CONSTRUCTION OF G+2 RESIDENCIAL BUILDING

BIDDING DOCUMENT
FOR
Procurement of works

For National competitive Biddings (NCB)

Subject of procurement construction of G+2 residential

building

Owner: -Group 11

Location: -Addis Ababa Ethiopia

Date of issues of bidding document Jan 20 /2022

Addis Ababa Ethiopia

Jan 20 /2022

INVITATION TO BID
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To: ____________________________________
Contract Name: Invitation to Bid for the construction of G+2 Residential building, at
Addis Ababa, Ethiopia

Dear sirs ,

We hereby inform you that you are invited for biding for the above cited contract.
We now invite you and other applicants to submit sealed bids for execution and completion of
the cited contract.
You may obtain further information from and inspect acquire the bidding documents at,
LIDETA EiABC, Next to FEDERAL COURT
Country: Ethiopia

Town/City: Addis Ababa

Telephone: +251925343290

Contact- Nazrawi Amelo

A complete set of bidding documents may be collected by you at the above office starting from
Jan 20 /2022 to Mar 20 /2022

All bids must be delivered to:

LIDETA EiABC, Next to FEDERAL COURT

Country: Ethiopia

Town/City: Addis Ababa

Telephone: +251925343290

Contact- Nazrawi Amelo

At or before Mar 20 /2022

Please confirm receipt of this letter immediately in writing by cable, fax, or telex. If you do not
intend to bid, we would appreciate being so notified also in writing at your earliest opportunity.

The owner reserves the right to accept or reject any or all bids.

Yours truly,

Authorized signature

Name and title

Invitation for Bid

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1. Group-11, has allocated sufficient budget to be used for the procurement of the
construction of G+11 residential building at Addis Ababa, Ethiopia

2. The employer invites scaled bids from eligible bidders of Grade 6BC/GC or above for the
provision of the construction of G+11 residential building at Addis Ababa Ethiopia.

3. Interested bidders shall submit certificate of Registration from ministry of Works and Urban
Development renewed for 2013 Ethiopian fiscal year and other appropriate documentary
evidences demonstrating the bidders’ compliance, which shall include

i. Trading License renewed for2013 E.C; and

ii. Tax Clearance Certificate valid at bidding date; and
iii. Vat Registration Certificate;

4. Bidding will be conducted in accordance With the National Competitive Bidding NCB
procedure contained in the Public Procurement Proclamation of the Federal Government of
Ethiopia and is open to all bidders as specified and defined in the Bidding Document.

5. Interested eligible bidders may obtain further information from and inspect the bidding
documents at the address given below from 8:30 am to 12:30 p.m. in the morning and 1:30 to
5:30 p.m.in the afternoon.

6. A complete set of bidding document prepared in English language may be collected by

interested bidders at the address below

7. Bids must be delivered to the address below on or before Mar 20 /2022.at 10:00 A.M. Bids will
be opened by the owner and will be announced to the bidder based on the evaluation criteria.
LIDETA EiABC, Next to FEDERAL COURT
Country: Ethiopia

Town/City: Addis Ababa

Telephone: +251925076927

Contact- Sara

8. Group-11, reserves the right to accept any or reject any or all bids.
9. The actual quantity of the works may be nearly stated in the bill of quantities. The Works may
be greater or lower than the one set in BOQ, the payment shall be made on the actual
measurement and No claim shall be entertained for the difference what so ever the difference
will be.

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Bidding Document
Table of Contents
Part 1 - Bidding Procedures
Section 1 – Instructions to Bidders
Section 2 – Bid Data Sheet
Section 3 – Evaluation and Qualification Criteria
Section 4 – Bidding Forms
Section 5 – Eligible Countries

Part 2 - Statement of Requirement

Section 6(A) – Scope of works
Section 6(B) – Technical Specifications
Section 6(C) – Drawings
Section 6(D) – Un priced Bills of Quantities

Part 3 - Contract
Section 7 – General Conditions of Contract
Section 8 – Special Conditions of Contract
Section 9 – Contract Forms

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Part 1 – Bidding Procedures

Section 1 – Instructions to Bidders

Section 2 – Bid Data Sheet
Section 3 – Evaluation Methodology and Criteria
Section 4 – Bidding Forms
Section 5 – Eligible Countries

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Section I. Instructions to Bidders

A. General
1. Scope of Bid

1.1) The Employer indicated in the special condition of contract, invites bidders for
construction work as described in Section 6, Schedule of Requirement. The subject of
procurement and the procurement reference number are provided in the SCC.

1.2) The successful bidder will be expected to complete the Works by the intended completion

1.3) Throughout these Bidding Documents:

a) The term “Employer” means “Procuring Entity” as defined in public procurement

proclamation; and

b) The term “Contractor” means “supplier “as defined in the public procurement
proclamation.

If the context so requires, singular means plural and vice versa; and “Day” means calendar
day.

2. Source of Funds

2.1) The Employer indicated in SCC has an approved budget toward the cost of the
procurement described in Section 6. Schedule of Requirement and intends to use these funds to
cover eligible payments under the contract for the works.

3.Eligible Bidders

a.1 A bidder shall:

(a) Have the legal capacity to enter into a contract;

(b) Not be insolvent, in receivership, bankrupt or being wound up, not have had their business
activities suspended and not be the subject of legal proceedings for any of the foregoing; and
(c) Have fulfilled their obligations to pay taxes according to the laws of the Federal Democratic
Republic of Ethiopia.

a.2 Unless otherwise specified in the SBD, in order to demonstrate compliance with the
criteria in ITB Sub-Clause 3.1, a Bidder shall submit with its Bid either:

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(a) In the case of Ethiopian Bidders only, its certificate of registration from the
mandated public body specified in the SBD demonstrating its registered contractor
status; or

(b) Appropriate documentary evidence demonstrating its compliance, which shall include:

i. Its trading license and suppliers registration certificate

ii. Its tax clearance certificate and VAT registration, if required; and

iii. Any relevant professional practice certificates.

3.3. A bidder shall be required to obtain a certificate of registration from the mandated public
body referred to in ITB Sub-Clause 3.2, demonstrating registered contractor status, as a
condition of contract award.

3.4. Bidding is open to all bidders from eligible countries as defined in Section 5, Eligible Countries.
Any materials, equipment and services to be used in the performance of the Contract shall have their
origin in an eligible country, as defined in Section 5, Eligible Countries.

3.5. All bidders shall provide in Section 4, Bidding Forms, a statement that the Bidder (including all
members of a joint venture and subcontractors) is not associated, nor has been associated in the past,
directly or indirectly, with the consultant or any other entity that has prepared the design,
specifications, and other documents for the Project or being proposed as Engineer for the Contract. A
firm that has been engaged by the Employer to provide consulting services for the preparation or
supervision of the Works, and any of its affiliates, shall not be eligible to bid.

3.6. Government-owned enterprises in the Federal Democratic Republic of Ethiopia may only
participate if they are legally and financially autonomous, operate under commercial law, and
are not a dependent agency to the Employer.

3.7. A Bidder that has been debarred from participating in public procurement in accordance
with ITB Sub-Clause 35.1(c), at the date of the deadline for bid submission or thereafter, shall
be disqualified.

4.Qualification of the Bidder

4.1 All bidders shall provide in the Qualification Information Form in Section 4, Bidding
Forms, a preliminary description of the proposed work method and schedule, including
drawings and charts, as necessary.

4.2 In the event that prequalification of potential bidders has been undertaken, only bids from
prequalified bidders will be considered for award of Contract. These qualified bidders should
submit with their bids any information updating their original prequalification applications or,
alternatively, confirm in their bids that the originally-submitted prequalification information

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remains essentially correct as of the date of bid submission. The update or confirmation should
be provided in the Qualification Information Form in Section 4, Bidding Forms.

4.3 If the Employer has not undertaken prequalification of potential bidders, all bidders shall
include the following information and documents with their bids, using the Qualification
Information Form in Section 4, Bidding Forms, unless otherwise stated in Section 3,
Evaluation and Qualification Criteria:

(a) Copies of original documents defining the constitution or legal status, place of
registration, and principal place of business or a copy of the Bidder’s registration
certificate where such documents have been provided to obtain registered contractor
status; written power of attorney of the signatory of the Bid to commit the Bidder;

(b) Total monetary value of construction work performed for each of the last five years;

(c) Experience in works of a similar nature and size for each of the last five years, and
details of work under way or contractually committed; and clients who may be
contacted for further information on those contracts;

(d) Major items of construction equipment proposed to carry out the Contract;

(e) Qualifications and experience of key site management and technical personnel
proposed for the Contract;

(f) Reports on the financial standing of the Bidder, such as profit and loss statements and
auditor’s reports for the past five years;

(g) Evidence of adequacy of working capital for this Contract (access to line(s) of credit
and availability of other financial resources);

(h) Authority to seek references from the Bidder’s bankers;

(i) Information regarding any litigation, current or during the last five years, in which the
Bidder is involved, the parties concerned, and disputed amount; and

(j) Proposals for subcontracting components of the Works amounting to more than 10
percent of the Contract Price.

4.4. Bids submitted by a joint venture of two or more firms as partners shall comply with the
following requirements, unless otherwise stated in Section 3, Evaluation and Qualification
Criteria:

(a) The Bid shall include all the information listed in Sub-Clause 4.3 above for each joint
venture partner;

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(b) The Bid shall be signed so as to be legally binding on all partners;

(c) All partners shall be jointly and severally liable for the execution of the Contract in
accordance with the Contract terms;

(d) One of the partners will be nominated as being in charge, authorized to incur liabilities,
and receive instructions for and on behalf of any and all partners of the joint venture;
and

(e) The execution of the entire Contract, including payment, shall be done exclusively with
the partner in charge.

4.5 To qualify for award of the Contract, bidders shall meet the minimum qualifying criteria
specified in Section 3, Evaluation and Qualification Criteria.

4.6 Bidders applying for eligibility for a margin of preference in bid evaluation shall supply
all information to satisfy the criteria for eligibility as described in Section 3, Evaluation and
Qualification Criteria.

5. One Bid per Bidder

5.1 Each Bidder shall submit only one Bid, either individually or as a partner in a joint
venture. A Bidder who submits or participates in more than one Bid (other than as a
subcontractor or in cases of alternatives that have been permitted or requested) will cause all
the proposals with the Bidder’s participation to be disqualified.

6. Cost of Bidding

6.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid.

7. Site Visit

7.1. The Bidder, at the Bidder’s own responsibility and risk, is encouraged to visit and
examine the Site of Works and its surroundings and obtain all information that may be
necessary for preparing the Bid and entering into a contract for construction of the Works. The
costs of visiting the Site shall be at the Bidder’s own expense and the Employer will in no case
be responsible or liable for those costs.

7.2. Details of any Pre-Bid Meeting or Site Visit to be held by the Employer are given in the
BDS.

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B. BIDDING Documents

8. Content of Bidding Documents

8.1. The set of bidding documents comprises the documents listed in the table below and
agenda issued in accordance with Clause 10:

PART 1 Bidding Procedures

 Section 1 Instructions to Bidders (ITB)

 Section 2 Bid Data Sheet (BDS)

 Section 3 Evaluation and Qualification Criteria

 Section 4 Bidding Forms

 Section 5 Eligible Countries

PART 2 Schedule of Requirements

 Section 6(A) – Scope of Works

 Section 6(B) – Technical Specifications

 Section 6(C) – Drawings

 Section 6(D) – Bills of Quantities (or Activity Schedule)

PART 3 Contract

 Section 7 General Conditions of Contract (GCC)

 Section 8 Special Conditions of Contract (SCC)

 Section 9 Contract Forms

9. Clarification of Bidding Documents

9.1 According to the proclamation a candidate Bidder requiring any clarification of the
bidding documents may notify the Employer in writing at the Employer's address indicated in
the BDS. The Employer will respond to any request for clarification received earlier than 10
days prior to the deadline for submission of bids. Copies of the Employer's response will be

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forwarded to all purchasers of the bidding documents, including a description of the inquiry,
but without identifying its source.

10.Amendment of Bidding Documents

10.1. Before the deadline for submission of bids, the Employer may modify the bidding
documents by issuing addenda.

10.2. Any addendum thus issued shall be part of the bidding documents and shall be
communicated in writing to all purchasers of the bidding documents. Prospective bidders shall
acknowledge receipt of each addendum in writing to the Employer.

10.3. To give prospective bidders reasonable time in which to take an addendum into account
in preparing their bids, the Employer shall extend, as necessary, the deadline for submission of
bids, in accordance with Sub-Clause 20.2 below.

C.PREPARATION OF BIDS

11.Language of Bid

11.1. All documents relating to the Bid shall be in English. Any printed literature furnished by
the Bidder may be written in another language, as long as such literature is accompanied by a
translation of its pertinent passages into English; in which case, for purposes of interpretation
of the Bid, the translation shall govern.

12. Documents Comprising the Bid

12.1. The Bid submitted by the Bidder shall comprise the following, in the format indicated in
Section 4, Bidding Forms, where appropriate:

(a) Bid Submission Form;

(b) Bid Security;

(c) Priced Bill of Quantities or Activity Schedule;
(d) Qualification Information Form and Documents and the documents evidencing eligibility in
accordance with ITB Sub-Clause 3.2;
(e) Alternative offers where invited; and
(f) Any other document or information required to be completed and submitted by bidders, as
specified in the BDS.

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13. Bid Prices

13.1 The Contract will be an Admeasurement or Lump Sum Contract, as indicated in the BDS.

13.2 The Contract shall be for the whole Works, as described in ITB Sub-Clause 1.1, based on
the:

(a) Priced Bill of Quantities submitted by the Bidder in the case of an Admeasurement
Contract; or

(b) Priced Activity Schedule submitted by the Bidder in the case of a Lump Sum Contract.

13.3 The Bidder shall fill in rates and prices for all items of the Works described in the Bill of
Quantities (or in the case of a lump sum contract, for all items of the Works described in the
drawings and specifications and listed in the Activity Schedule). Items for which no rate or
price is entered by the Bidder will not be paid for by the Employer when executed and shall be
deemed covered by the other rates and prices in the Bill of Quantities or Activity Schedule. If
so specified in the BDS, the Bidder shall provide a breakdown of rates and prices, showing
equipment, materials and labor, for all items whose cost is greater than the percentage of the
Bid Price specified in the BDS.

13.4. All duties, taxes, and other levies payable by the Contractor under the Contract, or for
any other cause, as of the date 28 days prior to the deadline for submission of bids, shall be
included in the rates, prices and total Bid price (or in the case of a lump sum contract, in the
total bid price) submitted by the Bidder.

13.5. The rates and prices (or in the case of a lump sum contract, the lump sum price) quoted
by the Bidder shall be subject to adjustment during the performance of the Contract if provided
for in Clause 47 of the Conditions of Contract. The Bidder shall submit with the Bid all the
information required under Clause 47 of the Conditions of Contract.

14.Currencies of Bid and Payment

14.1 The unit rates and prices (or in the case of a lump sum contract, the lump sum price) shall
be quoted by the Bidder entirely in Ethiopian Birr and shall be paid in Ethiopian Birr only.

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15. Bid Validity

15.1 Bids shall remain valid for the period specified in the BDS.

15.2 In exceptional circumstances, the Employer may request that the bidders extend the
period of validity for a specified additional period. The request and the bidders’ responses
shall be made in writing. A Bidder may refuse the request without forfeiting the Bid Security.
A Bidder agreeing to the request will not be required or permitted to otherwise modify the Bid,
but will be required to extend the validity of Bid Security for the period of the extension, and
in compliance with Clause 16 in all respects.

15.3 In the case of contracts in which the Contract Price is fixed (not subject to price
adjustment), if the period of bid validity is extended beyond 60 days, the amount payable to
the Bidder selected for award, shall be increased by applying the factor specified in the BDS or
in the request for extension, for the period of delay beyond 60 days after the expiry of the
initial bid validity, up to the notification of award. Bid evaluation will be based on the Bid
prices without taking the above correction into consideration.

16.Bid Security

16.1 The Bidder shall furnish, as part of the Bid, a Bid Security in original form in Ethiopian
Birr in the amount specified in the BDS.

16.2 The Bid Security shall, at the Bidder’s option, be in the form of cash, a certified cheque
or payable order, bank draft, letter of credit, or an unconditional bank guarantee. Securities
issued by foreign banks or financial institutions shall be counter-guaranteed by an Ethiopian
bank. The format of the Bid Security should be in accordance with the form of Bid Security
included in Section 4, Bidding Forms or another form acceptable to the Employer. Bid
Security shall be valid for 28 days beyond the validity of the Bid.

16.3 Any bid not accompanied by an acceptable Bid Security shall be rejected by the
Employer. The Bid Security of a joint venture must define as “bidder” all joint venture
partners and list them in the following manner: a joint venture consisting of “client,”
“consultant,” and “contractor”.

16.4. The Bid Security of unsuccessful bidders will be returned within one week after
concluding the contract and after a contract security has been furnished by the successful
Bidder.

16.5. The Bid Security of the successful Bidder will be discharged when the Bidder has signed

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the contract and furnished the required Contract Security.

16.6. The Bid Security may be forfeited:

(a) If the Bidder withdraws the Bid after Bid opening during the period of Bid validity;

(b) If the Bidder does not accept the correction of the Bid price, pursuant to Clause 27; or

(c) In the case of a successful Bidder, if the Bidder fails within the specified time limit to:

i. Sign the contract; or

ii. Furnish the required Contract Security.

17. Alternative Proposals by Bidders

17.1 Bidders shall submit offers that comply with the requirements of the bidding documents,
including the basic technical design as indicated in the drawings and specifications.
Alternatives will not be considered, unless specifically allowed in the BDS.

18 Format and Signing of Bid

18.1 The Bidder shall prepare one original of the documents comprising the Bid as described
in Clause 12 of these Instructions to Bidders, bound with the volume containing the Bid
Submission Form, and clearly marked "ORIGINAL." In addition, the Bidder shall submit
copies of the Bid, in the number specified in the BDS, and clearly marked as "COPIES." In the
event of discrepancy between them, the original shall prevail.

18.2 The original and all copies of the Bid shall be typed or written in indelible ink and shall
be signed by a person or persons duly authorized to sign on behalf of the Bidder, pursuant to
Sub-Clauses 4.3(a) or 4.4(b), as the case may be. All pages of the Bid where entries or
amendments have been made shall be initialed by the person or persons signing the Bid.

18.3 The Bid shall contain no alterations or additions, except those to comply with instructions
issued by the Employer, or as necessary to correct errors made by the Bidder, in which case
such corrections shall be initialed by the person or persons signing the Bid.

18.4 The Bidder shall furnish information as described in the Bid Submission Form on
commissions or gratuities, if any, paid or to be paid to agents relating to this Bid, and to
contract execution if the Bidder is awarded the contract.

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D. Submission of Bids

19.Sealing and Marking of Bids

19.1 The Bidder shall seal the original and all copies of the Bid in two inner envelopes and one
outer envelope, duly marking the inner envelopes as “ORIGINAL” and “COPIES”.

19.2 The inner and outer envelopes shall:

(a) Be addressed to the Employer at the address provided in the BDS;

(b) Bear the name and procurement reference number of the Contract as defined in
the SCC; and

(c) Provide a warning not to open before the specified time and date for Bid opening
as defined in the BDS.

19.3 In addition to the identification required in Sub-Clause 19.2, the inner envelopes shall
indicate the name and address of the Bidder to enable the Bid to be returned unopened in case
it is declared late, pursuant to Clause 21.

19.4 If the outer envelope is not sealed and marked as above, the Employer will assume no
responsibility for the misplacement or premature opening of the Bid.

20.Deadline for Submission of Bids

20.1 Bids shall be delivered to the Employer at the address specified in ITB Sub-Clause
19.2(c) above no later than the time and date specified in the BDS.

20.2 The Employer may extend the deadline for submission of bids by issuing an amendment
in accordance with Clause 10, in which case all rights and obligations of the Employer and the
bidders previously subject to the original deadline will then be subject to the new deadline.

21.Late Bids

21.1 Any Bid received by the Employer after the deadline prescribed in Clause 20 will be
returned unopened to the Bidder.

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22. Withdrawal, Substitution and Modification of Bids

22.1 Bidders may withdraw, substitute or modify their bids by giving notice in writing before
the deadline prescribed in Clause 20.

22.2 Each Bidder’s withdrawal, substitution or modification notice shall be prepared, sealed,
marked, and delivered in accordance with Clauses 18 and 19, with the outer and inner
envelopes additionally marked “WITHDRAWAL”, “SUBSTITUTION” or
“MODIFICATION” as appropriate. The corresponding substitution or modification of the bid
must accompany the written notice.

22.3 No Bid shall be modified after the deadline for submission of Bids.

22.4 Withdrawal of a Bid between the deadline for submission of bids and the expiration of the
period of Bid validity specified in the BDS or as extended pursuant to Sub-Clause 15.2 may
result in the forfeiture of the Bid Security pursuant to Clause 16.

22.5 Bidders may only offer discounts to, or otherwise modify the prices of their bids by
submitting Bid substitutions or modifications in accordance with this clause, or included in the
original Bid submission.

E.BID OPENING AND EVALUATION

23. Bid Opening

23.1 The Employer will open the bids, including substitutions and modifications made
pursuant to Clause 22, in the presence of the bidders' representatives who choose to attend at
the time and in the place specified in the BDS.

23.2 Envelopes marked "WITHDRAWAL" shall be opened and read out first. Bids for which
an acceptable notice of withdrawal has been submitted pursuant to Clause 22 shall not be
opened. Next, envelopes marked “SUBSTITUTION” shall be opened and read out and
exchanged with the corresponding bid being substituted, and the substituted bid shall not be
opened, but returned to the Bidder.. No bid substitution shall be permitted unless the
corresponding substitution notice contains a valid authorization to request the substitution and
is read out at bid opening. Envelopes marked “MODIFICATION” shall be opened and read
out with the corresponding bid. No bid modification shall be permitted unless the
corresponding modification notice contains a valid authorization to request the modification
and is read out at bid opening.

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23.3 The bidders' names, the Bid prices, the total amount of each Bid and of any alternative
Bid (if alternatives have been requested or permitted), any discounts, Bid modifications and
withdrawals, the presence or absence of Bid Security, will all be announced by the Employer
at the bid opening. Further, any such other details as the Employer may consider appropriate,
will also be announced.

23.4 Bids, substitutions or modifications that are not opened and read out at bid opening shall
not be considered for further evaluation, irrespective of the circumstances. In particular, any
discount offered by a Bidder which is not read out at bid opening shall not be considered
further.

23.5 The Employer will prepare minutes of the Bid opening, including the information
disclosed to those present in accordance with Sub-Clause 23.3.

23.6 No bid will be rejected at bid opening except for late bids, which will be returned
unopened to the bidder, pursuant to ITB Clause 21.

24. Process to be Confidential

24.1. Information relating to the examination, clarification, evaluation and comparison of bids
and recommendations for the award of a contract shall not be disclosed to bidders or any other
persons not officially concerned with such process until the award to the successful Bidder has
been announced. Any effort by a Bidder to influence the Employer’s processing of bids or
award decisions may result in the rejection of his Bid.

25. Clarification of Bids and Contacting the Employer

25.1 To assist in the examination, evaluation and comparison of bids, the Employer may, at the
Employer’s discretion, ask any Bidder for clarification of the Bidder’s Bid, including
breakdowns of unit rates (or in the case of a lump sum contract, the prices in the Activity
Schedule). The request for clarification and the response shall be in writing, but no change in
the price or substance of the Bid shall be sought, offered, or permitted except as required to
confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the
bids in accordance with Clause 27.

25.2 Subject to sub-clause 25.1 no Bidder shall contact the Employer on any matter relating to
its bid from the time of the bid opening to the time the contract is awarded. If the Bidder
wishes to bring additional information to the notice of the Employer, it should do so in writing.

25.3 Any effort by the Bidder to influence the Employer in the Employer's bid evaluation, bid

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comparison or contract award decisions may result in the rejection of the Bidder's bid.

26.Examination of Bids and Determination of Responsiveness

26.1 Prior to the detailed evaluation of bids, the Employer will determine whether each Bid (a)
meets the eligibility criteria defined in ITB Clause 3; (b) has been properly signed; (c) is
accompanied by the required securities; and (d) is substantially responsive to the requirements
of the bidding documents.

26.2 A substantially responsive Bid is one, which conforms to all the terms, conditions, and
specifications of the bidding documents, without material deviation or reservation. A material
deviation or reservation is one (a) which affects in any substantial way the scope, quality, or
performance of the Works; (b) which limits in any substantial way, inconsistent with the
bidding documents, the Employer’s rights or the Bidder’s obligations under the Contract; or
(c) whose rectification would affect unfairly the competitive position of other bidders
presenting substantially responsive bids.

26.3 If a Bid is not substantially responsive, it will be rejected by the Employer, and may not
subsequently be made responsive by correction or withdrawal of the nonconforming deviation
or reservation.

27. Correction of Errors

27.1 Bids determined to be substantially responsive will be checked by the Employer for any
arithmetic errors.

27.2 In the case of admeasurements contracts, errors will be corrected by the Employer as
follows:

(a) If there is a discrepancy between the unit price and the total price that is obtained
by multiplying the unit price and quantity, the unit price shall prevail and the total
price shall be corrected, 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;

(b) If there is an error in a total corresponding to the addition or subtraction of

subtotals, the subtotals shall prevail and the total shall be corrected; and

(c) If there is a discrepancy between words and figures, the amount in words shall
prevail, unless the amount expressed in words is related to an arithmetic error, in

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which case the amount in figures shall prevail subject to (a) and (b) above.

27.3 In the case of admeasurements contracts, the amount stated in the Bid will be adjusted by
the Employer in accordance with the above procedure for the correction of errors and, with the
concurrence of the Bidder, shall be considered as binding upon the Bidder. If the Bidder does
not accept the corrected amount, the Bid will be rejected, and the Bid Security may be
forfeited in accordance with Sub-Clause 16.6(b).

27.4 In the case of lump sum contracts, if there is a discrepancy between the words and
figures, the amount in words shall prevail.

28. Evaluation and Comparison of Bids

28.1 The Employer will evaluate and compare only the bids determined to be substantially
responsive in accordance with Clause 26.

28.2 In evaluating the bids, the Employer will determine for each Bid the evaluated Bid price
by adjusting the Bid price as follows:

(a) Making any correction for errors pursuant to Clause 27;

(b) Excluding provisional sums and the provision, if any, for contingencies in the Bill of
Quantities or Activity Schedule, but including Day work, where priced competitively;

(c) Making an appropriate adjustment for any other acceptable variations, deviations, or
alternative offers submitted in accordance with Clause 17; and

(d) Making appropriate adjustments to reflect discounts or other price modifications offered
in accordance with Sub-Clause 22.5.

28.3 The Employer reserves the right to accept or reject any variation, deviation, or alternative
offer. Variations, deviations, and alternative offers and other factors which are in excess of the
requirements of the bidding documents or otherwise result in unsolicited benefits for the
Employer will not be taken into account in Bid evaluation.

28.4 The estimated effect of any price adjustment conditions under Clause 47 of the
Conditions of Contract, during the period of implementation of the Contract, will not be taken
into account in Bid evaluation.

29.Domestic Preference

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29.1 No margin of preference shall apply.

F. Award of Contract

30.Award Criteria and Notification of Proposed Award

30.1 Subject to Clause 31, the Employer will award the Contract to the Bidder whose Bid has
been determined to be substantially responsive to the bidding documents and who has offered
the lowest evaluated Bid price, provided that such Bidder has been determined to be (a)
eligible in accordance with the provisions of Clause 3, and (b) qualified in accordance with the
provisions of Clause 4.

30.2 Prior to expiry of the period of bid validity, the Employer shall notify all Bidders in
writing of the successful bid, but this notification shall not constitute a contract award. This
notification shall be made at least five working days prior to the award of contract in
accordance with ITB Clause 32.

31.Employer’s Right to Accept any Bid and to /or Reject any or all Bids

31.1 Notwithstanding Clause 30, the Employer reserves the right to accept or reject any Bid,
and to cancel the bidding process and reject all bids, at any time prior to the award of Contract,
without thereby incurring any liability to the affected Bidder or bidders or any obligation to
inform the affected Bidder or bidders of the grounds for the Employer’s action.

32. Notification of Award and Signing of Agreement

32.1 The Bidder whose Bid has been accepted will be notified of the award in writing by the
Employer prior to expiration of the Bid validity period and following the elapse of the
notification period in accordance with ITB Sub-Clause 30.2. This notification (hereinafter and
in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the
Employer will pay the Contractor in consideration of the execution, completion, and
maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in
the Contract called the "Contract Price").

32.2 The notification of award will constitute the formation of the Contract, subject to the
Bidder furnishing the Contract Security in accordance with Clause 33 and signing the contract
in accordance with Sub-Clause 32.3.

32.3 The contract will incorporate all agreements between the Employer and the successful
Bidder. It will be signed by the Employer and sent to the successful Bidder following the

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notification of award. Within 15 days of receipt, the successful Bidder will sign the contract
and deliver it to the Employer.

33. Contract Security

33.1 Within 15 days after receipt of the Letter of Acceptance, the successful Bidder shall
deliver to the Employer a Contract Security in the form of a Bank Guarantee, or in the case of
Ethiopian contractors only, in the form of a Performance Bond, in the amount and
denominated in the type and proportions of currencies specified in the Conditions of Contract.

33.2 Contract Securities issued by foreign banks or financial institutions shall be counter-
guaranteed by an Ethiopian bank.

33.3 Failure of the successful Bidder to comply with the requirements of Sub-Clause 33.1 shall
constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security.

34.Adjudicator

34.1 The Employer proposes the person named in the BDS to be appointed as Adjudicator
under the Contract, at an hourly fee specified in the BDS, plus reimbursable expenses. If the
Bidder disagrees with this proposal, the Bidder should so state in the Bid. If, in the Notice of
Acceptance, the Employer has not agreed on the appointment of the Adjudicator, the
Adjudicator shall be appointed by the Appointing Authority designated in the SCC at the
request of either party.

34.2 The Adjudicator shall act as an impartial expert to resolve disputes between the Parties as
rapidly and economically as is reasonably possible. Unless otherwise specified in the contract
or in any applicable rules for adjudication:

(a) The Adjudicator’s role may include, but not be limited to, requiring and
examining any relevant documents and written statements, making site visits,
using his own specialist knowledge and holding a hearing; and

(b) The Adjudicator’s decision shall reflect the legal entitlements of the Parties and
his fair and reasonable view of how the dispute should be resolved.

35.Corrupt or Fraudulent Practices

35.1 The Government of the Federal Democratic Republic of Ethiopia (hereinafter called “the
Government”) requires that Employers, as well as Bidders and Contractors under government-
financed contracts, observe the highest standard of ethics during the procurement and

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execution of such contracts. In pursuance of this policy, the Government:

(a) Defines, for the purposes of this provision, the terms set forth below as follows:

i. "Corrupt practice" means the offering, giving, receiving or soliciting, directly or

indirectly, of anything of value to influence the action of a public official in the
procurement process or in contract execution;

ii. "Fraudulent practice" means a misrepresentation or omission of facts in order

to influence a procurement process or the execution of a contract;

iii. “Collusive practices” means a scheme or arrangement between two or more

Bidders, with or without the knowledge of the Employer, designed to establish
prices at artificial, noncompetitive levels; and

iv. “Coercive practices” means harming or threatening to harm, directly or

indirectly, persons or their property to influence their participation in a
procurement process, or affect the execution of a contract.

(b) Will reject a recommendation for award if it determines that the Bidder recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or
coercive practices in competing for the contract in question;

(c) Will debar a Bidder from participation in public procurement for a specified period of
time if it at any time determines that the firm has engaged in corrupt, fraudulent, collusive
or coercive practices in competing for, or in executing, a contract.

35.2 Furthermore, Bidders shall be aware of the provision stated in sub-clause 59.2 of the
General Conditions of Contract.

35.3 Any Bidder may seek administrative review, in accordance with Section 51 of the Public
Procurement Proclamation, of an act or omission by an Employer, which it considers to be in
breach of the Proclamation. Any application for review must be submitted in writing to the
head of the Employer, within five working days from the date the Bidder knew, or should have
known, of the circumstances giving rise to the complaint. If the head of the Employer does not
issue a decision within fifteen days, or the Bidder is not satisfied with the decision, the Bidder
may submit a complaint to the Public Procurement Agency.

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SECTION 2: BID DATA SHEET

Instructions to
Bidders (ITB) Data relevant to ITB
reference

A. General

ITB 3.2 A Bidder shall submit with its bid the documentary evidence specified in ITB
Clause 3.2.

The documentary evidence required shall be amended as follows: renewed license

for the year 2013, construction Service certificate for 2013, VAT registration and
registration certificate form Ministry of Finance and Economic Development and
tax clearance certificate at bidding date.

ITB 3.2(a) The mandated public body for the registration of contractors is: Ministry of
Finance and Economic Development or Ministry of Urban Development.

ITB 7.2 The Employer may hold a pre -bid meeting and site visit.

If a pre-bid meeting is being held, it shall take place at:

Location: LIDETA EiABC around federal court

Date: At working time before contract agreement

Time: Any of working hours

If a site visit is being held, it shall take place at:

Location: The site of the work

Date: Any of the contract period

Time: Any of working hours

B. Bidding Documents

ITB 9.1 The bidder shall seal one For clarification purposes only, the Employer’s
address is: LIDETA EiABC, around Federal court

Country: Ethiopia

Town/City: Addis Ababa

Telephone: +251925343290

Contact- Nazrawi Amelo

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Electronic mail address: [email protected]

C. Preparation of Bids

ITB 13.1 The Contract is an Admeasurement Contract.

ITB 13.3 The Bidder shall fill in rates and prices for all items of works described in Bill of
Quantities.

The Bidder shall provide a breakdown of rates and prices for all items whose cost
is greater than 5% of the Bid Price.

The breakdown of rates and prices should separately show overhead and profit.

ITB 15.1 Bids shall remain valid for 26 Calendar days.

ITB 15.3 Bid price adjustment shall be entertained.

ITB 16.1 The amount of the bid security shall be 2% of the financial offer.

ITB 18.1 In addition to the original of the bid, the number of copies is: Two

D. Submission of Bids

ITB 19.1 The bidder shall seal the original technical qualification offer and one copies of
the technical offer in separate envelopes with two inner envelopes and one outer
envelope, duly marking the inner envelopes as “ORIGINAL” and “COPIES”. The
financial offer and copies of the financial offer in separate envelopes with two
inner envelopes and one outer envelope, duly marking the inner envelopes as
“ORIGINAL” and “COPIES”.

ITB 19.2(a) For bid submission purposes only, the Employer’s address is:

LIDETA EiABC, around Federal court

Country: Ethiopia

Town/City: Addis Ababa

Telephone: +251925343290

Contact- Nazrawi Amelo

Electronic mail address: [email protected]

ITB 20.1 The deadline for bid submission is:

Date: Mar 5,2021

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Time: 11:00 am at local time

ITB 23.1 The bid opening shall take place at:

LIDETA EiABC, around Federal court

Country: Ethiopia

Town/City: Addis Ababa

Date: Jan 20 /2022

Time: 3:00 am at local time

F. Award of Contract

ITB 34.1 The Adjudicator proposed by the Employer is instructor Mr. Said.

The hourly fee for this proposed Adjudicator shall be 500 per hour.

The biographical data of the proposed Adjudicator is as attached to this Bid Data
Sheet.

Section 3. Evaluation and Qualification Criteria

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This section, read in conjunction with Section 1, Instructions to Bidders and Section 2, Bid Data
Sheet, contains all the factors, methods and criteria that the Employer shall use to evaluate a bid
and determine whether a bidder has the required qualifications. No other factors, methods or
criteria shall be used.

1. Qualification Criteria
The information required from bidders in ITB Sub-Clause 4.3 is modified as follows: No modifications.
The requirements for joint ventures in ITB Sub-Clause 4.4 are modified as follows:
1. Attach the power of attorney of the signatory(i.e.) of the bid authorizing signature of the bid on
behalf of the joint venture.
2. Attach the Agreement among all partners of the joint venture (and which is legally binding on all
partners),which shows that:
(a) All partners shall be jointly and severally liable for the execution of the contract in
accordance with the contract terms;
(b) One of the partners will be nominated as being in charge, authorized to incur liabilities, and
receive instructions for and on behalf of any and all partners of the joint venture; and
To qualify for award of the Contract, in accordance with ITB Sub-Clause 4.5, bidders shall meet the
minimum qualifying criteria:
(a) Average annual volume of construction work over the past 3(three) years of at least Ethiopian
Birr 1,500,000: it is mandatory to justify by manual audit report
(b) Experience as prime contractor in the construction of at least 3(three) works of a nature and
complexity equivalent to the Works over the last 3(three) years (to comply with this requirement,
works cited should be at least 80 percent complete); the similar nature of work means construction
of store buildings, warehouses etc.
(c) Proposals for the timely acquisition (own, lease, hire, etc.) of the following essential equipment;
Equipment Type and capacity Minimum number required
1. Concrete mixer 350Lt 2
2. Concrete vibrator 1
3
3. Dump Trucks,10m and above 1
4. Welding machine 1
5. Loader, 3.0m3 1
6. Surveying instrument(theodolite or level) 1
7. Plate compactor,1.5 ton 1

(d) Personnel with the following qualifications and experience:

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Position Education No Minimum In similar

Experience(in Works&
years) position
(in years)
Project Manager B.Sc. Civil 1 3 3
Engineer or
COTM
professional
Site Engineer Advance diploma 1 2 2
or above
Forman Diploma or above 1 3 0

(e) Cash other than any advance payments which may be made under the Contract, of no less than ETB
700,000.00 should be available in bidder account. It’s mandatory to justify by bank statement or
bank statement or testimony from the bank
Bidders meeting the minimum required eligibility criteria, minimum qualification criteria
(80% and above),and all the condition and requirement stated on this tender document
will be qualified for the financial proposal analysis. But the bidder proposing the least
price and have fulfil a minimum technical criteria shall be selected for negotiation.
A consistent history of litigation or arbitration awards against the Applicant or any partner of a Joint
Venture may result in disqualification.
The figures for each of the partners of a joint venture shall be added together to determine the Bidder’s
compliance with the minimum qualifying criteria in (a) and (e) above; however, for a joint venture to
qualify, each of its partners must meet at least 25 percent of minimum criteria (a), (b), and (e) above for
an individual Bidder, and the partner in charge at least 40 percent of those minimum criteria. Failure to
comply with this requirement will result in rejection of the joint venture’s Bid.
Subcontractors’ experience and resources will not be taken into account in determining the Bidder’s
compliance with the qualifying criteria.

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SECTION 4. BIDDING FORMS

List of forms
Bid submission forms
Priced schedules
Bid security form (Bank Guarantee)
Qualification information form
Note: All forms shown the information to be completed by the bidder in hold in square brackets.
E.g. [insert date] etc.
Note to Bidders: This bid Submission form should be on the letterhead of the Bidder and should be signed
by a person with the proper authority to sign documents that are binding on the Bidder. Additional details
on the price should be inserted if the contract payments are to be in various currencies. If the Bidder
objects to the Adjudicator proposed by the Employer in the bidding documents, he should so state in his
Bid, and present an alternative candidate, together with the candidate’s daily fees and biographical data,
in accordance with Clause 35 of the Instructions to Bidders.

Bid Submission Form

Date: [_____________________]

Procurement Reference No.: [1]

Page:[28] of [76s] pages

To: [_______________________]

We, the undersigned, declare that:

a) We have examined and have no reservations to the Bidding Documents, including Addenda No.:
[insert the number and issuing date of each Addenda];
b) We offer to execute the [insert the name and procurement reference number of the Contract] in
conformity with the Bidding Documents for the Contract Price of [insert amount in numbers and
words] Ethiopian Birr, excluding any discounts offered at (d) below;
c) The advance payment (which shall be payable in the same currencies and percentages as the
Contract Price) required is Ethiopia birr.
d) The discounts offered and the methodology for their application are: …………………
 Unconditional Discounts. If our bid is accepted, the following discounts shall apply.
[Specify in detail each discount offered and the specific item to which it applies.]
Methodology of Application of the Discounts. The discounts shall be applied using the
following method: [Specify in detail the method that shall be used to apply the
discounts];
 Conditional Discounts. If our bid(s) are accepted, the following discounts shall apply.
[Specify in detail each discount offered and the specific item to which it applies.]

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 CONSTRUCTION OF G+2 RESIDENCIAL BUILDING

methodology of Application of the Discounts. The discounts shall be applied using the
following method: [Specify in detail the method that shall be used to apply the
discounts];
e) Our bid shall be valid for a period of [specify the number of days that the bid is valid for]
calendar days from the date fixed for the bid submission deadline in accordance with ITB Sub-
Clause 20.1, and it shall remain binding upon us and may be accepted at any time before the
expiration of that period;
f) We, including any subcontractors or suppliers for any part of the contract, have nationality from
the following eligible countries: [insert the nationality of the Bidder, including that of all parties
that comprise the Bidder, if the Bidder is a JV, and the nationality each subcontractor and
supplier]
g) We have no conflict of interest in accordance with ITB Sub-Clause 3.2;
h) Our firm, its affiliates or subsidiaries—including any subcontractors or suppliers for any part of
the contract—has not been debarred from participation in public procurement by the Government
of the Federal Democratic Republic of Ethiopia, in accordance with ITB Sub-Clause 3.4;
i) We have read and understood the provisions on fraud and corruption in ITB Clause 36 and we
undertake to abide by the Code of Ethical Conduct for Bidders during the procurement process
and the execution of any resulting contract;
j) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract is
prepared and executed.
k) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you
may receive.

Signed: [insert signature of person whose name and capacity are shown] in the capacity of [insert legal
capacity of person signing the Bid]

Name:

Duly authorized to sign the bid for and on behalf of: _______________________

Dated on __________________

Note to Bidders: Bidders shall submit a fully priced Bills of Quantities for Admeasurements’ Contracts
or Schedule of Activities for Lump Sum Contract as provided in Section 6 of the Bidding Documents.
Each page of the Bills of Quantities or the Schedule of Activities should be signed by a person with the
proper authority to sign documents for the Bidder.

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Bid Security (Bank Guarantee)

Date: ___________________________

Procurement Reference No.:1

Page 31of 74pages

To: ________________

Whereas ______________ (hereinafter “the Bidder”) has submitted its bid dated______of bid
submission] for procurement reference no. PPA 2006 for the construction of admeasurement called
“the Bid.”

KNOW ALL PEOPLE by these presents that WE Commercial Bank of Ethiopia having our registered
office at Lideta (hereinafter “the Bank”), are bound unto EiABC (hereinafter “the Employer”) in the
sum of 2 percent of total cost for which payment well and truly to be made to the aforementioned
Employer, the Bank binds itself, its successors or assignees by these presents.

Sealed with the Common Seal of this bank, this__________________.

THE CONDITIONS of this obligation are the following:

1. If the Bidder withdraws its bid during the period of bid validity specified by the Bidder in the
Bid Submission Form, except as provided in ITB Sub-Clause 20.2; or

2. If the Bidder, having been notified of the acceptance of its bid by the Employer, during the period
of bid validity, fails or refuses to:

(a) Execute the Contract; or

(b) Furnish the Performance Security, in accordance with the ITB Clause 33; or

(c) Accept the correction of its bid by the Employer, pursuant to ITB Clause 27.

We undertake to pay the Employer up to the above amount upon receipt of its first written demand,
without the Employer having to substantiate its demand, provided that in its demand the Employer
state that the amount claimed by it is due to it, owing to the occurrence of one or more of the above
conditions, specifying the occurred conditions.

This guarantee shall remain in force up to and including twenty-eight (28) days after the period of bid
validity, as stated in the Bid Submission Form or as it may be extended by the Bidder, notice of which
extension(s) to the Bank is hereby waived. Any demand in respect thereof should be received by the
Bank no later than the above date.

This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.

Name: ______________________.

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 CONSTRUCTION OF G+2 RESIDENCIAL BUILDING

Signed:

Duly authorized to sign the bid for and on behalf of: Commercial Bank of Ethiopia

Dated on _________________.

Note to Bidders: The information to be filled in by bidders in the following pages will be used for
purposes of post-qualification or for verification of pre-qualification as provided for in Clause 4 of the
Instructions to Bidders. This information will not be incorporated in the Contract. Attach additional
pages as necessary. If used for pre-qualification verification, the Bidder should fill in updated
information only.

Qualification Information Form

1. Individual 1.1) Constitution or legal status of Bidder: renewed trade licence
Bidders or
Individual Members Place of registration: EiABC
of Joint Ventures Principal place of business: lideta

Power of attorney of signatory of Bid: Group-8

1.2) Average annual volume of construction work performed in the previous

number of years specified in Section 3, in the currency specified in Section
3, Evaluation and Qualification Criteria:

Year: 2years
average
Volume: 2,000,000
ETB
1.3) Work performed as prime Contractor on works of a similar nature and
volume over the last five years. The values should be indicated in the same
currency used for Item 1.2 above. Also list details of work under way or
committed, including expected completion date.

Project Name of Type of Value of

name and client and work contract
country contact performed
person and year of
completion

a) G11 Narzawi Both sub

b) Residential. Amelo and super
B structure
(269 Days )
1.4) Major items of Contractor’s Equipment proposed for carrying out the
Works. List all information requested below. Refer to Section 3, Evaluation
and Qualification Criteria.

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 CONSTRUCTION OF G+2 RESIDENCIAL BUILDING

Item of Description, Condition (new, good, Owned, leased (from whom?), or

equipment make, and age poor) and number to be purchased (from whom?)
(years) available

(a vibrator 2 years,2 Owned Owned

(b) Concert 2 years,1 Owned Owned
mixer

1.5) Qualifications and experience of key personnel proposed for administration

and execution of the Contract. Attach biographical data.

Position Name Qualifications Years of Years of

experience experience in
(general) proposed
position
a Nazrawi Amelo BSC 2 2
b Nathenal Amare BSC 1 1

1.6) Proposed subcontracts and firms involved

Sections of the Value of Subcontractor (name and Experience in similar work

Works subcontract address)
(a) None None None
(b)

1.7) Financial reports for the last three years: balance sheets, profit and loss
statements, auditors’ reports, etc. List below and attach copies.

1.8) Evidence of access to financial resources to meet the qualification

requirements: cash in hand, lines of credit, etc. List below and attach copies
of support documents.

1.9) Name, address, and telephone, telex, and facsimile numbers of banks
that may provide references if contacted by the Employer.

1.10) Information on current litigation in which the Bidder is involved.

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 CONSTRUCTION OF G+2 RESIDENCIAL BUILDING

Other party(ies) Cause of dispute Amount involved

(a) Adjucator Payment delay 1

1.11) Proposed Program (work method and schedule). Descriptions,

drawings, and charts, as necessary, to comply with the requirements of the
bidding documents.

2. Joint Ventures 2.1) The information listed in 1.1 - 1.10 above shall be provided for each
partner of the joint venture.

2.2) The information in 1.11 above shall be provided for the joint venture.

2.3) Attach the power of attorney of the signatory (ies) of the Bid
authorizing signature of the Bid on behalf of the joint venture.

2.4) Attach the Agreement among all partners of the joint venture (and
which is legally binding on all partners), which shows that

a) All partners shall be jointly and severally liable for the execution of
the Contract in accordance with the Contract terms;
b) One of the partners will be nominated as being in charge, authorized
to incur liabilities, and receive instructions for and on behalf of any
and all partners of the joint venture; and
c) The execution of the entire Contract, including payment, shall be
done exclusively with the partner in charge.

3.Additional 3.1) Bidders should provide any additional information required in Sections
Requirements 2 or 3 of the Bidding Document or to fulfil the requirements of Sub-Clause
4.1 and Clause 30 of the Instructions to Bidders, if applicable.

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SECTION 5. ELIGIBLE COUNTRIES

PROCUREMENT REFERENCE NUMBER:

All countries are eligible except countries subject to the following provisions.

A country shall not be eligible if:

a) As a matter of law or official regulation, the Government of the Federal Democratic Republic
of Ethiopia prohibits commercial relations with that country, provided that the Government is
satisfied that such exclusion does not preclude effective competition for the provision of the
works required; or
b) By an act of compliance with a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations, the Government of the Federal Democratic
Republic of Ethiopia prohibits any procurement of works from that country or any payments
to persons or entities in that country.

PART 2 – SCHEDULE OF REQUIREMENTS

Section 6(A) – Scope of works
Section 6(B) – Technical Specifications
Section 6(C) – Drawings
Section 6(D) – Un priced Bills of Quantities

6(A) SCOPE OF WORKS

Description of the works

The work consists of the construction of G+2 residential building, at Addis Ababa, Ethiopia.

Duration of the service

The duration of the complete construction work is envisaged to be300colander day.

6 (B) Technical specification and methods of measurement

BATCODA’s standard technical specification of March 1991 is an integral part of this contract.

6 (C) Drawings
Drawings are given.

 Architectural drawings, like

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 CONSTRUCTION OF G+2 RESIDENCIAL BUILDING

Ground, first floor and second floor plan

Section
Front, rear, right and left Elevation
Site plan
 Structural drawing
Foundation plan and section
Slab plan
Beam section
Column section.

6 (D) Non-priced bill of quantities

Bill of Quantity and Specification for

Apartment Building Project

A.SUB STRUCTURE

1. Excavation and Earth work…………………………………….

2. Concrete Work…………………………………………………..

Sub Total-A…………………

B. SUPER-STRUCTURE

1. Concrete Work…………………………………………………..

2. Walling…………………………………………………………...

3. Roofing…………………………………………………………...

4. Aluminum and Metal Work……………………………………

5. Finishing………………………………………………………....

6. Painting………………………………………………………….

Sub Total-B……………………...

Grand Total A+B……………...

15% VAT………………………

Grand Total after VAT………

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 CONSTRUCTION OF G+2 RESIDENCIAL BUILDING

Item
Description Unit Quantity
No
A.SUB STRUCTURE
1.0 EXCAVATION & EATRHWORK
1.01 Clear and remove top soil to an average depth of 20cm. M2 203.50
1.02 Bulk excavation in ordinary soil to reduce level to depth not exceeding 1500mm M3 94.50
1.03 Pit excavation in Weathered Rock to a depth not exceeding 1500mm from Ground
M3 72.00
Level
1.04 Pit excavation in Hard Rock to a depth not exceeding 3000mm from Ground Level M3 33.60
1.05 Trench excavation in Weathered Rock to a depth of 600mm from reduced Level M3 95.55
1.06 Fill around foundation and building in weathered rock from site well rolled and
M3 203.53
compacted in layers not exceeding 200 mm thick.
1.07 Fill under hard core with imported selected material from quarry waste well rolled and
M2 98.94
compacted in layers not exceeding 200 mm thick.
1.08 30 cm thick selected material fill M3 45.67
1.09 25cm thick basaltic stone hardcore well rolled, consolidated and blinded with
M2 38.05
crushed stone .
Total Carried To Summary
2.0 CONCRETE WORK
2.01 50 mm lean concrete quality C‐5, with minimum cement content of 150 kg/m3, of
concrete:
a) Under footing pad M2 27.00
b) Under Masonary M2 31.85
c) Under Grade Beam (Inside Part) M2 1.12
2.02 Reinforced concrete quality C-25,360 kg of cement/m3 filled in to form work and
vibrated around rod reinforcement (Formwork and reinforcement measured
separately)
a) In Foundation Pad M3 8.10
b) In Foundation Column M3 2.63
a) In Grade Beams M3 4.78
b) In 100 mm thick Ground Floor Slab M2 78.21
2.03 Provide, cut and fix in position sawn structural wood or steel formwork which
ever is appropriate.
a) In Foundation Pad M2 21.60
b) In Foundation Column M2 42.00
c) To Grade Beams M2 15.94
2.04 Mild steel reinforcement according to structural drawings. Price includes cutting,
bending, placing in position,tying wire, concrete spacers and reinforcement bar
chairs.
b) Dia. 6mm deformed bar kg 32.33
c) Dia. 8mm deformed bar kg 312.00
d) Dia. 10mm deformed bar kg 1096.06
e) Dia. 14mm deformed bar kg 3164.10
Total Carried To Summary
3.0 MASONRY WORK

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3.01 500mm thick hard roughly dressed stone masonry foundation wall below ground level
M3 54.15
bedded in cement mortar mix ratio(1:3)
3.02 500mm thick hard roughly dressed stone masonry foundation wall above ground level
M3 7.96
bedded in cement mortar mix ratio(1:3)
Total Carried To Summary
Item
Description Unit Quatity
No
B.SUPER STRUCTURE
1.0 CONCRETE WORK
1.01 Reinforced concrete quality C-25,360 kg of cement/m3 filled in to form work and
vibrated around rod reinforcement (Formwork and reinforcement measured
separately)
a) In Elevation Column M3 4.59
b) In Top Tie beams M3 5.03
1.02 Provide, cut and fix in position sawn structural wood or steel formwork which ever is
appropriate.
a) To Elevation Columns M2 73.44
b) To Top Tie Beams M2 57.11
1.03 Mild steel reinforcement according to structural drawings. Price includes cutting,
bending, placing in position,tying wire, concrete spacers and reinforcement bar
chairs.
a) Dia. 8 mm deformed bar Kg 335.96
b) Dia. 10mm deformed bar Kg 1152.42
c) Dia. 14mm deformed bar Kg 1829.50
Total Carried To Summary
2.0 BLOCK WORK
Class C, 200mm,150,100 thick HCB wall with the designed compressive strength ,
bedded in cement mortar (1:3).
2.01 Total Carried To Summary M2 558.92
3.0 ROOFING
3.01 Roof cover of Decra Roofing o.45mm thick (roof measurdin horizontal projection M2 107.50
3.02 G-28 Galvanized metal sheet gutter OF DEVELOPMENT LENGETH 33CM ML 19.95
3.03 galvanized rectangular downpipe Development length =500mm ML 36.00
3.04 Supply and fix rectangular skylight accroding to the drawing ML 4.00
3.05
3.06
3.07 Total Carried To Summary
Description
Item
4.0 CARPENTRY & JOINERY Unit Quantity
No
Supply and fix 8 mm thick chip wood ceiling on and including 40 x 50 mm structural
wood battens placed c/c 600 mm both ways suspended to steel truss lower member.
Price includes 40x40mm decorated hard wood corner list and all other necessary
accessories
4.01 40x40mm decorated corner frame, list and all other necessary accessories M2 4.00
4.02 Gypsum board ceiling of 9.5mm thick M2 222.96

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4.03 Supply & mount Eucalyptus wood upper & lower member diameter 100mm ML 52.27
4.04 Supply & mount Eucalyptus wood diagonal & vertical member diameter 100mm ML 108.40
4.05 Supply & mount Eucalyptus wood roof purlin 5*7 c/c 90cm ML 88.16
4.06 Supply & mount Eucalyptus wood roof battern 4*5 c/c 60cm ML 59.13
4.07 Supply & mount Eucalyptus wood fascia board with 2cm thickness ML 11.04
4.08 Total Carried To Summary
5.0 METAL Work
Door and Windows are manufactured from 38x1.5mm LTZ profile and partially
covered with black iron sheet as per the Engineer's approval and window door
schedule. Unit price includes one coat of antirust and two coats of synthetic enamel
paint, approved quality.
5.01 Doors
a) D1 =2100 x 900mm pcs 6.00
b) D2 =2100 x 800mm pcs 5.00
c) D3 =2760 x 1200mm pcs 1.00
d) D4 =2100 x 600mm pcs 2.00
e)D5 =2100 x 700mm pcs 1.00
Window
a) W1 =1850 x 1200mm pcs 2.00
b) W2 =1850 x 2000mm pcs 2.00
c) W3 = 600 x 600 mm pcs 1.00
d)W4=2540 x 1560mm pcs 2.00
e)W5=4550 x 2910mm pcs 1.00
f)W6=2540 x 2760mm pcs 1.00
g)W7=5880 x 2910mm pcs 1.00
h)W8=700 x 1850mm pcs 2.00
i)W9=1000 x 1850mm pcs 1.00
6.0 PLASTERING
Apply three coats of plastering in cement mortar (1:3) up to fine finish. Price shall include pre-
cleaning and preparation of the surface.
6.01 a) To internal wall surface. M2 543.40
b) To external wall surface. M2 594.86
a) To window edge M2 14.24
b) To door edge M2 15.48

Total Carried To Summary

7.0 FINISHING
7.01 40mm thick cement sand screed in mortar mix(1:3)below 10mm ceramic ff M2 7.49
7.02 10mm thick Ceramic floor finish with 300 x 300 mm dimension M2 72.57
7.03 40mm thick cement sand screed in mortar mix(1:3)below 10mm parquet ff M2 2.43
7.04 10mm thick parquet floor finish with 600 x600mm dimension M2 76.45
7.05 30mm thick cement screed for terazzo with 400 x400 mm dimension M2 0.53
7.06 20mm thick terazzo with 400 x400 mm dimension M2 12.20
Total Carried To Summary

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8. GLAZING
8.01 5mm thick clear glass glazed to metal beads and approved quality putty. M2 70.97
Total Carried To Summary

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PART 3 – CONTRACT CONDITIONS AND FORMS

Section 7 – general conditions of contract
Section 8 – special conditions of contract
Section 9 – contract forms

Section 7. General Conditions of Contract

A) General
1) Definitions
1.1 The following words and expressions shall have the meanings hereby assigned to them:

The “Activity Schedule” means the priced Activity Schedule forming part of the Bid for a Lump Sum
Contract.

The “Adjudicator” is the person appointed jointly by the Employer and the Contractor to resolve disputes
in the first instance, as provided for in Clauses 24 and 25 hereunder.

“Bill of Quantities” means the priced and completed Bill of Quantities forming part of the Bid for an
Admeasurement contract.

“Compensation Events” are those defined in Clause 44 hereunder.

The “Completion Date” is the date of completion of the Works as certified by the Engineer, in accordance
with Sub-Clause 55.1.

The “Contract” is the Contract between the Employer and the Contractor to execute, complete, and
maintain the Works. It consists of the documents listed in Clause 2.3 below.

The “Contractor” is a person or corporate body whose Bid to carry out the Works has been accepted by
the Employer and means “Supplier” as defined in the Public Procurement Proclamation.

The “Contract Price” is the price stated in the Letter of Acceptance and thereafter as adjusted in
accordance with the provisions of the Contract.

“Days” are calendar days; “months” are calendar months.

“Day works” are varied work inputs subject to payment on a time basis for the Contractor’s employees
and Equipment, in addition to payments for associated Materials and Plant.

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

The “Defects Liability Certificate” is the certificate issued by Engineer upon correction of defects by the
Contractor.

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The “Defects Liability Period” is the period named in the Special Conditions of Contract and calculated
from the Completion Date.

“Drawings” include calculations and other information provided or approved by the Engineer for the
execution of the Contract.

The “Employer” is the party who employs the Contractor to carry out the Works and means “Procuring
Entity” as defined in the Public Procurement Proclamation.

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

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

The “Initial Contract Price” is the Contract Price listed in the Employer’s Letter of Acceptance.

The “Intended Completion Date” is the date on which it is intended that the Contractor shall complete the
Works. The Intended Completion Date is specified in the Special Conditions of Contract. The Intended
Completion Date may be revised only by the Engineer by issuing an extension of time or an acceleration
order.

“Materials” are all supplies, including consumables, used by the Contractor for incorporation in the
Works.

“Plant” is any integral part of the Works that shall have a mechanical, electrical, chemical, or biological
function.

The “Site” is the area defined as such in the Special Conditions of Contract.

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

“Specification” means the Specification of the Works included in the Contract and any modification or
addition made or approved by the Engineer.

The “Start Date” is given in the Special Conditions of Contract. It is the latest date when the Contractor
shall commence execution of the Works. It does not necessarily coincide with any of the Site Possession
Dates.

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

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

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

A “Variation” is an instruction given by the Engineer, which varies the Works.

The “Works” are what the Contract requires the Contractor to construct, install, and turn over to the

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Employer, as defined in the Special Conditions of Contract.

2) Interpretation

2.1) In interpreting these General Conditions of Contract, singular also means plural, male also means
female or neuter, and the other way around. Headings have no significance. Words have their normal
meaning under the language of the Contract unless specifically defined. The Engineer will provide
instructions clarifying queries about these General Conditions of Contract.

2.2) If sectional completion is specified in the Special Conditions of Contract, references in the
General Conditions of Contract to the Works, the Completion Date, and the Intended Completion Date
apply to any Section of the Works (other than references to the Completion Date and Intended
Completion Date for the whole of the Works).

2.3) The documents forming the Contract shall be interpreted in the following order of priority:

(1) Agreement,

(2) Letter of Acceptance,

(3) Contractor’s Bid,

(4) Special Conditions of Contract,

(5) General Conditions of Contract,

(6) Specifications,

(7) Drawings,

(8) Bill of Quantities or Activity Schedule, and

(9) Any other document listed in the Special Conditions of Contract as forming part of
the Contract.

3) Language and Law

3.1) The language of the Contract is English and the law governing the Contract is that of the Federal
Democratic Republic of Ethiopia, unless otherwise specified in the Special Conditions of Contract.

4) Engineer’s Decisions

4.1) Except where otherwise specifically stated and subject to any restrictions in the Special
Conditions of Contract, the Engineer will decide contractual matters between the Employer and the
Contractor in the role representing the Employer.

5) Delegation

5.1) The Engineer may delegate any of his duties and responsibilities to other people, except to the
Adjudicator, after notifying the Contractor, and may cancel any delegation after notifying the
Contractor.

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6) Communications

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

7) Subcontracting

7.1) The Contractor may subcontract with the approval of the Engineer, but may not assign the
Contract without the approval of the Employer in writing. Subcontracting shall not alter the
Contractor’s obligations.

8) Other Contractors

8.1) The Contractor shall cooperate and share the Site with other contractors, public authorities,
utilities, and the Employer between the dates given in the Schedule of Other Contractors, as referred to
in the Special Conditions of Contract. The Contractor shall also provide facilities and services for
them as described in the Schedule. The Employer may modify the Schedule of Other Contractors, and
shall notify the Contractor of any such modification.

9) Personnel

9.1) The Contractor shall employ the key personnel named in the Schedule of Key Personnel, as
referred to in the Special Conditions of Contract, to carry out the functions stated in the Schedule or
other personnel approved by the Engineer. The Engineer will approve any proposed replacement of
key personnel only if their relevant qualifications and abilities are substantially equal to or better than
those of the personnel listed in the Schedule.

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

10) Employer’s and Contractor’s Risks

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

11) Employer’s Risks

11.1) Unless otherwise specified in the SCC, from the Start Date until the Defects Correction
Certificate has been issued, the following are Employer’s risks:

a) The risk of personal injury, death, or loss of or damage to property (excluding the Works, Plant,
Materials, and Equipment), which are due to:
i. Use or occupation of the Site by the Works or for the purpose of the Works, which is the
unavoidable result of the Works, or
ii. Negligence, breach of statutory duty, or interference with any legal right by the
Employer or by any person employed by or contracted to him except the Contractor.
b) The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is due to a
fault of the Employer or in the Employer’s design, or due to war or radioactive contamination
directly affecting the country where the Works are to be executed.

11.2) From the Completion Date until the Defects Correction Certificate has been issued, the risk of

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loss of or damage to the Works, Plant, and Materials is a Employer’s risk except loss or damage due to

a) A Defect which existed on the Completion Date,

b) An event occurring before the Completion Date, which was not itself a Employer’s risk, or
c) The activities of the Contractor on the Site after the Completion Date.

12) Contractor’s Risks

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

13) Insurance

13.1) 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 Special Conditions of Contract 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.

13.2) Policies and certificates for insurance shall be delivered by the Contractor to the Engineer for the
Engineer’s approval before the Start Date. All such insurance shall provide for compensation to be
payable in the types and proportions of currencies required to rectify the loss or damage incurred.

13.3) If the Contractor does not provide any of the policies and certificates required, the Employer
may affect 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.

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

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

14) Site Investigation Reports

14.1) The Contractor, in preparing the Bid, shall rely on any Site Investigation Reports referred to in
the Special Conditions of Contract, supplemented by any information available to the Bidder.

15) Queries about the Special Conditions of Contract

15.1) The Engineer will clarify queries on the Special Conditions of Contract.

16) Contractor to Construct the Works

16.1) The Contractor shall construct and install the Works in accordance with the Specifications and

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Drawings.

17) The Works to Be Completed by the Intended Completion Date

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

18) Approval by the Engineer

18.1) The Contractor shall submit Specifications and Drawings showing the proposed Temporary
Works to the Engineer, who is to approve them if they comply with the Specifications and Drawings.

18.2) The Contractor shall be responsible for design of Temporary Works.

18.3) The Engineer’s approval shall not alter the Contractor’s responsibility for design of the
Temporary Works.

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

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

19) Safety

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

20) Discoveries

20.1) Anything of historical or other interest or of significant value unexpectedly discovered on the
Site shall be the property of the Employer. The Contractor shall notify the Engineer of such
discoveries and carry out the Engineer’s instructions for dealing with them.

21) Possession of the Site

21.1) The Employer shall give possession of the Site to the Contractor, as defined in the Contractor’s
approved work program. If possession of a part is not given by the date stated in the approved work
program, the Employer will be deemed to have delayed the start of the relevant activities, and this will
be a Compensation Event.

22) Access to the Site

22.1) The Contractor shall allow the Engineer and any person authorized by the 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.

23) Instructions

23.1) The Contractor shall carry out all instructions of the Engineer, which comply with the applicable
laws where the Site is located.

24) Disputes

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

25) Procedure for Disputes

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

25.2) The Adjudicator shall be paid by the hour at the rate specified in the Bid Data Sheet and Special
Conditions of Contract, together with reimbursable expenses of the types specified in the Special
Conditions of Contract, and the cost shall be divided equally between the Employer and the
Contractor, whatever decision is reached by the Adjudicator. Either party may refer a decision of the
Adjudicator to an Arbitrator within 28 days of the Adjudicator’s written decision. If neither party
refers the dispute to arbitration within the above 28 days, the Adjudicator’s decision will be final and
binding.

25.3) The arbitration shall be conducted in accordance with the arbitration procedure published by the
institution named and, in the place, shown in the Special Conditions of Contract.

26) Replacement of Adjudicator

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

B) Time Control
27) Program

27.1) Within the time stated in the Special Conditions of Contract, the Contractor shall submit to the
Engineer for approval a Program showing the general methods, arrangements, order, and timing for all
the activities in the Works.

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

27.3) The Contractor shall submit to the Engineer for approval an updated Program at intervals no
longer than the period stated in the Special Conditions of Contract. If the Contractor does not submit
an updated Program within this period, the Engineer may withhold the amount stated in the Special
Conditions of Contract from the next payment certificate and continue to withhold this amount until
the next payment after the date on which the overdue Program has been submitted.

27.4) The Engineer’s approval of the Program shall not alter the Contractor’s obligations. The
Contractor may revise the Program and submit it to the Engineer again at any time. A revised Program
shall show the effect of Variations and Compensation Events.

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28) Extension of the Intended Completion Date

28.1) The Engineer shall extend the Intended Completion Date if a Compensation Event occurs or a
Variation is issued which makes it impossible for Completion to be achieved by the Intended
Completion Date without the Contractor taking steps to accelerate the remaining work, which would
cause the Contractor to incur additional cost.

28.2) The Engineer shall decide whether and by how much to extend the Intended Completion Date
within 21 days of the Contractor asking the Engineer for a decision upon the effect of a Compensation
Event or Variation and submitting full supporting information. If the Contractor has failed to give
early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure
shall not be considered in assessing the new Intended Completion Date.

29) Acceleration

29.1) When the Employer wants the Contractor to finish before the Intended Completion Date, the
Engineer will obtain priced proposals for achieving the necessary acceleration from the Contractor. If
the Employer accepts these proposals, the Intended Completion Date will be adjusted accordingly and
confirmed by both the Employer and the Contractor.

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

30) Delays Ordered by the Engineer

30.1) The Engineer may instruct the Contractor to delay the start or progress of any activity within the
Works.

31) Management Meetings

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

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

32) Early Warning

32.1) The Contractor shall warn the Engineer at the earliest opportunity of specific likely future events
or circumstances that may adversely affect the quality of the work increase the Contract Price or delay
the execution of the Works. The Engineer may require the Contractor to provide an estimate of the
expected effect of the future event or circumstance on the Contract Price and Completion Date. The
estimate shall be provided by the Contractor as soon as reasonably possible.

32.2) The Contractor shall cooperate with the Engineer in making and considering proposals for how
the effect of such an event or circumstance can be avoided or reduced by anyone involved in the work

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and in carrying out any resulting instruction of the Engineer.

C) Quality Control
33) Identifying Defects

33.1) The Engineer shall check the Contractor’s work and notify the Contractor of any Defects that are
found. Such checking shall not affect the Contractor’s responsibilities. The Engineer may instruct the
Contractor to search for a Defect and to uncover and test any work that the Engineer considers may
have a Defect.

34) Tests

34.1) If the Engineer instructs the Contractor to carry out a test not specified in the Specification to
check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the
test and any samples. If there is no Defect, the test shall be a Compensation Event.

35) Correction of Defects

35.1) The Engineer shall give notice to the Contractor of any Defects before the end of the Defects
Liability Period, which begins at Completion, and is defined in the Special Conditions of Contract.
The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

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

36) Uncorrected Defects

36.1) 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.

D) Cost Control
37) Bill of Quantities or Activity Schedule

37.1) This Contract is:

a) An Admeasurement Contract with a Bill of Quantities, subject to Option 1; or

b) A Lump Sum Contract with an Activity Schedule, subject to Option 2, as indicated in the
Special Conditions of Contract.

Option 1: Bill of Quantities for Admeasurement Contract

37.2) The Bill of Quantities shall contain items for the construction, installation, testing, and
commissioning work to be done by the Contractor.

37.3) The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the
quantity of the work done at the rate in the Bill of Quantities for each item.

Option 2: Activity Schedule for Lump Sum Contract

37.4) The Contractor shall provide updated Activity Schedules within 14 days of being instructed to

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by the Engineer. The activities on the Activity Schedule shall be coordinated with the activities on the
Program.

37.5) The Contractor shall show delivery of Materials to the Site separately on the Activity Schedule
if payment for Materials on Site shall be made separately.

38) Change in the Bill of Quantities or Activity Schedule

Option 1: Changes in the Bill of Quantities for Admeasurement Contracts

38.1) If the final quantity of the work done differs from the quantity in the Bill of Quantities for the
particular item by more than 25 percent, provided the change exceeds 5 percent of the Initial Contract
Price, the Engineer shall adjust the rate to allow for the change.

38.2) The Engineer shall not adjust rates from changes in quantities if thereby the Initial Contract
Price is exceeded by more than 15 percent, except with the prior approval of the Employer.

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

Option 2: Changes in the Activity Schedule for Lump Sum Contracts

38.4) The Activity Schedule 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 Activity Schedule shall
not be altered when the Contractor makes such changes to the Activity Schedule.

39) Variations

39.1) All Variations shall be included in updated Programs (or in the case of Lump Sum Contracts in
updated Programs and Activity Schedules) produced by the Contractor.

40) Payment for Variations

40.1) For both Admeasurement and Lump Sum Contracts, the Contractor shall provide the Engineer
with a quotation for carrying out the Variation when requested to do so by the Engineer. The Engineer
shall assess the quotation, which shall be given within seven days of the request or within any longer
period stated by the Engineer and before the Variation is ordered.

40.2) For Admeasurement Contracts only, if the work in the Variation corresponds with an item
description in the Bill of Quantities and if, in the opinion of the Engineer, the quantity of work above
the limit stated in Sub-Clause 38.1 or the timing of its execution do not cause the cost per unit of
quantity to change, the rate in the Bill of Quantities shall be used to calculate the value of the
Variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the
Variation does not correspond with items in the Bill of Quantities, the quotation by the Contractor
shall be in the form of new rates for the relevant items of work.

40.3) For both Admeasurement and Lump Sum Contracts, if the Contractor’s quotation is
unreasonable, the Engineer may order the Variation and make a change to the Contract Price, which
shall be based on the Engineer’s own forecast of the effects of the Variation on the Contractor’s costs.

40.4) For both Admeasurement and Lump Sum Contracts, if the Engineer decides that the urgency of
varying the work would prevent a quotation being given and considered without delaying the work, no

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quotation shall be given and the Variation shall be treated as a Compensation Event.

40.5) For both Admeasurement and Lump Sum Contracts, the Contractor shall not be entitled to
additional payment for costs that could have been avoided by giving early warning.

41) Cash Flow Forecasts

41.1) When the Program (or in the case of Lump Sum Contracts the Program or Activity Schedule) is
updated, the Contractor shall provide the Engineer with an updated cash flow forecast. The cash flow
forecast shall include different currencies, as defined in the Contract, converted as necessary using the
Contract exchange rates.

42) Payment Certificates

42.1) The Contractor shall submit to the Engineer monthly statements of the estimated value of the
work executed less the cumulative amount certified previously.

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

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

42.4) The value of work executed shall comprise the value of:

a) The quantities of the items in the Bill of Quantities completed in the case of Admeasurement
Contracts; or
b) Completed activities in the Activity Schedule in the case of Lump Sum Contracts.

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

42.6) The Engineer may exclude any item certified in a previous certificate or reduce the proportion of
any item previously certified in any certificate in the light of later information.

43) Payments

43.1) Payments shall be adjusted for deductions for advance payments and retention. The Employer
shall pay the Contractor the amounts certified by the Engineer within 30 days of the date of each
certificate. If the Employer makes a late payment, the Contractor shall be paid interest on the late
payment in the next payment. Interest shall be calculated from the date by which the payment should
have been made up to the date when the late payment is made at the prevailing rate of interest for
commercial borrowing for each of the currencies in which payments are made.

43.2) If an amount certified is increased in a later certificate or as a result of an award by the

Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed payment as set out
in this clause. Interest shall be calculated from the date upon which the increased amount would have
been certified in the absence of dispute.

43.3) all payments and deductions will be paid or charged in Ethiopia birr.

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

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44) Compensation Events

44.1) The following shall be Compensation Events:

a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the
Contractor’s approved work program.
b) The Employer modifies the Schedule of Other Contractors in a way that affects the work of the
Contractor under the Contract.
c) The Engineer orders a delay or does not issue Drawings, Specifications, or instructions required
for execution of the Works on time.
d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work,
which is then found to have no Defects.
e) The Engineer unreasonably does not approve a subcontract to be let.
f) Ground conditions are substantially more adverse than could reasonably have been assumed
before issuance of the Letter of Acceptance from the information issued to bidders (including the
Site Investigation Reports referred to in GCC 14.1), from information available publicly and from
a visual inspection of the Site.
g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the
Employer, or additional work required for safety or other reasons.
h) Other contractors, public authorities, utilities, or the Employer does not work within the dates and
other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
i) The advance payment is delayed.
j) The effects on the Contractor of any of the Employer’s Risks.
k) The Engineer unreasonably delays issuing a Certificate of Completion.
l) Other Compensation Events described in the Special Conditions of Contract or determined by the
Engineer shall apply.

44.2) If a Compensation Event would cause additional cost or would prevent the work being
completed before the Intended Completion Date, the Contract Price shall be increased and/or the
Intended Completion Date shall be extended. The Engineer shall decide whether and by how much the
Contract Price shall be increased and whether and by how much the Intended Completion Date shall
be extended.

44.3) As soon as information demonstrating the effect of each Compensation Event upon the
Contractor’s forecast cost has been provided by the Contractor, it shall be assessed by the Engineer,
and the Contract Price shall be adjusted accordingly. If the Contractor’s forecast is deemed
unreasonable, the Engineer shall adjust the Contract Price based on the Engineer’s own forecast. The
Engineer will assume that the Contractor will react competently and promptly to the event.

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

45) Tax

45.1) Unless otherwise specified in the SCC, the Engineer shall not adjust the Contract Price if taxes,
duties, and other levies are changed that subsequently affect the Contract Price.

46) Currencies

46.1) Where payments are made in currencies other than Ethiopian Birr, the exchange rates used for

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calculating the amounts to be paid shall be the exchange rates stated in the Contractor’s Bid.

47) Price Adjustment

47.1) Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the Special
Conditions of Contract. If so provided, the amounts certified in each payment certificate, after
deducting for Advance Payment, shall be adjusted by applying the respective price adjustment factor
to the payment amounts due in each currency. A separate formula of the type indicated below applies
to each Contract currency:

Ln Mn En
pn  A  b c d  etc.
Lo Mo Eo

Where:

Pn is a price adjustment factor to be applied to the amount in each specific currency for each payment
certificate;

A is a constant, specified in the Contractor’s Bid, representing the nonadjustable portion in contractual
payments;

b, c, d, etc., are weightings or coefficients representing the estimated proportion of each cost element
(labor, materials, equipment usage, etc.) in the Works or sections thereof, net of Provisional Sums, as
specified in the Contractor’s Bid; the sum of A, b, c, d, etc., shall be one;

Ln, Mn, En, etc., are the current cost indices or reference prices of the cost elements in the specific
currency of origin at the date 28 days prior to the deadline for bid submission; and

Lo, Mo, Eo, etc., are the base cost indices or reference prices corresponding to the above cost
elements at the date 28 days prior to the last day of the period to which a particular Interim Payment
Certificate is related.

If a price adjustment factor is applied to payments made in a currency other than the currency of the
source of the index for a particular indexed input, a correction factor Zo/Zn will be applied to the
respective component factor of pn for the formula of the relevant currency. Zo is the number of units
of currency of the country of the index, equivalent to one unit of the currency of payment on the date
of the base index, and Zn is the corresponding number of such currency units on the date of the
current index.

47.2) The sources of indices shall be those listed in the Contractor’s Bid, as approved by the Engineer.
Indices shall be appropriate for their purpose and shall relate to the Contractor’s proposed source of
supply of inputs on the basis of which his Contract Price and expected foreign currency requirements
shall have been computed. As the proposed basis for price adjustment, the Contractor shall have
submitted with his bid the tabulation of Weightings and Source of Indices, which shall be subject to
approval by the Engineer.

47.3) If the value of the index is changed after it has been used in a calculation, the calculation shall be
corrected and an adjustment made in the next payment certificate. The index value shall be deemed to
take account of all changes in cost due to fluctuations in costs.

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48) Retention

48.1) The Employer shall retain from each payment due to the Contractor the proportion stated in the
Special Conditions of Contract until Completion of the whole of the Works.

48.2) On completion of the whole of the Works, half the total amount retained shall be repaid to the
Contractor and half 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.

48.3) On completion of the whole Works, the Contractor may substitute retention money with an “on
demand” Bank guarantee.

49) Liquidated Damages

49.1) The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the
Special Conditions of Contract for each day that the Completion Date is later than the Intended
Completion Date. The total amount of liquidated damages shall not exceed the amount defined in the
Special Conditions of Contract. The Employer may deduct liquidated damages from payments due to
the Contractor. Payment of liquidated damages shall not affect the Contractor’s liabilities.

49.2) If the Intended Completion Date is extended after liquidated damages have been paid, the
Engineer shall correct any overpayment of liquidated damages by the Contractor by adjusting the next
payment certificate. The Contractor shall be paid interest on the overpayment, calculated from the date
of payment to the date of repayment, at the rates specified in Sub-Clause 43.1.

50) Bonus

50.1) The Contractor shall be paid a Bonus calculated at the rate per calendar day stated in the Special
Conditions of Contract for each day (less any days for which the Contractor is paid for acceleration)
that the Completion is earlier than the Intended Completion Date. The Engineer shall certify that the
Works are complete, although they may not be due to be complete.

51) Advance Payment

51.1) The Employer shall make advance payment to the Contractor of the amounts stated in the
Special Conditions of Contract by the date stated in the Special Conditions of Contract, against
provision by the Contractor of an Unconditional Bank Guarantee in a form and by a bank acceptable
to the Employer in amounts and currencies equal to the advance payment. The Guarantee shall remain
effective until the advance payment has been repaid, but the amount of the Guarantee shall be
progressively reduced by the amounts repaid by the Contractor. Interest will not be charged on the
advance payment.

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

51.3) The advance payment shall be repaid by deducting proportionate amounts from payments
otherwise due to the Contractor, following the schedule of completed percentages of the Works on a
payment basis. No account shall be taken of the advance payment or its repayment in assessing

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valuations of work done, Variations, price adjustments, Compensation Events, Bonuses, or Liquidated
Damages.

52) Securities

52.1) The Contract Security shall be provided to the Employer no later than 15 days after receipt of
the Letter of Acceptance and shall be issued in the form of a Bank Guarantee, or for Ethiopian
Contractors only in the form of a Performance Bond. The Contract Security shall be issued in the
format specified in the contract and in an amount specified in the Special Conditions of Contract and
by a bank or surety acceptable to the Employer, and denominated in the types and proportions of the
currencies in which the Contract Price is payable. The Contract Security shall be valid until a date 28
days from the date of issue of the Certificate of Completion in the case of a Bank Guarantee and until
one year from the date of issue of the Certificate of Completion in the case of a Performance Bond.

53) Day works

53.1) If applicable, the Day works rates in the Contractor’s Bid shall be used for small additional
amounts of work only when the Engineer has given written instructions in advance for additional work
to be paid for in that way.

53.2) All work to be paid for as Day works shall be recorded by the Contractor on forms approved by
the Engineer. Each completed form shall be verified and signed by the Engineer within two days of
the work being done.

53.3) The Contractor shall be paid for Day works subject to obtaining signed Day works forms.

54) Cost of Repairs

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

E) Finishing the Contract

55) Completion

55.1) 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.

56) Taking Over

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

57) Final Account

57.1) The Contractor shall supply the Engineer with a detailed account of the total amount that the
Contractor considers payable under the Contract before the end of the Defects Liability Period. The
Engineer shall issue a Defects Liability Certificate and certify any final payment that is due to the
Contractor within 60 days of receiving the Contractor’s account if it is correct and complete. If it is
not, the Engineer shall issue within 60 days a schedule that states the scope of the corrections or
additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted,

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the Engineer shall decide on the amount payable to the Contractor and issue a payment certificate.

58) Operating and Maintenance Manuals

58.1) If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor
shall supply them by the dates stated in the Special Conditions of Contract.

58.2) If the Contractor does not supply the Drawings and/or manuals by the dates stated in the Special
Conditions of Contract, or they do not receive the Engineer’s approval, the Engineer shall withhold
the amount stated in the Special Conditions of Contract from payments due to the Contractor.

59) Termination

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

59.2) Fundamental breaches of Contract shall include, but shall not be limited to, the following:

a) The Contractor stops work for 28 days when no stoppage of work is shown on the current
Program and the stoppage has not been authorized by the Engineer;

b) The Engineer instructs the Contractor to delay the progress of the Works, and the instruction is
not withdrawn within 28 days;
c) The Employer or the Contractor is made bankrupt or goes into liquidation other than for a
reconstruction or amalgamation;
d) A payment certified by the Engineer is not paid by the Employer to the Contractor within 90 days
of the date of the Engineer’s certificate;

e) 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;
f) The Contractor does not maintain a Security, which is required;
g) The Contractor has delayed the completion of the Works by the number of days for which the
maximum number of liquidated damages can be paid, as defined in the Special Conditions of
Contract; and
h) If the Contractor, in the judgment of the Employer has engaged in corrupt, fraudulent, collusive
or coercive practices in competing for or in executing the Contract.

For the purpose of this paragraph:

"Corrupt practice" means the offering, giving, receiving or soliciting, directly or indirectly, of anything of
value to influence the action of a public official in the procurement process or in contract execution.

"fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the
execution of a contract;

“collusive practices” means a scheme or arrangement between two or more Bidders, with or without the
knowledge of the Employer, designed to establish prices at artificial, noncompetitive levels; and

“coercive practices” means harming or threatening to harm, directly or indirectly, persons or their

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property to influence their participation in a procurement process, or affect the execution of a contract.

59.3) When either party to the Contract gives notice of a breach of Contract to the Engineer for a
cause other than those listed under Sub-Clause 59.2 above, the Engineer shall decide whether the
breach is fundamental or not.

59.4) Notwithstanding the above, the Employer may terminate the Contract for convenience.

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

60) Payment upon Termination

60.1) If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the
Engineer shall issue a certificate for the value of the work done and Materials ordered less advance
payments received up to the date of the issue of the certificate and less the percentage to apply to the
value of the work not completed, as indicated in the Special Conditions of Contract. 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.

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

61) Property

61.1) 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.

62) Release from Performance

62.1) If the Contract is frustrated by the outbreak of war or by any other event entirely outside the
control of the Employer or the Contractor, the 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 and shall be paid for all work carried out before receiving it and for any work carried
out afterwards to which a commitment was made.

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SECTION 8. SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement the General Conditions of
Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the
GCC.

GCC Clause Special Conditions

Reference

GCC 1.1 The Employer is GROUP-8

The Engineer is to be decided.

The name and procurement reference number of the Contract is _PPA 2011
_____________________________________________________.

The Works consist of the construction of G+2 residential building for GROUP-8.

The Site is located at LIDETA.

The Start Date shall be within 14 days after the signing of the contract.

The Intended Completion Date for the whole of the Works shall be 300 day after
the signing of contract.

GCC 3.1 The language of the Contract is English and the law governing the Contract is that
of the Federal Democratic Republic of Ethiopia.

GCC 4.1 The Employer’s specific approval is required for: contractual matters between the
Employer and the Contractor.

GCC 8.1 The Schedule of Other Contractors is not part of the Contract.

GCC 9.1 The Schedule of Key Personnel part of the Contract

GCC 11.1 The Employer’s risks are as specified in the GCC.

GCC 14.1 Site Investigation Report(s) are part of the contract. Bidder has to quote as per Site
Investigation Report available, his own experience and data collected from site by
him and nothing extra shall be paid to him for any deviation found during detail
investigation writing ground conditions and soil characteristics during
construction stage.

GCC 25.2 Fees and types of reimbursable expenses to be paid to the Adjudicator are: none.

GCC 25.3 The rules of arbitration under the Ethiopia law shall apply for the settlement of
disputes.

Arbitration shall take place at: Addis Ababa

GCC 27.1 The Contractor shall submit a revised Program for the Works within 7 calendar
days of delivery of the Notice of Acceptance/letter of award.

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GCC Clause Special Conditions

Reference

GCC 27.3 The period between Program updates is not applicable.

GCC 35.1 The Defects Liability Period is 365days or 1 year.

GCC 37.1 This Contract is an admeasurements Contract.

GCC 42.1 Payment for material on site will be included in the payment certificates based on
the following condition.

 If materials on site are for purpose of permanent work and are to be used
within a reasonable time.
 If the materials are delivered and stored properly on site.
 The materials are in accordance with the specification.

GCC 43.1 Add the following paragraph at the end of 43.1.

The interest rate for late payment shall be the Ethiopia Commercial Bank lending
rate.

GCC 45.1 The Engineer shall not adjust the Contract Price if taxes, duties and other levies
are changed that subsequently affect the Contract Price.

GCC 47.1 The Contract is not subject to price adjustment in accordance with Clause 47 of
the Conditions of Contract.

GCC 48.1 The proportion of payments retained is 5 (five) percent of the total value of
executed works excluding deductions if any.

GCC 49.1 The liquidated damages for the whole of the Works are 0.001 percent of the final
Contract Price per unjustified delay day.

The maximum number of liquidated damages for the whole of the Works is 10
percent of the final Contract Price.

GCC 50.1 Not applicable

GCC 51.1 The Advance Payment will be equivalent to 20 percent of the Contract Price and
will be paid in Ethiopia birr only.

It will be paid to the Contractor no later than 30 days after the signing of contract,
provided that bank guarantee and performance bond is furnished.

CC 51.3 The Advance Payment will be repaid by deducting proportionate amounts from
each payment certificate during the period starting on the first payment certificate.

GCC 52.1 The Contract Security shall be for 10 percent of the Contract Price. whenever the
engineer determines an addition to the contract price as a result of a change in cost

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GCC Clause Special Conditions

Reference

and/or as a result of variation amounting to more than 25 percent of contract price

payable in a specific currency, the contractor, at the contract security in that
currency by an equal percentage. The contract security of a joint venture shall be
in the name of the joint venture.

GCC 58.1 The date by which “as built” drawings are required is 30 calendar days before the
certification of completion of the project. The same applies if the contract is
terminated.

GCC 58.2 The amount to be withheld for failing to produce “as built” drawings and/or
operating and maintenance manuals by the date required is 50,000 Ethiopian Birr.

GCC 60.1 The percentage to apply to the value of the work not completed, representing the
Employer’s additional cost for completing the Works, is as indicated on the GCC.

Additional
clauses
63) care of the The contractor shall execute the works in an environmentally friendly manner and
environment shall avoid all unnecessary damage to property and flora. All waste material shall
be disposed of in a proper manner as instructed by the Engineer, the employer and
public authorities regulating such matters.

64) confidentiality The contractor shall treat the contract and everything in connection with it as
confidential. In particular the contractor shall not publish or issue any information
or photograph concerning the works and shall not use the site for any commercial
purpose except with the consent in writing of the engineer and the employer and
subject to any conditions he may impose.

65) stamp duty The contractor is responsible for the payment of the stamp duty relating to this
contract.

66) temporary All costs, both for arrangement and temporary installations at site towards power
power and water and water supply required for construction work and labour shall be borne by the
supply contractor.

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Section 9. Contract Forms

Agreement
Procurement Reference No:
THIS AGREEMENT made the ________ day of ________________________, _____, between
Group-8 (hereinafter “the Employer”), of the one part, and
__________________________________ of ______________________________ (hereinafter
“the Contractor”), of the other part:

Whereas the Employer is desirous that the Contractor execute Construction of G+2 residential
building (hereinafter called “the Works”) and the Employer has accepted the Bid by the
Contractor for the execution and completion of such Works and the remedying of any defects
therein for the Contract Price of the equivalent of Ethiopian Birr _______________
(____________________).
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 Contract referred to.
2. 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 remedy any defects therein in conformity in all respects with the provisions of the
Contract.
3. 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.
4 The Contract Price or such other sum as may be payable shall be paid in Ethiopian Birr.
IN WITNESS whereof the parties thereto have caused this Agreement to be executed in
accordance with the law specified in the Special Conditions of Contract on the day, month and
year indicated above.

Signed by ___________________________ (for the Employer)

Name: ______________________________ Position: __________________________
Signed by ___________________________ (for the Contractor)
Name: ______________________________ Position: ___________________________
Witnesses

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1. -------------------

Note for Bidders: The Contract Security should be on the letterhead of the issuing Financial
Institution and should be signed by a person with the proper authority to sign documents that are
binding on the Financial Institution.

Contract Security
(Bank Guarantee)

Contract Security (Unconditional Bank Guarantee)

Date: [insert date]

Procurement Reference No.: [insert procurement reference number]

To: [name and address of Employer]

WHEREAS [name and address of Contractor] (hereinafter called “the Contractor”) has
undertaken, in pursuance of Contract No. [number] dated [date] to execute [name of Contract
and brief description of Works] (hereinafter called “the Contract”);
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security
for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE WE hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of [amount of Guarantee] [amount in words], such sum
being payable in the types and proportions of currencies in which the Contract Price is payable,
and we undertake to pay you, upon your first written demand and without cavil or argument, any
sum or sums within the limits of [amount of Guarantee] as aforesaid without your needing to
prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed thereunder or of any of the Contract documents which may be
made between you 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 shall be valid until a date 28 days from the date of issue of the Certificate of
Completion.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458,
except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

Signature and seal of the Guarantor

Name of Financial Institution

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Address
Date
Note for Bidders: The Performance Bond should be on the letterhead of the issuing Institution and
should be signed by a person with the proper authority to sign documents that are binding on the
Institution.

Performance Bond

By this Bond, [name and address of Contractor] as Principal (hereinafter called “the Contractor”)
and [name, legal title, and address of surety, bonding company, or insurance company] as Surety
(hereinafter called “the Surety”), are held and firmly bound unto [name and address of Employer]
as Oblige (hereinafter called “the Employer”) in the amount of [amount of Bond] [amount of Bond
in words], for the payment of which sum well and truly to be made in the types and proportions of
currencies in which the Contract Price is payable, the Contractor and the Surety bind themselves, their
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents.
Whereas the Contractor has entered into a Contract with the Employer dated the [day] day of
[month], [year] for [name of Contract] in accordance with the documents, plans, specifications, and
amendments thereto, which to the extent herein provided for, are by reference made part hereof and
are hereinafter referred to as the Contract.
Now, therefore, the Condition of this Obligation is such that, if the Contractor shall promptly and
faithfully perform the said Contract (including any amendments thereto), then this obligation shall be
null and void; otherwise, it shall remain in full force and effect. Whenever the Contractor shall be,
and declared by the Employer to be, in default under the Contract, the Employer having performed the
Employer’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly:
(1) Complete the Contract in accordance with its terms and conditions; or
(2) Obtain a Bid or bids from qualified bidders for submission to the Employer for
completing the Contract in accordance with its terms and conditions, and upon
determination by the Employer and the Surety of the lowest responsive Bidder, arrange
for a Contract between such Bidder and Employer and make available as work progresses
(even though there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the Contract Price; but not exceeding, including other costs
and damages for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term “Balance of the Contract Price,” as used in this
paragraph, shall mean the total amount payable by the Employer to the Contractor under
the Contract, less the amount properly paid by the Employer to the Contractor; or
(3) Pay the Employer the amount required by the Employer to complete the Contract in
accordance with its terms and conditions up to a total not exceeding the amount of this
Bond.
The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

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Any suit under this Bond must be instituted before the expiration of one year from the date of
issuance of the Certificate of Completion.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than
the Employer named herein or the heirs, executors, administrators, successors, and assigns of the
Employer.
In testimony whereof, the Contractor has hereunto set its hand and affixed its seal, and the Surety has
caused these presents to be sealed with its corporate seal duly attested by the signature of its legal
representative, this [day] day of [month], [year].
Signed by

on behalf of [name of Contractor] in the capacity of

In the presence of

Date

Signed by

on behalf of [name of Contractor] in the capacity of

In the presence of

Date

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Note for Bidders: The Advance Payment Security should be on the letterhead of the issuing Financial
Institution and should be signed by a person with the proper authority to sign documents that are
binding on the Financial Institution.

Advance Payment Security

Bank Guarantee for Advance Payment

To: [name and address of Employer]

[Name of Contract]

Gentlemen:

In accordance with the provisions of the Conditions of Contract, Clause 51 (“Advance Payment”) of
the above-mentioned Contract [name and address of Contractor] (hereinafter called “the
Contractor”) shall deposit with [name of Employer] a Bank Guarantee to guarantee his proper and
faithful performance under the said Clause of the Contract in an amount of [amount of Guarantee]
[amount in words].

We, the [Bank or Financial Institution], as instructed by the Contractor, agree unconditionally and
irrevocably to guarantee as primary obligator and not as Surety merely, the payment to [name of
Employer] on his first demand without whatsoever right of objection on our part and without his first
claim to the Contractor, in the amount not exceeding [amount of Guarantee] [amount in words].

We further agree that no change or addition to or other modification of the terms of the Contract or of
Works to be performed thereunder or of any of the Contract documents which may be made between
[name of 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 shall remain valid and in full effect from the date of the advance payment under the
Contract until [name of Employer] receives full repayment of the same amount from the Contractor.

This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.

Yours truly,

Signature and seal:

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 CONSTRUCTION OF G+2 RESIDENCIAL BUILDING

Name of Bank/Financial Institution:

Address:

Date:

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 CONSTRUCTION OF G+2 RESIDENCIAL BUILDING

REFERENCES:

1. PUBLIC PROCUREMENT AGENCY (PPA)

2. MINISTRY OF URBAN DEVELOPMENT (MOUD)
3. BATCODA

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