1 · Web viewDisputes will be settled pursuant to the Fédération Internationale des...

Hulhumale’ cemetery Mosque and Mortuary Project 2015- Tender Document Set

Number: HDC/TEN/2015/02

B I D D I N G D O C U M E N T S

Hulhumalé Cemetery Mosque and Mortuary Project 2015

Hulhumalé, Republic of Maldives

October 2015

Page | 1


S E C T I O N 1 : I N V I T A T I O N F O R B I D S



October 2015

Page | 2


Section 1. INVITATION FOR BIDS

Housing Development Corporation is seeking proposals from technically qualified parties for the construction of mosque and mortuary in Hulhumalé Maldives. The project is known as the “Hulhumalé Cemetery Mosque and Mortuary Project 2015”.

Housing Development Corporation is the implementing agency and Employer for the project.

Employer requires to execute the project “Hulhumalé Cemetery Mosque and Mortuary Project 2015” which comprise of the following:

Construction of two storey Mosque, with a building area of 269.34m2

(2899.2ft2) as per drawing and specification. Construction of Single storey ablution area near mosque, with a building

area of 56.40m2 (607.11ft2) as per drawing and specification. Construction of Single storey Mortuary, with a building area of 293.19m2

(3155.9ft2) as per drawing and specification.

The Employer now invites all contractors to submit sealed bids for execution and completion of the cited contract.

Following receipt of your request for the bid documents for the project and receipt of the non-refundable fee, please find, in accordance with the Instructions to Bidders one copy of the following set of Bidding Documents:

Section 1 : Invitation for Bids

Section 2 : Instructions to Bidders

Section 3: Qualification Information

Section 4 : Conditions of Contract – Part 1: General Conditions

Section 5 : Conditions of Contract – Part 2: Particular Conditions

Section 6 : Employer’s Requirement.

Section 7 : Forms

Section 8 : Bill Of Quantities

Section 9: Agreement and Guarantee forms

Section 10: Drawings

Page | 3


Section 11: Technical specification

Bids shall be valid and accompanied with a Bid Security according to Instructions to Bidders.

Bids shall be submitted according to the Instructions to Bidders.

Yours Sincerely,

..........................Mohamed SaimanManaging DirectorHousing Development Corporation Ltd.

Page | 4


S E C T I O N 2 : I N S T R U C T I O N S T O B I D D E R S ( “ I T B ” )


October 2015

Page | 5



2.1 Relevant Background Information

Given below is the relevant background information.

1. Project Scope : The scope of work includes construction of the following works on Hulhumalé, Republic of

Maldives.

Construction of two storey Mosque, with a building area of 269.34m2 (2899.2ft2) as per drawing and specification.

Construction of Single storey ablution area near mosque, with a building area of 56.40m2

(607.11ft2) as per drawing and specification. Construction of Single storey Mortuary, with a building area of 293.19m2 (3155.9ft2) as per

drawing and specification.

Note: The figures given are approximate values thus it’s for information only. Therefore the General Contractor shall be responsible to counter check the given figures from the site, drawing and other documents provided prior to pricing.

2. Design and Specifications : The design have been done by Housing Development Corporation Ltd., and the works should be

conforming to British Standard (BS) Specifications.

3. Type of Contract and Agreement :The contract will be a priced as Measure & Pay contract and the agreement will be based on the “Conditions of Contract for Construction, For Building and Engineering works Designed by the Employer”, First Edition 1999 published by the Fédération Internationale Des Ingénieurs-Conseils (FIDIC),

4. Method of Implementation :The contractor will be expected to bring in all materials, machinery, equipment and necessary labour. The contractor will be expected to provide food and lodging for all management staff and labour at site. The contractor has to provide temporary water and electricity connection and bear the cost for connection and monthly charges. The contractor will have to conform to the Laws of the Republic of Maldives in all respects in executing the works.

5. Time for Completion :The duration for completion of the works is maximum 90 Calendar Days.

6. Exemption from Customs Duties and Taxes :The contractor has to bear the customs duties on imports of materials, machinery and equipment related to the contract according to the local regulations.

7. Funding :The contract will be funded by Housing Development Corporation, Maldives

8. Contractor: The contractor or lead partner in a joint venture for the project should be from Maldives.

Page | 6


9. Advance payment :The contractor will be entitled to an advance payment of 15% of the agreed contract sum, upon submission of an acceptable Bank Guarantee. The advance shall be deducted at a rate of 15% of each and every certified interim payment.

10. Performance bond :The contractor will have to submit a Performance Bond equal to 10 % (Ten percent) of the contract sum. This bond should be valid throughout the contract and defects liability period.

11. Retention Monies : Retention will be deducted at 10% (ten percent) of each and every interim payment, up to a maximum of 5% (five percent) of the contract sum. Retention will be released on completion of the defects liability period, subject to making good all defects.

12. Defects liability period : The defects liability period will be one year after practical completion and handover of the works.

15. Liquidated damages :Liquidated penalty damages will be levied at the rate of 0.1% (naught point one percent) for each and every day’s delay in completion by the contractor, up to a maximum of 10% of the final contract price, less time of extensions granted.

16. Resolution of disputes : Disputes will be settled pursuant to the Fédération Internationale des Ingénieurs-Conseils (FIDIC)-1st Edition 1999, Conditions of Contract for EPC/Turnkey Projects.

17. Language of Contract :

The language of the contract shall be English and the contractor will be expected to have site staff competent in English or provide translators where necessary.

18. Submission of bids : All applicants who have obtained bid documents will be expected to submit their bids within the

dates as specified in the Sub clause 20 of ITB.

19. Validity of bids: Validity period of the Bid will be 60 days from the date of submission.

20. Bid Security Bid security of this project is MVR 100,000.00

21. Material transport to the island For the transport of the Materials to the Hulhumalé’ island, contractors has to follow the local rules and regulations and has to bear all the cost involved.

22. Contractors Yard Contractors yard to be allocated within the site. If the contractor request for an additional yard, it will be allocated based on the requirement.

Page | 7


..........................Mohamed SaimanManaging DirectorHousing Development Corporation

Page | 8


2.2 Instructions to Bidders (“ITB”)

Page | 9


A. General

1 Scope of Bid 1.1 Housing Development Corporation, (hereinafter "the Employer“) wishes to receive bids for Hulhumalé Cemetery Mosque and Mortuary Project 2015 (the “Works”) comprising of:

Construction of two storey Mosque, with a building area of 269.34m2 (2899.2ft2) as per drawing and specification.

Construction of Single storey ablution area near mosque, with a building area of 56.40m2 (607.11ft2) as per drawing and specification.

Construction of Single storey Mortuary, with a building area of 293.19m2 (3155.9ft2) as per drawing and specification.

No Exclusions, all works to complete the works must be executed according to the Employer’s Requirement and the Contract of the Hulhumalé Cemetery Mosque and Mortuary Project 2015

1.2 The successful bidder will be expected to complete the Works within the period stated in the Appendix to Tender from the date of commencement of the Works.

1.3 Throughout these Bidding Documents, the terms “bid” and “tender” and their derivatives (bidder/ tenderer, bid/ tendered, bidding/ tendering, etc.) are synonymous. And “day” means calendar day. The words denoting the singular shall include the plural and vice versa.

1.4 Unless mentioned otherwise, all the documents requested to be submitted as per any of the clauses below and anywhere else in this bid, should be submitted and noncomplianceto this may lead to rejection of that particular Proposal at the Bid Evaluation Stage.

2 Source of Funds 2.1 The Housing Development Corporation, Republic of Maldives will fund the Project.

3 Eligible Bidders 3.1 This Invitation to Bid is open to all the bidders that meet all of the requirements in Bid Qualification Information under Section 3 and following requirements;

the bidder (including all the members of a joint venture) shall not be affiliated with a firm or entity that:i) has provided consulting services related to the Works to the Employer during the preparatory stages of the Works; or

ii) Has been hired by the Employer for provision of any services for the Works1) The Company should have been in operation since at least 3 (Three)

year(s) prior to the date of Bid Submission.

2) The above must be supported by submission of the following documentation. Failure to do so WILL render the Bidder ineligible and lead to disqualification of the bid.

Page | 10


(i) Copy of Business Registration Certificate.(ii) Business profile / work profile(iii) GST Registration certificates (iv) Documents signed by previous Customers

indicating the project value, duration and completion date corresponding to and supporting the above.

Late submission of any of the above mentioned documents will not be entertained.

3.2 Bidders are required to produce a signed declaration stating that they have no continuing decreed debt, have not been convicted of theft, fraud and/or embezzlement during the last five years. In case of companies and partnerships, the declaration should be for the company, partners, directors, and shareholders of private limited companies.

4 Qualification of the Bidder

4.1 To be qualified for award of the Contract, bidders shall submit a written power of attorney/Resolution by the Board of Directors of the Company authorizing the signatory of the bid to commit the bidder.

4.2 Bids submitted by a joint venture of two or more firms as partners shall comply with the following requirements:

(a) the Bid, and in case of a successful Bid, 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, and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners;

(c) the partner in charge shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partners of the joint venture, and the entire execution of the Contract, including payment, shall be done exclusively with the partner in charge;d) all partners of the joint venture shall be liable jointly and severally for the execution of the Contract in accordance with the Contract terms, and a statement to this effect shall be included in the authorization mentioned under (b) above, as well as in the Form of Tender and in the Form of Agreement (in case of a successful Bid);

(e) a copy of the agreement entered into by the joint venture partners shall be submitted with the Bid, giving details of work distribution.

5 One Bid per Bidder 5.1 Each bidder shall submit only one bid either by himself, or the bidder as a partner in a joint venture, or as a shareholder in a private

Page | 11


company. A bidder who submits or participates in more than one bid will be disqualified.

6 Cost of Bidding 6.1 The bidder shall bear all costs associated with the preparation and submission of its bid, and the Employer will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. However, upon submission of the bid to the Employer, the bid will become the absolute property of Housing Development Corporation, and the bidder will not have any right whatsoever to claim back any of the documentation or material comprising the bid.

7 Site Visit 7.1 The bidder shall visit and examine the Site of the Project and its surroundings and obtain for itself on its own responsibility all information that may be necessary for Design and preparing the bid and entering into a contract for execution of the Works. The costs of visiting the Site shall be at the bidder's own expense.

7.2 The bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the bidder, its personnel, and agents, will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.

8 Content of Bidding Documents

8.1 The Bidding Documents are those stated below, and bidding should be read in conjunction with any Addenda issued documents in accordance with Clause 10 of this ITB:

Section 1-Invitation for Bids

Section 2-Instructions to Bidders

Section 3 – Forms of Bid Qualification Information

Section 4-Conditions of Contract -Part I: General Conditions of Contract

Section 5-Conditions of Contract -Part II: Particular Conditions

Section 6- Employer’s Requirements.

Section 7- Form of Tender, Appendix to Tender, and Bid Security

Section 8: Bill of Quantities

Section 9-Form of Agreement, Forms of Performance Security, and

Page | 12


Advance Payment Bank Guarantee

Section 10: Drawings

Section 11: Technical specification

8.2 The bidder is expected to examine carefully the contents of all the above documents. Failure to comply with the requirements of bidder’s own risk. Pursuant to Clause 26 of this ITB, bids which are not substantially responsive to the requirements of the Bidding Documents will be rejected.

9 Clarification of Bidding Documents

9.1 A prospective bidder requiring any clarification of the Bidding Documents may notify the Employer in writing, by fax or e-mail at the Employer's address indicated in the Appendix to bid. The Employer will respond to any request for clarification, (as instructed by the bidder in the 'Pre-Bid Meeting) Copies ofthe Employer's response will be forwarded to all purchasers of the Bidding Documents, including a description of the inquiry but without identifying its source.

No oral interpretation shall be made to any bidder as to the meaning of any of the bid documents.

10 Amendment of Bidding Documents

10.1 The Employer may Issue Addenda as Instructed in the pre-Bid meeting.

10.2 Any Addendum thus issued shall be part of the Bidding Documents pursuant to Sub-Clause 8.1 of this ITB, and shall be communicated in writing, by fax or e-mail to all purchasers of the Bidding Documents. Prospective bidders shall promptly acknowledge receipt of each Addendum by fax or email to the Employer.

10.3 To give prospective bidders reasonable time in which to take an Addendum into account in preparing their bids, the Employer shall extend as necessary the deadline for submission of bids, in accordance with Clause 20 of this ITB.

C. Preparation of Bids

11 Language of Bid 11.1 The bid, and all correspondence and documents related to the bid exchanged by the bidder and the Employer shall be written in 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 passages in English language, in which case, for purposes of interpretation of the bid, the translation shall prevail.

Page | 13


12 Documents Comprising the Bid

12.1 The bid submitted by the bidder shall comprise the following: Bid Forms and Appendix to Tender; Bid Security; Estimate for the Project according to Employer’s requirement, Detail design with calculations & information request in Employers Requirements and the information on eligibility and qualification; alternative offers where invited; and any other materials required to be completed and submitted by bidders in accordance with these Instructions to bidders. The documents specified in Sections 6 and 7 of sub-clause 8.1 of this ITB shall be completed without exception, subject to extensions therefore in the same format and to the provisions of Sub-clause 16.2 of this ITB regarding the alternative forms of bid security.

13 Bid Prices 13.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole works as described in Section 6 Employer’s Requirement.

13.2 All duties, taxes, and other levies payable by the Contractor under the contract, or for any other cause, as of the date 28 days prior to the deadline for submission of bids, shall be included in the rates and prices and the total Bid Price submitted by the bidder.

13.3 Unless otherwise provided in the Particular Conditions, the rates quoted by the bidder are not subject to price adjustment during the performance of the Contract.

14 Currencies of Bid and Payment

14.1 The bid currency shall be in Maldivian Rufiyaa (MVR)

15 Bid Validity 15.1 60 Calendar Days

15.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may request that the bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing; by fax or e-mail. A bidder may refuse the request without forfeiting its bid security. A bidder agreeing to the request will not be required or permitted to modify its bid, but will be required to extend the validity of its bid security for the period of the extension, and in compliance with Clause 16 in all respects.

16 Bid Security 16.1 The bidder shall furnish, as part of its bid, a bid security in the amount stipulated in the ‘ITB’ Clause 20, in the bid currency.

16.2 The Bid Security shall, at the bidder's option, be in the form of a bank guaranteed cheque, or a bank guarantee from a reputable bank selected by the bidder and acceptable to the Employer. The format of the bank guarantee shall be in accordance with the form of bid security

Page | 14


included in Section 7 other formats may be permitted, subject to the prior approval of the Employer. Bid security shall remain valid for a period of 28 days beyond the original validity period for the bid, and beyond any period of extension subsequently requested under Sub-Clause 15.2.

16.3 Any bid not accompanied by the bid security as required under the clause 15 shall be rejected by the Employer as non-responsive. The bid security of a joint venture must be in the name of the joint venture submitting the bid or from the lead partner of the joint venture.

16.4 The Bid Securities of unsuccessful bidders will be returned as promptly as possible, but not later than 28 days after the expiration of the period of bid validity.

16.5 The Bid Security of the successful bidder will be returned when the bidder has signed the Agreement and furnished the required performance security.

16.6 The Bid Security may be forfeited

(a) if the bidder withdraws its bid, except as provided in Sub-Clause 22.2.

(b) if the bidder does not accept the correction of its Bid Price, pursuant to Sub-Clause 27.2 or

(c) in the case of a successful bidder, if he fails within the specified time limit to:

(i) sign the Agreement, or(ii) Furnish the required Performance Security.

17 Pre-Bid Meeting 17.1 The bidder's designated representative is invited to attend a pre-bid meeting, which, will take place at Conference room in Housing Development Corporation’, Republic of Maldives on the 15th October 2015, 13:00 Hrs

Page | 15


17.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

17.3 The bidder is requested, as far as possible, to submit any questions in writing, by fax or e-mail, to reach the Employer not later than one week before the meeting. It may not be practicable at the meeting to answer questions received late, but questions and responses will be transmitted in accordance with the following sub-clause.

17.4 Minutes of the meeting, including the text of the questions raised and the responses given, together with any responses prepared after the meeting, will be transmitted without delay to all purchasers of the Bidding Documents. Any modification of the Bidding Documents listed in Sub-Clause 8.1, which may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to Clause 10 and not through the minutes of the pre-bid meeting.

17.5 Non-attendance at the pre-bid meeting will be a cause for disqualification of a bidder.

18 Format and Signing of Bids

18.1 The bidder shall prepare one original of the bid comprising the bid as described in Clause 12 of these Instructions to Bidders, bound with the section containing the Form of Tender and Appendix to Tender, and clearly marked "ORIGINAL." In addition, the bidder shall submit 1 copy of the bid and clearly

Marked "COPY." In the event of discrepancy between them, the original shall prevail.

18.2 The original of the bid shall be typed or written in indelible ink (in the case of copies, photocopies are also acceptable) and shall be signed by a person or persons duly authorized to sign on behalf of the bidder, pursuant to Clause 4. All pages of the bid, except for un amended printed literature, shall be initialled by the person or persons signing the bid.

18.3 The bid shall contain no alterations, omissions, or additions, unless such corrections are initialled by the person or persons signing the bid.

D. Submission of Bids

19 Sealing and Marking of Bids

19.1 The bidder shall seal the original and each copy of the bid in separate envelopes, duly marking the envelopes as “ORIGINAL" and "COPY" as appropriate. The envelopes shall then be sealed in an outer envelope.

19.2 The inner and outer envelopes shall(a) be addressed to the Employer at the address provided in the

Appendix to Tender

Page | 16


(b) bear the following identification:

“Hulhumalé Cemetery Mosque and Mortuary Project 2015”

DO NOT OPEN BEFORE 1300 HRS OF 18th October 2015.

19.3 In addition to the identification required in Sub-Clause 19.2, the inner envelopes shall indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declared “late" pursuant to Clause 21, and for matching purposes under Clause 22.

19.4 If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the bid. If the outer envelope discloses the bidder's identity, the Employer will not guarantee the anonymity of the bid submission, but this shall not constitute grounds for rejection of the bid.

20 Deadline for Submission of Bids

20.1 Bids must be received by the Employer at the address stated in Sub-Clause 19.2. (a) no later than the time and date stipulated in the Sub-clause 19.2 (b)

20.2 The Employer may, in exceptional circumstances and at its discretion, extend the deadline for submission of bids by issuing an Addendum in accordance with Clause 10, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will thereafter be subject to the deadline as extended.

21 Late Bids 21.1 Any bid received by the Employer after the deadline for submission of bids prescribed in Clause 20 will be returned unopened to the bidder.

22 Modification, Substitution and Withdrawal of Bids

22.1 The bidder may modify, substitute, or withdraw its bid after bid submission, provided that written notice of the modification or withdrawal is received by the employer prior to the deadline for submission of bids.

Page | 17


22.2 The bidder's modification, substitution, or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with the provisions of Clause 19, with the outer and inner envelopes additionally marked “MODIFICATION", "SUBSTITUTION", or "WITHDRAWAL," as appropriate.

22.3 No bid may be modified by the bidder after the deadline for submission of bids, except in accordance with Sub-Clauses 22 .2 and 27.2.

22.4 No bid may be withdrawn during the interval between the deadline for submission of bids and the expiry of the period of bid validity specified in Clause 15. Withdrawal of a bid during the said interval may result in the forfeiture of the Bidder's bid security pursuant to Sub-Clause 16.6.

E. Bid Opening and Evaluation

23 Bid Opening 23.1 The Employer will open the bids, including modifications made pursuant to Clause 22, in the presence of bidders’ representatives who choose to attend at 1300 HRS OF 18th October 2015 at the following location:

Housing Development Corporation Ltd.3rd Floor, HDC building,HulhumaléRepublic of Maldives

The bidder’s representatives who are present shall sign a register evidencing their attendance.

Page | 18


23.2 Envelopes marked ‘WITHDRAWAL’ and ‘SUBSTITUTION’ shall be opened first and the name of the bidder shall be read out. Bids for which an acceptable notice of withdrawal has been submitted pursuant to clause 22 shall not be opened.

23.4 The bidders names, the total amount of each bid and any alternative bid (if an alternative has been requested or permitted), any discounts, bid modifications, substitutions and withdrawals, the presence or absence of bid security, and such other details as the Employer may consider appropriate, will be announced by the Employer at the opening.

23.5 The Employer shall prepare minutes of the bid opening, including the information disclosed to those present in accordance with sub-clause 23.4

23.6 Bids not opened and read out at the bid opening shall not be considered further for evaluation, irrespective of the circumstances.

24 Process to be Confidential

24.1 Information relating to the examination, clarification, evaluation and comparison of bids, and recommendations for the award of the Contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful bidder has been announced. Any effort by a bidder to influence the Employer's processing of bids or award decisions may result in the rejection of the bidder's bid.

25 Clarification of Bids and Contacting the Employer

25.1 To assist in the examination, evaluation, and comparison of bids, the Employer may, at its discretion, ask any bidder for clarification of its bid. The request for clarification and the response shall be in writing or, by fax, but no change in the price or substance of the bid shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids in accordance with Clause 27.

25.2 From the time of bid opening to the time of contract award, if any bidder wishes to contact the Employer on any matter related to the bid, it should do so in writing.

25.3 Any effort by the bidder to influence the Employer in the Employer's bid evaluation, bid comparison or contract award decisions may result in the rejection of the bidder's bid

26 Examination of Bids and Determination

26.1 Prior to the detailed evaluation of bids, the Employer will determine whether each bid:

Page | 19


of Responsiveness(a) meets the eligibility criteria pursuant to sub-clause 3.1(b) has been properly signed;(c) is accompanied by the required securities;(d) is substantially responsive to the requirements of the Bidding Documents.

26.2 A substantially responsive bid is one that conforms to all the terms, conditions, and Employer’s Requirements of the bidding documents without material deviation or reservation. A material deviation or reservation is one:

a) which affects in any substantial way the scope, quality, or performance of works

b) which limits in any substantial way, inconsistent with the Bidding Documents, the Employer's rights or the bidder's obligations under the contract; or

c) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids

26.3 If a bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the non-conforming deviation or reservation

27 Correction of Errors 27.1 Bids determined to be substantially responsive will be checked by Employer for any arithmetic errors. Errors will be corrected by the Employer as follows

(a) where there is a discrepancy between the amounts in figures and in words, the amount in words will govern; and

(b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern, unless in opinion of the Employer there is an obviously gross misplacement of the decimal point in the unit rate, in which case the line item total as quoted will govern and the unit rate will be corrected.

27.2 The amount stated in the bid will be adjusted by the Employer in accordance with above procedure for the correction of errors and, with the concurrence of the bidder, shall be considered as binding upon the bidder. If the bidder does not accept the corrected amount of bid, its bid will be rejected, and the bid security may be forfeited in accordance with Sub-Clause 16.6(b).

28 Evaluation and Comparison of Bids

28.1 The Employer will evaluate and compare only the bids determined to be substantially responsive in accordance with clause 26.

Page | 20


28.2 In evaluating the bids, the Employer will determine for each bid the Evaluated Bid Price by adjusting the Bid price as follows:

a) Making any corrections for errors pursuant to Clause 27.b) Excluding, if any, Contingencies in the Summary Bill of

Quantities.28.3 The Employer reserves the right to accept or reject any variation,

deviation, or alternative offer. Variations, deviations, alternative offers, and other factors that are in excess of the requirements of the Bidding Documents shall not be taken into account in bid evaluation.

28.4 No cost price adjustment provision will be taken into account in bid evaluation

28.5 If the bid of the successful bidder is seriously unbalanced or front loaded in relation to the Employer's estimate of the items of work to be performed under the contract, the Employer may require the bidder to produce detailed price analyses for any or all items of the bill of quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analyses, taking into consideration the schedule of estimated contract payments, the Employer may require that the amount of the performance security set forth in Clause 33 be increased at the expense of the bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful bidder under the contract.

28.6 Points will be awarded to the Bidders using the Evaluation Criteria as outlined in "2.3 Evaluation Criteria"F. Award of Contract

29 Award 29.1 Subject to Clause 30, the Employer will award the contract to the bidder whose bid has been determined to be substantially responsive to the Bidding Documents and who has achievedthe highest point as per clause 27.6 provided that such bidder has been determined to be;(a) Eligible in accordance with the provisions of Sub-Clause 3; and (b) Qualified in accordance with the provisions of Clause 4.

30 Employer’s Right to Accept any Bid and to Reject any or all Bids

30.1 The Employer reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the Employer's action.

31 Notification of Award

31.1 Prior to expiration of the period of bid validity prescribed by the Employer, the Employer will notify the successful bidder by fax

Page | 21


confirmed by registered letter that its bid has been accepted. This letter (hereinafter and in the Conditions of Contract called the '.Letter of Acceptance") shall specify the Contract sum for the execution and completion of the Works and the remedying of any defects therein by the Contractor as prescribed by the contract (hereinafter and in the Conditions of Contract called.’ the Contract Price").

31.2 The successful bidder's bid and the Letter of Acceptance will constitute a binding contract between the Employer and the bidder until the Agreement as stipulated in Sub-Clauses 32.1 and 32.2 has been signed.

32 Signing of the Agreement

32.1 At the same time that the Employer notifies the successful bidder that its bid has been accepted, the Employer will send the bidder the Agreement In the form provided in the Bidding Documents, incorporating all agreements between the parties.

32.2 Within 28 days of receipt of the Agreement, the successful bidder shall sign the Agreement and return it to the Employer, together with the required performance security as stipulated in Clause 33.

32.3 Upon fulfilment of Sub-Clause 32.2, the Employer will promptly notify the other bidders that their bids have been unsuccessful and their bid security will be returned as promptly as possible, in accordance with Sub-Clause 16.4.

33 Performance Security

33.1 Within 28 days of receipt of the Letter of Acceptance Security from the Employer, the successful bidder shall furnish to the Employer a performance security in the form stipulated in the Conditions of Contract. The form of performance security provided in Section 9 of the Bidding Documents may be used or some other form acceptable to the Employer.

33.2 The Performance Security shall be issued either (a) at the bidder's option, by a bank located in the country of the Employer or by a foreign bank through a correspondent bank located in the country of the Employer, or (b) with the prior agreement of the Employer directly by a foreign bank acceptable to the Employer.

33.3 Failure of the successful bidder to comply with the requirements of Clauses 32.2 or 33.1 shall constitute a breach of contract, cause for annulment of the award, forfeiture of the bid security and any such other remedy the Employer may take under the contract, and the Employer may resort to awarding the contract to the next ranked bidder.

Page | 22


2.3. Evaluation Criteria

The evaluation and awarding of the project will be based on three categories. They are as follows:

Category PointsPrice 70%Experience 15%Delivery 15%Total 100%

Bids will be awarded based on the scores obtained for the following criteria at the percentages given, with the highest total scoring party being the winner.

2.3.1 Price (70% of the Total Score)

2.3.1.1- If the proposed Bid price is higher or lower than 20% of the Employer’s estimated price, the Employer reserves the right not to consider those bids for further evaluation.

2.3.1.2- The remaining bids will be given points based on the lowest acceptable bidder’s price, points given in descending order proportionate to the lowest bidder’s price.

Lowest proposed total price from among the bids received

Price Score = X (% in ITB) Particular Bidder’s proposed total price

2.3.2 Experience (15% of the Total Score)

2.3.2.1- Each bidder should have minimum 5 years of Experience in the Similar Field and such experience should be listed in the Section 3: Qualification Information, Form III Experience Record and Tables.As per the said table, projects completed over and above MVR 2,000,000 (two Million) within the past five years will only be considered for awarding of points

2.3.2.2- If the Bidder fails to meet the above criteria, The Employer reserves the right not to consider those bids for further evaluation.

2.3.2.3- In a Joint venture company, each of the Individual companies should be in business for a period of minimum 3 years.

2.3.2.4- Last 5 years of experience, starting from 2010 onwards will be counted/ evaluated in giving points for this category. If the bid is submitted by a Joint Venture company, a collective value of all the partners will be taken for evaluation.

Page | 23


2.3.2.5- Completion Certificates (indicating the value of the completed project(s), Time of Completion, Summary of the Contract, Employers contact details) should be presented in support of the works listed in the Section 3: Qualification Information form III Experience Record and tables. If the bidder fails to submit these documents for the particular project(s), that particular project(s) will not be counted in giving points in this category.

2.3.2.6- Points will be distributed taking the Total Value of all the Projects of the bidder’s similar work. Where the bidder with highest collective value of projects getting the Maximum points and points will be given in descending order to all other Bidders proportionate to the highest scorer in the category.

The upper ceiling for the Total Value of all the Projects completed will be taken as MVR 30,000,000 (Thirty Million). Hence, in the event any bidder’s Total Value exceeds the ceiling mentioned above, the ceiling value will be taken as the denominator for pro-rata distribution with those parties whose Total Value exceeds or equals the ceiling amount getting the full points in this category.

2.3.2.7- It is up to the sole discretion of HDC to determine the relevance of the past experience to the current scope of works and the score awarded by HDC will be final and shall not be contested.

2.3.2.8- The formula thus used for the computation of the score is as follows

Particular Bidder’s total accumulated value of sales (up to the limits as

specified in ITB)Past Experience Score = X (% in ITB)

Highest total accumulated value of sales among the bids received (up to the limits

as specified in ITB)

Page | 24


2.3.3 Delivery Period (15% of the Total Score)

2.3.3.1 A Delivery Period must be proposed by the bidder. Failure to do so, WILL lead to rejection of the bid at the evaluation stage.

2.3.3.2 The Delivery Period proposed, shall not exceed that given in the ITB (Clause 2.1).

2.3.3.3 HDC reserves the right to disqualify any bid with a Delivery Period which is either unrealistically low or illogical when compared to HDC Engineer’s estimates and industry norms.

2.3.3.4 Having fulfilled the above requirements, the maximum points allocated under this criterion will be awarded to the bidder with the Lowest Proposed Delivery Period, and the remaining bidders will be awarded points on a pro rata basis in descending order.

2.3.3.5 The formula thus used for the computation of the score is as follows:

Lowest proposed delivery period from among the bids received

Delivery Period Score = X (% in ITB) Particular Bidder’s proposed

delivery period

Page | 25


S E C T I O N 3 : Q U A L I F I C A T I O N I N F O R M A T I O N

Page | 26




October 2015

Page | 27


FORM I: GENERAL INFORMATION (NOTE: a Joint Venture must complete a separate full set of forms for each Joint Venture Partner)

Company Name:

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

1. Head Office Address:..............................................................................................................................………….………..

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

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

Telephone No. ......................................... Fax No. ..........................................…

2. Regional Office Address (if any):

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

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

Telephone No. ......................................... Fax No. ..........................................…

Country and Year Incorporated:

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

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

..............................................................................................................................………….………..Main Lines of Business:

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

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

1. .........................................................................…..................….... Since:.................……..

2. .........................................................................………………...….. Since: ...........................

3. ..............................................................................…………………. Since: ...........................

4. ..............................................................................…………………. Since: ...........................

5. ..............................................................................…………………. Since: ...........................

6. ..............................................................................…………………. Since: ...........................

7. ..............................................................................…………………. Since: ...........................

Page | 28


Attach copy of certificate of registration and ownership

Page | 29


FORM II: FINANCIAL DATA(NOTE: a Joint Venture must complete a separate full set of forms for each Joint Venture Partner)

A. Summary of assets and liabilities on basis of the audited financial statement of the last three financial years.

Attach copies of the audited financial statements of the last three financial years.

Year2011

Year2012

Year2013

1. Total Assets

2. Current Assets

3. Total Liabilities

4. Current Liabilities

5. Net Worth (1-3)

6. Working Capital (2-4)

B.

1. Name/Addresses of Commercial Banks providing credit line:

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

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

2. Total Amount of Credit Line:

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

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

Page | 30


3. List of ongoing contracts

NAME OF CONTRACT AND TYPE OF THE CONTRACT (Construction / Design & Build)

VALUE in MVR NAME OF OWNER VALUE OF WORK STILL TO BE COMPLETED ( MVR)

SCHEDULE COMPLETION DATE

Total Values

Page | 31


FORM III: EXPERIENCE RECORD

1. Total number of years experience in civil construction work.

NATURE OF WORK

NUMBER OF YEARS OF

EXPERIENCE

(i)(ii)(iii)(iv)(v)(vi)(vii)(viii)(ix)(x)(etc.)

Page | 32


2. List of all contracts of a value of MVR 100,000. Or above executed during the last 05 (five) years:

NATURE OF WORKS TOTAL VALUE(MVR)

VALUE FOR WHICH CONTRACTOR WAS RESPONSIBLE

CONTRACT START

CONTRACT COMPLETION OWNER NAME

Page | 33


3. List of contracts executed during the last five (5) years similar in nature and size to the contract for which this application is made:

NATURE OF WORKS TOTAL VALUE(MVR)

VALUE FOR WHICH CONTRACTOR WAS

RESPONSIBLE

CONTRACT START

CONTRACT COMPLETION OWNER NAME

Page | 34


FORM 1V: EQUIPMENT PROPOSED FOR THE PROJECT

A. Construction Equipment

DESCRIPTION (type, model, make)

NO. OF EACH YEAR OF MANUFACTURE

OWNED OR LEASED CAPACITY/ PERFORMANCE/ SIZE

Page | 35


Vehicles, Trucks

DESCRIPTION (type, model, make)

NO. OF EACH YEAR OF MANUFACTURE

OWNED OR LEASED CAPACITY/ PERFORMANCE/ SIZE

Page | 36


FORM V: STAFF PROPOSED FOR EXECUTION OF THE WORKS

A. HEAD OFFICE

Sector Name(s) Age Years of Experience

Education Proposed Designation Relevant Experience

General Management

Design Engineer

Technical Management

Administration

Others

NOTE: A summary of the work experience and technical certificates needed to be provided, of each key staff shall be attached.

Page | 37


SITE

Sector Name(s) Age Years of Experience

Education Proposed Designation Relevant Experience

General Management

Administration

Technical Management

Site Supervision

Others

NOTE: A summary of the work experience and technical certificates needed to be provided, of each key staff shall be attached.

Page | 38


FORM VI: PROPOSED SITE ORGANISATION CHART

A. PRELIMINARY SITE ORGANISATION CHART

B. NARRATIVE DESCRIPTION OF SITE ORGANISATION CHART

C. DESCRIPTION OF RELATIONSHIP BETWEEN HEAD OFFICE AND SITE MANAGEMENT

Page | 39


FORM VII - SUBCONTRACTORS

SECTION OF WORKSAPPROX.

VALUE(MVR)

NAME(S) & ADDRESS(ES) OF

SUBCONTRACTOR(S)

DESCRIPTION, LOCATION SIMILAR WORKS

PREVIOUSLY EXECUTED

1.

2.

3.

4.

5.

6.

]

Page | 40


FORM V11I: JOINT VENTURE DATA

1. Name of Joint Venture Partnership:

2. Head Office Address:

Telephone No.: Fax No.:

3. Local/Regional Address (if any):

Telephone No.: Fax No.:

4. Names of Joint Venture Partners:

a.

b.

c.

5. Name(s) of Lead Joint Venture Partner:

a.

b.6. Pre-bid Joint Venture Agreement or Joint Venture Agreement:

a. Date of agreement: ............................................................................

b. Place of agreement: .............................................................................

7. Proposed distribution of responsibilities between each Joint Venture Partner:

Page | 41



S E C T I O N 4 : C O N D I T I O N S O F C O N T R A C T

P A R T 1 : G E N E R A L C O N D I T I O N S

Hulhumalé’, Republic of Maldives

October 2015

Page | 42


Conditions of ContractPart 1: General Conditions

The Conditions of Contract comprise the “General Conditions”, which form part of the “Conditions of Contract for EPC/Turnkey Projects” First Edition 1999 published by the Fédération Internationale Des Ingénieurs-Conseils (FIDIC), and the amendments and additions to such General Conditions specified in the “Particular Conditions” set out in Section 5 of these Bidding Documents.

Copies of the FIDIC Conditions of Contract can be obtained from:

FIDIC SecretariatP.O. Box 86

1000 Lausanne 12Switzerland

Facsimile: +41 21 654 4417Telephone: +41 21 654 4411

Page | 43



S E C T I O N 5 : C O N D I T I O N S O F C O N T R A C T

P A R T 2 : P A R T I C U L A R C O N D I T I O N S


October 2015Conditions of Contract

Page | 44


Part 2: Particular Conditions

These “Particular Conditions” are amendments and additions to the “General Conditions” that form part of the “Conditions of Contract for EPC/Turnkey Projects” First Edition 1999 published by the Fédération Internationale Des Ingénieurs-Conseils (FIDIC).

ClauseNo.

Amendments and Additions

GENERAL PROVISIONS

1.1 Definitions

1.1.1.8

Tender

Amend by inserting the following words at the end of the Sub-Clause:

“The word ‘tender’ is synonymous with ‘bid,’ and the words ‘Appendix to Tender’ with ‘Appendix to Tender,’ and the words ‘tender documents’ with ‘Bidding Documents’.”

1.1.5.8

Works


“Works shall also mean to include any project component stated or implied in the Contract. It shall also mean to include any design, engineering or investigative works required in association with the Permanent Works or the Temporary Works.”

1.1.6.2

Country

Amend by inserting the following words at the end of the Sub-Clause:“All the permanent works are to be executed in Republic of Maldives”

1.2

Interpretation

Amend by inserting the following words at the end of the Sub-Clause (a):“In these Conditions, provisions including the expression “Cost plus reasonable profit” require this profit to be one tenth (10%) of this cost”

1.3

Communications

Amend by inserting the following words at the end of the Sub-Clause (a):Sub clause (a) ;”only accepted Electronic transmission system will be Fax and mail”

Page | 45


1.4

Law and Language

The law which will be govern the law in Republic of Maldives

The ruling language and the language for communication shall be English

1.12

Confidential Details


“The Contactor 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 written agreement of the Employer.

The Contractor further acknowledges that, in performing the Contract, he may have access to confidential information of a non-public or proprietary nature relating to the Employer, its associated entities, their business affairs, clients, customers and employees, governmental and trade secrets and other confidential information data as well as information relating to the Works (together “Confidential Information”). The Contractor undertakes without limit of time:-

(1) to use the Confidential Information only for the purposes of performing the Contract and not use the Confidential Information for his own personal gain or benefit or for the benefit of any person other than the Employer or any associated entity; and

(2) to keep the Confidential Information strictly secret and confidential and in particular not to divulge, publish or disclose the Confidential Information whether in whole or in part and whether directly or indirectly to any third party without the prior written consent of the Employer.

For the avoidance of doubt, these undertakings as to confidentiality shall survive the expiry or termination of the Contract howsoever arising.

In the event of termination of the Contract or at any time upon request of the Employer, all Confidential Information shall be

Page | 46


returned to the Employer forthwith, including any paper and electronic copies of the same. In the event that any Confidential Information is held on any electronic device in a third party’s possession, custody or control, then the Contractor shall confirm in writing that such Confidential Information has been expunged and destroyed. The Contractor further agrees that damages will not be an adequate remedy in the event of any actual or potential breach of their undertakings hereof.

The above undertakings as to confidentiality shall not apply to information which the Contractor can establish to the Employer’s satisfaction:-

(1) is in or enters the public domain otherwise than as a consequence of any unauthorised disclosure, act or omission by the Contractor;

(2) is lawfully and properly in the possession of the Contractor at the time it is disclosed to or obtained by the Contractor (as evidenced by the Contractor’s written records) and which was not obtained directly or indirectly from the Employer;

(3) is disclosed pursuant to requirements of law.”1.13 Compliance with Laws


“For the avoidance of doubt, the Contractor agrees that he shall comply with all applicable Laws, ordinances, codes and regulations in the performance of his obligations under the Contract, including the procurement of permits and certificates where required. If at any time during the term of the Contract, the Contractor is informed or information comes to his attention that he is or may be in violation of any Laws, ordinance or code (or if it is so determined by any court, tribunal or other authority), the Contractor shall immediately take all appropriate steps to remedy such violation and comply with such Laws, regulation, ordinance or code in all respects. Further, the Contractor shall establish and maintain all proper records (particularly, but without limitation, accounting records) required by any Laws, code of practice or corporate policy applicable to him from time to time.”

1.14 Amend by inserting the following words at the end of the Sub-Clause:

Page | 47


“The Employer will whish the leader of the joint venture to be appointed with the submission of the bids, providing a single point of contact thereafter, and will not whish to be involved in a dispute between the members of the joint venture. The Employer should scrutinise the joint venture agreement carefully, and it have to be approved by the Employer”

THE EMPLOYER2.1Right of Access to the Site

Delete the First sentence and insert the following words at the beginning of the Sub Clause.“The Employer shall give the contractor right of access to, and possession of, all the Site within the Fourteen (14) days from the Commencement date.”

2.2

Permits, Licenses or Approvals


“This Sub-Clause is subject to the provision that under no circumstances whatsoever shall the Employer be under any duty or obligation to carry out any of the matters stated in paragraphs (a) or (b) of this Sub-Clause, and any failure by the Employer to provide assistance in respect of such matters shall not relieve the Contractor from his duties, obligations or responsibilities under the Contract.”

THE ENGINEER3.1

Engineer’s Duties and Authority

Amend by inserting the following words at the end of the fourth paragraph of the Sub-Clause:

“….. provided, however, the Engineer shall obtain the specific written approval of the Employer before taking action under the following Sub-Clauses of these Conditions:

(1) Sub-Clause 4.4 – consenting to the subcontracting of any part of the Works;

(2) Sub-Clause 4.12 – certifying additional Costs;

(3) Sub-Clause 8.4 – determining an extension of the Time for Completion;

(4) Sub-Clause 13.1 – issuing a Variation, except:

Page | 48


a. in an emergency situation, as reasonably determined by the Engineer; or

b. if such Variation would increase the Contract Price by less than the amount stated in the Appendix to Tender; or

Fixing rates or prices under Clause 13.”

THE CONTRACTOR4.2 The amount of the Performance Security shall be ten percent (10%)

of the Contract Price stated in the Contract Agreement, and shall be expressed in Maldivian Rufiyaa.

Amend by inserting the following words at the end of the second paragraph of Sub-Clause:

“If the Performance Security is in the form of a bank guarantee, it shall be issued either (a) bank located in the Republic of Maldives, or (b) directly by a foreign bank acceptable to the Employer. If the Performance Security is not in the form of a bank guarantee, it shall be furnished by a financial entity registered acceptable to the Employer, or licensed to do business in Republic of Maldives acceptable to the Employer”

4.2

Performance Security

Amend by Inserting the following words at the end of the first paragraph of the Sub-Clause:

“Without limitation to the provisions of the preceding, whenever the Engineer determines an addition to the Contract Price as a result of a change in Cost and/or Laws or as a result of a Variation amounting to more than 25 per cent of the portion of the Contract Price payable in a specific currency, the Contractor, at the Engineer’s written request, shall promptly increase the value of the Performance Security in that currency by an equal percentage.”

4.3

Contractor’s Representative

Amend by replacing the last paragraph of the Sub-Clause with the following words:

“The Contractor’s Representative and all these persons shall be fluent in English, failing which the Contractor shall make a competent interpreter available at all times.”

4.4 Amend by Inserting the following paragraph after (d) of the Sub-

Page | 49


SubcontractorsClause:

“(e) Where practicable, the Contractor shall give a fair and reasonable opportunity for contractors from the Country to be appointed as Sub-contractors.”

4.19

Electricity, Water and Gas

Delete the second and third paragraphs and amend by inserting the following words at the end of the first paragraph of Sub-Clause:

“The Contractor shall obtain temporary electricity and water from the local authorities for his own used. All the cost should be born by the contractor including initial cost and monthly bills. If such services are not available in the site area contractor supposed to provide on his own cost alternative methods to obtain electricity, water and any other utility service which require to complete the work.”

4.21 Delete the First Sentence in first paragraph and amend inserting the following words at the beginning of the first paragraph of Sub-Clause:

“Monthly progress reports shall be prepared by the contractor and submitted to the employer in one copy.”

STAFF AND LABOUR6.1

Engagement of Staff and Labour

Amend by inserting the following new paragraphs at the end of the Sub-Clause:

“The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and labour with appropriate qualifications and experience from sources within the Country.

The Contractor may import any personnel who are necessary for the execution of the Works. The Contractor must ensure that these personnel are provided with the required residence visas and work permits, and shall be solely responsible for complying with procedures and processing of such visas and work permits in the Country. The Contractor shall be responsible for the return to the place where they were recruited or to their domicile of imported Contractor’s Personnel.”

6.5

Working Hours

Amend by inserting the following new paragraph at the end of the Sub-Clause:

“The Contractor shall respect the Country’s recognised festivals, days of rest, and religious or other customs.”

Page | 50


6.6

Facilities for Staff and Labour

Amend by inserting the following new paragraphs between the first and second paragraphs of the Sub-Clause:

“Without prejudice to the foregoing, the Contractor shall provide and maintain such accommodation and amenities as he may consider necessary for all the Contractor’s Personnel, including (without limitation) all fencing, water supply (both for drinking and other purposes), electricity supply, sanitation, cookhouses, fire prevention and fire fighting equipment, air conditioning, cookers, refrigerators, furniture, and other requirements in connection with such accommodation or amenities. Upon completion of the Contract, unless otherwise agreed with the Employer, the temporary camps or housing provided by the Contractor shall be removed and the site reinstated to its original condition, subject to the approval of the Engineer.

The Contractor shall arrange for the provision of a sufficient supply of suitable food at reasonable prices for all the Contractor’s Personnel.

The Contractor shall, so far as is reasonably practicable, having regard to local conditions, provide on the Site an adequate supply of drinking and other water for the use of the Contractor’s Personnel.”

6.7

Health and Safety

Amend by inserting the following new paragraphs between the first and second paragraphs of the Sub-Clause:

“The Contractor shall at all times take the necessary precautions to protect all staff and labour employed on the Site from nuisance by insects, rats, and other pests and reduce their danger to health. The Contractor shall provide suitable prophylactics for the Contractor’s Personnel for the prevention of malaria, and shall take steps to prevent the formation of stagnant pools of water. The Contractor shall comply with all the regulations of the local health authorities in these respects and shall in particular arrange to spray thoroughly with approved insecticide all buildings erected on the Site. Such treatment shall be carried out at least once a year or as otherwise instructed by the Engineer.

In the event of any outbreak of illness of an epidemic nature, the Contractor shall comply with and carry out such regulations, orders, and requirements as may be made by the Employer’s Government or the local medical or sanitary authorities for the purpose of dealing

Page | 51


with and overcoming the same.”6.12

Alcoholic Liquor or Drugs

Amend by inserting the following new Sub-Clause:

“The Contractor shall not, otherwise than in accordance with the Laws of the Country, import, sell, give, barter or otherwise dispose of any alcoholic liquor or drugs, or permit or allow importation, sale, gift, barter or disposal by Contractor’s Personnel.”

6.13

Arms and Ammunition


“The Contractor shall not give, barter, or otherwise dispose of to any person, any arms or ammunition of any kind or allow Contractor’s Personnel to do so.”

6.14

Burial of the Dead


“In the event of the death of any of the imported Contractor’s Personnel or members of their families, the Contractor shall be responsible for making the appropriate arrangements for their repatriation to the place where they were originally recruited from or to their domicile or to any other place as required for burial. The Contractor shall also be responsible, to the extent required by any Laws, for making arrangements for burial of any of his local Personnel who may die whilst engaged upon the Works.”

COMMENCEMENT, DELAY AND SUSPENSION8.7 In Sub Clause 8.7, the sum referred to in the second sentence shall

be 0.1% of the contract price as delay damages in respect of the Works, payable (per day) in the proportions of currencies in which the contract price is payable. For each section, such daily sum shall be 0.1% of the final contract value of such section, payable (per day) in such currencies. The maximum amount of delay damages shall be ten percent (10%) of the contract price stated in the contract agreement.

MEASUREMENT AND EVALUATION12.4

Omissions

Amend by inserting the following new paragraph at the end of the Sub-Clause:

“Items for the Works described in the Bill of Quantities for which no rate or price has been entered in the Contract shall be considered as included in other rates and prices in the Contract and will not be paid for separately by the Employer

Page | 52


VARIATIONS AND ADJUSTMENTS13.1 Amend by inserting the following new paragraph at the end of the

Sub-Clause:“Variations can be initiate by any of these ways also,

(a) The contractor may initiate his own proposals under Sub-Clause 13.2, which are intended to benefit both parties; or

(b) The Employer may request a proposal under Sub Clause 13.3, seeking prior agreement so as to minimise dispute.

13.8

Adjustment for changes in Cost

Amend by deleting the entire contents of the Sub-Clause and replacing with the following:-

“Subject to Sub-Clause 13.7, the Contract Price shall not be subject to any adjustment in respect of rise or fall in the cost of labour, Materials, or any other matters affecting the cost of execution of the Contract.”

CONTRACT PRICE AND PAYMENT14.2

Advance payment

Delete the last sentence of the first paragraph, (a), (b), (c), and (d) and add the following and end of the first paragraph.

“(a) Advance payment shall be 15% from the Contract price. (b) Full amount of advance payment will be paid upon the submission of Advance payment guarantee.(c) Advance payment will be paid in currencies applicable to contract.(d) Advance payment will be recover from each interim claims of the contractor at the rate of 15%.”

14.3

Application of interim Payment Certificate

Delete the paragraph (c) and add the following wording instead of (c)“ (c) 10% to be deducted for retention until the total retention become 5% of the Contract value”

14.4

Schedule of payment

Delete the all content Sub Clause 14.4 and insert the following.

“The Schedule could be based on actual progress achieved in executing the works, which necessitates careful definition of the payment milestones. Actual progress will be determined by the Employer’s representative and Contractor or contractor’s representative jointly.”

14.5

Plant and Materials for

Delete the Sub clause 14.5

Page | 53


works

Page | 54



S E C T I O N 6 : E M P L O Y E R ’ S R E Q U I R E M E N T


October 2015

Page | 55


6.1 Scope of the Work

Construction of two storey Mosque, with a building area of 269.34m2

(2899.2ft2) as per drawing and specification. Construction of Single storey ablution area near mosque, with a building

area of 56.40m2 (607.11ft2) as per drawing and specification. Construction of Single storey Mortuary, with a building area of 293.19m2

(3155.9ft2) as per drawing and specification.

Page | 56

1 · Web viewDisputes will be settled pursuant to the Fédération Internationale des...

Documents

Transcript of 1 · Web viewDisputes will be settled pursuant to the Fédération Internationale des...