be submitted by each Tenderer except alternative offers

submitted pursuant to Sub-Clause 1.14.2. 1.16 Submission of Tenders

1.16.1 The Tenderers should submit one (1) original and two (2) copies of the tender. The original should be placed in a sealed envelope and marked “ORIGINAL” and the additional copies placed in another sealed envelope and marked “COPY”.

Both envelopes should be placed in an outer envelope and marked:

Tender for Construction of eco-tourism facilities in four National Parks

Lots […] (indicate the number of the lots tenderer is submitting for)

DO NOT OPEN

The outer envelope should be addressed as outlined below:

The Chairman, National Parks Trust 57 Main Street, Road Town Tortola, Virgin Islands (UK)

1.16.2 Tenders must be hand-delivered and deposited in the “Tender Box” at the address

specified in clause 1.16.1 no later than 4:30 PM on 7th February, 2014. Tenderers will be required to sign a register upon depositing their tender in the box and they will receive a receipt of the submission of their bid

1.16.3 The Employer does not bind itself to accept the lowest or any tender and will not

defray any costs incurred by the Tenderer.

1.16.4 If the outer envelope is not sealed and marked as instructed above, the Employer will assume no responsibility for misplacement or premature opening of the tender submitted. A Tender opened prematurely for this cause will be rejected by the Employer and returned to the Tenderer.

1.17 Extension of time for submission of Tenders

1.17.1 The Employer may, at his discretion, extend the deadline for submission of tenders by issuing an amendment in accordance with Clause 1.8, in which case all rights and obligations of the Employer and the Tenderers previously subject to the original deadline shall thereafter be subject to the new deadline as extended.

1.18 Late Tenders

1.18.1 Any Tender received by the Employer after the deadline for submission of

Tenders prescribed by the Employer in accordance with Clause 1.17 will be returned unopened to the Tenderer.

1.19 Modification and Withdrawal of Tenders

1.19.1 A Tenderer may modify or withdraw his tender after tender submission, provided that the modification or notice of withdrawal is received in writing by the Employer prior to the prescribed deadline for submission of Tenders.

1.19.2 The Tenderer’s modification or notice of withdrawal shall be prepared, sealed,

marked and delivered in accordance with the provisions of Clause 1.16 for the submission of Tenders, with the inner envelopes additionally marked “MODIFICATION” or “WITHDRAWAL” as appropriate.

1.19.3 No tender may be modified subsequent to the deadline for submission of Tenders.

1.20 Tender Opening

1.20.1 The Employer will open the tenders including submissions made pursuant to Clause 1.19 in the presence of Tenderers’ Representatives who choose to attend, at 10:00 AM on the 12th February, 2014 at the at the Joseph Reynold O’Neal Botanic Gardens, Tortola, British Virgin Islands. The Tenderers representatives who are present shall sign a register evidencing their attendance.

1.20.2 Tenders for which an acceptable notice of withdrawal has been submitted

pursuant to Clause 1.19 shall not be opened. The Employer will examine tenders to determine whether they are complete, whether the requisite Tender securities have been furnished, whether the Documents have been properly signed, and whether the Tenders are generally in order.

1.20.3 At the Tender Opening, the Employer will announce the Tenderers’ names, the

Tender Prices, written notifications of tender modifications and withdrawals, if any the presence of the requisite tender security and such other details as the Employer may consider appropriate.

1.20.4 The Employer shall prepare, for his own records, minutes of the Tender Opening,

including the information disclosed to those present in accordance with Sub-Clause 1.20.3.

1.21 Process to be Confidential

1.21.1 After the central opening of tenders, information relating to the examination, clarification, evaluation and comparison of Tenders and recommendations concerning the award of contract shall not be disclosed to Tenderers or other persons not officially concerned with such process until the award of the Contract to the successful Tenderer has been announced.

1.21.2 Any effort by a Tenderer to influence the Employer in the process of examination, clarification, evaluation and comparison of Tenders, and in concerning award of contract, may result in the rejection of the Tenderer’s Tender.

1.22 Clarification of Tender

1.22.1 To assist in the examination, evaluation and comparison of tenders, the Employer may ask Tenderers individually for clarification of their Tenders, including breakdowns of unit rates. The request for clarification and the response shall be in writing via email, but no change in price or substance of the tender shall be sought, offered or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer during the evaluation of the tenders in accordance with Clause 1.24.

1.23 Determination of Responsiveness

1.23.1 Prior to the detailed evaluation of Tenders, the Employer will determine whether each Tender is substantially responsive to the requirements of the tender documents.

1.23.2 For the purpose of this Clause, the substantially responsive tender is one which

conforms to all the terms, conditions and specifications of the Tender Documents without material deviation or reservation. A material deviation or reservation is one which affects in any substantial way, the scope, quality, or performance of the Works, or which limits in any substantial way, inconsistent with the Tender Documents, the Employer’s rights or the Tenderer’s obligations under the Contract, and the rectification of which deviation or reservation would affect unfairly the competitive position of other Tenderers presenting substantially responsive Tenders.

1.23.3 If a Tender is not substantially responsive to the requirements of the Tender

Documents, it will be rejected by the Employer, and may not subsequently be made responsive by the Tenderer having corrected or withdrawn the non-conforming deviation or reservation.

1.24 Correction of Errors

1.24.1 Tenders determined to be substantially responsive will be checked by the owner for any arithmetical errors in computation and summation. The Employer will correct errors as follows:

(a) Where there is a discrepancy between amounts in figures and in words, the

amount in words will govern; and

(b) Where there is discrepancy between the unit rate and the total amount derived from the multiplication of the unit rate and the quantity, the unit rate as quoted will govern, unless in the opinion of the Employer there is

an obviously gross misplacement of the decimal point in the unit rate, in which event the total amount as quoted will govern and the unit rate will be corrected.

1.24.2 The amount stated in the Form of Tender will be adjusted by the Employer in

accordance with the above procedure for the correction of errors and, with the concurrence of the Tenderer, shall be considered as binding upon the Tenderer. If the Tenderer does not accept the corrected amount of Tender, his Tender will be rejected.

1.25 Evaluation and Comparison of Tenders

1.25.1 The Employer will evaluate and compare only tenders determined to be substantially responsive to the requirements of the tender documents in accordance with Clause 1.23.

1.25.2 In evaluating tenders, the Employer will determine for each tender the Evaluated

Tender Price by adjusting the Tender Price as follows:

(a) Making any correction or errors pursuant to Clause 1.24.

(b) Making an appropriate adjustment for any other acceptable quantifiable variations, deviations or alternative offers not reflected in the Tender Price or in the above-mentioned adjustments.

1.25.3 The Employer reserves the right to accept or reject any variation, deviation or alternative offer. Variations, deviations, alternative offers and other factors which are in excess of the requirements of the tender documents or otherwise result in the accrual of unsolicited benefits to the Employer shall not be taken into account in tender evaluation.

1.25.4 If the tender of the successful Tenderer is seriously unbalanced in relation to the

National Parks Trust’s estimate of the real cost of work to be performed under the Contract, the Employer may require that the amount of the performance security set forth in this Contract be increased at the expense of the successful Tenderer to a level sufficient to protect the Employer against financial loss in the event of subsequent default of the successful Tenderer under the Contract.

1.26 Award Criteria

1.26.1 Subject to Clause 1.27, the Employer will award the Contract to the Tenderer whose tender has been determined to be substantially responsive to the tender documents and who has offered the lowest Evaluated Tender Price pursuant to Clause 1.24, provided further that the Tenderer has the capability and resources to carry out the Contract effectively.

1.27 Employer’s Right to Accept Any Tender and to Reject Any or All Tenders

1.27.1 Notwithstanding Clause 1.26, the Employer reserves the right to accept or reject any or all tenders without giving any reason for such rejection, and has the right to reject any non-complying tender that fails to meet any requirement, term or condition set forth in the tender documents, as well as relevant laws, rules and regulations.

1.27.2 Any one of the following circumstances, which are not exhaustive, may result in

the rejection of the affected tender, or disqualification of concerned Tenderers, and/or other administrative sanction whenever appropriate:

(a) False or misleading statements or evidence of fraud;

(b) Failure to furnish signatures or seals when required;

(c) Tenders without adequate Securities;

(d) Collusion to indicate attempt to connive among Tenderers, for the purpose

of fixing Tender Prices or negating competition;

(e) Giving or offering of any illegal compensation to officers, employees and or, agents of the National Parks Trust connected with the project;

(f) Failure to furnish any information required to be included in the Tender;

The Employer does not bind itself to accept the lowest or any tenders and is not obliged to give any reasons therefore.

1.28 Notification of Award

1.28.1 Prior to the expiration of the period of tender validity prescribed by the Employer, the Employer will notify the successful Tenderer in writing via facsimile and/or personal delivery that his Tender has been accepted. This letter (hereinafter called “Letter of Acceptance”) shall name the sum which the Employer will pay to the Contractor in consideration of the execution, completion and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter called “the Contract Price”).

1.28.2 The notification of award will constitute the agreement to enter into a formal

Contract.

1.28.3 Upon the furnishing by the successful Tenderer of a performance security in accordance with the provisions of Clause 1.30, the Employer will promptly notify the unsuccessful Tenderers that their tenders have been unsuccessful.

1.29 Signing of Agreement

1.29.1 At the same time that the Employer notifies the successful Tenderer that his Tender has been accepted, the Employer will send to the Tenderer the Form of Agreement provided in the Tender Document, incorporating all agreements between the parties.

1.29.2 Within 15 days of receipt of the Form of Agreement, the successful Tenderer shall

sign the Form and return it to the Employer. 1.30 Performance Security

1.30.1 Within 15 days of receipt of the notification of award from the Employer, the successful Tenderer shall furnish to the Employer a performance security in the form of a Bank Guarantee in the amount of 10% of the Contract Price.

1.30.2 The Bank Guarantee shall be in the Form provided herein, and shall be issued by

either a bank in the British Virgin Islands or a foreign bank through a correspondent bank located in the British Virgin Islands; or with the agreement of the Employer directly by a foreign bank acceptable to Employer.

1.31 Rule of origin for materials and equipment

1.31.1 Up to the limit indicated for each lot in the following table, materials and

equipment to be supplied under the contract can originate from all over the World. Beyond these values, materials purchased must originate in European Union States contributing to the European Development Fund, ACP States or Overseas Territories Countries (see letter from European Union Delegation).

Lot1 Lot2 Lot3

€56, 657.62 Euro €8,465.90 Euro €5,604.84 Euro

Currency Converter:

http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_en.cfm

11.31.2 Clause 1.31.1 does not apply to the contractor’s equipment which will be used during the construction

SECTION 2 FORM OF TENDER

FORM OF TENDER Identification Number:    NPTVI 05/2013 

Name of contract:   Construction of eco‐tourism facilities in four National Parks 

 To:        Chairperson 

National Parks Trust 57 Main Street, Road Town Tortola, Virgin Islands (UK) tenders@bvinpt.org 

   

1  SUBMITTED BY 

  Name of tenderer  Nationality3 

Leader4     

Member 2     

Etc..     

 

2  CONTACT PERSON FOR THIS TENDER 

Name   

Address   

Telephone   

Fax   

E‐ mail   

                                                            3 Country in which the legal entity is established. 4 Add/delete additional lines for members as appropriate. Note that a subcontractor is not considered to be a

member for the purposes of this tender procedure. If this tender is being submitted by an individual tenderer, the name of the tenderer should be entered as ‘leader’ (and all other lines should be deleted).

TENDERER’S DECLARATION

1. We have examined and taken into account the following documents:

(1) FIDIC Short Form of Contract - Conditions of Contract (General Conditions and Particular Conditions) (Sections 12 & 13)

(2) Appendix to Contract (Section 3)

(3) Other Tender Documents (Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15)

(4) Drawing Numbers (as listed in Section 9)

We hereby accept its provisions in their entirety, without reservation or restriction.

2. We offer to execute, in accordance with the terms of the tender dossier and the conditions and time limits laid down, without reserve or restriction, the following works:

3. The price of our tender [excluding the discounts described under point 4] is (in US Dollars): Lot No 1: [……………………………………………..] Lot No 2: [……………………………………………..] Lot No 3: [……………………………………………..]

4. We will grant a discount of [%], or […………..] [in the event of our being awarded Lot No ..., No .... and Lot No ………]

5. This tender is valid for a period of 120 days after the date of tender opening prescribed in Clause 1.20.1 of the Instructions to Tenderer.

6. We are not in any of the situations excluding us from participating in contracts listed in

section 1.3.2 of the Instructions to Tenderer. In the event that our tender is successful, we undertake, if required, to provide the proof usual under the law of the country in which we are established that we do not fall into these exclusion situations. The date on the evidence or documents provided will be no earlier than one year before the date of submission of tender and, in addition, we will provide a statement that our situation has not altered in the period which has elapsed since the evidence in question was drawn up.

We also understand that if we fail to provide this proof within 15 calendar days after receiving the notification of award, or if the information provided is proved false, the award may be considered null and void.

7. We agree that the proper law of the Contract shall be the Laws of the Virgin Islands.

8. We agree that these tender documents and the terms and conditions of contract shall comprise the sole binding documentation applicable to this tender or to the contract.

9. We agree that all information supplied by the Employer to the Tenderer will be treated in confidence and not disclosed to third parties except insofar as this is necessary to obtain sureties or quotations for the purpose of submitting the tender. All information supplied by the Tenderer to the Employer will similarly be treated in confidence, except that references may be sought from banks, existing or past clients, or other referees submitted by the Tenderer.

10. We have provided with our tender the priced Bills of Quantities, which were used for

calculating the Tender Sum. These Bills shall form part of our Tender and we agree that in the event of a contract being awarded the rates in the said Bills shall be used for the measurement and valuation of any alteration in, addition to or omission from the Works as described in the Specification and/or Drawings.

We accept full responsibility for the accuracy of all prices provided in this tender and agree that these prices include full provision for any increases in the costs for whatsoever reason over the period of time from submission of tender to completion of the project and settlement of the final account.

11. We accept that any and all omissions or errors in pricing are our responsibility and agree

that should any errors in arithmetic be discovered in the Bills of Quantities submitted by us during consideration of this offer, these errors will be corrected by giving us an opportunity of either confirming our offer or amending it to correct such errors.

12. We have included in our tender for taxes, fees and all charges applicable to materials, appliances, labour and all things subject to and upon which taxes or other charges may be levied and (where required by the contract documents listed overleaf), have made allowance for currency exchange rates and the provision of a Performance Security, Advance Payment Guarantee and Bank guarantee for eventually replace the Retention Security.

13. If this offer is accepted and subject to and in accordance with previous paragraphs above

and the terms and conditions contained or referred to in the documents listed in paragraph 1, we undertake to provide the Specified Performance Security, commence the works as soon as is reasonably practicable after the commencement date and complete the works within a period of [………] months, from commencement on site.

Name and first name: […………………………………………………………………]

Duly authorised to sign this tender for and on behalf of: [Name of company]

[…………………………………………………………………]

Place and date: […………………………………………………………….………….]

Stamp of the firm/company   

SECTION 3 APPENDIX TO TENDER

APPENDIX A

APPENDIX TO TENDER This Appendix forms part of the Agreement. Item Sub-Clause Data Time for Completion 1.1.9 ______ days from the Commencement of works

Law of the Contract 1.4 Laws of the Virgin Islands

Language 1.5 English

Provision of Site 2.1 on signing the Contract Authorized Person 3.1 To be notified by Employer.

Performance Security 4.4 10% of Contract Sum

Commencement of Works 7.1 ______________ Program of Works: 7.2 submit within 14 days of the

commencement date Amount of liquidated damages 7.4 0.1% of the final Contract Price per day Period for Notifying defects 9.1 & 11.5 183 days from the date stated in the notice s/c 8.2

Variation procedure 10.2 day work rates Valuation of the Works 11.1 Lump Sum Price with Priced Bill of Quantities

Value of Materials on Site 11.2 materials 100%

Percentage of Retention 11.3 5% for Lot 1, 10% for Lot 2 and 3

Currency of Payment 11.7 United States Dollars

Amount of Advance Payment 11.9 10% of Contract Sum Amount of Third Party Insurance 14.1 $500,000

SECTION 4 CERTIFICATE OF VISIT TO SITE

   

Construction of eco‐tourism facilities in four National Parks  

NPTVI 05/2013 

1. This is to certify that I, _________________________________________ (Name of Tenderer or his Representative) of the Firm of ______________________________________________________________________________________________________________________________________

visited the Site(s) in connection with the tender for:

The Construction of eco-tourism facilities in four National Parks

Lot [….] on ________________________20___ Lot [….] on ________________________20___ Lot [….] on ________________________20___

2. Having previously studied the Tender Documents, I have carefully examined the Site(s) 3. I have made myself familiar with all the local conditions influencing the works and the

cost thereof. 4. I further certify that I understand fully the works to be done as specified and to be

executed under the Contract. 5. Signature Tenderer or his Representative:

Signed at ____________________________________________

Date ________________________________________________

Signature ____________________________________________

Name _______________________________________________

Position ______________________________________________

SECTION 5 CERTIFICATES OF GOOD STANDING

(The following forms are the ones to be used by Tenderers registered in BVI. Others Tenderers will present corresponding certificate issued by the competent authority of the State concerned).

INLAND REVENUE DEPARTMENT GOVERNMENT OF THE BRITISH VIRGIN ISLANDS

33 Admin Drive, P.O. Box 4634, Road Town, Tortola, VG1110 British Virgin Islands

Tel: (284) 468-3701 (ext. 2155) Fax: (284) 468-6516

email: bvitaxes@gov.vg Website: www.finance.gov.vg

CERTIFICATE OF GOOD STANDING

I hereby certify that ........................................................................................................................... ……………………………………………………………………………………………………… of …………………………………………………………………………………………………...     is in good standing.     owes an undisclosed amount of tax.     satisfactory arrangements have been made to liquidate the above amount. DATE

_____________________________________________ COMMISSIONER OF INLAND REVENUE

SECTION 6 TRADE LICENCE FORM

Act No. 10 of 1989

SECOND SCHEDULE (Section 7)

DEPARTMENT OF TRADE AND CONSUMER AFFAIRS

PREMIER’S OFFICE

GOVERNMENT OF THE VIRGIN ISLANDS

License for a Business/ Professional / Trade*

Name and Address if Licensee

Has been duly licensed to engage in the Business / Profession / Trade* of

Address of licensed premises

Effective Date

mm/dd/yy

Expiration Date

mm/dd/yy

____________________

for Premier

Ministry of Trade

This license issued, subject to payment in full, will be valid until

SECTION 7

BILL OF QUANTITIES

o Lot 1. construction of a visitor centre at the Copper Mine, two vending units at the Baths

National Park and remedial works of the lookout tower at Gorda Peak (Virgin Gorda),  

o Lot 2.  construction of a visitor centre at the Iguana Headstart Facility at The Settlement, Anegada,

o Lot 3.  construction of a visitor centre at Sage Mountain (Tortola)

SECTION 8 TENDER DRAWINGS

o Lot 1. construction of a visitor centre at the Copper Mine, two vending units at the Baths National Park and remedial works of the lookout tower at Gorda Peak (Virgin Gorda),  

o Lot 2.  construction of a visitor centre at the Iguana Headstart Facility at The Settlement, Anegada,

o Lot 3.  construction of a visitor centre at Sage Mountain (Tortola)

SECTION 9 TENDER SPECIFICATIONS

o Lot 1. construction of a visitor centre at the Copper Mine, two vending units at the Baths National Park and remedial works of the lookout tower at Gorda Peak (Virgin Gorda),  

o Lot 2.  construction of a visitor centre at the Iguana Headstart Facility at The Settlement, Anegada,

o Lot 3.  construction of a visitor centre at Sage Mountain (Tortola)

SECTION 10 FORM OF AGREEMENT

THIS AGREEMENT is made the _________day of ________________________ 2013 BETWEEN Mrs Sheila Brathwaite, Chairperson of the National Parks Trust of Virgin Islands acting for and on behalf of the National Parks Trust of Virgin Islands, 57 Main Street, Road Town, Tortola, British Virgin Islands (hereinafter called “The Employer”) of the one part AND _______________________________________________ acting for and on behalf of _______________________________________________________, a limited liability company under the Laws of the Virgin Islands whose registered office is situated at _____________________________________________ (hereinafter called “The Contractor”) of the other part, both collectively referred to herein as the Parties as the context requires. WHEREAS: The Employer is desirous that the Contractor executes the works for: Lot [____] __________________________________________________ (hereinafter called the “Works”) and the Employer has accepted the Contractor’s proposal for the execution and completion of the Works and the remedying of any defects therein in the sum of (words)______________________ (US$_______________) being a sum based upon prices inserted by the Contractor in the Bill of Quantities (hereinafter called “the Contract Price”).

Now this Agreement witnessed as follows:

1. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of the Contract hereinafter referred to.

2. The following documents as well as this agreement constitutes the entire agreement

between the parties, and supersedes any prior agreements, with respect to the subject

matter hereof. These documents shall be deemed to form and be read and construed as

part of this agreement:

1. The Letter of Acceptance

2. Priced Bill of Quantities

3. The Particular Conditions of Contract;

4. FIDIC Short Form of Contract – General Conditions;

5. Contract Drawings

6. Implementation Schedule;

9. Insurance Policies of the Contractor.

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

hereinafter mentioned the Contractor hereby covenants with the Employer to execute and

complete the Works and the remedying of any defects therein in conformity in all

respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution

and completion of the Works and the remedying of any defects therein the Contract Price

or such other sum as may become payable under the provisions of the Contract at the

times and in the manner prescribed by the Contract.

5. This agreement will be governed by and construed in accordance with the Laws of the

Virgin Islands and each party hereby submits to such jurisdiction.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the

day, month and year first before written above.

Signed by Mrs Sheila Brathwaite, Chairperson of the National Parks Trust of Virgin Islands

Mrs Sheile Brathwaite

Chairperson

In the presence of )

)

…………………………………………….. )

Witness

Name of Witness:

Address of Witness:

Signed by __________________ duly authorized by ___________________________ to

execute this Agreement)

)

In the presence of : )

)

)

……………………………………………….. )

Witness Name of Witness: Address of Witness:

NOTARY CERTIFICATION

I HEREBY CERTIFY that the above-named Mrs Sheila Brathwaite appeared before me on

the……………day of ……………….., 20…. and being known/identified to me acknowledged

the above signature to be his and that he had freely and voluntarily executed this instrument for

and on behalf of the National Parks Trust of the Virgin Islands and understood its contents.

……………………………………………………..

Notary Public

I HEREBY CERTIFY that the above-named ………………….. appeared before me on

the…………day of ……………………….., 20….and being known/identified to me

acknowledged the above signature to be his and that he had freely and voluntarily executed this

instrument for and on behalf of ……………………………... and understood its contents.

……………………………………………………..

Notary Public

SECTION 11 GENERAL CONDITIONS OF CONTRACT

SECTION 12 PARTICULAR CONDITIONS

PARTICULAR CONDITIONS OF CONTRACT The following Particular Conditions of Contract amend and/or modify the “Short Form of Contract” First Edition 1999 published by Federation International des Ingenieurs Conseils (FIDIC) and collectively form part of the General Conditions. I) Additional Clauses to be added to Section 1 1.1 Definitions Persons 1.1.6.1 Project Manager or Contract Administrator (CA) means the Executive Director of the National Parks Trust of Virgin Islands and the legal successors in title to this person, and his permitted assignees. 1.1.6.2 The CA has been appointed by the Employer and shall carry out the duties assigned to the Employer under the terms of the Contract. 1.1.6.3 The CA does not have the authority to amend the Contract. 1.1.6.4 Whenever the CA exercises a 'specified authority for which the Employer's approval is required', then unless the contrary is expressed, the Employer shall be deemed to have given approval. 1.5 Communications 1.5.2 All notices and communications required or authorised to be served hereunder shall be sent by registered mail to or delivered by hand at the place of business or the registered office of the party upon whom notice or a communication is being served and any such notice or communication shall be deemed to have been served on the day of proved receipt if delivered by hand or three days after posting, whichever date is earlier. Notices and communications may also be served by facsimile in which case the sender’s fax confirmation sheet shall be proof of the date and time that same was received by the other party. 1.5.3 Written communication shall all contain a reference number in numerical sequence and a date. Facsimiles shall indicate on the cover page the total number of pages comprising the transmission. 1.5.4 Documents that are revised will be re-issued as revisions of the original documents and shall be annotated as such. Any alterations to a drawing or document necessary to temporarily provide additional information or clarification, will be signed by the Architect.

1.6 Statutory Obligations

1.6.1 The Contractor shall note that this Contract will be exempt from Import Duties on Materials and Equipment. The Contractor shall be responsible for the completing the HMC12 forms, which shall be endorsed by the CA and the Employer as being bona fide materials and equipment required for the Works and submit these to the relevant Authorities, copied to the CA. 1.7 – Confidentiality

Add the following Clause 1.7 after Clause 1.6:

“The Contractor shall treat the details of the Contract as private and confidential, except to the

extent necessary to carry out obligations under it or to comply with applicable laws. The

Contractor shall not publish, permit to be published, or disclose any particulars of the Works in

any trade or technical paper or elsewhere without the previous agreement of the Employer.”

1.8 – Visibility

Add the following Clause 1.8 after Clause 1.7:

Save where the European Commission requests or agrees otherwise, the Contractor shall take the necessary measures to ensure the visibility of the European Union financing or co-financing.

These measures must comply with the rules laid down and published by the Commission on the visibility of external operations:

http://ec.europa.eu/europeaid/work/visibility/index_en.htm .

II) Deletions to Section 2 2.4 Approvals Clause 2.4 is to be deleted III) Additional Clauses to be added to Section 2 2.5 Site Inspection The Contractor price is deemed to include any and all factors arising from the site inspection which may affect the Works. IV) Additional Clauses to be added to Section 4 4.1 General Obligations 4.1.1 The Contractor shall ensure that all persons engaged in the Works are provided with all necessary safety equipment to safely perform their duties; additionally it shall instruct its employees in safety procedures and provide written instructions. The Contractor shall also

provide qualified supervision for the safe handling/use of dangerous substances, and the completion of Works that may involve risk to those performing the Works. 4.1.2 The Contractor shall accept full responsibility for any damage to property or persons whether accidental or otherwise, caused by itself, by any person in its employment or by any other extraneous source and shall insure itself against such acts. 4.1.3 The Contractor agrees that persons in its employment, its staff or its sub-contractors will not consume unlawful drugs, alcohol or other substances at any time on the Site and/or such persons shall not arrive or remain at the Site under the influence of the aforementioned substances. At special occasions, (Opening Ceremonies etc.) alcohol may be consumed on site with the prior written approval of the Employer. 4.1.4 The Contractor agrees that the Employer may direct the temporary or permanent removal from the Site of any of the Contractor’s employees who endangers the safety of others, or commits theft, arson, willful damage, or other unlawful acts, or who refuses the instructions or direction of the Employer, or who is considered, in the Employer’s sole discretion, to be unfit to work for whatsoever reason. The Contractor also agrees to provide a suitable replacement for any person permanently removed from the Site, under this paragraph. 4.1.5 The Contractor shall comply with the provisions of the Labour Code Ordinance 2010 and any amendment and/or replacement thereof or promulgation thereunder. 4.1.6 The Contractor shall provide a comprehensive list of names of all personnel, inclusive of workers, management and all subcontractor’s personnel prior to the commencement of work and maintain a daily log of all personnel that enter and exit the work site. 4.2 Contractor’s Representative 4.2.1 The Contractor’s Representative shall have the full delegated authority to make decisions for and on behalf of the Contractor and shall be fluent in written and spoken English. 4.2.2 The Contractor’s representative shall be resident on the Site on all days that the Contractor or its sub-contractors are working and shall have full authority to make any decisions necessary for the execution of the Works, to place orders for Materials, to receive instructions and carry out Variations and to communicate directly with the Employer and represent the Contractor at Site Meetings. 4.2.3 The Contractor shall provide the Contractor’s Representative with a telephone, answering machine, facsimile machine that may be located on the Site and provide such details to the Employer. 4.5 Discrepancies The Contractor shall draw to the attention of the Employer any error or discrepancy in the Contract Documents that would materially affect the Contractor’s Work or the work of others (the Works), or endanger personnel, equipment or installations, as soon as any such discrepancy shall be noticed. 4.6 Meetings

The Contractor or his representative is required to attend any meetings as arranged by the Employer for the purposes of discussing the Works. The Contractor shall accept full responsibility for ensuring his employees, staff or sub-contractors attend the meeting. VI) Additional Clauses to be added to Section 7 7.2 Programme 7.2.1 The Contractor shall revise the programme as necessary in accordance with changing circumstances, and to meet the approval of the Employer. Any such revision must be approved by the Employer in order for same to be valid. VII) The first paragraph of Clause 9.1 is to be deleted and replaced with: The Employer may at any time prior to the expiry of the period stated in the Appendix, notify the Contractor of any defects or outstanding Works. The Contractor shall remedy at no cost to the Employer defects due to the Materials, Plant, any design undertaken by the Contractor, workmanship not being in accordance with the Contract and/or any other fault of the Contractor.

VIII) Clauses to be added to Section 10 10.2 Valuation of Variations

f) by using any other method of valuation that may be specified by the Employer from time to time.

IX) Amendments to Clauses Section 11 11.2 Monthly Statements Delete the words “The Contractor shall submit each month to the Employer a statement showing the amounts to which he considers himself entitled.” And replace with: The Contractor shall submit each month to the CA a statement showing the amounts to which he considers himself entitled. The CA shall assess the Contractor’s statement and prepare a Certificate, which shall be submitted to the Employer showing the amounts to which the CA considers the Contractor is entitled. 11.3 Interim Payments

Delete the words ”Within 28 days of the delivery of each statement, the Employer shall pay to the Contractor the amount shown on the Contractor’s Statement less retention at the rate stated in the Appendix, and less any amount for which the Employer has specified his reasons for disagreement.” And replace with: ”Within 28 days of the delivery of each Certificate, the Employer shall pay to the Contractor the amount shown on the CA’s Certificate less retention at the rate stated in the Appendix, and less any amount for which the Employer has specified his reasons for disagreement.” X) Additional Clauses to be added to Section 11 11.3 Interim Payments 11.3.1 The Contractor accepts that any payment made to him for “materials on site” automatically transfers ownership of those materials to the Employer, but that the custodianship, risk, careful storage of the materials and their safe and proper installation into the Works, shall remain the responsibility of the Contractor until full acceptance of the completed Works. 11.5 Payment of Second Half of Retention 11.5.1 The remainder of the retention may be replaced by the provision of a Bank guarantee of the same amount. The Bank Guarantee shall be in the Form provided herein, and shall be issued by either a bank in the British Virgin Islands or a foreign bank through a correspondent bank located in the British Virgin Islands; or with the agreement of the Employer directly by a foreign bank acceptable to Employer. 11.5.2 The replacement of the remainder of the retention by a Bank Guarantee in the terms cited in sub clause 11.5.1 is compulsory if the expiry of the period stated in the Appendix, or the remedying of notified defects or the completion of outstanding works go beyond the 31st December 2014. 11.6 Final Payment 11.6.1 On completion of the Works, the Contractors submittal for Final Account shall include full supporting documentation and substantiation for any payments considered to be outstanding in respect of Day works or other Work not specified within the Contract Documents and executed by the Contractor in compliance with the contract documents or under the written directions of the Employer. 11.6.2 The Employer shall examine the Final Account and associated documentation submitted by the Contractor, and may request the Contractor to supply any additional information he considers necessary to allow an exact computation of the Final Account. 11.6.3 The Employer shall within 30 days of receipt of the Contractors submittal for Final Account, provide the Contractor with a Final Account detailing the Sum due to the Contractor.

11.9 Advance Payment 11.9.1 Following the Signing of the Contract, the Contractor may make application for an Advance Payment of 10% of the Contract Sum to purchase equipment and materials and meet other expenditure resulting in the commencement of this Contract. The good faith payment already made by the Employer to the Contractor shall be deducted from the Advance Payment and the Contractor paid the balance. 11.9.2 The Contractor shall use the Advance exclusively for his operations connected with the execution of the Works. 11.9.4 Repayment of the Advance shall start when payments made under the Contract reach 25% of the Contract Sum and shall be completed by the time these payments reach 90% of the Contract Sum. XII) Clauses to be omitted from Section 15 15.1 Adjudication Delete the item 15.2 Notice of Dissatisfaction Works Delete the item 15.3 Arbitration Delete the item XIII) Additional Clauses to be added to Section 15 15.4 Mediation If any dispute or difference concerning this Agreement shall arise between the parties such dispute or difference shall be and is hereby referred to mediation within five (5) business days of such dispute arising. The mediator shall be appointed by the mutual agreement of the parties. In the event that the parties cannot so agree within a period of ten (10) days, the Mediator shall be appointed by the President of the BVI Bar Association. In the event that any dispute is not resolved by mediation, then such dispute shall be referred to arbitration in accordance with the provisions of the Arbitration Act Cap 6 of the Laws of the British Virgin Islands. XIV) New Clause Section 16 16.1 Placing of Orders The Contractor shall, upon execution of the Contract, immediately place all order for equipment and materials.

SECTION 13

PERFORMANCE BOND AND BANK GUARANTEE

 

We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. This guarantee is valid until 28 days after the expiry date of the Defects Notification Period for the works under this Contract. DATE SIGNATURE OF THE BANK ………………………………………… WITNESS SEAL:

SECTION 14 ADVANCE PAYMENT GUARANTEE

   

To: THE NATIONAL PARKS TRUST OF VIRGIN ISLANDS

(hereinafter called “the Employer”).

Re: Contract No:

(“the Contract”).

In accordance with the Conditions of Contract (Sub-Clause 11.9 (Advance Payment)) of the Contract,

of

(“the Contractor”) is required to provide the Employer with a guarantee in amounts and currencies equal

to the advance payment, namely:

US$ [GBP]

We, of , unconditionally

and irrevocably guarantee to pay (as primary obligor and not as surety merely) to the Employer on his

first demand without any right of objection whatsoever on our part and without any Employer’s first

claim to the Contractor, amounts from time to time so demanded not exceeding the amount[s] stated

above.

We shall be, and continue to be, liable under this guarantee even if the Contract is or becomes not binding

on, or unenforceable against, the Contractor, for any reason whatever. No alterations in the Contract, or

in the Works described therein, and no extension of time, forbearance or forgiveness, nor any act, matter

or thing whatsoever except expiry in accordance with its terms or an express release by the Employer,

shall in any way release or reduce our liability under this guarantee. References to the Contract in this

guarantee shall include all amendments, variations and additions to it, whether made before or after the

date hereof. We hereby waive notice of any such amendment, variation or addition.

The amount of this guarantee shall be progressively reduced by the amount of the advance payment

repaid by the Contractor in accordance with the Contract.

This guarantee (as so progressively reduced) shall remain valid and in full effect until the Employer

receives full repayment of the amount[s] stated above from the Contractor.

The proper law of this guarantee shall be the law of the Turks and Caicos Islands, and all matters relating

hereto shall be determined by the courts of the Turks and Caicos Islands.

IN WITNESS whereof we have caused this guarantee to be executed as a Deed this

day of 20

THE COMMON SEAL of

was hereunto affixed in the presence of:

Director

Secretary