Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696588775804.pdf (Vanuatu)
REQUEST FOR TENDER (RFT) WORKS RFT NUMBER: 03/18/WK/RFT/EF/BU/M4C/SPGC DESCRIPTION: Construction of New Market House at Melemat Village in Efate EMPLOYER: Ministry of Internal Affairs PMB 9036, Port Vila, Vanuatu TENDER SUBMISSION ADDRESS: Office of the Central Tenders Board Ministry of Finance and Economic Management S.I.P.

Building PMB 9058 Port Vila.
Vanuatu SUBMISSION DATE & TIME: 10:00am, 18 September 2018 OPENING DATE: 2:00pm, 18 September 2018 1 REQUEST FOR TENDER TABLE OF CONTENTS LETTER OF INVITATION .................................................................................................. 3 SECTION 1 - GENERAL CONDITIONS OF TENDERING (GCT) ...................................... 5 SECTION 2 - SPECIAL CONDITIONS OF TENDERING ..................................................15 SECTION 3 - EMPLOYER’S TECHNICAL SPECIFICATIONS .........................................18 SCHEDULE OF WORKS Introduction 18 Background 18 18 Project Location & Site Layout.......................................................................................18 Site Visit ........................................................................................................................18 Scope Of Work ..............................................................................................................18 Drawings .......................................................................................................................27 Standards of Work .........................................................................................................27 Current Site Conditions .................................................................................................27 Quality Management .....................................................................................................27 Project Administration ...................................................................................................27 Work Health and Safety.................................................................................................28 Environmental ...............................................................................................................28 Child and Gender Protection .........................................................................................29 Handover & Completion ................................................................................................29 Attachment 1: Site Location and Layout ........................................................................30 Attachment 2: Drawings .................................................. Error!
Bookmark not defined.

Attachment 3: Site Photographs ...................................... Error!

Bookmark not defined.
Attachment 4: Inspection and Test Plan ........................................................................42 SECTION 4 - TENDER RESPONSE SCHEDULES ..........................................................50 SECTION 5 - GENERAL CONDITIONS OF CONTRACT .................................................60 SECTION 6 - SPECIAL CONDITIONS OF CONTRACT ...................................................73 SECTION 7 - FORMS .......................................................................................................75 2 LETTER OF INVITATION To: Potential Bidder RFT No.
03/18/WK/RFT/EF/BU/M4C/SPGC Date Issued Validity of Tender Location of Works Completion Date 20 September 2018 90 days Melemat Village, Efate 8 Weeks from signing contract 10:00 am, 18 September 2018 Submission Date and Time (VANUATU Local Time) Opening date and time: Works Required: The project involves the construction of the new market house at Melemat in Efate.

This involves the construction of market benches toilets and shower plus a disable toilet.
PURCHASER Project Code 2:00 pm, 18 September 2018 18A824 You are invited to submit a Tender in response to this Request for Tender (RFT).

The Works are being procured by the Ministry of Internal Affairs through the Department of Local Authorities on behalf of Shefa Provincial Government (the “Employer”).

The completed Tender must be signed by your authorised representative and must be valid for a minimum period as indicated above from the Closing Date of the RFT.
This Tender is open to all Tenderers who wish to respond to the RFT.

Tenderers may only associate with each other either under a consortium, joint venture or association relationship, or under a sub-contractual agreement to complement their respective areas of supply to enhance their capacity to perform the Works.
This Invitation to Tender comprises of: Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 General Conditions of Tendering Special Conditions of Tendering Employer’s Technical Specifications Tender Response Schedules General Conditions of Contract Special Conditions of Contract Forms It is critical that all Tenderers undertake a site visit of the intended project site and familiarise themselves of the project details and requirements.
A Contractor will be selected using the evaluation procedure described in the RFT.

Payments made against any Contract arising from this Tender will be made in the currency of the Tender and the Contract.

3 The Employer reserves the right to accept or reject any Tender, and to cancel the Tender process and reject all Tenders, at any time prior to the award of Contract, without thereby incurring any liability to the affected Tenderer(s).
Instructions on how to respond to the Tender are provided in this RFT.

Please submit your Tender by mail, courier or hand delivered to the address stated on the cover page of the RFT in a sealed envelope/ package, marked as requested in this RFT.

Your Tender must be received before the Closing Date and Time for submission of Tenders.

Tenders received after this deadline shall not be considered and shall be rejected.
Signed: Name: Cherol Ala Ianna Title / Position: Director General Address: Ministry of Internal Affairs PMB 036 Port Vila (for and on behalf of the Purchaser) 4 SECTION 1 - GENERAL CONDITIONS OF TENDERING (GCT) TABLE OF CONTENTS 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 6 7 9 PREPARATION OF TENDERS VALIDITY OF TENDER ELIGIBILITY OF THE TENDERER, EQUIPMENT AND SERVICES QUALIFICATIONS OF THE TENDERER 8 CORRUPT OR FRAUDULENT PRACTICES PRE-TENDER MEETING, CLARIFICATIONS AND ADDENDA 9 TENDER PRICES, CURRENCIES, PAYMENTS AND TAXES SUBCONTRACTORS THE RIGHT TO VARY QUANTITIES TENDER SECURITY TENDER SUBMISSION AND OPENING 11 EXAMINATION AND EVALUATION OF TENDERS ACCEPTANCE OR REJECTION OF ANY OR ALL TENDERS 13 APPROVAL AND NOTIFICATION OF CONTRACT AWARD 13 PERFORMANCE SECURITY DEBRIEFING OF UNSUCCESSFUL TENDERERS SIGNING OF CONTRACT 14 DISPUTES AND SETTLEMENTS 14 10 14 11 10 10 10 13 7 5 GENERAL CONDITIONS OF TENDER 1.1 PREPARATION OF TENDERS 1.1.1.
The Employer invites Tenders for the construction of Works as described in the Employer’s Technical Specifications (See Section 3) of this RFT.

The Tenderer shall inform itself fully of all circumstances and conditions relating to submitting a Tender, including site visits if appropriate, and shall satisfy itself as to the correctness and sufficiency of the RFT documentation.

1.1.2.
1.1.2.

The estimated timeframe for commencement and completion of the Works is given in the Special Conditions of Tendering (SCT) (See Section 2).

1.1.3.

The Tenderer shall prepare its Tender using the Tender Response Schedules (TRS) as detailed in the SCT.

In case of a consortium, association or joint venture, each member shall complete the TRS.
The completed and signed TRS, together with the required supporting documentation will form the Tender and shall be the basis on which the Tender will be evaluated.

1.1.4.

The Tenderer shall provide with the tender the following: (a) Proposed Work Method Statement and Construction Programme, giving descriptions, drawings, charts, as necessary, to comply with the requirements of the Employer’s Technical Specifications.
Any Tender that is not submitted with a proposed Work Method Statement and Construction Programme will be regarded as non-responsive and shall be rejected; (b) One only of the following as stated in the SCT: i. ii.

In the case of the basis of payment under the contract being the actual quantities of work ordered and carried, a Bill of Quantities In the case of the basis of payment under the Contract being the tendered lump sum, a Schedule of Activities.
The preamble and instructions for completing a Bill of Quantities or a Schedule of Activities, as required, are contained in Section 3, the Employer’s Technical Specifications.

1.1.5.

A Tenderer who submits or participates as a member of a Consortium, Joint-Venture or association in more than one Tender will cause all the Tenders with that Tenderer’s participation to be disqualified.

However, any firm or organisation is permitted to be a sub-contractor to more than one Tenderer.

1.1.6.
1.1.6.

Alternative Tender(s) shall only be permitted if so stated in the SCT.

1.1.7.

The Tenderer shall prepare one original and three copies of the TRS, prepared in the English language.
The Tenderer shall enclose the original and the copies, attaching the relevant documents as required by the TRS in one sealed envelope (or parcel) and clearly mark it with the RFT Works number, the Tender description and the name and address of the Employer, the Tenderer’s name and address, and the submission time and date.

The outer envelope must also bear the statement “Not to be opened before the tender opening session”.

1.1.8.
1.1.8.

The Tenderer may withdraw its Tender before the deadline for submission of Tenders by submitting a notice of withdrawal.

The notice must be submitted in an envelope 6 identifying the Works RFT and clearly labelled “Withdrawal of Tender”.

The withdrawal will be announced at the Tender Opening, but the withdrawn Tender will not be opened nor further considered.

1.1.9.

The Tenderer may amend its Tender before the deadline for submission of Tenders by submitting a notice of amendment.
The notice, and amended Tender, must be submitted in an envelope identifying the RFT and clearly labelled “Amendment of Tender”.

The amended Tender will be opened and announced at the Tender Opening and considered in the subsequent evaluation of Tenders.

1.1.10.

The Employer will not be responsible for, or pay for, any expense or loss, which may be incurred by a Tenderer in the preparation and submission of its Tender.

1.1.11.
1.1.11.

The Employer may, at its discretion, extend the deadline for the submission of Tenders by amending the Tender Document in accordance with Section 1.6.3 in which case all rights and obligations of the Employer and Tenderers previously subject to the deadline shall thereafter be subject to the deadline as extended.

1.1.12.

An authorised representative of the Tenderer shall sign the original Tender.
The authorisation shall be in the form of a written power of attorney accompanying the Tender or in any other form demonstrating that the representative has been duly authorised to sign and legally bind the Tenderer.

1.2 VALIDITY OF TENDER 1.2.1.

The Tender shall remain valid for the validity period stated in the SCT from the closing date for Tenders.

In exceptional circumstances, the Employer may request that Tenderers extend the Tender validity period.
The request and the Tenderer’s response shall be made in writing.

The Tenderer may refuse the request, but its Tender will no longer be considered.

The Tenderer agreeing to the request will not be required or permitted to otherwise modify its Tender for the period of the extension.

1.3 ELIGIBILITY OF THE TENDERER, EQUIPMENT AND SERVICES 1.3.1.
A Tenderer may be a natural person, private entity, or government-owned entity or any combination of them in the form of a joint venture, consortium or association, under an existing agreement, or with the intent to constitute a legally enforceable joint venture, consortium or association.

Government-owned enterprises in Vanuatu may only participate if they are legally and financially autonomous, operate under commercial law, and are not a dependent entity of the Government.

1.3.2.
1.3.2.

All members of a joint venture, consortium or association (other than sub-contractors) shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms.

The joint venture, consortium or association agreement shall explicitly provide for the joint and several liability of the members towards the Employer.

The joint venture, consortium or association agreement shall be included with the tender.

1.3.3.
1.3.3.

Except as provided for in Clause 1.3.4 Tenderers shall not be excluded from tendering on the basis of nationality, degree of foreign affiliation or ownership, location, size, race 7 or other criterion, not having to do with their qualifications or decisions taken against any Tenderer under Clause 1.4.

1.3.4.
1.3.4.

The Tenderer, including all members constituting the Tenderer, shall not have the nationality of any country that is prohibited by the legislation of the Republic of Vanuatu or by any international Agreement to which Vanuatu is a signatory, or 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.

These countries and any applicable conditions are listed in the SCT.


1.3.5.

Materials, equipment and services must not be supplied from those countries that are prohibited by the legislation of the Republic of Vanuatu or by any international Agreement of which the Republic of Vanuatu is a signatory, or 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.
These countries and any applicable conditions are listed in the SCT.

1.3.6.

If the Tenderer is a joint venture, consortium or association (this does not include sub- contractors) all of the members shall appoint one member to act as the Member-in- Charge with authority to bind the joint venture, consortium or association.

The composition or the constitution of the joint venture, consortium or association shall not be altered without the prior consent of the Employer.

1.3.7.
The Tenderer must meet the following eligibility criteria: (a) Must be registered in its country of origin; (b) Be free from insolvency, bankruptcy or similar status; (c) Have the legal capacity to enter into contract; (d) Be current with payments of taxes; (e) Not be ineligible pursuant to Clause 1.5; (f) The Tenderer and any director, officer, manager or supervisor of the Tenderer has not, within a period of 3 years preceding the date of issuance of the invitation to Tender been convicted of any criminal offence, whether in Vanuatu or elsewhere: (i) Relating to his professional conduct; (ii) Relating to the making of false statements or misrepresentations as to his qualifications to enter into a procurement contract; (iii) (iv) Involving dishonesty; Under anti-corruption legislation; and (g) Not be suspended or disbarred by administrative or judicial proceedings from participating in procurements, whether in Vanuatu or elsewhere.
1.4 QUALIFICATIONS OF THE TENDERER 1.4.1.

To qualify for an award of Contract, Tenderers shall demonstrate that they possess the necessary professional and technical qualifications and competence, financial resources, equipment and other physical facilities, managerial capability, experience in the type of Works that are the object of this RFT business reputation and personnel to perform the Contract.

1.4.2.

Tenderers shall meet the following minimum qualifying criteria.
(a) Have an average turnover of construction work in the last three years of at least the amount specified in the SCT; 8 (b) (c) (d) (e) (f) Provide three examples of work of a similar nature and complexity completed in the last three years; Availability of minimum liquid assets or working capital or credit facilities from a Bank, as specified in the SCT; Provide a suitable Site Manager with the qualifications stated in the SCT, and with experience in works of an equivalent nature and volume, a minimum experience as a Site Manager over the period stated in the SCT; Provide a list of key equipment for the completion of the works with proposals for its timely acquisition (own, lease, hire, etc.
); the required minimum equipment is provided in the SCT; Any other criteria as specified in the SCT.

1.4.3.

The Employer shall disqualify a Tenderer: (a) If it finds that the information submitted in a Tender concerning its qualifications is false, misleading, inaccurate or materially incomplete, or (b) Whose Tender has previously been rejected by the Employer under Clause 1.5.4 below, or under Clause 5.13.1 of the General Conditions of Contract (GCC).

1.5 CORRUPT OR FRAUDULENT PRACTICES 1.5.1.


The Employer requires that Tenderers observe the highest standard of ethics during the procurement proceedings and the execution of contracts.

1.5.2.

The Employer defines corrupt, fraudulent, collusive, coercive or obstructive practices, for the purpose of this provision in Clause 5.13.1 of the General Conditions of Contract (GCC).

1.5.3.
1.5.3.

Should any corrupt, fraudulent, collusive, coercive or obstructive practice of any kind come to the knowledge of the Employer, it shall, in the first place, allow the Tenderer to provide an explanation and shall take actions as below when a satisfactory explanation is not received.

1.5.4.
1.5.4.

In pursuance of this requirement, the Employer will, in the absence of an explanation that is satisfactory to the Employer, reject a Tender if it determines that the Tenderer recommended for award has, directly or through an agent or other third party, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the contract in question.

1.6 PRE-TENDER MEETING, CLARIFICATIONS AND ADDENDA 1.6.1.
If any Pre-Tender/Site Meeting is to be held, the time, date and location will be stated in the SCT.

1.6.2.

The Tenderer may seek clarifications of the RFT by contacting in writing the Employer named in the SCT, no later than 10 days before the Tender submission closing date.
The Employer shall send its response simultaneously to all Tenderers in writing, without disclosing the identity of the Tenderer requesting the clarification, or the identity of the other tenderers, no later than 7 days before the Tender submission closing date.

1.6.3.

If for any reason the RFT has to be amended, the Employer will modify it by issuing an Addendum in writing, which should be acknowledged in writing by the Tenderer.
The Tenderer should note that such an Addendum will form part of the RFT and may, if required, cause an extension of the tender submission closing date and time.

9 1.7 TENDER PRICES, CURRENCIES, PAYMENTS AND TAXES 1.7.1.

The Tenderer must provide with the tender a completed Bill of Quantities or Schedule of Activities as stated in the SCT giving full prices with its tender.

1.7.2.
1.7.2.

Prices shall be stated in Vanuatu Vatu (VUV) or, if requested in the SCT any freely convertible currency and all payments made under the Contract shall be made in the currency(ies) stated in the Tender.

1.7.3.

Taxes and duties shall be as stated in the SCT.

1.8 SUBCONTRACTORS 1.8.1.


If the Tenderer proposes to subcontract any component comprising more than 10% of the value of the Works, the Tenderer shall provide details of the proposed subcontractors, indicating the proposed part of the Works to be subcontracted and the previous relevant experience of that subcontractor, including a statement that the proposed subcontractor(s) is/are eligible under the conditions of the RFT and qualified to perform that part of the works.
Additionally, such subcontractors shall complete the TRS and provide with the tender supporting documentation as detailed in the SCT (if these are not required of subcontractors, the SCT will explicitly state).
1.9 THE RIGHT TO VARY QUANTITIES 1.9.1 At the time the Contract is awarded the Employer reserves the right to increase or decrease the quantities, provided this does not exceed the percentage stated in the SCT, and without any change in the unit costs quoted in the Tender, and in accordance with the other terms and conditions in the RFT.

1.10 TENDER SECURITY 1.10.1.

If a Tender Security is required, it shall be in the amount and currency stated in the SCT.
The Tenderer has the option of submitting it either by means of: (a) A bankers cheque; or (b) An unconditional Bank Guarantee, in the format shown in Section 7.

1.10.2.

The Tender Security shall be valid for 30 days beyond the original Tender validity period, or for 30 days beyond any extended Tender validity period, if one has been requested 1.10.3.

The original of the Tender Security shall be included with the TRS, photocopies will not be accepted.
If a Tender Security is required, any Tender not accompanied by a Tender Security will be rejected by the Employer.

1.10.4.

The Tender Security of the successful Tenderer will be discharged when the successful Tenderer has signed the Contract Agreement and the required Performance Security has been received by the Employer.

10 1.10.5.
10 1.10.5.

The Tender Security for unsuccessful Tenderers will be returned upon expiry of the term of the security or formation of a contract with the successful tender and submission by the successful Tenderer of any required Performance Security, whichever is earlier.

1.10.6.
1.10.6.

The Tender Security may be forfeited if: (a) Any Tenderer withdraws its Tender during the period of tender validity specified in Clause 1.2; or does not accept the correction of arithmetical errors; or (b) The successful Tenderer fails to provide a Performance Security, if required to do so by Clause 1.14; or to sign a contract in accordance with Clause 1.16.

1.11 TENDER SUBMISSION AND OPENING 1.11.1.


Tenders may only be delivered by hand, mail or by courier service in a sealed envelope/ package, marked as requested in the SCT, at the address, and, not later than, the time and date stated on the cover page of the RFT.

1.11.2.

Tenders shall be opened at the place of submission stated on the cover page of the RFT, immediately after the time for submission of Tenders, in the presence of the Tenderers and/or their representatives who choose to attend.

1.11.3.
1.11.3.

The name and address of the Tenderer submitting the Tender together with the tendered total cost shall be read out and recorded.

The Tender will be checked to ensure all required documents are present.

If required as per Clause 1.9.1 the presence of the Tender Security will also be checked and the result read out.

1.11.4.

A record of the Tender Opening will be prepared, including the information disclosed during the opening.
Copies of the Record will be provided to all Tenderers who submitted a Tender.

1.11.5.

A Tender received after the deadline for submission will be rejected, will remain unopened, and may be collected by the Tenderer if it so wishes.

If not collected within 3 months of the Tender closing date it will be disposed of.

1.12 EXAMINATION AND EVALUATION OF TENDERS 1.12.1.


All Tenders properly received shall be evaluated by a Technical Officer appointed by the Chairperson of the Tenders Board on behalf of the Employer.

The Technical Officer’s determination of a Tender’s compliance shall be based upon the contents of the Tender itself.

1.12.2.

The Technical Officer shall evaluate the Tender on behalf of the Employer on the basis of its compliance to the Technical Specifications (see Section 3).

1.12.3.
1.12.3.

To assist in the examination, evaluation and comparison of Tenders, the Technical Officer may: (a) Ask Tenderers for written clarification of their Tenders including breakdown of costs, but no change in the cost or substance of the Tender will be sought, offered, or permitted except as required to confirm the correction of arithmetical errors discovered by the Technical Officer during the evaluation of Tenders.

The Tenderer shall within the time specified comply with any such requests.
(b) Make corrections for any computational errors.

Corrections of computational errors will be made as indicated at Clause 1.11.5 below.

For purpose of evaluating Financial Proposals, all prices quoted shall be converted into VUV 11 using the selling rate of the Reserve Bank of the Republic of Vanuatu at the closing date for submission of the Tenders.

1.12.4.
1.12.4.

Any attempt by a Tenderer to influence the Technical Officer evaluation of Tenders or the CTB’s award decisions will result in the rejection of its Tender.

1.12.5.

Preliminary Examination Prior to the detailed evaluation of Tenders, the Technical Officer will determine whether each Tender: (a) (b) (c) (d) Has been properly signed; Is from an eligible Tenderer; Is accompanied by the required Tender Security; and Has been completed in accordance with the RFT.

1.12.6.
1.12.6.

Detailed Evaluation (1) Each Tender will be subjected to a detailed examination to determine whether it is substantially responsive in that it adequately meets: (a) The minimum specified qualifying criteria; and (b) The minimum employer’s technical specifications; and © The completed Tender Response Schedules provided in Section 4 of the RFT, as required in the GCT and SCT, accompanied by the required supporting documentation required in the RFT.
(2) A substantially responsive Tender is one which conforms to all the terms, conditions and specifications of the RFT, without material deviation or reservation.
A material deviation or reservation is one that: (a) Affects in any substantial way the scope, quality, or performance of the Works specified in the Employer’s Technical Specifications; (b) (c) Limits in any substantial way the Employer’s rights or the Tenderer’s obligations under the Contract; If rectified would affect unfairly the competitive position of other Tenderers presenting substantially responsive Tenders.
(3) If a Tender is not substantially responsive it will be rejected by the Technical Officer and may not subsequently be made responsive by the Tenderer by correction or withdrawal of the nonconforming deviation or reservation.

1.12.7.

Financial Examination (1) Only those Tenders that are considered substantially responsive will be considered for financial evaluation.
(2) The Technical Officer will determine for each Tender the evaluated Tender price by adjusting the Tender price as follows: a) Making any corrections for arithmetical errors; 12 (i) Where there is a discrepancy between the amounts in figures and in words the amount in words will govern; (ii) In the case of a Bill of Quantities where there is a discrepancy between the unit rates and the line item total resulting from multiplying the unit rate by the quantity, the unit rate quoted will govern; (iii) In the case of a Schedule of Activities the total price offered will govern; b) Making appropriate adjustments to reflect discounts (if any).
(3) Following this, the Technical Officer will compare all evaluated Tenders and rank them accordingly, with the lowest priced technically compliant (substantially responsive) Tender being ranked No.

1, and so on.

(4) For evaluation and comparison purposes only, and if multiple currencies where allowed in tendering, all prices quoted shall be converted into VUV using the VUV selling rate of the Reserve Bank of Vanuatu, at the closing date for submission of the Tenders.
1.13 ACCEPTANCE OR REJECTION OF ANY OR ALL TENDERS 1.13.1.

The Employer reserves the right to accept or reject any Tender, and to cancel the Tender process and reject all Tenders, at any time prior to the award of Contract, without thereby incurring any liability to the affected Tenderer(s).

1.14 APPROVAL AND NOTIFICATION OF CONTRACT AWARD 1.14.1.

The Contract will be awarded to the Tenderer whose Tender is substantially responsive and offers the lowest price.

1.14.2.
1.14.2.

Following the approval of the award the award decision shall be notified to all participating tenderers and no contract may be entered before 10 days have elapsed from the date of such notification.

1.15 PERFORMANCE SECURITY 1.15.1.

Together with the Contract the successful Tenderer shall deliver to the Employer, if required by the SCT, a Performance Security in the amount and for the period stated in the SCT, in the format specified in Section 7.
The Performance Security shall be issued by an institution/authority acceptable to the Employer.

1.15.2.

Failure of the successful Tenderer to submit a Performance Security will constitute sufficient grounds for the cancellation of the award.

1.15.3.
1.15.3.

In such an event, the Employer shall award the Contract to the next lowest evaluated Tenderer whose Tender is substantially responsive and has been determined by the Employer to be eligible and qualified to satisfactorily perform the Contract, subject to the Employer’s right to reject all Tenders in accordance with Clause 1.13.

13 1.16 DEBRIEFING OF UNSUCCESSFUL TENDERERS 1.16.1.
Within 5 days of receipt of a written request by any unsuccessful Tenderer, but not before a contract is signed with the successful tenderer, the Employer shall communicate the reasons why its Tender was not successful.

1.17 SIGNING OF CONTRACT 1.17.1.

5 days after the notification of the award decision to all participating tenderers the Employer shall send to the successful Tenderer two (2) sets of the unsigned Contract.

1.17.2.
1.17.2.

The successful Tenderer may be required to provide documentation, or additional documentation, evidencing its qualifications prior to Contract signature.

1.17.3.

Within 5 days of receipt of the two (2) sets of the Contract Agreement the successful Tenderer shall sign, date and return both to the Employer.

1.17.4.

The delegated representative of the Government of Vanuatu on behalf of the Employer will sign both Contracts and return one to the Tenderer.

1.18 DISPUTES AND SETTLEMENTS 1.18.1.


The Parties agree that the avoidance or early resolution of disputes is crucial for a smooth execution of the Contract and the success of the assignment.

The Parties shall use their best efforts to negotiate all disputes arising out of, or in connection, with this Contract or its interpretation.

1.18.2.

Failing successful negotiation any disputes will be settled by the courts in Vanuatu.
14 SECTION 2 - SPECIAL CONDITIONS OF TENDERING These Special Conditions of Tender (SCT) apply to this Request for Tender (RFT) and supplement Section 1: General Conditions of Tendering.

Tender Number: Tender Name: 03/18/WK/RFT/EF/BU/M4C/SPGC Construction of new Market House at Melemat Village, Efate.

Clause Ref.
Clause Ref.

1.1.2 1.1.3 1.1.4 1.1.6 1.2 1.3.4 & 1.3.5 1.3.7 Heading Description Contract signing is proposed to occur on the beginning of September 2018 Construction period for the completion of the works is 8 weeks The tenderer is to complete tender response schedules: 1, 1.1, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10 & 2.11.
Estimated timeframe for commencement and completion Tender Response Schedules and other required documentation Basis of payment under the Contract and the type of document required Alternative tenders Alternative Tenders are not allowed Validity of Tender Prohibited countries Documentation to demonstrate that eligibility criteria are met 90 days from closing date Not applicable As specified in tender schedule 1.9.
The basis of payment under the contract is the tendered lump sum and the document required to be completed and included with the Tender is a Schedule of Activities.

1.4.2 (a) Qualification criteria 1.4.2 (c) Qualification criteria 1.4.2 (d) Site Manager The minimum required annual volume of construction work for the last year shall be equivalent to VUV10million.
[If the accounting system / financial accounts or reports of the tenderer are in a currency different from VUV, then the exchange rate(s) that shall be used by tenderers for conversion purposes shall be as per the Reserve Bank of Vanuatu on the day of tender close.

The minimum amount of liquid assets or working capital or credit facility is VUV2million.
If the amount is expressed in the accounting system / financial accounts or reports of the Tenderer or any other relevant documents in a currency different from VUV, then the Tenderer shall convert the amounts into VUV using the VUV selling rate of the Reserve Bank of Vanuatu, on the date that is 14 days prior to the closing date for submission of the Tenders.
The qualifications of the Site Manager shall be: Diploma Construction Engineering Management or related discipline or INTV Level 2 certificate in carpentry, construction, construction management or relevant field.

15 Clause Ref.
15 Clause Ref.

Heading Description 1.4.2(e) Minimum Equipment required 1.4.2(f) Other qualification Criteria 1.4.2(f) Other Qualification Criteria 1.4.2 1.6.1 1.6.2 Documentation to demonstrate that qualifying criteria are met Pre-Tender/ Site Meeting Contact Person for clarifications The minimum experience of the Site Manager in works of an equivalent nature and volume shall be 10 years with a minimum of 5 years as a Manager.
Minimum equipment required shall carpentry tools, plumbing tools, concreting tools.

The other qualification criteria to be applied will be: 1.

Have a minimum of five years of general construction experience.

2.

Have no previous history of terminations, or breach of contract 3.

Have no previous history of non-performance, or poor past performances in terms of quality control, or safety or timely execution of Services 4.

Demonstrate to have the equipment required for performing the works.

5.
5.

Illustrate an understanding of the project through the submission of a works methodology and Gantt Chart.

6.

Understanding and demonstrated experience in safety management required for a project such as this.

7.

Safety and Environmental Management Plan / statement showing that company has current systems and procedures to manage safety and environmental effects of the project.
Tenderers must verify that they are complying with Vanuatu Tax laws relating to VAT by submitting a letter from the Customs Office to Verify that they are up to date with their VAT payments.

As per Tender Submission schedule 2.9.


Date: 26/09/18 Venue: DoLA Conference Room The Contact person appointed by the Employer is: Jackson Kamoe Infrastructure Engineer Market for Change MPH: 7712751, 7741981 Email: jackson.kamoe@unwomen.org 1.7.1 1.7.2 Bill of Quantities or Schedule of Activities Currency Schedule of Activities VUV (Vatu) 16 Heading Description Clause Ref.
1.7.3 Taxes and Duties 1.8 Subcontracting All works are to be VAT inclusive for materials imported directly for the implementation of the project under the Market for Change.

Subcontractors are required to fill in TRS 2 and provide with the tender the Documents proving the qualifications and experience of the personnel undertaking the sub- contracting works (Attach CV for the Nominee).

1.9 1.10.
1.11 Variation in Quantities Tender Security Marking of Tender All Tenders to be marked as follows: No Tender Security required Up to 10% CONFIDENTIAL: 03/18/WK/RFT/EF/BU/M4C/SPGC Construction of New Market House at Melemat, Efate Office of the Central Tenders Board Ministry of Finance and Economic Management PMB 9058 Top Floor S.I.P Building Rue Pasteur Port Vila SUBMISSION DATE & TIME: 10am – 18 September 2018 “Not to be opened before the tender opening session” No Performance Security is required.
As per GCT As per GCT 1.15.

1.16.1 1.17.1 &1.17.3 Performance Security Debriefing of unsuccessful tenderers Signing of the Contract 17 SECTION 3 - EMPLOYER’S TECHNICAL SPECIFICATIONS SCHEDULE OF WORKS Introduction This tender/contract is for the construction of the Melemat Market House.

The Contract is a Lump Sum including all items required to complete the works including management and administration, fabrication, supply and transport of materials, labour, tools and equipment, profit, etc.
Background UN Women, grounded in the vision of equality enshrined in the Charter of the United Nations, works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security.
The UN Women Pacific sub-region has four main thematic areas:  Ending Violence against Women (EVAW);  Women’s Economic Empowerment (WEE) which includes the Markets for Change project (M4C);  Humanitarian Response and Disaster Risk Reduction; and  Women’s Political Empowerment and Leadership.
UN Women’s Markets for Change (M4C) Project is a six-year initiative that focuses on ensuring that marketplaces in rural and urban areas in Fiji, Solomon Islands and Vanuatu promoting gender equality and women’s empowerment.
Given that between 60-80% of market vendors are women, with many more women reliant on market produce, the project’s goal is to ensure that marketplaces in rural and urban areas are safe, inclusive and non-discriminatory, promoting the gender, social and economic empowerment of market vendors, with specific attention to the needs and aspirations of women market vendors.
M4C has four main outcome areas: the creation of representative groups in marketplaces, a focus on economic security, the strengthening of local government institutions, procedures and development approach, and the design and building of gender-responsive infrastructure.
Project interventions aim to ensure that market vendors will be able to influence decision- making on market management and resource allocation, supporting the economic and social empowerment of market vendors, and the advancement of women market vendors.

M4C works with 12 market sites in Fiji, 3 sites in Solomon Islands and 3 Municipal and 5 Ring Road markets in Vanuatu.

Project Location & Site Layout The project site is located in Melemat, Efate, Shefa Province.
The site location and site layout are shown in Attachment 1.

Site Visit The tenderer is recommended to undertake a site visit to familiarise themselves with the site prior to submitting a tender submission for this project.

Scope Of Work The Project (Contract) Works are defined by the following documents: 1.

The Scope of Work (Attachment 1) 2.

Bill of quantities (Attachment 2) 18 3.


The Drawings (Attachment 3) Attachment 1 – The Scope of Works Item Component Mobilisation / 1 Establishment Construction Management Work Health & Safety and Environmental Management Description of Activities This item is to include the following: A.

Undertake a project start-up meeting with Project Manager.

Clarify works requirements.

B.

Move all personnel, equipment and materials to site.
C. Provide temporary facilities on site for the proper disposing of construction waste.

D. Provide physical security to the construction site.

E. Establish temporary supply of Water & Electricity to the site – transfer of UNELCO registration and/or establishment of construction electrical board.

F. Establish area for materials storage.

G. Clean surrounds of the site.

Refer to the market community leader for any vegetation that can be removed within the construction site.
This item is to include the following: A.

Manage the project site and construction works B.
Conduct fortnightly site meetings with Project Manager C. Manage the works and compliance with project requirements D. Manage quality of works as per this scope of work E. Undertake project administration including submission of invoices, keeping project records such as a site diary F. Provision of site security for the duration of the project G. Liaison (Talk talk) with Project Manager, Supervisor and the Municipality representatives H. The Contractor is to take photographs daily and keep a diary of the site activities.
These photographs and record are to be given to the Supervisor at site meetings.

This item is to include the following: A.

Manage site safety including: o Erect signage around site to stop non-project people from entering the site.

At least two signs that state ‘CONSTRUCTION SITE DO NOT ENTER’ o Nobody except for Contractor’s staff, Project Management staff and people connected with the project are to enter the worksite.

o No children are to be involved in any part of the project.
They are not to work on the project, collect sand and/or gravel or any other activity.

No worker or any other staff are to have any inappropriate relationship with a child during the works.

o No drugs, alcohol, cigarettes or kava are to be consumed on the worksite.
o All workers are to wear safety boots, safety vests and be given the following:  Gloves  Hearing protection for noisy works  Dust masks for cleaning and dusty works (such as using an electric saw for cutting treated pine timber) 19  Safety glasses for activities that generates flying particles (cutting timber with electric saw, etc) o A first aid kit is to be located on site.

o The Contractor is to have a telephone on site to call hospital in case of injury and vehicle to transport worker to hospital.
o All fuel and potentially poisonous liquids (such as paint) is to be stored in a safe place out of direct sunlight.

o All electrical works to be carried out by a qualified person.

o All plumbing works to be carried out by a qualified person.

B.

Environmental management: o Establish a waste collection area.

All waste is to be removed from site to a waste collection facility on a weekly basis.

o No waste is to be burnt on site.

No treated pine is to be burnt or given to others to burn.
It is to be taken to the waste collection centre.

o The Contractor is responsible to keep a clean and safe construction area at the end of each work day.

o All paint residue is to be kept to a minimum and not be allowed to enter any surrounding runoff from the site.

o All concrete residue is to be cleaned up and disposed of off-site at an approved waster control facility.

This item is to include the following: A.

Public Liability: 5million vatu B.


Workers Compensation – as required under Vanuatu Law C. Equipment, vehicle and general insurance Excavate footing trenches as specified on drawing and construct concrete pad footings and continuous concrete ground beams with Y12 main bars and D10 stirrups at 300mm cts.

Locate and place Y12 slap and wall starters at 400 cts.

Backfill and compact under slab fill.

Construct form work and place polythene sheeting with F72 mesh on top and tie to slab starters.
Prepare a mix of 20 mpa concrete strength and pour to complete slap.

Insurances 2 FOUNDATION / SLAB 3 WALL / COLUMNS & BEAM Construct walls to toilets and reinforced with Y12 verticals bars at 400mm cts and horizontal bars at 600mm cts.

Concrete fill all hollow blocks and compact.

Construct concrete columns at locations and spacing specified on drawing with Y12 verticals bars and D10 stirrups at 200mm cts.

Construct concrete beam with Y12 horizontal bars and D10 stirrups at 200mm cts.
Plaster either side of all walls, columns and beams.

20 4 ROOF STRUCTURE / ROOF CLADDING Construct trusses as detailed in drawing.

Locate and place trusses at cts specified and anchored to beam with 12mm dia.

threaded ‘U’ bolts.

Concrete fill between trusses and lay Y12 horizontal bar and hooked down to beam with R6 ties at 300mm cts.

Place and fix all purlins with cyclone straps at cts specified.

Place and fix additional purlins at perimeter of roof as specified.
Place and fix fascia board to perimeter of roof structure.

Place and fix chicken wire on top of purlins.

Place and fix sisalation sheet on top of chicken wire and install colour bond roof sheets screw at every 2nd corrugation at eaves and at every 3rd corrugation to centre of roof.

5 WATER TANK BASEMENT Construct new water tank basement and reinforce with N12 bars to footings ringed with N10 bars.

Construct slab and reinforce with F72 mesh – tie to all slab starters.
6 7 8 Locate and install tank with water inlet pipes.

DOORS / WINDOWS Install all door frames and solid core doors hinged with butt hinge and locked with entrance door locks.

Windows are to be decorated blocks installed in a row of two lines.

SEPTIC TANK & SOAK PIT Excavate and construct a septic tank and soak pit as specified in drawing.

Reinforce with Y12 bars and F72 mesh.

Align solid waste pipes to septic tank and waste water pipes to soak pit.
Install vent pipe from septic waste pipe to wall of house.

PLUMBING / ELECTRICITY Install all water pipe inlets, waste pipes Install toilet sets, hand basins, taps and toilet paper holders plus grab bar in disable toilet.

Install electrical wiring, lights, power outlets and switches as specified on drawing.

9 BENCHES Construct concrete benches as shown on plan reinforced with F72 mesh wire and Y12 bars.
10 FLOOR TILES Lay wet area ceramic tiles to full floor area 11 FINISHES Lay 400x400 ceramic tiles to all toilet floors.

Apply 3 coats of off white paint to walls, columns, beams.

Apply 3 coats of coconut brown to benches, doors and timber roof structure plus any exposed frames.

12 DEMOBILIZE Apply final touches.

Clean up all off cuts, remove any unwanted materials on site, pack all tools and vacate site.
21 13 Contingency Provisional sum of 15% of the Tenders bid for all items listed above for use to cover all variations and additional works as identified by either the Contractor or Employer and approved by the Employer for completion under the Contract.

Attachment 2 – Bill of Materials The attached list is to assist the contractor purchase quality materials as specified in the list of materials.

Contractors are to make sure all materials purchased are to standards specified.
MATERIAL LIST FOR MARKET SHELTER - UNWOMEN Ref Building Materials Specification / Description Unit Qty PROFILE SETTING OUT Treated Structural Pine Structural grade F8 Treated H3.2 Pine, 50mm x 75mm x 6000mm Ropes (Builders string line) Cotton ropes @ 100m; red colour 1 2 3 Wire Nails (general use) 100mm flat head 4 Wire Nails (general use) 75mm flat head Spray paints Red colour Green colour FOOTING Cement Sand Aggregate Portland Cement OPC 42.5 equivalent, Complying with AS3972, 40kg Bags Washed seive building sand Maximum norminal size 20mm 10 Reinforcement N12 Grade 500MPa 6000mm long 11 Reinforcement (ring) N10 Grade 500MPa 6000mm long FLOOR SLAB 12 Cement 13 Sand 14 Aggregate 15 Mesh Wire WALLS 16 BLOCKS 17 BLOCKS 18 Reinforcement 19 Sand 20 Aggregate Portland Cement OPC 42.5 equivalent, Complying with AS3972, 40kg Bags Washed seive building sand Maximum norminal size 20mm F72 Mesh Grade 500MPa 6000mm x 2400mm 400mm x 200mm x 150mm Hollow Masonary Block 400mm x 200mm x 100mm Hollow Masonary Block N12 Grade 500MPa 6000mm long Washed seive building sand Maximum norminal size 20mm no no no m3 m3 220 150 34 2 2 22 no roll kg kg no no 4 1 3 3 1 1 bags 45 m3 m3 no no 4 4 46 45 bags 80 m3 m3 no 6 7 7 22 Cement (for fill) 23 Cement (for mortar & Plaster) Portland Cement OPC 42.5 equivalent, Complying with AS3972, 40kg Bags Portland Cement OPC 42.5 equivalent, Complying with AS3972, 40kg Bags bags 6 bags 5 bags 8 m3 m3 no no 1 1 34 42 bags 30 COLUMNS 24 Cement 26 Sand 27 Aggregate Portland Cement OPC 42.5 equivalent, Complying with AS3972, 40kg Bags Washed seive building sand Maximum norminal size 20mm 28 Reinforcement N12 Grade 500MPa 6000mm long 29 Reinforcement N10 Grade 500MPa 6000mm long RING BEAM 30 Cement 31 Sand 32 Aggregate Portland Cement OPC 42.5 equivalent, Complying with AS3972, 40kg Bags Washed seive building sand Maximum norminal size 20mm 33 Reinforcement N12 Grade 500MPa 6000mm long 34 Reinforcement N10 Grade 500MPa 6000mm long FORM WORK 35 Plywood 36 Treated Structural Pine 37 Wire Nails
 (general use) 16mmx2400mmx1200mm, exterior form plywood Aus/NZ manufactured Structural grade F8 Treated H3.2 Pine, 50mm x 50mm x 6000mm 100mm flat head 38 Wire Nails (general use) 75mm flat head ROOF STRUCTURE 41 40 39 Treated Structural Pine (top & bottom chords ) Treated Structural Pine (webs ) Treated Structural Pine (rafters) Treated Structural Pine (purlin) Treated Structural Pine (fascia board) Treated Structural Pine (bearer) 45 Pryda Nail Plate 42 44 43 Structural grade F8 Treated H3.2 Pine, 150mm x 50mm x 6000mm Structural grade F8 Treated H3.2 Pine, 100mm x 50mm x 6000mm Structural grade F8 Treated H3.2 Pine, 150mm x 50mm x 6000mm Structural grade F8 Treated H3.2 Pine, 100mm x 50mm x 6000mm Structural grade F8 Treated H3.2 Pine, 250mm x 30mm x 6000mm Structural grade F8 Treated H3.2 Pine,150mm x 50mm x 6000mm 6N15 1.0mm G250 galvanized steel 46 Pryda Nail Plate 6N10 1.0mm G250 galvanized steel 47 Jolt Head Galvanized Nails (for roof strcture) Jolt Head Galvanized Nails (for roof strcture) 49 Wire Nails (general use) 48 100mm jolt head 75mm Jolt head 100mm flat head 50 Wire Nails (general use) 75mm flat head m3 m3 no no No.
no kg kg no no no no no no no no kg kg kg kg 51 Strap Cyclone Galvanized 25mm x 1mm x 100m ('Mitek' / 'Prada' or AE) roll 3 3 54 62 8 6 3 3 26 2 5 45 7 3 156 104 15 10 8 8 2 23 52 Clout Head Galvanized Nails (for strap) 40mm flat head 53 Galvanized Concrete Nails 100mm flat head (formwork) 54 Galvanized Concrete Nails 75mm flat head (formwork) INSULATION kg kg kg 4 4 4 54 SISALATION ROLL Double Sided Fibre Reinforced m2 80 Aluminium Foil Similar to Sisalation No.
450 55 Chicken wire (Sisalation Chicken wire roll m2 80 support) ROOF COVER 56 Roof Sheeting (house) 57 Roof Sheeting (house) 58 Barge Flashing Colorbond Ultra Wilderness White 0.55BMT x 5370mm long Colorbond Ultra Wilderness White 0.55BMT x 2200mm long Colorbond Ultra Wilderness White 0.55BMT, 150mm x150mm wide x 3000mm long no no no 20 20 12 59 L' Flashing Colorbond Ultra Wilderness White 0.55BMT, 250mm x300mm wide x 3000mm long no 6 60 Roof Screws - Type 17 Complete 75mm long Type 17 self drilling hex head galvanized with rubbers and steel washers wilderness white complete ea 1100 DOORS 61 Timber - Door Frame - 100mmX50mm 62 External Hardcore Door - 2000mmx800mm 100mmx50mm dressed hardwood or NZ pine m 2000mmx800mm solid core doors 63 Door Hinges [Butt Hinges] Stainless steel, 85mm 64 Door lockset External [entrance door lockset] Knobset, chrome, keyed ('Lane', 'Lockwood' or approved equivalent) 3 3 3 3 No.
pair No.

SANITARY FIXTURES 65 Toilet / W/C (with pan, cistern, toilet seat and cover) Caroma' (or approved equivalent) set 3 66 Handbasin, sanitary, Caroma' (or approved equivalent) set 3 viterous china, including mounting brackets, fixings and sink outlet fixings 67 Tap - Hand basin Pilar tap, Stainless steel 68 Grap bar Grap bar stainless steet 69 Toilet roll holder White or chrome set Ea set 3 1 3 PLUMBING 70 Water Supply Pipe System Flexible 'plastic' pipe system complying with 71 Pipe - 16mm dia.
AS/NZS4176.2 16mm dia'Flowpex' or approved equivalent 72 Elbow 90 deg, 16mm, Flowpex' or approved equivalent m No.

15 3 24 73 T-Piece - 16mm dia Flowpex' or approved equivalent 74 Pipe clip holder, 16mm To suit 'Flowpex' 16mm dia pipe, 75 Pipe joining / crimping tool Flowpex' or approved equivalent 76 Pipe, Ventillation, 45mm uPVC, white dia 77 Pipe, Ventillation, elbow 90 degrees, 45mm dia uPVC, white 78 45mm dia.
Ventilated pipe clip holder 79 Pipe, Sanitary, 50mm dia, uPVC 80 Pipe, Sanitary, Joiner, 50mm dia, uPVC 81 Pipe, Sanitary, elbow 90 deg, 50mm dia, uPVC 82 Pipe, Sanitary, T-Piece, 50mm dia, uPVC 83 Pipe, Sanitary, elbow 45 degree, 50mm dia, uPVC uPVC, white Complying with AS/NZS1260, 'Vinidex' or approved equivalent (AE) Complying with AS/NZS1260, 'Vinidex' or AE Complying with AS/NZS1260, 'Vinidex' or AE ea Complying with AS/NZS1260, 'Vinidex' or AE ea Complying with AS/NZS1260, 'Vinidex' or AE ea 84 Pipe, Sanitary, 100mm dia, Complying with AS/NZS1260, 'Vinidex' or AE m uPVC 85 Pipe, Sanitary, Joiner, Complying with AS/NZS1260, 'Vinidex' or AE ea Complying with AS/NZS1260, 'Vinidex' or AE ea Complying with AS/NZS1260, 'Vinidex' or AE ea Complying with AS/NZS1260, 'Vinidex' or AE ea No.
No.

No.
m ea ea m ea 6 20 1 3 2 8 15 2 2 2 1 9 1 2 2 1 100mm dia, uPVC 86 Pipe, Sanitary, elbow 90 deg, 100mm dia, uPVC 87 Pipe, Sanitary, T-Piece, 100mm dia, uPVC 88 Pipe, Sanitary, elbow 45 degree, 100mm dia, uPVC SEPTIC / SOAK AWAY 90 Cement 92 Reinforcement 93 Mesh Wire 94 BLOCKS Portland Cement OPC 42.5 equivalent, Complying with AS3972, 40kg Bags N10 Grade 500MPa 6000mm long F72 Mesh Grade 500MPa 6000mm x 2400mm 400mm x 200mm x 150mm Hollow Masonary Block bags 10 no no no 12 2 200 WATER TANK & STAND POLY TANKS 6000ltrs Poly Tank CEMENT SAND Portland Cement 40kg Bags Washed Seive Building Sand AGGREGATE Maximum Norminal Size BLOCKS CONC.
MESH WIRE 400mmx200mmx200mm Hollow Concrete Blocks F72 mesh REINFO.

BAR HORI.

Y12 Steel Bars x 6000mm REINFO.

BAR RING.
R6 Steel Bar x 6000mm each 1 each 10 m3 m3 2 3 each 60 each 1 each 4 each 3 25 PAINTING & ACCESSORIES Paint Undercoat / Primer Dulux or AE, White litre 32 Paint Internal Dulux, semi-gloss, acrylic, Colour - Off White litre 30 Paint External Dulux, semi-gloss, acrylic, Colour - Off White litre 20 Paint - Door Frames & Exposed frames Paint - Doors Paint - Pryda Nail Plates Dulux or AE, acrylic, high gloss, Coconut Brown Dulux or AE, acrylic, high gloss, Coconut Brown Anti-rust paint Paint Trays Paint Brushes Paint Roller Masking tape Sand paper Sand paper Nails (fixings) Set Set Set Medium size 36mm x50m general purpose norton No-Fil Adalox 100mm x 10m P80 norton No-Fil Adalox 115mm x 10m 120G norton 1" flat head Galv.
Nail 1" flat head Galv.

Nail 2" flat head Galv.

Nail 2" flat head Galv.

Nail 3" flat head Galv.

Nail 3" flat head Galv.

Nail 4" flat head Galv.

Nail 4" flat head Galv.

Nail Glue, Sealant PVC pipe glue Gap filler Water-tight silicon Pipegrip' or approved equ.

Complying with AS/NZS3879 No More Gaps', 'Selleys' (or AE), 310g tube, white Clear, Selleys or AE, 310g tube Glue, construction Liquid Nails or AE, 420g tube Calking gun To suit tubes above litre 20 litre litre no.

no.

no.
no.

no.

8 4 4 4 4 Each 5 no.

no.

3 3 kg kg kg kg 2 12 10 10 ml 250 tube tube tube tube Drawings The project drawings are included in Attachment 3.

The works are to be executed as per the drawings.

If there are any issues with the drawings, discrepancies or confusion, the Project Manager is to be contacted as soon as possible.
Standards of Work All works are to comply with the Building Code of Vanuatu, the Vanuatu Home Building Manual and relevant Australian and New Zealand standards.

Current Site Conditions The current site conditions are illustrated in the photographs included in Attachment 3.

Quality Management The project works are to be carried out to a high quality.

Quality is primarily the responsibility of the CONTRACTOR and must be managed on a daily basis.
The Contractor is to submit an Inspection and Test Plan (ITP) for the project within two weeks of signing the contract.

The ITP is to be approved by the Project Manager prior to the commencement of site works.

The ITP is to include contractor checks, client checks, sign-offs and hold points.

An example ITP is included in Attachment 4 and is to be modified to suit the works.

All welds are to be visually inspected and a weld record kept.
Defects inspections are to commence at least two weeks prior to the programmed handover date.

Project Administration  Insurance.

The Contractor is to have insurance prior to commencing works including: o General Public Liability (minimum 50million vatu) o Workers compensation (as per Vanuatu Law) o General insurance for vehicles and equipment.

o If the contractor does not provide evidence of insurance within 14 days the contract may be terminated.

 Pre-Start Meeting.


A prestart meeting is to be held on site prior to the commencement of the project works.

The objective of the prestart meeting is to confirm the project outcomes, responsibilities and relationships for the project.

Attendees at the meeting are to include representatives the contractor and Project Manager (M4C)  Project Meetings.

A meeting is to be held on a fortnightly basis during the works between the Contractor and the Supervisor and SPG staff.

 Invoices.
 Invoices.

Draft invoices are to be presented to the Project Manager at least one week prior to the end of the month for verification prior to submission of the final invoice.

 Access To Services.

The contractor is to provide electrical power and water for the works.

This access can be negotiated with SPG but the Contractor is responsible for payment of all costs associated with the supply.

27  Work Hours.

Work hours are generally to be 7:30am to 5pm Monday to Saturday.

 Security.
 Security.

The contractor is to ensure that the site security is maintained at all times and that there is no theft on the work site.

 Ablutions.

The Contractor is to provide ablution facilities for site personnel.

 Behavior.

All of the contractor’s staff are to act in a professional manner at all times.

Work Health and Safety The Contractor is to ensure that all personnel involved in the works, visitors to the works site and people around (and adjacent to) the work site are kept safe.
The Contractor is to submit a Project Safety Plan to the Supervisor within 14 days of signing the contract.

The Safety Plan is to, as a minimum, address the following issues:  PPE.

Workers are to have personal protective equipment (PPE) appropriate to their tasks including (but not limited to) hearing protection (when operating noisy equipment), safety glasses (mechanical tool operation), gloves, boots and hard hats (when working below other works, and when construction equipment is operating).
 High Visibility Clothing: Site personnel are to wear high visibility vests on site.

 Vehicle Use.

Vehicles in and around the construction site are to be registered and operated by licenced drivers in a safe manner  Electricity.

Any work that involves the use of electricity, including temporary power during works, is to be carried out be a suitably trained and certified electrician.

 Signage.

The WHS measures and warnings are to be well signposted around the site.

 Access and Site Control.


The contractor is to delineate the worksite from the surrounding areas via the erection of a fence with at least four wire strands and highly visible signage.

The contractor is to work with PWD and other stakeholders (noting that there are two sites) to minimise disruption to adjacent operations and activities.

 Noise.

Noise is to be kept to a minimum.

Noisy activities are to be conducted between the hours of 9am to 4pm.

 Drugs and Alcohol.


No smoking, alcohol consumption or consumption of any other drugs is permitted by the contractor or staff whist on site.

 Crane operations.

The contractor is to provide procedures (risk assessment and job safety assessment) for the safe operation and risks management associated with the operation of crane and other heavy equipment.

 Working at heights.


The contractor is to provide procedures (risk assessment and job safety assessment) for working at heights and erection and maintenance of scaffolding.

Environmental The Contractor is to ensure that the project is implemented in an environmentally responsible manner and compliant with the laws of Vanuatu.

The Contractor is to submit a Project Environmental Management Plan Site Safety Plan within 14 days of signing the contract.
The plan is to address the following issues:  Waste management: All waste is to be removed from site and disposed of as per 28 council requirements.

No waste is to be burnt on site  Dust Control: to be managed and kept to a minimum  Noise: is to be kept to a minimum  Sand and Gravel: is to be sourced from an area where it is being mined in a sustainable manner.

The sand and gravel quarry sites are to be inspected by the Supervisor and LMC staff.
Child and Gender Protection The Contractor is to comply with Government of Vanuatu and DFAT child protection policies, including:  No children are to enter the worksite or accommodation areas occupied by workers.

 The minimum age for staff / workers undertaking normal low risk work is 16 years.

The minimum age for high risk work (such as working at heights) is 18 years old.
 No children younger than that stated above will be engaged for any portion of the works including off-site or subcontracted activities such as quarry works, manufacture of blocks or transport of materials.

 No worker shall enter into an inappropriate relationship with a child (of a sexual nature or otherwise).

This is ground for immediate dismissal from the Contract site.

 Photographs taken during the contract period should not include images of children.
 The contractor is encouraged to employ local labour and in particular female staff to be part of the project team.

 The contractor is not to discriminate against females.

All contract staff, government staff, stakeholders and surrounding communities are to be treated fairly and with respect.

 The Contractor is encouraged to caution staff to not enter into inappropriate relationships while implementing the project.
Any worker found to have paid for sexual favours during the course of the contract implementation will be dismissed from the project and this may be grounds for terminating the Contract.

Handover & Completion Upon reaching completion of the project works the contractor is to inform the Project Manager.

A joint inspection involving the Project Manager and contractor’s representative will be carried out to confirm any outstanding works and/or defects.
If the project works comply with the contract drawings, documentation and specification then a Certificate of Completion will be issued.

The issue of the Certificate the contractual conditions will be enacted regarding return of guarantees and commencement of Defect Liability Periods and Warranties.

29 Attachment 3 - Site Location and Layout Map 1: Location of project site – Market House – Emua Village 30 See attached drawings doc.
for full drawings Drawing No Title A01 A02 A03 A04 A05 E07 S08 S09 Perspective Site Plan Floor Plan Cross Section AA Elevations Electrical Layout - Plumbing Foundation Plan Roof Framing Plan S010 Structural Details 31 32 33 34 35 36 37 38 39 40 41 Attachment 4: Inspection and Test Plan The Contractor is to submit an Inspection and Test Plan (ITP) for the project within two weeks of signing the contract.
Project Name: Project Number: Project Start Date: Project Manager (Client): ITP to be maintained by: Approval by Project Manager Signature Project End Date: Construction manager (Contractor): Position: Date: The ITP is to include contractor shecks, client checks, signoffs and hold points.

The following ITP is an example of the items should be included in the ITP (delete items not relevant to scope of works).
Contractor Project Manager Date Date Checked Check By By Ser Item Comments Hold Point 1 2 3 4 Construction / Contract Management Quality Control / Monitoring and Evaluation Safety controls Erosion and sediment controls Attend site meetings, Reports on monthly basis, Maintain site diary including photographs, Liaison with Project Manager, Contract administration (program tracking, invoices) Maintain ITP (this document) Maintain site records Safety plan submitted Safety controls in place PPE work on site Safety controls maintained during works Control of hazardous substances.
Environmental controls established: erosion and sediment control, waste management plan established, Comments 42 5 Asbestos Management 5.1 Before works commence 5.2 6 7 8 At completion of works Set-Out Council Inspections Excavation Back filling Reinforced Concrete 9 10 10.1 Reinforcement (To be inspected prior to placement of concrete) If not included in the contract and found on site, stop work in that area, identify site with barrier tape and contact Project Manager asap If included in contract – manage as per specification.
Hold/ inspection points:  Inspection prior to asbesots removal.

Check supervisor and worker qualification, safety systems, plastic for encapsulation of waste, site control, PPE (overalls and respirators), water for wetting down materials, surfaces and washing, limit damage to in-situ wall cladding, etc Inspection of completed removal – clearance As per drawings, as approved by Municipal authority and/or project manager Required for project (yes/no).

If so contact council and coordinate site visits.


As per drawings (dimensions) and specification.

Close asap – do not leave open.
If left open delineate using fence or barrier tape, Material type, compaction Placed as per drawings, size, spacing, cover cover, rigidity, bar chairs  Foundation inspection  Columns  Beams  Slabs  Septic tank 10.2 Formwork (To be inspected prior to placement of concrete) Strength, movement, as specified  Foundation inspection  Columns 43  Beams  Slabs  Septic tank 10.3 Placement of embedded steel (eg post bases) 10.4 Cement 10.5 Sand 10.6 Aggregate Steel meets design, galvanising (or other treatment), set-out Portland cement, packaging, age, condition, complying with AS3972 Suitable for concreting, size, free from salts, clean Suitable for concreting, size, grading, free from salts, clean 10.7 Concrete strength Slump (180), strength (25MPa / 20MPa), mix design (1:2:4 / 1:2:6)  Foundation inspection  Columns  Beams  Slabs  Septic tank 10.8 Concrete finish 11 Masonry walls 11.1 Set-out 11.2 Concrete blocks 11.3 Reinforcement 11.4 Mortar Finish specification, A1, A2 finish, broom finish for concrete slabs, etc As per drawings, verticality control Size (external walls - 150x150x400 / internal walls can be 100x1508400mm), strength (minimum 15MPa at 28 days), hollow core with rebates for reinforcement Correct size, spacing (should be 400mm c/c horizontally and vertically), setout, starter bars in concrete slab and adjacent walls at 400mm c/c  Mix (1:6 – cement : sand), bedding thickness 10mm 11.5 Core filling Correct mix 1:2:6 (concrete strength 20MPa minimum), fill no more than 400mm vertical at a time, 44 11.6 9.8 Mortar Mortar for masonry must consist of 1 part of cement, 3 parts of sand and sufficient water.
It should also contain hydrated lime, or a suitable admixture, to improve workability.

If lime is added, the sand-lime mixture must be allowed to stand for 24 hours before the cement is added, and the mortar used.

Mortar must not be used once 1 ½ hours have passed after the addition of cement to the mix.

Mixing shall be in a powered mixer and to a stiff consistency suitable for the work.
To produce mortar consistency of the right quality, the volumes of material must be measured using buckets, or gauge boxes, and not shovelled direct from the stockpile, or cement bag, into the mixer.

A dry bucket must be reserved for measuring cement quantities.

The water must be added carefully from a measured container and not directly from the end of a hose pipe.

Mortar must not be mixed in quantities that would dry out before use.
Retempering of Mortar will not be permitted, and steps shall be taken to reduce the evaporation of water.

Framing 12 12.1 Timber frame (walls and roof) 12.2 Connections Materials - correct timber sizes Correct timber type As per design (cyclone strapping, bolted connections, angle bracksts, etc).
Surface finish - galvanised 12.3 Steel framing Material as specified (fabrication certificates) 12.4 Weld inspections Visual inspections, weld tests, xray inspection As per drawings (bolt holes, cleats, gussets, etc) Dimensional accurary 12.5 Surface finish 12.6 Erection Cladding 13 45 13.1 Wall cladding 13.2 Fibre cement board 13.3 Hardboard (masonite) 13.4 Colorbond 14 14.1 Roof frame Roof Framing 14.2 Connections 15 Roof cladding 15.1 Metal cladding 15.2 Sarking 15.3 Chicken wire 15.4 16 16.1 Materials Insulation Doors As per design and specification Materials Surface finish as per design & specification Thickness, meets specification, installation procedure, jointing type Thickness, meets specification, installation procedure, jointing type Material specification Correct timber sizes Correct timber type As per design (cyclone strapping, bolted connections, angle bracksts, etc).
Surface finish - galvanised As per design and specification  Colourbond 24G  colour o Sheet o Flashing o Ridge capping As per design and specification As per design and specification  Type – solid / hollow core  Hinges  Handle & locking device Installation 16.2 Frames 16.3 17 Windows 17.1 Materials Materials, finish Paint finish, close without sticking, gaps acceptable  Type – louvres – glass 46 Installation Rendering 17.2 Frames 17.3 18 18.1 Materials 18.2 Application Tiling 19 19.1 Materials 19.2 Installation  Security mesh  Insect screens  Storm shutters Materials, finish Paint finish, close without sticking, gaps acceptable Mortar mix 1:6 (cement:sand) Surface preparation Thickness and finish Tile type, thickness, colour, pattern  Surface preparation and grouting  Pattern and finish Joinery - Cupboards, benches and vanities 20 20.1 Materials Timber frame, cladding – plywood, formica surface finish, hinges and door handles and locking mechanisms As per drawings Workmanship, finish As specified, quantity, quality, placement Setout, as per specified Installation Fittings, fixtures and finishes – general 20.2 Setout 20.2 21 21.1 materials 21.2 Curtains 21.3 Toilet roll holders As specified, location 21.4 21.5 21.6 22 22.1 Qualified Plumber Plumber has training and is qualified 22.2 Roof plumbing Item Item Item Plumbing / Hydraulics Materials are as specified - guttering, downpipes (100mm uPVC), water tank size and as per specification (5000 litre) Guttering has fall and setout of gutter brackets and downpipes is correct 22.3 Installation 47 22.4 Tank stand 22.5 Water supply system Installation Tank stand – at least 1m tall, block and RC concrete topping slab Materials - piping as per specification, sizes, manufacturer Layout, connections, check for leaks, commissioning 22.6 22.7 Sanitary system Materials - piping as per specification, sizes, 22.8 Installation 22.9 Fixtures and fittings 22.10 Basins & sinks 22.11 Toilets 22.12 Taps 22.13 Shower rose and 23 taps Gas System Materials 23.1 Setout 23.2 Fixtures 23.3 Commissioning 23.4 Hot water heater 24 Electrical 24.1 Qualifications 24.2 Materials 24.3 Installation Light fittings Air conditioning 24.4 25 25.1 Qualification manufacturer Layout, slopes, connections, check for leaks, commissioning As specified, good quality, installed as per manufacturer’s specification As specified, good quality, installed as per manufacturer’s specification Fixtures & fittings as specified and installed as per manufacturers instructions Fixtures and fittings installed as per manufacturers instructions.
Materials, pipe, connections, soldering as per specification Pipe run is simple and direct, location of gas bottle in shaded area, external, secured and on a comcrete pad Stove as per specification No leaks, gas appliance works Installed as per manufacturer’s specification Qualified electrician Materials - cable, conduit, GPOs, switches, switch boxes as specified Setout & locations correct, cable either concealed or in surface conduit (as per design) Light fittings – setout and as per specification / design Qualified air conditioning or refrigeration installer 48 AC units as specified – manufacturer, type (inverter) and size (2.5kW, 7.5kW, etc) Setout / location Commissioned and working properly Manufactures information and waranty information Colour, manufacturer, type, finish (mat, semi-gloss, gloss, etc) Surface preparation, application method, drying time, number of coats, finish As specified, manufacturer, waranty, install, quantity As per design.
No bare earth, mulching Retaining walls – built as per design 25.2 Equipment Installation 25.3 25.4 Commisisoning 25.5 Product information 26 Painting 26.1 Materials 26.2 Execution 27 28 29 30 31 Equipment / furniture / appliance supply Landscaping Retaining walls Other items as required Other items as required Site clean-up 32 The site is tidy and all waste has been removed to an approved area All works are complete and the contractor has completed all items of the Contract Defects inspections are to commence at least two weeks prior to the programmed handover date.
Demobilisation 33 49 SECTION 4 - TENDER RESPONSE SCHEDULES TABLE OF CONTENTS Schedule 1 2 Tender Submission Form Eligibility and Qualification Information 50 RESPONSE TO REQUEST FOR TENDER WORKS [Tenderer to enter name of Government of Vanuatu Procuring Entity (the “Employer”)] RFT NUMBER: [Tenderer to enter tender number, as per Invitation to Tender] DESCRIPTION: [Tenderer requirements, as per Invitation to Tender] to enter brief description of EMPLOYER: [Tenderer to enter name of Employer, as per Invitation to Tender] SUBMISSION ADDRESS: [Tenderer to enter submission address, as per Invitation to Tender] SUBMISSION DATE & TIME: [Tenderer to enter date and time, as per Letter of Invitation to Tender] 51 TENDER RESPONSE SCHEDULE 1 tender SUBMISSION FORM [To be completed on Tenderer’s letterhead] The completed Tender form and attachments together will comprise the Tenderer’s offer To: We agree to be bound by the General Conditions of Tender, Special Conditions of Tender, General Conditions of Contract, Special Conditions of Contract, and we hereby offer to perform the Works, in conformity with the Request for Tender (RFT) and in accordance with the Technical Specifications including the Bill of Quantities / Schedule of Activities, for a Total tender price of: [Total tender price and currency in words] This amount is Exclusive of VAT and duties Inclusive of VAT and duties CURRENCY & AMOUNT [Total tender price in figures] We confirm receipt of the Addenda and Variations to the Invitation to Tender listed below: Addendum Dated Date Received Our Tender shall be valid for the period of time specified in the RFT, and it shall remain binding upon us and may be accepted at any time before the expiration of that period.
If our Tender is accepted, we commit to obtaining a Performance Security in accordance with the RFT for the due performance of the Contract.

Furthermore we warrant that we comply with all the eligibility criteria specified in the RFT.

We have no conflict of interest, and our firm, its affiliates and subsidiaries have not been declared ineligible under the laws of the Republic of VANUATU or in accordance with the RFT.
52 We further warrant that: (i) We are free from insolvency, bankruptcy or similar status; (ii) We have the legal capacity to enter into contract; (iii) We are current with payment of taxes; (iv) We and any director, officer, manager or supervisor of ours has not, within a period of three years preceding the date of issuance of the invitation to tender, been convicted of any criminal offence, whether in VANUATU or elsewhere: a.

Relating to professional conduct b.


Relating to the making of false statements or misrepresentations as to his eligibility or qualifications to enter into a procurement contract; Involving dishonesty; c. d. Under anti-corruption legislation; (v) We have not been suspended or disbarred by administrative or judicial proceedings from participating in procurements, whether in Vanuatu or elsewhere.
We understand that you are not bound to accept the lowest evaluated Tender or any other Tender that you may receive.

Signed: Name: Title/Position: Authorised for and on behalf of Contractor: Address: 53 SCHEDULE 1.1: SCHEDULUE OF ACTIVITIES PREAMBLE TO THE SCHEDULE OF ACTIVITIES 1.

2.

3.

4.

5.

6.

7.

8.

9.


The Schedule of Activities shall be read in conjunction with the General Conditions of Tendering, Special Conditions of Tendering, General Conditions of Contract, Special Conditions of Contract, Technical Specifications and Drawings.

The Tenderer shall provide a tender in accordance with the format of the Schedule of Activities.

Payment for all of the Works will be the tendered Lump Sum either exclusive of VAT and duties.
The payment of the Lump Sum will be spread over the period of implementation.

It shall be calculated on the basis of the percentage of implemented Works at the time of the Interim Certificate.

A breakdown of the Works is provided in the Schedule of Activities.

This breakdown of the tendered Lump Sum over the major activities of the Contract constitutes the means by which the amount payable for the Works is apportioned for Interim Payments.

This is the extent of the purpose of the Schedule of Activities.
It is not to be regarded or construed as placing or constituting any limit on the Contractor's obligations to provide all the Works described in the contract documentation against the tendered Lump Sum.

The whole cost of complying with the provisions of the Contract shall be included in the Lump Sum, and where no item is provided in the Schedule of Activities, the cost shall be deemed to be distributed among prices entered for the related items of Work.
Provisional Sums included and so designated in the Schedule of Activities shall be expended in whole or in part at the direction and discretion of the Employer in accordance with the Conditions of Contract.

A Contingency Sum of 10% is included in the Schedule of Activities for use by the Employer to cover such contingencies as commissioning additional Works or carrying out Variations.
When commissioning additional works or carrying out variations the value of these shall be calculated using the quoted unit prices.

In the event that the contingency is not used or only partially used the sum remaining is to be deducted from the overall Contract Price.

In the case of Arithmetic Errors, the Lump Sum will govern.

The sums entered for the individual items in the Schedule of Activities will be adjusted by the Employer to accord with the Lump Sum tendered.
54 Serial Item Description Item 1 2 3 Work Health & Safety and Environmental Mobilisation / Establishment Construction Management ROOF STRUCTURE / ROOF CLADDING Management Insurances 4 5 FOUNDATION / SLAB 6 WALL / COLUMNS & BEAM 7 8 WATER TANK BASEMENT DOORS / WINDOWS 9 SEPTIC TANK & SOAK PIT 10 PLUMBING / ELECTRICITY 11 BENCHES 12 FLOOR TILING FINISHES DEMOBILIZE Sub-Total – Tendered Price for the Works Contingency (10%) Total Tendered Price Including Contingency 13 14 16 17 18 This amount is Exclusive of VAT and duties Inclusive of VAT and duties Signed: Name: Title/Position: Authorised for and on behalf of Contractor: Address: Amount (Vatu) Unit Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum 55 TENDER RESPONSE SCHEDULE 2 ELIGIBILITY AND QUALIFICATION INFORMATION [The Tenderer must complete this schedule and attach any relevant supporting documents] Status of Tenderer: 2.1 Tenderer’s Legal Name: Country of Registration: Address in Country of Registration: Year of Registration; Business Certificate Number VAT Registration Number (if applicable) Registration No.
in Vanuatu 2.2 Annual turnover of Works contracts for the last three completed years Year Total Amount for the Year in VUV or equivalent Average Annual Construction Turnover for these 3 years Current Commitments.

Please provide a list of current projects, their value, supervisor, labour requirements and start and finish dates Balance Sheet Information and Income Statement for the past financial year 2.3 (or last 3 financial years if required e.g.
international tender) Information from Balance Sheet Amounts in VUV Equivalent (exchange rates as per Reserve Bank of Vanuatu as at 30 June 2017) 2015 2016 2017 Years Total Assets Total Liabilities Net Worth Current Assets Current Liabilities Information from income statement Amounts in VUV Equivalent (exchange rates as per Reserve Bank of Vanuatu as at 30 June 2017) Total Revenues Profits before Tax Profits after Tax 2015 2016 2017 2.4 Access to financial resources Source of financing Total amount in VUV equivalent (exchange rates as per Reserve Bank of Vanuatu as at 30 June 2017) Amount actually available after taking into account other commitments Amount in VUV equivalent (exchange rates as per Reserve Bank of Vanuatu as at 30 June 2017) 56 Percentage of Total: [State Contractor, or Subcontractor) 2.5 Works of a similar nature and volume over the past 3 years (3 examples) Contract No 1 of 3 Contract Identification: Award Date: Completion Date: Role in Contract: Brief Description of Work undertaken Total Contract Amount in VUV equivalent (exchange rates as per Reserve Bank of Vanuatu as at 30 June 2017) If partner in a JV or subcontractor, specify participation of total contract amount: Employer’s Name Address Telephone Number Fax Number E-mail address Contract No 2 of 3 Contract Identification: Award Date: Completion Date: Role in Contract: Brief Description of Work undertaken Total Contract Amount in VUV equivalent (exchange rates as per Reserve Bank of Vanuatu as at 30 June 2017) If partner in a JV or subcontractor, specify participation of total contract amount: Employer’s Name Address Telephone Number Fax Number E-mail address Contract No 3 of 3 Contract Identification: Award Date: Completion Date: Role in Contract: Brief Description of Work undertaken Total Contract Amount in VUV equivalent (exchange rates as per Reserve Bank of Vanuatu as at 30 June 2017) [State Contractor, or Subcontractor) [State Contractor, or Subcontractor) Percentage of Total Amount Amount 57 Percentage of Total If partner in a JV
 or subcontractor, specify participation of total contract amount: Employer’s Name Address Telephone Number Fax Number E-mail address 2.6 Proposed Site Manager and other Key Staff Name Role/Responsibility Site Manager Qualifications & General experience in Construction (years) Experience in proposed post (years) [Complete and attach CV for the nominee(s)] Contractor’s proposed key Plant / Equipment 2.7 Description of equipment Brand, model Age (years) Condition (new, good, poor) Owned, leased or to be purchased No of units available and location Method Statement and Works Programme 2.8 Proposed Work Method Statement and Construction Programme, giving descriptions, drawings, charts, as necessary, to comply with the requirements of the Employer’s Technical Specifications to be attached to this TRS.
2.9 Documentation attached: Attached with this TRS are the Originals of the following documents: Power of Attorney for the signatory to sign the Tender Tender Security Proposed Work Method Statement and Construction Programme Completed Bill of Quantities or Schedule of Activities Completed Schedules Enclosed with this TRS are copies of the following documents: Business Registration Certificate in the Tenderer’s country of registration Latest Income Tax Clearance Certificate (if applicable – refer SCT) Type Original NA Original Original Original Copy Copy 58 In case of government owned entity in Vanuatu, documents establishing legal and financial autonomy and compliance with commercial law.
Details of name, address, contact data of banks that may provide references if contacted by the Employer.
Financial statement (balance sheet including all related notes, and income statements) for the past 3 financial years complying with the following conditions:  The financial statement must reflect the financial situation of the Tenderer and not sister or parent companies;  The financial statement must be complete, including all notes to the financial statement The financial statement must correspond to the 3 financial years already completed and audited (no statements for partial periods shall be requested or accepted).
Documents proving access to financial resources Documents proving the qualifications and experience of the Site Manager Any other documents requested by this RFT Copy Copy Copy Copy Copy Safety and Environmental Management 2.10 Company demonstrates that it can manage Safety on the project site in compliance with Government of Vanuatu Work Health and Safety regulations.

Company has a Safety Policy and Management Plan – provide evidence.
Company demonstrates that it can undertake environmental management on the project site in compliance with Government of Vanuatu Work Environmental legislation and regulations – provide evidence (eg Environmental Plan).

2.11 VAT Compliance While this RFT is VAT exempt the Government of Vanuatu is concerned of the number of companies who are not paying their VAT.
Tenderers are to submit a letter from the Customs Office to verify that they are VAT compliant and that they have paid all VAT due to the Government.

Signed: Name: Title/Position: Authorised for and on behalf of Contractor: Address: 59 SECTION 5 - GENERAL CONDITIONS OF CONTRACT TABLE OF CONTENTS 5.1.

GENERAL PROVISIONS ............................................................................................. 61 5.2.
OBLIGATIONS OF THE EMPLOYER ......................................................................... 62 5.3.

OBLIGATIONS OF THE CONTRACTOR.................................................................... 63 5.4.

PERFORMANCE OF THE WORKS ............................................................................ 64 5.5.

INDEMNIFICATION AND INSURANCE REQUIREMENTS ....................................... 65 5.6.
MATERIALS AND WORKMANSHIP ........................................................................... 66 5.7.

COMPLETION AND CERTIFICATES ......................................................................... 67 5.8.

VARIATION ORDERS .................................................................................................. 68 5.9.

TERMS OF PAYMENT ................................................................................................ 68 5.10.
PAYMENTS ON TERMINATION ............................................................................... 70 5.11.

PERFORMANCE SECURITY .................................................................................... 70 5.12.

LIQUIDATED DAMAGES ........................................................................................... 70 5.13.

TERMINATION AND SUSPENSION ......................................................................... 70 5.14.
DISPUTES AND SETTLEMENT ............................................................................... 71 5.15.

FORCE MAJEURE ..................................................................................................... 71 INTEGRITY/ PROBITY .............................................................................................. 72 5.16.
60 SECTION 5 - GENERAL CONDITIONS OF CONTRACT GENERAL PROVISIONS 5.1 (1) The Employer is the Government of Vanuatu Procuring Entity stated in the Contract, represented by the person named in the ‘Special Conditions of Contract’ (SCC).

(2) The Contractor is the entity stated in the Contract Agreement, represented by the person named in the SCC.

(3) The Contract Documents listed in the Contract Agreement represent the entire and integrated Contract between the Employer and the Contractor.
The Contract is governed by and shall be construed in accordance with the Laws of the Republic of Vanuatu, and the ruling language of the Contract is English.

(4) All prior negotiations, representations and agreements, both oral and written, are superseded by the Contract.

All correspondence and documents relating to the Contract between the parties and their representatives shall be in English.
(5) Neither the Employer nor the Contractor shall assign, in whole or in part, their obligations under the Contract, except with the prior written consent of the other party.
(6) In these Conditions of Contract, unless the context otherwise requires: Bill of Quantities means the priced and completed Bill of Quantities forming part of the Tender; Construction Supervisor means the person named in the SCC who, on behalf of the Employer, supervises the Construction and certifies the completion of the Works Contingency Sum means a sum specified by the Employer to meet unforeseeable costs likely to be incurred during the contract; Contract means the signed Contract Agreement, and the documentation specified therein, as entered into between the Employer and the Contractor for the provision of the Works; Contractor means the person or organisation stated in the Contract Agreement whose Tender to provide the Works and Services has been accepted by the Employer; Contract Price means the price stated in the Contract; Date for Commencement means the date by which the Contractor shall commence the execution of the Works as defined in the SCC; Date for Completion means the date by which the Works are expected be completed as defined in the SCC; Days mean calendar days; Day works 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; Defect is any part of the Works not completed in accordance with the Contract; Defects Liability Certificate is the certificate issued by the Construction Supervisor upon verification of the completion of notified defects; Defects Liability Period means the period stated in the SCC following the issuance of the Practical Completion (“Taking Over”) Certificate, during which the Contractor shall rectify any defects arising as a result of the performance of the Works; Drawings include calculations and other information provided or approved by the Construction Supervisor for the execution of the Contract; Employer means the Government of Vanuatu procuring entity stated in the Contract Agreement; Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct the Works; Force Majeure means an event or situation beyond the control of either party that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of either party.
Such events may include, but not be limited to, wars or revolutions, natural disasters (such as earthquakes, tsunamis, fires, floods etc.

), epidemics, quarantine restrictions, and freight embargo; In writing means communicated in written form (e.g.
by letter, e-mail or fax); 61 Months mean calendar months; Practical Completion (“Taking Over”) Certificate means the Certificate issued by the Construction Supervisor on acceptance of the works by the Employer and its date of issue is the date from which the Defects Liability Period commences; Provisional Sum means a sum specified by the Employer and included in the contract for the execution of any part of the Works, which sum may be used in whole, or in part, or may not be used at all, on the instructions of the Employer; Schedule of Activities means a breakdown of the Works to be provided and includes the lump sum price of the Works; Site means the place of performance of the Works as specified in the Contract; Site Manager means the person appointed by the Contractor to act as the Contractor’s representative on Site during the performance of the Works; Specifications means the Specification of the Works included in the Contract and any modification or addition made or approved by the Construction Supervisor; Subcontractor means any person or organisation that supplies goods, materials or services to the Contractor; Variation is an instruction given by the Employer which varies the Contract; Works means what the Contract requires the Contractor to construct, install and hand over to the Employer.
Clause headings shall not be used in the interpretation of these Conditions.

Words in the singular also include the plural and vice versa when the context so requires.

Words indicating a gender include either gender.

OBLIGATIONS OF THE EMPLOYER Access to the Site and Payments 5.2 5.2.1 1) The Employer will arrange to place the site and access thereto at the disposal of the Contractor as provided for under the Contract.

2) The Employer shall pay to the Contractor sums due under the Contract.
Construction Supervisor 5.2.2 (1) The Employer shall appoint a Construction Supervisor, as named in the SCC, for the Works and shall provide written notice to the Contractor of such an appointment.

The Employer may from time to time replace the Construction Supervisor by giving written notice to the Contractor of such replacement.
(2) The duties and powers of the Construction Supervisor are to: (a) Issue written instructions which the Contractor shall carry out without delay, notwithstanding the provisions of Clause 0.

Such instructions may include, but are not limited to, those which in the opinion of the Construction Supervisor may be necessary to resolve ambiguities or discrepancies in the various documents forming the Contract.
If instructions are given orally they shall within 7 days be confirmed in writing; (b) Issue instructions as to the expenditure of the provisional sum, if any.
The Construction Supervisor on a fair and reasonable basis shall value any costs arising out of such instruction; (c) Supply details of lines, levels and/or reference points to enable the Contractor to set out the works; (d) Order the removal or the rectification of defects; and/or (e) Instruct the Contractor to delay the start of or the progress of any activity on the Works Programme (refer to Clause 5.4.4).
Any claims or costs that may arise out of such an instruction shall be forwarded by the Contractor to the Construction Supervisor and shall include therein details and supporting documentary evidence.

The claim(s) shall be submitted within 7 days from the date of the instruction.

The Construction Supervisor shall evaluate and determine the appropriate form of the compensation for the delay, so as to advise the Contractor within 14 days and forward a copy of the advice to the Employer.
However, the Construction Supervisor shall prior to the issue of the instructions under this Clause obtain approval from the Employer.

62 (f) Any other duties and powers assigned to the Construction Supervisor, in addition to the above, are stated in the SCC.

(3) The Construction Supervisor may appoint a Representative to supervise the Contract and delegate any or all of the duties and powers of the Construction Supervisor to that Representative.
If such an appointment is made the Construction Supervisor shall provide written notice to the Contractor and the Employer and specify the duties and powers that are delegated to the Construction Supervisor’s Representative.
(4) The Construction Supervisor may require the instant dismissal from the Works of any agent, foreman or other person employed on the Works, or in connection with the Works, whether employed by the Contractor or not, where in the reasonable view of the Construction Supervisor that person breached any regulation or obligation in connection with the Works or applicable at the Site, or in connection with other persons involved with the works, or is negligent, or incompetent, or behaves in any other way inappropriate.
The Contractor shall immediately comply with, or ensure immediate compliance with, such requirement for dismissal, and the Contractor shall not again employ a person so dismissed on or in connection with the Works.
General Obligations OBLIGATIONS OF THE CONTRACTOR 5.3 5.3.1 (1) The Works to be performed shall be as specified in the Drawings and Specifications and the Contractor with due diligence and in a good workmanlike manner shall carry out and complete the Works to the reasonable satisfaction of the Construction Supervisor.
(2) The Contractor shall check and verify dimensions on Drawings on Site before proceeding with the Works, and shall bring any ambiguities in the Drawings and Specifications to the attention of the Construction Supervisor for clarification.

(3) The Contractor shall comply with all notices required by statute, statutory instrument, rule, order, regulation, or by-law applicable to the Works and shall pay all fees and charges in connection therewith.
(4) The Contractor shall at all times keep upon the Site a Site Manager acceptable to the Construction Supervisor, to supervise and direct the performance of the Works.

(5) The Contractor shall allow the Construction Supervisor and any person authorised by the Construction Supervisor 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.
(6) The Contractor shall carry out all instructions of the Construction Supervisor which comply with the applicable laws of the Republic of Vanuatu.

(7) The Contractor is responsible for acts and omissions of all employees of the Contractor and other persons performing portions of the Work under contract with the Contractor.

(8) The Contractor shall not subcontract any part of the Works without the written consent of the Construction Supervisor.
If requested, the Construction Supervisor shall not unreasonably withhold such consent.

Sufficiency of Tender Prices 5.3.2 (1) The Contractor shall be deemed to have inspected and examined the site and its surroundings and to have satisfied himself as to the nature of the ground and the subsoil before submitting his tender.
He shall also be deemed to have taken into account the form and nature of the site, the extent and nature of the work and materials necessary for the completion of the works, the means of communication with and access to the site, the accommodation he may require and in general to have obtained for himself all necessary 63 information as to the risks, contingencies and any other circumstances influencing or affecting his tender.
(2) The Contractor shall be deemed to have satisfied himself before submitting his tender as to the correctness and sufficiency of the tender and of the rates and prices stated in the Bill of Quantities or Schedule of Activities, which shall cover all his obligations under the contract.
(3) Since the Contractor is deemed to have determined his prices on the basis of his own calculations, operations and estimates, he shall, at no additional charge, carry out any work that is the subject of any item whatsoever in his tender for which he indicates neither a unit price nor a lump sum.

Safety, Health and Welfare and Environment 5.3.3 (1) The Contractor shall be responsible for all activities on the Site and shall comply with all relevant provisions of the laws of the Republic of Vanuatu.
Copyright 5.3.4 (1) The intellectual property and copyright (IP) in all drawings, documents and other materials containing data and information furnished to the Employer by the Contractor shall remain vested in the Contractor, or, if they are furnished to the Employer directly or through the Contractor by any third party, including Suppliers of materials, the copyright in such materials shall remain vested in such third party save insofar as the Contractor shall grant to the Employer a world-wide, non-exclusive, irrevocable and royalty-free licence to use the IP to give effect to the provisions of this agreement.
PERFORMANCE OF THE WORKS Site of the Works, Date for Commencement and Completion 5.4 5.4.1 (1) The Site of the Works, Expected Site Possession Date, Date for Commencement and Date for Completion are provided in the SCC, unless the dates are otherwise agreed in writing with the Construction Supervisor.

However, the Contractor cannot take possession of the Site until the Contractor has provided copies of the relevant Insurance policies to the Construction Supervisor.
(2) If it becomes apparent that the Works will not be completed within the Time for Completion for reasons beyond the control and without fault of the Contractor, the Contractor shall so notify the Construction Supervisor who shall extend the Time for Completion by a period reasonably supported by detailed particulars provided by the Contractor.

(3) Every delay in the completion of the Works that is not caused by the Contractor shall not constitute non-compliance with this Contract by the Contractor.
Adverse Weather Conditions 5.4.2 (1) In the event that unforeseeable adverse weather conditions affect the Contractual Works Programme, the Contractor may require an extension of time and, in such an event, shall notify the Construction Supervisor who shall extend the Date for Completion by a period determined by him/her without additional costs accruing to the Contract, provided the Contractor has supportive documentary evidence to substantiate that the inclement weather conditions prevailing at the time are worse than the average conditions normally prevailing in that locality and are, therefore, deemed to be unforeseeable.
Working Hours 5.4.3 (1) The working hours shall be 07:30 Hours to 16:30 Hours with a break of one (1) hour around mid-day for weekdays and 07:30 Hours to 12:00 Hours (noon) on Saturdays.

No work shall be carried out outside these working hours unless a written request has been submitted and approval given in writing by the Construction Supervisor, whose consent shall not be unreasonably withheld.
64 Contractual Works Programme and Communications 5.4.4 (1) Within 14 days of signing the contract the Contractor shall update the proposed Work Programme, including a revised methods statement (as included in the tender), and this will constitute the first Contractual Works Programme (2) The Contractual Works Programme shall be revised, as required by the Construction Supervisor, showing the modifications to such programme necessary to ensure completion of the Works within the Time for Completion.
(3) Communications between parties that are referred to in these Conditions shall be effective only when made in writing, and only when having been delivered and acknowledged in writing between one party and the other.

Contractor's Risks 5.4.5 (1) From the Time of Commencement until the Time of Completion the risks of personal injury, death, and loss of or damage to property (including, without limitation, the Works, materials and equipment) which are not the Employer Risks are Contractor's Risks.
Protection of Works and Property 5.4.6 (1) The Contractor shall, throughout the execution and completion of the Works and the remedying of any defects therein, take reasonable precautions for safety and protection to prevent damage, injury or loss to: (a) Employees of the work site and other persons who may be affected; (b) The Works and materials to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any sub-contractor of the Contractor; (c) Other property at or adjacent to the site including but not limited to trees, shrubs, lawns, walkways, pavement, roadways, structures and utilities not designated for removal, relocation or replacement in the course of the construction.
(2) Any damage caused to existing buildings, structures, services, roads and other site features shall be made good at the sole expense of the Contractor.
Indemnification INDEMNIFICATION AND INSURANCE REQUIREMENTS 5.5 5.5.1 (1) The Contractor shall keep the Employer and employees or agents of the Employer indemnified against any legal liability, loss, claim, action or proceeding for personal injury to or death of any person or damage to any property arising from the carrying out of the Works (except loss or damage caused by any negligent act, omission or default of the Employer or employees or agents of the Employer) and from any costs and expenses that may be incurred in connection with any such loss, claim, action or proceeding.
(2) The Contractor shall indemnify the Employer at all times against any compensation paid or any action, claim, demand or expense arising from or incurred by reason of the existence of any patent, design, trademark or copyright or other protected right in respect of any machine, plant, work material or thing, system or method of using, fixing, working or arrangement, used or fixed or supplied by the Contractor in connection with carrying out the Works.
Insurances 5.5.2 (1) The Contractor shall provide, in the joint names of the Employer and the Contractor, such insurances as are necessary to cover the liability of the Contractor and subcontractor(s) in respect of (a) personal injuries or deaths and damage to real or personal property arising out of or in the course of the carryout of the Works; (b) all unfixed materials and goods intended for the Works, delivered to, or placed on or adjacent to the Works and intended for the Works, and for an amount not less than the full Contract value and against all risks or physical loss or damage.
65 (2) The Contractor shall not cancel, cause to be cancelled, or alter the terms and conditions of any insurance policy covering this Contract without the express permission of the Employer.
Amounts and Evidence of Cover 5.5.3 (1) Such indemnification and insurances shall be in the type and amounts specified in the SCC, shall cover the period from the Date for Commencement to the end of the Defects Liability Period and shall be effected within fourteen (14) days of the date of contract signature, and in terms approved by the Employer.
(2) Prior to commencement of the Works, the Contractor, and any subcontractor, shall produce such evidence as the Construction Supervisor may reasonably require that the indemnification and insurances referred to in this Clause have been taken out and are in force for the duration required under the Contract.
(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.

5.6 MATERIALS AND WORKMANSHIP 5.6.1 Conforming to Contract All materials used in the Works and the standards of workmanship shall conform to the provisions of the Contract.
In the absence of such provisions, materials and standards of workmanship shall be of a kind that is suitable for their purpose and consistent with the nature and character of the Works.

Any material not otherwise specified shall be new and, where applicable, material and workmanship shall be to the satisfaction of the Construction Supervisor..
If the Construction Supervisor is of the opinion that any materials or the work or any part thereof, whether fixed or not, is unsatisfactory he may direct its replacement, removal or correction at the Contractor’s expense.

Proprietary Items 5.6.2 Unless specifically stated to the contrary, it is not intended to give any preference to the manufacturer or brand mentioned wherever a proprietary item is specified.
If the Contractor proposes to use a substitute proprietary item, he must provide full details of the item proposed to the Construction Supervisor for approval and the Construction Supervisor shall decide whether or not the proposed substitute may be used.

If approved, the substitution shall be recorded in writing by the Construction Supervisor, and the substitution shall only be used after the Contractor has received such written approval.
Storage of Material 5.6.3 The Contractor’s materials and plant shall only be stored in the location approved by the Construction Supervisor.

If no storage facilities are available it shall be the responsibility of the Contractor to provide storage facilities.
Access to Works and Materials 5.6.4 (1) The Construction Supervisor or any other person authorised by him, shall have free and uninterrupted access at all times to the Works and during working hours to any workshop or premises not on the site of the Works where materials may be in preparation or stored for the purpose of the Contract.
(2) The Contractor, if so required by the Construction Supervisor, shall give the Construction Supervisor all particulars as to the mode and place of manufacture of any of the materials proposed to be used in connection with the Contract and shall facilitate inspection of the materials.

66 Defects and Tests 5.6.5 (1) The Construction Supervisor 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 Construction Supervisor may instruct the Contractor to search for a Defect and to uncover and test any work that the Construction Supervisor considers may have a Defect.

(2) If the Construction Supervisor 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 cost of testing will be compensated by the Employer to the Contractor.

(3) The Construction Supervisor shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at the date of the issue of the Practical Completion (“Taking Over”) Certificate, and is defined in the SCC.

The Defects Liability Period shall be extended for as long as Defects remain to be corrected.
(4) Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Construction Supervisor's notice.

If the Contractor has not corrected a Defect within the time specified in the Construction Supervisor's notice, the Construction Supervisor will assess the cost of having the Defect corrected, and the Contractor will pay this amount.
COMPLETION AND CERTIFICATES Practical Completion (“Taking Over”) Certificate 5.7 5.7.1 (1) When, in the opinion of the Contractor, the whole of the Works have been substantially completed and have satisfactorily passed any tests on completion prescribed by the Contract, he shall request the Construction Supervisor to issue a Practical Completion (“Taking Over”) Certificate in the format provided.
(a) (b) (c) The Construction Supervisor shall within 14 days of the date of such request, issue to the Contractor, with a copy to the Employer, a Practical Completion (“Taking Over”) Certificate, stating the date on which, in his opinion the Works were substantially completed in accordance with the Contract; or The Construction Supervisor shall within 14 days of the date of such request, reject the application, giving reasons and specifying the work to be done in order for a Practical Completion (“Taking Over”) Certificate to be issued; or If the Construction Supervisor fails either to issue the Practical Completion (“Taking Over”) Certificate or to reject the Contractor’s request within a period of twenty eight (28) days of the date of such request, and if the Works are substantially complete in accordance with the Contract, the Practical Completion (“Taking Over”) Certificate shall be deemed to have been issued on the last day of that period.
(2) Upon the issue of the Practical Completion (“Taking Over”) Certificate 50% of the Retention money shall be certified by the Construction Supervisor for payment by the Employer to the Contractor; .
(3) The Construction Supervisor may, at the request of the Contracting Authority or Contractor and if the natures of the works so permits proceed with partial taking over, provided that the structures, parts of structures or sections of the works are completed and suited to the use as described in the contract.

In the cases of partial taking over, the defects liability period for the works taken over shall, unless the SCC provide otherwise, run from the date of such partial taking over.
Defects Liability Certificate 5.7.2 (1) Any defects which appear within the Defects Liability Period stated in the SCC after the date of substantial completion of the Works (as recorded in the Practical Completion (“Taking Over”) Certificate) shall be made good by the Contractor entirely at his own cost.
67 (2) The Defects Liability Certificate shall be issued by the Construction Supervisor once the Defects Liability Period has been completed and all defects that have been notified to the Contractor have been rectified.
(3) The Contract shall not be considered as completed until a Defects Liability Certificate has been signed and issued by the Construction Supervisor to the Employer, with a copy to the Contractor, stating the date when the Contractor shall have completed his obligations to execute and complete the Works and remedy any defects to such work to the satisfaction of the Construction Supervisor.
(4) Upon issuance of the Defects Liability Certificate and no later than the Final Payment Certificate, the Construction Supervisor shall certify the remaining fifty (50) percent of the Retention money for payment by the Employer to the Contractor.
5.8 VARIATION ORDERS (1) The Construction Supervisor may prepare a Variation Order making changes to the Works, specifications, timing and/or cost of the Contract and submit it to the Employer, with a brief justification for the variation, for approval to issue the Variation Order.

(2) The Contractor may submit a written proposal to the Construction Supervisor requesting a variation in the Works.
The proposal shall include a reasonable estimate of the time and/or cost of the variation, as well as a brief justification for the variation.

If the Construction Supervisor agrees to the proposal he shall submit it to the Employer for approval to issue a Variation Order.

(3) After receiving approval from the Employer, the Construction Supervisor shall issue the Variation Order to the Contractor within 3 days.
By signing and returning a copy of the Variation Order the Contractor agrees to the terms and conditions of the Variation Order.

(4) The Contractor shall, in writing and within 7 days of receiving the Variation Order, notify the Construction Supervisor of any disagreement with the Variation Order.

Any disagreement shall be settled in accordance with Clause 5.14.
Contract Price TERMS OF PAYMENT 5.9 5.9.1 (1) Unit Costs / Lump Sum charged by the Contractor for the Works performed under the Contract shall not vary from the Unit Costs / Lump Sum offered by the Contractor in its Tender.

The total payments to be made against the Contract shall not exceed the Contract Price stated in the Contract Agreement, except for changes made to the Contract as provided for in Clause 5.8.
(2) The Rates in the Bill of Quantities / Schedule of Activities, shall not be subject to adjustment during the Contract to take into account any change in cost to the Contractor of any plant, equipment, materials, service, labour or any other thing necessary for the completion of the Works.

Provisional Sum 5.9.2 The Contractor shall be entitled only to such amounts in respect of the work to which the Provisional Sum relates as the Employer shall determine.
Advance Payment 5.9.3 (1) If specified in the SCC, the Employer will make an advance payment to the Contractor in the percentage stated in the SCC against submission of an unconditional Bank Guarantee for the full value of the advance, in the format provided.

(2) The advance payment shall be repaid by deducting amounts as specified in the SCC from payments otherwise due to the Contractor.

The total advance payment to be recovered during the period of the Contract.
68 Interim Payments 5.9.4 (1) The Contractor shall submit, at the intervals stated in the SCC, an Interim Payment Statement to the Construction Supervisor, in the form approved by the Construction Supervisor, showing: (a) The value of the Works executed on the Site, including any materials and goods delivered to the Site for incorporation in the Works, for the period covered by the Statement; (b) Any other sums to which the Contractor considers himself to be entitled under the Contract (if applicable); (c) Less the total of interim progress payments made by the Employer; (d) Less the amount to be deducted for Retention, at the rate stated in Clause 5.9.6; (e) Less the amount, if any, to be recovered from the Contractor due to an advance payment having been made to the Contractor.
(2) The Construction Supervisor shall satisfy himself that the Works accomplished for the respective period have been completed without defects in pursuance of the Contract, and any statutory Acts regulating construction Works in Vanuatu, and within 7 days shall certify the interim payment which he considers due and payable to the Contractor in respect of the above mentioned items.
The Employer shall pay to the Contractor the amount so certified within 30 days of the date of the Payment Certificate issued by the Construction Supervisor.

The basis for calculation of payments shall be that specified in the Bill of Quantities / Schedule of Activities.

(3) When defects are detected in the Works accomplished for the respective period they shall be priced and their cost shall be retained from the amount due for that period.
If the defects are not completed by the time of submission of the next Interim Payment Statement the costs shall be retained until the completion of the defects and the issuance of the Practical Completion (“Taking Over”) Certificate.
Final Payment 5.9.5 (1) Within 30 days of issuance of the Defects Liability Certificate, the Contractor shall submit a Final Payment Statement to the Construction Supervisor, in the form approved by the Construction Supervisor, showing: (a) The value of all the work done in accordance with the Contract; (b) Any further sums which the Contractor considers to be due to him under the Contract (if applicable); (c) Less any sums due to the Employer under the provisions of Clause 5.12 – Liquidated Damages; (d) Less the amount to be deducted for Retention, at the rate stated in Clause 5.9.6; (e) Less the total of all interim payments received under the Contract and any sums that might be due from the Contractor to the Employer.
The basis for calculation of the value of the work done shall be that specified in the Bill of Quantities / Schedule of Activities.
(2) Provided the Contractor shall have provided all documents reasonable necessary for the computation of the amount to be certified, the Construction Supervisor shall within 30 days of receiving the Contractor’s Final Payment Statement, issue a Final Payment Certificate certifying the amount due to the Contractor or to the Employer, as the case may be, and such sums shall be a debt payable within 30 days of the date of the Final Payment Certificate.
(3) In the event that the Contractor fails or neglects to submit a Final Payment Statement, the Construction Supervisor may nevertheless issue a Final Payment Certificate provided he has sufficient information to calculate the value of such Certificate.

(4) The Employer shall within 30 days from the date of the Final Payment Certificate pay to the Contractor the amount due to the Contractor.
69 (5) If on the Final Payment Certificate a payment is due to the Employer the Contractor shall within 30 days from the date of the Final Payment Certificate pay the Employer that amount due.

(7) The Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or the execution of the Works, unless the Contractor shall have included a claim in respect thereof in his Final Payment Statement.
Payment Retention and Release 5.9.6 (1) In order to take into account any list of outstanding Works at the time of taking over of the Works and the obligation of the Contractor to complete the proper execution of the Works a Payment Retention of 10% shall be deducted from the payments due to the Contractor with respect to each interim payment and the final payment of the Contract.
(2) 50% of the sum retained shall be paid by the Employer to the Contractor within 30 days following the issue of the Practical Completion (“Taking Over”) Certificate.

(3) The substitution of the Payment Retention by a Bank guarantee or security bond may be provided by the Contractor on the date of issue of the Practical Completion (“Taking Over”) Certificate.

The remaining 50% shall be released within 30 days upon the issue of the Final Payment Certificate.
5.10 PAYMENTS ON TERMINATION (1) Upon termination of the Contract, the Contractor shall be entitled to payment of the unpaid balance of the value of the Works executed adjusted by the following: (a) Any sums to which the Contractor is entitled under this Clause; and (b) Any sums to which the Employer is entitled.

5.10.1 (1) Refer to the SCC.


Taxes and Duties 5.11 PERFORMANCE SECURITY (1) The proceeds of the Performance Security provided by the Contractor shall be payable to the Employer as compensation for any loss resulting from the Contractor’s failure to complete its obligations under the Contract.
(2) The Performance Security shall be discharged by the Employer and returned to the Contractor not later than 30 days following the date of Completion of the Contractor’s obligations under the Contract, including any defects liability obligations.

5.12 LIQUIDATED DAMAGES (1) Liquidated damages as applicable are as stated in the SCC.
5.13 TERMINATION AND SUSPENSION 5.13.1 Termination for Default (1) The Employer may, without prejudice to any other remedy for breach of Contract or written notice of default sent to the Contractor, terminate the Contract in whole or in part if the Contractor: (a) Abandons the works, refuses or fails to comply with a valid instruction of the Employer or fails to proceed expeditiously and without delay: or (b) Persistently or repeatedly refuses or fails to supply sufficient properly skilled workers or proper materials; or (c) Persistently disregards laws, ordinance, or rules, regulations or orders, of a public authority having jurisdiction; or (d) Otherwise is guilty of substantial breach of a provision of the Contract; or (e) Has engaged in corrupt, fraudulent, coercive or obstructive practices in competing for or in executing the Contract.
Termination for Insolvency 70 (2) The Employer may at any time terminate the Contract by giving notice to the Contractor if the Contractor becomes bankrupt or otherwise insolvent.

In such event, the Contractor shall be compensated for the Works completed and materials supplied up to the date of termination only, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the Employer.
Termination for Convenience 5.13.2 (1) The Employer may, without cause, by written notice order the Contractor to terminate its engagement under the Contract.

Upon such termination, the Contractor shall be paid for the Work performed up to the date of termination, provided that any such uncompleted Works were not late or otherwise overdue for completion at the date of termination.
The Contractor shall promptly make every reasonable effort to procure cancellation upon terms acceptable to the Employer of all outstanding subcontracts.
Termination by the Contractor 5.13.3 (1) In the event the Employer fails to comply with the requirements under Clause 5.9.3 and 5.9.4 within a period of 30 days after the payments became due, the Contractor may after a further 7 days serve a notice to the Employer to terminate this Contract and any costs shall be determined in accordance with the provisions of Clause 5.9.4.
Property 5.13.4 (1) All materials, plant, equipment on the Site, and Works shall be deemed to be the property of the Employer if the Contract is terminated because of the Contractor's default.

Suspension of Funding 5.13.5 (1) In the event that funding from which part of the payments to the Contractor are being made is suspended the Employer is obliged to notify the Contractor of such suspension within 7 days of having received advice of the suspension of funding.
5.13.6 (1) In the event that the Works are suspended due to circumstances beyond the control of the Employer or the Contractor, the Employer shall after due consultation with the Contractor, determine any extension of time to which the Contractor is entitled and the amount that shall be added to the Contract Price (if any) under Clause 5.8.

The Contractor shall make all reasonable effort to find alternative arrangements for plant that is idle due to the suspension of Works.
Suspension of the Works 5.14 DISPUTES AND SETTLEMENT 5.14.1 Negotiated Settlement (1) The Parties agree that the avoidance or early resolution of disputes is crucial for a smooth execution of the Contract and the success of the assignment.

The Parties shall use their best efforts to negotiate all disputes arising out of, or in connection, with this Contract or its interpretation.

Failing successful negotiation the courts in Vanuatu will settle any disputes in line with the laws of the Republic of Vanuatu.
5.15 FORCE MAJEURE 5.15.1 No Breach of Contract (1) The failure of a Party to fulfil any of its obligations under the contract shall not be considered to be a breach of, or default under, this Contract insofar as the inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event.
Extension of Time 5.15.2 (1) Any period within which a Party shall, pursuant to this Contract, complete any action or task shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.
71 Payments 5.15.3 (1) During the period of its inability to complete the Works as a result of an event of Force Majeure the Contractor shall be entitled to continue to be paid under the terms of this Contract, as well as to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of the Contract and in reactivating the Contract after the end of such period.
5.16 INTEGRITY/ PROBITY (1) Neither the Contractor, nor any Representative of the Contractor will engage in fraud, corruption, collusion, coercion and/or obstructive practises in competing for, or in executing the contract.
Should the Contractor, or any Representative of the Contractor engage in the above, they could face any, or all, of the following sanctions: (a) Immediate termination of contract (refer Termination and Suspension above); (b) Liability for damages to the Government of Vanuatu and other competing bidders; (c) Debarment (blacklisting) for five years from engaging in any further contract with the Government of Vanuatu; and (d) Public Prosecution under the Penal Code Act.
(2) The Contractor, or any Representative of the Contractor, shall immediately report to the Police, Public Prosecutor and Chairman of the Public Service Commission any attempt by the Employer, or the Employer’s Representative, to demand bribes or gifts in relation to this contract.

72 SECTION 6 - SPECIAL CONDITIONS OF CONTRACT These Special Conditions (SCC) of Contract supplement and/or amend the General Conditions of Contract.
The SCC will be updated and included in the Contract Documents when these are prepared for issue to the successful Tenderer.

GCC Ref.
5.1 (1) Heading Employer’s Representative 5.1 (2) Contractor’s Representative 5.1(6) 5.2.2(1) Construction Supervisor Date for Commencement Date for Completion 5.1(6) 5.4.1(1) 5.1(6) 5.4.1(1) 5.1 (6), 5.6.5 (3) & 5.7.2 (1) 5.2.2(2)(f) Other duties and Defects Liability Period powers assigned to the Construction Supervisor 5.4.1 (1) Site of the Works 5.4.1 (1) 5.5.3 (1) Expected Site Possession Date Insurances 5.7.1 (3) 5.9.3 (1) Partial Practical Completion (“Taking Over”) Certificates Advance Payment Description The Employer is represented by: Jimmy Tabi Planner Shefa Provincial Government Tel: +678 22752 Email: The Contractor is represented by: Tel: Fax: Email: The Construction Supervisor appointed by the Employer to supervise the construction and certify completion is: Jackson Kamoe Infrastructure Engineer Market for Change MPH: 7712751, 7741981 Email: jackson.kamoe@unwomen.org 10 December 2018 08 February 2018 The Defect Liability Period shall be 6 months from the issue of the Practical Completion (“Taking Over”) Certificate.
The other powers and duties assigned to the Construction Supervisor under this contract are as follows: Supervisor cannot authorise any change in Contract Price or extension of time; these responsibilities rest with the Employer.
The exact location of the Site is: Independence Park, Port Vila (as per Attachment 1 in the Scope of Work) 14 days after signing contract Public Liability: 50million vatu Workers Compensation – as required under Vanuatu Law Equipment, vehicle and general insurance No deviation from Clause 5.7.1 The Amount of the Advance Payment will be up to 20% of the Contract price paid only upon the receipt of an unconditional bank guarantee 73 GCC Ref.
Heading 5.9.4 (1) Interim Payment Statements 5.9.6 Payment Retention and Release Description made out to the Employer to an equivalent Value.

The bank guarantee shall be returned to the Contractor upon completion of 50% of the works.

The Formula for Recovery of Advance payment will be determined in the payments schedule (as per below).

20% will be deducted from each payment made The Contractor shall submit Interim Payments Statements based on percentage of works complete.
Submission of Schedule of Activities 1.

Submission of correctly rendered invoice noting deductions for retention and any advance payments and, 2. conformant with the invoice amount and, 3.

Submission of monthly reports to Construction Supervisor and, Invoices are to be clearly marked: 4.
Market for Change Infrastructure Project Attn: Jimmy Tabi  Retention of 10%  5% to be returned upon issue of Completion Certificate  5% retained until Defects Liability Certificate is issued and paid according to the clause.
5.10.1 5.12.1 Taxes and Duties Liquidated Damages Exclusive of all taxes and duties 0.2% per day 74 SECTION 7 - FORMS Sample forms are attached for use as applicable: FORM 1 TENDER SECURITY (BANK GUARANTEE) FORM 2 PERFORMANCE SECURITY (BANK GUARANTEE) FORM 3 ADVANCE PAYMENT SECURITY (BANK GUARANTEE) FORM 4 CONTRACT AGREEMENT FORM 5 PRACTICAL COMPLETION (“TAKING OVER”) CERTIFICATE FORM 6 DEFECTS LIABILITY CERTIFICATE 75 [To be provided on headed notepaper of the bank issuing the guarantee] Form 1 - Tender Security (Bank Guarantee) To: Beneficiary: [Enter beneficiary] Date: [Enter date] TENDER SECURITY No: [Enter Bank Guarantee Number] We have been informed that [enter name of the Tenderer] ("the Tenderer") intends to submit to you its Tender ("the Tender") for the execution of [enter name of contract] under RFT Works No.
[enter Tender number] (“the RFT”).

Furthermore, we understand that, according to your conditions, the Tender must be supported by a Tender Security.
At the request of the Tenderer, we [Enter name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [Enter name of currency and amount in figures and in words]1 upon receipt by us of your first demand in writing accompanied by a written statement stating that the Tenderer is in breach of its obligation(s) under the Tender conditions, because the Tenderer: (a) (b) (c) Has withdrawn its Tender during the period of Tender validity as specified in the Tendering Document; or Does not accept the correction of arithmetical errors as specified in Tendering Document; or Having been notified of the acceptance of its Tender during the period of Tender validity, (i) fails to furnish the performance security, in accordance with the Tender Document or, (ii) fails or refuses to execute the Contract Agreement.
This guarantee will expire: (a) if the Tenderer is the successful Tenderer, upon our receipt of copies of the signed contract; or (b) if the Tenderer is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of your notification that the Tenderer’s Tender has not been successful; or (ii) thirty days after the expiration of the Tenderer’s Tender.

Consequently, we must receive any demand for payment under this guarantee at our offices on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.

458.

_____________________________ [Seal of Bank and Signature(s)] 76 Form 2 - Performance Security (Bank Guarantee) [To be provided on headed notepaper of the bank issuing the guarantee] To: Beneficiary: [Enter beneficiary] Date: [Enter date] PERFORMANCE SECURITY No.
: [Enter Guarantee Number] We have been informed that [Enter name of the Contractor] (“the Contractor”) was awarded a Contract for the Execution of [Enter name of contract and brief description of Works] (“the Contract”), as a result of RFT Works No.

[Enter number].

Furthermore, we understand that, according to the conditions of the Tender, a Performance Guarantee is required.
At the request of the Contractor, we [Enter name of the Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [Enter name of the currency and amount in figures] [Enter name of currency and amount in words]1 upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire no later than [Enter date] 2 and any demand for payment under it must be received by us at this office on or before that date.

We agree to a one-time extension of this guarantee for a period not to exceed [Enter number in words] months, in response to your written request for such extension, such request to be presented to us before the expiry of the guarantee.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

_____________________________ [Seal of Bank and Signature(s)] Note: Insert the amount representing 10% of the Contract Price and denominated in the currency (ies) of the Contract, or a freely convertible currency acceptable to the Beneficiary.

2 Insert the date twenty-eight days after the expiry of the defects liability obligations, as provided for under the Tender Document / Contract.
The Beneficiary should note that in the event of an extension of the time for completion of the Contract (and therefore of the Defects Liability Period), the Beneficiary will need to request an extension of this guarantee from the Bank, accordingly.

Such request must be in writing and must be made prior to the expiration date established in the guarantee.
77 FORM 3 - Advance Payment Security (Bank Guarantee) [To be provided on headed notepaper of the bank issuing the guarantee] To: Beneficiary: [Enter beneficiary] Date: [Enter date] ADVANCE PAYMENT GUARANTEE No.

: [Enter Guarantee Number] We have been informed that [Name of the Contractor] (‘the Contractor’) has entered into Contract No.

[Enter Contract Number] dated [enter date] with you, for the Execution of [Enter description of Works] (‘the Contract’).
Furthermore, we understand that, according to the Terms and Conditions of the Contract, an advance payment in the sum of [Enter name of currency and amount in figures and words] 1 is to be made against an advance payment guarantee.
At the request of the Contractor, we [Enter name and address of the Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [Enter name of the currency and amount in figures and in words]1 upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligations under the Contract.
It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Contractor in its account number [enter Contractor’s account number] at [Enter name and address of the Bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Contractor as stated in copies of submitted invoices which shall be presented to us.
This guarantee shall remain valid and in full effect from the date the advance payment is received by the Contractor in its bank account until [Insert date]2.

Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.
We agree to a one-time extension of this guarantee for a period not to exceed [insert number] months, in response to the Beneficiary’s written request for such extension, such request to be presented to us before the expiry of the guarantee.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.

458.
458.

__________________________ [Seal of Bank and Signature(s)] Notes: 1 Insert the amount representing the amount of the advance payment, and denominated in the currency (ies) of the Contract, or a freely convertible currency acceptable to the Beneficiary.
2 Insert the date stipulated in the Contract for completion of works.. 78 FORM 5 - Contract Agreement Contract No: Brief Description: This Contract is made the day of [Enter date] by and between [Enter name and address of Employer] (the ‘Employer’) on the one part and [Enter name and address of Contractor] (the ‘Contractor’) on the other part; Whereas the Employer has accepted the Tender of the Contractor [enter reference number and date] for the execution of such Works in the sum of: [Employer to enter currency and amount in words and figures] In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to.
The documents constituting the Contract are as shown below in order of precedence and shall be deemed to form and be read as part of this Agreement.
(a) (b) (c) (d) (e) (f) This Contract Agreement The Special Conditions of Contract The General Conditions of Contract Technical Specifications, Bill of Quantities The Contractors Tender and Response Schedules Other documents [EMPLOYER to enter as required]; In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete such Works in conformity in all respects with the provisions of the Contract.
The Employer hereby agrees to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein the Contract Price or 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 of the aforesaid, the parties hereto have caused this Contract to be executed in accordance with the laws of the Republic of Vanuatu.
For the Employer Signature: Date: For the Contractor Signature: Date: 79 FORM 5 – Practical Completion (“Taking Over”) Certificate CONTRACT No.

: CONTRACT TITLE/ DESCRIPTION: CONTRACTOR: LOCATION OF WORKS: CONTRACT START DATE: CONTRACT COMPLETION DATE: TOTAL COST OF WORKS DESCRIPTION OF WORKS COVERED BY THIS CERTIFICATE 1.
In accordance with the provisions set forth in the Contract Agreement and on the basis of the verification/inspection of completion of the Employer’s Representative on [Enter date of inspection], we hereby certify that the Contractor has satisfactorily and fully completed the scope of works [Employer to enter, including variations, if any] as called for in the Contract Agreement, in accordance with the Schedule of Requirements and associated Construction Schedule, approved plans and technical specifications, and the Price Schedule (whether based on unit prices or lump sum).
the works undertaken by The defects liability period commences from the date of Practical Completion and shall remain in effect for [Employer to enter defects liability period] thereafter.

SCHEDULE OF DEFECTS AND/OR OUTSTANDING WORKS AT DATE OF ISSUE OF NOTICE LOCATION DESCRIPTION This Certificate likewise provides approval for the release of 50% of the Retention due to the Contractor in accordance with the terms and conditions of the Contract.
Practical Completion Date: For and on behalf of: [Employer to enter] By: [Employer to enter name] [Enter signature] Date of Issuance of this Certificate: Confirming Acceptance for and on behalf of: [Contractor] By: [Contractor to enter name] [Enter signature] 80 Form 6 – Defects Liability Certificate Contract No.
[EMPLOYER to insert] Description of Works Location of Works Name of Contractor Total Cost of Works Date Started Date Completion of Defects Liability Period In accordance with the provisions set forth in the Contract and on the basis of the verification of the completion of notified defects undertaken by the Construction Supervisor on [insert Date of inspection], we hereby certify that the Contractor has satisfactorily and fully completed the Contract as called for in the Contract and in accordance with the Works Programme, approved plans and technical specifications, and any other contractual documents.
This Certificate likewise provides approval for the release of the Performance Security and remaining Retention Monies due to the Contractor in accordance with the terms and conditions of the Contract.

Issued [Enter date].

By: [EMPLOYER to enter name] Construction Supervisor [EMPLOYER to enter name of recipient who will also sign to confirm acceptance of the works] [Enter signature] [Enter signature] 81