Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698925944217.pdf (Saint Vincent and the Grenadines)
Request for Quotations of Small Works Construction of Ruminant Pens for the Ministry of Agriculture, Forestry, Fisheries, Rural Transformation, Industry and Labour.
Ref No: SVG-VEEP-W-RFQ-6 Project: Volcanic Eruption Emergency Project (VEEP) Client: Government of St. Vincent and the Grenadines c/o Economic Planning Division within the Ministry of Finance, Economic Planning and Information Technology Country: Saint Vincent and the Grenadines Issued: June 2023 Request for Quotations SVG-VEEP-W-RFQ- 6 To: Prospective Contractor Dear Prospective Contractor, Request for Quotation (RFQ) 1.
This RFQ is for the procurement of Works and the Related Services required under the VEEP.

2.

The Government of Saint Vincent and the Grenadines (GoSVG) has received financing from the World Bank toward the cost of the Volcanic Eruption Emergency Project (VEEP) and intends to apply part of the proceeds toward payments under the contract for procurement of Construction of Ruminant Pens for the Ministry of Agriculture, Forestry, Fisheries, Rural Transformation, Industry and Labour 3.
To be eligible to bid you must have experience as a prime contractor in the construction of at least one work of the nature and complexity equivalent to the works included in this RFQ, over the last three years and provide evidence of financial resources to successfully complete the works.

4.

Contractors shall submit the following documents as part of their bid submission: I.

The priced Bills of Quantities II.

Draft Work Schedule based on the given Completion time III.
Methodology for executing the works including required Environmental, Social, Health and Safety Plans/Measures that will be implemented by the contractor.

IV.

Completed “Letter of Acceptance of the World Bank’s Anticorruption Guidelines and Sanctions Framework” V. Completed Form of Quotation VI.

Completed Code of Conduct for Contractor’s Personnel Form.

VII.

Documents evidencing contractor’s Personnel Form.


The Economic Planning Division, within the Ministry of Finance, Economic Planning 5. and Information Technology now invites quotations from contractors for the Works and the Related Services, described in Annex 1.3: Bills of Quantities and Drawings attached to this RFQ.
Fraud and Corruption The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its 6. prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in the attachment to the Contract Conditions (Attachment A).

7.
7.

In further pursuance of this policy, Contractors shall permit and shall cause their agents (where declared or not), subcontractors and personnel, to permit the Bank to inspect all accounts, records and other documents relating to the RFQ and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.
Eligible Contractors In case the Contractor is a joint venture (JV), all members shall be jointly and severally 8. liable for the execution of the entire Contract in accordance with the Contract terms.

The JV shall nominate a representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Request for Quotations process and, in the event the JV is awarded the Contract, during contract execution.
A Contractor may have the nationality of any country, subject to the restrictions pursuant 9. to para.

9 and 10 hereinafter.

A Contractor shall be deemed to have the nationality of a country if the Contractor is constituted, incorporated or registered in, and operates in conformity with, the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be.
This criterion also shall apply to the determination of the nationality of proposed subcontractors (or subconsultants) for any part of the Contract including Related Services.

10.

Firms and individuals may be ineligible if so indicated in para.
10 below and: a) as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of Goods or the contracting of works or services required; or b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s country prohibits any import of Goods or contracting of works or services from that country, or any payments to any country, person, or entity in that country.
In reference to paras.

6 and 8, for the information of contractors, at the present time firms, 11. goods and services from the following countries are excluded from this procurement process: a) Under para.

6 and 9 (a): none b) Under para.

6 and 9 (b): none 12.
A Contractor that has been sanctioned by the Bank, pursuant to the Bank’s Anti-Corruption Guidelines, in accordance with its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework as described in the attachment to the Contract Conditions (Attachment A) paragraph 2.2 d., shall be ineligible to submit Quotations or be awarded or otherwise benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined.
A list of debarred firms and individuals is available on the Bank’s external website: http://www.worldbank.org/debarr.

Contractors that are state-owned enterprises or institutions in the Purchaser’s country may 13. be eligible to compete and be awarded a Contract(s) only if they can establish, in a manner acceptable to the Bank, that they: a) are legally and financially autonomous; b) operate under commercial law; and c) are not under supervision of the Purchaser.
A Contractor shall not have a conflict of interest.

Any Contractor found to have a conflict 14. of interest shall be disqualified.
A Contractor may be considered to have a conflict of interest for the purpose of this Request for Quotations process, if the Contractor: a) directly or indirectly controls, is controlled by or is under common control with another Contractor that submitted a Quotation; b) receives or has received any direct or indirect subsidy from another Contractor that submitted a Quotation; c) has the same legal representative as another Contractor that submitted a Quotation; d) has a relationship with another Contractor that submitted a Quotation, directly or through common third parties, that puts it in a position to influence the Quotation of another Supplier, or influence the decisions of the Purchaser regarding this Request for Quotations process; or e) or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the Works, or Related Services, that are the subject of the Request for Quotations process; or f) or any of its affiliates has been hired (or is proposed to be hired) by the Purchaser or Borrower for implementing the Contract; or g) would be providing Goods, works, or non-consulting services resulting from, or directly related to consulting services for the preparation or implementation of the project specified in this Request for Quotations, that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or h) has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the Request for Quotations or specifications and/or the evaluation of Quotations, of the subject Contract; or (ii) would be involved in the implementation or supervision of such Contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the Request for Quotations process and execution of the Contract.
Performance Security The successful Supplier shall submit all Securities and Insurances in accordance with the 15.

Contract Conditions.

Validity of offers 16.

The offers shall be valid until ninety (90) days after bid submission.

Quoted Price 17. a.
Quoted Price 17. a.

Prices shall be quoted in the following manner: For Works to be executed within the Purchaser’s Country: i.the unit price of each item included in the Bills of Quantity and any other related schedule shall include for all overheads, profit and any other associated costs including all customs duties and sales and other taxes already paid or payable on the components and raw material used in the Works; 18. to the currency of the Purchaser’s Country (for any local costs as applicable).
The Contractor may not quote its price in a foreign currency of its choice in addition Clarifications 19.

Any clarification request regarding this RFQ may be sent in writing to Office of the Director of Economic Planning Division, Attn: Mr. Recardo Frederick @ cenplan@svgcpd.com, rjohn@svgcpd.com, mglynn@svgcpd.com, ctoby@svgcpd.com, nstewart@svgcd.com, ssamuel@svgcpd.com four (4) business days prior to submission date.
The purchaser will forward copies of its response to all Contractors including a description of the inquiry but without identifying its source.

Submission of Quotations Quotations are to be submitted sealed in a single envelope, clearly marked with the 20.

Reference above, the name of the Bidder and Implementing Agency.

The deadline for submission of Quotations is July 7th, 2023, 2:00 p.m. 21.
The address for submission of Quotations is: Attention: Mr. Recardo Frederick, Director of Economic Planning E-mail address: cenplan@svgcpd.com, rjohn@svgcpd.com, ctoby@svgcpd.com mglynn@svgcpd.com, nstewart@svgcd.com, ssamuel@svgcpd.com Opening of Quotations Quotations will be opened by the Purchaser’s representatives immediately after the 22. deadline for the submission of Quotations.

The opening will not be done publicly.

Evaluation of Quotations 23.


Quotations will be evaluated to ensure compliance with the requirements of the RFQ.

24.

The evaluation shall be of the contractor’s methodology, work schedule, completion of all required forms, evaluation of the contractor’s evidence of financial resources available to perform the works, and evaluation of the contractor’s evidence of previous completed work of similar nature.

25.
25.

Any contractor determined to be qualified and capable (eligible) to perform the works based on the evaluation criteria in line 24 above, their bid price is evaluated.

The lowest evaluated price will be determined after correcting any arithmetic errors and other specified adjustments, if any.

Quotation will be evaluated for the whole lot/package under this RFQ.

If a Price Schedule 26. shows items listed but not priced, their prices shall be assumed to be included in the prices of other items.
An item not listed in the Price Schedule shall be assumed not included in the Quotation, and provided that the Quotation is substantially responsive, the average of the item price as quoted by substantially responsive Contractors will be added to the Quoted Price and the equivalent total price of the Quotation so determined will be used for price comparison.

For evaluation and comparison purposes, the currency(ies) of the Quotations shall be 27. converted into a single currency.
The currency that shall be used for comparison purposes to convert at the selling exchange rate offered prices expressed in various currencies into a single currency is: Eastern Caribbean Dollars (ECD).

The source of exchange rate shall be Bank of Saint Vincent and the Grenadines (Bogs).

The date for the exchange rate shall be: date of submission of bid Contract Award 28.
The Contract will be awarded to the Contractor who: a. b. c. d. is eligible; offers the lowest evaluated price/s, determined to be responsive, and guarantees delivery, in accordance with the delivery period/s.

The contract shall be subject to the General Conditions of Contract for Works as attached.

The Employer shall invite by the quickest means, e-mail, the successful Contractor for any 29. discussion/ negotiation that may be needed to conclude the contract or otherwise for contract signature.
Attachments Annex 1: Purchaser’s Requirements Annex 2: Code of Conduct (ES) Annex 3:Contract Forms ANNEX 1: Purchaser’s Requirements 1.
Bills of Quantities [contractor to price the excel document separately attached] 1.2 General Specifications (attached Separately) 1.3 Work Schedule [insert work schedule] 1.4 Site Organization [insert Site Organization information] 1.5 Method Statement [insert Method Statement] ANNEX 2: Code of Conduct for Contractor’s Personnel (ES) Form CODE OF CONDUCT FOR CONTRACTOR’S PERSONNEL We are the Contractor, [enter name of Contractor].
We have signed a contract with [enter name of Employer] for [enter description of the Works].

These Works will be carried out at [enter the Site and other locations where the Works will be carried out].

Our contract requires us to implement measures to address environmental and social risks related to the Works, including the risks of sexual exploitation, sexual abuse and sexual harassment.

This Code of Conduct is part of our measures to deal with environmental and social risks related to the Works.
Note to Bidder: The minimum content of the Code of Conduct form as set out by the employer shall not be substantially modified.

However, the Bidder may add requirements as appropriate, including to take into account Contract-specific issues/risks.

The bidder shall initial and submit the Code of Conduct form as part of its bid.

It applies to all our staff, laborers and other employees at the Works Site or other places where the Works are being carried out.
It also applies to the personnel of each subcontractor and any other personnel assisting us in the execution of the Works.

All such persons are referred to as “Contractor’s Personnel” and are subject to this Code of Conduct.

This Code of Conduct identifies the behavior that we require from all Contractor’s Personnel.
Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be tolerated and where all persons should feel comfortable raising issues or concerns without fear of retaliation.
REQUIRED CONDUCT Contractor’s Personnel shall: 1. carry out his/her duties competently and diligently; 2. comply with this Code of Conduct and all applicable laws, regulations and other requirements, including requirements to protect the health, safety and well-being of other Contractor’s Personnel and any other person; 3. maintain a safe working environment including by: 1. ensuring that workplaces, machinery, equipment and processes under each person’s control are safe and without risk to health; 2. wearing required personal protective equipment; 3. using appropriate measures relating to chemical, physical and biological substances and agents; and 4. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove himself/herself from a work situation which he/she reasonably believes presents an imminent and serious danger to his/her life or health; 5. treat other people with respect, and not discriminate against specific groups such as women, people with disabilities, migrant workers or children; 6. not engage in Sexual Harassment, which means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature with other Contractor’s or Employer’s Personnel; 7. not engage in Sexual Exploitation, which means any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another; 8. not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions; 9. not engage in any form of sexual activity with individuals under the age of 18, except in case of pre-existing marriage; 10. complete relevant training courses that will be provided related to the environmental and social aspects of the Contract, including on health and safety matters, and Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH); 11. report violations of this Code of Conduct; and 12. not retaliate against any person who reports violations of this Code of Conduct, whether to us or the Employer, or who makes use of the grievance mechanism for Contractor’s Personnel or the project’s Grievance Redress Mechanism.
RAISING CONCERNS If any person observes behavior that he/she believes may represent a violation of this Code of Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly.

This can be done in either of the following ways: 1.
Contact [enter name of the Contractor’s Social Expert with relevant experience in handling gender- based violence, or if such person is not required under the Contract, another individual designated by the Contractor to handle these matters] in writing at this address [ ] or by telephone at [ ] or in person at [ ]; or 2.

Call [ ] to reach the Contractor’s hotline (if any) and leave a message.

The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country law.
Anonymous complaints or allegations may also be submitted and will be given all due and appropriate consideration.

We take seriously all reports of possible misconduct and will investigate and take appropriate action.

We will provide warm referrals to service providers that may help support the person who experienced the alleged incident, as appropriate.

There will be no retaliation against any person who raises a concern in good faith about any behavior prohibited by this Code of Conduct.
Such retaliation would be a violation of this Code of Conduct.

CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT Any violation of this Code of Conduct by Contractor’s Personnel may result in serious consequences, up to and including termination and possible referral to legal authorities.

FOR CONTRACTOR’S PERSONNEL: I have received a copy of this Code of Conduct written in a language that I comprehend.
I understand that if I have any questions about this Code of Conduct, I can contact [enter name of Contractor’s contact person with relevant experience] requesting an explanation.
Name of Contractor’s Personnel: [insert name] Signature: __________________________________________________________ Date: (day month year): _______________________________________________ Countersignature of authorized representative of the Contractor: Signature: ________________________________________________________ Date: (day month year): ______________________________________________ ATTACHMENT 1: Behaviors constituting Sexual Exploitation and Abuse (SEA) and behaviors constituting Sexual Harassment (SH) ATTACHMENT 1 TO THE CODE OF CONDUCT FORM BEHAVIORS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE (SEA) AND BEHAVIORS CONSTITUTING SEXUAL HARASSMENT (SH) The following non-exhaustive list is intended to illustrate types of prohibited behaviors: 1.
Examples of sexual exploitation and abuse include, but are not limited to: • A Contractor’s Personnel tells a member of the community that he/she can get them jobs related to the work site (e.g.

cooking and cleaning) in exchange for sex.

• A Contractor’s Personnel that is connecting electricity input to households says that he can connect women headed households to the grid in exchange for sex.

• A Contractor’s Personnel rapes, or otherwise sexually assaults a member of the community.
• A Contractor’s Personnel denies a person access to the Site unless he/she performs a sexual favor.

• A Contractor’s Personnel tells a person applying for employment under the Contract that he/she will only hire him/her if he/she has sex with him/her.

2.

Examples of sexual harassment in a work context • Contractor’s Personnel comment on the appearance of another Contractor’s Personnel (either positive or negative) and sexual desirability.
• When a Contractor’s Personnel complains about comments made by another Contractor’s Personnel on his/her appearance, the other Contractor’s Personnel comment that he/she is “asking for it” because of how he/she dresses.

• Unwelcome touching of a Contractor’s or Employer’s Personnel by another Contractor’s Personnel.

• A Contractor’s Personnel tells another Contractor’s Personnel that he/she will get him/her a salary raise, or promotion if he/she sends him/her naked photographs of himself/herself.
ANNEX 3: Quotation Forms Supplier Quotation Form From: [Insert Supplier’s name] Contractor’s Representative: [Insert name of Supplier’s Representative] Title/Position: [Insert Representatives title or position] Address: Email: To: Purchaser’s Representative: Title/Position: Address : [Insert Supplier’s address] [Insert Supplier’s email address] Government of Saint Vincent and the Grenadines c/o Ministry of Finance, Economic Planning and Information Technology Recardo Frederick Director of Economic Planning 1st Floor, Administrative Building, Bay Street, Kingstown, St. Vincent and the Grenadines cenplan@svgcpd.com, mglynn@svgcpd.com, rjohn@svgcpd.com, ctoby@svgcpd.com, nstewart@svgcpd.com, ssamuel@svgcpd.com RFQ Ref No.
: Date of Quotation: SVG-VEEP-W-RFQ-6 [insert date] Dear Mr. Recardo Frederick, SUBMISSION OF QUOTATION 1.

Conformity and no reservations In response to the above named RFQ we offer to execute the Works, as per this Quotation and in conformity with the RFQ, Delivery and Completion Schedules and Technical Specifications.

We confirm that we have examined and have no reservations to the RFQ, including the Contract.

2.
2.

Eligibility We meet the eligibility requirements and have no conflict of interest, in accordance with the Request for Quotations.

3.
3.

Suspension and Debarment We, along with any of our subcontractors, suppliers, consultants, manufacturers, or service providers for any part of the contract, are not subject to, and not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the World Bank Group or a debarment imposed by the World Bank Group in accordance with the Agreement for Mutual Enforcement of Debarment Decisions between the World Bank and other development banks.
Further, we are not ineligible under the Purchaser’s Country laws or official regulations or pursuant to a decision of the United Nations Security Council.

4.

Quotation Price The total price of our offer is [insert the total price of the offer in words and figures, indicating the various amounts and the respective currencies].

5.

Quotation Validity Our Quotation shall be valid until the date specified in the RFQ, and it shall remain binding upon us and may be accepted at any time before it expires.

6.
6.

Performance Security If we are awarded the Contract, we commit to obtain a Performance Security in accordance with the Conditions of Contract.

7.

Commissions, gratuities, fees We have paid, or will pay the following commissions, gratuities, or fees with respect to this Quotation [If none has been paid or is to be paid, indicate “none.”] Name of Recipient Address Reason Amount 8.
Not Bound to Accept We understand that you reserve the right to: accept or reject any Quotation and are not bound to accept the lowest evaluated cost a.

Quotation, or any other Quotation that you may receive, and annul the RFQ process at any time prior to the award of the Contract without incurring b. any liability to Suppliers.

9.

Fraud and Corruption We hereby certify that we have taken steps to ensure that no person acting for us, or on our behalf, engages in any type of Fraud and Corruption.
On behalf of the Supplier: Name of the person duly authorized to sign the Quotation on behalf of the Supplier: [insert complete name of person duly authorized to sign the Quotation] Title of the person signing the Quotation: [insert complete title of the person signing the Quotation] Signature of the person named above: [insert signature of person whose name and capacity are shown above] Date signed [insert date of signing] day of [insert month], [insert year] ANNEX 4: Contract Agreement THIS AGREEMENT made the .
.

.

.

.

.day of .

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

., .

.

.

.

.

.

., between .

.

.

.

.

[name of the Employer].

.

.

.

.. .

.

.

.

(hereinafter “the Employer”), of the one part, and .

.

.

.

.

[name of the Contractor].

.

.

.

.

(hereinafter “the Contractor”), of the other part: WHEREAS the Employer desires that the Works known as .

.

.

.

.

[name of the Contract].

.

.

.


.should be executed by the Contractor, and has accepted a Bid by the Contractor for the execution and completion of these Works and the remedying of any defects therein, The Employer and the Contractor agree as follows: 1.

In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract documents referred to.

The following documents shall be deemed to form and be read and construed as part of this 2.
Agreement.

This Agreement shall prevail over all other Contract documents.

a. b. c. d. e. f. g. h. i. the Letter of Acceptance the Letter of Bid the addenda Nos ________(if any) the Particular Conditions the General Conditions of Contract, including appendix; the Specification the Drawings Bill of Quantities; and any other document listed in the PCC as forming part of the Contract, but not limited to; i.

The ES Management Strategies and Implementation Plans; and ii.
Code of Conduct for Contractor’s Personnel (ES).

3.

In consideration of the payments to be made by the Employer to the Contractor as specified in this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy defects therein in conformity in all respects with the provisions of the Contract.

4.
4.

The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

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

.

.

.

.

[name of the borrowing country].

.

.

.


.on the day, month and year specified above.
Signed by: Signed by: _______________________ _________________________ for and on behalf of the Employer for and on behalf the Contractor in the presence of: in the presence of: _________________________ ___________________________ Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date ANNEX 5: Conditions of Contract and Contract Forms General Conditions of Contract These General Conditions of Contract (GCC), read in conjunction with the Particular Conditions of Contract (PCC) and other documents listed therein, should be a complete document expressing fairly the rights and obligations of both parties.
These General Conditions of Contract have been developed on the basis of considerable international experience in the drafting and management of contracts, bearing in mind a trend in the construction industry towards simpler, more straightforward language.

The GCC can be used for both smaller admeasurement contracts and lump sum contracts.

A.
A.

GENERAL 26 Table of Clauses 29 37 30 37 38 26 DEFINITIONS INTERPRETATION 29 LANGUAGE AND LAW PROJECT MANAGER’S DECISIONS 29 30 DELEGATION 30 COMMUNICATIONS 30 SUBCONTRACTING 30 OTHER CONTRACTORS PERSONNEL AND EQUIPMENT 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

EMPLOYER’S AND CONTRACTOR’S RISKS 11.

EMPLOYER’S RISKS 12.

CONTRACTOR’S RISKS 38 13.

INSURANCE 38 14.

SITE DATA 15.

CONTRACTOR TO CONSTRUCT THE WORKS 39 16.

THE WORKS TO BE COMPLETED BY THE INTENDED COMPLETION DATE 39 17.
APPROVAL BY THE PROJECT MANAGER 18.

HEALTH, SAFETY AND PROTECTION OF THE ENVIRONMENT 19.

ARCHAEOLOGICAL AND GEOLOGICAL FINDINGS 20.

POSSESSION OF THE SITE 43 43 21.

ACCESS TO THE SITE 22.

23.

APPOINTMENT OF THE ADJUDICATOR 24.

PROCEDURE FOR DISPUTES 44 25.

FRAUD AND CORRUPTION 44 26.

STAKEHOLDER ENGAGEMENT 27.

SUPPLIERS (OTHER THAN SUBCONTRACTORS) 45 28.

CODE OF CONDUCT 29.

SECURITY OF THE SITE INSTRUCTIONS, INSPECTIONS AND AUDITS 43 44 46 46 42 45 39 40 B.

TIME CONTROL 47 30.
TIME CONTROL 47 30.

PROGRAM AND PROGRESS REPORTS 47 31.

EXTENSION OF THE INTENDED COMPLETION DATE 49 32.

ACCELERATION 33.

DELAYS ORDERED BY THE PROJECT MANAGER 34.

MANAGEMENT MEETINGS 35.

EARLY WARNING 49 49 48 49 C. QUALITY CONTROL 50 IDENTIFYING DEFECTS 36.

37.

TESTS 50 38.

CORRECTION OF DEFECTS 50 39.

UNCORRECTED DEFECTS 50 50 D. COST CONTROL 50 40.

CONTRACT PRICE 50 41.

CHANGES IN THE CONTRACT PRICE 50 51 42.

VARIATIONS 43.

CASH FLOW FORECASTS 44.

PAYMENT CERTIFICATES 45.

PAYMENTS 46.


COMPENSATION EVENTS 52 52 54 53 55 55 47.

TAX 55 48.

CURRENCIES 49.

PRICE ADJUSTMENT 56 50.

RETENTION 51.

LIQUIDATED DAMAGES 56 52.

BONUS 53.

ADVANCE PAYMENT 57 54.

SECURITIES 57 55.

DAYWORKS 56.

COST OF REPAIRS 57 57 56 56 E. FINISHING THE CONTRACT 57 57.

COMPLETION 58 58.

TAKING OVER 59.

FINAL ACCOUNT 58 60.

OPERATING AND MAINTENANCE MANUALS 58 59 61.

TERMINATION 62.

PAYMENT UPON TERMINATION 63.

PROPERTY 60 64.

RELEASE FROM PERFORMANCE 65.


SUSPENSION OF BANK LOAN OR CREDIT 59 59 60 General Conditions of Contract A.

General 1.

Definitions Boldface type is used to identify defined terms.

a.

The Accepted Contract Amount means the amount accepted in the Letter of Acceptance for the execution and completion of the Works and the remedying of any defects.

the b.

The Activity Schedule is a schedule of the activities comprising and commissioning of the Works in a lump-sum contract.
It includes a lump-sum price for each activity, which is used for valuations and for assessing the effects of Variations and Compensation Events.

construction, installation, testing, c. The Adjudicator is the person appointed jointly by the Employer and the Contractor to resolve disputes in the first instance, as provided for in GCC 23. d. Bank means the financing institution named in the PCC.

Bill of Quantities means the priced and completed Bill of e. Quantities forming part of the Bid.
Compensation Events are those defined in GCC Clause 42 f. hereunder.

g. The Completion Date is the date of completion of the Works as certified by the Project Manager, in accordance with GCC Sub-Clause 57.1. h. The Contract is the Contract between the Employer and the Contractor to execute, complete, and maintain the Works.

It consists of the documents listed in GCC Sub-Clause 2.3 below.

The Contractor is the party whose Bid to carry out the i.

Works has been accepted by the Employer.


The Contractor’s Bid is the completed bidding document j. submitted by the Contractor to the Employer.

k. The Contract Price is the Accepted Contract Amount stated in the Letter of Acceptance and thereafter as adjusted in accordance with the Contract.

l. Days are calendar days; months are calendar months.
m. Dayworks are varied work inputs subject to payment on a time basis for the Contractor’s employees and Equipment, in addition to payments for associated Materials and Plant.

A Defect is any part of the Works not completed in n. accordance with the Contract.

The Defects Liability Certificate is the certificate issued o. by Project Manager upon correction of defects by the Contractor.
p. The Defects Liability Period is the period named in the PCC pursuant to GCC Sub-Clause 38.1 and calculated from the Completion Date.

q.

Drawings means the drawings of the Works, as included in the Contract, and any additional and modified drawings issued by (or on behalf of) the Employer in accordance with the Contract, include calculations and other information provided or approved by the Project Manager for the execution of the Contract.
The Employer is the party who employs the Contractor to r. carry out the Works, as specified in the PCC.

Equipment is the Contractor’s machinery and vehicles s. brought temporarily to the Site to construct the Works.

t. “In writing” or “written” means hand-written, type- written, printed or electronically made, and resulting in a permanent record; The Initial Contract Price is the Contract Price listed in u. the Employer’s Letter of Acceptance.
v. The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works.

The Intended Completion Date is specified in the PCC.

The Intended Completion Date may be revised only by the Project Manager by issuing an extension of time or an acceleration order.

Materials are all supplies, including consumables, used by w. the Contractor for incorporation in the Works.
Plant is any integral part of the Works that shall have a x. mechanical, electrical, chemical, or biological function.

y.

The Project Manager is the person named in the PCC (or any other competent person appointed by the Employer and notified to the Contractor, to act in replacement of the Project Manager) who is responsible for supervising the execution of the Works and administering the Contract.

z. aa.

PCC means Particular Conditions of Contract.

The Site is the area defined as such in the PCC.

bb.
bb.

Site Investigation Reports are those that were included in the bidding document and are factual and interpretative reports about the surface and subsurface conditions at the Site.

cc.

Specification means the Specification of the Works included in the Contract and any modification or addition made or approved by the Project Manager.

dd.

The Start Date is given in the PCC.

It is the latest date when the Contractor shall commence execution of the Works.
It does not necessarily coincide with any of the Site Possession Dates.

ee.

A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract, which includes work on the Site.

ff.

Temporary Works are works designed, constructed, installed, and removed by the Contractor that are needed for construction or installation of the Works.

A Variation is an instruction given by the Project Manager gg.

which varies the Works.

hh.


The Works are what the Contract requires the Contractor to construct, install, and turn over to the Employer, as defined in the PCC.

ii.

“Contractor’s Personnel” refers to all personnel whom the Contractor utilizes on the Site or other places where the Works are carried out, including the staff, labor and other employees of each Subcontractor.

“Key Personnel” means the positions (if any) of the jj.

Contractor’s personnel that are stated in the Specification.
“ES” means Environmental and Social (including Sexual kk.

Exploitation and Abuse (SEA), and Sexual Harassment (SH)); “Sexual Exploitation and Abuse” “(SEA)” means the ll.

following: Sexual Exploitation is defined as any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.
In Bank financed operations/projects, sexual exploitation occurs when access to or benefit from a financed Goods, Works, Non-consulting Bank Services or Consulting Services is used to extract sexual gain; Sexual Abuse is defined as the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions; mm.
“Sexual Harassment” “(SH)” is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by the Contractor’s Personnel with other Contractor’s or Employer’s Personnel; and nn.
“Employer’s Personnel” refers to the Project Manager and all other staff, labor and other employees (if any) of the Project Manager and of the Employer engaged in fulfilling the Employer’s obligations under the Contract; and any other personnel identified as Employer’s Personnel, by a notice from the Employer or the Project Manager to the Contractor.

2.

Interpretation 1.

In interpreting these GCC, words indicating one gender include all genders.
Words indicating the singular also include the plural and words indicating the plural also include the singular.

Headings have no significance.

Words have their normal meaning under the language of the Contract unless specifically defined.

The Project Manager shall provide instructions clarifying queries about these GCC.

2.
2.

If sectional completion is specified in the PCC, references in the GCC to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion Date for the whole of the Works).

3.
3.

The documents forming the Contract shall be interpreted in the following order of priority: Agreement, Letter of Acceptance, Contractor’s Bid, Particular Conditions of Contract, General Conditions of Contract, including Appendices, Specification, Drawings, Bill of Quantities, and a. b. c. d. e. f. g. h. any other document listed in the PCC as forming part of i. the Contract.

3.

Language and Law 1.

The language of the Contract and the law governing the Contract are stated in the PCC.

2.
2.

Throughout the execution of the Contract, the Contractor shall comply with the import of goods and services prohibitions in the Employer’s country when as a matter of law or official regulations, the a. Borrower’s country prohibits commercial relations with that country; or by an act of compliance with a decision of the United b.
Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s Country prohibits any import of goods from that country or any payments to any country, person, or entity in that country.

Project Manager’s 4.

Decisions 1.

Except where otherwise specifically stated, the Project the Manager shall decide contractual matters between 5.

Delegation 6.

Communications 7.

Subcontracting 8.

Other Contractors Personnel and 9.


Equipment Employer and the Contractor in the role representing the Employer.

1.

Unless otherwise specified in the PCC, the Project Manager may delegate any of his duties and responsibilities to other people, except the Contractor, and may revoke any delegation after notifying the Contractor.

the Adjudicator, after notifying to 1.

Communications between parties that are referred to in the Conditions shall be effective only when in writing.
A notice shall be effective only when it is delivered.

1.

The Contractor may subcontract with the approval of the Project Manager but may not assign the Contract without the approval of the Employer in writing.

Subcontracting shall not alter the Contractor’s obligations.

The Contractor shall require that its Subcontractors execute the Works in accordance with the Contract, including complying with the relevant ES requirements and the obligations set out in Sub-Clause 28.1.

2.
2.

Submission by the Contractor for approval of the Project Manager, addition of any Subcontractor not named in the Contract, shall also include the Subcontractor’s declaration in accordance with Appendix C- Sexual exploitation and Abuse (SEA) and/or Sexual Harassment (SH) Performance Declaration 1.
The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the Employer between the dates given in the Schedule of Other Contractors, as referred to in the PCC.

The Contractor shall also provide facilities and services for them as described in the Schedule.

The Employer may modify the Schedule of Other Contractors, and shall notify the Contractor of any such modification.

2.
2.

The Contractor shall also, as stated in the Specification or as instructed by the Project Manager, cooperate with and allow appropriate opportunities for the Employer’s or any other personnel, notified to the Contractor by the Employer or Project Manager, to conduct any environmental and social assessment.

1.

The Contractor shall employ the Key Personnel and use the Equipment identified in its Bid, to carry out the Works or other personnel and Equipment approved by the Project Manager.
The Project Manager shall approve any proposed replacement of Key Personnel and Equipment only if their relevant qualifications or characteristics are substantially equal to or better than those proposed in the Bid.

2.
The Project Manager may require the Contractor to remove (or cause to be removed) any person employed on the Site or Works, including the Key Personnel (if any), who: a. b. persists in any misconduct or lack of care; carries out duties incompetently or negligently; fails to comply with any provision of the c. Contract; persists in any conduct which is prejudicial to d. safety, health, or the protection of the environment; based on reasonable evidence, is determined to e. have engaged in Fraud and Corruption during the execution of the Works; has been recruited from f. Personnel; the Employer’s undertakes behavior which breaches the Code g. of Conduct for Contractor’s Personnel (ES).
If appropriate, the Contractor shall then promptly appoint (or cause to be appointed) a suitable replacement with equivalent skills and experience.

Notwithstanding any requirement from the Project Manager to remove or cause to remove any person, the Contractor shall take immediate action as appropriate in response to any violation of (a) through (g) above.
Such immediate action shall include removing (or causing to be removed) from the Site or other places where the Works are being carried out, any Contractor’s Personnel who engages in (a), (b), (c), (d), (e) or (g) above or has been recruited as stated in (f) above.

3.

The Contractor shall take all necessary safety measures to avoid the occurrence of incidents and injuries to any third party, associated with the use of, if any, Equipment on public roads or other public infrastructure.
The Contractor shall monitor road safety incidents and accidents to identify negative safety issues, and establish and implement necessary measures to resolve them.

4.

Labor 1.

Engagement of Staff and Labor.

The Contractor shall provide and employ on the Site for the execution of the Works such skilled, semi-skilled and unskilled labor as is necessary for the proper and timely execution of the Contract.
The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and labor with appropriate qualifications and experience from sources within the Country.

in the Contract, the Unless otherwise provided Contractor shall be responsible for the recruitment, transportation, accommodation and welfare facilities in accordance with GCC Sub-Clause 9.4.6, of the Contractor’s Personnel, and for all payments in connection therewith.
The Contractor shall provide the Contractor’s Personnel that are clear and information and documentation understandable regarding their terms and conditions of employment.
The information and documentation shall set out their rights under relevant labor laws applicable to the Contractor’s Personnel (which will include any applicable collective agreements), including their rights related to hours of work, wages, overtime, compensation and benefits, as well as those arising from any requirements in the Specification.

The Contractor’s Personnel shall be informed when any material changes to their terms or conditions of employment occur.

2.

Conditions of Labor.


The Contractor shall inform the Contractor’s Personnel about: a. any deduction to their payment and the conditions of such deductions in accordance with the applicable laws or as stated in the Specification; and b. their liability to pay personal income taxes in the Country in respect of such of their salaries, wages, allowances and any benefits as are subject to tax under the laws of the Country for the time being in force.
The Contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws.

Where required by applicable laws or as stated in the Specification, the Contractor shall provide the Contractor’s Personnel written notice of termination of employment and details of severance payments in a timely manner.
The Contractor shall have paid the Contractor’s Personnel (either directly or where appropriate for their benefit) all due wages and entitlements including, as applicable, social security benefits and pension contributions, on or before the end of their engagement/ employment.

3.

The Contractor may bring into the Country any foreign personnel who are necessary for the execution of the Works to the extent allowed by the applicable Laws.
The Contractor shall ensure that these personnel are provided with the required residence visas and work permits.

The Employer will, if requested by the Contractor, use its best endeavors in a timely and expeditious manner to assist the Contractor in obtaining any local, state, national, or government permission required for bringing in the Contractor’s personnel.
The Contractor shall at its own expense provide the 4. means of repatriation to and the Contractor’s Personnel employed on the Contract at the Site to their various home countries.

It shall also provide suitable temporary maintenance of all such persons from the cessation of their employment on the Contract to the date programmed for their departure.
In the event that the Contractor defaults in providing such means of transportation and temporary maintenance, the Employer may provide the same to such personnel and recover the cost of doing so from the Contractor.

Disorderly conduct.

The Contractor shall at all times 5. during the progress of the Contract use its best endeavors to prevent any unlawful, riotous or disorderly conduct or behavior by or amongst the Contractor’s Personnel.

6.

Facilities for Staff and Labor.


Except as otherwise stated in the Specification, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s Personnel.

If stated in the Specification, the Contractor shall give access to or provide services that accommodate the physical, social and cultural needs of the Contractor’s Personnel.

The Contractor shall also provide similar facilities for the Employer’s Personnel if stated in the Specification.
in all dealings with The Contractor shall, the 7.

Contractor’s Personnel, pay due regard to all recognized festivals, official holidays, religious or other customs and all local laws and regulations pertaining to the employment of labor.

The Contractor shall provide the Contractor’s Personnel annual holiday and sick, maternity and family leave, as required by applicable laws or as stated in the Specification.

8.

Supply of Foodstuffs.


The Contractor shall arrange for the provision of a sufficient supply of suitable food as may be stated in the Specification at reasonable prices for the Contractor’s Personnel for the purposes of or in connection with the Contract.

Supply of Water.

The Contractor shall, having regard to 9. local conditions, provide on the Site an adequate supply of drinking and other water for the use of the Contractor’s Personnel.

10.

Measures against Insect and Pest Nuisance.


The Contractor shall at all times take the necessary precautions to protect the Contractor’s Personnel employed on the Site from insect and pest nuisance, and to reduce the danger to their health.

The Contractor shall comply with all the regulations of the local health authorities, including use of appropriate insecticide.

Alcoholic Liquor or Drugs.


The Contractor shall not, 11. otherwise than in accordance with the laws of the Country, import, sell, give, barter or otherwise dispose of any alcoholic liquor or drugs, or permit or allow importation, sale, gift, barter or disposal thereto by Contractor’s Personnel.

Arms and Ammunition.

The Contractor shall not give, 12. barter, or otherwise dispose of, to any person, any arms or ammunition of any kind, or allow Contractor’s Personnel to do so.

Funeral Arrangements.


The Contractor shall be 13. responsible, to the extent required by local regulations, for making any funeral arrangements for any of its local employees who may die while engaged upon the Works.

including its 14.

Forced Labor.

The Contractor, Subcontractors, shall not employ or engage forced labor.
Forced labor consists of any work or service, not voluntarily performed, that is exacted from an individual under threat of force or penalty, and includes any kind of involuntary or compulsory labor, such as indentured labor, bonded labor or similar labor-contracting arrangements.

No persons shall be employed or engaged who have been subject to trafficking.
Trafficking in persons is defined as the recruitment, transportation, transfer, harboring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation.

15.

Child Labor.
15.

Child Labor.

The Contractor, its Subcontractors, shall not employ or engage a child under the age of 14 unless the national law specifies a higher age (the minimum age).

including The Contractor, including its Subcontractors, shall not employ or engage a child between the minimum age and the age of 18 in a manner that is likely to be hazardous, or to interfere with, the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development.
The Contractor including its Subcontractors, shall only employ or engage children between the minimum age and the age of 18 after an appropriate risk assessment has been conducted by the Contractor with the Project Manager’s approval.

The Contractor shall be subject to regular monitoring by the Project Manager that includes monitoring of health, working conditions and hours of work.
Work considered hazardous for children is work that, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of children.
Such work activities prohibited for children include work: a. with exposure to physical, psychological or sexual abuse; b. underground, underwater, working at heights or in confined spaces; c. with dangerous machinery, equipment or tools, or involving handling or d. transport of heavy loads; e. in unhealthy environments exposing children to hazardous substances, agents, or processes, or to temperatures, noise or vibration damaging to health; or f. under difficult conditions such as work for long hours, during the night or in confinement on the premises of the employer.
16.

Employment Records of Workers.

The Contractor shall keep complete and accurate records of the employment of labor at the Site.

The records shall include the names, ages, genders, hours worked, and wages paid to all workers.

These records shall be summarized on a monthly basis and submitted to the project Manager.

17.

Workers’ Organizations.


In countries where the relevant labor laws recognize workers’ rights to form and to join workers’ organizations of their choosing and to bargain collectively without interference, the Contractor shall comply with such laws.

In such circumstances, the role of legally established workers’ organizations and legitimate workers’ representatives will be respected, and they will be provided with information needed for meaningful negotiation in a timely manner.
Where the relevant labor laws substantially restrict workers’ organizations, the Contractor shall enable alternative means for the Contractor’s Personnel to express their their rights regarding working grievances and protect conditions and terms of employment.

The Contractor shall not seek to influence or control these alternative means.
The Contractor shall not discriminate or retaliate against the Contractor’s Personnel who participate, or seek to participate, in such organizations and collective bargaining or alternative mechanisms.

Workers’ organizations are expected to fairly represent the workers in the workforce.

Non-Discrimination and Equal Opportunity.

The 18.


Contractor shall not make decisions relating to the employment or treatment of Contractor’s Personnel on the basis of personal characteristics unrelated to inherent job requirements.
The Contractor shall base the employment of Contractor’s Personnel on the principle of equal opportunity and fair treatment, and shall not discriminate with respect to any aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, job assignment, promotion, termination of employment or retirement, and disciplinary practices.
Special measures of protection or assistance to remedy past discrimination or selection for a particular job based on the inherent requirements of the job shall not be deemed discrimination.

The Contractor shall provide protection and assistance as necessary to ensure non- discrimination and equal opportunity, including for specific groups such as women, people with disabilities, migrant workers and children (of working age in accordance with GCC Sub-Clause 9.4.15).
Contractor’s Personnel Grievance Mechanism.

The 19.

Contractor shall have a grievance mechanism for Contractor’s Personnel, and where relevant the workers’ organizations stated in GCC Sub-Clause 9.4.17, to raise workplace concerns.

The grievance mechanism shall be proportionate to the nature, scale, risks and impacts of the Contract.
The mechanism shall address concerns promptly, using an understandable and transparent process that provides timely feedback to those concerned in a language they understand, without any retribution, and shall operate in an independent and objective manner.

The Contractor’s Personnel shall be informed of the grievance mechanism at the time of engagement for the Contract, and the measures put in place to protect them against any reprisal for its use.
Measures will be put in place to make the grievance mechanism easily accessible to all Contractor’s Personnel.

The grievance mechanism shall not impede access to other judicial or administrative remedies that might be available, or substitute for grievance mechanisms provided through collective agreements.
The grievance mechanism may utilize existing grievance mechanisms, providing that they are properly designed and implemented, address concerns promptly, and are readily accessible to Contractor’s Personnel.

Existing grievance mechanisms may be supplemented as needed with Contract- specific arrangements.

Training of Contractor’s Personnel.


The Contractor 20. shall provide appropriate training to relevant Contractor’s Personnel on ES aspects of the Contract, including appropriate sensitization on prohibition of SEA and SH, and health and safety training referred to in GCC Sub-Clause 18.2.
As stated in the Specification or as instructed by the Project Manager, the Contractor shall also allow appropriate opportunities for the relevant Contractor’s Personnel to be trained on ES aspects of the Contract by the Employer’s Personnel.

The Contractor shall provide training on SEA and SH, including its prevention, to any of its personnel who has a role to supervise other Contractor’s Personnel.

Employer’s and 10.

Contractor’s Risks 1.


The Employer carries the risks which this Contract states are Employer’s risks, and the Contractor carries the risks which this Contract states are Contractor’s risks.

11.

Employer’s Risks 1.

From the Start Date until the Defects Liability Certificate has been issued, the following are Employer’s risks: a.
The risk of personal injury, death, or loss of or damage to property (excluding the Works, Plant, Materials, and Equipment), which are due to i.use or occupation of the Site by the Works or for the purpose of the Works, which is the unavoidable result of the Works or ii.negligence, breach of statutory duty, or interference with any legal right by the Employer or by any person employed by or contracted to him except the Contractor.

b.
b.

The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is due to a fault of the Employer or in the Employer’s design, or due to war or radioactive contamination directly affecting the country where the Works are to be executed.

2.
2.

From the Completion Date until the Defects Liability Certificate has been issued, the risk of loss of or damage to the Works, Plant, and Materials is an Employer’s risk except loss or damage due to a. a Defect which existed on the Completion Date, an event occurring before the Completion Date, b. which was not itself an Employer’s risk, or the activities of the Contractor on the Site after the c. Completion Date.

12.
12.

Contractor’s Risks 12.1 From the Starting Date until the Defects Liability Certificate has been issued, the risks of personal injury, death, and loss of or damage to property (including, without limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s risks are Contractor’s risks.

13.

Insurance 14.

Site Data 1.
The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts and deductibles stated in the PCC for the following events which are due to the Contractor’s risks: a. b. loss of or damage to the Works, Plant, and Materials; loss of or damage to Equipment; loss of or damage to property (except the Works, Plant, c. Materials, and Equipment) in connection with the Contract; and d. personal injury or death.
2.

Policies and certificates for insurance shall be delivered by the Contractor to the Project Manager for the Project Manager’s approval before the Start Date.

All such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred.

3.
3.

If the Contractor does not provide any of the policies and certificates required, the Employer may effect the insurance which the Contractor should have provided and recover the premiums the Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due.

Alterations to the terms of an insurance shall not be made 4. without the approval of the Project Manager.

5.
5.

Both parties shall comply with any conditions of the insurance policies.

1.

The Contractor shall be deemed to have examined any Site Data referred to in the PCC, supplemented by any information available to the Contractor.

15.

Contractor to Construct the Works 1.

The Contractor shall construct and install the Works in accordance with the Specification and Drawings.

2.
If the Contract specifies that the Contractor shall design any part of the permanent Works, the Contractor shall take into the Employer’s requirements which may include, if stated in the Specification: designing structural elements of the Works taking into a. account climate change considerations; b. applying the concept of universal access (the concept of universal access means unimpeded access for people of all ages and abilities in different situations and under various circumstances; and considering the incremental risks of the public’s c. potential exposure to operational accidents or natural hazards, including extreme weather events.
1.

The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in accordance with the Program submitted by the Contractor, as updated with the approval of the Project Manager, and complete them by the Intended Completion Date.

2.
2.

The Contractor shall not carry out mobilization to the Site unless the Project Manager gives approval, an approval that shall not be unreasonably delayed, to the measures the to address environmental and Contractor proposes social risks and impacts, which at a minimum shall include applying the Management Strategies and Implementation Plans (MSIPs) and Code of Conduct for Contractor’s Personnel submitted as part of the Bid and agreed as part of the Contract.
The Contractor shall submit, to the Project Manager for its approval any additional MSIPs as are necessary to manage the ES risks and impacts of ongoing Works.

These MSIPs collectively comprise the Contractor’s Environmental and Social Management Plan (C-ESMP).

The Contractor shall review the C-ESMP, periodically (but not less than every six (6) months), and update it as required to ensure that it contains measures appropriate to the Works.
The updated C-ESMP shall be submitted to the Project Manager for its approval.

1.

The Contractor shall submit Specification and Drawings showing the proposed Temporary Works to the Project Manager, for his approval.

2.

The Contractor shall be responsible for design of Temporary Works.

16.

The Works to Be Completed by the Intended Completion Date Approval by the 17.

Project Manager Health, Safety and 18.

Protection of the Environment 3.


The Project Manager’s approval shall not alter the Contractor’s responsibility for design of the Temporary Works.

4.

The Contractor shall obtain approval of third parties to the design of the Temporary Works, where required.

5.

All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are subject to prior approval by the Project Manager before this use.

1.
1.

The Contractor shall be responsible for the safety of all activities on the Site.

2.

The Contractor shall: comply with all applicable health and safety regulations and a.
Laws; comply with all applicable health and safety obligations b. specified in the Contract; c. take care for the health and safety of all persons entitled to be on the Site and other places, if any, where the Works are being executed; keep the Site and Works clear of unnecessary obstruction d. so as to avoid danger to these persons; e. provide fencing, lighting, safe access, guarding and watching of the Works until the issue of the Contract Certificate of Completion; f. provide any Temporary Works (including roadways, footways, guards and fences) which may be necessary, because of the execution of the Works, for the use and protection of the public and of owners and occupiers of adjacent land; provide health and safety training of Contractor’s Personnel g. as appropriate and maintain training records; h. actively engage the Contractor’s Personnel in promoting understanding, and methods for, implementation of health and safety requirements, as well as in providing information to Contractor’s Personnel, training on occupational safety and health, and provision of personal protective equipment without expense to the Contractor’s Personnel; i. put in place workplace processes for Contractor’s Personnel to report work situations that they believe are not safe or healthy, and to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health; j. Contractor’s Personnel who remove themselves from such work situations shall not be required to return to work until necessary remedial action to correct the situation has been taken.
Contractor’s Personnel shall not be retaliated against or otherwise subject to reprisal or negative action for such reporting or removal; k. where the Employer’s Personnel, any other contractors employed by the Employer, and/or personnel of any legally constituted public authorities and private utility companies are employed in carrying out, on or near the site, of any work not included in the Contract, collaborate in applying the health and safety requirements, without prejudice to the responsibility of the relevant entities for the health and safety of their own personnel; and l. establish and implement a system for regular (not less than six-monthly) review of health and safety performance and the working environment.
Subject to GCC Sub-Clause 16.2, the Contractor shall submit to the Project Manager for its approval a health and safety manual which has been specifically prepared for the Works, the Site and other places (if any) where the Contractor intends to execute the Works.

The health and safety manual shall be in addition to any other similar document required under applicable health and safety regulations and laws.
The health and safety manual shall set out all the health and safety requirements under the Contract, a. which shall include at a minimum: i.the procedures to establish and maintain a safe working environment without risk to health at all workplaces, machinery, equipment and processes under the control of the Contractor, including control measures for chemical, physical and biological substances and agents; ii.details of the training to be provided, records to be kept; iii.the procedures for prevention, preparedness and response activities to be implemented in the case of an emergency event (i.e.
an unanticipated incident, arising from both natural and man-made hazards, typically in the form of fire, explosions, leaks or spills, which may occur for a variety of different reasons including failure to implement operating procedures that are designed to prevent their occurrence, extreme weather or lack of early warning); iv.remedies for adverse impacts such as occupational injuries, deaths, disability and disease; v.the measures to be taken to avoid or minimize the potential for community exposure to water-borne, water-based, water- related, and vector-borne diseases, vi.the measures to be implemented to avoid or minimize the spread of communicable diseases (including transfer of Sexually Transmitted Diseases or Infections (STDs), such as HIV virus) and non-communicable diseases associated with the execution of the Works, taking into consideration differentiated exposure to and higher sensitivity of vulnerable groups.
This includes taking measures to avoid or minimize the transmission of communicable diseases that may be associated with the influx of temporary or permanent Contract-related labor; vii.the policies and procedures on the management and quality of accommodation and welfare facilities if such accommodation and welfare facilities are provided by the Contractor in accordance with GCC Sub-Clause 9.4.6; and b. any other requirements stated in the Specification.

3.

Protection of the environment a.


The Contractor shall take all necessary measures to: protect the environment (both on and off the Site); and limit damage and nuisance to people b. and property resulting from pollution, noise and other results of the Contractor’s operations and/ or activities.
The Contractor shall ensure that emissions, surface discharges, effluent and any other pollutants from the Contractor’s activities shall exceed neither the values indicated in the Specification, nor those prescribed by applicable laws.
In the event of damage to the environment, property and/or nuisance to people, on or off Site as a result of the Contractor’s operations, the Contractor shall agree with the Project Manager the appropriate actions and time scale to remedy, as practicable, the damaged environment to its former condition.

The Contractor shall implement such remedies at its cost to the satisfaction of the Project Manager.

19.

Archaeological and Geological Findings 1.


All fossils, coins, articles of value or antiquity, structures, groups of structures, and other remains or items of geological, archaeological, paleontological, historical, architectural or religious interest found on the Site shall be placed under the care and custody of the Employer.
The Contractor shall: a. take all reasonable precautions, including fencing-off the area or site of the finding, to avoid further disturbance and prevent Contractor’s Personnel or other persons from removing or damaging any of these findings; train relevant Contractor’s Personnel on appropriate actions b. to be taken in the event of such findings; and implement any other action consistent with the requirements c. of the Specification and relevant laws.
The Contractor shall, as soon as practicable after discovery of any such finding, notify the Project Manager of such discoveries and carry out the Project Manager’s instructions for dealing with them.

1.

The Employer shall give possession of all parts of the Site to the Contractor.

If possession of a part is not given by the date stated in the PCC, the Employer shall be deemed to have delayed the start of the relevant activities, and this shall be a Compensation Event.

1.
1.

The Contractor shall allow the Project Manager and any person authorized by the Project Manager (including the Bank staff or consultants acting on the Bank’s behalf, stakeholders and third parties, such as independent experts, local communities, or non- governmental organizations), carry out environmental and social audit, as appropriate, access to the Site and to any place where work in connection with the Contract is being carried out or is intended to be carried out.

including to 20.
including to 20.

Possession of the Site 21.

Access to the Site Instructions, 22.

Inspections and Audits 1.

The Contractor shall carry out all instructions of the Project Manager which comply with the applicable laws where the Site is located.

2.
2.

The Contractor shall keep, and shall make all reasonable efforts to cause its Subcontractors and subconsultants to keep, accurate and systematic accounts and records in respect of the Works in such form and details as will clearly identify relevant time changes and costs.

3.
Inspections & Audit by the Bank Pursuant to paragraph 2.2 e. of Appendix A to the GCC- Fraud and Corruption, the Contractor shall permit and shall cause its agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit, the Bank and/or persons appointed by the Bank to inspect the site and/or the accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have such accounts, records and other documents audited by auditors appointed by the its Subcontractors’ and Bank.
The Contractor’s and Appointment of the 23.

Adjudicator Procedure for 24.

Disputes subconsultants’ attention is drawn to GCC Sub-Clause 25.1 (Fraud and Corruption) which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures).

1.
1.

The Adjudicator shall be appointed jointly by the Employer and the Contractor, at the time of the Employer’s issuance of the Letter of Acceptance.

If, in the Letter of Acceptance, the Employer does not agree on the Adjudicator, the Employer will request the Appointing Authority designated in the PCC, to appoint the Adjudicator within 14 days of receipt of such request.

the appointment of 2.


Should the Adjudicator resign or die, or should the Employer and the Contractor agree that the Adjudicator is not functioning in accordance with the provisions of the Contract, a new Adjudicator shall be jointly appointed by the Employer and the Contractor.
In case of disagreement between the Employer and the Contractor, within 30 days, the Adjudicator shall be designated by the Appointing Authority designated in the PCC at the request of either party, within 14 days of receipt of such request.

1.
1.

If the Contractor believes that a decision taken by the Project Manager was either outside the authority given to the Project Manager by the Contract or that the decision was wrongly taken, the decision shall be referred to the Adjudicator within 14 days of the notification of the Project Manager’s decision.

2.

The Adjudicator shall give a decision in writing within 28 days of receipt of a notification of a dispute.

3.
3.

The Adjudicator shall be paid by the hour at the rate specified in the PCC, together with reimbursable expenses of the types specified in the PCC, and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Adjudicator.

Either party may refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicator’s written decision.

If neither party refers the dispute the Adjudicator’s decision shall be final and binding.
the above 28 days, to arbitration within 25.

Fraud and Corruption 4.

The arbitration shall be conducted in accordance with the arbitration procedures published by the institution named and in the place specified in the PCC.

1.

The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Appendix A to the GCC.

Stakeholder 26.

Engagement 27.


Suppliers (other than Subcontractors) 2.

The Employer requires the Contractor to disclose any commissions or fees that may have been paid or are to be paid to agents or any other party with respect to the bidding process or execution of the Contract.

The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee.
1. relevant contract-related The Contractor shall provide information, as the Employer and/or Project Manager may reasonably request to conduct Stakeholder engagements.

“Stakeholder” refers to individuals or groups who: i.are affected or likely to be affected by the Contract; and ii.may have an interest in the Contract.

The Contractor may also directly participate in Stakeholder engagements, as the Employer and/or Project Manager may reasonably request.

1.
1.

Forced Labor: The Contractor shall take measures to require its suppliers (other than Subcontractors) not to employ or engage forced labor including trafficked persons as described in GCC Sub-Clause 9.4.14.

If forced labor/trafficking cases are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them.
Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks.

2.

Child Labor: The Contractor shall take measures to require its suppliers (other than Subcontractors) not to employ or engage child labor as described in GCC Sub-Clause 9.4.15.

If child labor cases are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them.
Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks.

3.

Serious Safety including its Issues: The Contractor, Subcontractors, shall comply with all applicable safety obligations, including as stated in GCC Sub-Clause 18.2.
The Contractor shall also take measures to require its suppliers (other than Subcontractors) to adopt procedures and mitigation measures adequate to address safety issues related to their personnel.

If serious safety issues are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them.
Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks.

4.
4.

Obtaining natural resource materials in relation to supplier: The Contractor shall obtain natural resource materials from suppliers that can demonstrate, through compliance with the applicable verification and/ or certification requirements, that obtaining such materials is not contributing to the risk of significant conversion or significant degradation of natural or critical habitats such as unsustainably harvested wood products, gravel or sand extraction from river beds or beaches.
If a supplier cannot continue to demonstrate that obtaining such materials is not contributing to the risk of significant conversion or significant degradation of natural or critical habitats, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to demonstrate that they are not significantly adversely impacting the habitats.

28.

Code of Conduct 1.

The Contractor shall have a Code of Conduct for the Contractor’s Personnel.
The Contractor shall take all necessary measures to ensure that each Contractor’s Personnel is made aware of the Code of Conduct including specific behaviors that are prohibited, and understands the consequences of engaging in such prohibited behaviors.

These measures instructions and include providing documentation that can be understood by the Contractor’s Personnel and seeking to obtain that person’s signature and/or receipt of acknowledging documentation, as appropriate.
instructions such The Contractor shall also ensure that the Code of Conduct is visibly displayed in multiple locations on the Site and any other place where the Works will be carried out, as well as in areas outside the Site accessible to the local community and project affected people.

The posted Code of Conduct shall be to Contractor’s languages comprehensible provided Personnel, Employer’s Personnel and the local community.
in The Contractor’s Management Strategy and Implementation Plans shall include appropriate processes for the Contractor to verify compliance with these obligations.

29.

Security of the Site 1.


The Contractor shall be responsible for the security of the Site, and: a. for keeping unauthorized persons off the Site; b. authorized persons shall be limited to the Contractor’s Personnel, the Employer’s Personnel, and to any other personnel identified as authorized personnel (including the Employer’s other contractors on the Site), by a notice from the Employer or the Project Manager to the Contractor.
the Project Manager’s No-objection a Subject to GCC Sub-Clause 16.2, the Contractor shall submit for security management plan that sets out the security arrangements for the Site.
The Contractor shall (i) conduct appropriate background checks on any personnel retained to provide security; (ii) train the security personnel adequately (or determine that they are properly trained) in the use of force (and where applicable, firearms), and appropriate conduct towards Contractor’s Personnel, Employer’s Personnel and affected communities; and (iii) require the security personnel to act within the applicable Laws and any requirements set out in the Specification.
The Contractor shall not permit any use of force by security personnel in providing security except when used for preventive and defensive purposes in proportion to the nature and extent of the threat.

In making security arrangements, the Contractor shall also comply with any additional requirements stated in the Specifications B.

Time Control 1.
Time Control 1.

Within the time stated in the PCC, after the date of the Letter of Acceptance, the Contractor shall submit to the Project Manager for approval a Program showing the general methods, arrangements, order, and timing for all the activities in the Works.

In the case of a lump-sum contract, the activities in the Program shall be consistent with those in the Activity Schedule.

The Project Manager’s approval of the Program shall not alter the Contractor’s obligations.
The Contractor may revise the Program and submit it to the Project Manager again at any time.

A revised Program shall show the effect of Variations and Compensation Events.

2.

An update of the Program shall be a program showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining work, including any changes to the sequence of the activities.

3.
3.

The Contractor shall monitor progress of the Works and submit to the Project manager progress report and any updated Program showing the actual progress achieved and the effect of the progress achieved on the timing of the remaining Works, including any changes to the sequence of the activities, at intervals no longer than the periods stated Program and 30.

Progress Reports in the PCC.


If the Contractor does not submit an updated Program within this period, the Project Manager may withhold the amount stated in the PCC from the next payment certificate and continue to withhold this amount until the next payment after the date on which the overdue Program has been submitted.

In the case of lump- sum Contract, the Contractor shall provide an updated Activity Schedule within 14 days of being instructed to by the Project Manager.

4.
4.

Unless otherwise stated in the Specification, each progress report shall include the Environmental and Social (ES) metrics set out in Appendix B.

5.

In addition to the progress reports, the Contractor shall inform the Project Manager immediately of any allegation, incident or accident in the Site, which has or is likely to have a significant adverse effect on the environment, the affected communities, the public, Employer’s Personnel or Contractor’s Personnel.
This includes, but is not limited to, any incident or accident causing fatality or serious injury; significant adverse effects or damage to private property; or any allegation of SEA and/or SH.

In case of SEA and/or SH, while maintaining confidentiality as appropriate, the type of allegation (sexual exploitation, sexual abuse or sexual harassment), gender and age of the person who experienced the alleged incident should be included in the information.
incident or accident on The Contractor, upon becoming aware of the allegation, incident or accident, shall also immediately inform the Project the Manager of any such Subcontractors’ or suppliers’ premises relating to the Works which has or is likely to have a significant adverse effect on the environment, the affected communities, the public, Employer’s Personnel, or Contractor’s, its Subcontractors’ and suppliers’ personnel.
The notification shall provide sufficient detail regarding such incidents or accidents.

The Contractor shall provide full details of such incidents or accidents to the Project Manager within the timeframe agreed with the Project Manager.

than Subcontractors) The Contractor shall require its Subcontractors and suppliers the (other Contractor of any incidents or accidents referred to in this Subclause.

immediately notify to Extension of the 31.

Intended Completion Date 1.


The Project Manager shall extend the Intended Completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking 32.

Acceleration steps to accelerate the remaining work, which would cause the Contractor to incur additional cost.

2.
2.

The Project Manager shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Project Manager for a decision upon the effect of a Compensation Event or Variation and submitting full supporting information.

If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.

1.
1.

When the Employer wants the Contractor to finish before the Intended Completion Date, the Project Manager shall obtain priced proposals for achieving the necessary acceleration from the Contractor.

If the Employer accepts these proposals, the Intended Completion Date shall be adjusted accordingly and confirmed by both the Employer and the Contractor.

2.
2.

If the Contractor’s priced proposals for an acceleration are accepted by the Employer, they are incorporated in the Contract Price and treated as a Variation.

Delays Ordered by 33. the Project Manager 1.

The Project Manager may instruct the Contractor to delay the start or progress of any activity within the Works.

34.

Management Meetings 35.

Early Warning 1.

Either the Project Manager or the Contractor may require the other to attend a management meeting.
The business of a management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with the early warning procedure.

2.

The Project Manager shall record the business of management meetings and provide copies of the record to those attending the meeting and to the Employer.
The responsibility of the parties for actions to be taken shall be decided by the Project Manager either at the management meeting or after the management meeting and stated in writing to all who attended the meeting.

1.

The Contractor shall warn the Project Manager at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the work, increase the Contract Price, or delay the execution of the Works.
The Project Manager may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date.

The estimate shall be provided by the Contractor as soon as reasonably possible.

2.

The Contractor shall cooperate with the Project Manager in making and considering proposals for how the effect of such an event or circumstance can be avoided or reduced by anyone 36.

Identifying Defects 37.

Tests 38.

Correction of Defects 39.


Uncorrected Defects 40.

Contract Price Changes in the 41.

Contract Price involved in the work and in carrying out any resulting instruction of the Project Manager.

C. Quality Control 1.

The Project Manager shall check the Contractor’s work and notify the Contractor of any Defects that are found.

Such checking shall not affect the Contractor’s responsibilities.
The Project Manager may instruct the Contractor to search for a Defect and to uncover and test any work that the Project Manager considers may have a Defect.

1.

If the Project Manager instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples.

If there is no Defect, the test shall be a Compensation Event.

1.
1.

The Project Manager shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion, and is defined in the PCC.

The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

2.

Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Project Manager’s notice.

1.
1.

If the Contractor has not corrected a Defect within the time specified in the Project Manager’s notice, the Project Manager shall assess the cost of having the Defect corrected, and the Contractor shall pay this amount.

D. Cost Control 1.

The Bill of Quantities shall contain priced items for the Works to be performed by the Contractor.

The Bill of Quantities is used to calculate the Contract Price.
The Contractor will be paid for the quantity of the work accomplished at the rate in the Bill of Quantities for each item.

1.

If the final quantity of the work done differs from the quantity in the Bill of Quantities for the particular item by more than 25 percent, provided the change exceeds 1 percent of the Initial Contract Price, the Project Manager shall adjust the rate to allow for the change.
The Project Manager shall not adjust rates from changes in quantities if thereby the Initial Contract Price is exceeded by more than 15 percent, except with the prior approval of the Employer.

2.

If requested by the Project Manager, the Contractor shall provide the Project Manager with a detailed cost breakdown of any rate in the Bill of Quantities.

42.

Variations 1.

All Variations shall be included in updated Programs produced by the Contractor.

2.
2.

The Contractor shall provide the Project Manager with a quotation for carrying out the Variation when requested to do so by the Project Manager.

The Contractor shall also provide information of any ES risks and impacts of the Variation.

The Project Manager shall assess the quotation, which shall be given within seven (7) days of the request or within any longer period stated by the Project Manager and before the Variation is ordered.

3.
3.

If the Contractor’s quotation is unreasonable, the Project Manager may order the Variation and make a change to the Contract Price, which shall be based on the Project Manager’s own forecast of the effects of the Variation on the Contractor’s costs.

4.

If the Project Manager decides that the urgency of varying the work would prevent a quotation being given and considered without delaying the work, no quotation shall be given and the Variation shall be treated as a Compensation Event.

5.
5.

The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early warning.

6.

If the work in the Variation corresponds to an item description in the Bill of Quantities and if, in the opinion of the Project Manager, the quantity of work above the limit stated in GCC Sub-Clause 41.1 or the timing of its execution do not cause the cost per unit of quantity to change, the rate in the Bill of Quantities shall be used to calculate the value of the Variation.
If the cost per unit of quantity changes, or if the nature or timing of the work in the Variation does not correspond with items in the Bill of Quantities, the quotation by the Contractor shall be in the form of new rates for the relevant items of work.

7.

Value Engineering: The Contractor may prepare, at its own cost, a value engineering proposal at any time during the performance of the contract.
The value engineering proposal shall, at a minimum, include the following; the proposed change(s), and a description of the difference a. to the existing contract requirements; b. a full cost/benefit analysis of the proposed change(s) including a description and estimate of costs (including life cycle cost) the Employer may incur in implementing the value engineering proposal; a description of any effect(s) of c. performance/functionality; and the change on d. a description of the proposed work to be performed, a program for its execution and sufficient ES information to enable an evaluation of ES risks and impacts.
The Employer may accept the value engineering proposal if the proposal demonstrates benefits that: a. accelerates the contract completion period; or reduces the Contract Price or the life cycle costs to the b.

Employer; or improves the quality, efficiency, safety or sustainability of c. the Facilities; or (d) yields any other benefits to the Employer, without compromising the functionality of the Works.
If the value engineering proposal is approved by the Employer and results in: a. a reduction of the Contract Price; the amount to be paid to the Contractor shall be the percentage specified in the PCC of the reduction in the Contract Price; or b. an increase in the Contract Price; but results in a reduction in life cycle costs due to any benefit described in (a) to (d) above, the amount to be paid to the Contractor shall be the full increase in the Contract Price.

1.
1.

When the Program, is updated, the Contractor shall provide the Project Manager with an updated cash flow forecast.

The cash flow forecast shall include different currencies, as defined in the Contract, converted as necessary using the Contract exchange rates.

1.

The Contractor shall submit to the Project Manager monthly statements of the estimated value of the work executed less the cumulative amount certified previously.

2.
2.

The Project Manager shall check the Contractor’s monthly statement and certify the amount to be paid to the Contractor.

3.

The value of work executed shall be determined by the Project Manager.

4.

The value of work executed shall comprise the value of the quantities of work in the Bill of Quantities that have been completed.

5.

The value of work executed shall include the valuation of Variations and Compensation Events.

6.
6.

The Project Manager may exclude any item certified in a previous certificate or reduce the proportion of any item 43.

Cash Flow Forecasts 44.

Payment Certificates previously certified in any certificate in the light of later information.

7.
7.

If the Contractor was, or is, failing to perform any ES obligations or work under the Contract, the value of this work or obligation, as determined by the Project Manager, may be withheld until the work or obligation has been performed, and/or the cost of rectification or replacement, as determined by the Project Manager, may be withheld until rectification or replacement has been completed.
Failure to perform includes, but is not limited to the following: a. failure to comply with any ES obligations or work described in the Works’ Requirements which may include: working outside site boundaries, excessive dust, failure to keep public roads in a safe usable condition, damage to offsite vegetation, pollution of water courses from oils or sedimentation, contamination of land e.g.
from oils, human waste, damage to archeology or cultural heritage features, air pollution as a result of unauthorized and/or inefficient combustion; b. failure to regularly review C-ESMP and/or update it in a timely manner to address emerging ES issues, or anticipated risks or impacts; failure to implement the C-ESMP e.g.
failure to provide c. required training or sensitization; failing to have appropriate consents/permits prior to d. undertaking Works or related activities; failure to submit ES report/s (as described in Appendix B), e. or failure to submit such reports in a timely manner; f. failure to implement remediation as instructed by the Project Manager within the specified timeframe (e.g.

remediation addressing non-compliance/s).

1.

Payments shall be adjusted for deductions for advance payments and retention.
The Employer shall pay the Contractor the amounts certified by the Project Manager within 28 days of the date of each certificate.

If the Employer makes a late payment, the Contractor shall be paid interest on the late payment in the next payment.

Interest shall be calculated from the date by which the payment should have been made up to the date when the late payment is made at the prevailing rate of interest for commercial borrowing for each of the currencies in which payments are made.

2.
2.

If an amount certified is increased in a later certificate or as a result of an award by the Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed payment as set out in this clause.

Interest shall be calculated from the date upon which the increased amount would have been certified in the absence of dispute.

45.

Payments 3.

Unless otherwise stated, all payments and deductions shall be paid or charged in the proportions of currencies comprising the Contract Price.

4.
4.

Items of the Works for which no rate or price has been entered in shall not be paid for by the Employer and shall be deemed covered by other rates and prices in the Contract.

46.

Compensation Events 1.

The following shall be Compensation Events: The Employer does not give access to a part of the Site by a. the Site Possession Date pursuant to GCC Sub-Clause 20.1. b.

The Employer modifies the Schedule of Other Contractors in a way that affects the work of the Contractor under the Contract.
c. The Project Manager orders a delay or does not issue Drawings, Specification, or instructions required for execution of the Works on time.

d. The Project Manager instructs the Contractor to uncover or to carry out additional tests upon work, which is then found to have no Defects.

The Project Manager unreasonably does not approve a e. subcontract to be let.
f. Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.

g. The Project Manager gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
h. Other contractors, public authorities, utilities, or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.

i.

The advance payment is delayed.

The effects on the Contractor of any of the Employer’s j.

Risks.

The Project Manager unreasonably delays issuing a k. Certificate of Completion.

2.
2.

If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date shall be extended.

The Project Manager shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.

47.

Tax 48.

Currencies 49.

Price Adjustment 3.


As soon as information demonstrating the effect of each Compensation Event upon the Contractor’s forecast cost has been provided by the Contractor, it shall be assessed by the Project Manager, and the Contract Price shall be adjusted accordingly.

If the Contractor’s forecast is deemed unreasonable, the Project Manager shall adjust the Contract Price based on the Project Manager’s own forecast.
The Project Manager shall assume that the Contractor shall react competently and promptly to the event.

4.

The Contractor shall not be entitled to compensation to the extent that the Employer’s interests are adversely affected by the Contractor’s not having given early warning or not having cooperated with the Project Manager.

1.
1.

The Project Manager shall adjust the Contract Price if taxes, duties, and other levies are changed between the date 28 days before the submission of bids for the Contract and the date of the last Completion certificate.

The adjustment shall be the change in the amount of tax payable by the Contractor, provided such changes are not already reflected in the Contract Price or are a result of GCC Clause 49.

1.
1.

Where payments are made in currencies other than the currency of the Employer’s country specified in the PCC, the exchange rates used for calculating the amounts to be paid shall be the exchange rates stated in the Contractor’s Bid.

1.

Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the PCC.
If so provided, the amounts certified in each payment certificate, before deducting for Advance Payment, shall be adjusted by applying the respective price adjustment factor to the payment amounts due in each currency.
A separate formula of the type specified below applies to each Contract currency: Pc = Ac + Bc Imc/Ioc where: Pc is the adjustment factor for the portion of the Contract Price payable in a specific currency “c.” Ac and Bc are coefficients specified in the PCC, representing the nonadjustable and adjustable portions, respectively, of the Contract Price payable in that specific currency “c;” and Imc is the index prevailing at the end of the month being invoiced and Ioc is the index prevailing 28 days before Bid opening for inputs payable; both in the specific currency “c.” 2.
If the value of the index is changed after it has been used in a calculation, the calculation shall be corrected and an adjustment made in the next payment certificate.

The index value shall be 50.

Retention 51.

Liquidated Damages 52.

Bonus 53.

Advance Payment deemed to take account of all changes in cost due to fluctuations in costs.

1.

The Employer shall retain from each payment due to the Contractor the proportion stated in the PCC until Completion of the whole of the Works.

2.
2.

Upon the issue of a Certificate of Completion of the Works by the Project Manager, in accordance with GCC Sub-Clause 57.1, half the total amount retained shall be repaid to the Contractor and half when the Defects Liability Period has passed and the Project Manager has certified that all Defects notified by the Project Manager to the Contractor before the end of this period have been corrected.

The Contractor may substitute retention money with an “on demand” Bank guarantee.

1.
1.

The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the PCC for each day that the Completion Date is later than the Intended Completion Date.

The total amount of liquidated damages shall not exceed the amount defined in the PCC.

The Employer may deduct liquidated the Contractor.

Payment of liquidated damages shall not affect the Contractor’s liabilities.

payments damages from due to 2.


If the Intended Completion Date is extended after liquidated damages have been paid, the Project Manager shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate.

The Contractor shall be paid interest on the overpayment, calculated from the date of payment to the date of repayment, at the rates specified in GCC Sub-Clause 45.1.

1.
1.

The Contractor shall be paid a Bonus calculated at the rate per calendar day stated in the PCC for each day (less any days for which the Contractor is paid for acceleration) that the Completion is earlier than the Intended Completion Date.

The Project Manager shall certify that the Works are complete, although they may not be due to be complete.

1.
1.

The Employer shall make advance payment to the Contractor of the amounts stated in the PCC by the date stated in the PCC, against provision by the Contractor of an Unconditional Bank Guarantee in a form and by a bank acceptable to the Employer in amounts and currencies equal to the advance payment.

The Guarantee shall remain effective until the advance payment has been repaid, but the amount of the Guarantee shall be progressively reduced by the amounts repaid by the Contractor.
Interest shall not be charged on the advance payment.

2.

The Contractor is to use the advance payment only to pay for Equipment, Plant, Materials, and mobilization expenses required specifically for execution of the Contract.

The Contractor shall demonstrate that advance payment has been used in this way by supplying copies of invoices or other documents to the Project Manager.

3.
3.

The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due to the Contractor, following the schedule of completed percentages of the Works on a payment basis.

No account shall be taken of the advance payment or its repayment in assessing valuations of work done, Variations, price adjustments, Compensation Events, Bonuses, or Liquidated Damages.

1.
1.

The Performance Security, and if so specified in the PCC an environmental and social (ES) performance security, shall be provided to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount specified in the PCC, by a bank or surety acceptable to the Employer, and denominated in the types and proportions of the currencies in which the Contract Price is payable.
The Performance Security shall be valid until a date 28 days from the date of issue of the Certificate of Completion in the case of a Bank Guarantee, and until one year from the date of issue of the Certificate of Completion in the case of a Performance Bond.

1.

If applicable, the Dayworks rates in the Contractor’s Bid shall be used only when the Project Manager has given written instructions in advance for additional work to be paid for in that way.

2.
2.

All work to be paid for as Dayworks shall be recorded by the Contractor on forms approved by the Project Manager.

Each completed form shall be verified and signed by the Project Manager within two days of the work being done.

3.

The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms.

1.
1.

Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor’s cost if the loss or damage arises from the Contractor’s acts or omissions.

54.

Securities 55.

Dayworks 56.

Cost of Repairs E. Finishing the Contract 57.

Completion 1.
Completion 1.

The Contractor shall request the Project Manager to issue a Certificate of Completion of the Works, and the Project Manager shall do so upon deciding that the whole of the Works is completed.

58.

Taking Over 59.

Final Account Operating and 60.

Maintenance Manuals 61.

Termination 1.

The Employer shall take over the Site and the Works within seven days of the Project Manager’s issuing a Certificate of Completion.

1.
1.

The Contractor shall supply the Project Manager with a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period.

The Project Manager shall issue a Defects Liability Certificate and certify any final payment that is due to the Contractor within 56 days of receiving the Contractor’s account if it is correct and complete.
If it is not, the Project Manager shall issue within 56 days a schedule that states the scope of the corrections or additions that are necessary.

If the Final Account is still unsatisfactory after it has been resubmitted, the Project Manager shall decide on the amount payable to the Contractor and issue a payment certificate.

1.

If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the PCC.

2.
2.

If the Contractor does not supply the Drawings and/or manuals by the dates stated in the PCC pursuant to GCC Sub-Clause 60.1, or they do not receive the Project Manager’s approval, the Project Manager shall withhold the amount stated in the PCC from payments due to the Contractor.

1.

The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract.

2.
Fundamental breaches of Contract shall include, but shall not be limited to, the following: a. the Contractor stops work for 28 days when no stoppage of work is shown on the current Program and the stoppage has not been authorized by the Project Manager; b. the Project Manager instructs the Contractor to delay the progress of the Works, and the instruction is not withdrawn within 28 days; the Employer or the Contractor is made bankrupt or goes c. into liquidation other than for a reconstruction or amalgamation; d. a payment certified by the Project Manager is not paid by the Employer to the Contractor within 84 days of the date of the Project Manager’s certificate; e. the Project Manager gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Project Manager; the Contractor does not maintain a Security, which is f. required; g. the Contractor has delayed the completion of the Works by the number of days for which the maximum amount of liquidated damages can be paid, as defined in the PCC; or h. if the Contractor, in the judgment of the Employer has engaged in Fraud and Corruption, as defined in paragraph 2.2 a of the Appendix A to the GCC, in competing for or in executing the Contract, then the Employer may, after giving fourteen (14) days written notice to the Contractor, terminate the Contract and expel him from the Site.
Notwithstanding the above, the Employer may terminate 3. the Contract for convenience.

4.

If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and secure, and leave the Site as soon as reasonably possible.

5.

When either party to the Contract gives notice of a breach of Contract to the Project Manager for a cause other than those listed under GCC Sub-Clause 61.2 above, the Project Manager shall decide whether the breach is fundamental or not.

1.
1.

If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Project Manager shall issue a certificate for the value of the work done and Materials ordered less advance payments received up to the date of the issue of the certificate and less the percentage to apply to the value of the work not completed, as specified in the PCC.

Additional Liquidated Damages shall not apply.


If the total amount due to the Employer exceeds any payment due to the Contractor, the difference shall be a debt payable to the Employer.

2.
2.

If the Contract is terminated for the Employer’s convenience or because of a fundamental breach of Contract by the Employer, the Project Manager shall issue a certificate for the value of the work done, Materials ordered, the reasonable cost of removal of Equipment, repatriation of the Contractor’s personnel employed solely on the Works, and the Contractor’s costs of protecting and securing the Works, and less advance payments received up to the date of the certificate.

1.
1.

All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to be the property of the Employer if the Contract is terminated because of the Contractor’s default.

Payment upon 62.

Termination 63.

Property Release from 64.

Performance 1.

If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor, the Project Manager shall certify that the Contract has been frustrated.
The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which a commitment was made.

Suspension of Bank 65.

Loan or Credit 1.

In the event that the Bank suspends the Loan or Credit to the Employer, from which part of the payments to the Contractor are being made: a.
The Employer is obligated to notify the Contractor of such suspension within 7 days of having received the Bank’s suspension notice.

b.

If the Contractor has not received sums due to it within the 28 days for payment provided for in GCC Sub-Clause 45.1, the Contractor may immediately issue a 14-day termination notice.
Appendix B to General Conditions - Particular Conditions of Contract Except where otherwise specified, all Particular Conditions of Contract should be filled in by the Employer prior to issuance of the bidding document.

Schedules and reports to be provided by the Employer should be annexed.

A.
A.

General The financing institution is: The Employer is The Government of Saint Vincent and the Grenadines The Intended Completion Date for the whole of the Works shall be : 5 months after the commencement of Works The Project Manager is the Director of the Economic Planning Division The Site is located at Orange Hill The Start Date shall be no later than 1 week after the contractor receives a copy of the contract and possession of the Site.
The Works consist of construction of two ruminant pens to be located in Orange Hill.

The pens shall comprise of structural reinforced concrete framing with hard wood joist flooring, softwood framed mesh window openings, galvanized covered timber framed roof, 6” block walls Sectional Completions are: not applicable The following documents also form part of the Contract: None The language of the contract is English.
The language shall be that of the Bid GCC 1.1 (d) GCC 1.1 (r) GCC 1.1 (v) GCC 1.1 (y) GCC 1.1 (aa) GCC 1.1 (dd) GCC 1.1 (hh) GCC 2.2 GCC 2.3(i) GCC 3.1 The law that applies to the Contract is the law of Saint Vincent and the Grenadines GCC 5.1 GCC 8.1 The Project manager MAY delegate any of his duties and responsibilities.
Schedule of other contractors: None GCC 13.1 (a) The minimum insurance amounts and deductibles shall be: for loss or damage to the Works, Plant and Materials: Contract Sum plus an additional 15% (b) For loss or damage to Equipment: Replacement Value of Equipment plus 15% (c) for loss or damage to property (except the Works, Plant, Materials, and Equipment) in connection with Contract XCD $1,000,000.00 (d) for personal injury or death: i.of the Contractor’s employees: XCD $1,000,000.00.
GCC 14.1 GCC 20.1 GCC 23.1 & GCC 23.2 GCC 24.3 GCC 24.4 GCC 30.1 GCC 30.3 ii.of other people: XCD $1,000,000.00 Site Data are: None The Site Possession Date(s) shall be: Not later than the Commencement of the Works.

Appointing Authority for the Adjudicator: High Court of Saint Vincent and the Grenadines Hourly rate and types of reimbursable expenses to be paid to the Adjudicator: Not more than XCD 500.00 per hour or part thereof.
Institution whose arbitration procedures shall be used: High Court of Saint Vincent and the Grenadines B.

Time Control The Contractor shall submit for approval a Program for the Works within 5 business days from the date of the Letter of Acceptance.

The period between Program updates is 20 business days.

The amount to be withheld for late submission of an updated Program is XCD $1,000.00.

The period for submission of progress reports is 20 days.
C. Quality Control GCC 38.1 GCC 42.7 GCC 48.1 GCC 49.1 The Defects Liability Period is: 6 months.

D. Cost Control If the value engineering proposal is approved by the Employer the amount to be paid to the Contractor shall be 50 % of the reduction in the Contract Price.

The currency of the Employer’s Country is: Eastern Caribbean Dollars The Contract is not subject to price adjustment in accordance with GCC Clause 45, and the following information regarding coefficients does not apply.
[Price adjustment is mandatory for contracts which provide for time of completion exceeding 18 months] The coefficients for adjustment of prices are: (a) For currency [insert name of currency]: (i) [insert percentage] percent nonadjustable element (coefficient A).

(ii) [insert percentage] percent adjustable element (coefficient B).

(b) For currency [insert name of currency]: (i) [insert percentage] percent nonadjustable element (coefficient A).
(ii) [insert percentage] percent adjustable element (coefficient B).

The Index I for local currency shall be [insert index].

The Index I for the specified international currency shall be [insert index].

[These proxy indices shall be proposed by the Contractor, subject to acceptance by the Employer] The Index I for currencies other than the local currency and the specified international currency shall be [insert index].
[These proxy indices shall be proposed by the Contractor, subject to acceptance by the Employer.]

The proportion of payments retained is: 5% The liquidated damages for the whole of the Works are 0.1% of the final contract price per day.

The maximum amount of liquidated damages for the whole of the Works is 10% of the final Contract Price.

GCC 50.1 GCC 51.1 GCC 52.1 The Bonus for the whole of the Works is 0% per day.
The maximum amount of Bonus for the whole of the Works is 0% of the final Contract Price.

GCC 53.1 The Advance Payments shall be: no more than 20% of the Contract price and shall be paid to the Contractor no later than 14 days after the contractor has submitted the required Advance Payment Bond and Performance Security.
GCC 54.1 The Performance Security will be in the form of a bond in the amount(s) of 30% percent of the Accepted Contract Amount and in the same currency (ies) of the Accepted Contract Amount.

E. Finishing the Contract GCC 60.1 The date by which operating, and maintenance manuals are required is within 30 days following completion of the whole of the works.

The date by which “as built” drawings are required is within 30 days following completion of the whole of the works.
GCC 60.2 The amount to be withheld for failing to produce “as built” drawings and/or operating and maintenance manuals by the date required in GCC Sub-Clause 60.1 is XCD $5,000.00 GCC 61.2 (g) The maximum number of days is: 100 days GCC 62.1 The percentage to apply to the value of the work not completed, representing the Employer’s additional cost for completing the Works, is 15%.

Attachment A to the Conditions of Contract Fraud and Corruption (Text in this Appendix shall not be modified) 1.

Purpose 1.
Purpose 1.

The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.

2.

Requirements 1.
2.

Requirements 1.

The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub- consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.

2.

To this end, the Bank: a.
Defines, for the purposes of this provision, the terms set forth below as follows: i.“corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; ii.“fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation; iii.“collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party; iv.“coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; v.“obstructive practice” is: a. deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or acts intended to materially impede the exercise of the Bank’s inspection and audit rights b. provided for under paragraph 2.2 e. below.
b.
Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question; c. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time they knew of the practices; d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner; (ii) to be a nominated sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project; e. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents personnel, permit the Bank to inspect all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.
ANNEX 6: CONTRACT FORMS Performance Security Option 1: Demand Guarantee [Guarantor letterhead or SWIFT identifier code] Beneficiary: [insert name and Address of Employer] Date: [Insert date of issue] PERFORMANCE GUARANTEE No.
: [Insert guarantee reference number] Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead] We have been informed that _ [insert name of Contractor, which in the case of a joint venture shall be the name of the joint venture] (hereinafter called "the Applicant") has entered into Contract No.
[insert reference number of the contract] dated [insert date] with the Beneficiary, for the execution of _ [insert name of contract and brief description of Works] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures] (______) [insert amount in words],1 such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the ….

Day of ……, 2… 2, and any demand for payment under it must be received by us at this office indicated above on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No.

758, except that the supporting statement under Article 15(a) is hereby excluded.
_____________________ [signature(s)] Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.
Performance Security Option 2: Performance Bond By this Bond [insert name of Principal] as Principal (hereinafter called “the Contractor”) and [insert name of Surety] as Surety (hereinafter called “the Surety”), are held and firmly bound unto [insert name of Employer] as Obligee (hereinafter called “the Employer”) in the amount of [insert amount in words and figures], for the payment of which sum well and truly to be made in the types and proportions of currencies in which the Contract Price is payable, the Contractor and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
, 20 WHEREAS the Contractor has entered into a written Agreement with the Employer dated the day of , for [name of contract and brief description of Works] in accordance with the documents, plans, specifications, and amendments thereto, which to the extent herein provided for, are by reference made part hereof and are hereinafter referred to as the Contract.
NOW, THEREFORE, the Condition of this Obligation is such that, if the Contractor shall promptly and faithfully perform the said Contract (including any amendments thereto), then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
Whenever the Contractor shall be, and declared by the Employer to be, in default under the Contract, the Employer having performed the Employer’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly: (1) complete the Contract in accordance with its terms and conditions; or (2) obtain a Bid or Bids from qualified Bidders for submission to the Employer for completing the Contract in accordance with its terms and conditions, and upon determination by the Employer and the Surety of the lowest responsive Bidder, arrange for a Contract between such Bidder and Employer and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the Balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.
The term “Balance of the Contract Price,” as used in this paragraph, shall mean the total amount payable by Employer to Contractor under the Contract, less the amount properly paid by Employer to Contractor; or (3) pay the Employer the amount required by Employer to complete the Contract in accordance with its terms and conditions up to a total not exceeding the amount of this Bond.

The Surety shall not be liable for a greater sum than the specified penalty of this Bond.
Any suit under this Bond must be instituted before the expiration of one year from the date of issue of the Certificate of Completion.

No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Employer named herein or the heirs, executors, administrators, successors, and assigns of the Employer.
In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and the Surety has caused these presents to be sealed with his corporate seal duly attested by the signature of his legal representative, this day of 20 Signed by: Signed by: _______________________ _________________________ for and on behalf of the Employer for and on behalf the Contractor in the presence of: in the presence of: _________________________ ___________________________ Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date Advance Payment Security Demand Guarantee [Guarantor letterhead or SWIFT identifier code] Beneficiary: [Insert name and Address of Employer] Date: [Insert date of issue] ADVANCE PAYMENT GUARANTEE No.
: [Insert guarantee reference number] Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead] We have been informed that [insert name of Contractor, which in the case of a joint venture shall be the name of the joint venture] (hereinafter called “the Applicant”) has entered into Contract No.
[insert reference number of the contract] dated [insert date] with the Beneficiary, for the execution of [insert name of contract and brief description of Works] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum [insert amount in figures] () [insert amount in words] is to be made against an advance payment guarantee.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures] ( ) [insert amount in words]1 upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating either that the Applicant: has used the advance payment for purposes other than the costs of mobilization in respect a. of the Works; or has failed to repay the advance payment in accordance with the Contract conditions, b. specifying the amount which the Applicant has failed to repay.
A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate from the Beneficiary’s bank stating that the advance payment referred to above has been credited to the Applicant on its account number [insert number] at [insert name and address of Applicant’s bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Applicant as specified in copies of interim statements or payment certificates which shall be presented to us.
This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment certificate indicating that ninety (90) percent of the Accepted Contract Amount, less provisional sums, has been certified for payment, or on the [insert day] day of [insert month], 2 [insert year],2 whichever is earlier.

Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No.

758, except that the supporting statement under Article 15(a) is hereby excluded.

____________________ [signature(s)] Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.
ANNEX 7: Letter of Acceptance of the World Bank’s Anticorruption Guidelines and Sanctions Framework Date: To: ___________________________________________________________________________ Invitation of Bids/Proposals No.__________ We, along with our sub-contractors, sub-consultants, service providers, suppliers, agents (whether declared or not) consultants and personnel, acknowledge and agree to abide by the World Bank’s policy regarding Fraud and Corruption (corrupt, fraudulent, collusive, coercive, and obstructive practices), as set out and defined in the World Bank’s Anti-Corruption Guidelines in connection with the procurement and execution of the contract (in case of award), including any amendments thereto.
We declare and warrant that we, along our sub-contractors, sub-consultants, service providers, suppliers, agents (whether declared or not), consultants and personnel, are not subject to, and are not controlled by any entity or individual that is subject to, a temporary suspension, early temporary suspension, or debarment imposed by a member of the World Bank Group, including, inter alia, a cross-debarment imposed by the World Bank Group as agreed with other international financial institutions (including multilateral development banks), or through the application of a World Bank Group finding of non- responsibility on the basis of Fraud and Corruption in connection with World Bank Group corporate procurement.
Further, we are not ineligible under the laws or official regulations of [Insert name of Employer as per bidding document] or pursuant to a decision of the United Nations Security Council.
We confirm our understanding of the consequences of not complying with the World Bank’s Anti- Corruption Guidelines, which may include the following: a. rejection of our Proposal/Bid for award of contract; in the case of award, termination of the contract, without prejudice to any other remedy for breach b. of contract; and c. sanctions, pursuant to the Bank’s Anti-Corruption Guidelines and in accordance with its prevailing sanctions policies and procedures as set forth in the Bank’s Sanctions Framework.
This may include a public declaration of ineligibility, either indefinitely or for a stated period of time, (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner; (ii) to be a nominated sub-contractor, sub-consultant, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project.
We understand that we may be declared ineligible as set out above upon: completion of World Bank Group sanctions proceedings according to its prevailing sanctions a. procedures; cross-debarment as agreed with other international financial institutions (including multilateral b. development banks); the application of a World Bank Group finding of non-responsibility on the basis of Fraud and c. Corruption in connection with World Bank Group corporate procurement; or temporary suspension or early temporary suspension in connection with an ongoing World Bank d. Group sanctions proceeding.
For avoidance of doubt, the foregoing effects of ineligibility do not extend to a sanctioned firm’s or individual’s execution of its ongoing Bank-financed contracts (or its ongoing sub-agreements under such contracts) that are not the subject of a material modification, as determined by the Bank.
We shall permit, and shall cause our sub-contractors, sub-consultants, agents (whether declared or not), personnel, consultants, service providers or suppliers, to permit the Bank to inspect all accounts, records, and other documents relating to the procurement process and/or contract execution (in the case of award), and to have them audited by auditors appointed by the Bank.
We agree to preserve all accounts, records, and other documents (whether in hard copy or electronic format) related to the procurement and execution of the contract.

Name of the Bidder/Proposer/Consultant: Name of the person duly authorized to sign the Bid/Proposal on behalf of the Bidder/Proposer/ Consultant: Title of the person signing the Letter: ANNEX 8: DRAWINGS (Attached Separately)