INVITATION FOR TENDER - Infrared Equip...NIR Spectrometer – UWI. Cocoa Research Centre IFT#...

THE UNIVERSITY OF THE WEST INDIES ST. AUGUSTINE CAMPUS

INVITATION FOR TENDER

FOR

THE SUPPLY, DELIVERY, INSTALLATION, COMMISSIONING + SERVICING

OF

A NEAR INFRED REFLECTANCE (NIR) SPECTROMETER

FOR THE COCOA RESEARCH CENTRE (CRC)

THE UNIVERSITY OF THE WEST INDIES

ST AUGUSTINE CAMPUS

Prepared by: Campus Projects Office The University of the West Indies 25A Warner Street St. Augustine May, 2015 IFT#P-05-2015

NIR Spectrometer – UWI. Cocoa Research Centre IFT# P-05/2015

THE UNIVERSITY OF THE WEST INDIES ST. AUGUSTINE CAMPUS

INVITATION FOR TENDER

FOR THE

THE SUPPLY, DELIVERY, INSTALLATION, COMMISSIONING + SERVICING

OF A NEAR INFRED REFLECTANCE (NIR) SPECTROMETER

FOR THE COCOA RESEARCH CENTRE (CRC)

THE UNIVERSITY OF THE WEST INDIES

ST AUGUSTINE CAMPUS

This document was prepared by: Campus Projects Office The University of the West Indies

25A Warner Street St Augustine Trinidad & Tobago

t: (868) 663-2208 Ext 85270

f: (868) 645-7258

e: [email protected]

©2015 THE UNIVERSITY OF THE WEST INDIES

mailto:[email protected]


TABLE OF CONTENTS

1. LETTER OF INVITATION

2. INSTRUCTIONS TO TENDERERS

3. FORM OF TENDER & APPENDIX TO FORM OF TENDER

4. CONDITIONS OF CONTRACT

5. SPECIFICATIONS/EMPLOYER’S REQUIREMENTS

6. BILLS OF QUANTITIES

7. SPECIMEN FORMS x PERFORMANCE BOND x FORM OF BANK GUARANTEE x DRAFT CONTRACT

8. CHECKLIST

1/ 1

THE UNIVERSITY OF THE WEST INDIES ST. AUGUSTINE, TRINIDAD AND TOBAGO, WEST INDIES

CAMPUS PROJECTS OFFICE

1.0 LETTER OF INVITATION May 17, 2015

IFT#P–05-2015 The Supply, Delivery, Installation, Commissioning + Servicing of a Near Infrared Reflectance (NIR) Spectrometer for the Cocoa Research Centre (CRC), The University of the West Indies, St Augustine Campus

Dear Sir or Madam: The University of the West Indies, St. Augustine Campus, hereinafter referred to as the “The UWI”, has received a Grant (Grant No: FED/2013/330-204) from the ACP Group (African, Caribbean and Pacific Group of States) for its ‘International Fine Cocoa Innovation Centre (IFCIC)’. A portion of this funding has been allocated for the procurement of equipment for this facility. The UWI through its Campus Projects Office (CPO) invites tenders for The Supply, Delivery, Installation, Commissioning and Servicing of a Near Infrared Reflectance (NIR) Spectrometer for the Cocoa Research Centre (CRC) at The St. Augustine Campus, herein referred to as “the Site”. The completed tenders, accompanied by all supporting documents are to be deposited into the Tender Box at the address below by no later than Wednesday, June 03, 2015 at 10:00 a.m. The following stipulations included in the Instructions to Tenderers are drawn to your attention:

f Tender Security : Not Applicable f Tender Validity Period : 120 days f Performance Security : 10% of Contract Sum(VAT Exclusive) f Liquidated Damages : TT$1,000.00 per day (up to 10% of contract sum) f Terms of payment : Refer to Conditions of Contract f Limit of Retention : 10% of Contract Sum f Import Duty on Material or

Equipment

: Refer to Invitation to Tender documents

Tenderers shall submit one (1) original and two (2) copies of the following documents in their tender package:

2.0 INSTRUCTIONS TO TENDERERS

NIR Spectrometer – UWI. Cocoa Research Centre 2/1 IFT# P-05/2015


A. GENERAL 2.1 Background 2.1.1 The Cocoa Research Centre (CRC) at The UWI St Augustine Campus has embarked on a

3-year project initiative that will transform the fine cocoa sector across the Caribbean region. This endeavor is expected to not only ensure the sustainability of Caribbean cocoa but also to pioneer a model for regional food crop security.

2.1.2 The International Fine Cocoa Innovation Centre (IFCIC) is a project that was

conceptualized by the CRC and its partners, Newer Worlds, Caribbean Fine Cocoa Forum and the Cocoa Industry Board of Jamaica. It is funded by a grant from the European Union (EU) under the ACP Science and Technology Programme II.

2.1.3 IFCIC is a model nexus that will showcase innovations along the entire value chain from

production and processing to small-scale manufacturing, product development and marketing. It will seek to harness the comparative advantages and innovations in building an innovative industry that will provide a viable economic diversification option for Trinidad and Tobago and the Caribbean.

2.2 Description of Works 2.2.1 The works shall consist of the supply, delivery, installation, commissioning and servicing

of a Near Infrared Reflectance (NIR) Spectrometer for The Cocoa Research Centre at The UWI Augustine Campus.

2.2.2 The specification details is outlined in Section 5 – “Specifications/Employer’s Requirements’ in this IFT.

2.2.3 Tender submissions must be in complete conformity with the Invitation for Tender

document issued by The UWI. 2.2.4 Tenderers must generally all conditions which may in any way affect their tender price,

as no claim on ground of lack of knowledge of any such matters will be entertained.

2.2.5 Tenderers will be required to submit brochures, manuals and any other relevant information of the proposed equipment being tendered for.

2.3 Cost of Tendering Tenderers shall bear all costs associated with the preparation and submission of his

tender and The UWI will in no case be responsible or liable for these costs, regardless of the outcome of the tendering process.



2.4. Site Visit – N/A

B. TENDER DOCUMENT 2.5 Contents of Tender Document

2.5.1 The following documents are enclosed:

1.0 Letter of Invitation 2.0 Instructions to Tenderers 3.0 Form of Tender & Appendix to Form of Tender 4.0 Conditions of Contract 5.0 Specifications 6.0 Sample Bill of Quantities 7.0 Specimen Forms 10.0 Checklist

2.5.2 Tenderers shall return one (1) original and two (2) copies of their tender to the place of

submission of Tenders on or before the closing date of Tenders. Tenderers are responsible for the production of the number of copies required.

2.5.3 Tenderers are expected to examine carefully all instructions, conditions, forms, terms,

specifications and drawings in the tendering documents. Failure to comply with the requirements of this Tender will be at the Tenderer’s own risk. Tenders, which are not substantially responsive to the requirements of the tendering documents will be rejected.

2.6 Drawings Provided – N/A 2.7 Clarification of Tender Documents by Tenderer 2.7.1 A prospective Tenderer requiring any clarification of the Tender Documents may notify

The UWI in writing at The UWI’s address indicated in the tender documents. The UWI will respond in writing to any request for clarification, which it receives earlier than 7 days prior to the deadline for submission of tenders. Written copies of The UWI’s response (including a description of the inquiry but without identifying its source) will be sent to all prospective Tenderers who have received the Tender Documents.

2.7.2 Such answers, as are necessary, shall be given as a matter of assistance to the Tenderer

but they shall not be construed as adding to or taking away from or otherwise altering the meaning and intent of the Tender Documents, and/or the Tenderer’s obligations there under, unless such answers are in writing and signed by The UWI or an authorized representative. Written copies of The UWI’s response (including a description of the inquiry but without identifying its source) will be sent to all prospective Tenderers who have received the Tender Documents.



2.7.3 All queries and responses should be forwarded to:

The Project Manager The Campus Projects Office The University of the West Indies #25A Warner Street St Augustine Trinidad West Indies Fax No: 1-868-645-7258 E-mail: [email protected]

2.7.4 All enquiries relative to the tender documents during the tender period must be

submitted in writing before the deadline date for acceptance of queries identified in the letter of invitation.

2.8 Amendment of Tender Documents 2.8.1 At any time prior to the deadline for the submission of Tenders, The UWI may, for any

reason, whether at its own initiative or in response to a clarification requested by a prospective Tenderer, modify the Tender Documents by issuing a Bulletin.

2.8.2 Where an amendment is made to the Tender Document, all prospective Tenderers who

have received the Tender Documents, shall be notified in writing. Prospective Tenderers shall promptly acknowledge receipt to the Project Manager at the CPO.

2.8.3 In order to afford prospective Tenderers reasonable time in which to take a Bulletin into

account in preparing their tenders, The UWI may, at its discretion, extend the deadline for the submission of tenders.

2.8.4 No alterations in the text of the Bills of Quantities shall be made by the Tenderer, unless

instructed in writing by The UWI. Any unauthorized alteration, amendment, note or additions made to the Bills of Quantities by the Tenderer shall be ignored and only the reading of the printed text will be recognized. If the Tenderer wishes to make an observation as to the printed text in connection with the rates he has inserted, he shall do so in the form of a letter submitted with his tender.




C. PREPARATION OF TENDERS 2.9 Language of Tender 2.9.1 The tender prepared by the Tenderer and all correspondence and documents relating to

the tender exchanged by the Tenderer and The UWI shall be written in the English Language.

2.9.2 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 in the above stated language. For the purpose of interpretation of the tender, the English Language translation shall prevail.

2.10.1 Composition of Tender Submittal/Tender

The tender submittals/tenders shall comprise the following documents:

(i) Letter addressed to Project Manager, CPO identifying the type of equipment and services proposed, delivery period, tender price and tender validity.

(ii) The Form of Tender and Appendix thereto (no changes allowed except for information to be filled in).

(iii) The completed Bills of Quantities (no changes allowed except for information

to be filled in).

(iv) Current Statutory Certificates (VAT, NIS, Income Tax, etc. no later than 6 months).

(v) Proposed equipment specifications sheets/brochures clearly highlighted.

(vi) Any other addenda and supplementary information required in accordance with

the Instructions to Tenderers embodied in the Tender Documents. The forms and Bills of Quantities provided in the Tender Documents shall be used without exception.

2.11 Tender Price 2.11.1 Unless stated otherwise in the Tender Documents, the contract shall be for the whole

Works described in the Technical Specifications based on the schedule of unit rates and prices submitted by the Tenderer in his Bill of Quantities.

2.11.2 The Tenderer shall fill in rates and prices for all items of works described in the Bills of

Quantities prepared by the Tenderer whether quantities are stated or not. Items against which no rate or price is entered by the Tenderer will not be paid for by The UWI when executed and shall be deemed covered by the other rates and prices in the Bills of Quantities prepared by the Tenderer.



2.12 Fixed Contract Price 2.12.1 The UWI shall award a contract for the works on the basis of the Total Cost including

delivery of equipment to the site, installation, testing and commissioning, as well as the provision of the necessary warranty on all equipment.

2.12.2 Fixed Price: The rate and prices quoted by the Tenderer shall be fixed for the duration

of the contract and shall not be subjected to adjustment on any account except as otherwise provided in the Conditions of Contract. A tender submitted with an adjustable price Tender shall be treated as non-responsive and shall be rejected by The UWI.

2.12.3 All duties, taxes and other levies payable by the Supplier under the contract shall be

included in the rates and prices and total Tender Price submitted by the Tenderer. 2.12.4 Duty Free Concessions: The Tenderer is advised that all equipment, imported by the

Tenderer specifically for this project shall be exempt from the imposition of Customs Import Duty, Stamp Duty and Value Added Tax. In order to obtain these exemptions, the supplier must comply fully with the requirements outlined in the Conditions of Contract.

2.13 Currencies of Tender and Payment

The unit rates and prices shall be quoted by the Tenderer entirely in Trinidad & Tobago

Currency. 2.14 Tender Security - Not Applicable 2.15 Tender Validity Tenders shall remain valid for a minimum period of One Hundred and Twenty (120) days

after the closing date of Tender submission. A Tender valid for a shorter period shall be rejected by The UWI as being non-responsive, and shall not be evaluated.

2.16 Variations in Tendering Conditions Tenderers shall submit offers, which comply fully with the requirements of the Tender

Documents and technical specifications including the basic technical design as indicated in the drawings.

2.17 Enquiries During Tender Period 2.17.1 All enquiries relative to the IFT documents must be made on or before the deadline

specified in the Letter of Invitation. Any enquiries made after this date may not be responded to. Enquiries shall be directed to:



The Project Manager The Campus Projects Office The University of the West Indies 25A Warner Street, St Augustine, Trinidad West Indies Fax No: 1-868-645-7258 E-mail: [email protected] 2.18 Academic Discounts 2.18.1 The UWI as a tertiary academic institution is entitled to academic discounts from most

manufacturers. The Tenderer is required to ensure that his tender price includes for any academic discount offered by the manufacturer. The UWI may require proof that an academic discount is offered prior to awarding a contract.

2.19 Sufficiency of Resources 2.19.1 Tenderers are advised to ensure that they are thoroughly and completely familiar with

the full extent and character of the Works required by The UWI. 2.19.2 Submission of a Tender shall be deemed to indicate that the Tenderer is fully aware of

and has made due allowance in pricing the Bills of Quantities for the aforementioned factors and either has satisfied himself that there are sufficient resources available or undertaken to provide sufficient resources in order to complete the project within the specified time frame for completion.

2.20 Failure to Research Adequately 2.20.1 Any failure or neglect on the part of the Tenderer to have thoroughly and adequately

researched or any failure or neglect to have obtained reliable information or any reliance upon unreliable information (regardless of source) regarding anything whatsoever affecting the execution of the project shall not relieve the Tenderer from any risk liability, obligation and/or responsibility to complete and remedy any defects therein in accordance with the Contract and no claim for additional costs due to such failure or neglect will be entertained.

2.20.2 Tenderers’ particular attention in this respect is drawn to his liability to ascertain for

himself the precise extent, nature and import of all standard documents/publications applicable in Trinidad and Tobago and which are relevant to the equipment and services or any matter or anything in connection therewith.

2.20.3 The Tenderer will have deemed to have allowed in their Tender for costs in complying

with all local legislations and regulations.




2.21 Bill of Quantities (BoQ) 2.21.1 The Tenderer is required to submit a complete BoQ. 2.21.2 The Tenderer shall also include in the BoQ the price for warranty/maintenance, provision

of a Performance Security and an Advance Payment Guarantee (if required). 2.22 Work Programme

The Tenderer shall include the time frame to complete the delivery, installation, testing and commissioning of the proposed equipment on site from the date of notification of award or being informed of contract approval, to completion and handover to the University. The work programme must be realistic and shall include resources to execute the works.



D. SUBMISSION OF TENDERS 2.23 Format and Address for Submission of Tenders 2.23.1 Tenderers should submit one (1) original and one (1) copy of their tender sealed

packages bearing the following identification:

“Attention: The Project Manager The Campus Projects Office The University of the West Indies

25A Warner Street, St. Augustine,” “The Supply, Delivery, Installation, Commissioning + Servicing of a Near Infrared Reflectance (NIR) Spectrometer for the Cocoa Research Centre (CRC), The University of the West Indies, St Augustine Campus, (IFT#P-05-2015)”

“DO NOT OPEN BEFORE Wednesday, June 03, 2015 at 10.00 a.m.”

“Insert Company Name and Address of Tenderer” 2.23.2 Each page of the offer should be signed by the authorized company signatory. The

Tenderer’s name and return address should also be clearly stated on the outside of the envelope.

2.23.3 The complete tender shall be without alterations, interlineations, or erasures, except

those in accord with instructions issued by The UWI, or as necessary to correct errors made by the Tenderer, in which case such corrections shall be initialed by the person of persons signing the tender.

2.23.4 Only one (1) tender may be submitted by each Tenderer. No Tenderer or his agents may

participate in the tender of another for the same contract in any relation whatsoever. 2.23.5 Sealed tenders shall be deposited in the Tender Box located at the Campus Projects

Office, #25A Warner Street, St. Augustine not later that the date and time specified in the Letter of Invitation.

2.23.6 If the envelope is not sealed and marked as instructed above, The UWI will assume no

responsibility for the misplacement or premature opening of the tender submitted. A tender opened prematurely for this cause will be rejected by The UWI and returned to the Tenderer.

2.24 Deadline for Submission of Tenders 2.24.1 The closing date and time for this Invitation for Tender is stated in the Letter of

Invitation.



2.24.2 The UWI may, at its discretion, extend the deadline for submission of tenders by issuing a Bulletin in which case, all rights and obligations of The UWI and the Tenderers previously subject to the original deadline shall thereafter be subject to the new deadline as extended.

2.25 Late Tenders

Tenders received after the deadline for submission of the tenders shall be rejected and returned unopened to the Tenderer.

2.26 Withdrawal of Tenders A Tenderer may withdraw his tender after tender submission provided that the notice of

withdrawal is received in writing by The UWI prior to the prescribed deadline for submission of tenders.



E. TENDER OPENING AND EVALUATION OF TENDERS 2.27 Tender Opening 2.27.1 The UWI will notify Tenderers of the date, time and location of the Tender opening. 2.27.2 The Tenderers’ representatives who are present shall sign a register evidencing their

attendance. 2.27.3 Representatives of The University will open the tenders received in the presence of the

Tenderers’ representatives who choose to attend on the date of the tender opening.

2.27.5 Tenders received will be examined to determine whether:

(I) they are complete; (II) there are any computational errors; (III) the documents have been properly signed; and (IV) the Tender’s are generally in order.

2.27.6 At the tender opening, The UWI will announce the Tenderers’ names, tender prices,

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

2.27.7 The UWI shall prepare a record of the results of the tender opening, including the

information disclosed to those present. The record shall be signed by the representatives of The UWI and by those representatives of the tenders who desire to do so.

2.28 Process to Be Confidential 2.28.1 No information relating to the examination, clarification, evaluation and comparison of

tenders and recommendations concerning the award of contract shall be disclosed to Tenderers and other person or persons not officially concerned with the procedures after the public opening of tenders and before the announcement of the award to the successful Tenderer.

2.28.2 Any effort by a Tenderer to influence representatives of The UWI in the process of

examination, clarification, evaluation and comparison of tenders, and in decisions concerning award of contract, shall result in the rejection of the Tenderer’s tender.

2.29 Clarification of Tenders 2.29.1 To assist in the examination, evaluation and comparison of tenders, The UWI 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, but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm the correctness of arithmetic errors discovered by The UWI during the evaluation of the tenders.



2.30 Determination of Responsiveness 2.30.1 Following the opening of tenders, The UWI shall ascertain whether material errors in

computation have been made in the tenders, whether the required guarantees have been provided, whether the documents have been properly signed, whether the tenders are substantially responsive to the tender documents and whether the tenders are otherwise generally in order.

2.30.2 For purpose of this Clause, a substantially responsive tender is one which conforms to

all the terms, conditions and specifications of the Tender Documents without material deviation or reservation.

2.30.3 If a tender does not conform to the specification or is not otherwise substantially

responsive, it shall be rejected by The UWI. 2.31 Correction of Errors 2.31.1 Tenders determined to be substantially responsive will be checked by The UWI for any

arithmetic error in computation and summation. Arithmetical errors will be rectified on the following basis:

(i) If there is a discrepancy between the unit price and the total price that is

obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected.

(ii) The Tenderer shall be notified of the correction and if he does not accept the

correction of the errors and stand by the corrected tender price, his Tender will be rejected.

(iii) If there is a discrepancy between words and figures, the amount in words will

prevail. (iv) Where errors are discovered after acceptance of the tender, the Tenderer would

be deemed to have stood by his tender price. For the purposes of administering the contract and for interim payments and settlement of accounts, all rates or prices inserted therein by the Tenderer will be reduced or increased in the same portion as the corrected total of priced items exceeds or falls short of the original total of such items.

2.31.2 The Tenderer shall not alter or otherwise qualify the text of these Bills of Quantities. Any

alteration or qualification made without the written approval of The UWI shall be ignored and the text of the Bills of Quantities as printed shall be adhered to.



2.32 Evaluation and Comparison of Tenders 2.32.1 The UWI will evaluate and compare only tenders determined to be substantially

responsive to the requirements of the Tender Documents. 2.32.2 In evaluating tenders, The UWI will determine for each tender the Evaluated Tender Price

by making any correction for errors. 2.32.3 In addition to the submitted prices, The UWI will take into consideration when evaluating

the tenders a demonstrated and documented commitment to provide a quality service, compliance with defined quality standards, personnel and financial resources available to the Tenderer to supply and maintain a flexible as well as a continuous service to The UWI.

2.32.4 The UWI 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 UWI shall not be taken into account in tender evaluation.

2.32.5 For a tender to be complete the Tenderer shall fill in all schedules and subsidiary

information which will be taken into consideration in the evaluation of a tender and failure to complete all documents as required may render the tender non-responsive.

2.32.6 Evaluation Criteria Tenders will be evaluated as per criteria listed below:

Item Criteria Weighting

1. Adherence to the equipment specifications outlined for a bench top (not portable) NIR Spectrometer.

40%

2.

Compatibility with existing cocoa NIRS spectral databases to facilitate research collaboration between institutions, allowing cross calibration, ring-testing and establishing a common database.

20%

3.

Ability to provide equipment servicing/technical support including parts.

20%

4.

Installation and training of CRC staff on basic maintenance and the use of equipment and software.

20%

TOTAL

100%

Tenderers must obtain a minimum of 70%



2.33 Variation of Quantities

The UWI reserves the right to vary the quantities at the time of award by increasing or decreasing these quantities by up to plus or minus 15% of the quoted numbers. The UWI also reserves the right to reject any Tender that is in non-compliance with the tender requirements.



F. AWARD OF CONTRACT 2.34 Award Criteria The UWI 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 but not necessarily the lowest submitted price, provided that the Tenderer has the capacity and resources to carry out the Contract effectively.

2.35 The UWI’s Right to Reject Any or All Tenders 2.35.1 The UWI reserves the right to accept or reject any or all tenders and to annul the tender

process and reject Tenders at any time prior to the award of contract. 2.35.2 The UWI is not obligated to accept the lowest or any tender. 2.35.3 The UWI may declare the tender void when none of the tenders meet the intent of the

specifications or when it is evident that there has been a lack of competition and/or that there has been collusion. In addition, all tenders may be rejected if they are substantially higher than the official budget approved by the Employer. Individual tenders may be rejected in cases where the particular tender is so much lower than the official estimate that it is reasonable to conclude that the Tenderer will not be able to complete the equipment within the specified time and at the price offered.

2.36 Notification of Award 2.36.1 Prior to the expiration of the tender validity period prescribed by The UWI, the successful

Tenderer will be notified in writing by the University that his tender has been accepted and The UWI shall inform him that he is required to enter into a formal contract with the University:

(a) A Letter of Acceptance shall be issued and signed by an authorized

representative of The University.

(b) The Tenderer shall confirm receipt in writing.

(c) Notification of the award shall constitute the formation of the Contract subject to the Tenderer furnishing the required Performance Bond and execution of the Agreement.

2.37 Signing of Agreement 2.37.1 At the same time that the successful Tenderer is notified that his tender has been

accepted, The UWI will send the Tenderer a draft copy of the Contract Agreement which incorporates all agreements between the parties.



2.37.2 Within 14 days of delivery of the Letter of Acceptance and upon the furnishing of the performance security in accordance with the Conditions of Contract, the successful Tenderer (i.e. Supplier/Contractor) shall sign the Form of Agreement.

2.37.3 Following the execution of the Agreement, the successful Tenderer shall be referred to

as the ‘Supplier’ and shall be expected to immediately commence performance of the Works.

2.37.4 The UWI will notify each unsuccessful Tenderer accordingly after the Agreement is

executed.

3.0 FORM OF TENDER


3.0 FORM OF TENDER

3.0 FORM OF TENDER


FORM OF TENDER TO: The Project Manager, Campus Projects Office,

The University of the West Indies, St Augustine INVITATION FOR TENDER FOR: The Supply, Delivery, Installation, Commissioning + Servicing of a Near

Infrared Reflectance (NIR) Spectrometer for the Cocoa Research Centre (CRC), The University of the West Indies, St Augustine Campus

INVITATION FOR TENDER NUMBER: IFT# P-05-2015 Gentlemen,

1. Having examined all documents that accompany this Invitation for Tender e.g., Bill of Quantities, Technical Specifications and Bulletins…… and ascertained Conditions of Contract governing the performance of the equipment above, we undertake as follows:

a) To carry out and complete the works described or referred to in the

Specifications supplied to us, in accordance with the attached Conditions, Tender Price, Schedules or other included documents;

b) To begin the work as such time as may be reasonably required but not less than

two (2) weeks from the date of the written acceptance of this Tender or as agreed by both parties;

c) To complete the whole of the supply, delivery, installation, testing and

commission of the equipment within ………………, weeks or sooner if possible.

d) To make good at our own cost any defects or other faults which shall appear within the three (3) year Warranty Period which shall be due in accordance with the specifications, and to pay any cost incurred by The UWI, and/or arising from the making good of such defects or other faults.

2. We agree that this offer shall remain valid and to acceptance by you open until the expiration of One Hundred and Twenty (120) days from the closing date of this tender.

3. We understand that the University is not bound to accept the lowest or any tender for

these works.

3.0 FORM OF TENDER


FORM OF TENDER (CONT’D) TO: The Project Manager, Campus Projects Office,

The University of the West Indies, St Augustine INVITATION FOR TENDER FOR: The Supply, Delivery, Installation, Commissioning + Servicing of a Near

Infrared Reflectance (NIR) Spectrometer for the Cocoa Research Centre (CRC), The University of the West Indies, St Augustine Campus

INVITATION FOR TENDER NUMBER: IFT# P-05-2015 Total amount in the sum of …………………...…………………………………………………. ………………………………….… $…………...……….…(VAT Exclusive and Duty Free) 4. We agree to be paid by the University as per option No. ………. referred to in the

conditions of contract.

Signed …………………………………………………………

in the capacity of …………………………………..duly authorized to sign tenders for and on

behalf of ……………………………………………………………………………………………..

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

(name of company & address)

Date: ……………………

Stamp:

3.0 FORM OF TENDER


FORM OF TENDER

APPENDIX TO FORM OF TENDER

Warranty & Maintenance on equipment installed and commissioned

Three (3) years

Insurance cover for any one occurrence or series of occurrences arising out of one event

$500,000.00

Date of Possession

To be agreed

Duration of works

………………………..weeks

Liquidated and Ascertained Damages

$1,000.00 per day

Terms of payment

Specify preferred options as listed in Section 4.0 - Conditions of Contract (Pages 4/2 - 4/3)

Performance Security

Not Applicable

Limit of Retention Fund Not Applicable

Signed ………………………………..

in the capacity of …………………………………..duly authorized to sign tenders for and on

behalf of …………………………………………………

………………………………………………...

( name of company & address )

Date: ………………………………………….

Stamp

4.0 CONDITIONS OF CONTRACT



It is hereby agreed the following: 1. Definitions

1.1 The term ‘UWI’ shall mean The University of the West Indies, St. Augustine Campus.

1.2 The ‘Supplier’ means the individual or firm or company undertaking to provide the Computers to The University of the West Indies, St. Augustine Campus, UWI, St. Augustine.

1.3 The ‘Site’ shall mean the location where the works are to be performed, namely, Faculty of Science and Technology, Department of Chemistry and Life Sciences, Third Floor, Teaching and Learning Complex, The University of the West Indies at The UWI, St. Augustine.

1.4. The ‘Works’ shall mean all work to be undertaken by the Supplier in performance of the

Contract, namely the, supply, delivery, installation, testing and commissioning of all equipment.

1.5 ‘The Contract’ shall mean the contract between The UWI and the Supplier consisting of

these conditions, the Technical Specification, Bill of Quantities and any other documents (or parts thereof) stated in the Technical Specification, Bill of Quantities. Should there be any inconsistency between the documents comprising the contract, they shall have precedence in the order herein listed.

1.6 The Technical Specification shall mean the Specification documents prepared by The

UWI as issued for this IFT.

2. Value Added Tax – Applicable to Local Vendors Only:

The sum payable by The UWI to the Supplier in respect of Value Added Tax shall be calculated and paid by The UWI to the Supplier in accordance with the Value Added Tax Act 1989 of the Republic of Trinidad and Tobago or any amendment thereof to this Act. The Supplier shall be registered with the Value Added Tax Administration Centre, Board of Inland Revenue. Payment of Value Added Tax shall be 15% of the Contract Price

3. Taxes and Duties

The Supplier is entirely responsible for all taxes, duties, license fees (if any and when applicable) incurred, until delivery of the equipment to the site.



4. Practical Completion, Warranty and Maintenance

When in the opinion of The UWI, the Works are practically completed and all testing and commissioning and operating and maintenance manuals have been received, and approved The UWI shall forthwith issue a certificate to that effect and Practical completion of the Works shall be deemed for the purposes of this Contract, to have taken place on the day named in such certificate. The warranty period shall be three (3) years from this date.

5. Currency of Tender

The price at which the equipment are offered should be quoted in Trinidad and Tobago Dollars (TT$) and VAT Exclusive.

6. Insurance against injury to persons and property

The Supplier shall maintain insurance in the joint names of the Supplier and The UWI to cover the liability of The UWI in respect of personal injury or death arising out of the Works and in respect of injury or damage to the property real or personal arising out of or in the course of or by reason of carrying out the Works and caused by any negligence, omission or default of The UWI, Supplier, their servants or agents or, as the case may be of such sub-Supplier, his servants or agents.

7. Insurance of the Equipment

The Supplier shall insure the equipment against all risks in an amount of 110% of the Contract price, to cover the period up to acceptance upon settlement of any claim under the insurances aforesaid the Supplier with due diligence shall restore damage, replace or repair any unfixed materials or equipment which have been destroyed or injured, removed and dispose of any debris and proceed with the carrying out of the completion of the Works. The Supplier shall not be entitled to any payment in respect of the restoration of the damaged, the replacement and repair of any unfixed materials or equipment, and the removal and disposal of debris other than the monies received under the said insurances. Upon acceptance of the equipment, the responsibility for insurances shall pass to The University of the West Indies.

8. Terms of Payment

The Supplier shall state in his tender which of the payment options outlined below is preferred. The supplier must submit all invoices for payment upon completion of the works or for interim payments directly to the Campus Projects Office. The supplier shall allow for at least thirty (30) days from submission of invoice and certification of works before payments are made.



In the case of foreign Suppliers, after identifying his preferred payment option, payment for equipment by The UWI shall be made directly to the Supplier in a form agreed upon between both parties by Wire Transfer in United States Dollars (US$).

OPTION 1 (Local Suppliers only)

A thirty percent (30%) advance of the contract sum (excluding contingencies) can be made on request by the Supplier after the Contract Agreement is signed. An invoice must then be submitted with a Bank Guarantee securing the repayment of one hundred percent (100%) of the amount of this installment. The Advance Payment Bank Guarantee will be released within fourteen (14) days of supply, delivery, installation and acceptance of equipment as evidenced by the Acceptance Certificate which has been signed by an authorized representative of The University of the West Indies. The sample Form of Bank Guarantee is included in the Specimen Forms section of this document. Seventy percent (70%) of the contract sum will be payable on delivery, installation and acceptance, testing and commissioning of the equipment and training of staff as evidenced by the Final Payment Certificate which has been signed by an authorized UWI representative.

OPTION 2 (Local and Foreign Suppliers)

Eighty percent (80%) of the Contract Sum will be payable on supply, delivery, installation and acceptance of the equipment as evidenced by the Acceptance Certificate which has been signed by an authorized UWI representative.

The twenty percent (20%) of the contract sum will be payable on testing, commissioning of the equipment and training of staff as evidenced by the Final Payment Certificate which has been signed by an authorized UWI representative.

9. Supplier’s Currencies

(1) The price at which the Supplier’s equipment are offered should be quoted in United States Dollars (US$) or a foreign currency clearly stated which is freely convertible in US$ for Foreign Quotations only.

(2) Local Suppliers are required to quote their price in Trinidad and Tobago (TT$) and VAT Exclusive where applicable.

(3) The rates of exchange to be used by the Supplier in arriving at the local

currency equivalent shall be the selling rates for similar transactions established by the Central Bank of Trinidad and Tobago prevailing on the date 28 days prior to the latest deadline for submission of quotation.



These exchange rates shall apply for all payments so that no exchange risk will be borne by the Supplier.

10. Price Adjustment The contract sum shall be firm except for fluctuations in material prices due to a change in the exchange rate of the Trinidad and Tobago dollar. The following clauses shall be applicable to this contract:

(a) The prices for imported material and/or equipment or for materials with a partial imported content included in the Tender sum is based on an exchange rate of the Trinidad & Tobago dollar to the US dollar current seven days before the date of Tender.

(b) If after the date of Tender the prices for the said imported material with a partial imported content is affected by a fluctuation in the exchange rate shall be added or deducted from the accepted Tender sum.

(c) The Supplier shall be required to give notice of any price change in material or equipment caused by the change in the exchange rate and shall make available all information as may be reasonably necessary or as may be requested by the Architect to verify a claim.

(d) No adjustment shall be due unless the Supplier shall have actually incurred the

increased or decreased cost arising from the fluctuation of the Trinidad and Tobago dollar and the adjustment shall not include an adjustment in the profit element of the contract sum. Adjustment shall only be due in respect of the US dollar component of the Tender price which had been stated in the Tender return. An adjustment shall only be due on the acceptance by the Architect of reasonable evidence that the Supplier has incurred an increase or decrease in the cost of the imported component due to the Trinidad and Tobago dollar.

(e) When submitting claims, the Supplier shall provide proof that all reasonable

measures have been taken to place orders sufficiently early to mitigate the effects of cost increases. Failure to satisfy this requirement will result in rejection of the claim

11. Import Duty Exemptions

(1) The Supplier is entitled to import the equipment into Trinidad and Tobago on a duty free basis, provided that the equipment are consigned to UWI. All materials, equipment, components and equipment, etc., especially imported by the Supplier for use in this project and incorporated in the Works described herein, shall be exempt from the imposition of any Customs Import Duty and Stamp Duty as defined by the Customs Acts or Excise Duty Act and Value Add Tax as defined by the Value Added Tax Act (1989).



(2) The Supplier shall be solely responsible for all documentation and submission required by the Customs Department of the Ministry of Finance necessary to qualify for these concessions to be granted and shall provide The UWI, prior to ordering of any equipment or materials, completed application forms accompanied by all invoices, form of certification or schedules currently required by the Government of Trinidad & Tobago as a pre-requisite to the approval process for such concessions.

(3) The Supplier’s attention is drawn to the fact that there are established

procedures for obtaining approval to import equipment duty-free into Trinidad & Tobago. No imported items will possess duty-free status unless the Supplier obtains prior approval. The Supplier is therefore required to ascertain the manner and nature of these procedures upon the execution of this contract and is deemed to have done so. No claim for extra costs or delay or extension of time will be entertained by virtue of this Clause.

(4) The preparation of such application forms, certification forms, schedules,

invoices, etc., together with the cost of insurance, freight, wharf age charges, storage (costs, customs clearance including broker’s charges, inland freight and all other charges normally associated with imports shall be paid by the Supplier and will be deemed to be included in the Contract Price.

(5) The Supplier shall bear the cost of any customs or other duties or import taxes levied through any fault, misunderstanding or neglect of his own.

(6) Any item of equipment or material imported for use but not for incorporation

into the works under this contract shall upon completion of the project either be purchased by The University or exported back to the original Supplier/Manufacturer.

(7) Detailed lists of the materials to be imported for incorporation in the Works, shall

be submitted to The UWI in triplicate within fourteen (14) days of notification of an award of contract.

(8) Triplicate copies of invoices for all materials imported free of duty shall be

forwarded to The UWI for retention.

(9) The Supplier shall allow in his Tender for the time and costs involved in the above procedures and in making the necessary applications.

(10) Notwithstanding the import duty and other tax concessions, the Supplier will be

responsible for the cost of licences, bonds, deposits, taxes, stamp duties, bank charges (for letters of credit or sight drafts, etc.,) wharf ages dues, package tax and any other charges in connection with the importation of equipment and materials.



12. Performance Security (Not Applicable)

13. Advance Payment Guarantees – Bank Guarantees

The guarantee required to secure certain payments must necessarily satisfy the following fundamental requirements: (1) It must be drawn up in favour of The University of the West Indies and payable

at the first request without contestation. (2) It must be issued by a Banking institution that is acceptable/ approved by The

UWI.

(3) It must be expressed in Trinidad and Tobago Dollars (TT$). Where the guarantee bears an expiry date (at least thirty (30) days after the foreseen date for Provisional Acceptance) and should it appear that acceptance may be delayed until after the expiry date, the validity of the Bank Guarantee shall be extended at the request of The UWI by successive periods of three (3) months until such time as acceptance is granted. A sample of a Bank Guarantee is attached in the Specimen Forms Section of this Tender document.

14. Completion of the Works and Services The Supplier will be required to complete the Works within the time as stated or agreed to by The University.

15. Compliance with OSHA Act No. 1 – 2004 The Supplier shall at all times take all reasonable precautions to maintain the health and safety of the Supplier’s personnel. The Supplier shall ensure that all work activities being undertaken to complete the scope of works at The University’s work site are compliant with the OSHA Act No. 1 of 2004.

16. Obligations of Both Parties

(i) Indemnification by the Supplier The Supplier shall indemnify The University against all legally enforceable liabilities relating to any foreseeable loss or damage to property, or injury to, or death of any person caused by or arising from any negligent act or omission or willful misconduct by the Supplier, its personnel, agents or Sub-Contractors.



(ii) Indemnification by The University

The University shall indemnify the Supplier against all legally enforceable liabilities relating to any foreseeable loss or damage to property, or injury to, or death of any person caused by or arising from any negligent act or omission or willful misconduct by The University, its personnel, agents or Sub-Contractors.

17. Quality of Materials & Equipment (1) All materials and equipment supplied by the Supplier shall be new, unused and

of the most recent or current models and shall incorporate all recent improvements in design and materials and meet or exceed the latest published specification of the manufacturer in all respects.

(2) The materials and completed work of this Section shall conform to the applicable

requirements of all current local codes. 18. Equipment

(1) The Supplier shall verify with all manufacturers and/or Suppliers the availability

and cost of all material and equipment proposed including all material and equipment specified herein. No cost increases shall be allowed for manufacturers’ cost increases or for substitutions required because of unavailability of proposed equipment.

(2) All power Suppliers, rack-mounts, shelves, interconnects; brackets etc. shall be

included while they may not be specifically called out herein.

19. Timely Delivery and Storage

(1) The timely delivery and installation of equipment required for these works is the responsibility of the Supplier. The Supplier shall be held responsible for all delays associated with both specified and alternate materials and for the timely submittal of tenders, items, drawings and other information required in order to expedite the work and to avoid delays.

(3) Costs of all shipping to site and of all storage requirements shall be borne by the

Supplier. It shall be the responsibility of the Supplier to make appropriate arrangements and to coordinate with authorized personnel at the site for the proper acceptance.



20. Warranty, Support and Maintenance (1) The Supplier shall guarantee the quality and function of the equipment under the

terms as required in the specification, for a period of not less than three (3) years following acceptance by The University of the West Indies. All manufacturers’ warranty shall be included in the contract with The University of the West Indies. All equipment shall be under warranty and maintenance for at least three (3) years, following acceptance by UWI.

(2) To maintain certain manufacturers’ warranties, the said equipment must be

installed, aligned and serviced by those installers authorized by the said manufacturer to perform those duties. If the Supplier is not authorized by the said manufacturer, it is the Supplier’s sole responsibility to make the appropriate arrangements and bear all cost and consequences thereof.

(4) All costs associated with acceptance testing shall be the responsibility of the

Supplier.

21. Training

The Supplier shall provide on-site training by a suitably qualified instructor to personnel designated by The University to instruct them in the operation and maintenance of the systems. The Supplier shall provide at no additional cost to The University a manufacturer’s representative for such instruction in the event the Supplier does not have a qualified instructor on staff. The Supplier should cater for training of UWI personnel (five (5) persons minimum).

22. Operating and Maintenance Manuals

At the completion of the installation, the Supplier shall provide the following information as required: (1) A “System Operation and Maintenance Manual”. The Supplier shall produce this

manual specifically for the systems detailed herein. (2) The “Operation” section shall describe all typical procedures necessary to

activate each system to provide for the functional requirements as listed under the Specifications. The reader of this manual shall be assumed to be technically competent, but unfamiliar with this particular facility.

(5) The “Maintenance” section shall provide a recommended maintenance schedule

with reference to the application pages in the manufacturer’s maintenance manuals. Where the manufacturer provides inadequate information, the Supplier shall provide the information necessary for proper maintenance.



23. Site Control Control of Works on site will be responsibility of the Supplier. The UWI will provide site staff to safeguard the interests of The UWI: their primary duties will be to inspect record and report to The UWI.

24. Assignment of Transfer of the Supply and Deliver Contract The Supplier shall not, without the consent in writing of The UWI, assign or transfer this

contract, or any part, share or interest therein.

25. Supplier’s Default

(1) If the Supplier fails to carry out promptly any of The UWI’s reasonable instructions, and fails within 21 days of notice by The UWI drawing attention to such failure to take steps as reasonably satisfy The UWI. The UWI may, without prejudice to any other of his rights, carry out the Works at the risk and expense of the Supplier.

(2) If the Supplier commits a breach of the Contract and fails within 21 days of notice

by The UWI to take such steps as reasonably satisfy The UWI to rectify such a breach, The UWI may without prejudice to any other of his rights terminate the Contract forthwith by notice to the Supplier. Thereupon without prejudice to any of his rights, The UWI may himself complete the Works or have it completed by a third party, using for that purpose (or making a fair and proper payment thereof) all materials, plants and equipment on the site belonging to the contract and until the Works have been completed in accordance with the requirements of the Contract and shall be entitled to deduct from the Contract price (ascertained in accordance with the terms and conditions of the Contract) any additional cost incurred by The UWI. If the total cost to The UWI exceeds the Contract price, the difference shall be recoverable by The UWI from the Supplier.

26. Delays in the Supplier’s Performance

The Supplier will be required to complete the Supply and Delivery within the time as stated in the Form of Tender. An unexcused delay by the Supplier in the performance of the Works shall render the Supplier liable to any or all of the following sanctions: forfeiture of its performance security, imposition of liquidated damages, or termination of the contract for default.



The Supplier should promptly notify The University of the West Indies in writing, if it encounters conditions which impede the timely delivery of the equipment. The University of the West Indies will evaluate the situation, and may at its discretion extend the Supplier’s time for performance, in which case the extension will be ratified in writing.

27. Liquidated Damages

Failure to complete the Supply and Delivery as specified will result in liquidated damages charges of TT$1,000.00 per day (up to ten percent (10%) of the Contract Sum) being levied on the Supplier.

28. Additional Claims

Claims for additional services will not be entertained unless submitted within two (2) weeks of the completion of the job.

29. Clearance of Site on Completion

On completion of the Supply and Delivery, the Supplier shall remove his equipment and unused material and shall clear away from the site all rubbish arising out of the Works.

30. Force Majeure

(i) Neither party shall be considered in default or in breach of its obligations under the agreement if the performance of such obligations is prevented by any circumstances of Force Majeure which arise after the date of notification of the award or the date when the agreement becomes effective, whichever is the earlier.

(ii) The term “Force Majeure” means an event which is beyond the reasonable

control of a party, and which makes a party’s performance of its obligations hereunder impossible or so impractical or reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts, or other industrial action are within the power of the party invoking Force Majeure to prevent, confiscation or any other action by government agencies:



(iii) Force Majeure shall not include:

(a) any event which is caused by the negligence of international action of a party or such party’s sub-consultants or agents or employees; nor

(b) any event which a diligent party could reasonably have been expected to

both take into account at the time of the execution of this agreement and avoid or overcome in the carrying out of its obligations hereunder;

(c) insufficiency of funds or failure to make any payment required hereunder.

(iv) Not later than thirty (30) days after, the Suppliers, as the result of an event of Force Majeure, may have become unable to perform a material portion of the Services, the parties shall supply with each other with a view to agreeing on appropriate measures to be taken in the circumstances.

31. Settlement of Disputes (1) Amicable Settlement

The parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Agreement or the interpretation thereof.

(2) Mediation

Any dispute between the Parties as to matters arising pursuant to this agreement which cannot be settled amicably within thirty (30) days after receipt by one Part of the other Party’s request for such amicable settlement shall be submitted to Mediation proceedings in accordance with the Mediation Act No. 8 of 2004 of the Republic of Trinidad and Tobago or any statutory modification/s thereof for the time being in force.

(3) Right to Arbitration

Any dispute between the Parties as to matters arising pursuant to this agreement which cannot be settled by Mediation within thirty (30) days after the initiation of such proceedings may be submitted by either Party to arbitration in accordance with the provisions of the Arbitration Act of the Republic of Trinidad and Tobago Chapter 5:01 or any statutory modification/s thereof for the time being in force.

(4) Determination

The UWI shall, in addition to any other power enabling it to determine the

contract, have power to determine the contract at any time by notice in writing to the Supplier and upon receipt by the Supplier of the notice of the contract



shall be determined without prejudice to the rights of the parties accrued to the date of determination.

In event of the contract being determined in accordance with paragraph (1)

hereof the Supplier shall be entitled to be paid the reasonable cost of all work executed in connection with the production Design which has been incurred up to the date of determination.

Upon receipt by the Supplier of the notice to determine in accordance with paragraph (1) hereof, the Supplier shall cease forthwith to carry out any work in connection with the Design and shall immediately deliver to The UWI any documents or particulars comprising part of the Design which may be required by The UWI.

5.0 SPECIFICATIONS/EMPLOYER’S REQUIREMENTS



5.1 Specific Needs For NIR In The Project The market for cocoa has evolved to a point where the chain of custody is becoming more important from a food safety, quality and niche marketing stand point. Many buyers and users of cocoa are required to provide proof of origin of their cocoa beans and permit traceability of the beans along the value chain. On the other hand there is increased specialization in the end market place for cocoa beans and cocoa derivatives to be proven to come from a particular location and to attract a high price by virtue of that differentiation. Additionally, for those who export (the majority at present) there is also a need to meet increasingly stringent specifications of content and non-contamination. Work package four of the IFCIC project deals with the development and implementation of innovative Quality Management, Certification and Traceability systems and services. Equipment using NIR spectroscopy technology is now available to provide cost-effective services which will be an innovation in the marketplace based around niche marketing, product differentiation, linking the cocoa industry to origin, certification and traceability as well as support for developing geographical indications, estate origins and varietal origin. 5.2 Specifications of the NIR Spectrometer

x NIR Spectrometer in the wavelength 400 – 2500 nm

x 110 – 220 Voltage, 60 Hz

x Sample accessory kits

x Solid sampling module (including coarse granular samples)

x Liquid sampling kit

x Accessory kits

x Scan software for analysis

x Calibration development software – full license

x NIR standards

x Sample cups for reflectance analysis of powders



x Shipping, delivery, installation and commissioning at:

Cocoa Research Centre Sir Frank Stockdale Building Ground Floor, North wing The University of the West Indies St. Augustine

x Training for appropriate staff

x Warranty and service

x Certificate of origin

6.0 BILL OF QUANTITIES


6.0 BILL OF QUANTITIES

SAMPLE BILL OF QUANTITIES The Supply, Delivery, Installation, Commissioning + Servicing of a Near Infrared Reflectance (NIR) Spectrometer for the Cocoa Research Centre (CRC), The University of the West Indies, St Augustine Campus, (IFT#P-05-2015)

DESCRIPTION QTY. UNIT PRICE TOTAL TT$

1. NIR Spectrometer in the wavelength 400-2500nm; 110-220 voltage, 60Hz

2. Sample accessory kits

3. Solid sampling module (including coarse granular samples)

4. Liquid sampling kit

5. Accessory kits

6. Scan software for analysis

7. Calibration development software – full license

8. Sample cups for reflectance analysis of powders 9. Training for staff 10. Warranty [3 years minimum] 11. On-going service + maintenance 12. Installation, testing and commissioning 13. Shipping and delivery to site

Sub-Total Cost of Providing the 10% Performance Security Cost of Providing Advance Payment Guarantee (if required) Client Contingency (10%) Sub-Total Total [Duty Free + VAT Free] 15% VAT (where applicable)

TOTAL COST [DUTY FREE + VAT INCLUSIVE] Words Figures

Time for completion for supply, delivery, installation and commissioning : ……………weeks

NAME OF COMPANY: ________________________ ____________________________ COMPANY STAMP Authorized Representative

_______________________ __________________________

NAME IN BLOCK LETTERS SIGNATURE

Date: ________________________

7.0 SPECIMEN FORMS


7.0 Specimen Forms 7.1 Advance Bank Guarantee

7.2 Draft Contract (see specimen below)

7.0 SPECIMEN FORMS


7.1 Bank Guarantee (see specimen below)

7.1 SPECIMEN FORM – BANK GUARANTEE


BANK GUARANTEE FOR ADVANCE PAYMENT

THIS GUARANTEE is made the day of 2015 BETWEEN

(1) (Name of Bank) whose registered office is situated at (Address of Bank)

( hereinafter called “the Guarantor” ) which expressions shall include its successors and

permitted assigns) and

(2) The University of the West Indies whose registered office is situated at St. Augustine,

Trinidad (hereinafter called “the Employer” which expression shall include its successors and

assigns)

WHEREAS

(A) This Guarantee is supplemental to a Contract (hereinafter called “the Contract”) dated the

and made between (Name of Contractor) (hereinafter called “the

Contractor”) of the One Part and the Employer of the other part whereby the Contractor

agreed and undertook to perform the Works described as the (Name of Project) for the sum

of (Contract Amount) upon the terms and subject to the conditions contained in the

Contract.

(B) The Employer has agreed to make an advance of (Amount of Advance VAT Exclusive)

($ ) (currency) to the Contractor (hereinafter called “the Advance Payment”)

to assist in their mobilization costs which Advance Payment will be recovered by the

Employer from the Contractor in the manner hereinafter appearing.

(C) The Guarantor has agreed to guarantee the repayment by the Contractor and recovery of

the Advance Payment in manner hereinafter appearing.



NOW IT IS HEREBY AGREED AS FOLLOWS

1. If the Advance Payment shall not have been recovered by the Employer in manner

hereinafter appearing that is to say by deduction in (Number of Installments) equal

installments of (Installment Amount) the Contractor as stated in each monthly payment

certificate in accordance with the Contract commencing with the first then the Guarantor

shall irrevocably and unconditionally indemnify the Employer against all losses damages

claims costs and expenses which may be incurred by it by reason of any default on the part

of the Contractor in performing and observing the agreements and provisions on its behalf

contained in the Contract relating to the Advance Payment and its repayment and recovery.

2. The Guarantor shall not be discharged or released from this Guarantee by any arrangement

made between the Contractor and the Employer without the assent of the Guarantor or by

an alteration in the obligations undertaken by the Contractor or by any forbearance or

forgiveness whether as to payment to performance or otherwise in respect of any matter or

thing concerning the Contract provided however that if any part of the Advance Payment is

recovered as aforesaid the amount of this Guarantee shall be reduced accordingly by an

amount equivalent to the amount so recovered.

3. The Employer agrees and undertakes to provide the Guarantor with a written statement

each month evidencing and acknowledging the amount (if any) by which the Guarantor’s

and Contractor’s liability for the Advance Payment is reduced as aforesaid.

4. This Guarantee shall automatically cease on liquidation of the liability for the Advance

Payment.

5. This Guarantee is governed under the laws of the Republic of Trinidad and Tobago.



The Common Seal of (Name of Bank) was affixed by:

) ) )

The Secretary in the presence of: ) a Director/Manager by order and authority of the Board of Directors and in conformity with the Articles of Continuance/By-Laws and signed by both of them in the presence of:

) ) ) ) )

The Common Seal of (Name of Contractor) was affixed by:

) ) )

The Secretary in the presence of: ) a Director/Manager by order and authority of the Board of Directors and in conformity with the Articles of Continuance/By-Laws and signed by both of them in the presence of:

) ) ) ) )

Date:

7.2 SPECIMEN - DRAFT CONTRACT


THE UNIVERSITY OF THE WEST INDIES ST AUGUSTINE CAMPUS

CONTRACT DOCUMENTS

Supplier: (Name of Supplier) Contract No: CPC-……./2015 ……… 2015

The Supply, Delivery, Installation, Commissioning + Servicing of a

Near Infrared Reflectance (NIR) Spectrometer for the Cocoa Research Centre (CRC) at

The University of the West Indies, St Augustine Campus



CONTRACT NO. CPO-…../2015

AGREEMENT

THE REPUBLIC OF TRINIDAD &TOBAGO

THIS AGREEMENT is made the ……… day of ………., 2015 between THE UNIVERSITY OF THE WEST INDIES, ST.

AUGUSTINE CAMPUS, a regional public institution established by Royal Charter on the 2nd day of April, 1962 at its

St. Augustine Campus in the ward of Tacarigua in the island of Trinidad (hereinafter called “The University”) of

the One Part and (Name of Supplier), a company incorporated under the laws of the Republic of Trinidad and

Tobago with its registered office situate at (Address of Supplier) in the island of Trinidad (hereinafter called “the

Supplier”) of the Other Part.

WHEREAS: A. The University is proposing to undertake the supply and installation of equipment to the Faculty of

Science and Technology, Department of Chemistry and Life Sciences in the Third Floor, Teaching and

Learning Complex located at the St Augustine Campus (hereinafter called “the Project”).

B. The Supplier has represented to The University that he has the necessary resources and expertise to

carry out the required supply and installation of equipment for the Project which are more particularly

described in Annex-A and which are hereinafter called “the Works”.

C. The University has accepted the Supplier’s tender price dated ………….. 2015 for the

equipment in the sum of …………………………………..Dollars ($............) VAT Exclusive

(hereinafter called “the Contract Price”). This amount represents the total contract sum for the

Works and includes a 10% client contingency of ………………….. Dollars ($.................) VAT Exclusive

which shall be used only upon prior approval by The University.



D. VAT PAYMENTS

The sum payable by The University to the Supplier in respect of Value Added Tax shall be calculated and

paid by The University to the Supplier in accordance with the Value Added Tax Act 1989 of the Republic

of Trinidad and Tobago or any amendment thereof to this Act. The Supplier shall be registered with the

Value Added Tax Administration Centre, Board of Inland Revenue.

In the event that items are to be imported and supplied duty-free to The University, the payment

of VAT on the vatable elements will be paid to the Supplier by The University on submission of

the relevant TAX/VAT invoices by the Supplier.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

to them in the Conditions of Contract referred to in the section below.

2. CONTRACT DOCUMENTS

2.1 The following documents shall be deemed to form and be read and construed as part of this

Agreement, viz. this Agreement complete with all its attachments:

(a) Notification of Award:

Signed Letter of Acceptance by the Supplier dated ……..…… 2015;

(b) Bulletin …. dated ………2015

(c) The Supplier’s tender submission dated ………………………2015

(d) The University’s Invitation for Tenders dated ……………. 2015

2.2 The order of precedence of documents will be as outlined in (2) above.



3. OBLIGATIONS OF THE SUPPLIER

3.1 The Supplier shall exercise all reasonable skill, care and diligence in the discharge of its obligations

under this agreement.

3.2 The Supplier shall throughout the performance of the works and services and following its completion,

maintain the strictest secrecy vis-à-vis third parties in respect of information, data or documents

acquired or brought to their notice during the performance of the Services.

3.3 In carrying out the works and services entrusted to it, the Supplier shall endeavor to find the best

technical and economic solutions and shall co-operate fully with The University’s authorized

representative/s in the execution of the Services herein.

4. OBLIGATIONS OF THE UNIVERSITY

4.1 The University shall so as not to delay the Services and within a reasonable time give to the Supplier all

information in its power to obtain which may pertain to the project and the Services. These shall include

but not be limited to access to site, power, water and toilet facilities. (Depending on works required.)

4.2 On all matters properly referred to it in writing by the Supplier, The University shall give its decision in

writing within a reasonable time so as not to delay completion of the project and the performance of

the works and services.

5. SCOPE OF WORKS

5.1 The project involves supply and installation of equipment to the Faculty of Science and Technology,

Department of Chemistry and Life Sciences on the Third Floor, Teaching and Learning Complex

located at the St Augustine Campus as per specifications outlined in the Invitation for Tenders

document dated ……………., 2015 and Supplier’s quotation dated ……………….., 2015



5.2 Programme Schedule

5.2.1 The Supplier shall comply with the Programme Schedule/Programme of Work, stated in the

specifications or submitted by him and approved by The University, showing time period and dates

on which the equipment and/or services are to be performed. Should the scope of the services be

varied by The University, then the revised Programme Schedule shall be provided to Supplier by The

University or if so instructed by The University, the Supplier shall submit a revised Programme

Schedule for approval. The revised Programme Schedule shall take precedence and form part of the

specifications.

5.2.2 The Supplier shall be deemed to have examined the locations, the requirements specified and any

other factors relevant to the delivery of the equipment or performance of the services in accordance

with the Programme Schedule.

5.3 Supplier’s Personnel

5.3.1 The Supplier shall at all times in and about the supply and/or performance of the services under the

Contract employ personnel who are competent, sufficiently trained, skilled and experienced in their

respective trades and professions to ensure performance of obligations with due diligence and in

compliance with the Contract.

5.3.2 The University may require the Supplier to remove any of its personnel from the performance of the

Contract and the Supplier shall forthwith comply with such instructions. The University shall not in

any circumstances be liable to The Supplier or any of its personnel in relation to any such action or

removal and The Supplier shall fully and promptly indemnify The University in respect of any claims

brought by any such employee arising from such removal.

5.3.3 The Supplier shall take all necessary steps to ensure that its personnel and agents comply with all

relevant rules, codes, policies, procedures and standards of The University notified to the Supplier

by The University from time to time and with all relevant statute, statutory orders and regulations.



The Supplier shall provide and shall ensure that its personnel wear at all times when engaged in the

supply of equipment and/or services and on the property or premises of The University such

identification as may be specified by the Consultant.

6. Particular attention is drawn to the following:

6.1 The Equipment

The Supplier shall throughout the contract period supply the equipment and perform the services in

accordance with the Conditions of Contract and this Agreement. The Supplier shall ensure that the

equipment are of satisfactory quality and meet the technical specifications, requirements and the

drawings/figures outlined in the Invitation for Tender documents.

At all times, The Supplier shall supply the equipment specified in the Technical Specifications with

reasonable skill and care, in accordance with written instructions and to the reasonable satisfaction

of The University.

6.2 Supplier’s All Risk and Workmen’s Compensation

The Supplier shall provide insurances for the ‘Supplier’s All Risk and Workman’s Compensation’ for

the duration of the Contract.

6.3 Compliance with OSHA Act No. 1 - 2004

The Supplier shall at all times take all reasonable precautions to maintain the health and safety of

The Supplier’s personnel. The Supplier shall ensure that all work activities being undertaken to

complete the scope of works at The University’s work site are compliant with the OSHA Act No. 1 of

2004.



6.4 Obligations of Both Parties

(i) Indemnification by The Supplier

The Supplier shall indemnify The University against all legal enforceable liabilities relating to

any foreseeable loss or damage to property, or injury to, or death of any person caused by

or arising from any negligent act or omission or willful misconduct by the Supplier, its

personnel, agents or Sub-Suppliers.

(ii) Indemnification by The University

The University shall indemnify the Supplier against all legally enforceable liabilities relating

to any foreseeable loss or damage to property or injury or death of any person arising from

any negligent act or omission or willful misconduct of The University, its personnel, agents

or Sub-Suppliers.

6.5 Warranty, Support and Maintenance

6.5.1 The Supplier warrants that the equipment supplied under the contract are new, unused and of the

most recent or current models and incorporate all recent improvements in design and materials. The

Supplier shall guarantee the quality and function of the equipment under the terms as required in

the specifications, for a period of not less than one (1) calendar year following acceptance by

University.

6.5.2 All manufacturers’ warranty shall be included in the contract with The University. The Supplier shall

provide repairs to any faulty equipment at no charge to The University during the said warranty

period.

6.5.3 The Supplier warrants that the equipment supplied will be effective in all respects for the purpose of

performing the requirements and will comply in all respects in terms of performance and

requirements.



6.6 Insurance of Equipment

6.6.1 The Supplier shall insure the equipment against all risks to cover the period up to acceptance of the

equipment by The University.

6.6.2 Upon settlement of any claim under the insurance aforesaid, The Supplier with due diligence shall

restore damaged equipment, replace or repair any unfixed materials or equipment which have been

destroyed or remove and dispose of any debris and proceed with the carrying out and completion

of the Works. The Supplier shall not be entitled to any other payment in respect of the restoration

of the damages, the replacement and repair of any unfixed materials or equipment, and the removal

and disposal of debris other than the monies received under the said insurances. Upon acceptance

of the equipment, the responsibility for insurances shall pass on to The University.

6.7 Delays in the Supplier’s Performance

6.7.1 Delivery by The Supplier shall be made in accordance with the delivery schedule agreed at the time

of issue of the signed contract. An unreasonable delay by The Supplier in the performance of its

delivery obligations shall render The Supplier liable to any or all of the following sanctions: forfeiture

is performance security, imposition of liquidated damages, ($1,000.00 per day up to a maximum of

10% of the contract price) or termination of the contract for default.

6.7.2 The Supplier should promptly notify The University in writing, if it encounters conditions, which

impede the timely delivery of the equipment. The University will evaluate the situation, and may at

its own discretion extend The Supplier’s time for performance, in which case the extension will be

ratified in writing.

6.8 Timeframe for the Supply, Delivery & Installation of System

The Supplier will be required to complete The Works within a maximum period of five (5)) weeks

from signing of the Letter of Acceptance.



7. VARIATIONS

7.1 Variation of Conditions

Following the formation of this binding agreement, no deletion from, addition to, or variation of the

Conditions shall be valid or of any effect unless agreed in writing and signed by the authorized

representatives of the parties.

7.2 Variation of Equipment & Services

The University may from time to time require changes to the Specifications and accordingly, the

Authorized Officer may upon giving reasonable written notice of such changes to The Supplier to do

all or any or the following within such reasonable period as may be specified:

(i) to omit any part of the Equipment and/or Services or to cease to provide any part of the

Equipment and/or Services permanently or during such times and for such period as the

Authorized Officer may determine;

(ii) to perform the Services or any part thereof in such manner as the Supervising Officer (Clause

#10 – Orders and Instructions) may reasonably require, providing that a requirement to

provide the Services in accordance with the Specification shall not be a variation;

(iii) to provide such equipment and/or services as the Authorized Officer (Clause 10– Orders and

Instructions) may reasonably require, provided that such additional equipment and/or

services shall be of the same type as or similar to the equipment and/or services referred to

in the Specification.

7.3 No variation shall be made by The Supplier without an instruction by the Authorized Officer. All such

instructions shall be given in writing, provided that if for any reason the Authorized Officer shall find

it necessary to give any such instruction orally in the first instance, The Supplier shall comply with

such oral instruction. Such oral instruction shall be confirmed in writing by the Authorized Officer as

soon as is possible. If any written confirmation by The Supplier to the Authorized Officer does not



contradict an oral instruction given by the Authorized Officer, it shall be deemed to be an instruction

in writing by the Authorized Officer.

7.4 In the event of a variation, the prices and the rates may also be varied. The amount of any such

variation in the prices shall be such an amount as properly and fairly reflects the nature and extent

of the variation in all prevailing circumstances.

7.5 Any dispute as to the value of any variation or additional equipment and/or services, or as to whether

any variation or additional equipment and/or services should give rise to a change in the Contract

Price or payment under the Contract, the decision may ultimately be dealt with in accordance with

Clause #22 – Settlement of Disputes under this Agreement.

8. QUALITY CONTROL

The Supplier shall ensure that the equipment comply with the Technical Specifications, other

requirements and instructions of The University and all statutory requirements. All services must be

performed in a sound manner and free from all defects including defects in design where

appropriate.

9. REJECTION OF EQUIPMENT AND/OR SERVICES

9.1 The University shall not be deemed to have accepted the whole or any part of the equipment and/or

services until after The University has actually inspected the equipment and/or services and

ascertained that they are in accordance with the Contract. The University representative’s signature

on any delivery note or other documentation in connection with the delivery of equipment is

evidenced only for the number of packages received. In particular, it is not evidenced that the

correct quantity or number of equipment has been delivered or that the equipment delivered are in

good condition or of the correct specification and quality.



9.2 The University may by notice to The Supplier, reject any of the equipment and/or services which are

not in accordance with the Contract. Furthermore, if by the nature of the equipment and/or services,

any inherent defects or any failure to conform with the specifications do not or would not become

apparent (despite carrying out of any examination or test) until after use of the equipment, The

University may reject the same during a reasonable period of use which would allow for ascertaining

the durability and satisfactory quality of the equipment and/or services. The Supplier acknowledges

that in the case of Equipment, The University may exercise the rights of rejections.

9.3 Equipment and/or services so rejected shall be replaced or be remedied as the case may be, by The

Supplier at his own expense. The Supplier shall replace the rejected equipment and/or services with

those of satisfactory quality, which meet in all respects with the specifications within thirty (30) days

of such rejection or as otherwise agreed between the parties.

9.4 The Supplier shall pay to The University on demand, or by way of set-off against any sums due or

becoming due to him under the Contract, any additional costs, fees or expenses incurred by The

University by reason of any delay in removal and/or replacement of such rejected equipment and/or

re-performing the services.

10. ORDERS AND INSTRUCTIONS

10.1 The Supplier shall not accept any orders or instructions with financial implications other than those

issued in writing by the Authorized Officer of The University.

10.2 Any notice, request or communication required or permitted to be given or made

pursuant to this agreement shall be in writing. Any such notice, request or

communication shall be deemed to have given or made when delivered in person to

an authorized representative of the party to whom the communication is

addressed, or when sent by registered mail, telegram or facsimile transmission and

confirmed by registered post to the party to which it is required to be given at the

following address:



For The Supplier: (Name of Supplier) Address of Supplier

Attention: …………………………….

For The University: (1) Authorized Officer

Alfred Reid – Project Manager Campus Projects Office 25A Warner Street, St Augustine

Supervising Officer

(2) …………………………………..

Campus Projects Office 25A Warner Street, St Augustine

11. SUPPLIER’S DEFAULT

If The Supplier fails to carry out promptly any of The University’s reasonable instructions, and fails

within 21 days of notice by The University drawing attention to such failure to take steps as

reasonably satisfy The University, The University may, without prejudice to any other of his rights,

carry out the work at the risk and expense of The Supplier.

12. IMPORT DUTY & VAT EXEMPTIONS

(1) The Supplier is entitled to import equipment into Trinidad and Tobago on a duty free basis,

provided that the equipment are consigned to The University.

(2) All materials, equipment, components and equipment, etc., especially imported by the

Supplier for use in this project and incorporated in the Equipment described herein, shall be

exempt from the imposition of any Customs Import Duty and Stamp Duty as defined by the

Customs Acts or Excise Duty Ac and Value Added Tax as defined by the Value Added Tax Act

1989.



(3) The Supplier shall be solely responsible for all documentation and submission required by

the Customs Department of the Ministry of Finance necessary to qualify for these

concessions to be granted and shall provide to The University, prior to the ordering of any

equipment or materials, completed application forms accompanied by all invoices, form of

certification or schedules currently required by the Government of Trinidad & Tobago as a

pre-requisite to the approval process for such concessions.

(4) The Supplier’s attention is drawn to the fact that there are established procedures for

obtaining approval to import equipment duty-free into Trinidad & Tobago. No imported

items will possess duty-free status unless the Contract obtains prior approval. The Supplier

is therefore required to ascertain the manner and nature of these procedures upon the

execution of this contract and is deemed to have done so. No claim for extra costs or delay

or extension of time will be entertained by virtue of this Clause.

(5) The preparation of such application forms, certification forms, schedules, invoices, etc.,

together with the cost of insurance, freight, wharfage charges, storage (costs, customs

clearance including broker’s charges, inland freight and all other charges normally associated

with imports shall be paid by the Supplier and will be deemed to be included in the Contract

Price.

(6) The Supplier shall bear the cost of any customs or other duties or import taxes levied through

any fault, misunderstanding or neglect of his own.

(7) Any equipment or material imported for use on but not for incorporation into the works

under the terms of this Clause shall, upon completion of the works, either be disposed of by

the Supplier to The University or to be exported by the Supplier. Any plant or equipment

retained by the Supplier of all import duties of the Equipment shall be subject to settlement

by the Supplier of all import duties and taxes due to the value of such plant and equipment

and in force at the time.



(8) Detailed lists of the materials to be imported for incorporation in the works shall be

submitted to The University in triplicate within fourteen (14) days of taking possessing of the

site.

(9) Triplicate copies of invoices for all materials imported free of duty shall be forwarded to The

University for retention.

(11) Notwithstanding the import duty and other tax concessions, the Supplier shall be

responsible for the cost of licences, bonds, deposits, taxes, stamp duties, bank charges (for

letters of credit or sight drafts, etc.) wharfage dues, package tax and any other charges in

connection with the importation of equipment and materials.

13. PAYMENT TERMS [Supplier to select 1 of the 3 options listed]

OPTION 1

A thirty percent (30%) advance of the contract sum (excluding contingencies) can be made on

request by the Supplier after the Contract Agreement is signed. An invoice must then be submitted

with a Bank Guarantee securing the repayment of one hundred percent (100%) of the amount of this

installment. The Advance Payment Bank Guarantee will be released within fourteen (14) days of

supply, delivery, installation and acceptance of equipment as evidenced by the Acceptance

Certificate which has been signed by an authorized representative of The University of the West

Indies.

Sixty-five percent (65%) of the contract sum will be payable on completion and acceptance of

equipment as evidenced by the Acceptance Certificate that is signed by an authorized representative

of The UWI.

The final five percent (5%) of the contract sum will be payable as follows:



The first half of the retention (2.5%) shall be released on delivery, installation and acceptance of the

equipment as evidenced by the Acceptance Certificate which has been signed by an authorized UWI

representative.

The second half of the retention (2.5%) shall be released on the expiry of the 1-year warranty period

as evidenced by the Final Payment Certificate which has been signed by an authorized UWI

representative.

OPTION 2

Ninety-five percent (95%) of the Contract Sum will be payable on supply, delivery, installation and

acceptance of the equipment as evidenced by the Acceptance Certificate which has been signed by

an authorized UWI representative.

The final five percent (5%) of the contract sum will be payable as follows:



representative.



representative.

OPTION 3

The Supplier shall receive interim payment in accordance with the progress of the works as certified

by the Campus Projects Office (CPO) or the Consultants. Interim payments shall in this case be

subject to retention of five percent (5%) which shall be as follows:





representative.



representative.

14. PRICE ADJUSTMENT

The contract sum shall be firm except for fluctuations in material prices due to a change in the

exchange rate of the Trinidad and Tobago dollar. The following clauses shall be applicable to this

contract:

(i) The price of imported materials and/or equipment and/or materials with partially imported

content included in the Quotation is based on an exchange rate of the Trinidad and Tobago

dollar to the US dollar current seven (7) days before the closing date of the Invitation for

Tenders (RFQ).

(ii) If the prices for the said imported material or equipment or the material with a partial

imported content is affected by a fluctuation in the exchange rate after the RFQ closing date,

then the net increase or decrease as the case may be caused directly by the fluctuation of

the exchange rate shall be added or deducted from the accepted Contract sum.

(iii) The Supplier shall be required to give notice of any price change in material or equipment

caused by the change in the exchange rate and shall make available all information as may

be reasonably necessary or as may be requested by The University to verify a claim.

(iv) No adjustment shall be due unless the Supplier shall have actually incurred the increased or

decreased cost arising from the fluctuation of the Trinidad and Tobago dollar and the

adjustment shall not include an adjustment in the profit element of the contract sum.



Adjustment shall only be due in respect of the US dollar component of the Contract price,

which had been stated in the Supplier’s Quotation. An adjustment shall only be due on the

acceptance by The University of reasonable evidence that the Supplier has incurred an

increase or decrease in the cost of the imported component due to the fluctuation of the

Trinidad and Tobago dollar.

(v) When submitting claims, the Supplier shall provide proof that all reasonable measures have

been taken to place orders sufficiently early to mitigate the effects of cost increases. Failure

to satisfy this requirement will result in rejection of the claim.

15. PERFORMANCE SECURITY (Not Applicable)

16. SUSPENSION OR TERMINATION BY THE UNIVERSITY

16.1 The University may suspend all or part of the Works or terminate the Contract by notice of at least

seven (7) days to the Supplier who shall immediately make arrangements to stop the Works and

minimize expenditure:

(a) If the Supplier fails to remedy a failure in the performance of its obligations hereunder, as

specified in a notice of suspension within seven (7) days or receipt of such notice of

suspension or within such further period as The University may have subsequently approved

in writing;

(b) If the Supplier becomes insolvent or bankrupt or takes advantage of any law for the benefit

of debtors or goes into liquidation or receivership whether compulsory or voluntary;

(c) The Supplier fails to comply with any final decision reached as a result of arbitration

proceeding pursuant to Clause 22.3 hereof;

(d) If the Supplier submits to The University a statement which has a material effect on the

rights, obligations or interests of The University and which the Supplier knows to be false; or



(e) If, as the result of Force Majeure, the Supplier is unable to perform a material portion of the

Works for a period of not less than thirty (30) days.

16.2 If The University considers that the Supplier is without good reason not discharging its obligations in

accordance with this agreement it can inform the Supplier by notice stating the grounds for the

notice. If a satisfactory written reply is not received within seven (7) days The University may by

further notice terminate the agreement.

17. TERMINATION BY THE SUPPLIER

17.1 The Supplier may, by not less than seven (7) days’ written notice to The University terminate this

agreement if The University:

(a) fails to pay any money due to Supplier pursuant to this agreement within twenty one (21)

days after receiving written notice from the Supplier that such payment is overdue;

(b) is in material breach of its obligations has not remedied the same within twenty one (21) days

(or such a longer period as Supplier may have subsequently approved in writing) following

the receipt by The University of the Supplier’s notice specifying such breach;

(c) if, as the result of Force Majeure, the Supplier is unable to perform a material portion of the

Works for a period of not less than thirty (30) days.

17.2 Such termination shall be without prejudice to any other rights of the Supplier acquired under the

agreement.

17.3 Upon termination of this agreement pursuant to Clauses 16 (Suspension or Termination by The

University) or 17 (Termination by The Supplier) all rights and obligations of the parties hereunder

shall cease except:



(a) such rights and obligations as may have accrued on the date of termination of expiration;

and

(b) any right which a party may have under the Laws of the Republic of Trinidad and Tobago.

18. FORCE MAJEURE

18.1 Neither party shall be considered in default or in breach of its obligations under the Agreement if

the performance of such obligations is prevented by any circumstances of Force Majeure which arise

after the date of notification of the award or the date when the agreement becomes effective,

whichever is the earlier.

18.2 The term “Force Majeure” means an event which is beyond the reasonable control of a party, and

which makes a party’s performance of it obligations hereunder impossible or so impractical or

reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war,

riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions,

strikes, lockouts, or other industrial action are within the power of the party invoking Force Majeure

to prevent, confiscation or any other action by government agencies:

(i) Force Majeure shall not include:

(a) any event which is caused by the negligence of international action of a

party or such party’s sub-consultants or agents or employees;

(b) any event which a diligent party could reasonably have been expected to both take

into account at the time of the execution of this agreement and avoid or overcome

in the carrying out of its obligations hereunder; nor

(c) insufficiency of funds or failure to make any payment required hereunder.



(ii) Not later than thirty (30) days after, the Suppliers, as the result of an event of Force Majeure,

may have become unable to perform a material portion of the Services, the parties shall liaise

with each other with a view to agreeing on appropriate measures to be taken in the

circumstances.

19. ERRORS AND OMISSIONS

The Supplier agrees to perform such additional services as may be necessary to correct errors and

omissions by the Supplier in the performance of the Works/Services without undue delay and without

additional cost to The University. The acceptance of the Services by The University shall not relieve the

Supplier of the responsibility for subsequent correction of such errors. Nothing herein shall be

construed to relieve the Supplier of the responsibility for subsequent correction of such errors. Nothing

herein shall be construed to relieve the Supplier of its liability for additional costs resulting from errors

or negligence.

20. ASSIGNMENT & SUB-CONTRACTING

The Supplier shall not assign or transfer this Contract or any part thereof, or without the written

consent of The University. Such consent if given shall not relieve the Supplier of any liabilities or

obligations under the terms of this Contract.

21. CONFLICT OF INTEREST

Neither the Supplier nor its agents or its personnel shall engage either directly or indirectly, in any

business or professional activities in the Republic of Trinidad and Tobago which would conflict with the

activities assigned to it under this agreement.



22. SETTLEMENT OF DISPUTES

22.1 Amicable Settlement

The parties shall use their best efforts to settle amicably all disputes arising out of or in connection

with this Agreement or the interpretation thereof.

22.2 Mediation

Any dispute between the Parties as to matters arising pursuant to this agreement which cannot be

settled amicably within thirty (30) days after receipt by one Part of the other Party’s request for such

amicable settlement shall be submitted to Mediation proceedings in accordance with the Mediation

Act No. 8 of 2004 of the Republic of Trinidad and Tobago or any statutory modifications/s thereof

for the time being in force.

22.3 Right to Arbitration

Any dispute between the Parties as to matters arising pursuant to this agreement which cannot be

settled by Mediation within thirty (30) days after the initiation of such proceedings may be submitted

by either Part to arbitration in accordance with the provisions of the Arbitration Act of the Republic

of Trinidad and Tobago Chapter 5:01 or any statutory modification/s thereof for the time being in

force.

23. GOOD FAITH

The Supplier and The University undertake to act in good faith with respect to each other’s rights

under this agreement and to adopt all reasonable measures to ensure the realization of the

objectives of this agreement.

24. GOVERNING LAW

This Agreement shall be governed by the Laws of Trinidad and Tobago.



IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the

laws of Trinidad and Tobago the day and year first above written.

Signed and Delivered: For and on behalf of The University of the West Indies St. Augustine “The Client” By: ……………………………………… …………………………………………

RICHARD SAUNDERS PATRICIA JOY HARRISON Campus Registrar Campus Bursar

In the presence of: Name: ……………………………………….. Name: ………………………………….……. Designation: …………………………….… Designation: …………………………...…… Address: ………………………………….…. Address: …………………………….………. Signed and Delivered: Supplier’s Name & Address

“The Supplier”

By:………………………………………….. ………………………………………… Name of Company’s Representative Signature (BLOCK LETTERS) ……………………………………………. Position COMPANY STAMP In the presence of: Name: …………………………………….. Address: …………………………….. ACCOUNT CHARGEABLE: …………………………. /jga

8.0 CONTRACTOR’S SAFETY REQUIREMENTS


8.0 Contractor’s Safety Requirements 8.1 General Requirements The contractor is responsible for ensuring that all job site safety requirements are met, and

the relevant safety procedures followed. The contractor is also responsible for the continuous survey of his operations, so that all probable causes of injury and accidents are eliminated or controlled. All equipment, tools and facilities used must be inspected and maintained as required by manufacturer’s specifications, and applicable safety and health regulations.

The University shall have the right to stop work whenever safety violations classified as

immediately dangerous to life or death is observed as well as those that could jeopardize the well-being of employees and other members of the public. The expense of any such work stoppage and resultant standby time shall be borne by the contractor.

Job Site Safety Requirements f Liaise with the Campus Safety Officer on all health and safety matters prior to

commencement of work as required. f Conduct regular safety meetings with employees including an initial safety awareness or

orientation session. f All personnel shall be so attired as to prevent injuries on the job. Torn garments and

slippers and other such attire will not be allowed. Employers must also provide and enforce usage of personal protective equipment as and where required.

f Copies of the Material Safety Data Sheets for all hazardous material used must be lodged

with the Campus Safety Officer. f Make proper provisions for on-site first aid and any other emergencies. f Conduct regular safety inspections of the work place and correct any unsafe practices and

conditions immediately. f Practice proper housekeeping at all times. f Ensure safe and secure work platform and/or fall protection for all personnel working on

heights above 6 feet with unprotected sides. f Make provisions for fire prevention and protection where there is a risk of a fire. f Report all unsafe acts, conditions, near misses and accidents to the Campus Safety

Officer within 24 hours.



f Ensure the safety of all persons in and around the work area by protecting them from the hazards that are present on the job. The work area must be cordoned off to prevent unauthorized entry. Provide proper warning signs and/or barricade where the job site poses possible dangers to the campus population.

f Establish and maintain communication with users of the work area and its surroundings at

all times so that they are aware of the dangers and inconveniences of the job. 8.2 Scaffolds and Platforms This standard covers safe practices that shall be followed in the erection and use of scaffolds.

All scaffolds shall be erected in conformance with OSHA 29 CFR 1926.451 AND 1910.28. These rules are not all inclusive and good judgment should be used to supplement but not displace these rules and to provide additional safety and precautionary measures to cover unusual conditions.

8.2.1 Scaffold Tag Procedures a. During scaffold erection, a red tag – DO NOT USE – SCAFFOLD BEING ERECTED OR

TORN DOWN must be attached on the scaffold in a readily visible area. Only scaffold erectors are allowed on the scaffold during the construction phase.

b. The green tag – SCAFFOLD SAFE FOR ALL CRAFT WORK – must be signed and dated

by the scaffold foreman and attached to the scaffold in a readily visible area prior to use of the scaffold.

c. The white tag – WORK COMPLETE – must be signed and attached to the scaffold in a

readily visible area by the craft supervisor once the work is completed in order to notify the scaffold erectors that the scaffold is ready to be dismantled.

d. The yellow tag – THIS SCAFFOLD DOES NOT MEET FEDERAL /STATE PSJA

SPECIFICATIONS – must be signed and attached to the scaffold in a readily visible area when circumstances or conditions prohibit the building of a scaffold in accordance with OSHA standards but he scaffold must be used to gain access to a work area.

e. The red tag – DO NOT USE – SCAFFOLD BEING ERECTED OR TORN DOWN – must be

attached on the scaffold in a readily visible area prior to any dismantling of the scaffold. Only scaffold erectors are allowed on the scaffold during the dismantling phase.

8.2.2 General

a. Scaffolds and platforms are to be erected, moved, altered and dismantled by competent and experienced personnel.

b. Inspect all equipment before using. If the equipment is damaged or deteriorated so that it cannot be safely used, it should be immediately removed from the job site.



c. Dismantle scaffolds as soon as the job is complete. The equipment shall be handled

carefully to minimize damage and should be returned to the appropriate storage area as soon as practical.

d. On scaffolds and platforms six (6) feet or more above the ground or floor, handrails,

mid-rails and toe-boards are to be installed on open sides and completely decked. 1. Guardrails shall be approximately 42 inches high, with a mid-rail. 21 inches high 2. Supports shall be at intervals not to exceed eight (8) feet. 3. Toe-boards shall be a minimum of four (4) inches in height.

4. All planking shall be scaffold grade or equivalent. e. Personnel must wear safety harnesses and lanyards on all scaffolding and platforms if

for some reason, a platform or scaffold cannot be equipped with standard handrails or completely decked, then safety harnesses must be properly tied off.

f. When scaffold heights exceed three times the smallest base dimension, it must be

secured to the building or structure at the second lift and every other lift thereafter. Running scaffold is to be anchored every thirty (30) feet horizontally at the heights established in the preceding sentence. “Outriggers” or guys may be used where it is impractical to secure scaffolds to a building or structure.

g. The footing or anchorage for scaffolds shall be sound, rigid and capable of supporting

four (4) times the maximum intended load without settling or displacement. Unstable objects such as barrels, boxes loose bricks or concrete blocks shall not be used to support scaffolds. 12” x 12” mud sills and base plates are recommended.

h. Scaffolds are to be capable of supporting at least four (4) times the maximum

intended load. i. The poles, legs or uprights of scaffolds shall be plumb and securely and rigidly braced

to prevent swaying and displacement. j. Do not stack brick, tile, block or similar material higher than 24” on the scaffold deck. k. An access ladder shall be provided and securely attached to the scaffold and shall

extend a minimum of three (3) feet above the landing. l. Overhead protection shall be provided for men on a scaffold exposed to overhead

hazards.



m. All scaffolding shall be dismantled and removed upon completion of the work or as directed.

n. Tools, materials and debris shall not be allowed to collect on scaffolds. Do not

overload scaffolds. o. Material being hoisted onto a scaffold shall have a tag line to keep load from striking

the side of the scaffold. p. A minimum of eight feet shall be provided from any point of scaffold or above scaffold

to nearest electrical line up to 2400 volts. This clearance shall be increased to twelve feet for 13.8 kva lines.

q. If employees are working at the base of a scaffold and there is any possibility of

objects falling off the scaffold, a screen shall be installed (18 gauge ½ inch wire mesh or equivalent) extending from top rail to the toe-board.

r. Specialty scaffolds should be designed by a registered professional engineer

competent in this field and approved by Engineers and Constructors Site Management prior to erection and use.

8.2.3 Metal Panel Type Scaffolds a. Before erecting the scaffold, inspect all components to be sure they are in good

condition and of proper rating for the job. Although maximum safe uniform loads vary for each type of metal panel type scaffold, a maximum safe uniform loading of 50 pounds per square foot can be safely used for all types.

b. Provide firm footing under each let. If scaffolding is not located on concrete slab, use

base plates under each leg. If the ground is unstable, install continuous sills extending under both legs of each panel. The base plates should be nailed to the sills to prevent plates from slipping off the sills.

c. Use screw jacks to adjust to uneven grade conditions. Do not use blocks. Note that

these jacks are for leveling - they are not to be used for extending the height of the scaffold.

d. Plumb, square and level scaffold as erection proceeds. Do not force frame to fit: level

scaffold until fit can be made easily. e. Cross braces, pinned at the center, are required on both sides of each bay. Horizontal

diagonal braces are required at top of second frame and at every second frame thereafter, until desired height is reached. Frames should be locked together by inserting pins through holes drilled in the coupling pins.

f. Running scaffolds shall be anchored every 30 feet in length and 26 feet in height.



g. Free-standing scaffolds 30 feet and higher must be guyed at 30-foot intervals. 8.2.4 Rolling Scaffolds a. The platform height must not exceed four times the smallest base dimension. b. Install horizontal diagonal braces at bottom of first frame and top of every second

frame thereafter. c. All wheels are to be locked while employees are on a rolling scaffold. d. No one is to ride on a scaffold that is being moved. e. Rolling scaffolds are to be used only on level, smooth surfaces, or the wheels must be

contained in wood or channel iron runners. f. All castors used with scaffolding shall be rubber tired and provided with a positive

locking device to hold the scaffold in position. g. Adjusting screws shall be installed only between the base plate and vertical frame

sections. They shall never be used together with castors. Adjusting screws shall not be extended more than twelve (12) inches.

h. On all rolling scaffolds a horizontal diagonal brace shall be installed as close to the base

of the scaffold as possible. 8.2.5 Scaffolding Planking a. All scaffold planking will be scaffold grade or equivalent. b. Under no circumstances will less than two boards be used for a walkway or working

platform. 1. Scaffold planks are to be painted twelve (12) inches on each to denote use for

scaffold decking only. 2. Scaffold planks are not to extend over their end supports more than twelve (12)

inches or less than six (6) inches (except cleated boards). 3. All planking on platforms shall be overlapped a minimum of twelve (12) inches or

secured from movement. 4. Do not use cleated boards with cleats turned up for planking.



8.2.6 Suspended Scaffolds a. Safety harnesses are required and are to be tied to a structure, other than the scaffold,

or to a life line having a minimum breaking strength of 5400 lbs. b. Wire or fiber rope used for scaffold suspension shall be capable of supporting

at least six (6) times the intended load. c. Scaffolding shall be removed according to construction requirements when work has

been completed. 8.2.7 Tube and Coupler Scaffolds a. All tube and coupler scaffolds used shall be heavy duty type with all posts, runners and

bracing of nominal 2 inch O.D. steel tubing. b. Posts shall be spaced not more than 6’6” apart c. Other structural metals when used must be designed to carry an equivalent load. d. Tube and coupler scaffolds shall be limited in height and working levels to those

permitted in 29 CFR 1926.451 e. Drawings and specifications of all tube and coupler scaffolds above the limitations as

described in 29 CFR 1926.451 shall be designed by a qualified engineer competent in this field.

f. All tube and coupler scaffolds shall be constructed and erected to support four times

the maximum intended load or as set forth in the specification by a licensed professional engineer competent in this field.

g. Posts shall be accurately spaced, erected on suitable bases and maintained plumb. h. Runners shall be erected along the length of the scaffold, located on both the inside

and outside posts at even height. 1. Runners shall be interlocked to the inside and outside posts at even heights. 2. Runners shall be interlocked to form continuous lengths and coupled to each

post. The bottom runners shall be located as close to the base as possible. 3. Runners shall be placed not more than 6’6” on centers. i. Bearers shall be installed transversely between the posts and shall be securely coupled

to the posts bearing on the runner coupler. When coupled directly to the runners, the coupler must be kept as close to the posts as possible.



j. Bearers shall be at least 4 inches but not more than 12 inches longer than the post spacing or runner spacing.

k. Cross bracing shall be installed across the width of the scaffold at least every third set of posts horizontally and every fourth runner vertically. Such bracing shall extend diagonally from the inner and outer runners upward to the next outer and inner runners.

l. Longitudinal diagonal bracing on the inner and outer rows of poles shall be installed

at approximately a 45 degree angle from near the base of the first outer post upward to the extreme top of the scaffold.

1. Where the longitudinal length of the scaffold permits, such bracing shall be

duplicated beginning at every fifth post. 2. In a similar manner, longitudinal bracing shall also be installed from the last post

extending back and upward toward the first post. 3. Where conditions preclude the attachment of this bracing to the posts, it maybe

attached to the runners. m. The entire scaffold shall be tied to and securely braced against the building at intervals

not to exceed 30 feet horizontal and 26 feet vertically. n. Guardrails and toe-boards shall be installed in conformance to standards outlined

above 8.3 Ladders This section gives the requirements of selection, proper use, inspection and maintenance of

portable ladders. It is intended to be a general statement of good practice that applies under normal circumstances. All ladders used on the project shall be in conformance with applicable standards and regulations.

8.3.1 Ladders Requirements a. Fiberglass is the preferred material, but ladders made of wood or aluminum are

acceptable for some work. b. All manufactured portable wooden ladders used will be heavy duty, Type 1

construction which meets OSHA 29 CFR 1910.25 requirements for industrial ladders, 29 CFR 1926.450 requirements for ladders and ANSI - A14.1 - 1968 Safety Code for Portable Wood Ladders.

c. Project made ladders shall be fabricated in compliance with OSHA 29 CFR 1926.1053



d. The general rules applying to the use of manufactured ladders also apply to the use of

job made ladders. e. Tripod ladders (ladders with three legs) are prohibited on the project. All ladders shall

have four supporting rails or legs. f. Wooden stepladders shall not exceed 20 feet in height. 8.3.2 Work Practices a. General 1. Always use non-conductive ladders when working on or near electrical

installations or near exposed electrical circuits. The use of metal ladders however is prohibited.

2. Portable ladders must extend 36” above the landing. When this is not practical,

grab rails shall be installed. All ladders in use shall be tied, blocked or otherwise secured to prevent accidental displacement.

3. All portable ladders shall be equipped with non-skid safety feet and shall be

placed on a stable base. The access areas at the top and bottom of ladders in use shall be kept clear obstructions.

4. Ladders with broken or missing rungs, broken or split side rails, or otherwise

damaged, shall not be used and shall be removed from the project. 5. Portable ladders must be long enough to reach the intended work location. The

user must not stand above the third rung from the top of straight or extension ladders, or the second thread from the top of stepladders.

6. Ladders shall not be placed on boxes, barrels or other unstable bases to obtain

additional height. 7. Wooden ladders shall not be painted. b. Straight and Extension ladders 1. Extension ladders must not be taken apart in order to use the two sections

separately. 2. The bottom of the straight or extension ladder must be placed with its feet

approximately ¼ the ladder length away from the wall or object that is supporting the top of the ladder. Both feet must rest on a solid, level surface.



3. When using a straight or extension ladder, both rails must be placed against a

surface, which is capable of supporting the applied load. Do not support the ladder on the top rung.

4. The top of all straight and extension ladders must be secured with rope, chain or

heavy gage wire to prevent the ladders from slipping. Someone must hold the base of the ladder if tie-off is not possible, or until tie-off is made.

c. Step Ladders 1. Never fold or use step ladders as straight ladders. 2. Step ladders must be fully opened, spreaders locked and placed so all four feet

are level. 3. Step ladders over 6’ in length should be tied off at the top. d. Climbing on Ladders 1. Only one person is allowed on a ladder at a time, except stepladders which have

been designed for both sides to be used. 2. Use both hands for support while climbing ladders. Tools and other objects must

be carried on a tool belt or pulled up using a rope. 3. Always face the ladder when climbing up or down. 4. Get off ladder to move them. Never “walk” a ladder. 5. When reaching from a ladder to do work, always keep the trunk of your body

between the ladder rails. 6. When a ladder is used to gain access to an elevated structure such as a roof, the

top of the ladder must extend at least three feet above the point of support (roof edge, pipe, etc.).

7. Barricade or guard ladders against being bumped when placed in aisles, walkways, and roads or at a doorway.

e. Ladder Inspections 1. Ladders shall be identified by number and company so that ownership may be

easily established.



2. Ladders shall be inspected at least quarterly and after any occurrence that could

affect their safe use by a competent person. A written record is to be kept of these inspections.

f. Pre-Use Inspection Each time a ladder is used, it should be inspected for the defects listed. Ladders with

defects, which cannot be immediately corrected, shall be removed from service and tagged DANGER – DO NOT USE until repaired or replaced.

Defect STG. EXT. STEP Loose steps or rungs X X X Damaged or slippery steps or rungs X X X Cracked, split, bent or broken side rails X X X Loose screws, nuts, bolts, rods X X X Loose, damaged, missing shoes or anti-slip bases X X X Loose, missing or defective extension locks X Frayed or missing pull rope X Loose and/or bent spreaders and outriggers X Defective spreader locks X Loose hinges X Loose or missing truss blocks or steel reinforcing rods X g. Maintenance Ladders, which have loose parts needing tightening or defective parts, which can be

replaced, may be repaired. Ladders with broken or bent side rails or damaged steps must be discarded.

Handrails, Railings and Toe Boards 1. Purpose



To provide construction personnel with minimum safety requirements for

temporary handrails, railings and toe boards. 2. Definitions a. Standard Handrail - Should consist of the following: 1. Smooth-surfaces top rail, 42 inches high 2. Mid-rail located halfway between top rail and platform 3. Vertical supports on 8 foot centres. 4. Handrails shall be capable of withstanding at least 200 pounds of force

applied in any direction. b. Standard Toe Board 1. Shall be a minimum of 4 inches high. The purpose of the toe board is

to prevent material from being kicked off the scaffold. c. Standard stair railing should consist of the following: 1. Railings should be constructed 1-1/2 inch (inside diameter) pipe. 2. All handrails should be provided with a clearance of approximately 3

inches between the handrail and any other object. 3. Vertical supports should be on 8-foot centres. 4. Handrails should not be more than 34 inches or less than 30 inches

from upper surface of handrail to upper surface of stair thread. 5. If the stairway is less than 88 inches wide, a handrail is needed on each

side. 6. If the stairway is over 88 inches wide, then an intermediate railing is

needed halfway between the two outside railings.

8.3.3 General a. Tubular scaffolds, mobile scaffolds, suspended scaffolds:



1. “Standard Handrails” are required on all scaffolds over 6’ high. 2. “Standard Toe Boards” is also required if persons can pass, or there is moving

machinery below the scaffold. b. Stairways: 1. On all structures two or more floors (twenty feet or over) in height, stairways,

ramps or ladders shall be provided for employees. 2. Every flight of stairs having four or more risers shall be equipped with standard

stair railings. 8.3.4 Miscellaneous Requirements a. Standard handrails and toe boards will be provided on the following: 1. Walkovers, crossing trenches. 2. Around floor openings, not otherwise securely covered or protected. 3. Around perimeter of all open floors above the first floor of any building structure

after removal of peripheral cable. 4. Cages designed to lift personnel. 8.4 Fall Protection Equipment 8.4.1 Scope This standard defines the safety requirements for personal fall protection where access,

movement or work is to take place at elevations and where proper temporary or permanent facilities do not exist. Procedures, techniques and personal protective equipment designed to limit a free fall to six feet and to minimize potential injury are covered. Consultation in fall protection is available from the Campus Safety Officer.

8.4.2 Worker Requirements a. A full body harness and shock-absorbing lanyard are required when working at an

elevation of six feet or more above grade or floor level except when proper facilities exist. This includes working in motorized lifts, crane suspended baskets or on portable ladders.

8.4.3 Safety Harness



Personal fall protection equipment shall consist of the following: a. A polyester full body harness. A full body harness is required to properly distribute forces to minimize injury to the

body in the event of a fall. The harness must be made of polyester in order to resist damage by contact with chemicals present in the plant.

b. A polyester lanyard, maximum of six feet in length. The lanyard must be able to support a minimum of 5,400 pounds and include a shock-

absorbing device. The lanyard shall be equipped with snap hooks at each end. The snap hooks are to be of double locking design to prevent accidental disengagement.

8.4.4 An Anchor Point The anchor point is the tie-off connection device to which the free end of the harness lanyard

is attached. It may be either a pre-engineered device such as an installed eyebolt, slide rail or cable arrangement or existing structure/pipe. Pre-engineered anchor points must be designed to safely support a minimum of 5,400 pounds per worker. Non-engineered anchor points must be capable of safely supporting six times the total body weight.

8.4.5 Inspection of Personal Fall Protection Equipment Each employee will visually inspect his harness and lanyard prior to each use. In the event that

an employee feels at any time that the equipment he is using is defective, he should immediately contact his foreman.

If defective conditions are found as described in the following, the unit is to be removed from

service immediately. a. Webbing Harnesses and lanyards are inspected by beginning at one end and bending a portion

(6 inches - 8 inches) into a U-shape between the hands. This helps to reveal worn, cut, frayed, burned or damaged fibers. Check both sides and all straps along the entire length. Carefully check the webbing where attached to buckles and “D” rings for excessive wear, cut our torn fibers or other visible damage. Observe the shock absorbing section of lanyard under the clear sheath.

b. Buckles and “D” Rings Check for rough or sharp edges, corrosion, burrs, cracks, dents or distortion. All

portions of the buckle should be straight. If a buckle is designed with a tongue, the



tongue should easily move back and forth and should overlap the frame. Any moving parts should move freely within the frame.

c. Snap Hooks All snap hooks must operate smoothly and open/close completely. Check the snap

hook body for sharp edges, burrs, distortion, cracks, corroded or pitted surfaces. Rivets should be checked for cracks, broken or bent conditions. Gate locking keepers should be free from distortion or bending and seat properly against the snap hook nose and body. The gatekeeper spring should have sufficient tension to close firmly.

d. Labels Labels must be on each piece of equipment; they must be easy to read. 8.4.6 Maintenance of Personal Fall Protection Equipment a. Cleaning If harnesses need to be cleaned, they may be wiped with a wet sponge then washed

with a soapy sponge using a brisk back and forth motion. Rinse completely with clear water and hand to air dry away from exposure to high heat, steam or long durations of sunlight.

b. Storage Harnesses should be hung or placed loosely in a container in a clean, dry area free from

exposure to harmful fumes or corrosive agents. c. Work Practices 1. Persons who are performing work in unguarded areas and exposed to a potential

fall six (6) feet or more shall utilize fall protection equipment. 2. Climbing to reach an elevated position should be a list resort only when approved

ladders, motorized lifts or scaffolds are not practical or available. Test footing and support conditions before progressing.

3. Climbing should be avoided under wet or slippery conditions. 4. Harnesses and lanyards must be visually inspected before each use and adjusted

for proper fit. 5. Do not climb while holding tools or other materials. 6. Access to an elevated position should be as close as possible to the work area.



7. Climbing on equipment such as pumps, exchangers, valve handwheels, handrails

or other facilities not specifically designed for climbing should be avoided. 8. To prevent snagging the end of the lanyard, do not drag the lanyard. 9. Choose an anchor point where attachment and detachment can be made without

causing loss of balance or body position that would increase risk of fall 10. Attach lanyards to the best available anchor point. DO NOT attach to conduit,

small pipe or other such insubstantial points that may not be capable of supporting the load of a fall.

11. Anchor points should be at least waist high and preferably overhead to reduce

fall distance. 12. Anchor points must be free to sharp edges to avoid cutting the lanyard. 13. Any lifeline, safety harness or lanyard actually subjected to in-service loading, as

distinguished from static load testing, shall be immediately removed from service and shall not be used again for employee safeguarding.

14. In situations where a fall could result in impalement, fall protection equipment

shall be utilized regardless of the potential falling distance. 15. Vertical impaling objects such as rebar shall have the ends capped with an article

such as a block of 2 inch and 4 inch piece of wood, rebar cap, or other items which adequately covers the impaling end of the object.

16. Personnel travelling from one location to another in elevated positions shall

utilize auxiliary fall protection equipment such as static lines and perimeter guards.

17. Access ways, such as ladder, shall be provided for personnel who must perform

work in elevated areas. 18. Persons who are noted not utilizing fall protection equipment will be asked to

leave the site.


CHECKLIST

THE SUPPLY, DELIVERY, INSTALLATION, COMMISSIONING + SERVICING OF A NEAR INFRARED REFLECTANCE (NIR) SPECTROMETER FOR THE COCOA RESEARCH CENTRE (CRC),

THE UNIVERSITY OF THE WEST INDIES, ST AUGUSTINE CAMPUS THE UNIVERSITY OF THE WEST INDIES, ST. AUGUSTINE ( IFT# P–03–2015)

Please tick the box against each item below to indicate that it has been completed, checked and included in your Tender package. One (1) original and two (2) copies of your tender package are to be submitted. Please note that this form is to be signed, dated and returned with your Tender package.

No. ITEM COMPLETED 9 1. Cover Letter to The Project Manager, CPO

2. Completed Form of Tender & Appendix to Form of Tender (signed and stamped)

3. Supplier prepared Bill of Quantities

4. Project Schedule

5. Photocopy of Income Tax Clearance Certificate (not more than 6 months old)

6. Photocopy of V.A.T. Clearance Certificate (not more than 6 months old)

7. Photocopy of N.I.S. Registration Certificate (not more than 6 months old)

8. All Equipment Specifications sheets/Catalog/Brochures Name (BLOCK LETTERS): Signature: Date:

INVITATION FOR TENDER - Infrared Equip...NIR Spectrometer – UWI. Cocoa Research Centre IFT#...

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