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Transcript of Section 04 51

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    Section 4. General Conditions of Contract

    A. General

    1. Definitions 1.1 The following words and expressions shall have the meaninghereby assigned to them. Boldface type is used to identify thedefined terms:

    (a) The Adjudicator is the person appointedointly by the !mployer and the "ontractor to resolvedisputes in the first instance# as provided for in $"" %ub&"lause '..

    (b) Bill of Quantities means the priced andcompleted Bill of uantities forming part of the Tender.

    (c) Compensation Eventsare those defined in

    $"" "lause *+.

    (d) Completion Certificate means the"ertificate issued by the !ngineer as evidence that the"ontractor has executed the ,or-s in all respects as perdrawing# specifications and "onditions of "ontract.

    (e) The Completion Date is the date ofcompletion of the ,or-s as certified by the !ngineer# inaccordance with $"" "lause +.

    (f) Contract Agreement means the/greement entered into between the !mployer and the

    "ontractor# together with the "ontract Documents referred totherein# including all attachments# appendices# and alldocuments incorporated by reference therein to execute#complete# and maintain the ,or-s.

    (g) Contract Documents means thedocuments listed in $"" "lause 0# including anyamendments thereto.

    (h) Contractor means the natural person#private or government enterprise# or a combination of theabove# whose Tender to carry out the ,or-s has beenaccepted by the !mployer and is named as such in the ""

    and the "ontract /greement# and includes the legalsuccessors or permitted assigns of the "ontractor.

    (i) Contract Pricemeans the price payable tothe "ontractor as specified in the "ontract /greement#subect to such additions and adustments thereto ordeductions therefrom# for the execution# completion andmaintenance of the ,or-s in accordance with the provisionsof the "ontract.

    () The Contractors ender is the completedTender Document including the priced offer submitted by the"ontractor to the !mployer.

    (-) Da! means calendar day.

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    (l) Da! "or#sare varied wor- inputs subect topayment on a time basis for the "ontractor2s employees and!3uipment# in addition to payments for associated 4aterialsand lant.

    (m) / Defectis any part of the ,or-s not completedin accordance with the "ontract.

    (n) The Defects Correction Certificate is thecertificate issued by !ngineer upon correction of defects by the"ontractor.

    (o) The Defects $ia%ilit! Period is the periodnamed in the "" and calculated from the "ompletion Date.

    (p) Dra"ings include calculations and otherinformation provided in %ection 5 or approved by the !ngineer forthe execution and completion of the "ontract.

    (3) The Emplo!er is the party named in the ""who employs the "ontractor to carry out the ,or-s.

    (r) The Engineeris the person named in the ""(or any other competent person appointed by the !mployer andnotified to the "ontractor) who is responsible for supervising theexecution and completion of the ,or-s and administering the"ontract.

    (s) Consultant means 4essrs %haheedullah and/ssociates 6td. 17# 8ahanara $arden# $reen 9oad# Dha-a&10in this roect.

    (t) E&uipment is the "ontractor2s machinery and

    vehicles brought temporarily to the %ite to construct the ,or-s.(u) GCCmean the $eneral "onditions of "ontract.

    (v) Government means the $overnment of theeople2s 9epublic of Bangladesh.

    (w) The 'nitial Contract Priceis the "ontract ricelisted in the !mployer2s ;otification of /ward.

    (x) The 'ntended Completion Date is the datespecified in the "" on which the "ontractor shall complete the,or-s and may be revised if extension of time or an accelerationorder is issued by the !ngineer.

    (y) (aterials are all supplies# includingconsumables# used by the "ontractor for incorporation in the,or-s.

    (

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    ,or-s included in the "ontract and any modification or additionmade or approved by the !ngineer.

    (ae) The Start Dateis the date given in the "" andit is the latest date when the "ontractor shall commence executionof the ,or-s. =t does not necessarily coincide with any of the %ite

    ossession Dates.

    (af) Su%contractormeans any natural person#private or

    $overnment entity# or a combination of the above# includingits legal successors or permitted assigns# who has a "ontractwith the "ontractor to carry out a part of the wor- in the "ontract#which includes wor- on the %ite.

    (ag) emporar! +or#s are wor-s designed#constructed# installed# and removed by the "ontractor thatare needed for construction or installation of the ,or-s.

    (ah) / ,ariation is an instruction given by the!ngineer that varies the ,or-s.

    (ai) The +or#sare what the "ontract re3uiresthe "ontractor to construct# install# and hand over to the!mployer# as defined in the "".

    (a) +riting means any hand&written# type&written# or printed communication including telex# cable andfacsimile transmission.

    . "ontractDocuments

    .1 %ubect to the order of precedence set forth in $"" %ub&"lause0.1# all documents forming the "ontract (and all parts thereof) areintended to be correlative# complementary# and mutuallyexplanatory.

    7. "orrupt#>raudulent#"ollusive or"oerciveractices

    7.1 The $overnment re3uires that !mployers# as well as "ontractorsshall observe the highest standard of ethics during theimplementation of procurement proceedings and the execution of"ontracts under public funds.

    7. =n pursuance of this re3uirement# the !mployer shall

    (a) exclude the "ontractor from participation in the procurementproceedings concerned or reect a proposal for award? and

    (b) declare a "ontractor ineligible# either indefinitely or for astated period of time# from participation in procurementproceedings under public fund?

    if it at any time determines that the "ontractor has engaged incorrupt# fraudulent# collusive or coercive practices in competingfor# or in executing# a "ontract under public fund.

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    7.7 %hould any corrupt# fraudulent# collusive or coercive practice of any-ind referred to in $"" %ub&"lause 7.+ come to the -nowledgeof the !mployer# it shall# in the first place# allow the "ontractor toprovide an explanation and shall# ta-e actions as stated in $""%ub&"lause 7. only when a satisfactory explanation is not

    received. %uch exclusion and the reasons thereof# shall berecorded in the record of the procurement proceedings andpromptly communicated to the "ontractor concerned. /nycommunications between the "ontractor and the !mployerrelated to matters of alleged corrupt# fraudulent# collusive orcoercive practices shall be in writing.

    7.+ The $overnment defines# for the purposes of this provision# theterms set forth below as follows:

    (a) @corrupt practiceA means offering# giving# orpromising to give# directly or indirectly# to any officer or

    employee of a rocuring !ntity or other governmentalprivateauthority or individual a gratuity in any form# an employmentor any other thing or service of value# as an inducement withrespect to an act or decision of# or method followed by# arocuring !ntity in connection with the procurementproceeding?

    (b) @fraudulent practiceA means a misrepresentationor omission of facts in order to influence a procurementproceedings or the execution of a "ontract to the detrimentof the !mployer#

    (c) @collusive practiceA means a scheme or

    arrangement among two or more Tenderers with or withoutthe -nowledge of the !mployer (prior to or after proposalsubmission) designed to establish Tender prices at artificial#non&competitive levels and to deprive the !mployer of thebenefits of free# open andgenuine competition? and

    (d) @coercive practiceA means harming orthreatening to harm# directly or indirectly# persons or theirproperty to influence the procurement proceedings# or affectthe execution of a "ontract.

    7.0 The $overnment re3uires that the "lient2s personnel have an e3ualobligation not to solicit# as- for andor use coercive methods toobtain personal benefits in connection with the said proceedings.

    '. =nterpretation +.1 =n interpreting the $""# singular also means plural# male alsomeans female or neuter# and the other way around. Ceadings inthe $"" shall not be deemed part thereof or be ta-en intoconsideration in the interpretation or construance of the "ontract.,ords have their normal meaning under the language of the"ontract unless specifically defined.

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    +. !ntire /greement

    (a) The "ontract constitutes the entire agreement between the!mployer and the "ontractor and supersedes allcommunications# negotiations and agreements (whetherwritten or oral) of parties with respect thereto made prior to thedate of "ontract /greement.

    +.7 ;on&waiver

    (a) %ubect to $"" %ub&"lause +.7(b)# no relaxation#forbearance# delay# or indulgence by either party inenforcing any of the terms and conditions of the "ontractor the granting of time by either party to the other shallpreudice# affect# or restrict the rights of that party underthe "ontract# neither shall any waiver by either party of anybreach of "ontract operate as waiver of any subse3uent orcontinuing breach of "ontract.

    (b) /ny waiver of a party2s rights# powers# or remedies underthe "ontract must be in writing# dated# and signed by