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Procurement of Small Works: Standard Bidding Document

This document provides standard bidding instructions and contract terms for the procurement of small works projects by the Federal Government of Nigeria. It outlines the notice to users, including that the document should be tailored to the specific project. It also summarizes the contents and structure of the document, which includes sections on instructions to tenderers, general conditions of contract, special conditions of contract, standard forms, schedule of works and specifications, and drawings. The purpose is to provide all necessary information for tenderers to prepare and submit bids for small works contracts funded by the Nigerian government.

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Hussein Boffu
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© © All Rights Reserved
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0% found this document useful (0 votes)
84 views

Procurement of Small Works: Standard Bidding Document

This document provides standard bidding instructions and contract terms for the procurement of small works projects by the Federal Government of Nigeria. It outlines the notice to users, including that the document should be tailored to the specific project. It also summarizes the contents and structure of the document, which includes sections on instructions to tenderers, general conditions of contract, special conditions of contract, standard forms, schedule of works and specifications, and drawings. The purpose is to provide all necessary information for tenderers to prepare and submit bids for small works contracts funded by the Nigerian government.

Uploaded by

Hussein Boffu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 52

FEDERAL GOVERNMENT OF NIGERIA

STANDARD BIDDING DOCUMENT

For the

Procurement of
Small Works
May 2011
Notice to Users

1. This Standard Bidding Document (SBD) has been prepared by the Bureau of Public
Procurement for the Procurement of Small Works and Related Services under National
Competitive Tendering (NCT) when financed by the National Budget and to enable a
Procuring Entity to select the lowest evaluated tender.

2. This STD dated ……is in accordance with the Procurement Act, and the policies and
procedures of the Regulations for Goods and Works, among others paragraphs 10-12
regarding the eligibility of Tenderers, and has been adapted to the needs of Nigeria
from internationally acceptable model formats. The STD when properly completed will
provide all the information that a Tenderer needs in order to prepare and submit a
Tender. This should provide a sound basis on which the Procuring Entity can fairly,
transparently and accurately carry out a Tender evaluation process on the Tenders
submitted by the Tenderers.

3. For small, lower value works usually no pre-qualification process takes place before the
Tender Document is issued. This document may be used for the Open Tendering method
and for the Selective Tendering method (“Shopping”), whereby Tenders are invited from
a list of pre-selected Tenderers.

4. This STD is for lump sum type Contracts priced against an activity schedule, listing the
main activities. A Breakdown of Lump Sum Prices showing rates and prices for all
items of the Works described in the Schedule of Works, including the delivery of
materials to the Site is provided separately to give a basis for processing progress
payments to the Contractor
Lump sum contracts are used for buildings, rehabilitation and other forms of construction
where the Works are well defined and are unlikely to change in quantity or specification,
and where encountering difficult or unforeseen site conditions (for example, hidden
foundation problems) is unlikely.

5. The following guidelines apply for the Procuring Entity when using this STD:
(a) check the relevance of the provisions of the STD against the requirements of
the specific Works to be procured;
(b) tailor the document to the circumstances of the particular Project. The
Procuring Entity should only introduce such adjustments in the Sections of the
STD which are specifically designed for this purpose: Section 2: the Special
Instructions to Tenderers (SIT); Section 4: the Special Conditions of Contract
(SCC); Section 6: Schedule of Works, including Specifications, and Section 7:
Drawings. Those details not filled by the Procuring Entity are the
responsibility of the Tenderer;
(c) but never change the Instructions to Tenderers;
(d) provide the specific information needed in the italicized notes inside brackets
and boxes. These notes should also specify where the Tenderer should provide
information. Footnotes and boxes solely prepared for the use of the
Procuring Entity are not part of the final STD to be issued and should be
removed from the final version;

i
(e) retain the other notes and boxes which specify that they are guidance to the
Tenderers.
(f) indicate the name of the project, the contract number, the name of the
Procuring Entity and the date of issue on the cover of the document;
6. The Standard Tender Document for the Procurement of Works has the following
contents:
IFT Invitation for Tender (IFT): This is a repeat of the IFT which was published
in the media and on the website of the Procuring Entity announcing the Tender
and providing the essential information to prospective Tenderers to invite
them to participate. It is reprinted here for reference purposes only
Section 1 Instructions to Tenderers (ITT): The ITT are standard instructions which
guide the Tenderers how to prepare their tenders. Standard instructions mean
that they cannot be modified by the Procuring Entity. The ITT are based on
the Procurement Law and the Regulations for Goods and Works, from which
the procedures for tender submission, opening, evaluation and Contract award
have been derived. They clarify the general evaluation criteria for the selection
of the lowest evaluated responsive tenderer and describe the basic
qualifications of the Tenderer needed for contract execution. This Section
cannot be changed under any circumstances.
Section 2 Special Instructions to Tenderers (SIT). In this Section the Procuring Entity
supplements or adapts the relevant clauses of the ITT to the specific tender
information or project requirements where needed (name of the Procuring
Entity, tender submission date, specific evaluation criteria, amount of tender
security (if applicable), tender validity period, alternative tenders permitted or
not, fixed price contract or contract subject to price adjustment, works
completion date, level of performance security and advance payment
guarantee (if required) to be provided at contract signature, etc). Modifications
to the Instructions to Tenderers cannot change the Law or the Regulations.
Section 3 General Conditions of Contract (GCC). The GCC define the conditions of
contract for Works in Nigeria and are also based on the Procurement Law and
the Regulations for Goods and Works. Like the ITT, the GCC cannot be
modified or adapted by the Procuring Entity except through the Special
Conditions of Contract.
Section 4 Special Conditions of Contract (SCC). The SCC supplement or adapt the
relevant clauses of the GCC to the specific requirements of the contract (in
particular with respect to the starting date, description of the Works, insurance
requirements, percentage of advance payment, payment schedule, price
adjustment formula, subcontracting provisions, relationship with the
supervising engineer, percentage of retention money and/or performance
guarantee (security), liquidated damages, bonus and penalty provisions,
arbitration rules, etc.).
Section 5 Standard Tender and Contract Forms. This Section provides the standard
format for the Tender Submission Sheet, (Form W-1), Tenderer
Information Sheet (Form W-2) and Tender Security (Form W-3), if
required, to be submitted by the Tenderer.

ii
This Section also contains the form of the Notification of Award (Form W-
4) and the Contract Agreement (Form W-5) which, when completed,
incorporates any corrections or modifications to the accepted Tender relating
to amendments permitted by the Instructions to Tenderers, the General
Conditions of Contract (GCC), and the Special Conditions of Contract (SCC).
The forms for Performance Security (Form W-6) and Advance Payment
Security (Form W-7) (when required) are to be completed by the successful
Tenderer after Contract award and these forms must be submitted by the
successful Tenderer as a condition of contract signature.
Section 6 Schedule of Works including Specifications: This Section provides the
items and estimated quantities of Works and Related Services to be performed,
as well as the detailed Technical Specifications that describe the Works to be
procured and must be carefully prepared by a Procuring Entity for each object
of procurement.
Section 7 Drawings: This Section contains any Drawings that supplement the Schedule
of Works including Specifications for the Works and Related Services to be
procured.

iii
FEDERAL REPUBLIC OF NIGERIA

[enter here the name of the procuring entity]

STANDARD TENDER DOCUMENT

FOR THE PROCUREMENT OF SMALL WORKS

[enter here the nature of the works and related services to be procured]

Name of Procuring Entity


Invitation for Tender No:
Issued on:

Tender Package No:

FGN STD Small Works – May 2011 Revision 1.0


Table of Contents
Invitation for Tenders...........................................................................................................1
Section 1: Instructions to Tenderers............................................................................2
A.General..........................................................................................................................2
1. Scope of Tender.......................................................................................................2
2. Source of Funds.......................................................................................................2
3. Corrupt Fraudulent Collusive or Coercive Practices................................................2
4. Eligible Tenderers...................................................................................................4
5. Site Visit..................................................................................................................5
B.Tender Document.........................................................................................................5
6. Sections of the Tender Document............................................................................5
7. Clarification of the Tender Document....................................................................5
8. Amendment of the Tender Document:.....................................................................6
C.Tender Preparation......................................................................................................6
9. Only one Tender......................................................................................................6
10. Preparation Costs of the Tender...............................................................................6
11. Tender Language.....................................................................................................6
12. Contents of the Tender............................................................................................6
13. Alternative Tenders.................................................................................................7
14. Prices and Currency of Tenders...............................................................................7
15. Validity and Security of Tenders.............................................................................7
16. Tender Format and Signing.....................................................................................7
D.Tender Submission.......................................................................................................8
17. Tender Sealing and Marking....................................................................................8
18. Tender Submission Deadline...................................................................................8
19. Late Tenders............................................................................................................8
20. Tender Modification, Substitution or Withdrawal...................................................9
E.Tender Opening and Evaluation.................................................................................9
21. Tender Opening.......................................................................................................9
22. Confiden-tiality.......................................................................................................9
23. Tender Clarification...............................................................................................10
24. Tenderer Contacting the Employer........................................................................10
25. Tender: Responsi-veness.......................................................................................10
26. Minor Deviations...................................................................................................10
27. Evaluation and Comparison of Tenders.................................................................11
28. No Negotiations.....................................................................................................11
29. Employer’s Right to Accept or Reject any or all Tenders......................................11
F. Contract Award..........................................................................................................11
30. Award Criteria.......................................................................................................11
31. Notification of Award............................................................................................11
32. Performance Security............................................................................................12
33. Contract Signing....................................................................................................12
34. Tenderer’s Right to Complain...............................................................................12
Section 2. Special Instructions To Tenderers................................................................12
A.General........................................................................................................................12
B.Tender Document.......................................................................................................14
C.Preparation of Tenders..............................................................................................14
D.Submission of Tenders...............................................................................................15
E.Tender Opening and Evaluation...............................................................................15
F. Award of Contract......................................................................................................16
Section 3. General Conditions of Contract................................................................16
1. Definitions.............................................................................................................16

FGN STD Small Works – May 2011 Revision 1.0 iv


2. Interpretation & Documents forming the Contract................................................16
3. Corrupt, Fraudulent, Collusive or Coercive Practices............................................17
4. Governing Language and Law...............................................................................18
5. Engineer’s Decision...............................................................................................18
6. Delegation.............................................................................................................18
7. Communications and Notices................................................................................19
8. Sub- Contracting & Assigning...............................................................................19
9. Contractor’s Personnel...........................................................................................19
10. Welfare of Labourers and wages...........................................................................19
11. Safety, Security and Protection of the Environment..............................................19
12. Access to the Site...................................................................................................19
13. Documents, Information........................................................................................19
14. Property.................................................................................................................19
15. Insurance...............................................................................................................20
16. Possession of the Site............................................................................................20
17. Commencement of Works.....................................................................................20
18. Completion of Works............................................................................................20
19. Programme of Works.............................................................................................20
20. Early Warning.......................................................................................................21
21. Compens- ation Events..........................................................................................21
22. Non-Scheduled Items of Works.............................................................................21
23. Schedule of Works..................................................................................................21
24. Payment Certificates..............................................................................................22
25. Payments and Currency.........................................................................................22
26. Retention...............................................................................................................22
27. Liquidated Damages..............................................................................................22
28. Performance Security............................................................................................23
29. Cost of Repairs......................................................................................................23
30. Completion............................................................................................................23
31. Correction of Defects.............................................................................................23
32. Taking Over...........................................................................................................23
33. Final Account........................................................................................................23
34. Termination...........................................................................................................23
35. Payment upon Termination....................................................................................24
36. Release from Performance.....................................................................................24
37. Settlement of Disputes...........................................................................................24
Section 4. Special Conditions of Contract.................................................................26
Section 5. Tender and Contract Forms.....................................................................29
Tender Submission Sheet (Form W-1)..........................................................................30
Tenderer Information Sheet (Form W-2).....................................................................31
Bank Guarantee for Tender Security (Form W-3)......................................................33
Notification of Award (Form W-4)................................................................................34
Contract Agreement (Form W-5)..................................................................................35
Bank Guarantee for Performance Security (Form W-6).............................................36
Bank Guarantee for Advance Payment (Form W-7)...................................................37
Section 6. Schedule of Works including Technical Specifications..........................38
Section 7. Drawings.....................................................................................................39

FGN STD Small Works – May 2011 Revision 1.0 v


[ Note: The Invitation for Tenders that follows on the next page is the standard format as it should
appear on the website. The procuring entity should ensure that a hard copy of the Invitation for
Tenders as actually published is included in the issued Tender Document.]

FGN STD Small Works – May 2011 Revision 1.0 vi


Invitation for Tenders

FGN STD Small Works – May 2011 Revision 1.0 1


Section 1: Instructions to Tenderers
A. General
1. Scope of 1.1 The Employer, as indicated in the Special Instructions To Tenderers (SIT)
Tender issues this Tender Document for the procurement of Works and Related
Services incidental thereto as specified in the SIT and as detailed in
Section 6: Bill of Quantities. The name of the Tender and the number and
identification of its constituent lot(s) are stated in the SIT.

1.2 The successful Tenderer will be required to complete the Works within the
Time for Completion stated in the Special Conditions of Contract (SCC).

1.3 Throughout this Tender Document:


(a) the term “in writing” means communicated in written form
with proof of receipt;
(b) if the context so requires, singular means plural and vice versa;
and
(c) “day” means calendar day.

2. Source of 2.1 The Employer has been allocated public funds as indicated in the SIT and
Funds intends to apply a portion of the funds to eligible payments under the
Contract for which this Tender Document is issued

2.2 For the purpose of this provision, “public funds” means any monetary
resources appropriated to procuring entities under Government budget, or
revenues generated by statutory bodies and corporations, or aid grants and
credits put at the disposal of procuring entities by the development
partners through the Government.

2.3 Payments by the development partner, if so indicated in the SIT, will be


made only at the request of the Government and upon approval by the
development partner in accordance with the applicable Loan/Credit/Grant
Agreement, and will be subject in all respects to the terms and conditions
of that Agreement.

3. Corrupt 3.1 The Government requires that Employers, as well as Tenderers and
Fraudulent Contractors shall observe the highest standard of ethics during the
Collusive, implementation of procurement proceedings and the execution of Contracts
Coercive or under public funds
Obstructive
Practices

FGN STD Small Works – May 2011 Revision 1.0 2


3.2 In pursuance of this requirement, the Employer shall
(a) exclude the Tenderer from participation in the procurement
proceeding concerned or reject a proposal for award; and
(b) declare a Tenderer ineligible, either indefinitely or for a stated period
of time, from participation in procurement proceedings under public
funds;
(c) have the right to require that a provision be included in bidding
documents, requiring bidders, suppliers and contractors to
permit the relevant authorities to inspect their accounts and
records and other documents relating to the bid submission and
contract performance and to have them audited by auditors if it,
at any time, determines that the Tenderer has engaged in corrupt,
fraudulent, collusive or coercive practices in competing for, or in
executing, a Contract under public funds.

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

FGN STD Small Works – May 2011 Revision 1.0 3


3.4 The Government defines, for the purposes of this provision, the terms set forth
below as follows:
(a) “corrupt practice” means offering, giving, or promising to give, directly
or indirectly, to any officer or employee of a Procuring Entity or
other governmental/private authority or individual a gratuity in any
form, an employment or any other thing or service of value, as an
inducement with respect to an act or decision of, or method followed
by, a Procuring Entity in connection with the procurement
proceeding;
(b) “fraudulent practice” means a misrepresentation or omission of
facts in order to influence a procurement proceeding or the execution
of a Contract to the detriment of the Employer;
(c)“collusive practice” means a scheme or arrangement among two and
more Tenderers with or without the knowledge of the Employer
(prior to or after Tender submission) designed to establish Tender
prices at artificial, non-competitive levels and to deprive the
Employer of the benefits of free, open and genuine competition; and
(d) “coercive practice” means harming or threatening to harm,
directly or indirectly, persons or their property to influence the
procurement proceedings, or affect the execution of a Contract.
(e) “obstructive practice” which means
i. deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation or
making false statements to investigators in order to
materially impede relevant authorities’ investigation
into allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or
from pursuing the investigation, or
ii. acts intended to materially impede the exercise of the
relevant authorities’ inspection and audit rights
provided for under par. 3.2 (c) above.

3.5 The Tenderer shall be aware of the provisions on fraud


and corruption stated in GCC Clause 3 and GCC Sub-Clause 34.2(d).

3.6 The Government requires that the Employer’s


personnel have an equal obligation not to solicit, ask for and/or use coercive
methods to obtain personal benefits in connection with the said proceedings.

4. Eligible 4.1 [Tenderers of the categories specified in the SIT are eligible to participate in
Tenderers the Tender.]

FGN STD Small Works – May 2011 Revision 1.0 4


4.2 A Government-owned enterprise in Nigeria may also participate in the
Tender if it is legally and financially autonomous, it operates under
commercial law, and it is not a dependent agency of the Employer.

4.3 For Restricted Tendering method, Tenderers shall provide satisfactory


information to the Employer of their capability and adequacy of resources to
carry out the Contract effectively as defined in the Tender Document.

4.4 When there are no enlisted contractors of the Employer to enable the use of
the Restricted Tendering method, and the Employer shall invite Tenders
using the Open Tendering Method (National Competitive Tendering), the
Tenderers shall provide satisfactory information to the Employer of their
capability and adequacy of resources to carry out the Contract effectively
and shall meet the following minimum qualifying criteria:
(a) average annual volume of construction turnover as specified in the SIT
during the period specified in the SIT;
(b) experience as prime Contractor or subcontractor in the construction of
at least the number of completed Contracts stated in the SIT of a nature
and complexity similar to the proposed work over the period stated in
the SIT; and
(c) liquid assets/ availability of funds and/or credit facilities from its
Banker’s to successfully complete the Contract, as specified in the SIT.

5. Site Visit 5.1 The Tenderer, at the Tenderer’s own responsibility and risk, is
encouraged to visit and examine the Site and obtain all information that may be
necessary for preparing the Tender and entering into a Contract for
performance of the Works. The costs of visiting the Site shall be at the
Tenderer’s own expense.

B. Tender Document

6. Sections of 6.1 The sections comprising the Tender Document are listed below and should
the Tender be read in conjunction with any Amendment issued in accordance with ITT
Document Clause 9:
 Section 1: Instructions to Tenderers
 Section 2: Special Instructions To Tenderers
 Section 3: General Conditions of Contract
 Section 4: Special Conditions of Contract
 Section 5: Tender and Contract Forms
 Section 6: Schedule of Works & Technical Specifications
 Section 7: Drawings

7. Clarification 7.1 A prospective Tenderer requiring any clarification of the


of the Tender Tender Document shall contact the Employer in writing at the
Document Employer’s address indicated in the SIT. The Employer will respond in
writing to any request for clarification received no later than seven (7)
calendar days prior to the deadline for submission of Tenders.

7.2 The Employer shall forward copies of its response to all

FGN STD Small Works – May 2011 Revision 1.0 5


those who have purchased the Tender Document, including a description
of the enquiry but without identifying its source.

7.3 Should the Employer deem it necessary to amend the Tender


Document as a result of a clarification, it shall do so following the
procedure under ITT Clause 8 and ITT Sub-Clause 18.3

8. Amendment 8.1 At any time prior to the deadline for submission of Tenders, the Employer
of the Tender for any reason, on its own initiative or in response to a clarification
Document: request in writing from a Tenderer, having purchased the Tender
Document, may amend the Tender Document by issuing an amendment.

8.2 Any amendment issued shall become an integral part of the Tender
Document and shall be communicated in writing to all those who have
purchased the Tender Document.

C. Tender Preparation
9. Only one 9.1 A Tenderer shall submit only one (1) Tender for each lot. A Tenderer
Tender who submits or participates in more than one (1) Tender will cause all the
Tenders with that Tenderers participation to be rejected.

10. Preparation 10.1 The Tenderer shall bear all costs associated with the
Costs of the preparation and submission of its Tender, and the Employer shall not be
Tender responsible or liable for those costs, regardless of the conduct or outcome
of the Tendering process.

11. Tender 11.1 The Tender, as well as all correspondence and documents relating to the
Language Tender shall be written in the English language.

12. Contents of 12.1 For the Restricted Tendering method using enlisted Contractors, the
the Tender Tender prepared by the Tenderer shall comprise the following:
(a) the Tender Submission Sheet (Form W-1);
(b) the completed Schedule of Works including Technical
Specifications (Section 6);
(c) the Tender Security in accordance with ITT Cub-Clause 15.2;
(d) the completed Tenderer Information Sheet (Form W-2);
(e) any other documents as specified in the SIT.

12.2 For the Open Tendering method (National Competitive Tendering), the
Tender prepared by the Tenderer shall comprise the following:
(a) the Tender Submission Sheet (Form W-1);
(b) the completed Schedule of Works (section 6);
(c) the Tender Security in accordance with ITT Sub-Clause 15.2;
(d) the documentary evidence in accordance with ITT Sub-Clause 4.4
establishing Tenderer’s eligibility to Tender, including the

FGN STD Small Works – May 2011 Revision 1.0 6


completed Tender Information Sheet (Form W-2); and
(e) any other documents as specified in the SIT.

13. Alternative 13.1 Alternative tenders shall not be considered.


Tenders

14. Prices and 14.1 All prices shall be quoted in Naira.


Currency of
Tenders 14.2 The Tender price shall take into account the cost of materials,
transportation, labour, taxes, levies, overheads and profit. The Tender
price shall be fixed for the duration of performance of the Contract and
shall not be subject to any adjustment on any account. The Tender price
shall be applicable for the whole works described in the Drawings,
Specifications and Schedule of Works.

14.3 The Tenderer shall fill in a lump sum price for each component of the
Works identified in the Schedule of Works. In addition, the Tenderer
shall provide a breakdown of the lump sum price(s) showing rates and
prices for all items of the Works described in the Schedule of Works.

14.4 The price to be quoted in the Tender Submission Sheet shall be the total
price of the Tender, excluding any discounts offered. In the case of a
discrepancy between the Tender Price quoted in figures and words the
Tender Price quoted in words shall prevail.

15. Validity and 15.1 Tenders shall remain valid for the period specified in the SIT after the
Security of date of Tender submission prescribed by the Employer, pursuant to ITT
Tenders Clause 18. A Tender valid for a shorter period shall be rejected by the
Employer as non-responsive.
15.2 The Tender Security shall at the Tenderer’s option, be either in the form of a bank
draft, pay order or an unconditional bank guarantee (Form W-3) issued by a
commercial Bank of Nigeria.

15.3 In exceptional circumstances, prior to the expiration of the Tender validity


period, the Employer may solicit the Tenderers consent to an extension of
the period of validity of their Tenders. The request and responses shall be
made in writing. The Tender Security provided under ITT Sub-Clause
15.2 shall be suitably extended promptly.

16. Tender 16.1 The Tenderer shall prepare one (1) original of the documents comprising
Format and the Tender as described in ITT Clause 12 and clearly mark it
Signing “ORIGINAL.” In addition, the Tenderer shall prepare the number of
copies of the Tender, as specified in the SIT and clearly mark each of
them “COPY.” In the event of any discrepancy between the original and
the copies, the original shall prevail.

FGN STD Small Works – May 2011 Revision 1.0 7


16.2 The original and each copy of the Tender shall be typed or written in
indelible ink and shall be signed by the person duly authorized to sign on
behalf of the Tenderer. All pages of the original and of each copy of the
Tender, except for un-amended printed literature, shall be numbered
sequentially and signed or initialled by the person signing the Tender

16.3 Any interlineations, erasures, or overwriting shall be valid only if they


are signed or initialled by the person(s) signing the Tender.

D. Tender Submission

17. Tender 17.1 The Tenderer shall enclose the original in one (1) envelope and
Sealing and all the copies of the Tender in another envelope, duly marking the
Marking envelopes as “ORIGINAL” and “COPY.” These two (2) envelopes shall
then be enclosed in one (1) single outer envelope.

17.2 The inner and outer envelopes shall:


(a) bear the name and address of the Tenderer;
(b) be addressed to the Employer at the address specified in the SIT;
(c) bear the name of the Tender and the Tender Number as specified
in the SIT, and;
(d) bear a statement “DO NOT TO OPEN BEFORE.......” the time
and date for Tender opening as specified in the SIT.

17.3 If all envelopes are not sealed and marked as required by ITT Sub-Clause
17.2, the Employer will assume no responsibility for the misplacement or
premature opening of the Tender

18. Tender 18.1 Tenders must be received by the Employer at the address specified in the
Submission SIT not later than the date and time specified in the SIT.
Deadline
18.2 Tenders may be hand delivered, posted by registered mail or sent by
courier. The Employer shall, on request, provide the Tenderer with a
receipt showing the date and time when its Tender was received.

18.3 The Employer may, at its discretion, extend the deadline for the
submission of Tenders by amending the Tender Document in accordance
with ITT Clause 8, in which case all rights and obligations of the
Employer and Tenderers previously subject to the deadline shall
thereafter be subject to the new deadline as extended.

19. Late Tenders 19.1 Any Tender received by the Employer after the deadline for submission
of Tenders in accordance with ITT Clause 18 shall be declared late, will
be rejected, and returned unopened to the Tenderer.

FGN STD Small Works – May 2011 Revision 1.0 8


20. Tender 20.1 A Tenderer may modify, substitute or withdraw its Tender after it has
Modification, been submitted by sending a written notice before the deadline for
Substitution or submission of Tenders.
Withdrawal
20.2 Each Tenderer’s modification, substitution or withdrawal notice shall be
prepared, sealed, marked, and delivered in accordance with ITT Clauses
16, 17, and 18 with the outer and inner envelopes additionally marked
“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL” as
appropriate.

E. Tender Opening and Evaluation

21. Tender Opening 21.1 The Employer shall open the Tenders in public, including
modifications or substitutions made pursuant to ITT Clause 20, at the
time, on the date and only at the one place specified in the SIT. Tenders
for which an acceptable notice of withdrawal has been submitted
pursuant to ITT Clause 20 shall not be opened. Tenderers or their
authorised representatives shall be allowed to attend and witness the
opening of Tenders, and shall sign a register evidencing their
attendance.

21.2 The name of the Tenderer, Tender modifications, substitutions or


withdrawals, total amount of each Tender, number of corrections,
discounts, and the presence or absence of requisite Tender Security,
and such other details as the Employer, at its discretion, may consider
appropriate, shall be read out aloud and recorded. All pages of the
original Tender, except for un-amended printed literature, will be
initialled by a minimum of three (3) members of the Employer’s
Tender Opening Committee.

21.3 Minutes of the Tender opening shall be made by the Employer and
furnished to any Tenderer upon receipt of a written request. The
minutes shall include, as a minimum, the name of the Tenderer and
whether there has been a withdrawal, substitution or modification; the
Tender Price including any discounts and the presence or absence of a
Tender Security, if one was required.

21.4 Tenders not opened and read out at the Tender opening shall not be
considered, irrespective of the circumstances, and shall be returned
unopened to the Tenderer.

21.5 No Tender shall be rejected at the Tender opening, except for late
Tenders, which shall be returned unopened to the Tenderer pursuant to
ITT Clause 19

22. Confidentiality 22.1 After the opening of Tenders, information relating to the examination,
clarification, and evaluation of Tenders and recommendations for
award shall not be disclosed to Tenderers or other persons not officially
concerned with the evaluation process until after the award of the
Contract is announced.

FGN STD Small Works – May 2011 Revision 1.0 9


23. Tender 23.1 The Employer may ask Tenderers for clarification of their Tenders in
Clarification order to facilitate the examination and evaluation of Tenders. The
request for clarification and the response shall be in writing, and any
changes in the prices or substance of the Tender shall not be sought,
offered or permitted, except to confirm the correction of arithmetical
errors discovered by the Employer in the evaluation of the Tenders, in
accordance with ITT Clause 27.

24. Tenderer 24.1 Following the opening of Tenders and until the Contract is signed no
Contacting the Tenderer shall make any unsolicited communication to the Employer
Employer or try in any way to influence the Employer’s examination and
evaluation of Tenders.

24.2 Any effort by a Tenderer to influence the Employer in its decisions on


the examination, evaluation, comparison and post-qualification of the
Tenders or Contract award may result in the rejection of its Tender.

24.3 Notwithstanding ITT Sub Clause 24.1, from the time of Tender
opening to the time of Contract award, if any Tenderer wishes to
contact the Employer on any matter related to the tendering process, it
should do so in writing.

25. Tender: 25.1 The Employer’s determination of a Tender’s responsiveness is to be


Responsiveness based on the contents of the Tender itself without recourse to extrinsic
evidence.

25.2 A substantially responsive Tender is one that conforms in all respects


to the requirements of the Tender Document without material
deviation, reservation or omission. A material deviation, reservation or
omission is one that:
(a) affects in any substantial way the scope, quality, or performance
of the Works specified in the Contract; or
(b) limits in any substantial way, or is inconsistent with the Tender
Document, the Employer’s rights or the Tenderer’s obligations
under the Contract; or
(c) if rectified would unfairly affect the competitive position of
other Tenderers presenting substantially responsive Tenders.

25.3 If a Tender is not substantially responsive to the Tender Document it


shall be rejected by the Employer and shall not subsequently be made
responsive by the Tenderer by correction of the material deviation,
reservation or omission.

25.4 There shall be no requirement as to the minimum number of responsive


Tenders.
26. Minor
26.1 The Employer may regard a Tender as responsive even if it contains
Deviations minor deviations that do not materially alter or depart from the
characteristics, terms, conditions and other requirement set forth in the

FGN STD Small Works – May 2011 Revision 1.0 10


Tender Document or if it contains errors or oversights that are capable
of being corrected without affecting the substance of the Tender.

27. Evaluation and 27.1 The Employer shall evaluate and compare only those Tenders
Comparison of determined to be substantially responsive to the requirements of the
Tenders Tender Document. Substantially responsive tenders are those which
fulfil the requirements of ITT Clauses 4 and 12.

27.2 The evaluation will take into account the corrected Tender Price and
discounts (if any).
27.3 The Employer will check substantially responsive Tenders for any
arithmetical errors including in the computation of the breakdown of
lump sum price(s). Where there is a discrepancy between the amounts
in figures and words, the amount in words will govern. If a Tenderer
refuses to accept the correction, its Tender shall be rejected. The
Employer shall correct arithmetical errors on the following basis :
(a) if there is a discrepancy between the unit price and the line item
total, the unit price shall prevail and the total price shall be
corrected, unless in the opinion of the Employer there is an obvious
misplacement of the decimal point in the unit price, in which case
the total price, as quoted, shall govern and the unit price shall be
corrected ; and
(b) where there is a discrepancy between the amounts in figures and
words, the amount in words will govern.

28. No Negotiations 28.1 No Negotiations shall be held with the lowest or any other Tenderer. A
Tenderer shall not be required, as a condition for award, to undertake
responsibilities not stipulated in the Tender document, to change its
price or otherwise modify its Tender.

29. Employer’s Right 29.1 The Employer reserves the right to accept any Tender, to annul the
to Accept or Reject Tender proceedings, or to reject any or all Tenders, at any time prior to
any or all Tenders Contract award, without thereby incurring any liability to Tenderers, or
any obligation to inform Tenderers of the grounds for the Employer’s
actions.

F. Contract Award
30. Award Criteria 30.1 The Employer shall award the Contract to the Tenderer whose offer is
substantially responsive to the Tender Document and that has been
determined to be the lowest evaluated Tender, provided that the Tenderer
is determined to be qualified to perform the Contract satisfactorily.

31. Notification of 31.1 Prior to the expiration of the period of Tender validity, the Employer
Award shall notify the successful Tenderer, in writing that its Tender has been
accepted.

31.2 Until a formal contract is prepared and executed, the Notification of


Award shall constitute a binding Contract.

FGN STD Small Works – May 2011 Revision 1.0 11


32. Performance 32.1 Within fourteen (14) days of the receipt of the Notification of Award
Security from the Employer, the successful Tenderer shall furnish the Performance
Security, if required, in the amount specified in the SIT using for that
purpose the Performance Security Form (Form W-6) furnished in Section
5: Tender and Contract Forms.

33. Contract Signing 33.1 At the same time as the employer issues the notification of award, the
employer shall send the contract agreement and all documents forming the
contract to the successful tenderer.
33.2 Within twenty-one (21) days of receipt of the contract agreement, the
successful tenderer shall sign, date and return it to the employer.
33.3 Failure of the successful Tenderer to submit the Performance Security,
pursuant to ITT Sub-Clause 32.1, or sign the Contract, pursuant to ITT Sub-
Clause 33.2, shall constitute sufficient grounds for the annulment of the
award and forfeiture of the Tender Security. In that event, the Employer may
award the Contract to the next lowest evaluated responsive Tenderer at their
quoted price (corrected for arithmetical errors), who is assessed by the
Employer to be qualified to perform the Contract satisfactorily.
33.4 Immediately upon receipt of the signed Contract Agreement and Performance
Security from the successful Tenderer, the Employer shall discharge and
return the successful Tenderer’s Performance Security.
34. Information to
Tenderers.
34.1 Upon the successful Tenderer’s furnishing of the Performance Security
pursuant to ITT Clause 32, and signing of the Contract pursuant to ITT Clause
33, the Employer shall also notify all other Tenderers that their Tenders have
been unsuccessful.
34.2 The Employer shall promptly respond in writing to any unsuccessful
Tenderer who, after notification in accordance with ITT Sub-Clause xx.1,
requests in writing for the Employer to communicate the grounds on which its
Tender was not selected.
35.Tenderer’s Right
to Complain 35.1 Any Tenderer has the right to complain if it has suffered or may suffer loss
or damage in accordance with paragraphs 23-27 of the current Public
Procurement Regulations for Goods and Works.
35.2 The complaint shall firstly be processed through an administrative review
following the procedures set out in paragraph 24 of the Public Procurement
Regulations for Goods and Works. The place and address for the first step in
the submission of complaints to the Administrative Authority is provided in
the SIT.

35.3 If not satisfied with the outcome of the administrative review, the Tenderer
may complain to the BPP pursuant to paragraph 25 of the Public
Procurement Regulations for Goods and Works.

FGN STD Small Works – May 2011 Revision 1.0 12


Section 2. Special Instructions To Tenderers
Instructions for completing the Special Instructions To Tenderers are provided, as needed, in the
notes in italics mentioned for the relevant ITT Clauses

ITT Amendment of, and Supplements to, Clauses in the Instructions to Tenderers
Clause

A. General
ITT 1.1 The Employer is [state name of Employer] represented by [state name of
representative].
[the Employer is the unit or subdivision of the Procuring Entity which will issue the
Notification of Award and sign the Contract Agreement with the successful Tenderer.
Frequently the Employer is represented by a Chief Engineer, Superintending
Engineer, Executive Engineer, project director or other assigned person. See
Regulations for definition of a Procuring Entity.]

The Name of the Tender is

The number and identification of lots comprising the Tender lot are:

[if there is more than one lot, individual lots are to be identified in conformity with
Section 6: Schedule of Works].

ITT 2.1 The source of public funds is [state source FGN, or other source of funds]

ITT 2.3 The name of the Development Partner is [state name of Development Partner or
“None” as applicable].

ITT 4.1 [Choose option A or B, whichever is applicable, and delete the other option].
Option A: Restricted Tendering method:
The Invitation for Tenders is open to all Tenderers enlisted with [name of
Employer]. Option B: Open Tendering method
All Tenderers regardless of whether enlisted or not enlisted with the Employer may
submit Tenders providing they otherwise qualify.

ITT 4.4 [The following qualification criteria are only applicable for use with the Open
Tendering method. When adopting the Restricted Tendering method using enlisted
contractors, these criteria should not be used]

FGN STD Small Works – May 2011 Revision 1.0 12


(a) Annual Turnover:
The required average annual turnover shall be greater than Naira [insert amount] over
the last [insert number] years:
As a guide, the required average annual turn over should be at least equal to the
estimated annual cash flow for the Contract. (It is preferable to be more), and the
period should be about 5 years minimum.
Example 1:
Estimated Contract Value: Naira 10 million
Contract period: 3 months
Monthly Cash flow: 30m N:3 = Naira 3.3 million
Estimated Annual Cash Flow: 12 x 3.3 m = Naira 39.6 M
[Required Average annual turnover would be Naira 40 million, using a multiplier of
1.0 as a minimum and rounding the figure, however it is not recommended to exceed
a multiplier of 1.5].
Example 2:
Estimated Contract Value: Naira 5 million
Contract Period: 2 months
Monthly Cash flow: 5m N:2 = Naira 2.5 million
Estimated Annual Cash Flow: 12 x 2.5 million = Naira 30 million
[Required Average annual turnover would be Naira 30 million, using a multiplier of
1.0 as a minimum, however it is not recommended to exceed a multiplier of 1.5].

(b) Experience:
The required number of similar contracts completed shall be [insert number] over a
period of [insert number] years.
[the minimum number will depend upon the size and type of construction work, and
the Employer should make its own judgement based upon its experience in the sector
and construction industry. For small contracts, it could be (1) similar work during
the past 3 or 5 years].

FGN STD Small Works – May 2011 Revision 1.0 13


(c) Liquid Assets:
The minimum amount of liquid assets and/or credit facilities net of other contractual
commitments of the Tenderer shall be [insert amount].
[usually the required liquid assets are the equivalent of 2-6 months payment flow at
the average construction rate (straight line distribution). The actual period will
depend on the speed with which the Employer will pay the Contractor’s monthly
certificate, allowing time to prepare an invoice, for the Engineer’s time to certify it,
and contingency period for preparing the cheque and making actual payment].
Example:
Contract Value: Naira 10 million
Contract period: 3 months
Monthly payment: 10:3 = Naira 3.3 million
Assuming work time: 1 month
Invoice period: 0.5 month
Certification Time: 0.5 month
Contingency Time: 1 month
------------
3 months
Therefore, the minimum required liquid assets will be 3 x 3.3 m = Naira 9.9 million,
3 months cash flow based on the above assumptions.

B. Tender Document
ITT 7.1 For clarification of Tenders purposes only, the Employer’s address is:
Attention:
Address:
Telephone:
Facsimile number:
Electronic mail address:

C. Preparation of Tenders
ITT 12.1(e) Additional documents to be submitted by Tenderers are:
[list the additional documents required]

ITT 12.2 (e) Additional documents to be submitted by Tenderers are:


[list the additional documents required].

ITT 15.1 The Tender validity period shall be [ ] days.


[normally 45 to 60 days for Works of such a simple nature]

FGN STD Small Works – May 2011 Revision 1.0 14


ITT 15.2 A Tender Security in the amount of Naira [insert amount] will be required,
OR
A Tender Security will not be required:
[delete whichever is not required]
. The Tender Security amount should be expressed as a fixed amount (around 2%
and in no case exceeding 5% of the estimated contract value) for each lot. OR
A Tender Security shall not be required (this may be considered in the case of small
works)]

ITT 16.1 In addition to the original of the Tender, [ ] copies shall be submitted.
[usually only two copies are needed, ask for more only if they are essential].

D. Submission of Tenders
ITT 17.2 The inner and outer envelopes shall bear the following additional identification
marks:
[indicate any markings that are required on inner and outer envelopes

ITT 17.2 For Tender submission purposes only, the Employer’s address is:
Attention:
Address:
The deadline for the submission of Tenders is:
Time & Date

E. Tender Opening and Evaluation


ITT 21.1 The Tender opening shall take place at:
Address:
Time & Date:
[Tenders shall be opened immediately only in one place, but in no case more than
one hour, after the deadline for submission of Tenders.]

FGN STD Small Works – May 2011 Revision 1.0 15


F. Award of Contract
ITT 32.1 The amount of Performance Security shall be [ ] percent of the Contract Price.
[It should not be less than five (5) percent and not exceed ten (10) percent of the
Contract Price. If, in addition, Retention Money is applied, the percentages of the
Performance Security and the Retention Money combined should not exceed fifteen
(15) percent . Higher percentages will require a more costly financing arrangement
between the Tenderer and its Bank or financial provider, and will only increase the
cost of the Tenders]
[The Performance Security shall be issued by a reputable bank or financial
institution selected by the Tenderer and acceptable to the Employer. A Tenderer may
request the Employer in advance if a particular issuing entity of a security is
acceptable. If an issuing entity is foreign but the security is otherwise in conformity
with the requirements in the Tender Document, the Employer shall not reject the
security.]

ITT 34.2 The name and address of the office where complaints to the Procuring Entity are to
be submitted under paragraph 21 of the Public Procurement Regulations for Goods
and Works is:

FGN STD Small Works – May 2011 Revision 1.0 16


Section 3. General Conditions of Contract
1. Definitions 1.1 The following words and expressions shall have the meaning hereby assigned to
them. Boldface type is used to identify the defined terms:
(a) Completion Certificate means the Certificate issued by the Engineer
as evidence that the Contractor has executed the Works in all respects
as per drawing, specifications, and Conditions of Contract.
(b) The Completion Date is the date of completion of the Works as
certified by the Engineer, in accordance with GCC Clause 18.
(c) Contract means the Agreement entered into between the Employer
and the Contractor to execute, complete and maintain the Works.
(d) Contractor means the person or corporate body whose Tender to
carry out the Works has been accepted by the Employer and is named
as such in the SCC.
(e) Contract Price means the price payable to the Contractor as
specified in the Contract Agreement.
(f) The Contractor’s Tender is the completed Tender Document
including the priced offer submitted by the Contractor to the
Employer.
(g) Days means calendar days.
(h) A Defect is any part of the Works not completed in accordance with
the Contract.
(i) The Employer is the party named in the SCC who employs the
Contractor to carry out the Works.
(j) The Engineer is the person named in the SCC, who is responsible for
supervising the execution of the works and administering the
Contract.
(k) The Intended Completion Date is the date specified in the SCC on
which the Contractor shall complete the Works and may be revised if
extension of time or an acceleration order is issued by the Engineer.
(l) The Site is the area defined as such in the SCC.
(m) The Works are what the Contract requires the Contractor to construct,
install, and hand over to the Employer, as defined in the SCC.

2. Interpretation 2.1 In interpreting the GCC, singular also means plural, male also means female
& Documents or neuter, and the other way around. Headings in the GCC shall not be
forming the deemed part thereof or be taken into consideration in the interpretation or
Contract construance of the Contract. Words have their normal meaning under the
language of the Contract unless specifically defined.

FGN STD Small Works – May 2011 Revision 1.0 16


2.2 The following documents forming the Contract shall be interpreted in the
following order of priority:
(a) the signed Contract Agreement.
(b) the letter of Notification of Award.
(c) the completed Tender Submission Sheet as submitted by the
Tenderer.
(d) the priced Schedule of Works as submitted by the Tenderer.
(e) the Technical Specifications
(f) the Drawings,
(g) any other document listed in the SCC as forming part of the Contract.
3. Corrupt, 3.1 The Government requires that Employers, as well as Contractors shall observe
Fraudulent, the highest standard of ethics during the implementation of procurement
Collusive, proceedings and the execution of Contracts under public funds.
Coercive or
Obstructive
Practices 3.2 In pursuance of this requirement, the Employer shall
(a) exclude the Contractor from participation in the procurement proceedings
concerned or reject a proposal for award; and
(b) declare a Contractor ineligible, either indefinitely or for a stated period of
time, from participation in procurement proceedings under public fund;
(c) if it at any time determines that the Contractor has engaged in corrupt,
fraudulent, collusive or coercive practices in competing for, or in
executing, a Contract under public fund.

3.3 Should any corrupt, fraudulent, collusive or coercive practice of any kind
referred to in GCC Sub-Clause 3.4 come to the knowledge of the Employer, it
shall, in the first place, allow the Contractor to provide an explanation and shall,
take actions as stated in GCC Sub-Clause 3.2 only when a satisfactory
explanation is not received. Such exclusion and the reasons thereof, shall be
recorded in the record of the procurement proceedings and promptly
communicated to the Contractor concerned. Any communications between the
Contractor and the Employer related to matters of alleged corrupt, fraudulent,
collusive or coercive practices shall be in writing.

FGN STD Small Works – May 2011 Revision 1.0 17


3.4 The Government defines, for the purposes of this provision, the terms set forth
below as follows:
(a) “corrupt practice” means offering, giving, or promising to give, directly or
indirectly, to any officer or employee of a Procuring Entity or other
governmental/private authority or individual a gratuity in any form, an
employment or any other thing or service of value, as an inducement with
respect to an act or decision of, or method followed by, a Procuring Entity in
connection with the procurement proceeding;
(b) “fraudulent practice” means a misrepresentation or omission of facts in order to
influence a procurement proceedings or the execution of a Contract to the
detriment of the Employer;
(c) “collusive practice” means a scheme or arrangement among two or more
Tenderers with or without the knowledge of the Employer (prior to or after
proposal submission) designed to establish Tender prices at artificial, non-
competitive levels and to deprive the Employer of the benefits of free, open and
genuine competition; and
(d) “coercive practice” means harming or threatening to harm, directly or
indirectly, persons or their property to influence the procurement proceedings, or
affect the execution of a Contract.
(e) obstructive practice which means
i. deliberately destroying, falsifying, altering or concealing of evidence
material to the investigation or making false statements to investigators in
order to materially impede relevant authorities’ investigation into
allegations of a corrupt, fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent it from disclosing
its knowledge of matters relevant to the investigation or from pursuing the
investigation, or
ii. acts intended to materially impede the exercise of the relevant authorities’
inspection and audit rights provided for under par. 3.2 (c) above.

3.5 The Government requires that the Client’s personnel have an equal obligation
not to solicit, ask for and/or use coercive methods to obtain personal benefits in
connection with the said proceedings.

4.1 The Contract as well as all correspondence and documents relating to the
4. Governing
Contract exchanged by the Contractor and the Employer, shall be written in
Language and
English.
Law

4.2 The Contract shall be governed by and interpreted in accordance with the laws of
the Federal Republic of Nigeria.

5. Engineer’s 5.1 Except where otherwise specifically stated in the SCC, the Engineer will decide
Decision Contractual matters between the Employer and the Contractor in the role as
representative of the Employer.

6. Delegation 6.1 The Engineer may delegate any of his duties and responsibilities to his
representative, after notifying the Contractor, and may cancel any delegation,
without retroactivity, after notifying the Contractor.

FGN STD Small Works – May 2011 Revision 1.0 18


7. Communicati 7.1 Communications between Parties pursuant to the Contract shall be in writing to
ons and the address specified in the SCC. A notice shall be effective when delivered or on
Notices the notice’s effective date, whichever is later.

8. Sub- 8.1 The Contractor shall not be permitted to subcontract any part of the Works,
Contracting nor shall the Contractor be allowed to assign the Contract in whole or in part.
& Assigning

9. Contractor’s 9.1 The Contractor shall employ the key personnel named in the Schedule of
Personnel Key Personnel, as referred to in the SCC, to carry out the functions stated in
the Schedule, or other personnel approved by the Engineer.

9.2 If the Engineer asks the Contractor to remove a person who is a member of
the Contractor’s staff or work force from the Site, he shall state the reasons,
and the Contractor shall ensure that the person leaves the Site within three (3)
days and has no further connection with the work in the Contract.

10. Welfare of 10.1 The Contractor shall provide proper accommodation to his labourers and
Labourers arrange proper water supply, conservancy and sanitation arrangements at the
and wages site in accordance with relevant regulations, rules and orders of the
government.

10.2 The Contractor shall pay reasonable wages to his labourers, and pay them
in time. [In the event of delay in payment the Employer may effect payments
to the labourers and recover the cost from the Contractor.]

11. Safety, 11.1 The Contractor shall throughout the execution and completion of the Works
Security and and the remedying of any defects therein :
Protection of
(a) have full regard for the safety of all persons entitled to be upon the
the
Site and keep the Site and the Works in an orderly state;
Environment
(b) provide and maintain at the Contractors own cost all lights, guards,
fencing, warning signs and watching for the protection of the Works or
for the safety on-site; and
(c) (c) take all reasonable steps to protect the environment on and off
the Site and to avoid damage or nuisance to persons or to property of
the public or others resulting from pollution, noise or other causes
arising as a consequence of the Contractors methods of operation.

12. Access to the 12.1 The Contractor shall allow the Engineer and any person authorised by the
Site Engineer 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.

13. Documents, 13.1 The Contractor shall furnish to the Engineer all information, schedules,
Information. calculations and supporting documentation that may be requested of it.

14. Property 14.1 All materials on the Site, Plant, Equipment, Temporary Works and Works
shall be deemed to be the property of the Employer if the Contract is
terminated because of the Contractor’s default.

FGN STD Small Works – May 2011 Revision 1.0 19


15. Insurance 15.1 The Contractor shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the end of the Defects
Liability Period, in the amounts and deductibles stated in the SCC for the
following events which are due to the Contractor’s risks:
(a) loss of or damage to the Works, Plant and Materials
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant, Materials and
Equipment) in connection with the Contract; and
(d) personal injury or death.

15.2 The Contractor shall deliver policies and certificates of insurance to the
Engineer, for the Engineer’s approval, before the Start Date.

15.3 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.

15.4 Alterations to the terms of insurance shall not be made without the approval
of the Engineer.

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

16. Possession of 16.1 The Employer shall give possession of the Site, or parts of the Site, to the
the Site Contractor on the date(s) specified in the SCC.

17. Commencem 17.1 The Contractor may commence execution of the Works on the Start Date,
ent of Works or other such date as specified in the SCC, and shall carry out the Works in
an expeditious manner.

17.2 If the Contractor fails to commence the works within the above stated
period, the Employer may, at his sole discretion, terminate the Contract and
forfeit the Performance Security, if any.

18. Completion 18.1 The Contractor shall complete the Works within the number of days stated
of Works in the SCC from the date of commencing the Works on the Site.

19. Programme 19.1 Within the time stated in the SCC, the Contractor shall submit to the
of Works Engineer for approval a Programme showing the general methods,
arrangements, order and timing for all the activities of the Works.

19.2 The Contractor shall submit to the Engineer for approval an updated
Programme at intervals no longer than the period stated in the SCC.

FGN STD Small Works – May 2011 Revision 1.0 20


19.3 If the Contractor does not submit an up-dated programme at the intervals
stated in the SCC, the Engineer may withhold an amount as stated in the
SCC from the next payment certificate and continue to withhold this
amount until the next due payment after the date on which the overdue
Programme has been submitted.

20.1 The Contractor shall notify the Engineer in writing at the earliest opportunity
20. Early
of specific likely future events or circumstances that may adversely affect the
Warning
quality of the work, result in increase to the Contract Price or delay in the
execution of the Works.
21. Compens- 21.1 The following shall be Compensation Events:
ation Events (a) the Employer does not give access to the Site or part of the Site by
the Site Possession Date stated in the SCC; and
(b) if the payment is delayed pursuant to Clause 25.1.

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

22. Non- 22.1 The Contractor shall be paid for non-scheduled items of works only when
Scheduled the Engineer approves such works and at the rates and in the manner stated
Items of in the SCC.
Works
22.2 The priced Schedule of Works shall contain the priced activities for the
Works to be performed by the Contractor. The Schedule of Works is used to
monitor and control the performance of activities on which basis the Contractor
will be paid. If payment for Materials on Site shall be made separately, the
Contractor shall show delivery of Materials to the Site separately on the
Schedule of Works.

23. Schedule of 23.1 The priced Schedule of Works shall contain the priced activities for the Works
Works to be performed by the Contractor. The Schedule of Works is used to monitor
and control the performance of activities on which basis the Contractor will be
paid. If payment for Materials on Site shall be made separately, the Contractor
shall show delivery of Materials to the Site separately on the Schedule of
Works.

23.2 The Schedule of Works shall be amended by the Contractor to accommodate


changes of Program or method of working made at the Contractor’s own
discretion. Prices in the Schedule of Works shall not be altered when the
Contractor makes such changes to the Activity Schedule.

23.3 The Contractor shall be entirely responsible for all taxes, duties, license fees,
and other such levies. The Engineer shall adjust the Contract Price if taxes,
duties, and other levies are changed between the date 28 days before the
submission of bids for the Contract and the date of the last Completion
Certificate.

FGN STD Small Works – May 2011 Revision 1.0 21


24. Payment 24.1 The Contractor shall submit to the Engineer monthly statements of the
Certificates estimated value of the work executed less the cumulative amount certified
previously.

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

24.3 The value of work executed shall be determined by the Engineer.

24.4 The value of work executed shall comprise the value of the completed
activities in the Schedule of Works.

24.5 The value of work executed shall include the valuation of Compensation
Events.
24.6 The Engineer may exclude any item certified in previous certificates or
reduce the proportion of any item previously certified in any certificate in
the light of later information.

25. Payments and 25.1 The Employer shall pay the Contractor the amounts certified by the
Currency Engineer within twenty-eight (28) days of the date of each certificate. All
payments shall be made in Naira.

25.2 The Employer shall make Advance Payment to the Contractor of the
amounts and by the dates stated in the SCC against provision by the
Contractor of an unconditional Bank Guarantee, (Form W-7).

25.3 The Contractor is to use the advance payment only to pay for Equipment,
Plant, Materials, and mobilisation expenses required specifically for the
execution of the Contract. The Contractor shall demonstrate that the
advance payment has been used in this way by supplying copies of invoices
or other documents to the Employer.

25.4 The advance payment shall be repaid by deducting proportionate amounts


from payments otherwise due to the Contractor, following the schedule of
completed percentages of the Works on a payment basis. No account shall
be taken of the advance payment or its repayment in assessing valuations of
work done, claims or any amount payable due to failure to complete

26. Retention 26.1 The Employer shall retain from each payment due to the Contractor the
proportion stated in the SCC until the completion of the whole of the
Works.

26.2 On completion of the whole of the Works, half the total amount retained
shall be repaid to the Contractor, the remaining half shall be repaid when
the Defects Liability Period has passed and the Engineer has certified that
all Defects notified by the Engineer to the Contractor before the end of this
period have been corrected.

27. Liquidated 27.1 The Contractor shall pay liquidated damages to the Employer at the rate per
Damages day stated in the SCC for each day that the Completion Date is later than
the Intended Completion date for the works or for any part thereof.

FGN STD Small Works – May 2011 Revision 1.0 22


28. Performance 28.1 If so specified in the SCC, a Performance Security shall be provided to the
Security Employer in the amount stated in the SCC using the form in the Contract
Forms (Form W-5). The Performance Security shall be valid until a date
twenty-eight (28) days from the date of issue of the Certificate of
Completion.

29. Cost of 29.1 Loss or damage to the Works or Materials to be incorporated in the Works
Repairs between the Start Date and the end of the Defects Correction periods shall
be remedied by the Contractor at the Contractor’s cost if the loss or damage
arises from the Contractor’s acts or omissions

30. Completion 30.1 The Contractor shall request the Engineer to issue a Certificate of
Completion of the Works, and the Engineer will do so upon deciding that
the work is completed.

31. Correction of 31.1 The Engineer shall give notice to the Contractor of any Defects before the
Defects end of the Defects Liability Period, which begins at Completion, and is
defined in the SCC. The Defects Liability Period shall be extended for as
long as the Defects remain to be corrected.

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

32. Taking Over 32.1 The Employer shall take over the Site and the Works within seven (7) days
of the Engineer issuing a Certificate of Completion.

33. Final Account 33.1 The Contractor shall supply the Engineer a detailed account of the total
amount that the Contractor considers payable under the Contract. The
Engineer shall certify any final payment that is due to the Contractor within
twenty-one (21) days of receiving the Contractor’s account if it is correct
and complete.

33.2 The Employer shall effect payment of the final account within twenty-eight
(28) days from the date of certification by the Engineer.

34. Termination 34.1 The Employer or the Contractor by giving twenty-eight (28) days written
notice of default to the other party, may terminate the Contract in whole or
in part if the other party causes a fundamental breach of Contract.

FGN STD Small Works – May 2011 Revision 1.0 23


34.2 Fundamental breaches of the Contract shall include, but shall not be limited
to, the following:
(a) the Contractor stops work for more than twenty-eight (28)
days when no stoppage of work is shown on the current Programme
and the stoppage has not been authorised by the Engineer;
(b) the Engineer gives notice that failure to correct a particular
defect is a fundamental breach of Contract and the Contractor fails
to correct it within a reasonable period of time determined by the
Engineer;

(c) the Contractor has delayed the completion of the Works by


the number of days for which the maximum amount of Liquidated
Damages can be paid;
(d) the Contractor, in the judgment of the Employer, has
engaged in corrupt or fraudulent practices, as defined in GCC
Clause 3, in competing for or in executing the Contract; or
(e) a payment certified by the Engineer is not paid to the
Contractor by the Employer within seventy (70) days of the date of
the Engineer’s certificate.

34.3 The Employer and the Contractor may at any time terminate the Contract
by giving notice to the other party if either of the parties becomes bankrupt
or otherwise insolvent. In such event, termination will be without
compensation to any party provided that such termination will not prejudice
or affect any right of action or remedy that has accrued or will accrue to the
other party.

34.4 Notwithstanding the above, the Employer may terminate the Contract for
convenience.

34.5 If the Contract is terminated, the Contractor is to stop work immediately,


make the Site safe and secure and hand over the Site to the Employer as
soon as reasonably possible.

35. Payment 35.1 If the Contract is terminated because of a fundamental breach of Contract
upon by the Contractor, the Engineer shall issue a certificate for the value of the
Termination work done and Plant and Materials ordered less advance payments received
up to the date of the issue of the certificate and less the percentage to apply
to the value of the work not completed, as indicated in the SCC. Additional
Liquidated Damages shall not apply. If the total amount due to the
Employer exceeds any payment due to the Contractor, the difference shall
be a debt payable to the Employer.

35.2 If the Contract is terminated for the Employer’s convenience or because of


a fundamental breach of Contract by the Employer, the Contractor shall be
entitled to payments for completed works and the materials that have been
brought to the site for the purpose of the works, but not used as certified by
the Engineer after adjusting any payments received by the Contractor.

36. Release from 36.1 If the Contract is frustrated by the outbreak of war or by any other event
Performance entirely outside the control of either the Employer or the Contractor, the

FGN STD Small Works – May 2011 Revision 1.0 24


Engineer shall certify that the Contract has been frustrated. The Contractor
shall make the Site safe and stop work as quickly as possible, after receiving
this certificate. The Contractor shall be paid for all works carried out before
stoppage of work and any work carried out afterwards to which a
commitment was made.

37. Settlement of 37.1 The Employer and the Contractor shall use their best efforts to settle
Disputes amicably all disputes arising out of or in connection with this Contract or its
interpretation.

37.2 Any dispute between the parties to the Contract that may not be settled
amicably will be referred to Arbitration at the initiative of either of the
parties.

37.3 The arbitration shall be conducted in accordance with the [Arbitration Act
(Act No of…..) of Nigeria] as at present in force and in the place shown in
the SCC.

FGN STD Small Works – May 2011 Revision 1.0 25


Section 4. Special Conditions of Contract

Instructions for completing the Special Conditions of Contract are provided, as needed, in the notes
in italics mentioned for the relevant GCC Clauses.

Clause Amendments of, and Supplements to, Clauses in the General Conditions of
Contract
Ref

GCC 1.1(d) The Contractor is [name, address and name of authorised representative].

GCC 1.1(i) The Employer is [name, address and name of authorised representative].

GCC 1.1(j) The Engineer is [name and address of the Engineer].

GCC 1.1(l) The Site is located at [enter location of Site].

GCC 1.1(m) The Works are [enter the name of the Works]

GCC 2.2(h) The additional documents forming part of this Contract are:
[if there are no additional documents state “No additional documents”.]

GCC 5.1 The Engineer shall obtain specific approval of the Employer before taking any of the
following actions:

GCC 7.1 The addresses for Communications shall be:


For the Employer:
[insert name, address and contact details]
For the Contractor:
[insert name, address and contact details].

GCC 9.1 The Key Personnel of the Contractor are:

GCC 15.1 For insurance purposes the type of cover required shall be:

Type of Cover Amount of Cover Exclusions

The Works, Materials and The Contract Sum


Plant

Contractor’s Equipment Full replacement cost

Third Party injury to persons


and damage to property

Workers

FGN STD Small Works – May 2011 Revision 1.0 26


The Works, Materials and
Plant: [insert maximum
value at risk, which should
usually be less than the
contract]
GCC 16.1 Possession of the site shall be within [ ] days from the date of signing of the
Contract.

GCC 17.1 Commencement of work shall be within [ ] days from the date of handing over
possession of the Site.

GCC 18.1 Completion of works shall be within [ ] days from the date of commencing the
works on the site.

GCC 19.1 The Contractor shall submit the first Programme of Works [….] days after signing
the Contract, and shall update the Programme every [……..] weeks during the period
& 19.2
of the Contract.

GCC 22.1 [ Enter here the agreed rates for non-scheduled items of work if known, if not known
then make the statement “The rates for non-scheduled items of works shall be
determined by the Engineer”.

GCC 25.2 An advance payment of 15 % of the Contract Price will be made to the Contractor
within (14) days of Contract signing date.
[usually, an advance payment is made for mobilisation, if admissible to the
Employer considering the nature of the works. The recommended maximum advance
is 15% of the Contract Price against an unconditional bank guarantee (Form W-7).
The procuring entity should amend this clause as required for the particular
procurement.]

GCC 26.1 The Retention shall be [insert percentage]% of the Contract Price.
(The retention should not exceed 5% if a performance guarantee is also required)

GCC 27.1 The liquidated damages for the whole of the Works are [percentage of the final
Contract Price] per day.
The maximum amount of liquidated damages for the whole of the Works is [insert
number] percent of the final Contract Price.
[usually, liquidated damages are set between 0.05 of one percent and 0.10 of one
percent per day (or half of one percent per week of delay) and the total amount is not
to exceed 10 percent of the Contract Price.]
A performance Security is required in the amount of [insert amount or percentage of
GCC 28.1 contract price]”
Or
A performance Security is not required.

GCC 31.1 The Defects Liability Period shall be [ ] days.

FGN STD Small Works – May 2011 Revision 1.0 27


GCC 35.1 The percentage to apply to the value of the work not completed, representing the
Employer’s additional cost for completing the Works, is [percent]
The place for Arbitration shall be :
GCC 37.3

FGN STD Small Works – May 2011 Revision 1.0 28


Section 5. Tender and Contract Forms
Form Title

Tender Forms

W-1 Tender Submission Sheet

W-2 Tenderer Information Sheet

W-3 Bank Guarantee for Tender Security

Contract Forms

W-4 Notification of Award

W-5 Contract Agreement

W-6 Bank Guarantee for Performance Security

W-7 Bank Guarantee for Advance Payment

Forms W1-W3 comprise part of the Tender Format and should be completed as stated in ITT Clause
12.

Forms W4-W7 comprise part of the Contract as stated in GCC Clause 2.

FGN STD Small Works – May 2011 Revision 1.0 29


Tender Submission Sheet (Form W-1)
Invitation for Tender No: Date:
Tender Package No:

To:

[Name and address of Employer]

We, the undersigned, offer to execute in conformity with the Conditions of Contract and associated
Contract Documents, the following Works and Related Services, viz:

[state here a brief description of the Works and Related Services]

The total Price of our Tender


is:
Naira:

[state amount in figures] [state amount in words]

Our Tender shall be valid for the period stated in the Special Instructions To Tenderers and it shall
remain binding upon us and may be accepted at any time before the expiration of that period. A
Tender Security in the amount stated in the Special Instructions To Tenderers is attached in the form
of a [bank draft, pay order, bank guarantee] valid for a period of 28 days beyond the Tender validity
date. [include this sentence only if a Tender Security is required].

If our Tender is accepted, we commit to obtaining a Performance Security in the amount stated in the
Special Instructions To Tenderers and valid for a period of 28 days beyond the issue of the Certificate
of Completion of Works.

We declare that we, and any subcontractors or Contractors for any part of the Contract have not been
declared ineligible by the Government of Nigeria on charges of engaging in corrupt, fraudulent,
collusive or coercive practices. Furthermore, we are aware of ITT Clause 3 concerning this and pledge
no not to indulge in such practices in competing for or in executing the Contract.

We are not participating as Tenderers in more than one Tender in this tendering process. We
understand that your written Notification of Award shall constitute the acceptance of our Tender and
shall become a binding Contract between us, until a formal Contract is prepared and executed.

We understand that you are not bound to accept the lowest evaluated Tender or any other Tender that
you may receive.

Signed

In the capacity of:

FGN STD Small Works – May 2011 Revision 1.0 30


Duly authorised to sign the Tender on behalf of the
Tenderer
Date

FGN STD Small Works – May 2011 Revision 1.0 31


Tenderer Information Sheet (Form W-2)

All Tenderers shall include the following information and documents with their Tenders:
Notes on Tenderer Information Sheet

The information to be filled in by Tenderers in the following pages will be used for purposes of
verification of eligibility and qualification of the Tenderer as provided for in relevant Clauses of the
Instructions to Tenderers.
The Tenderer, if prequalified earlier, should fill in updated information only.
Additional pages may be attached as necessary.
This information will not be incorporated in the Contract.

Tender No:
Invitation for Tender No:

1. Name and value of Works performed in the last 5 years.

Year Name of Works Value of Works Name of Employer

2. Works in Hand

Name of Works Value of Works Progress %

3. The Tenderer should list the Equipment deemed essential for carrying out the Works.

Type of Equipment No. Available Owned / Leased (and from whom)

4. Evidence of financial capability to perform this Contract. The Tenderer should list cash in hand,
lines of credit, and attach supporting documentary evidence
1
2
3
4
5

FGN STD Small Works – May 2011 Revision 1.0 32


5. Schedule of Key Personnel

Sl Position Name Qualification Experience


No

6. Status of Enlistment:

Name of Procuring Entity Enlistment Reference No of Years Enlisted

_______________________________
[Signature and Seal of the Tenderer]

Name: _______________________

Address:______________________
_____________________________
_____________________________
_____________________________

Date: _________________

FGN STD Small Works – May 2011 Revision 1.0 33


Bank Guarantee for Tender Security (Form W-3)

[this is the format for the Tender Security to be issued by a commercial Bank
of Nigeria in accordance with ITT Clause 15]

Invitation for Tender No: Date:

Tender Package No:

To:

[Name and address of Employer]

TENDER GUARANTEE No:

We have been informed that [name of Tenderer] (hereinafter called “the Tenderer”) intends to submit to you its
Tender dated [date of Tender] (hereinafter called “the Tender”) for the execution of the Works of [description
of works] under the above Invitation for Tenders (hereinafter called “the IFT”).

Furthermore, we understand that, according to your conditions tenders must be supported by a Tender
Guarantee.

At the request of the Tenderer, we [name of bank] hereby irrevocably undertake to pay you, without cavil or
argument, any sum or sums not exceeding in total an amount of Naira [insert amount in figures and words]
upon receipt by us of your first written demand accompanied by a written statement that the Tenderer is in
breach of its obligation(s) under the Tender conditions, because the Tenderer:

(a) has withdrawn its Tender during the period of Tender validity specified by the Tenderer in the Form of
Tender; or
(b) does not accept the correction of errors in accordance with the Instructions to Tenderers ITT; or
(c) having been notified of the acceptance of the Tender by the Employer during the period of Tender
validity, (i) fails or refuses to furnish the performance security in accordance with the ITT, or (ii) fails
or refuses to execute the Contract Form,

This guarantee will expire

(a) if the Tenderer is the successful Tenderer, upon our receipt of a copy of the Performance Security and a
copy of the Contract signed by the Tenderer as issued by you; or
(b) if the Tenderer is not the successful Tenderer, twenty eight days after the expiration of the Tenderer’s
Tender validity period, being [date of expiration of the Tender].

Consequently, we must receive at the above-mentioned office any demand for payment under this guarantee on
or before that date.

Signature Signature

FGN STD Small Works – May 2011 Revision 1.0 34


Notification of Award (Form W-4)

Contract No: Date:

To:

[name and address of Contractor]

This is to notify you that your Tender dated [insert date] for the execution of the Works for [name of
project / Contract] for the Contract Price of Naira [amount in figures and in words], as corrected and
modified in accordance with the Instructions to Tenderers is hereby accepted by [name of the
Employer].

You are requested to proceed with the execution of the Works on the basis that this Notification of
Award shall constitute the formation of a Contract, which shall become binding upon you furnishing a
Performance Security within fourteen (14) days, in accordance with ITT Clause 32, and the signing
the Contract Agreement within twenty-one (21) days, in accordance with ITT Clause 33.

We attach the Contract Agreement and Special Conditions of Contract for your perusal and signature.

Signed

Duly authorised to sign for and on behalf of


[name of Procuring Entity]

Date:

FGN STD Small Works – May 2011 Revision 1.0 35


Contract Agreement (Form W-5)

THIS AGREEMENT, made the [day] of [month] [year] between [name and address of Employer] (hereinafter
called “the Employer”) of the one part and [name and address of Contractor] (hereinafter called “the
Contractor”) of the other part.

WHEREAS, the Employer invited Tenders for certain Works, viz, [brief description of the Works] and has
accepted a Tender by the Contractor for the execution of those works in the sum of Naira [insert amount in
figures and words], hereinafter called “the Contract Price.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expressions shall have the same meanings as are respectively assigned to
them in the General Conditions of Contract hereinafter referred to.

2. The documents forming the Contract shall be interpreted in the following order of priority:

(a) The signed Contract Agreement;


(b) The letter of Notification of Award;
(c) The completed Tender Submission Sheet as submitted by the Tenderer;
(d) The priced Schedule of Works as completed by the Tenderer;
(e) The Special Conditions of Contract;
(f) The General Conditions of Contract;
(g) Technical Specification
(h) The Drawings; and
(i) Any other document listed in the SCC as forming part of the Contract.

3. 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 the Works and
to remedy any defects therein in conformity in all respects with the provisions of the Contract.

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

IN WITNESS whereof the Parties thereto have caused this Agreement to be executed in accordance with the
laws of Nigeria on the day month and year first before written.

For the Employer For the Contractor

Signature

Print Name

Title

In the presence of
(Name)

Address

FGN STD Small Works – May 2011 Revision 1.0 36


Bank Guarantee for Performance Security (Form W-6)
[this is the format for the Performance Security to be issued by a commercial bank
of Nigeria in accordance with ITT Clause 32]

Contract No: Date:

To:

[Name and address of Employer]

PERFORMANCE GUARANTEE No:

We have been informed that [name of Contractor] (hereinafter called “the Contractor”) has
undertaken, pursuant to Contract No [reference number of Contract] dated [date of Contract]
(hereinafter called “the Contract”), the execution of works [description of works] under the Contract.

Furthermore, we understand that, according to your conditions, Contracts must be supported by a


performance guarantee.

At the request of the Contractor, we [name of bank] hereby irrevocably undertake to pay you, without
cavil or argument, any sum or sums not exceeding in total an amount of Naira [insert amount in
figures and in words] upon receipt by us of your first written demand accompanied by a written
statement that the Contractor is in breach of its obligation(s) under the Contract conditions, without
your needing to prove or show grounds or reasons for your demand of the sum specified therein.

This guarantee is valid until [date of validity of guarantee], consequently, we must receive at the
above-mentioned office any demand for payment under this guarantee on or before that date.

Signature Signature

FGN STD Small Works – May 2011 Revision 1.0 37


Bank Guarantee for Advance Payment (Form W-7)
[this is the format for the Advance Payment Guarantee to be issued by a commercial bank
of Nigeria in accordance with SCC Clause 25.2]

Contract No: Date:

To:

[Name and address of Employer]

ADVANCE PAYMENT GUARANTEE No:

We have been informed that [name of Contractor] (hereinafter called “the Contractor”) has
undertaken, pursuant to Contract No [reference number of Contract] dated [date of Contract]
(hereinafter called “the Contract”), the execution of works [description of works] under the Contract.

Furthermore, we understand that, according to your conditions, Advance Payments must be supported
by a bank guarantee.

At the request of the Contractor, we [name of bank] hereby irrevocably undertake to pay you, without
cavil or argument, any sum or sums not exceeding in total an amount of Naira [insert amount in
figures and in words] upon receipt by us of your first written demand accompanied by a written
statement that the Contractor is in breach of its obligation(s) under the Contract conditions, without
you needing to prove or show grounds or reasons for your demand of the sum specified therein.

We further agree that no change, addition or other modification of the terms of the Contract to be
performed, or of any of the Contract documents which may be made between the Employer and the
Contractor, shall in any way release us from any liability under this guarantee, and we hereby waive
notice of any such change, addition or modification.

This guarantee is valid until [date of validity of guarantee], consequently, we must receive at the
above-mentioned office any demand for payment under this guarantee on or before that date.

Signature Signature

FGN STD Small Works – May 2011 Revision 1.0 38


Section 6. Schedule of Works including Technical Specifications

Item Specification Brief Description of Works Unit of Works Quantity of Unit Rate (in Total Amount
No. Clause Number Works Naira) (in Naira)
1 2 3 4 5 6 7 = 5x6

Total Amount in Naira

The objectives of the Schedule of Works including Technical Specifications are:

(a) to provide sufficient information on the quantities of Works to be performed to enable Tenders to be prepared efficiently and accurately; and

(b) when a Contract has been entered into, to provide a priced Schedule for use in the periodic valuation of Works executed.

In order to attain these objectives, Works should be itemized in the above schedule in sufficient detail to distinguish between the different classes of Works, or between
Works of the same nature carried out in different locations or in other circumstances that may give rise to different considerations of cost. Consistent with these
requirements, the layout and content of the Schedule should be as simple and brief as possible. If required the Technical Specifications for particular items or classes of work
should be specified in more detail in the form of notes attached to this Section.

FGN STD Small Works – May 2011 Revision 1.0 39


Section 7. Drawings

Notes on Drawings

Insert here a list of Drawings. The actual Drawings, including site plans, should be attached to
this section or annexed in a separate folder. The Drawings shall be dated, numbered and show the
revision number.

FGN STD Small Works – May 2011 Revision 1.0 40


Section 8. Technical Specification

FGN STD Small Works – May 2011 Revision 1.0 41

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