Section VII

J P MUKHERJI & ASSOCIATES PVT LTD
TSFP
SAMPLE FORMS AND PROCEDURES
Section VII
Page - 1 / 65
BID DOCUMENT FOR

DIESEL POWER GENERATION PLANT
SECTION VII
Notes to Bidders on the Sample Forms and Procedures

The Bidder shall complete and submit with its bid the Bid Form and Price Schedules, in
accordance with the requirements included in the bidding documents. These forms shall
be included un-amended for the Bidder to complete, sign and submit with the Bid.
The Bidder shall provide the Bid Security in the form included hereafter pursuant to the
provisions in the Instructions to Bidders.
The Form of Contract Agreement will be used un-amended, except for the need to
complete Article 1.1 (Contract Documents) and Article 3 (Effective Date), as appropriate.
The form shall also include the Appendixes listed, which would be completed according to
the instructions for their completion provided at the beginning of each Appendix. If
required, the Price Schedule deemed to form part of the Contract would be modified
according to any corrections or modifications to the accepted bid resulting from price
corrections, pursuant to the provisions of the Instructions to Bidders.
The Performance Security and Bank Guarantee for Advance Payment forms enclosed
should not be completed by the bidders at the time of their bid preparation. Only the
successful Bidder will be required to provide performance security and a bank guarantee
for advance payment, according to one of the forms indicated herein and pursuant to the
provisions of the General and Special Conditions of Contract, respectively.
Recommended Sample Forms for Completion and Operational Acceptance are
included herein, together with Change Order Procedures and Forms that complement
the provisions in Part H of the General Conditions of Contract.

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BID DOCUMENT FOR

Table of Sample Forms and Procedures

1. Bid Forms and Price Schedules ...................................................................................... 3
1.1 Bid Form................................................................................................................ 3
1.2 Price Schedules .................................................................................................... 7
Schedule No. 1 Plant, Equipment, and Mandatory Spare Parts Supplied from Abroad
......................................................................................................... 9
Schedule No. 2 Plant, Equipment, and Mandatory Spare Parts Supplied from Within
the Employers Country .................................................................. 12
Schedule No. 3 Insurance on Sea & Inland Transport ............................................. 13
Schedule No. 4 Sea Transportation ......................................................................... 14
Schedule No.5 Local Transportation ....................................................................... 15
Schedule No. 6 Installation and other incidental services ........................................ 16
Schedule No. 7 Grand Summary ............................................................................. 18
Schedule No. 8 Spare Parts..................................................................................... 19
2. Bank Guarantee Form of Bid Security .......................................................................... 20
3. Form of Contract Agreement ......................................................................................... 22
Appendix 1.
Appendix 2.
Appendix 4.
Appendix 5.
Appendix 6.
Appendix 7.
Appendix 8.
Terms and Procedures of Payment ................................................ 26

Price Variation ................................................................................ 30
Time Schedule................................................................................ 34
List of Approved Subcontractors..................................................... 37
Scope of Works and Supply by the Employer ................................ 38
List of Documents for Approval or Review...................................... 41
Functional Guarantees ................................................................... 43
4. Bank Guarantee Form for Performance Security ........................................................ 46

5. Bank Guarantee Form for Advance Payment............................................................... 49
6. Form of Completion Certificate ..................................................................................... 51
7. Form of Operational Acceptance Certificate................................................................ 52
8. Change Order Procedures ............................................................................................. 53

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BID DOCUMENT FOR

1. Bid Forms and Price Schedules

1.1 Bid Form
Date:
BID No.:
CONTRACT FOR DIESEL POWER GENERATION PLANT FOR
TENDAHO SUGAR FACTORY PROJECT
To:
Tendaho Sugar Factory Project
P O Box 2574
Salfaz Building (In Front Of Atlas Hotel)
Cape Verde Road
Addis Ababa
Ethiopia
Ladies and/or Gentlemen,

Having examined the bidding documents, including Addendum Nos. [insert numbers],
the receipt of which is hereby acknowledged, we, the undersigned, offer to design,
manufacture, test, deliver, install, pre-commission and commission the Facilities under the
above-named Contract in full conformity with the said bidding documents for the sum of:
(a)
.
...[amount
of
foreign
currency
in
words ..], [amount in
figures..] & [amount of local currency in
words ..], [amount in
figures..] for DIESEL POWER GENERATION PLANT or such other sums as
may be determined in accordance with the terms and conditions of the Contract. [ delete any
inappropriate option if not selected ] The above amounts are in accordance with the Price
Schedules attached herewith and are made part of this bid.
We undertake, if our bid is accepted, to commence the Facilities and to achieve Completion
within the respective times stated in the bidding documents.
If our bid is accepted, we undertake to provide an advance payment security and a
performance security in the form, in the amounts, and within the times specified in the
bidding documents.
We accept the appointment of Ethiopian Chamber of Commerce [name proposed in Bid
Data Sheet] as the Arbitrator.
We agree to abide by this bid, which consists of this letter and Attachments 1 through
..[number] hereto, for a period of One Hundred Twenty[ 120 ] days from the date fixed
for submission of bids as stipulated in the bidding documents, and it shall remain binding
upon us and may be accepted by you at any time before the expiration of that period.

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BID DOCUMENT FOR

Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and
to contract execution if we are awarded the contract, are listed below
Name and
address of
agent
Amount and
Currency
Purpose of
Commission
or gratuity
(if none, state none).

Until a formal contract is prepared and executed between us, this bid, together with your
written acceptance thereof and your notification of award, shall constitute a binding contract
between us.
We understand that you are not bound to accept the lowest or any bid you may receive.
Dated this
day of
, 20
[signature]
In the capacity of
[position]
Duly authorized to sign this bid for and on behalf of
[name of Bidder]

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BID DOCUMENT FOR

ATTACHMENT TO BID FORM
Clause ITB 9.3 (a) to (g) Attachment 1:

Submission of attachments with the Attachment 2:
bid.
Attachment 3:
Attachment 4:
Attachment 5:
Bid Security
Power of Attorney
Bidders Eligibility and Qualification
Eligibility & conformity of Facilities
Subcontractors proposed by the
Bidder
Attachment 6: Deviations
Attachment 7: Alternative bids, if any
Clause ITB 9.3 (d) (ii) - Spares 20 Years

required for operation; number of
years following completion:
Clause ITB 13.1 - Amount of bid United States Dollars Twenty thousand only [US $
security:
20,000] or equivalent in freely convertible Foreign
Currency.
Clause ITB 14.1 - Bid validity period
120 days
Clauses ITB 15.1 & 19.2 Number of The number of copies of the Bid to be completed
copies of Bid
and returned shall be ONE original plus FOUR
copies plus ONE electronic copy.
Clause ITB 25.3 (b)
Time schedule :
Time to complete the facilities from Time to complete the facilities from the effective
the effective date specified in Article 3 date specified in Article 3 of the Contract
Agreement for determining time for completion of
of the Contract Agreement
pre-commissioning activities shall be as under.
(a) For first Diesel Generator Set (625 kVA)
Minimum 48 weeks and maximum 49
weeks. For the purposes of bid evaluation
Time to complete the facilities will be
considered as 48 weeks.
(b) For second Diesel Generator Set (1250
kVA) Minimum 52 weeks and maximum 53
weeks For the purposes of bid evaluation
(c) For Third Diesel Generator Set (1250 kVA)
Minimum 56 weeks and maximum 57
weeks For the purposes of bid evaluation

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BID DOCUMENT FOR

The adjustment rate in the event of completion
The adjustment rate if completion is beyond the minimum period shall be 0.2 % for each
week of delay from that minimum period.
beyond the maximum period
In case of earlier delivery, a credit of 0.2% per week
will be given counting from minimum period.
Following are the desired performance for each of
the Diesel Generating Sets.
Clause ITB 25.3 (d) (i)

Functional guarantees
1) Output of each Diesel Generating Set

625kVA
1250kVA
1250kVA
Clause ITB 25.3 (d) (ii)
Functional guaranteesAdjustment factor used
evaluation.
The following adjustment factors will be used for

each of the sets.
for
Clause ITB 33
Amount of performance security :
bid
a) Addition of US Dollars 10,000 for each one

percent [1%] reduction in throughput or
prorated for less than one percent [ 1% ] of
capacity indicated above
Ten percent (10%) of the contract price.

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BID DOCUMENT FOR

1.2 Price Schedules

General
1.
The Price Schedules are divided into separate Schedules as follows:

Schedule No. 1
Schedule No. 2
Schedule No. 3
Schedule No. 4
Schedule No. 5
Schedule No. 6
Schedule No. 7
Schedule No. 8
Plant and Equipment (including Mandatory Spare Parts)

Supplied from Abroad
Plant and Equipment (including Mandatory Spare Parts)
Supplied from within the Employers Country
Insurance on Sea and Inland Transport
Sea Transportation
Inland Transportation
Installation and other incidental services
Grand Summary
Recommended Spare Parts
2.
The Schedules are one-line specifications and do not generally give a full description of
the plant and equipment to be supplied and the services to be performed under each
item. Bidders shall be deemed to have read the Technical Specifications and other
sections of the bidding documents and reviewed the Drawings to ascertain the full
scope of the requirements included in each item prior to filling in the rates and prices.
The entered rates and prices shall be deemed to include for the full scope as aforesaid,
including overheads and profit.
3.
If bidders are unclear or uncertain as to the scope of any item, they shall seek
clarification in accordance with the Instructions to Bidders in the bidding documents
prior to submitting their bid.
Pricing
4.
Prices shall be filled in indelible ink and any alterations necessary due to errors, etc.,
shall be initialled by the Bidder.
As specified in the Bid Data Sheet and Special Conditions of Contract, prices shall be
fixed and firm for the duration of the Contract.
5.
Bid prices shall be quoted in the manner indicated and in the currencies specified in
the Instructions to Bidders in the bidding documents.
For each item, bidders shall complete each appropriate column in the respective
Schedules, giving the price breakdown as indicated in the Schedules.
Prices given in the Schedules against each item shall be for the scope covered by that
item as detailed in the Technical Specifications, Drawings or elsewhere in the bidding
documents.

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BID DOCUMENT FOR

6.
Where there are errors between the total of the amounts given under the column for
the price breakdown and the amount given under the Total Price, the former shall
prevail and the latter will be corrected accordingly.
Where there are errors between the total of the amounts of Schedule Nos. 1 to 6 and
the amount given in Schedule No. 7 (Grand Summary), the former shall prevail and the
latter will be corrected accordingly.
Where there are discrepancies between amounts stated in figures and amounts stated
in words, the amounts stated in words shall prevail.
7.
Payments will be made to the Contractor in the currency or currencies indicated under
each respective item.
8.
Items left blank will be deemed to have been included in other items. The TOTAL for
each Schedule and the TOTAL of the Grand Summary shall be deemed to be the total
price for executing the Facilities and sections thereof in complete accordance with the
Contract, whether or not each individual item has been priced.
9.
When requested by the Employer for the purposes of making payments or part
payments, valuing variations or evaluating claims, or for such other purposes as the
Employer may reasonably require, the Contractor shall provide the Employer with a
breakdown of any composite or lump sum items included in the Schedules.
J P MUKHERJI & ASSOCIATES PVT. LTD

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BID DOCUMENT FOR

Schedule No. 1
Item/
Equipment.
Code no.
Schedules of Rates and Prices

Plant, Equipment, and Mandatory Spare Parts Supplied from Abroad
Description
Code1
Unit Price
Qty.
(1)
EX-Works
(2)
2422.1
2422.2
2422.10
Packaged Diesel Generator, with

combination base frame - tested
2422.3
DG Power, Control and Relay

Panel
2422.4
Main Power Distribution Board
2422.5
2422.6
2422.7
2422.8
2428.9
Battery and battery charger

Power & Control Cabling & wiring
Earthing System
Fuel Supply system as specified
i) 1 No. x 625 KVA

ii) 2 Nos. x 1250
KVA
i) 1 No. x 625 KVA
ii) 2 Nos. x 1250
KVA
i) 1 No. x 625 KVA
ii) 1 No. x 1250
KVA (No.1)
iii) 1 No. x 1250
KVA (No.2)
Three Sets
i) 1 set x 625 KVA
ii) 2 set x 1250 KVA
Three sets
One Set each
FOB
Port of
Shipment
(3)
Total Price
EX-Works
(1) x (2)
FOB
Port of
Shipment
(1) x (3)

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BID DOCUMENT FOR

Item/
Equipment.
Code no.
Code1
Description
Qty.
(1)
Unit Price
EX-Works
(2)
2422.11
Foundation bolts
2422.12
2422.13
Special Tools and Tackles

Mandatory spares
[Bidder to price items listed in the
Specification]
Commissioning Spares
DG house crane
DG house Gantry
2422.14
2422.15
2422.16
FOB
Port of
Shipment
(3)
i) 1 Lot x 625 KVA

ii) 2 Lots x 1250
KVA
One lot
One lot
One lot
One no.
One lot
Grand Total
TOTAL (to Schedule No. 7. Grand Summary
Code
Country
Name of Bidder
___________________
Signature of Bidder
___________________
Total Price
EX-Works
(1) x (2)
FOB
Port of
Shipment
(1) x (3)

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BID DOCUMENT FOR

1
Bidders shall enter a code representing the country of origin of all imported plant and equipment.
Specify currency.
To detail where Lot is indicated.
- All items of supply under the Contract are indicated above. In the event any plant or equipment is being supplied locally, it should be shown in Schedule 2
2

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BID DOCUMENT FOR

Schedule No. 2

Plant, Equipment, and Mandatory Spare Parts Supplied from Within the Employers Country
[Bidder to indicate any of the equipment which it is supplying from Employers Country]
Item
Description
Qty.
Unit Price
Total Price
(1)
EXW
(2)
Birr
EXW
(1) x (2)
Birr
Currency
TOTAL (to Schedule No. 7 Grand Summary)

Name of Bidder
____________________
Signature of ____________________
Bidder
1
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (b).

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BID DOCUMENT FOR


Schedule No. 3
Insurance on Sea & Inland Transport
Item
Qty.
Description
(1)
Currency
Insurance costs for Plant & Machinery

Sea Transportation [ Bidder to provide
split up prices]
Insurance costs for Plant & Machinery

Inland Transportation [ Bidder to provide
split up prices]
Unit Price1
Foreign
Local
(2)
(3)
Birr
Total Carried to Schedule no 7

Name of Bidder
Signature of Bidder
1
__________________
__________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1
Total Price1
Foreign
(1) x (2)
Local
(1) x (3)
Birr

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BID DOCUMENT FOR

Schedule No. 4
Sea Transportation
Item
Description
Unit Price1
Qty.
(1)
Currency
Foreign
(2)
Total Price1
Local
(3)
Birr
[ Bidder to provide split up prices]

1
2
3
4
5
Total Carried to Schedule no 7

Name of Bidder
_______________
Signature of bidder _______________

1
Foreign
(1) x (2)
Local
(1) x (3)
Birr

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BID DOCUMENT FOR

Schedule No.5
Local Transportation
Item
Qty.
Description
(1)
Currency
Local
(2)
Birr
Total Carried to Schedule no7

Name of Bidder
_______________
Signature of bidder _______________

1
Total Price1
Local
(1) x (2)
Birr

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BID DOCUMENT FOR

Schedule No. 6
Installation and other incidental services
Item
(1)
Currency
1
Insurance costs for insurance other than

Plant & Machinery Supply
A) Installation all risk insurance
B) Third party liability insurance
C) Automobile Liability Insurance
D) Workers Compensation
E) Employers Liability
F) Other Insurances
Unit Price1
Qty.
Description
Services for Erection, Installation

commissioning and performance trials of
Mechanical, Electrical and
instrumentation equipment and systems.
[This services to include prices of all
labour, Contractors equipment,
temporary works, materials and
Foreign
(2)
Local
(3)
Birr
Total Price1
Foreign
Local
(1) x (2)
(1) x (3)
Birr

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BID DOCUMENT FOR

Item
Description
Unit Price1
Qty.
(1)
Foreign
(2)
Currency
Local
(3)
Birr
consumables and all matter and things of

whatsoever nature including grouting
material, taxes, duties levies and charges
payable in Federal Democratic Republic
of Ethiopia including operation and
maintenance services, materials used for
erection works, provision of operation and
maintenance manual, etc]
3
Training Services
TOTAL (to Schedule No.7 Grand Summary)
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Sub-Clause 12.1 (c).
Total Price1
Foreign
Local
(1) x (2)
(1) x (3)
Birr

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BID DOCUMENT FOR

Schedule No. 7
Grand Summary
Schedule
Description
Currency
Schedule No. 1
Plant, Equipment, and Mandatory Spare Parts Supplied from Abroad (from schedule 1)
Schedule No. 2
Plant, Equipment, and Mandatory Spare Parts Supplied from Within the Employers
Country (from schedule 2)
Schedule No. 3
Insurance for Ocean and Local transportation (from schedule 3 )
Schedule No. 4
Ocean Transportation (from schedule 4 )
Schedule No. 5
Local Transportation (from schedule 5 )
Schedule No. 6
Installation and Other Incidental Services (from schedule 6 )

TOTAL (carried to Bid Form)
Name of Bidder
______________________
Signature of Bidder
______________________
Specify currency in accordance with specifications in Bid Data Sheet under ITB Clause 12.1
Total Price1
Foreign
Local
Birr

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BID DOCUMENT FOR


Schedule No. 8
Spare Parts
Item/
Equi
pt.
Code
no.
Description
Code
Qty.
(1)
\ex\works
in
Foreign
currency
2
FOB
Port of
Shipmen
t in
Foreign
currency
2
(2 a)
(2 b)
Unit Price
Insuranc
Transportation split prices
e in
leading to DDP Tendaho
Local
Site in Foreign / Local
Currenc
currency
y
(4)
Ocean
Local
(3)
freight in
transport
FC / LC
from port of
loading to
factory site in
(4 a)
LC
4(b)
EXWorks
in
Foreign
currency
2
(1) x (2a)
FOB
Port of
Shipment
in Foreign
2
currency
(1) x (2b)
Total Price
Insuranc
Transportation split
e in
prices leading to DDP
Local
Tendaho Site in
Currenc
Foreign / Local
3
y
currency
Ocean
Local
(3)
freight in
transport
FC / LC
from port
of loading
to factory
3
site in LC
Grand Total
TOTAL
Code
Country
Name of Bidder
Signature of Bidder
1
2
______________________
___________________
Bidders shall enter a code representing the country of origin of all imported plant and equipment.
Specify currency.
Tot
al in
FC
Total
in LC

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BID DOCUMENT FOR

2. Bank Guarantee Form of Bid Security

________________________________
[Banks Name, and Address of Issuing Branch or Office]
Beneficiary:
P O Box 2574
Cape Verde Road
Addis Ababa
Ethiopia
Date: ________________
BID GUARANTEE No.:
_________________
We have been informed that.. [name of the Bidder] (hereinafter

called "the Bidder") has submitted to you its bid dated (hereinafter called "the
Bid") for the execution of Contract for Procurement and Installation of DIESEL POWER
GENERATOR PLANT for Tendaho Sugar Factory Project under Invitation for Bids No.
.. [Bid number] (the IFB).
Furthermore, we understand that, according to your conditions, bids must be supported by a

bid guarantee.
At the request of the Bidder, we .[name of Bank] hereby

irrevocably undertake to pay you any sum or sums not exceeding in total an amount of US $
25,000 [United States Dollars Twenty five Thousand only ] upon receipt by us of your first
demand in writing accompanied by a written statement stating that the Bidder is in breach of
its obligation(s) under the bid conditions, because the Bidder:
(a)
has withdrawn its Bid during the period of bid validity specified by the Bidder in
the Form of Bid; or
(b)
does not accept the correction of errors in accordance with the Instructions to
Bidders (hereinafter the ITB) of the IFB; or

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BID DOCUMENT FOR

(c)
having been notified of the acceptance of its Bid by the Employer during the
period of bid validity, (i) fails or refuses to execute the Contract Form, if
required, or (ii) fails or refuses to furnish the performance security, in
accordance with the ITB.
This guarantee will expire: (a) if the Bidder is the successful bidder, upon our receipt of
copies of the contract signed by the Bidder and the performance security issued to you upon
the instruction of the Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier
of (i) our receipt of a copy of your notification to the Bidder of the name of the successful
bidder; or (ii) twenty-eight days after the expiration of the Bidders Bid.
Consequently, any demand for payment under this guarantee must be received by us at the
office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.
_____________________________
[signature(s)]

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BID DOCUMENT FOR

3. Form of Contract Agreement
THIS CONTRACT AGREEMENT is made the
day of __________, 20
BETWEEN
Tendaho Sugar Factory Project, a company incorporated under the laws of Federal
Democratic Republic of Ethiopia and having its principal place of business at P O Box 2574,
Salfaz Building (In Front Of Atlas Hotel), Cape Verde Road, Addis Ababa, Ethiopia,
(hereinafter
called
the
Employer),
and
(2)
[name
of
Contractor]
.. .. a corporation incorporated under the laws of
.. . [country of Contractor] and having its principal place of business
at . ..[address of Contractor] (hereinafter called the Contractor).
WHEREAS the Employer desires to engage the Contractor to design, manufacture, test,
deliver, install, complete and commission certain Facilities, viz.
DIESEL POWER
GENERATIONPLANT (the Facilities) and the Contractor have agreed to such engagement
upon and subject to the terms and conditions hereinafter appearing.
NOW IT IS HEREBY AGREED as follows:
Article 1. Contract
Documents
1.1
Contract Documents (Reference GCC Clause 2)

The following documents shall constitute the Contract between
the Employer and the Contractor, and each shall be read and
construed as an integral part of the Contract:
1.2
(a)
This Contract Agreement and the Appendixes hereto
(b)
Bid and Price Schedules submitted by the Contractor
(c)
Special Conditions of Contract
(d)
General Conditions of Contract
(e)
Technical Specifications which includes General

Technical Conditions, Detailed Technical Specifications,
Technical Schedules, Terminal points & exclusions,
Performance parameters and drawings
(f)
Procedures (as listed)
(g)
[Any other documents shall be added here]
Order of Precedence (Reference GCC Clause 2)

In the event of any ambiguity or conflict between the Contract
Documents listed above, the order of precedence shall be the
order in which the Contract Documents are listed in Article 1.1
(Contract Documents) above.

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BID DOCUMENT FOR

1.3
Definitions (Reference GCC Clause 1)

Capitalized words and phrases used herein shall have the
same meanings as are ascribed to them in the General
Conditions of Contract.
Article 2. Contract
Price and Terms
of Payment
2.1
Contract Price (Reference GCC Clause 11)

The Employer hereby agrees to pay to the Contractor the
Contract Price in consideration of the performance by the
Contractor of its obligations hereunder. The Contract Price
shall be the aggregate of:
[amount
of
foreign
currency
in
words],
..[amount
in
figures]
and
[amount of Local
currency in words], ..[amount in figures] as
specified in Price Schedule No. 7 (Grand Summary), or such
other sums as may be determined in accordance with the terms
and conditions of the Contract.
2.2
Terms of Payment (Reference GCC Clause 12)

The terms and procedures of payment according to which the
Employer will reimburse the Contractor are given in the
corresponding Appendix (Terms and Procedures of Payment)
hereto.
The Employer shall instruct its bank to issue an irrevocable
confirmed documentary credit made available to the Contractor
in a bank in the country of the Contractor. The credit shall be
for an amount of [to insert an amount equal to
the total named in Schedule 1 less the advance payment to be
made for Plant and Equipment supplied from abroad]; and shall
be subject to the Uniform Customs and Practice for
Documentary Credits 1993 Revision, ICC Publication No. 500.
In the event that the amount payable under Schedule No. 1 is
adjusted in accordance with GCC 11.2 or with any of the other
terms of the Contract, the Employer shall arrange for the
documentary credit to be amended accordingly.
[Similar provision for the payment of the items listed in
Schedule 2 if the bid offer includes supplies from within the
Employers country and for other payments listed in Schedules
3,4,5 &6 can be inserted here at the time of Contract ]

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BID DOCUMENT FOR

Article 3. Effective
Date for
Determining Time
for Completion
3.1
Effective Date (Reference GCC Clause 1)

The Time of Completion of the Facilities shall be determined
from the date when all of the following conditions have been
fulfilled:
(a)
This Contract Agreement has been duly executed for and

on behalf of the Employer and the Contractor;
(b)
The Contractor has submitted to the Employer the

performance security and the advance payment
guarantee;
(c)
The Employer has paid the Contractor the advance

payment
(d)
The Contractor has been advised that the documentary

credit referred to in Article 2.2 above has been issued in
its favour.
Each party shall use its best efforts to fulfil the above conditions
for which it is responsible as soon as practicable.
Article 4.
Appendixes
3.2
If the conditions listed under 3.1 are not fulfilled within two (2)
months from the date of this Contract notification because of
reasons not attributable to the Contractor, the parties shall
discuss and agree on an equitable adjustment to the Contract
Price and the Time for Completion and/or other relevant
conditions of the Contract.
4.1
The Appendixes listed in the attached List of Appendixes shall

be deemed to form an integral part of this Contract Agreement.
4.2
Reference in the Contract to any Appendix shall mean the

Appendixes attached hereto, and the Contract shall be read
and construed accordingly.
IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to
be duly executed by their duly authorized representatives the day and year first above
written.
Signed by, for and on behalf of the Employer
[Signature]
[Title]

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BID DOCUMENT FOR
in the presence of
Signed by, for and on behalf of the Contractor
[Signature]
[Title]
in the presence of
APPENDIXES
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
Appendix 7
Appendix 8
Terms and Procedures of Payment

Price Adjustment
Insurance Requirements
Time Schedule
List of Approved Subcontractors
Scope of Works and Supply by the Employer
List of Documents for Approval or Review
Functional Guarantees
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Appendix 1. Terms and Procedures of Payment
In accordance with the provisions of GCC Clause 12 (Terms of Payment), the Employer
shall pay the Contractor in the following manner and at the following times, on the basis of
the Price Breakdown given in the section on Price Schedules. Payments will be made in the
currencies quoted by the Bidder unless otherwise agreed between the parties. Applications
for payment in respect of part deliveries may be made by the Contractor as work proceeds.
TERMS OF PAYMENT
Schedule No. 1
Plant and Equipment Supplied from Abroad
In respect of plant and equipment supplied from abroad, the following payments shall be
made:
Ten percent (10%) of the total FOB amount as an advance payment against receipt of
invoice and an irrevocable advance payment security for the equivalent amount made out in
favour of the Employer. The advance payment security may be reduced in proportion to the
value of the plant and equipment shipped FOB or delivered to the site, as evidenced by
shipping and delivery documents.
Eighty percent (80%) of the total or pro rata FOB amount upon Incoterm FOB within fortyfive (45) days after receipt of invoice and shipping documents. In the event that shipping is
delayed upon the written instruction of the Employer for more than twenty-eight (28) days
beyond the date shown in the Program of Performance provided in accordance with GCC
Sub-Clause 18.2, the Contractor may make application for this part of the payment against
warehouse receipts, provided always that the plant and equipment are ready for shipment
on the date shown in the said Program.
Ten percent (10%) of the total FOB amount upon issue of the Operational Acceptance
Certificate, within forty-five (45) days after receipt of invoice or if there is no acceptance , a
certificate signed by Employer confirming that the Contractor issues a Bank Guarantee for
equivalent amount.
Schedule No. 2. Plant and Equipment Supplied from within the Employers Country
In respect of plant and equipment supplied from within the Employers country, the following
payments shall be made:
Ten percent (10%) of the total Ex-works amount in local currency as an advance payment
against receipt of invoice, and an irrevocable advance payment security for the equivalent
amount made out in favour of the Employer. The advance payment security may be reduced
in proportion to the value of the plant and equipment delivered to the site, as evidenced by
shipping and delivery documents.
Eighty percent (80%) of the total or pro rata DDU amount upon Incoterm Ex-Works, upon
delivery to the site within forty-five (45) days after receipt of invoice.

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Ten percent (10%) of the total or pro rata Ex-works amount upon issue of the Operational
Acceptance Certificate, within forty-five (45) days after receipt of invoice.
Schedule No. 3. Insurance on Sea and Inland Transport
One hundred percent (100%) of the insurance amount indicated in the schedule of prices
in local currency
Schedule no 4. Sea Transportation
Bidders should note that shipping of goods should be by Ethiopian Shipping lines
WHEREVER AVAILABLE /OPERATING and only in other shipping lines where such
facilities are not available. Bidder should classify his cargo and submit his bid/ bid price
according to proposed port of shipment/ and availability of Ethiopian shipping lines.
Where Ethiopian Shipping Lines do not ply to Port of Shipping
-
Interest free advance payment equal to twenty percent (20%) of the amount in the
schedules of prices for the transportation (sea) of the plant against a bank
guarantee.
Eighty percent (80%) of the amount in the schedule of prices for sea transportation
upon delivery of the plant at port of landing, following the presentation of any valid
documentation proving receipt of Plant at Port of landing . Bank guarantee shall be
released upon the presentation of any valid documentation proving receipt of Plant at
Port of landing
Where Ethiopian Shipping Lines ply to Port of Shipping

-
No advance payment will be made.
Hundred percent (100%) of the amount in the schedule of prices for sea
transportation upon delivery of the plant at port of landing, following the presentation
of any valid documentation proving receipt of Plant at Port of landing .
Schedule no 5. Inland Transportation

-
No advance payment will be made.
Hundred percent (100%) of the amount in the schedule of prices for Inland
transportation from Port of Djibouti & upon delivery of the plant at Project site at
Tendaho, following the presentation of any valid documentation proving provisional
acceptance of plant at site of erection.
Schedule No. 6. Installation and other incidental Services

In respect of installation services for both the foreign and local currency portions, the
following payments shall be made:

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Ten percent (10%) of the total installation services amount as an advance payment against
receipt of invoice, and an irrevocable advance payment security for the equivalent amount
made out in favour of the Employer. The advance payment security may be reduced in
proportion to the value of work performed by the Contractor as evidenced by the invoices for
installation services.
Eighty percent (80%) of the measured value of work performed by the Contractor, as
identified in the said Program of Performance, during the preceding month, as evidenced by
the Employers authorization of the Contractors application, will be made monthly within
forty-five (45) days after receipt of invoice.
Five percent (5%) of the total or pro rata value of installation services performed by the
Contractor as evidenced by the Employers authorization of the Contractors monthly
applications, upon issue of the Completion Certificate, within forty-five (45) days after receipt
of invoice.
Five percent (5%) of the total or pro rata value of installation services performed by the
Contractor as evidenced by the Employers authorization of the Contractors monthly
applications, upon issue of the Operational Acceptance Certificate, within forty-five (45) days
after receipt of invoice.
In the event that the Employer fails to make any payment on its respective due date, the
Employer shall pay to the Contractor interest on the amount of such delayed payment at the
rate of one percent [1%] per month above LIBOR for foreign currency and One percent (1%)
per month above Bank rate prescribed by the Central Bank in Ethiopia for period of delay
until payment has been made in full.
PAYMENT PROCEDURES
The procedures to be followed in applying for certification and making payments shall be as
follows:
Any advance payment shall not include a portion of the Provisional Sums.
Payments to the contractor will be made in the currencies and in the amounts indicated in
the Tender, subject to all other requirements of this clause and such adjustments as are
incorporated in the signed agreement.
The Contractor shall supply to the Project Managers evidence of having re-exported all
Contractors equipment imported under the provisions of the Contract at the completion of
the facilities and before final payment is made.
Payments for any part or parts of the Facilities by the Employer shall not be construed as
relieving the Contractor.
Provided that if at the time of tendering the Contractor shall stipulate for portions of the
Contract Price to be paid in foreign currencies the Employer shall make available facilities
for the payment of such portions of the Contract Price in the relevant foreign currencies as
specified. The cost of transferring the money to another currency shall be borne by the

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Employer provided such currency is the one named in the Tender.
The exchange rates for determining the amount of the relevant foreign currencies required
by the Contractor wilt be the exchange issued by National Bank of Ethiopia at the date of
pre-tender meeting.
Where contract has stipulated portions of the Contract Price to be paid in foreign currencies,
such payments shall be made in the relevant foreign currencies and not in Ethiopian Birr.
Where contract has stipulated portions of the Contract Price to be paid in Local Currency,
such payments shall be made in local currencies.
The advance payments will be made by means of direct telegraphic transfer.
If the contractor provides for payment by means of a letter of credit, the Employer will
arrange the letter of credit. The Employer will pay all banking fees and other costs incurred
by the Employer in raising and maintaining the letter of credit, which is to be issued by the
Commercial Bank of Ethiopia. If the contractor requires Letter of Credit confirmation then
Letter of credit confirmation charges both inside and outside Ethiopia shall be borne by the
Contractor.
In case the Letter of Credit shall be extended because of the default caused by the
Contractor, all costs involved in the extension of the Letter of Credit shall be born by the
Contractor.

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Appendix 2. Price Variation
[ NOT APPLICABLE ]
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Appendix 3. Insurance Requirements
Insurances to be taken out by the Contractor
In accordance with the provisions of GCC Clause 34, the Contractor shall at its expense
take out and maintain in effect, or cause to be taken out and maintained in effect, during the
performance of the Contract, the insurances set forth below in the sums and with the
deductibles and other conditions specified. The identity of the insurers and the form of the
policies shall be subject to the approval of the Employer, such approval not to be
unreasonably withheld.
(a)
Cargo Insurance
Covering loss or damage occurring, while in transit from the suppliers or
manufacturers works or stores until arrival at the Site, to the Facilities (including spare
parts therefor) and to the construction equipment to be provided by the Contractor or
its Subcontractors.
Amount
Deductible limits
Parties insured
From
To
For 110% of the Cargo CIF Value

5% of any individual claim
Employer
Contractors / Manufacturers Works
Project Site
On All Risk basis including War Risks and strike clauses

(b)
Installation All Risks Insurance

Covering physical loss or damage to the Facilities at the Site, occurring prior to
completion of the Facilities, with an extended maintenance coverage for the
Contractors liability in respect of any loss or damage occurring during the defect
liability period while the Contractor is on the Site for the purpose of performing its
obligations during the defect liability period.
Amount
Deductible limits
Parties insured
Full Replacement cost of the equipment

5% of any individual claim
Employer jointly with the Contractor

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(c)
Third Party Liability Insurance

Covering bodily injury or death suffered by third parties (including the Employers
personnel) and loss of or damage to property (including the Employers property and
any parts of the Facilities that have been accepted by the Employer) occurring in
connection with the supply and installation of the Facilities.
Amount for injury or death
(d)
-For the Contractors employees 60 months

earning of the employee and for other people
US $ 50,000 per person.
Amount for loss or damage

to property
- Cost of the property
Deductible limits
-Nil
Parties insured
- Contractor
Automobile Liability Insurance

Covering use of all vehicles used by the Contractor or its Subcontractors (whether or
not owned by them) in connection with the supply and installation of the Facilities.
Comprehensive insurance in accordance with statutory requirements in Ethiopia.
(e)
Workers Compensation
In accordance with the statutory requirements applicable in Ethiopia.
(f)
Employers Liability
In accordance with the statutory requirements applicable in Ethiopia
(g)
Other Insurances
The Contractor is also required to take out and maintain at its own cost the following
insurances:
Details:
Amount Deductible limits
[in currency(ies)]
Parties insured
[names]
From
[place]
To
[place]
The Employer shall be named as co-insured under all insurance policies taken out by the
Contractor pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability, Workers
Compensation and Employers Liability Insurances. The Contractors Subcontractors shall
be named as co-insured under all insurance policies taken out by the Contractor pursuant to
GCC Sub-Clause 34.1, except for the Cargo, Workers Compensation and Employers
Liability Insurances. All insurers rights of subrogation against such co-insured for losses or
claims arising out of the performance of the Contract shall be waived under such policies.

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Insurances To Be Taken Out By The Employer
The Employer shall at its expense take out and maintain in effect during the performance of
the Contract the following insurances. The list of insurances can be inserted here at the time
of Contract.
Details:
Amount
Deductible limits
[in currency(ies)]
Parties insured
[names]
From
[place]
To
[place]

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Appendix 4. Time Schedule
1.
The basic considerations and the essence of the 'Contract' shall be the strict
adherence to the time schedule for completion of facilities.
2.
The time and the date of completion of the Facilities as stipulated in the bid
document shall be deemed to be the essence of the Contract. The Contractor shall
so organise his resources and perform this work so as to complete it not later than
the time agreed to.
3.
The Contractor shall submit a detailed PERT network for the time frame specified,
consisting of adequate number of activities covering various key phases of the
Contract such as design, procurement, manufacturing at works, despatch activities,
according to sequence of erection, testing and commissioning.
The Contractor shall discuss the network so submitted with the Employer and the
agreed network, which maybe in the form as submitted or in revised form in line with
the outcome of discussions shall form part of the Contract. If in the opinion of the
Employer / Project Manager proper progress is not maintained, suitable changes
shall be made in the Contractor's operations to achieve the time schedule specified
in the notification of award.
4.
The above PERT network shall be reviewed and periodic review reports shall be
submitted by the Contractor as desired by the Employer.
5.
Subsequent to effective date of contract, the Contractor shall make available to the
Employer within thirty (30) days a detailed manufacturing program, in line with the
agreed PERT network.
Such manufacturing program shall be reviewed, updated and submitted to the
Employer / Project Manager once in every two months thereafter.
6.
The Employer reserves the right to withhold payments for Contractor's failure to
comply with the above.
7.
The following salient features of time schedule laid out for major activities involved in
completion of facilities calculated from the effective date of contract till completion of
all the activities. Since the Contract is of turnkey nature[ excluding civil works ], the
time schedule indicated for all the activities up to and excluding Completion of
Facilities might have some variations at the Contractors end , suiting to
methodology / Planning of execution by the Contractor.
But the contractor is expected to adhere to time indicated for Completion of
Facilities and this specific time schedule will be considered as Completion date
given in Bid Data Sheet [ ITB Clause 25.3 (b) ] .The Contractor shall confirm that his
Program of completion of facilities shall be formulated accordingly.

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8.
Salient features of the time schedule are furnished below. Effective date of Contract
has been considered as Zero date
Sr.
No.
1.
Major Activities Involved

Effective date of Contract
Minimum
WEEKS
0
Maximum
WEEKS
0
Contractor to submit all layouts, general

assembly drawings and specifications for the
approval of the Project Manager.
10
12
Contractor to furnish all loading data and

cutouts on foundations and other details
needed for foundation designing and planning
civil engineering works.
14
16
Submission of final equipment specification,

drawings and all other related data and
mechanical, electrical and instrumentation
details to the Employer.
18
20
Contractor to be at site to put up temporary

works, receive and store material, for site
mobilization, preparation of initial activities .
38
40
DIESEL GENERATOR No-1
Receipt of Diesel Gen set no-1 and Crane and

other facilities at site and completion of
supplies
40
44
Completion of Erection of Diesel set no-1 &

other facilities at site
44
47
Completion of Facilities ; Set 1
48
49
Commissioning of DIESEL GENERATOR

PLANT; Set 1
50
51
Guarantee tests and Operational Acceptance;

Set 1
52
53
Receipt of DIESEL GENERATOR -2 at site

and completion of supplies
44
48
Completion of Erection of DIESEL

GENERATOR PLANT 2 at site
48
51
Completion of Facilities ; Set -2
52
53

PLANT; Set 1
54
55

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Sr.
No.
e
Major Activities Involved

Set 2
Minimum
WEEKS
56
Maximum
WEEKS
57
Receipt of DIESEL GENERATOR -3 at site

and completion of supplies
48
52
Completion of Erection of DIESEL

GENERATOR PLANT 3 at site
52
55
Completion of Facilities ; Set -3
56
57

PLANT; Set 3
58
59

Set 3
60
61

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Appendix 5. List of Approved Subcontractors
The following Subcontractors are approved for carrying out the item of the facilities
indicated. Where more than one Subcontractor is listed, the Contractor is free to choose
between them, but it must notify the Employer of its choice in good time prior to appointing
any selected Subcontractor. In accordance with GCC Sub-Clause 19.1, the Contractor is
free to submit proposals for Subcontractors for additional items from time to time. No
Subcontracts shall be placed with any such Subcontractors for additional items until the
Subcontractors have been approved in writing by the Employer and their names have been
added to this list of Approved Subcontractors.
Item of Facilities
Approved Subcontractors
Nationality
[ To be inserted here at the time of finalizing the Contract ]

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Appendix 6. Scope of Works and Supply by the Employer
1.
General
1.1
The following personnel, facilities, works and supplies will be provided/supplied by

the Employer, and the provisions of GCC Clauses 10, 21 and 24 shall apply as
appropriate.
1.2
All personnel, facilities, works and supplies will be provided by the Employer in good
time so as not to delay the performance of the Contractor, in accordance with the
approved Time Schedule and Program of Performance pursuant to GCC Sub-Clause
18.2.
1.3
Unless otherwise indicated, all personnel, facilities, works and supplies will be
provided free of charge to the Contractor.
2.
Scope
2.1)
Personnel
Only operating and maintenance personnel will be provided after completion of
facilities onwards for trials, commissioning , guarantee tests and further regular
running.
2.2)
Facilities
2.2.1
Water for the Facilities and for the contractor's use

1
The Employer shall provide water for use of the Contractor for carrying out
the works at one point on the site. Further distribution of water for works shall
be carried out by the Contractor.
The Employer shall provide potable water, in the form and content as is
available to the employees of Employer, at one point on the area allocated for
Contractor's staff houses. The Contractor shall make his own arrangement
for further distribution of water to his staff houses.
The Contractor's labourers accommodated at the site, shall be provided free

access to the sources of water as are available to the Employer's labourers.
Upon a written request of the Contractor, the Employer shall allow him to
supplement the existing potable water facility for use of his labourers. The
Contractor shall supplement the existing facility at his own cost .
The Employer shall provide water for use as stated above free of charge.
The Contractor shall inform the Project Manager, with a copy to the
Employer, of the estimated requirement of water for the Facilities and his
staff houses and labour camp.

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The Contractor shall make arrangement of water storage at site for the
Facilities and for staff houses and labour camp at his own cost.
Not Withstanding the above, the Employer shall not be responsible for any
disruption in the supply of water.
2.2.2
Electricity for the Facilities and for the Contractor's use
The site does not have provision of electricity supply from the state grid network. The
Employer through this bid will be installing Diesel Generators to meet the electricity
needs of the site. As such the Employer will not be able to provide electrical power at
the site for the purpose of facilities and for Contractors Use. The Contractor shall
make his own arrangement for electrical power for the works.
In view of above, The Contractor shall provide electricity, for lighting and domestic
electrical gadgets, to all his staff houses.
Any temporary electrical installation work at the site, required for erection or
construction works, shall be approved by the electrical inspectorate of Government
of Federal Democratic Republic of Ethiopia. No unauthorized person shall be
deployed for installation of such works.
2.2.3
Accommodation for Contractor's personnel
The contractor shall make his own arrangement for accommodation for all the
categories of his staff for which the Employer will provide an area of land. Water and
electricity shall be provided by the employer at no cost (but subject to availability) to
the housing accommodation of contractors personnel.
The Contractor shall ensure that his employees do not misuse or waste the electricity
or water provided by the Employer.
The Contractor shall be responsible for maintaining high standards of sanitation and
health and shall take immediate corrective action when directed by the Employer or
the local authorities.
The Contractor upon completion of the Contract, remove all camps and housing
together with all associated services including all necessary water supplies and
installations for drinking and other purposes, sanitation, drainage, refuse disposal,
fencing and fire fighting equipment.
5.
All buildings and all sheds and temporary structures which the Contractor may erect
for his own purposes shall be erected only on land placed at the Contractors
disposal by the Employer. Such facilities in respect of design, situation, layout, water
supply, washing and cooking facilities, lighting, sanitary and health arrangements
and welfare be appropriate in all respects for their purpose, shall comply with
relevant laws and regulations and be subject to the approval of the Project Manager.

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2.2.4
Storage area for storage of plant and machinery received
1.
The Employer shall provide vacant land for storage of plant and machinery supplied
by the Contractor prior to their installation. It will be the responsibility of the
Contractor to deploy proper security staff, fence the area properly, and protect from
rain, protect from theft etc.
2.
Subject to availability, the Employer may provide any closed storage areas for
storage of valuable components of plant and machinery. It will be the responsibility of
the Contractor to deploy proper security staff, protect from theft etc.
3.
In the event of non-availability of such closed storage areas from the Employer, the
Contractor shall make his own arrangements as a part of temporary works.
2.3
Facilities
2.3.1
The Employer will carryout all the related civil foundations and other related works of
the diesel power generator plant and ancillaries. However the Contractor is
responsible for initial & final grouting of related machinery, structures and equipment
including supply of grouting material.
2.3.2
The Contractor shall make his own arrangements for carrying out any machine shop
facilities required during the erection and commissioning. In case of emergency, the
Employer subject to availability, can make available existing machine shop facilities
on chargeable basis
2.4
Supplies
The Employer will not be making any of the supplies in the contract except for the
following.
-
2.5
Lubricants if any other than initial filling

Fuel required for running of DG sets in sufficient quantity
Other responsibilities
The Employer shall provide possession of and access to all other areas reasonably
required for the proper execution of the Contract including all requisite rights of way.
The Employer shall give full possession of and accord all access thereto on or before
__________ [date to be mentioned while finalizing the contract ]

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Appendix 7. List of Documents for Approval or Review
Pursuant to GCC Sub-Clause 20.3.1, the Contractor shall prepare, or cause its
Subcontractor to prepare, and present to the Project Manager in accordance with the
requirements of GCC Sub-Clause 18.2 (Program of Performance), the following documents.
For Approval.
The Contractor will be required to submit triplicate copies of his working drawings and
design calculations as appropriate to the Project Manager. The Project Manager will signify
his approval or any amendments required within 14 days of receiving the drawings or
calculations, returning one copy to the Contractor. Drawings which are not approved, shall
be resubmitted in accordance with the above procedure. The Contractor shall issue two
copies of drawings as Approved, one copy to the employer and one copy to the Project
Manager plus any further copies for his further use.
Any approval given by the Project Manager shall not relieve the Contractor of his
responsibility for the design and functional requirements of the diesel power generation
plant. The Contractor shall bear the cost of any alterations necessary due to non compliance
with the standards and codes referred in Section VI-C.
The Contractor shall allow in his bid for the cost of transmittal of all drawings, calculations
etc. for approval and drawings as approved to and from India and Ethiopia as appropriate.
The drawings and documents which needs approval are as under.
1.
Detailed specification of equipment / component / systems included in the contract.
2.
Shop layout drawings of the Facilities [complete diesel power generator plant] showing
plan, elevation views of engine generator set and ancillary equipment including daily
tank and storage tank, fuel consumption rate curves and fuel consumption rate at 25%,
50%, 75% and 100% load, ventilation and combustion air requirements, and power
and control system electrical diagrams - terminal points. The DIESEL POWER
GENERATOR PLANT shall be accommodated in the house shown in the enclosed
layout drawing.
3.
Cross sectional elevations, general arrangement drawing showing individual

equipment in the DIESEL POWER GENERATION PLANT.
4.
Detailed floor plan for the generator units showing individual set disposition, foundation
plan together with berthing diagrams, static and dynamic loadings cut outs and
openings and through holes to be opened for piping, electric cabling, instrumentation
cabling etc.; preferred location of control panel and other details to permit design of
Civil engineering works.

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5.
Flow diagrams showing sizes of pipes, showing levels, location of all valves and
fittings for following
-
Fuel oil
Service water
Cooling water if any
Drains
Exhaust piping
6.
Electronic circuit diagrams for instrumentation
7.
Cable routing diagram
8.
Drawings as issued for execution at site

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Appendix 8. Functional Guarantees
1.
General
This Appendix sets out
(a) the functional guarantees referred to in GCC Clause 28 (Functional Guarantees)
(b) the preconditions to the validity of the functional guarantees, either in production
and/or consumption, set forth below
(c) the minimum level of the functional guarantees
(d) the formula for calculation of liquidated damages for failure to attain the
functional guarantees.
2.
Preconditions
The Contractor gives the functional guarantees (specified herein) for the facilities,
subject to the following preconditions being fully satisfied:
The Employer shall provide sufficient, properly qualified operating and maintenance
personnel; shall supply and make available fuel oil for the duration setout for
guarantee tests, utilities, lubricants and oil other than initial fill ,and any other
materials and facilities; and shall perform all work and services of whatsoever nature,
including those required by the Contractor to properly carry out Pre-commissioning,
Commissioning and Guarantee Tests.
2.2
The portable test banks required for carrying the load tests of generators will be
arranged by the Contractor.
2.3
Duration of tests
Two full load tests utilizing the Contractors Test Bank / available Employers load for
each of the generator set. Each test of FOUR hours minimum including starting
cycle, synchronization with other unit/s for parallel operation and shut down cycle.
During the test, the following readings will be recorded at every 20 minutes intervals:
1.
2.
3.
4.
5.
6.
7.
Kilowatts
Amperes
Voltage
Coolant temperature
Room temperature
Frequency
Oil pressure

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8.
Fuel Consumption
Similarly Two load tests at ten percent [ 10% ] overload utilizing the Contractors
Test Bank / available Employers load for each of the generator set. Each test of
ONE hour shall be conducted.
Test alarm and shutdown circuits by simulating conditions also need to be
demonstrated and proved.
3.
Functional Guarantees
Subject to compliance with the foregoing preconditions, the Contractor guarantees as
follows:
3.1
Power Generation Capacity

[LIST HERE THE POWER GENERATION CAPACITY THAT THE CONTRACTOR
IS TO GUARANTEE, MAKING SURE TO USE, AS FUNCTIONAL GUARANTEES,
THE FIGURES OFFERED BY THE CONTRACTOR IN ITS BID.]
and
3.2
Diesel oil Consumption

[TO LIST HERE THE GUARANTEED DIESEL OIL CONSUMPTION PER UNIT OF
PRODUCTION (E.G., Grams/ KWh, .) THAT THE CONTRACTOR IS TO
GUARANTEE, MAKING SURE TO USE, AS FUNCTIONAL GUARANTEES, THE
FIGURES OFFERED BY THE CONTRACTOR IN ITS BID.]
4.
Failure in Guarantees and Liquidated Damages
4.1
Failure to Attain Guaranteed Power Generation Capacity

If the Power Generation capacity of each of the Diesel Generator attained in the
guarantee test, pursuant to GCC Sub-Clause 25.2, is less than the guaranteed figure
specified in para. 3.1 above , but the actual power generation capacity attained in the
guarantee test is not less than the minimum level specified in para. 4.3 below, and the
Contractor elects to pay liquidated damages to the Employer in lieu of making
changes, modifications and/or additions to the Facilities, pursuant to GCC Sub-Clause
28.3, then the Contractor shall pay liquidated damages at the rate of 5,000 US Dollars
for every complete one half percent (0.5%) of the deficiency in the production capacity
of the Facilities, or at a proportionately reduced rate for any deficiency, or part thereof,
of less than a complete one half percent (0.5%).

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BID DOCUMENT FOR

4.2
Diesel oil Consumption in Excess of Guaranteed Level

If the actual measured figure of diesel oil consumed per unit (or their average total
cost of consumption) exceeds the guaranteed figure specified in para. 3.2 above (or
their specified average total cost of consumption), but the actual consumption
attained in the guarantee test, pursuant to GCC Sub-Clause 25.2, is not more than
the maximum level specified in para. 4.3 below, and the Contractor elects to pay
liquidated damages to the Employer in lieu of making changes, modifications and/or
additions to the Facilities pursuant to GCC Sub-Clause 28.3, then the Contractor
shall pay liquidated damages at the rate of US Dollars 5,000 for every complete one
half percent (0.5%) of the excess consumption of the Facilities, or part thereof, of
less than a complete one half percent (0.5 %).
4.3
Minimum Levels
Notwithstanding the provisions of this paragraph, if as a result of the guarantee
test(s), the following minimum levels of performance guarantees (and consumption
guarantees) are not attained by the Contractor, the Contractor shall at its own cost
make good any deficiencies until the Facilities reach any of such minimum
performance levels, pursuant to GCC Sub-Clause 28.2:
(a)
Power Generation capacity of each of Generator attained in the guarantee

test: ninety-five percent (95%) of the guaranteed Power Generation capacity
and
(b)
5.
average total diesel oil consumption of each of the Diesel Engine:

hundred and five percent (105%) of the guaranteed figures .
one
Limitation of Liability
Subject to para. 4.3 above, the Contractors aggregate liability to pay liquidated
damages for failure to attain the functional guarantees shall not exceed Ten percent (
10 %) of the Contract price

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BID DOCUMENT FOR

4. Bank Guarantee Form for Performance Security
________________________________ [Banks Name, and Address of Issuing Branch or
Office]
Beneficiary:
P O Box 2574
Cape Verde Road
Addis Ababa
Ethiopia
Date: ________________
PERFORMANCE GUARANTEE No.:
_________________
We have been informed that . . .[name of Contractor]

(hereinafter called "the Contractor") has entered into Contract No. . .[reference
number of the contract] dated ____________ with you, for the execution of Contract for
Procurement and Installation of diesel power generator plant on Turnkey basis for Tendaho
Sugar Factory Project (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a performance
guarantee is required.
At the request of the Contractor, we. [name of Bank] hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of
[amount in figures] (___) [amount in words]1., upon receipt by us of your
first demand in writing accompanied by a written statement stating that the Contractor is in
breach of its obligation(s) under the Contract, without your needing to prove or to show
grounds for your demand or the sum specified therein.
This guarantee shall be reduced by half upon our receipt of:
(a)
a copy of the Operational Acceptance Certificate; or
The Guarantor shall insert an amount representing the percentage of the Contract Price specified
in the Contract and denominated either in the currency(ies) of the Contract or a freely convertible
currency acceptable to the Employer.

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BID DOCUMENT FOR

(b)
a registered letter from the Contractor (i) attaching a copy of its notice
requesting issuance of the Operational Acceptance Certificate and (ii) stating
that the project manager has failed to issue such Certificate within the time
required or provide in writing justifiable reasons why such Certificate has not
been issued, so that Operational Acceptance is deemed to have occurred.
This guarantee shall expire no later than the earlier of:2

(a)
twelve months after our receipt of either (a) or (b) above; or
(b)
eighteen months after our receipt of:
(c)
(i)
a copy of the Completion Certificate; or
(ii)
a registered letter from the Contractor, attaching a copy of the notice

to the project manager that the Facilities are ready for commissioning,
and stating that fourteen days have elapsed from receipt of such
notice (or seven days have elapsed if the notice was a repeated
notice) and the project manager has failed to issue a Completion
Certificate or inform the Contractor in writing of any defects or
deficiencies; or
(iii)
a registered letter from the Contractor stating that no Completion

Certificate has been issued but the Employer is making use of the
Facilities; or
the ____ day of _____, 2___.3
Consequently, any demand for payment under this guarantee must be received by us at this
office on or before that date.
[This text shall be revised as and where necessary to take into account (i) partial acceptance of
the Facilities in accordance with Sub-Clause GCC 25.4; and (ii) extension of the performance
security when the Contractor is liable for an extended warranty obligation pursuant to Sub-Clause
27.10 of the GCC (although in the latter case the Employer might want to consider an extended
warranty security in lieu of the extension of the performance security).]
[To insert the date twenty-eight days after the expected expiration date of the Defect Liability
Period. The Employer should note that in the event of an extension of the time for completion of
the Contract, the Employer would need to request an extension of this guarantee from the
Guarantor. Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Employer might consider adding the
following text to the form, at the end of the penultimate paragraph: The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [six months][one year], in
response to the Employers written request for such extension, such request to be presented to
the Guarantor before the expiry of the guarantee.]

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BID DOCUMENT FOR

458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
________________
[signature(s)]

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BID DOCUMENT FOR

5. Bank Guarantee Form for Advance Payment

[Banks Name, and Address of Issuing Branch or Office]
Beneficiary:
P O Box 2574
Cape Verde Road
Addis Ababa
Ethiopia
Date: ________________
ADVANCE PAYMENT GUARANTEE No.: _________________
We have been informed that [name of Contractor] (hereinafter
called "the Contractor") has entered into Contract No. [reference
number of the contract] dated .[date] with you, for the execution of
Contract for Procurement and Installation of diesel power generator plant on Turnkey basis
for Tendaho Sugar Factory Project (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance

payment in the sum [amount in figures] (____) [amount in words] is to be made against an
advance payment guarantee.1
At the request of the Contractor, we .[name of Bank]

hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount
of [amount in figures] (____) [amount in words]. upon
receipt by us of your first demand in writing accompanied by a written statement stating that
the Contractor is in breach of its obligation under the Contract because the Contractor used
the advance payment for purposes other than toward the execution of the Works.
It is a condition for any claim and payment under this guarantee to be made that the
advance payment referred to above must have been received by the Contractor on his
account
number
___________
at
[name
and
address
of
Bank.].

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BID DOCUMENT FOR

The maximum amount of this guarantee shall be progressively reduced in proportion to the
value of each part-shipment or part-delivery of plant and equipment to the site, as indicated
in copies of the relevant shipping and delivery documents that shall be presented to us. This
guarantee shall expire, at the latest, upon our receipt of documentation indicating full
repayment by the Contractor of the amount of the advance payment, or on the ___ day of
_______, 2___, whichever is earlier.4 Consequently, any demand for payment under this
guarantee must be received by us at this office on or before that date.
458.
_____________________
[signature(s)]
Insert the expected expiration date of the Time for Completion. The Employer should
note that in the event of an extension of the time for completion of the Contract, the
Employer would need to request an extension of this guarantee from the Guarantor.
Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: The
Guarantor agrees to a one-time extension of this guarantee for a period not to exceed
[six months][one year], in response to the Employers written request for such extension,
such request to be presented to the Guarantor before the expiry of the guarantee.

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BID DOCUMENT FOR

6. Form of Completion Certificate

Date:
BID No.:______
CONTRACT FOR DIESEL POWER GENERATION PLANT FOR TENDAHO SUGAR
FACTORY PROJECT
To: [Name and address of Contractor]
Dear Ladies and/or Gentlemen,
Pursuant to GCC Clause 24 (Completion of the Facilities) of the General Conditions of the
Contract entered into between yourselves and the Employer dated [date],
relating to the procurement and installation of DIESEL POWER GENERATION PLANT on
turnkey basis for Tendaho Sugar Factory Project, we hereby notify you that the following
part(s) of the Facilities was (were) complete on the date specified below, and that, in
accordance with the terms of the Contract, the Employer hereby takes over the said part(s)
of the Facilities, together with the responsibility for care and custody and the risk of loss
thereof on the date mentioned below.
1.
2.
Description of the Facilities or part thereof: [description]

Date of Completion: [date]
However, you are required to complete the outstanding items listed in the attachment hereto
as soon as practicable.
This letter does not relieve you of your obligation to complete the execution of the Facilities
in accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
___________________________________________________
Title
(Project Manager)

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BID DOCUMENT FOR

7. Form of Operational Acceptance Certificate
Date: __________
BID No:__
_____
CONTRACT FOR DIESEL POWER GENERATION PLANT FOR TENDAHO SUGAR
FACTORY PROJECT
To: [Name and address of Contractor]
Dear Ladies and/or Gentlemen,
Pursuant to GCC Sub-Clause 25.3 (Operational Acceptance) of the General Conditions of
the Contract entered into between yourselves and the Employer dated
.[date], relating to the procurement and installation of DIESEL POWER
GENERATION PLANT on turnkey basis for Tendaho Sugar Factory Project, we hereby
notify you that the Functional Guarantees of the following part(s) of the Facilities were
satisfactorily attained on the date specified below.
1.
Description of the Facilities or part thereof: [description]
2.
Date of Operational Acceptance: [date]
This letter does not relieve you of your obligation to complete the execution of the Facilities
in accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
_________________________________________________
Title
(Project Manager)

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BID DOCUMENT FOR

8. Change Order Procedures
Date:
Bid No:
CONTENTS
1.
2.
3.
General
Change Order Log
References for Changes
ANNEXES
Annex 1
Annex 2
Annex 3
Annex 4
Annex 5
Annex 6
Annex 7
Request for Change Proposal

Estimate for Change Proposal
Acceptance of Estimate
Change Proposal
Change Order
Pending Agreement Change Order
Application for Change Proposal
______
______

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BID DOCUMENT FOR

Change Order Procedure
1.
General
This section provides samples of procedures and forms for implementing changes in
the Facilities during the performance of the Contract in accordance with GCC Clause
39 (Change in the Facilities) of the General Conditions of Contract.
2.
Change Order Log

The Contractor shall keep an up-to-date Change Order Log to show the current status
of Requests for Change and Changes authorized or pending, as Annex 8. Entries of
the Changes in the Change Order Log shall be made to ensure that the log is up-todate. The Contractor shall attach a copy of the current Change Order Log in the
monthly progress report to be submitted to the Employer.
3.
References for Changes

(1)
Request for Change as referred to in GCC Clause 39 shall be serially numbered

CR-X-nnn.
(2)
Estimate for Change Proposal as referred to in GCC Clause 39 shall be serially

numbered CN-X-nnn.
(3)
Acceptance of Estimate as referred to in GCC Clause 39 shall be serially

numbered CA-X-nnn.
(4)
Change Proposal as referred to in GCC Clause 39 shall be serially numbered

CP-X-nnn.
(5)
Change Order as referred to in GCC Clause 39 shall be serially numbered CO-Xnnn.
Note:
(a)
Requests for Change issued from the Employers Home Office and the
Site representatives of the Employer shall have the following respective
references:
Home Office
Site
(b)
CR-H-nnn
CR-S-nnn
The above number nnn is the same for Request for Change, Estimate
for Change Proposal, Acceptance of Estimate, Change Proposal and
Change Order.

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BID DOCUMENT FOR

Annex 1. Request for Change Proposal
(Employers Letterhead)
To: [Contractors name and address]
_________
Date:
Attention: [Name and title]

Contract Name:

Contract Number:
[Contract number]
Dear Ladies and/or Gentlemen:

With reference to the captioned Contract, you are requested to prepare and submit a
Change Proposal for the Change noted below in accordance with the following instructions
within [number] days of the date of this letter [or on or before (date)].
1.
Title of Change: [Title]
2.
Change Request No./Rev.: [Number]
3.
Originator of Change:
4.
Brief Description of Change: [Description]
5.
Facilities and/or Item No. of equipment related to the requested Change: [Description]
6.
Reference drawings and/or technical documents for the request of Change:
Employer: [Name]
Contractor (by Application for Change Proposal No. [Number]5:
Drawing No./Document No.
Description
7.
Detailed conditions or special requirements on the requested Change: [Description]
8.
General Terms and Conditions:
(a)
Please submit your estimate to us showing what effect the requested Change will
have on the Contract Price.
(b)
Your estimate shall include your claim for the additional time, if any, for
completion of the requested Change.
Refer to Annex 7.

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BID DOCUMENT FOR

(c)
If you have any opinion negative to the adoption of the requested Change in
connection with the conformability to the other provisions of the Contract or the
safety of the Plant or Facilities, please inform us of your opinion in your proposal
of revised provisions.
(d)
Any increase or decrease in the work of the Contractor relating to the services of
its personnel shall be calculated.
(a) You shall not proceed with the execution of the work for the requested Change
until we have accepted and confirmed the amount and nature in writing.
__________________________________________________
(Employers Name)
__________________________________________________
(Signature)
__________________________________________________
(Name of signatory)
__________________________________________________
(Title of signatory)

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BID DOCUMENT FOR

Annex 2. Estimate for Change Proposal
(Contractors Letterhead)
To:
P O Box 2574
Cape Verde Road
Addis Ababa
Ethiopia
Date:
Contract Name:

Contract Number: [Contract number]

With reference to your Request for Change Proposal, we are pleased to notify you of the
approximate cost of preparing the below-referenced Change Proposal in accordance with
GCC Sub-Clause 39.2.1 of the General Conditions of Contract. We acknowledge that your
agreement to the cost of preparing the Change Proposal, in accordance with GCC SubClause 39.2.2, is required before estimating the cost for change work.
1.
2.
Change Request No./Rev.: [Number]
3.
4.
Scheduled Impact of Change: [Description]
5.
Cost for Preparation of Change Proposal: [Cost]6

(a)
Engineering
(i)
(ii)
(Amount)
Engineer
Draftsperson
hrs x
hrs x
Costs shall be in the currencies of the Contract.
rate/hr =
rate/hr =

TSFP

BID DOCUMENT FOR
Sub-total
hrs
Total Engineering Cost

(b)
Other Cost
Total Cost (a) + (b)
_____________________________________________________
(Contractors Name)
_____________________________________________________
(Signature)
_____________________________________________________
(Name of signatory)
______________________________________________________
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BID DOCUMENT FOR

Annex 3. Acceptance of Estimate
Date: ____________

Contract Name:


We hereby accept your Estimate for Change Proposal and agree that you should proceed
with the preparation of the Change Proposal.
1.
2.
3.
4.
5.
4.

Change Request No./Rev.: [Request number/revision]
Estimate for Change Proposal No./Rev.: [Proposal number/revision]
Acceptance of Estimate No./Rev.: [Estimate number/revision]
Other Terms and Conditions: In the event that we decide not to order the Change
accepted, you shall be entitled to compensation for the cost of preparation of Change
Proposal described in your Estimate for Change Proposal mentioned in para. 3
above in accordance with GCC Clause 39 of the General Conditions of Contract.
(Employers Name)
(Signature)
(Name and Title of signatory)

TSFP
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BID DOCUMENT FOR

Annex 4. Change Proposal
To:
P O Box 2574
Cape Verde Road
Addis Ababa
Ethiopia
Date: _______________________________________
Contract Name:


In response to your Request for Change Proposal No. [Number], we hereby submit our
proposal as follows:
1.
Title of Change: [Name]
2.
Change Proposal No./Rev.: [Proposal number/revision]
3.
4.
5.
Reasons for Change: [Reason]
6.
Facilities and/or Item No. of Equipment related to the requested Change: [Facilities]
7.
Reference drawings and/or technical documents for the requested Change:
Employer: [Name]
Contractor: [Name]
Drawing/Document No. Description

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BID DOCUMENT FOR

8.
Estimate of increase/decrease to the Contract Price resulting from Change Proposal:7

(Amount)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Direct material
Major construction equipment
Direct field labour (Total
hrs)
Subcontracts
Indirect material and labour
Site supervision
Head office technical staff salaries
Process engineer
Project engineer
Equipment engineer
Procurement
Draftsperson
Total
(h)
(i)
(j)
hrs @
hrs @
hrs @
hrs @
hrs @
hrs
rate/hr
rate/hr
rate/hr
rate/hr
rate/hr
Extraordinary costs (computer, travel, etc.)

Fee for general administration,
% of Items
Taxes and customs duties
Total lump sum cost of Change Proposal

[Sum of items (a) to (j)]
Cost to prepare Estimate for Change Proposal
[Amount payable if Change is not accepted]
9.
Additional time for Completion required due to Change Proposal
10.
Effect on the Functional Guarantees
11.
Effect on the other terms and conditions of the Contract
12.
Validity of this Proposal: within [Number] days after receipt of this Proposal by the
Employer
13.
Other terms and conditions of this Change Proposal:
(a)
You are requested to notify us of your acceptance, comments or rejection of this

detailed Change Proposal within [Number] days from your receipt of this
Proposal.
(b)
The amount of any increase and/or decrease shall be taken into account in the
adjustment of the Contract Price.
Costs shall be in the currencies of the Contract.

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BID DOCUMENT FOR

(c)
Contractors cost for preparation of this Change Proposal:2

(Note) This cost shall be reimbursed by the Employer in case of Employers
withdrawal or rejection of this Change Proposal without default of the Contractor
in accordance with GCC Clause 39 of the General Conditions of Contract.
(Contractors Name)
(Signature)
(Name of signatory)
Specify where necessary.

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BID DOCUMENT FOR

Annex 5. Change Order

_________
Date:

Contract Name:


We approve the Change Order for the work specified in the Change Proposal (No.
[Number]), and agree to adjust the Contract Price, Time for Completion and/or other
conditions of the Contract in accordance with GCC Clause 39 of the General Conditions of
Contract.
1.
2.
Change Request No./Rev.: [Request number/revision]
3.
Change Order No./Rev.: [Order number/revision]
4.
5.
Authorized Price:
Employer: [Name]
Contractor: [Name]
Ref. No.: [Number]

Date: [Date]
Foreign currency portion [Amount] plus Local currency portion [Amount]
6.
Adjustment of Time for Completion

None
7.
Increase [Number] days
Decrease [Number] days
Other effects, if any
Authorized by:
Date:
(Employer)
Accepted by:
Date:
(Contractor)

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BID DOCUMENT FOR

Annex 6. Pending Agreement Change Order
To: [Contractors name and address] Date:
Contract Name:
CONTRACT FOR DIESEL POWER GENERATION PLANT ON

TURNKEY BASIS FOR TENDAHO SUGAR FACTORY PROJECT

We instruct you to carry out the work in the Change Order detailed below in accordance with
GCC Clause 39 of the General Conditions of Contract.
1.
2.
Employers Request for Change Proposal No./Rev.:[Number/revision] dated: [Date]
3.
Contractors Change Proposal No./Rev.: [Number/revision]
4.
5.
Facilities and/or Item No. of equipment related to the requested Change: [Facilities]
6.
Reference Drawings and/or technical documents for the requested Change:

Drawing/Document No. Description
7.
Adjustment of Time for Completion:
8.
Other change in the Contract terms:
9.
Other terms and conditions:
(Employers Name)
(Signature)
(Name of signatory)
dated: [Date]

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BID DOCUMENT FOR

Annex 7. Application for Change Proposal
To:
P O Box 2574
Cape Verde Road
Addis Ababa
Ethiopia
Date:
Contract Name:


We hereby propose that the below-mentioned work be treated as a Change in the Facilities.
1.
2.
3.
4.
5.
6.
7.
8.

Application for Change Proposal No./Rev.: [Number/revision] dated: [Date]
Reasons for Change:
Order of Magnitude Estimation (in the currencies of the Contract):
Scheduled Impact of Change:
Effect on Functional Guarantees, if any:
Appendix:
(Contractors Name)
(Signature)
(Name of signatory)

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SAMPLE FORMS AND PROCEDURES

Notes to Bidders on the Sample Forms and Procedures

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SAMPLE FORMS AND PROCEDURES

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Table of Sample Forms and Procedures

Terms and Procedures of Payment ................................................ 26

4. Bank Guarantee Form for Performance Security ........................................................ 46

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SAMPLE FORMS AND PROCEDURES

BID DOCUMENT FOR

1. Bid Forms and Price Schedules

Ladies and/or Gentlemen,

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SAMPLE FORMS AND PROCEDURES

BID DOCUMENT FOR

(if none, state none).

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SAMPLE FORMS AND PROCEDURES

BID DOCUMENT FOR

ATTACHMENT TO BID FORM

Clause ITB 9.3 (a) to (g) Attachment 1:

Clause ITB 9.3 (d) (ii) - Spares 20 Years

J P MUKHERJI & ASSOCIATES PVT LTD

SAMPLE FORMS AND PROCEDURES

BID DOCUMENT FOR

Clause ITB 25.3 (d) (i)

1) Output of each Diesel Generating Set

The following adjustment factors will be used for

a) Addition of US Dollars 10,000 for each one

Ten percent (10%) of the contract price.

J P MUKHERJI & ASSOCIATES PVT LTD

SAMPLE FORMS AND PROCEDURES

BID DOCUMENT FOR

1.2 Price Schedules

The Price Schedules are divided into separate Schedules as follows:

Plant and Equipment (including Mandatory Spare Parts)

J P MUKHERJI & ASSOCIATES PVT LTD

SAMPLE FORMS AND PROCEDURES

BID DOCUMENT FOR

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SAMPLE FORMS AND PROCEDURES

BID DOCUMENT FOR

Schedules of Rates and Prices

Packaged Diesel Generator, with

DG Power, Control and Relay

Main Power Distribution Board

Battery and battery charger

i) 1 No. x 625 KVA

J P MUKHERJI & ASSOCIATES PVT. LTD

SAMPLE FORMS AND PROCEDURES

BID DOCUMENT FOR

Special Tools and Tackles

i) 1 Lot x 625 KVA

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SAMPLE FORMS AND PROCEDURES

BID DOCUMENT FOR

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Schedules of Rates and Prices