Amercian Bidding Documents

8/11/2019 Amercian Bidding Documents

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Standard BiddingDocuments: Design-Build


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Introduction i

Introduction

[This section is only for information of the MCA Entity/Employer, and should be removed

when finalizin !iddin "ocuments prior to their release#$

These Standard Bidding Documents for the Procurement of Design-Build (Standard BiddingDocuments) have been prepared b the !illennium "hallenge "orporation (!"") for use bthe !illennium "hallenge #ccount $ntities (!"# $ntities) receiving funding from !"" forpro%ects involving &or's &hich are to be largel designed b the contractor &ho &ill thenconstruct the &or's in accordance &ith the approved designs These Standard BiddingDocuments are consistent &ith the !"" Program Procurement uidelines*

These Standard Bidding Documents are to be used to prepare bidding documents for theprocurement of fi+ed rate contracts through "ompetitive Bidding ("B)

These Standard Bidding Documents have been prepared based on the assumption that pre-,ualification has ta'en place before bidding The process of pre-,ualification shall follo& theprocedure indicated in the Standard Bidding Documents: Pre-Qualification Document:Procurement of Works issued b !"" (insert &ebsite address) In cases &here no pre-,ualification has ta'en place (pre-,ualification is not a mandator re,uirement of !"") thisdocument can be used &ith some modifications #n alternative form of Invitation for Bids isprovided and suggested modifications to the Instructions to Bidders are included at the end ofthis introduction In an event post ,ualification is recommended in all cases to reconfirm andverif the information provided b the bidders

Bidding documents prepared in accordance &ith these Standard Bidding Documents (Bidding

Documents) &ill consist of the follo&ing sections The Invitation for Bids (I.B) included inthese Standard Bidding Documents is not a part of the Bidding Documents submitted to potentialbidders and is included in these Standard Bidding Documents for information purposes onlThe I.B provides information that enables potential bidders to decide &hether to participate

%ection I Instructions to !idders &'IT!()This section provides information to help potential bidders prepare their bidsInformation is also provided on the submission opening and evaluation of bidsand on the a&ard of contracts

%ection II !id "ata %heet &'!"%()

This section consists of provisions that are specific to each procurement and thatsupplement the information or re,uirements included in Section I Instructions toBidders

1 The MCC Program Procurement Guidelines can be found at: http://www.mcc.gov/documents/mcc-guidelines-programprocurement.pdf.


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Introduction ii

%ection III Evaluation and *ualification Criteria

This section contains the criteria to determine the lo&est evaluated responsive bidand to ascertain the continued ,ualification of the bidder to perform the contract

%ection I+ !iddin orms

This section contains the forms &hich are to be completed b the bidder andsubmitted as part of its bid

%ection + -eneral Conditions of Contract &'-CC()

This section contains the form of contract to be used b !"# $ntities for theprocurement of design-build The eneral "onditions of "ontract that shall beused &ith these Standard Bidding Documents are the "onditions of "ontract forPlant and Design-Build .irst $dition */// prepared and coprighted b theInternational .ederation of "onsulting $ngineers (Fdration Internationale desIngnieurs-Conseils or .IDI") and licensed to !"" The te+t of the clauses inthis section shall not be modified

%ection +I Conditions of .articular Application &'C.A()This section contains special conditions of contract that have been developed b!"" to supplement the "" and that shall be used b !"# $ntities in theprocurement of design-build The te+t of the clauses in this section shall not bemodified e+cept in limited circumstances and onl &here noted in theintroduction to Section 0I #dditional pro%ect-specific "1P#s ma be developedb the !"# $ntit to the e+tent necessar

%ection +II orms of Areement, .erformance %ecurity, and Advance .ayment

-uarantee

This Section contains forms &hich once completed &ill form part of the contractand &hich shall onl be completed b the successful bidder after contract a&ard

In addition the !"# $ntit shall prepare additional volumes of information tomore full describe the &or's #t a minimum the !"# $ntit shall prepare thefollo&ing2

%ection +III %chedule of .rices

This section &hich ma include one or more Bills of 3uantities shall contain anitemi4ed description and listing of the ,uantities of &or's to be performed orlisting of the milestones to be completed The ,uantities given in the Bill of3uantities are estimated and provisional based on the $mploer5s 6e,uirementsand the Dra&ings (set out in Sections I7 and 7) and are given to enable biddersto prepare priced bids 8hen the contract has been entered into the priced

Schedule of Prices &ill be used in the periodic valuation of &or's e+ecuted

%ection I0 Employer1s 2e3uirements

This section shall set out a description of the scope of the &or's to be designedand constructed and shall present a clear statement of the re,uired standards formaterials plant supplies and &or'manship to be provided The $mploer6e,uirements shall also present the environmental health and safet re,uirementsto be satisfied b the contractor in designing and e+ecuting the &or's The


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Introduction iii

$mploer 6e,uirements should reference applicable standards and codes 8hereapplicable the $mploer5s 6e,uirements should specif the performance-basedindicators to be achieved b the completed 8or's

%ection 0 "rawins

This section shall contain dra&ings noting appro+imate completion level toallo& bidders to understand the tpe and comple+it of the &or' involved and toprice their bids

Amendments to the Instructions to !idders &w/o pre43ualification)

The follo&ing Sub-"lauses of the Instructions to Bidders shall be amended for use inprocurement &ithout pre-,ualification

5# Eliible !idders 9: !odif ITB 9: to substitute the &ord pre-,ualified &iththe &ord registered

67# "ocuments

Establishin the

*ualifications of

the !idder

*;* 6eplace ITB *;* &ith the follo&ing2

Bidders shall be ,ualified based on the ,ualification criteriadescribed in Section III $valuation and 3ualification"riteria Bidders shall submit evidence of their,ualifications in sufficient detail to demonstrate the Bidders5

capacit to underta'e the 8or's described herein inaccordance &ith the re,uirements of Section III $valuationand 3ualification "riteria and Section I0 Bidding .orms

89# *ualification of

the !idder


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.art I


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I:+ITATI: 2 !I"%

I!/[.rocurement Method$/[I! number$

[MCA Entity$

n !ehalf of;

The -overnment of [Country$

[Millennium Challene Account Entity$

.roram

unded byT" .2?ECT$

[D#T$$


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Invitation for Bids i

INVITATIONFORBIDS


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Invitation for Bids i

Invitation for !ids

[City, Country$

["ay, Month, @ear$

I!; MCA Entity/the Employer [.rocurement Method, :umber$

[.roBect :ame$

Dear !adam>Sir2

This Invitation for Bids (I.B) is issued to the entities and persons that have been pre-,ualifiedb the [full leal name of the MCA Entity$ & the $mploer() for the procurement identifiedabove

The !illennium "hallenge "orporation (!"") and the overnment of [Country$ (the

overnment or [-o$) have entered into a !illennium "hallenge "ompact for !illennium"hallenge #ccount assistance to help facilitate povert reduction through economic gro&th in[Country$(the "ompact) in the amount of appro+imatel [Amount$?SD (!"" .unding)The overnment acting through the $mploer intends to appl a portion of the proceeds of!"" .unding to eligible paments under a contract associated &ith this I.B #n pamentsmade under the proposed contract &ill be sub%ect in all respects to the terms and conditions ofthe "ompact and related documents including restrictions on the use of !"" funding andconditions to the disbursement of !"" funding @o part other than the overnment and the$mploer shall derive an rights from the "ompact or have an claim to the proceeds of !"".unding

The "ompact Program includes [provide the best available brief description of the eneraland specific oals and strateies of the Compact proram, the eneral areas of focus and

the specific proBects proposed, the eDpected duration, and other bacround information

that would be helpful to potential bidders$

The $mploer no& invites sealed bids (Bids) from eligible and pre-,ualified entities orpersons (Bidders) to provide the design-build referenced above (the 8or's) &hich is beingoffered as a fi+ed price contract

# Bidder &ill be selected under the competitive bidding procedures described in the biddingdocuments associated &ith this I.B (the Bidding Documents) Bidders are advised that these

procedures are governed b the !"" Program Procurement uidelinesA Bidders should notethat !"" procurement procedures and guidelines are similar to the 8orld Ban' procurementprocedures and guidelines but there are significant differences It is a Bidder5s responsibilit tofull understand !"" program procurement procedures and guidelinesPlease note that a pre-Bid meeting [will/will not$beheld

The MCC Program Procurement Guidelines can be found at: http://www.mcc.gov/documents/mcc-guidelines-programprocurement.pdf.


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Invitation for Bids ii

This I.B has been addressed to the follo&ing pre-,ualified Bidders2

[>ist$

It is not permissible to transfer this invitation to an other contractor

The Bidding Documents consist of the follo&ing2

Part I Bidding ProceduresSection I Instructions to Bidders (ITB)Section II Bid Data Sheet (BDS)Section III $valuation and 3ualification "riteriaSection I0 Bidding .ormsPart II Conditions of Contract

Section 0 eneral "onditions of "ontract ("")

Section 0I "onditions of Particular #pplication ("1P#)Section 0II .orms of #greement and SecuritPart III Works Reuirements

Section 0III Schedule of Pricesanuae of !id *G* The Bid as &ell as all correspondence and documentsrelating to the Bid e+changed b the Bidder and the$mploer shall be &ritten in $nglish and at the discretionof the $mploer in another language if so specified in the!"%# Supporting documents and printed literature that arepart of the Bid ma be in another language provided theare accompanied b an accurate translation of the relevant

passages in $nglish in &hich case for purposes ofinterpretation of the Bid the $nglish version shall govern


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Section I Instructions to Bidders

66# "ocuments

Comprisin the !id

*** The Bid shall comprise the follo&ing2

(a) etter of Bid and #ppendi+ to BidC

(b) completed forms and schedules as re,uired includingpriced Schedule of Prices; in accordance &ith ITB *A

and *9C(c) Bid Securit in accordance &ith ITB */C

(d) alternative Bids if permissible in accordance &ithITB *consortium agreemententered into b all members #lternativel a letter of intentor similar instrument to e+ecute a %oint venture>consortiumagreement in the event of a successful Bid shall be signedb all members and submitted &ith the Bid together &ith acop of the proposed %oint venture>consortium agreement

6G# >etter of !id and

%chedules

*A* The etter of Bid and Schedules including the Schedule ofPrices:"shall be prepared using the relevant forms furnishedin Section I0 Bidding .orms and Section 0III Schedules

of Prices/

The forms must be completed &ithout analterations to the te+t and no substitutes shall be accepted

, "n the event that# in addition to the $chedule of Prices# there are one or more %ills of &uantities# edit toread '$chedule of Prices and %ill of &uantities(.

"n the event that# in addition to the $chedule of Prices# there are one or more %ills of &uantities# edit toread '$chedule of Prices and %ill of &uantities(.

"n the event that# in addition to the $chedule of Prices# there are one or more %ills of &uantities# edit toread '$chedule of Prices and %ill of &uantities(.


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e+cept as provided under ITB AGA #ll blan' spaces shallbe filled in &ith the information re,uested

68# Alternative !ids *


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*9A The Bidder shall fill in prices for all items of the design andconstruction of the 8or's described in the Schedule ofPrices** The Bidder shall propose a lump sum fi+ed pricefor all design services In addition the Bidder shall fill inprices for all construction of the 8or's described in the

Schedule of Prices Items against &hich no price is enteredb the Bidder &ill not be paid for b the $mploer &hene+ecuted and shall be deemed covered b the prices in theSchedule of Prices*A

*9< The price to be ,uoted in the etter of Bid in accordance&ith ITB *A* shall be the total price of the Bid e+cludingan discounts offered 6e,uired details of the prices to bepresented b the Bidders are provided in the !"% Thisprice sub%ect to an ad%ustments pursuant to the "onditionsof "ontract (the sections ma'ing up Part II of these BiddingDocuments) &ill be the #ccepted "ontract #mount

*99 The Bidder shall ,uote an unconditional discounts and themethodolog for their application in the etter of Bid inaccordance &ith ITB *A*

*9F The "ontract prices ,uoted b the Bidder are not sub%ect toad%ustment during the initial period specified in the !"%Beond that initial period ad%ustments ma be allo&ed ifso specified in the!"%# In such a case the Bidder shallfurnish the indices and &eightings for the price ad%ustmentformulae in the Schedule of #d%ustment Data as given in

the #ppendi+ to Bid in Section I0 Bidding .orms and the$mploer ma re,uire the Bidder to %ustif its proposedindices and &eightings during negotiations

*9= If so indicated in the !"% Bids are being invited forindividual lots or for an combination of lots (pac'ages)Bidders &ishing to offer an price reduction for the a&ardof more than one lot shall specif in their Bid the pricereductions applicable to each pac'age or alternativel toindividual lots &ithin the pac'age Price reductions ordiscounts shall be submitted in accordance &ith ITB *99

11 "n the event that# in addition to the $chedule of Prices# there are one or more %ills of &uantities# edit toread '$chedule of Prices and %ill of &uantities(.

1 "n the event that the $chedule of Prices is to include %ills of &uantities for which unit rates are to beprovided b0 %idders# amend this paragraph as follows:

'"n addition# the %idder shall fill in rates and prices for all construction of the or2s described in the$chedule of Prices and %ill of &uantities. 3ates 4uoted in the priced %ill of &uantities will be used whenpreparing possible variation orders and for the calculation of "nterim Pa0ments. "tems against which norate or price is entered b0 the %idder will not be paid for b0 the 5mplo0er when e6ecuted and shall bedeemed covered b0 the rates and prices in the $chedule of Prices and %ill of &uantities.(


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provided the Bids for all lots are submitted and opened atthe same time

*9; "lause A* of the "onditions of Particular #pplication(Section 0I) sets forth the ta+ provisions of the "ontractBidders should revie& this clause carefull in preparingtheir Bid

6# Currencies of

!id and .ayment

*F* The currenc(ies) or combinations thereof of the Bid andof the paments shall be as specified in theBDS#

69# "ocuments

Comprisin the

Technical ffer

*=* The Bidder shall furnish a Technical 1ffer (includingDesign Proposal) statement of &or' methods e,uipmentpersonnel schedule and an other information as stipulatedin the !"%and in Section I0 Bidding .orms in sufficientdetail to demonstrate the ade,uac of the Bidder5s proposalto meet the design and construction re,uirements of the

$mploer5s 6e,uirements (Section I7) and the completiontime

67# "ocuments

Establishin the

*ualifications of the

!idder

*;* In accordance &ith Section III $valuation and3ualification "riteria to establish that the Bidder continuesto meet the ,ualification criteria used at the time of pre-,ualification the Bidder shall provide in the correspondinginformation sheets included in Section I0 Bidding .ormsupdated information on an assessed aspect that changedfrom that time

6J# .eriod of

+alidity of !ids

*:* Bids shall remain valid for the period specified in the!"%

after the Bid submission deadline date specified in the!"%GG#6 # Bid valid for a shorter period shall be re%ected bthe $mploer as non-responsive

*:A In e+ceptional circumstances prior to the e+piration of theBid validit period the $mploer ma re,uest Bidders toe+tend the period of validit of their Bids The re,uest andthe Bidder5s responses shall be made in &riting The BidSecurit shall also be e+tended for t&ent-eight (A:) dasbeond the deadline of the e+tended Bid validit period #Bidder ma refuse the re,uest &ithout forfeiting its Bid

Securit # Bidder granting the re,uest shall not bere,uired or permitted to modif its Bid e+cept if the a&ardis delaed b a period e+ceeding eight-four (:9) dasbeond the e+pir of the initial Bid validitC in &hich casethe "ontract price shall be the Bid price ad%usted b thefactor specified in the !"%


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6K# !id %ecurity */* The Bidder shall furnish as part of its Bid a bid securit inoriginal form and in the amount and currenc specified inthe !"% (the Bid Securit) If a Bidder is bidding onmultiple lots or is submitting alternative Bids onl one BidSecurit is re,uired for all lots and for both base and

alternative Bids

*/A The Bid Securit shall be a demand guarantee at theBidder5s option in an of the follo&ing forms2

(a) an unconditional ban' guaranteeC or

(b) an irrevocable letter of credit

from a reputable source from an eligible countr(determined in accordance &ith ITB 9) If theunconditional ban' guarantee or irrevocable letter of creditis issued b a ban' located outside the $mploer5s countr

the issuer shall have a correspondent financial institutionlocated in the $mploer5s countr satisfactor to the$mploer to ma'e it enforceable In the case of a ban'guarantee the Bid Securit shall be submitted either usingthe Bid Securit .orm included in Section I0 Bidding.orms or in another substantiall similar format approvedb the $mploer prior to Bid submission In either casethe form must include the complete name of the BidderThe Bid Securit shall be valid for t&ent-eight (A:) dasbeond the original validit period of the Bid or beondan period of e+tension if re,uested under ITB *:A

*/< #n Bid not accompanied b an enforceable and compliantBid Securit shall be re%ected b the $mploer as non-responsive

*/9 The Bid Securit of unsuccessful Bidders shall be returnedas promptl as possible upon the successful Bidder5sfurnishing of the Performance Securit

*/F The Bid Securit of the successful Bidder shall be returnedas promptl as possible once the successful Bidder hassigned the "ontract and furnished the re,uired Performance

Securit

*/= The Bid Securit ma be forfeited2

(a)if a Bidder &ithdra&s its Bid during the period of Bidvalidit specified b the Bidder in the etter of Bide+cept as provided in ITB *:AC

(b)if the Bidder does not accept the correction of its Bid


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Price pursuant to ITB Sub-"lause


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envelopes as 2I-I:A> A>TE2:ATI+Eand C.@ Theseenvelopes containing the original and the copies shall thenbe enclosed in one single envelope The alternative Bidmust be placed b itself in a separate envelope If multiplealternative Bids are submitted the all must be placed in

one single separate envelope

A*A The inner and outer envelopes shall2

(a) bear the name and address of the BidderC

(b) be addressed to the $mploer in accordance &ith ITBAA*C

(c) bear the specific identification of this bidding processindicated in the !"%**C and

(d) bear a &arning not to open before the time and date forBid opening

A*< If all envelopes are not sealed and mar'ed as re,uired the$mploer &ill assume no responsibilit for themisplacement or premature opening of the Bid

GG# "eadline for

%ubmission of !ids

AA* Bids must be received b the $mploer at the address andno later than the date and time indicated in the !"%

AAA The $mploer ma at its discretion e+tend the deadline forthe submission of Bids b amending the BiddingDocuments in accordance &ith ITB : in &hich case allrights and obligations of the $mploer and Bidders

previousl sub%ect to the original deadline shall thereafterbe sub%ect to the deadline as e+tended

G8# >ate !ids A


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copies) and in addition the respective envelopes shallbe clearl mar'ed 8ITD6#8# S?BSTIT?TI1@or !1DI.I"#TI1@C and

(b) received b the $mploer prior to the deadlineprescribed for submission of Bids in accordance &ith

ITB AA

A9A Bids re,uested to be &ithdra&n in accordance &ith ITBA9* shall be returned unopened to the Bidder

A9< @o Bid ma be &ithdra&n substituted or modified in theinterval bet&een the deadline for submission of Bids andthe e+piration of the period of Bid validit specified b theBidder in the etter of Bid or an e+tension thereof

G# !id penin AF* The $mploer shall open the Bids in public in the presenceof Bidders5 designated representatives &ho choose to

attend and at the address date and time specified in the!"% If electronic bidding is permitted in accordance &ithITB A** the procedure for opening them shall be asspecified in the !"%#

AFA .irst envelopes mar'ed IT


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consider appropriate 1nl discounts and alternative offersread out at Bid opening shall be considered for evaluation@o Bid shall be re%ected at Bid opening e+cept for lateBids in accordance &ith ITB A


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in accordance &ith ITB


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A/9 If a Bid is not substantiall responsive to the re,uirementsof the Bidding Documents it shall be re%ected b the$mploer and ma not subse,uentl be made responsive bcorrection of the material deviation reservation oromission

8L# :onmaterial

:onconformities


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addition or subtraction of subtotals the subtotals shallprevail and the total shall be correctedC and

(c) if there is a discrepanc bet&een &ords and figures theamount in &ords shall prevail unless the amounte+pressed in &ords is related to an arithmetic error in

&hich case the amount in figures shall prevail sub%ectto (a) and (b) above


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proposed #fter evaluation of the price analses ta'inginto consideration the schedule of estimated "ontractpaments the $mploerma re,uire that the amount of thePerformance Securit be increased at the e+pense of theBidder to a level sufficient to protect the $mploeragainst

financial loss in the event of default of the successfulBidder under the "ontract


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"ontract satisfactoril and &hose offer is substantiall andtechnicall responsive to the Bidding Documents and&hose Bid has been determined to be the lo&est evaluatedBid

8K# :otification of

Award


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the $mploer # foreign institution providing aPerformance Securit shall have a correspondent financialinstitution located in the $mploer5s countr satisfactor tothe $mploer#

9*A .ailure of the successful Bidder to submit the above-mentioned Performance Securit or to sign the "ontract&ithin t&ent-eight (A:) das of the receipt of the etter of#cceptance shall constitute sufficient grounds for theannulment of the a&ard and forfeiture of the Bid SecuritIn that event the $mploer ma a&ard the "ontract to thene+t lo&est evaluated Bidder &hose offer is substantiallresponsive and is determined b the $mploer to be,ualified to perform the "ontract satisfactoril

5G# Compact

Conditionalities

9A* Bidders are advised to e+amine and consider carefull theprovisions that are set forth in #nne+ # (#dditional

Provisions) attached to the "onditions of Particular#pplication of the "ontract as these are a part of theovernment5s and the $mploer5s obligations under the"ompact and related documents &hich under the terms ofthe "ompact and related documents are re,uired to betransferred onto an bidder contractor or subcontractor&ho parta'es in procurement or subse,uent contracts in&hich !"" funding is involved

9AA The provisions set forth in #nne+ # attached to the"onditions of Particular #pplication of the "ontract appl

during the bidding procedures as &ell as throughout theperformance of the "ontract


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Section II Bid Data Sheet II - *

SECTIONII

BIDDATAS$EETBDS!


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Section II Bid Data Sheet II - A

Bid Data S%eet

A# -eneral

IT!

6#6

The name of the $mploer is2 [insert name$

The identification numberof the I.B is2 [insert number of I!$

The name of the procurement and of the contract comprising this I.B is2[insert information$

IT!

G#6

The name of the "ountr and overnment receiving the !"" .unding is :[insert name$ .

The appro+imate amount of the !"" .unding is2 [insert amount$

The name of the pro%ect to be funded under the "ompact is2 [insert name$ #

IT!

G#G

The grant period of the "ompact is2 [insert number of years$, dating from[insert date of CompactNs Entry into orce$#

The "ompact program is comprised of2 [insert brief description of Compactproram$#

IT!

5#9#s of the date of these Bidding Documents the countries that are sub%ect tosanction or restriction b la& or polic of the ?nited States include [Cuba, Iran,:orth Oorea, %udan and %yria$

[The list of countries must be confirmed and updated as necessary each timethis %!" is used in a specific procurement# or eDample, at the time this

version of this %!" was finalized, it was eDpected :orth Oorea would be

removed from the list#$*=

!# Contents of !iddin "ocuments

IT!

9#8

# Bac'ground Information Document [will / will not$ be provided b the$mploer

If a Bac'ground Information Document is to be provided it &ill contain thefollo&ing information and be provided to Bidders in the follo&ing manner2

[insert informational contents$

[insert means of distribution$

IT!

7#6

.or purposes of clarifications the $mploer5s address is2

1+ This list is subect to revision. Please chec2 with the relevant attorne0 in the MCC ;ffice of General Counsel prior tothe use of this form in an0 specific %idding


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Section II Bid Data Sheet II - # !ustmeetre,uirement

@># .orm2 eneralDesign$+perience

4.2 SimilarDesignExperience

Participation as designer in atleast t&o (A) contracts &ithinthe last five (F) ears each&ith a value of at least ?SD[insert dollar amount$ore,uivalent that have beensuccessfull and substantiallcompleted and that are similarto the proposed 8or's

Similarit shall be based onthe phsical si4e comple+itmethods technolog or othercharacteristics as described inSection 0III $mploer5s6e,uirements

!ust meetre,uirement

!ust meetre,uirementsfor allcharacteristics

@ > # !ust meetre,uirementfor allcharacteristics

.orm2 SimilarDesign$+perience


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Section III $valuation and 3ualification "riteriaJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ III- *9

4.3 SpecifcDesignExperiencein KeyActivities

.or the above or other contracts e+ecuted during theperiod stipulated in 9A abovee+perience in the follo&ing'e activities2a [insert ey activities$bc

!ust meetre,uirements

!ust meetre,uirements

@ > # !ust meetre,uirements

.orm2 SpecificDesign$+perience inQe #ctivities

.#. 1eneralConstructionE23erience

$+perience under contracts inthe role of contractorsubcontractor or managementcontractor for at least the lastfive (F) ears prior to Bidsubmission deadline and &ithactivit in at least nine (/)months each ear

!ust meetre,uirement

@># !ustmeetre,uirement

@># .orm2 eneral"onstruction$+perience


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Section I0 Bidding .orms I0- *

SECTIONIV

BIDDINGF!"S


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Section I0 Bidding .orms I0- A

Table of Contents

A# !id %ubmission ormsQQQQQQQQQQQQQQQQQQQQQQQQ#8

* .orm of etter of BidLLLLLLLLLLLLLLLLLLLLLLLLL9

A #ppendi+ to BidLLLLLLLLLLLLLLLLLLLLLLLLLLL=


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Section I0 Bidding .orms I0- etter of !id

@ame of "ontract2__[Insert name of proect]__(Design-Build)

To2 The $mploer>Procurement #gent#ddress

entlemen2

8e the undersigned declare that2

* 8e have e+amined and &e have no reservations to the Bidding Documents includingaddenda thereto issued in accordance &ith the Instructions to Bidders

A In accordance &ith the "onditions of "ontract $mploer5s 6e,uirements Dra&ings andSchedules of Prices and #ddenda @os[insert Addenda :os#$ for the e+ecution of the above-named 8or's &e offer to design construct and install such 8or's and remed an defectstherein in conformit &ith the "onditions of "ontract $mploer5s 6e,uirements Dra&ingsSchedules of Prices and #ddenda for the sum of [insert amount in numbers and words$ asspecified in the #ppendi+ to Bid or such other sums as ma be ascertained in accordance &iththe conditionsA*

In case &e are a&arded another lot in addition to this lot &e &ill provide a discount of [insertamount of discount in numbers and words$ to be applied as follo&s2 [describe themethodoloy for applyin the discount#$


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Section I0 Bidding .orms I0- F

/ 8e certif that &e and an subcontractors and suppliers for an part of the "ontract compl&ith the re,uirements of ITB "lauses < and 9 of the Bidding Documents B that &e mean that&e including an subcontractors or suppliers for an part of the "ontract do not have anconflict of interest in accordance &ith ITB 9


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Section I0 Bidding .orms JJJJJJJ I0- =

AppendiD to !id

Bidders should fill in the remaining blan' spaces in the #ppendi+ to Bid Bidders are re,uired tosign each page of the #ppendi+ to Bid The #ppendi+ to Bid of the successful Bidder shall

become #nne+ B to the "onditions of Particular #pplication

Conditions of Contract %ub4Clause

Parties and Persons **AA $mploer is2 [insert name]

**A9 $ngineer is2 J [insert information]JJJJ

Dates Tests Periods and"ompletion

**


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Section I0 Bidding .orms JJJJJJJ I0- ;

s authorit0# consult the Program Procurement Guidelines for the MC=5ntit0.

* %efore setting a limit on the 5ngineer>s authorit0# consult the Program Procurement Guidelines for the MC=5ntit0.

+ "t is advised that the Performance $ecurit0 be in the amount of ten 718 percent of the =ccepted Contract=mount.

, The ma6imum amount of dela0 damages is generall0 set at ten 718 percent of the final Contract Price.

A:The advance pa0ment be limited to fifteen 71*8 percent of the =ccepted Contract =mount for wor2s procurements9however# if circumstances warrant# higher percentages ma0 be re4uested as a waiver to the MCC ProgramProcurement Guidelines# subect to MCC approval.


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Section I0 Bidding .orms JJJJJJJ I0- :

certification of2 R K percent (R KN) of the #ccepted"ontract #mountA/

*9A 6ecover of the advance paments shall be in theamount of2 R K percent (R KN) of the amount of

monthl Interim Pament "ertificates

or [insert currency of the !"#

$ntity%$mployer country] in the follo&ingproportions as nominated b the "ontractor2

R K percent (R KN) -- ?SDR K percent (R KN) [local currency named above]

The basis for conversion shall be2 the rate aspublished b [insert source of e&chan'e rate] ineffect on the date t&ent-eight (A:) das before theBid submission deadline date

"t is recommended that the repa0ment of the advance pa0ment commence when the certified pa0ments reachtwent0 78 percent of the =ccepted Contract =mount.

! "t is recommended# once the recover0 of the advanced pa0ment has commenced# that the advance pa0ment berecovered at the rate of twent0 78 percent of the "nterim Pa0ment Certificates.

!1 "t is recommended that the advance pa0ment be full0 recovered b0 the time sevent0 7,8 percent of the=ccepted Contract =mount has been certified for pa0ment.

! "t is recommended that ten 718 percent of the "nterim Pa0ment Certificates be retained.

!! "t is advised that the amount of retention be set at ten 718 percent of the Contract Price.


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Section I0 Bidding .orms JJJJJJJ I0- /

eneral 6e,uirementsfor Insurances

*:* Insuring Part shall submit evidence of insurance2&ithin R K (R K) das of the "ommencement Date

Insuring Part shall submit copies of insurancepolicies2 &ithin R K (R K) das of the "ommencement

DateInsurance for 8or's and"ontractor5s $,uipment

*:A(d) Deductibles per occurrence shall not e+ceed2?SD R K per occurrence

Insurance against In%urto Persons and Damageto Propert

*:< imit per occurrence shall not be less than2?SD R K per occurrence

Insurance for Design *:F imit for insurance shall not be less than2?SD R K

#ppointment of theDispute #d%udicationBoard

AGA D#B shall comprise2 R K (R K) members

.ailure to #gree Dispute#d%udication Board

AG< #ppointing entit shall be2 J [insert information]J

#rbitration AG=(a)(i) International arbitration institution shall be2JJJ[insert information]JJJJJ


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Section I0 Bidding .orms JJJJJJJ I0- *G

The items below are to be filled in by the !idder as part of its !id, as indicated in

Conditions of Contract %ub4Clauses 68#J and 65##

#d%ustments for "hangesin "ost

*


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Section I0 Bidding .orms JJJJJJJ I0- **

orm of !id %ecurity &!an -uarantee)

22222222222222222222222[!an1s :ame, and Address of Issuin !ranch or ffice$

!eneficiary; JJJJJJJJJJJJJJJJJJJ [:ame and Address of Employer$

"ate; JJJJJJJJJJJJJJJJ

!I" -=A2A:TEE :o#; JJJJJJJJJJJJJJJJJ

8e have been informed that [name of the !idder$ (hereinafter called the Bidder) hassubmitted to ou its Bid dated (hereinafter called the Bid) for the e+ecution of [nameof contract$ under Invitation for Bids @o [I! number$ (the I.B)

.urthermore &e understand that according to our conditions Bids must be supportedb a Bid guarantee

#t the re,uest of the Bidder &e [name of !an$hereb irrevocabl underta'e to paou an sum or sums not e+ceeding in total an amount of [amount in fiures$ ([amountin words$) upon receipt b us of our first demand in &riting accompanied b a &rittenstatement stating that the Bidder is in breach of its obligation(s) under the Bid conditions

because the Bidder2

(a) has &ithdra&n its Bid during the period of Bid validit specified b the Bidder inthe .orm of BidC or

(b) having been notified of the acceptance of its Bid b the $mploer during theperiod of Bid validit (i) fails or refuses to e+ecute the "ontract or (ii) fails orrefuses to furnish the Performance Securit in accordance &ith the Instructions toBidders and the "ontract

This guarantee &ill e+pire2 (a) if the Bidder is the successful Bidder upon our receipt ofcopies of the "ontract signed b the Bidder and the Performance Securit issued to ouupon the instruction of the BidderC or (b) if the Bidder is not the successful Bidder uponthe earlier of (i) our receipt of a cop of our notification to the Bidder of the name of thesuccessful BidderC or (ii) t&ent-eight (A:) das after the e+piration of the Bidder5s Bid

"onse,uentl an demand for pament under this guarantee must be received b us atthe office on or before that date

This guarantee is sub%ect to the ?niform 6ules for Demand uarantees I"" Publication@o 9F:

[%inature&s)$


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Section I0 Bidding .orms JJJJJJJ I0- *A

!# !idder *ualification orms


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Section I0 Bidding .orms JJJJJJJ I0- *E "E%I-:4!=I>" .2?ECT$

C:"ITI:% C:T2ACT

-E:E2A> C:"ITI:%

The "onditions of "ontract Part *2 eneral "onditions shall be those forming the eneral

"onditions of the "onditions of "ontract for Plant and Design-Build .irst $dition */// asprepared b the .WdWration Internationale des IngWnieurs-"onseils (.IDI") These eneral"onditions are sub%ect to the variations and additions set out in the section of this "ontractentitled "onditions of Particular #pplication The eneral "onditions of "ontract can be foundat the follo&ing lin'2[to be inserted by the $mployer.]

!+ The General Conditions of Contract that shall be used with these $tandard %idding


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Section 0I "onditions of Particular #pplication 0I- *

SECTIONVI

CONDITIONSOF"ARTICU)ARA"")ICATION


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Section 0I "onditions of Particular #pplication 0I- A

Conditions of .articular Application

The follo&ing "onditions of Particular #pplication ("1P#s) including #nne+ # and #nne+ Bshall supplement the eneral "onditions of "ontract 8henever there is a conflict the

provisions in the "1P#s shall prevail over the eneral "onditions of "ontract

6# -eneral .rovisions

%ub4Clause 6#6#6

The "ontract#mend Subpara **** ("ontract) b adding the follo&ing atthe end2

The &ords X#greement5 and X"ontract5 are used interchangeabl

#mend Subpara ***: (Tender) b adding the follo&ing at theend2

The &ord Xtender5 is snonmous &ith XBid5 and the &ordsXetter of Tender5 &ith Xetter of Bid5 and the &ords X#ppendi+ toTender5 &ith X#ppendi+ to Bid5 and the &ords Xtender documents5&ith XBidding Documents5

%ub4Clause 6#6#G

Parties and Persons#dd as Subpara **A** a defined term to read as follo&s2

X!""5 means the !illennium "hallenge "orporation the ?nited

States overnment "orporation &ith the same name responsiblefor providing funds under the terms of the "ompact to theovernment

#dd as Subpara **A*A a defined term to read as follo&s2

X[Insert abbreviated name of the MCA Entity$5 means [Insertfull leal name of the MCA Entity$ the entit created b theovernment to receive and administer !"" .unding

#dd as Subpara **A*< a defined term to read as follo&s2

X"ompact5 means the !illennium "hallenge "ompact bet&eenthe overnment and the ?nited States of #merica acting through!"" e+ecuted on [insert date of Compact sinin$ that setsforth the general terms and conditions on &hich !"" &ill providefunding of up to ?SY [insert dollar amount of Compact$ to theovernment for a !illennium "hallenge #ccount program toadvance economic gro&th and reduce povert in [insert name ofMCA country$

#dd as Subpara **A*9 a defined term to read as follo&s2

X!"" .unding5 means the funding provided b !"" in


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Section 0I "onditions of Particular #pplication 0I- oradditional cost

(ii) Sub-"lause *


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Section 0I "onditions of Particular #pplication 0I- =

uidelines and #nne+ # attached to the "onditions of Particular#pplication of the "ontract ($ligible "ountries) The "ontractoror a Subcontractor and their respective personnel and affiliatesshall be deemed to have the nationalit of a countr if it is a citi4en

or constituted incorporated or registered and operates inconformit &ith the provisions of the la&s of that countr

#ll $,uipment !aterials Plant and an services to beincorporate in or re,uired for the 8or's shall have their origin in$ligible "ountries

.or the purpose of this Sub-"lause 9* origin means the place&here the $,uipment !aterials or Plant have been mined gro&ncultivated produced manufactured or processedC or throughmanufacture processing or assembl another commerciall

recogni4ed article results that differs substantiall in its basiccharacteristics purposes or utilit from its underling components8ith respect to an services the term origin means the placefrom &hich the services are supplied

%ub4Clause 5#G

Performance Securit#mend Sub-"lause 9A b adding the follo&ing at the end2

8ithout limitation to the other provisions of this Sub-"lause 9A&henever the $ngineer determines an addition to the "ontractPrice as a result of a change in cost and>or legislation or as a resultof a 0ariation amounting to more than AF percent of the portion of

the "ontract Price paable in a specific currenc the "ontractor atthe $ngineer5s &ritten re,uest shall promptl increase the value ofthe Performance Securit in the applicable currenc b an e,ual

percentage

The Performance Securit of a %oint venture or other consortiumshall be issued so as to commit full all members of the %ointventure or other consortium If the %oint venture or otherconsortium has not been legall constituted at the time thePerformance Securit is provided the Performance Securit shall

be in the name of all future members of the proposed %oint venture

or other consortium

%ub4Clause 5#8

"ontractor5s6epresentative

#mend Sub-"lause 9< b adding the follo&ing at the end2

If the $ngineer determines that the "ontractor5s 6epresentative oran of these persons are not fluent in the said language the"ontractor shall ma'e competent interpreters available during all&or'ing hours in a number deemed sufficient b the $ngineer

%ub4Clause 5#5

Subcontractors#mend Subpara (b) of Sub-"lause 99 b deleting the &ord andat the end

#mend Subpara (c) of Sub-"lause 99 b replacing the period at


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Section 0I "onditions of Particular #pplication 0I- ;

the end &ith C and

#mend Sub "lause 99 b adding the follo&ing at the end2

(d) each subcontract shall include the provisions set forth in

#nne+ # (#dditional Provisions) attached to the "onditions ofParticular #pplication of the "ontract

The consent of the $ngineer shall not be re,uired if thesubcontract is less than one percent (*N) of the "ontract Price &itha ma+imum limit of ?SY*GGGGG If the cumulative value of allsubcontracts issued to un-approved subcontractors attains?SYAFGGGG each subse,uent use of a non-approved subcontractorshall re,uire the prior consent of the $ngineer

%ub4Clause 5#J

Safet Procedures#mend Sub-"lause 9: b adding the follo&ing at the end2

The "ontractor shall notif the $ngineer and $mploer &ithin 9:hours or as soon as reasonabl possible after the occurrence of anaccident &hich has resulted in damage or loss of propertdisabilit or loss of human life or &hich has or &hich couldreasonabl be foreseen to have a material impact on theenvironment and shall submit to the $ngineer and $mploer nolater than A: das after the occurrence of such an event a summarreport thereof

%ub4Clause 5#6JProtection of the$nvironment

#mend Sub-"lause 9*: b adding the follo&ing at the end2

The "ontractor shall ensure that its activities under this "ontractcompl &ith !""5s $nvironmental uidelines and ender Polic(as each such term is defined in the "ompact or related agreement)&hich are available at http2>>&&&mccgov and are not Xli'el tocause a significant environmental health or safet ha4ard5 asdefined in such $nvironmental uidelines understanding that the"ontractor is not responsible for the environmental and socialimpacts of the 8or's to the e+tent that such impacts result directlfrom completion of an of the 8or's that ma be designed b the

$mploer

The "ontractor shall appl the recommendations of the$nvironmental !anagement Plan (X$!P5) as &ell as an otherscontained in the $mploer5s 6e,uirements in respect of safetsecurit and protection of the environment

The "ontractor shall re,uest &ritten confirmation from the$mploer that actions re,uiring completion b the approved6esettlement #ction Plan (X6#P5) have been completed beforeconstruction is initiated on the 8or's or each Section (as the case

ma be) The "ontractor shall also immediatel notif the$ngineer of an land ac,uisition or resettlement needs resulting


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Section 0I "onditions of Particular #pplication 0I- :

from the design or 8or's that have not been addressed b the 6#P@o &or' shall commence in an such ne&l identified area&ithout the approval of the $ngineer

The "ontractor shall implement health and safet re,uirements of

the approved $!Ps and directives issued as a result of periodicinspections to be underta'en as part of the supervisor rolere,uired of the $ngineer to ensure compliance &ith there,uirements of the $!Ps

The "ontractor shall be responsible for ensuring that allSubcontractor5s and "ontractor5s Personnel understand and operatein accordance &ith the principles and re,uirements of theenvironmental and social impacts provisions of this Sub-"lauseand that the same standards appl to the Subcontractor5senvironmental and social impacts management sstems andenvironmental and social impacts performance

The "ontractor5s program shall demonstrate clearl theprocedures and methods of &or'ing that the "ontractor and itsSubcontractors &ill adopt to compl &ith the environmental andsocial impacts re,uirements of this Sub-"lause

The "ontractor shall ensure the ade,uate disposal of constructionand e+cavation &astes

The "ontractor shall restore the Site to original conditions or to astate as set out in the $mploer5s 6e,uirements after thecompletion of the 8or's

%ub4Clause 5#G6

Progress 6eports#mend Sub-"lause 9A* b adding the follo&ing at the end2

8ithin ; das of the submission b the "ontractor of eachmonthl progress report the $ngineer and the $mploer shall meet&ith the "ontractor to discuss the progress of the 8or's

# "esin

%ub4Clause #5

Technical Standards and6egulations

#mend Sub-"lause F9 b inserting the follo&ing at the end of thefirst paragraph2

and !""5s $nvironmental uidelines (as such term is defined inthe "ompact)

9# %taff and >abor

%ub4Clause 9#7ealth and Safet

#mend Sub-"lause =; b adding the follo&ing at the end2


119/145


120/145

Section 0I "onditions of Particular #pplication 0I- *G

inspection b auditors during normal &or'ing hours Theserecords shall be included in the details to be submitted b the"ontractor under Sub-"lause =*G RRecords of Contractor/s

Personnel and 9ui,mentK

7# .lant, Materials and ormanship

%ub4Clause 7#7

1&nership of Plant and!aterials

#mend Sub-"lause ;; b replacing Subparas (a) and (b) &ith thefollo&ing2

(a) &hen it is incorporated in the 8or'sC

(b) &hen the "ontractor is paid the corresponding value of thePlant and !aterials under Sub-"lause :*G RPament forPlant and

*aterials in 9%ent of Sus,ensionK

J# Commencement, "elays and %uspension

%ub4Clause J#9

6ate of Progress#mend Sub-"lause := b inserting the follo&ing at the end2

#dditional costs of revised methods including accelerationmeasures instructed b the $ngineer to reduce delas resultingfrom causes listed under Sub-"lause :9 R9+tension of ;ime forCom,letionK shall be paid b the $mploer &ithout generating

ho&ever an other additional pament benefit to the "ontractor

%ub4Clause J#6G

6esumption of 8or'#mend Sub-"lause :*A b inserting the follo&ing at the end2

after receiving from the $ngineer an instruction to this effectunder "lause *< R5ariations and 4dustmentsK

66# "efects >iability

%ub4Clause 66#8

$+tension of Defects@otification Period

#mend Sub-"lause **< b inserting the follo&ing at the end of

the first sentence of the first paragraph2

attributable to the "ontractor

68# +ariations and AdBustments

%ub4Clause 68#6

6ight to 0ar#mend Sub-"lause *


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Section 0I "onditions of Particular #pplication 0I- **

%ub4Clause 68#7

#d%ustments for "hangesin egislation

#mend Sub-"lause *


122/145

Section 0I "onditions of Particular #pplication 0I- *A

(b) suppl an particulars re,uested b the $ngineer

If the "ontractor fails to attend or send a representative themeasurement made b (or on behalf of) the $ngineer shall beaccepted as accurate

$+cept as other&ise stated in the "ontract &herever anPermanent 8or's are to be measured b records the shall be

prepared b the $ngineer The "ontractor shall as and &henre,uested attend to e+amine and agree the records &ith the$ngineer and shall sign the same &hen agreed If the "ontractordoes not attend to e+amine and agree these records the shall beaccepted as accurate

If the "ontractor e+amines and disagrees &ith the records and>ordoes not sign them as agreed then the "ontractor shall notif the$ngineer of the respects in &hich the records are asserted to beinaccurate #fter receiving this notice the $ngineer shall revie&the records and either confirm or var them If the "ontractor doesnot so notif the $ngineer &ithin *9 das after being re,uested toe+amine the records the shall be accepted as accurate

%ub4Clause 65#G

#dvance Pament#mend Sub-"lause *9A b deleting the phrase as an interest-free loan from the first sentence of the first paragraph

#mend Sub-"lause *9A b replacing the fifth paragraph &ith the

follo&ing2

?nless stated other&ise in the #ppendi+ to Bid the advancepament shall be repaid through percentage deductions from theinterim paments certified b the $ngineer in accordance &ith Sub-"lause *9= RIssue of Interim Pament CertificatesK as follo&s2

(a) deductions shall commence in the ne+t Interim Pament"ertificate follo&ing that in &hich the total of all interim

paments (e+cluding the advance pament and deductions andrepaments of retention) certified to the "ontractor has reached

the percentage of the #ccepted "ontract #mount stipulated inthe #ppendi+ to Bid less Provisional SumsC and

(b) deductions shall be made at the amorti4ation rate stated in the#ppendi+ to Bid of the amount of each Interim Pament"ertificate (e+cluding the advance pament and deductions forits repaments as &ell as deductions for retention mone) in thecurrencies and proportions of the advance pament until suchtime as the advance pament has been repaidC al&as providedthat the advance pament shall be completel repaid prior to thetime &hen the percentage of the #ccepted "ontract #mount less

Provisional Sums stipulated in the #ppendi+ to Bid has beencertified for pament


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Section 0I "onditions of Particular #pplication 0I- *offices>enforcement>ofac (ii) on the consolidated list ofindividuals and entities maintained b the *A=; "ommittee of the ?nited @ations Securit"ouncil (iii) on the list maintained on &&&eplsgov or (iv) on such other list as the $mploerma re,uest from time to time .or purposes of this provision material support and resourcesincludes currenc monetar instruments or other financial securities financial services lodging

training e+pert advice or assistance safe houses false documentation or identificationcommunications e,uipment facilities &eapons lethal substances e+plosives personneltransportation and other phsical assets e+cept medicine or religious materials


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Section 0I "onditions of Particular #pplication 0I- AF

$+ecutive 1rder *


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Section 0I "onditions of Particular #pplication 0I- A=

loss or to pursue the procurement of the covered goods &or's and servicesC provided ho&everthat at !""5s election such proceeds shall be deposited in an account as designated b the$mploer and acceptable to !"" or as other&ise directed b !""


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Section 0I "onditions of Particular #pplication 0I- A;

In an subcontract or suba&ard entered into b the "ontractor as permitted b this"ontract the "ontractor shall ensure the inclusion of all the provisions contained in paragraphs(#) through (M) above


138/145

Section 0I "onditions of Particular #pplication 0I- A:

AnneD !; AppendiD to !id5J

The "onditions of Particular #pplication including #nne+ # and this #nne+ B shall supplementthe eneral "onditions of "ontract 8henever there is a conflict the provisions in these"onditions of Particular #pplication shall prevail over the eneral "onditions of "ontract

9: The completed =ppendi6 to %id of the successful %idder 7the form of which is provided in $ection "E# %idding?orms8 shall be appended to the Conditions of Particular =pplication of the Contract as =nne6 %.


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Section 0II .orms of #greement and Securit 0II- *

SECTIONVII

FORSOFA1REEENT= "ERFORANCESECURIT>=AND ADVANCE"A>ENT1UARANTEE


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Section 0II .orms of #greement and Securit 0II- A

>etter of Acceptance.

[letterhead paper of the Employer$

[date$

To2 [name and address of the Contractor$

This is to notif ou that our Bid dated [date$for e+ecution of the [name of the Contract andidentification number, as iven in the !iddin "ocuments$for the #ccepted "ontract #mountof the e,uivalent ofFG[amount in words and numbers$ [name of currency$ as corrected andmodified in accordance &ith the Instructions to Bidders is hereb accepted b us in our capacitas $mploer under the "ontract

8ithin A: das of our receipt of this etter of #cceptance ou are hereb instructed to (a) signand return the attached "ontract #greement in accordance &ith Sub-"lause *= of the eneral"onditions of "ontract and (b) for&ard the Performance Securit in accordance &ith Sub-"lause9A of the eneral "onditions of "ontract using for that purpose the .orm of Performance Ban'uarantee included in Section 0II .orms of #greement and Securit of the BiddingDocuments or another form acceptable to us

#uthori4ed Signature2@ame and Title of Signator2[insert full leal name of the Employer$

Attachment; Contract Areement

) The Aetter of =cceptance is the basis for formation of the Contract as described in "T% Clauses !-)1. This?orm of Aetter of =cceptance is to be filled in and sent to the successful %idder onl0 after evaluation of %ids hasbeen completed# subect to an0 review b0 MCC as re4uired.

*


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Section 0II .orms of #greement and Securit 0II-