Invitation to Bid

European Union –Support to District Development Programme (EU-SDDP) in Vavuniya District, Sri Lanka

Project No: SL36P1-1400 [Atlas Project Number 00083228]

Construction of Sewerage and Waste Water Treatment Plant for Vavuniya General Hospital, Sri Lanka

United Nations Office for Project Services (“UNOPS”)

Invitation to Bid

Short Form Construction Contract

Date of Issuance: 13th May 2015 ITB Case No.: SAOH/83228/2015/ITB-007

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CONTENTS

1. INVITATION LETTER ...... 2. SECTION I – BID PARTICULARS ...... 3. SECTION II – INSTRUCTIONS TO BIDDERS ...... 4. SECTION III – EVALUATION METHOD AND CRITERIA ...... 5. SECTION IV – RETURNABLE BID SCHEDULES ...... SCHEDULE 1 Form of Bid ...... SCHEDULE 2 Form of Bid Security ...... SCHEDULE 3 Bidder’s Details ...... SCHEDULE 4 Bill of Quantities ...... (Separately bound per each lot) SCHEDULE 5 Bidder Preliminary Programmes ...... SCHEDULE 6 Proposed Project Team and Organizational Structure ...... SCHEDULE 7 Insurances ...... SCHEDULE 8 Capacities, Experience, Work in Hand and Work Completed ..... SCHEDULE 9 Works Management System...... SCHEDULE 10 Proposed Sub Contractors and Suppliers ...... SCHEDULE 11 Proposed Sources of Naturally Occurring Materials and Outline Statement of Proposed Methods ...... SCHEDULE 12 Declarations ...... SCHEDULE 13 Conflicts of Interest ...... SCHEDULE 14 Dispute Details ...... SCHEDULE 15 Addenda to ITB ...... 6. SECTION V - UNOPS SHORT FORM CONSTRUCTION CONTRACT ...... 7. SECTION VI – SCOPE OF WORK ,PRICING PREAMBLES & TECHNICAL SPECIFICATIONS 8. SECTION VII - DRAWINGS ...... (Separately bound per each lot)

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Notice for Open Tender Construction of Sewerage and Waste Water Treatment Plant for Vavuniya General Hospital, Sri Lanka ITB Case No: SAOH/83228/2015/ITB-007

European Union –Support to District Development Programme (EU-SDDP)

1. The United Nations Office for Project Services – Sri Lanka Operational Hub (UNOPS‐ LKOH) is undertaking the Construction of Sewerage and Waste Water Treatment Plant for Vavuniya General Hospital. This project is a part of the EU ‐ Support to District Development Programme (EU‐SDDP) implemented in collaboration with the Government of Sri Lanka, theVavuniya District Secretariat and the Local Authorities, and financed by the European Union.

2. UNOPS‐LKOH invites sealed bids from eligible bidders who have below ICTAD/CIDA registration and having experience in similar nature works for Construction of Sewerage and Waste Water Treatment Plant for Vavuniya General Hospital (hereinafter called as "Works”), under the terms set forth in the bid documents. Joint venture associations between two National Companies which fulfils the requirement stipulated above will also be deemed as eligible for submission of bids.

3. Bid Documents will be consisted of three different Lots. Lot 1 is for Construction of Sewerage and Septic Tanks (CIDA C‐5 or above in Water supply and drainage and C‐6 or above in Building Construction), Lot 2 is for Supply and Laying of Sewer Pipe along the Road (CIDA C‐5 or above in Water supply and drainage) and Lot 3 is for Construction of Oxidations Ponds at Thandikulam (CIDA C‐5 or above in Irrigation and land drainage and C‐7 or above in Building Construction).

4. Digital copies of the Bid documents can be obtained by interested and eligible bidders from UNOPS‐LKOH Head Office, 118/5, Nawala Road, Colombo 05 or from UNOPS‐LKOH Field Office at No 77, Temple Road, Kurumankadu, Vavuniya between 9.00 am to 5.00 pm on business days from 13th May 2015 to 27th May 2015 on submission of a written request. Alternatively, bidders may download bid documents from UNOPS website https://www.unops.org/english/Opportunities/suppliers/Pages/Business‐ opportunities.aspx.

5. Sealed envelopes shall be delivered, in accordance with the Instructions to Bidders, on or before 2.00 pm on 28th May 2015 to the UNOPS‐LKOH Head Office, 118/5, Nawala Road, Colombo 05. Bids will be opened immediately after bid receipt closing time. A clarification meeting will be held at 10.00 am on 21st May 2015 at the UNOPS‐LKOH Field Office‐ Vavuniya to clarify any matters pertaining to this bid.

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INVITATION LETTER

Dear Sir/Madam,

Subject: Construction of Sewerage and Waste Water Treatment Plant for Vavuniya General Hospital, Sri Lanka

ITB Case No.: SAOH/83228/2015/ITB-007

The United Nations Office for Project Services (UNOPS) is pleased to invite prospective bidders to bid in accordance with the requirements and process as set out in this Invitation to Bid (ITB).

The ITB consists of the following:  This Invitation Letter;  Bid Particulars (Section I);  Instructions to Bidders (Section II);  Evaluation Method and Criteria (Section III);  Returnable Bid Schedules (Section IV);  UNOPS Short Form Construction Contract (the Contract) (Section V);  Scope of Work, Pricing Preambles & Technical Specifications (Section VI); and  Drawings (Section VII) - (separately bound per each lot).

This ITB is consisted of three (03) Lots. Electronic version of the complete set of the above bidding documents in English language may be obtained by interested and eligible bidders from UNOPS-LKOH Head Office, 118/5, Nawala Road, Colombo 05 or from UNOPS- LKOH Field Office at No 77, Temple Road, Kurumankadu, Vavuniya between 9.00 am to 5.00 pm on business days from 13th May 2015 to 27th May 2015 on submission of a written request. Alternatively, bidders may download bid documents from UNOPS website https://www.unops.org/english/Opportunities/suppliers/Pages/Business-opportunities.aspx

If you are interested in submitting a bid in response to this ITB, please prepare your bid in accordance with the requirements and process as set out in this ITB and submit your bid to UNOPS by the Deadline for Bid Submission set out in the Bid Particulars in Section I of the ITB.

We look forward to receiving your bid.

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SECTION I

BID PARTICULARS

The works include the Construction of Sewerage and Waste Water Works Treatment Plant for Vavuniya Hospital, Sri Lanka under three (03) (Article 1) lots as listed below and as further described in Section V of this ITB.

Contract Lot Period Contract No Name of the Contract No / (calendar months)

Construction of Sewerage 1 SL36C1-1402 10 and Septic Tanks.

Supply and Laying of Sewer 2 SL36C1-1403 8 Pipe along the Road.

Construction of Oxidations 3 SL36C1-1404 10 Ponds at Thandikulam.

Bidders at their own discretion may bid for any lot, combination of lots or all the three (03) lots, if the proposed amount of works is within their financial limit and capacity. If a bidder is selected for more than one lot, works shall be carried out simultaneously, so that all the awarded lots are completed within the time durations specified above. Further, the substantial completion of the following systems shall be achieved within the 8 calendar months duration from the commencement.  The sewerage system (lot 1 above) - transferring the connections can be done during the rest of the two months.  The oxidation ponds (lot 3 above) - the works on access road, boundary fencing and service building can be continued during the rest of the two months.

All correspondence, notifications and requests for clarifications in Contact for relation to this ITB shall be sent to: correspondence, Krishanthi Dabare notifications and requests for Project Manager, clarifications United Nations Office for Project Services (Article 1) Sri Lanka Operational Hub, 118/5, Nawala Road, Colombo 05 Email : [email protected] Fax : +94 112- 506097

ATTENTION: BIDS SHALL NOT BE SUBMITTED TO THE ABOVE ADDRESS BUT TO THE ADDRESS FOR BID SUBMISSION AS SET OUT BELOW (see Art. 23).

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Amendments to Amendments to the ITB will be published in the UNOPS web site. the ITB Bidders are advised to browse at the following link till the bid closing (Article 3) date in order to make sure that they receive all the amendments. https://www.unops.org/english/Opportunities/suppliers/Pages/Business- opportunities.aspx

No nationalities are excluded from submitting a bid. Bidder Bidders shall have below CIDA (Construction Industry Development Eligibility(Article 4) Authority)/ former ICTAD (Institution of Construction Training and Development – Sri Lanka) registration fulfilling the minimum grading under each category stipulated below. Joint venture associations between two National Companies which fulfils the requirement stipulated above will also be deemed as eligible for submission of bids.

Lot Name of the Minimum CIDA/ICTAD No Contract grading

Construction of C-5 or above in Water supply 1 Sewerage and Septic and drainage and C-6 or above Tanks. in Building Construction

Supply and Laying of C-5 or above in Water supply 2 Sewer Pipe along the and drainage Road.

Construction of C-5 or above in Irrigation and 3 Oxidations Ponds at land drainage and C-7 or Thandikulam. above in Building Construction

Requests for clarification from bidders will not be accepted any later than Clarifications 48 hours before the Deadline for Bid Submission. (Article 8) Responses to requests for clarification shall be communicated to bidders by posting responses on UNOPS’ website at www.unops.org under ITB Case No. SAOH/83228/2015/ITB-007.

A clarification meeting shall be held as follows: Clarification Date: 21st May 2015 Meetings Time: 10:00am (Article 9) Location: UNOPS-LKOH Field Office at No 77, Temple Road, Kurumankadu, Vavuniya.

Attendance to the clarification meeting is not mandatory.

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A group site inspection shall be held as follows: Site Date: 21st May 2015 Inspection(Article Time: After the clarification meeting 10) Location: UNOPS-LKOH Field Office at No 77, Temple Road, Kurumankadu, Vavuniya.

Attendance to the site inspection is not mandatory.

Bidders shall notify UNOPS 3 number of days in advance as to whether or not they intend to participate in the site inspection and the details of their representatives who will attend.

Bids shall remain valid for acceptance by UNOPS for 90 Days from the Bid validity period Deadline for Bid Submission. (Article 13) Partial Bids This ITB is consisted of three (03) work lots as listed above in the Article (Article 14) 1. Bidders at their own discretion may bid for any lot, combination of lots or all the three (03) lots, if the proposed amount of works is within their financial limit and capacity.

Alternative bids Alternative bids will NOT be evaluated. (Article 15) Bidders shall provide bid security in the form set out in Returnable Bid Bid security Schedule 2 – Form of Bid Security (see Section IV). (Article 16) The amount of Bid Security for each lot shall be in accordance with the Table below. If a bidder is bidding for more than one lot, he shall obtain the Bid security for the total of bid securities of the lots that he is bidding. Bid security shall be valid for 120 calendar days from the date of closure of the Bid.

Amount of Bid Lot Name of the Contract Security No (LKR)

Construction of Sewerage and 1 750,000 Septic Tanks.

Supply and Laying of Sewer Pipe 2 250,000 along the Road.

Construction of Oxidations Ponds 3 500,000 at Thandikulam.

Bid Currenc(ies) (Article 17) Prices shall be quoted in Sri Lankan Rupees (LKR)

Bidders shall offer their bid prices including 11% VAT and other taxes Duties and Taxes payable by the Contractor in the Form of Bid and in the Returnable Bid (Article 19) Schedule 4. If UNOPS could get the VAT exemption facility for this project, Contractors will be given a copy of the VAT exemption letter issued by

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the Ministry of Finance. Otherwise the Contractors will be paid the equivalent VAT portion (11% of each and every payment). All bids, information, documents and correspondence exchanged Language of bids between UNOPS and the bidders in relation to this bid process shall be (Article 20) in English.

All bids must be submitted by 2.00 pm (Sri Lanka Time) on 28th May Deadline for Bid 2015 to the UNOPS-LKOH Head Office, 118/5, Nawala Road, Submission Colombo 05. (Article 21) Bids must be submitted as follows: Bid Submission (Article 23) By mail or personal delivery in sealed envelopes by the Deadline for Bid Submission. The sealed envelopes shall contain one soft copy and two hardcopies. The two hardcopies shall comprise one original hardcopy bid marked “Original”. One hardcopy of the bid marked “Copy" shall also be submitted. In the event of any discrepancy between the soft and/or hardcopies of the bid, the bid marked as “Original” shall govern.

The envelope shall be labelled as follows:

***CONFIDENTIAL BID - DO NOT OPEN UNLESS AUTHORIZED***

United Nations Office for Project Services Sri Lanka Operational Hub Director & Representative UNOPS-LKOH Head Office 118/5, Nawala Road Colombo 05, Sri Lanka

Personal delivery shall be made between the hours of 09:00 am and 5:00pm on UNOPS regular working days by the Deadline for Bid Submission.

Attn.: Chair Person, Bid Opening Committee. Case No.: SAOH/83228/2015/ITB-007

Deadline for Bid Submission: 2.00 pm (Sri Lanka Time) on 28th May 2015 at UNOPS-LKOH Head Office, 118/5, Nawala Road, Colombo05,Sri Lanka From: [Insert bidder’s name & details] ] Bids will be opened immediately after closing the bids on 28th May 2015 Opening of Bids at UNOPS-LKOH Head Office, 118/5, Nawala Road, Colombo 05,Sri (Article 23) Lanka.

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SECTION II

INSTRUCTIONS TO BIDDERS

1. INFORMATION FOR BIDDERS

Bidders are invited to submit a bid for the works described in the Bid Particulars in Section I, and further described in the Contract in Section V, in accordance with this ITB. All correspondence, notification and bids in relation to this ITB shall be sent to the contact person and address set out in the Bid Particulars in Section I. Please note that the address for Bid Submission may be different.

2. INTERPRETATION OF THE ITB

This ITB is an invitation to treat and shall not be construed as an offer capable of being accepted or as creating any contractual, other legal or restitutionary rights.

No binding contract, including a process contract or other understanding or arrangement, will exist between the bidder and UNOPS and nothing in or in connection with this ITB shall give rise to any liability on the part of UNOPS unless and until the Contract is signed by UNOPS and the successful bidder.

3. AMENDMENTS TO THE ITB

Prior to the Deadline for Bid Submission, UNOPS may at its discretion modify the bidding documents by way of a written addendum. All written addenda to the bidding documents shall form part of the ITB.

In the event UNOPS modifies the ITB, UNOPS will notify in writing all bidders that have received the ITB from UNOPS of such modification.

In order to give the bidders reasonable time to take such modification into account, UNOPS may extend the Deadline for Bid Submissionas may be appropriate under the circumstances.

4. BIDDER ELIGIBILITY

A bidder may be a private, public or government-owned legal entity or any association, including a joint venture or consortium with legal capacity to enter into a binding contract with UNOPS.

A bidder, and all parties constituting the bidder, may have the nationality of any country with the exception of thenationalities, if any, listed in the Bid Particulars in Section I.

A bidder shall not be eligible to submit a bid if and when at the time of bid submission, the bidder:

(i) has been suspended or declared ineligible by UNOPS or any other entity of the United Nations system, including the Work Bank;

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(ii) is on the UN 1267 terrorist list issued by the Security Council resolution 1267 which establishes a sanctions regime to cover individuals and entities associated with Al-Qaida and/or the Taliban; or

(iii) has not attended a mandatory site inspection or mandatory clarification meeting, if applicable, in accordance with Articles 9 and 10.

(iv) does not comply with any additional requirements as may be set out in the Bill of Particulars.

If a bidder does not have all the expertise required for the provision of the works to be provided under the Contract, such bidder may submit a bid in association with other entities, particularly with an entity in the country where the works are to be provided. An entity may not submit more than one bid in response to this ITB, whether alone or in association with other entities.

In the case of a joint venture, consortium or association:

(i) all parties of such joint venture, consortium or association shall be jointly and severally liable to UNOPS for any obligations arising from their bid and the Contract that may be awarded to them as a result of this ITB;

(ii) the bid shall clearly identify the designated entity designated to act as the contact point to deal with UNOPS. Such entity shall have the authority to make decisions binding upon the joint venture, association or consortium during the bidding process and, in the event that a contract is awarded, during the duration of the contract; and

(iii) The composition or the constitution of the joint venture, consortium or association shall not be altered without the prior consent of UNOPS.

5. ERRORS OR OMISSIONS

Bidders shall immediately notify UNOPS in writing of any ambiguities, errors, omissions, discrepancies, inconsistencies or other faults in any part of the ITB, with full details of those ambiguities, errors, omissions, discrepancies, inconsistencies or other faults. Bidders shall not benefit from such ambiguities, errors, omissions, discrepancies, inconsistencies or other faults.

6. BIDDERS’ RESPONSIBILITY TO INFORM THEMSELVES & ACKNOWLEDGEMENT

Bidders shall be responsible to inform themselves in preparing their bid. In this regard, bidders shall ensure that they:

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(i) examine and fully inform themselves in relation to all aspects of the ITB, including the Contract and all other documents included or referred to in this ITB;

(ii) review the ITB to ensure that they have a complete copy of all documents;

(iii) obtain and examine all other information relevant to the project and the scope of the works available on reasonable enquiry;

(iv) verify all relevant representations, statements and information, including those contained or referred to in the ITB or made orally during any clarification meeting or site Inspection or any discussion with UNOPS, its employees or agents;

(v) attend any Clarification Meeting or Site Inspection that is mandatory under this ITB;

(vi) fully inform and satisfy themselves as to requirements of any relevant authorities and laws that apply, or may in the future apply, to the execution of the works; and (vii) form their own assessment of the nature and extent of work required to execute the works and properly account for all work in their bid.

Bidders acknowledge and agree that the ITB does not purport to contain all relevant information in relation to the works and is provided solely on the basis that bidders shall be responsible for making their own assessment of the matters referred to in the ITB, including the Contract (see Section V).

Bidders acknowledge and agree that UNOPS, its directors, employees and agents make no representations or warranties (express or implied) as to the accuracy, currency or completeness of this ITB or any other information provided to the bidders.

7. UNOPS SHORT FORM CONSTRUCTION CONTRACT

Bidders shall be willing to sign the Contract (see Section V), without departure, qualification, amendment, limitation or exclusion should they be selected as a result of this bid process.

8. CLARIFICATION OF THE ITB

Bidders may request clarification of the ITB or bid process by submitting a written request to the contact stated in the Bid Particulars in Section I up to the time stated in the Bid Particulars in Section I and thereafter requests for clarification will not be accepted.

UNOPS shall gather all requests for clarification and may respond in writing to all such requests at the same time. Responses to requests for clarification shall be communicated to all bidders that received the ITB directly from UNOPS if the ITB was not available online, and/or, if the ITB was available online or if stated in the Bid Particulars in Section I, responses will be posted online without disclosing the names of the bidders who submitted the requests for clarification.

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9. CLARIFICATION MEETINGS

Unless otherwise instructed in writing by UNOPS, a clarification meeting will only be held if stated in the Bid Particulars in Section I, at the time and place and in accordance with any instructions set out in the Bid Particulars in Section I.

If the Bid Particulars in Section I state that a clarification meeting shall be mandatory, a bidder which does not attend the clarification meeting shall become ineligible to submit a bid under this ITB.

The names of representatives of bidders who will attend the clarification meeting shall be submitted in writing by bidders to the UNOPS contact person listed in the Bid Particulars in Section I, including the full name and position of each representative at least 24 hours before the clarification meeting is to be held.

UNOPS will not issue any formal answers to questions from bidders regarding the ITB or bid process during the clarification meeting. All questions shall be submitted in accordance with Article 8.

The clarification meeting shall be conducted for the purpose of providing background information only. Without limiting Article 6, bidders shall not rely upon any information, statement or representation made at the clarification meeting unless that information, statement or representation is confirmed by UNOPS in writing.

UNOPS shall prepare minutes of the clarification meeting and communicate them in writing directly to all bidders which received the bid documents directly from UNOPS if the ITB was not available online, and/or, if the ITB was available online or if stated in the Bid Particulars in Section I,the minutes will be posted online without disclosing the names of the bidders who attended the clarification meeting, shortly after the clarification meeting.

10. SITE INSPECTION

Unless otherwise instructed in writing by UNOPS, a site visit will only be held if stated in the Bid Particulars in Section I, at the time and place and in accordance with any instructions set out in the Bid Particulars in Section I.

If the Bid Particulars in Section I state that a site inspection shall be mandatory, a bidder which does not attend the site inspection shall become ineligible to submit a bid under this ITB.

Bidders participating in a site inspection shall be responsible for:

(i) arranging for and wearing personal protective equipment, including at a minimum safety helmets, boots and reflective vests; and

(ii) making and obtaining any visa arrangements that may be required for the bidders to participate in a site inspection.

Prior to attending a site inspection, bidders shall execute an indemnity and a waiver releasing UNOPS in respect of any liability that may arise from:

(i) loss of or damage to any real or personal property;

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(ii) personal injury, disease or illness to, or death of, any person;

(iii) financial loss or expense, arising out of the carrying out of that site inspection; and

(iv) transportation by UNOPS to the site (if provided) as a result of any accidents or malicious acts by third parties.

UNOPS will not issue any formal answers to questions from bidders regarding the ITB or bid process during a site visit. All questions shall be submitted in accordance with Article 8.

A site visit will be conducted for the purpose of providing background information only. Without limiting Article 6, bidders shall not rely upon any information, statement or representation made at a site visit unless that information, statement or representation is confirmed by UNOPS in writing.

11. CONTENT OF BID SUBMISSIONS

11.1 Returnable Bid Schedules

Bids shall include only a fully completed and dated set of the Returnable Bid Schedules, including only the information required by each Returnable Bid Schedule, either completed on the Returnable Bid Schedule document or annexed to the document, as the case may be, each signed in accordance with Article 19 by a person authorised by the bidder to bind it. The Returnable Bid Schedules are set out in Section IV.

11.2 Other Information

Bids submitted shall only include information required to be submitted in accordance with the ITB.

12. REMUNERATION FOR AND COSTS OF BIDS

Bidders shall not be entitled to any remuneration or compensation for the preparation and submission of their bid.

Bidders acknowledge that their participation in any stage of the bid process for this ITB is at the bidders' own risk and cost. UNOPS shall not be responsible for any costs or expenses incurred by bidders in the preparation and submission of bids or participation in the bid process, including as part of any clarification meeting or site or plant inspection.

UNOPS is not liable to bidders for any costs, expense or loss on any legal, contractual, quasi contractual or restitutionary basis incurred or suffered in connection with the ITB or bidders' participation in the bid process, including where:

(i) clarifications and addenda are provided or not provided to bidders;

(ii) a bidder is not selected or not engaged to carry out the works;

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(iii) UNOPS varies, terminates, suspends or delays any aspect of the bid process or conducts another process in its place;

(iv) UNOPS elects not to proceed with the ITB in whole or in part; or

(v) UNOPS exercises any rights under the ITB.

13. BID VALIDITY PERIOD

Bids shall remain valid for acceptance by UNOPS for the entire period set out in the Bid Particulars in Section I.A bid valid for a shorter period of time shall be rejected.

Prior to expiration of the bid validity period, UNOPS may request in writing that the bidders extend the validity of their bids with the same conditions. The bid of Bidders who decline to extend the validity of their bid shall become disqualified as no longer valid.

14. PARTIAL BIDS

Bidders shall respond to all applicable Returnable Bid Schedules and shall bid for all sections of the works. UNOPS will NOT accept bids for one or several sections of the works only, nor will UNOPS accept bids for only part of the works or part of any section of the works.

15. ALTERNATIVE BIDS Alternative bids will not be evaluated unless stated otherwise in the Bid Particulars in Section I.

If a bidder submits an alternative bid, it shall mark the original bid as “Initial Bid” and any subsequent bid as “Alternative Bid”.

If the Bid Particulars in Section I do not state that alternative bids may be evaluated, and a bidder submits more than one bid:

(i) All bids marked as “Alternative Bid” will be disqualified and only the bid marked as “Initial Bid” will be evaluated; or,

(ii) All bids will be rejected if no indication is provided as to which bid is the original bid and which is/are the alternative bid(s). If: (i) the Bid Particulars in Section I state that alternative bids may be evaluated;

(ii) the bidder has submitted an Initial Bid and an Alternative Bid which meets the requirements of this Article 15; and

(iii) the bidder's Initial Bid has been evaluated and that bidder has been assessed as the preferred bidder,

then UNOPS may consider, entirely in its own discretion, the Alternative Bid of the preferred bidder.

16. BID SECURITY

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If the Bid Particulars in Section I state that bidders shall provide bid security, the bid security shall be in the form set out in Returnable Bid Schedule 2 – Form of Bid Security (see Section IV) and shall be for the amount set out in the Bid Particulars in Section I.

The bid security shall be issued by a reputable banking institution. Reputable banking institutions are banks certified by the central bank of the country where the bank is located, to operate as a commercial bank. UNOPS may, at its discretion, reject any bid security that does not comply with this requirement.

The bid security shall be valid for a period of 30 days beyond the Bid Validity Period, as may be extended, after which this bank guarantee will automatically become null and void, unless a dispute arises in relation to this bank guarantee.

UNOPS shall have the right to request payment under the bid security:

(i) if the bidder withdraws its bid after the Deadline for Submission of Bids and prior to the end of the Bid Validity Period, as may be extended; or

(ii) in the case of a successful bidder, if the bidder fails to sign the Contract resulting from this bid process in accordance with the terms and conditions set forth in its bid; or

(iii) if the bidder fails to furnish a performance security in accordance with the Contract, if any is required.

Unsuccessful bidders shall liaise with UNOPS to collect their bid security, which UNOPS shall make available to bidders within fifteen days after it has expired.

17. BID CURRENCIE(S)

Prices in the bid shall be quoted in the currenc(ies) stated in the Bid Particulars in Section I. If applicable, for comparison and evaluation purposes, UNOPS will convert the bid prices into USD at the official United Nations rate of exchange in force at the time of the Deadline for Bid Submission.

Bid Prices shall be fixed. Bids with adjustable Bid Prices shall be disqualified.

18. DUTIES AND TAXES

UNOPS is a tax exempt entity. All bids shall be submitted net of any direct taxes and any other taxes and duties, unless otherwise specified in the Bid Particulars in Section I. Please refer Clause 19.0 of the Bid Particulars in Section 1.

19. BID FORMAT

A bid shall contain no interlineations, erasures, or overwriting. If necessary to correct errors made by a Bidder, hand written corrections to the bid may be made before the submission and/or the Deadline for Bid Submission. In this case, such corrections shall be initialed by the person or persons who signed the bid.

Bids shall be signed by the person authorized to do so in Returnable Bid Schedule 1 – Form of Bid (see Section IV). That person shall be authorized by the bidder to bind the bidder. A

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copy of such authorization shall be submitted along with the bid as specified in returnable schedule 3.

20. LANGUAGE OF BIDS

All bids, information, documents and correspondence exchanged between UNOPS and the bidders in relation to this bid process shall be in the language set out in the Bid Particulars in Section I.

Supporting documents may be submitted in their original language. If such language is different from that set out in the Bid Particulars in Section I, the supporting documents shall be submitted together with a translation of the supporting documents’ relevant excerpts.

21. DEADLINE FOR BID SUBMISSION

All bids shall be received by UNOPS by no later than the time and date set out in the Bid Particulars in Section I. It shall be the sole responsibility of the bidders to ensure that their bid is received by the Closing Date. UNOPS may reject any bid received after the Deadline for Bid Submission.

Bids submitted after the Deadline for Bid Submission shall be rejected.

22. WITHDRAWAL, SUBSTITUTION, AND MODIFICATION OF BIDS

Prior to the Deadline for Bid Submission, a bidder may withdraw, substitute, or modify its bid after it has been submitted by sending a written notice to UNOPS. After the deadline for submission of the bids, however, the bids shall remain valid and open for acceptance by UNOPS for the entire Bid Validity Period, as may be extended.

If a bidder withdraws its bid after the Deadline for Submission of Bids and prior to the expiration of the Bid Validity Period, as may be extended, UNOPS may retain the bidder’s Bid Security, if any has been required in accordance with Article 16.

Bid for which withdrawal has been requested prior to the deadline for submission of the bids shall be made available for collection by the bidder that submitted it within 15 days of its withdrawal. Otherwise, UNOPS shall have the right to discard such bid unopened without further notice to the Bidder. UNOPS shall not be responsible to return the bid to the Bidder at UNOPS’ costs.

23. BID SUBMISSION

All bids shall be submitted to UNOPS in accordance with the requirements set out in this ITB.

Bids that are not submitted in accordance with the provisions set out in this ITB shall be rejected.

24. OPENING OF BIDS

Bids will be opened at the time and location, and in accordance with the requirements, set out in the Bid Particulars in Section I.

INVITATION TO BID Operational excellence for results that matter Operational excellence for results that matter Instructions Operational excellence for results that matter

Bidders may attend the opening of the bids. However, they shall not be allowed to attend the evaluation of the bids.

25. EVALUATION METHOD AND CRITERIA

UNOPS shall evaluate bids and select a preferred bidder pursuant to Section III of this ITB.

26. OTHER UNOPS RIGHTS

Subject to Section III of the ITB, UNOPS shall have no obligation to accept any bid, including the bid with the lowest price.

UNOPS may, in its absolute discretion, do all or any of the following:

(i) require additional information from bidders;

(ii) change the structure and timing of the ITB;

(iii) alter, terminate, suspend or defer the bid process or any part of or activity in it;

(iv) consider or accept or reject any bid which is non-conforming;

(v) request, attend or conduct any site inspections or clarification meetings;

(vi) request, attend or observe any product, plant, equipment or other demonstration, trial or test, provided UNOPS acts reasonably in so doing;

(vii) abandon, cancel or otherwise not proceed with the bid process at any time prior to the award of a contract, without any liability toward the bidders and without providing any reason or notice to bidders.

27. COLLECTION OF REJECTED OR UNSUCCESSFUL BIDS

UNOPS shall not return any rejected or unsuccessful bids to the bidders, except for late bids, which will be available for collection by the bidders within fifteen days of the rejection.

28. CONFIDENTIALITY

All information and documents provided to the bidders by UNOPS shall be treated as confidential by the bidders and shall:

(i) remain the property of UNOPS;

(ii) not be used for any purpose other than the purpose of preparing a bid; and

(iii) be immediately returned to UNOPS in the event the bidder declines to respond to this ITB, or, in the event of a rejected or an unsuccessful bid, within fifteen days of being notified by UNOPS that its bid was rejected or unsuccessful.

INVITATION TO BID Operational excellence for results that matter Operational excellence for results that matter Instructions Operational excellence for results that matter

All information and documents provided to the bidders by UNOPS shall not be disclosed to any third party, except:

(i) with the prior written consent of UNOPS;

(ii) where the third party is assisting a bidder in preparing the bid, provided the bidder has previously ensured that party's adherence to this duty of confidentiality;

(iii) if the information or documents is/are at the time of this ITB lawfully in the possession of the bidder through a party other than UNOPS;

(iv) if required by law, and provided that the bidder has previously informed UNOPS in writing of its obligation to disclose the information or documents; or

(v) if the information is generally and publicly available other than as a result of breach of confidence by the person receiving the information.

29. ETHICS AND CORRUPT PRACTICES

UNOPS requires that all bidders observe the highest standard of ethics during the entire bid process, as well as the duration of any contract that may be awarded as a result of this bid process. Therefore, all bidders shall represent and warrant that they:

(i) have not unduly obtained, or attempted to unduly obtain, any confidential information in connection with the bid process and any contract that may be awarded a result of this bid process;

(ii) have no conflict of interest that would prevent them from entering into a contract with UNOPS, and shall have no interest in other bidders or parties involved in this bid process or in the project underlying this bid process;

(iii) have not engaged, or attempted to engage, in any Corrupt Practices in connection with this bid process or the contract that may be awarded as a result of this bid process. For the purposes of this provision, Corrupt Practices shall mean any of the following:

 bribery: the act of unduly offering, giving, receiving or soliciting anything of value to influence the process of procuring works, or executing contracts;  extortion or coercion: the act of attempting to influence the process of procuring works, or executing contracts by means of threat of injury to person, property or reputation;  fraud: the misrepresentation of information or facts for the purpose of influencing the process of procuring works, or executing the contracts, to the detriment of UNOPS or other participants; or  collusion: the agreement between bidders designed to result in bids at artificial prices that are not competitive.

(iv) have not been involved in, either directly or indirectly, nor have they funded, either directly or indirectly, any terrorist activities, notably upon basis of the consolidated list of individuals belonging to or associated with terrorist entities as established and maintained by the United Nations 1267 Committee.

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In the event that a bidder fails to comply with any of the above representations and warranties, UNOPS shall have the right to reject the bid submitted by such bidder, and to terminate any contract that may have been awarded as a result of this bid process immediately upon notice, without any liability for termination charges or any other liability of any kind of UNOPS. In addition, the bidder may be precluded from doing business with UNOPS and any other entity of the United Nations System in the future.

30. AUDIT

Any bidder participating in this bid process shall agree to cooperate with the Office of Internal Oversight Services of the United Nations, UNOPS Internal Audit and Investigations Group as well as with any other investigation units authorized by UNOPS Executive Director and UNOPS Ethics Officer to investigate any allegation of misconduct, and in particular any allegation of a breach of Article 29above, in connection with this bid process or any contract that may be awarded as a result of this bid process.

In cooperating with UNOPS, the bidders shall give access to UNOPS, upon written request, to all employees, representatives, agents and assignees, as well as to all documents, records and other elements of the bidder that may be required to conduct such investigation. The failure of a bidder to comply with any of the above representations and warranties shall give UNOPS the right to disqualify the bid submitted by such bidder, and to terminate any contract that may have been awarded as a result of this bid process immediately upon notice, without any liability for termination charges or any other liability of any kind of UNOPS. In addition, the bidder may be precluded from doing business with UNOPS and any other entity of the United Nations System in the future.

31. BID PROTEST

Any bidder that believes to have been unjustly treated in connection with this bid process or any contract that may be awarded as a result of such bid process may submit a complaint to UNOPS’ General Counsel. More information about bid protests can be found on UNOPS’ website atwww.unops.org.

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SECTION III EVALUATION METHOD AND CRITERIA

32. EVALUATION METHOD Bids shall be evaluated according to a two-step procedure.

Firstly, bids shall be evaluated for technical compliance based on:

 technical expertise and experience;  safety, quality and insurance; and  capacity, resources and key personnel.

Secondly, bids that are found to be technically compliant shall be evaluated based on price and value for money, analysing all relevant costs, risks and benefits of each bid throughout the whole life cycle of the works and in the context of the project as a whole. The lowest priced bid will not necessarily be accepted.

33. PRELIMINARY EXAMINATION

Upon opening of the bids, UNOPS shall proceed to a preliminary examination of the bids. UNOPS may reject any bid during the preliminary examination which does not comply with the following requirements set out in this ITB, without further consultation with the bidder. 1. Eligibility of the Bidders The bidders shall have the minimum CIDA /ICTAD grade specified under Eligibility Criteria (Article 4) above.

2. Bid validity period - 90 calendar days.

3. Bid security- The bid security attached is in accordance with the requirements of the bid.

4. Dully completed and signed Returnable Bid Schedules from schedule number 1 to 15.

Bids which are incomplete, frivolous, clearly not competitive or contain material deviations from or reservations to the terms of the Contract, may, in UNOPS absolute discretion, be rejected or excluded from further consideration at any time during the evaluation, including after preliminary examination. A bidder may not be permitted to correct or withdraw material deviations or reservations in a bid once the bids have been opened.

34. CLARIFICATION OF BIDS

UNOPS may request clarification or further information in writing from the bidders at any time during the bid process. The bidders’ responses shall not contain any changes regarding the substance or price of the bid.

UNOPS may use such information in interpreting and evaluating the relevant bid but is under no obligation to take it into account.

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35. EVALUATION CRITERIA

Technical Evaluation criteria The evaluation criteria reflect the information being requested in the Returnable Bid Schedules. Some of the Returnable Bid Schedules are marked as ‘Pass fail’, whereas evaluation criteria for some of the schedules are marked as ‘Check and clarify’ as listed below. Following details provided for each and every lot offered by the bidder shall be evaluated separately. Therefore, the following details relevant to each lot shall be submitted separately. Implementation of one lot shall not be affected by another, if a bidder is awarded more than one lot. Therefore, it has to be planned as such that each lot can be implemented simultaneously and completed within the allocated time period of 10 months for Lot 1, 8 months for Lot 2 and 10 months for Lot3 for completion as referred in the Letter of Invitation and the Section V – model contract. If a bid fails a “pass fail” criteria they are ineligible and require no further evaluation. Non compliance with ‘Check and clarify’ evaluation criteria, such as those established under schedules 1, 3, 7,9,10,11,12,13,14,15 below, may be rectified by the bidders prior to their (non) selection. If the bidders are failed to provide the clarification within the stipulated time by UNOPS, then these bids will be eventually failed in the solicitation process. Missing historical documents in the ‘Pass fail’ allocating schedules may also be requested from the bidders by UNOPS at its own discretion through bid clarification process.

Returnable Bid Schedule 1 - Form of Bid Lot name, number of the lot and the price of each lot that is offered by the bidder shall be clearly specified in the Form of Bid. The bidder’s form of bid is correctly filled out and dully signed. Check and clarify

Returnable Bid Schedule 2 - Bid Security The bidder’s bid security complies with the ITB’s requirement. A bid security which does not full fill this requirement will be failed in the Preliminary Examination. Pass / Fail

Returnable Bid Schedule 3 - Bidder Details The bidder’s details are correctly filled out. Check and clarify

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Returnable Bid Schedule 5 - Preliminary Programme

The allocated time period per each lot is as follows.

Contract Period Lot Contract No Name of the Contract / (calendar No months)

Construction of Sewerage and 1 SL36C1-1402 10 Septic Tanks.

Supply and Laying of Sewer 2 SL36C1-1403 8 Pipe along the Road.

Construction of Oxidations 3 SL36C1-1404 10 Ponds at Thandikulam.

If a bidder is selected for more than one lot, works shall be carried out simultaneously, so that all the awarded lots are completed within the time durations specified above. Further, the substantial completion of the following systems shall be achieved within the 8 calendar months duration from the commencement.  The sewerage system (lot 1 above) - transferring the connections can be done during the rest of the two months.  The oxidation ponds (lot 3 above) - the works on access road, boundary fencing and service building can be continued during the rest of the two months.

The bidder’s preliminary program demonstrates the bidder’s capacity to plan and programme the works within timelines that are consistent with industry practice, the project requirements and UNOPS' project technical staff programme. Separate programmes shall be provided per each lot proposed by the bidder. Programmes shall be presented in Gantt Charts using Microsoft Project. If the time period indicated for the substantial completion exceeds the above time period indicated above or if the major works items are not considered in the programme, it shall carry ‘Fail’ marks in the evaluation. Pass / Fail

Returnable Bid Schedule 6 – Project Team and Organisational Structure The minimum requirement of the key personnel to be employed per each lot for the execution of the works is listed in the Returnable Bid schedule 6. The bidder’s project team and organizational structure shall demonstrate the capacity of the bidder’s core team and shall fulfill the minimum requirement to execute the works and should include all essential roles filled with people of the required experience. CV’s shall be used to verify the experience of the bidder’s personnel. The details shall be submitted separately per each lot.

A bid shall carry ‘Fail’ marks, if the minimum required key personnel have not been nominated in the bid as stated above. Pass / Fail

Returnable Bid Schedule 7 – Insurances The bidder’s insurances comply with the ITB’s requirements. Check and clarify

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Returnable Bid Schedule 8 – Capacity Experience, Work in Hand and Completed. 1. Number of similar contracts executed successfully during the last five [05] years. Each project listed shall be supported by certification from the respective Client for satisfactory completion of the services. Experience without client’s certificate will not be accepted. In order to be passed in this schedule, a bidder shall have the experience of minimum of one [01] number of similar nature project within the last 5 years. Pass / Fail

2. Total turnover of all contracts within the last three [03] years. Audited financial reports shall be provided as a proof of the financial data provided with the bid. If a bidder does not have a minimum yearly Turnover of LKR 75 million for Lot 1, LKR 25 million for Lot 2 and LKR 50 million for Lot 3 per year for the last three years, that bidder will be failed in the Technical Evaluation. Pass / Fail

3. Capacity to undertake this contract within current workload. To get the pass mark for this criterion, the number of similar (in value) projects in hand shall not be more than t [06]. If the project is nearly in completion (90% to 100%), it will not be considered as a project in hand. Pass / Fail

4. Key assets/Equipment that the bidder shall demonstrate adequate ownership of, or access to: Minimum required list of machineries and equipment per each lot is as shown in schedule 8. Separate lists per each lot shall be submitted in fulfilling this minimum requirement Check and clarify

Returnable Bid Schedule 9 – Works Management System The bidder’s quality or implementation manual and preliminary plan demonstrate the bidder’s capacity to consistently be able to construct works to the required quality. Check and clarify

Returnable Bid Schedule 10 – Proposed Subcontractors and Suppliers The bidder’s proposed subcontractors and suppliers are of an appropriate quantity and quality and their location is appropriate. Check and Clarify

Returnable Bid Schedule 11 –Outline Statement of Proposed Methods The bidder’s proposed method statement demonstrates the bidder’s capacity to plan and execute the works in a professional and properly staged manner. The bidder’s proposed naturally occurring materials are from a responsible and appropriate location and the material comply with required standard under the Contract. Check and Clarify

Returnable Bid Schedule 12 – Declaration The bidder’s declaration is correctly filled out. Check and clarify

Returnable Bid Schedule 13 – Conflict of Interest The bidder’s filled out this schedule. Check and clarify

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

Returnable Bid Schedule 14 – Dispute Details The bidder’s filled out this schedule. Check and clarify

Returnable Bid Schedule 15 – Addenda to ITB The bidder’s filled out this schedule. Check and clarify

A bidder will be Substantially non-compliant, if a bidder has obtained “fail” marks for any of the “pass fail” schedules above.

Bidders who have obtained “Pass” marks for all of the “pass fail” schedules above, will be Substantially compliant.

Financial Evaluation Criteria

Financial evaluation of the bids shall be conducted only for the bids found to be Substantially compliant.on the following basis. Price components of each lot shall be evaluated separately. (I) The quoted price for each item is compared with UNOPS’ Engineer’s Estimate of the respective item. Noticeable discrepancies of the bidder’s rates of each bid shall be identified and noted. To be passed in this criteria, the arithmetically corrected bid price shall be above or less than twenty percent (± 20%) of the UNOPS ‘Engineer’s estimate. Pass / Fail (III) To assist in the examination, evaluation and comparison of bids, UNOPS may, at its discretion, ask any bidder for clarifications, including but not limited to breakdown of unit rates. All requests for clarification shall be issued and responded to in writing and no change in the price or substance of the bid shall be sought, offered or permitted, except as required in order to allow for correction of arithmetic errors discovered by UNOPS. (IV) Discrepancies and errors in the Price Component of the Tender will be corrected as follows: a) Where there is a discrepancy between the total amount in figures and in words, the corrected amount in figures will govern; and b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the quoted unit rate will govern, unless in the opinion of UNOPS there is an obviously gross misplacement of the decimal point in the unit rate, in which case the unit rate will be corrected and the line item total respected or corrected in accordance with this paragraph, if need be. and c) If there is a discrepancy in between the sum in the Covering letter of the Price component and the quoted total sum of the BOQ, the lowest value is taken as the contract sum and the rates shall be adjusted accordingly.

(V) The amount stated in the Bid shall be adjusted by UNOPS in accordance with the above procedure for the correction of errors and, with the concurrence of the bidder, shall be considered as binding upon the bidder. If the bidder does not accept the corrected amount, the bid will be rejected.

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AWARD CRITERIA

UNOPS will award the contract(s) to the lowest Evaluated priced bidder(s) of the “substantially compliant” bid(s) per Lot. UNOPS will negotiate with the successful bidder in terms of allocation of technical personnel and construction equipments for the winning lots. The Successful Bidder(s) will be notified about UNOPS’ intention to award the Contract(s) for the works stipulated through a Letter of Intent. The Successful Bidder(s), within seven (07) calendar days from the receipt of the Letter of Intent from UNOPS shall submit a performance bond in the format attached to this document – Section V, from a bank acceptable to UNOPS, for a sum equivalent to 10% of the Contract Price and all other insurance certificates as stipulated in Section V of this Invitation to Bid. Upon submission and acceptance of all the above mentioned documents by UNOPS, the contract(s) will be signed by both parties. Works shall be commenced within (07) calendar days upon signing of the contract by both parties.

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SECTION IV RETURNABLE BID SCHEDULES

Note to Bidders: Instructions to complete each Returnable Bid Schedule are highlighted in blue in each schedule. Please complete the Returnable Bid Schedules as instructed

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RETURNABLE BID SCHEDULE 1 FORM OF BID

Director & Representative United Nations Office for Project Services Sri Lanka Operational Hub (UNOPS-LKOH) 118/5, Nawala Road Colombo 05, Sri Lanka

Dear Sir/Madam,

Subject: Invitation to Bid for the Construction of Sewerage and Waste Water Treatment Plant for Vavuniya Hospital, Sri Lanka ITB Case No. SAOH/83228/2015/ITB-007.

1. We, [Name of Bidder], hereby submit a bid for the construction of the above- referenced works in response to the above-referenced ITB.

2. We warrant that in preparing and submitting this bid, we have complied with, and are willing to be bound by, any and all of the requirements and provisions of the above- referenced ITB, including the terms and conditions of the Contract as set out in Section V of the ITB.

3. Based on the above, our proposed Contract [ insert lot number and name] & the Price is: [Insert Proposed Contract Price in numbers and letters] with Tax.

4. Our bid shall remain valid for UNOPS’ acceptance until ninety (90) days from the Deadline for Bid Submission.

5. We acknowledge and agree that:

 subject to Section III of the ITB, UNOPS is not bound to accept the lowest bid or any other bid it may receive in response to the above-referenced ITB;  no liability of UNOPS and no binding contract exists until the Contract is executed by both parties;  each party constituting the bidder is bound jointly and severally by this bid; and

6. Enclosed is a bid security in the sum of [insert amount] in the form set out in the Returnable Bid Schedule 2 – Form of Bid Security, issued by [insert name of bank].

I, the undersigned, certify that I am duly authorized by [insert name of bidder] to sign this bid and bind [insert name of bidder] should UNOPS accept this bid:

Name: ______

Title: ______

Date: ______

Signature: ______

[Stamp form of bid with official stamp of the bidder]

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RETURNABLE BID SCHEDULE 2

FORM OF BID SECURITY

BANK GUARANTEE FOR BID

[Insert Letterhead of Bank] Date: [insert] To: Director & Representative United Nations Office for Project Services Sri Lanka Operational Hub (UNOPS-LKOH) 118/5, Nawala Road Colombo 05, Sri Lanka

Dear Sir/Madam,

Re: Bank Guarantee for Bid in response to Invitation to Bid Case No. SAOH/83228/2015/ITB-007

The United Nations Office for Project Services (UNOPS) issued an Invitation to Bid for the Construction of Sewerage and Waste Water Treatment Plant for Vavuniya Hospital, Sri Lanka, Case No. SAOH/83228/2015/ITB-007 (ITB). In response to this ITB, [insert name of bidder] has informed you of its intent to submit a bid for the lots of [ insert lot number and name].

As required in the ITB, we, [insert bank], at the request of [insert name of bidder], hereby irrevocably and unconditionally undertake with UNOPS that whenever UNOPS gives written notice to us stating that in your sole and absolute judgment [insert name of bidder] has failed to comply with the terms and conditions of its bid, we will, notwithstanding any objection which may be made by [insert name of bidder], and without any right of set-off or counterclaim, immediately pay to UNOPS the sum of [insert amount of bid security].

This bank guarantee is valid and will continue to be valid from the date of this letter until 30 days beyond the bid validity period, as may be extended, after which this bank guarantee will automatically become null and void, unless a dispute arises in relation to this bank guarantee.

Any payment by us in accordance with this bank guarantee shall be in immediately available and freely transferable in Sri Lankan Rupees, free and clear of and without any deduction for or on account of any present or future taxes, levies, imposts, duties, charges, fees, set off, counterclaims, deductions or withholdings of any nature whatsoever and by whomever imposed.

Our obligations under this bank guarantee constitute direct primary, irrevocable and unconditional obligations, do not require any previous notice to or claim from [insert name of bidder]and will not be discharged or otherwise prejudiced or adversely affected by any:

 time, lenience or tolerance which you may grant to [insert name of bidder];  intermediate payment or other fulfilment made by us;  change in the constitution or organisation of the [insert name of bidder]; or  other matter or thing which in the absence of this provision would or might have that effect, except a discharge or amendment expressly made or agreed to by you in writing.

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This bank guarantee may not be assigned by UNOPS to any person, firm or company other than an affiliate, without our prior written consent, which shall not be unreasonably withheld. UNOPS shall notify us in writing of any assignment, after which we shall make any payment claimed under this bank guarantee to the person, firm or company specified in the notice which will constitute a full and valid release by us in relation to that payment.

Any notice required by this bank guarantee is deemed to be given when delivered (in the case of personal delivery) or forty-eight (48) hours after being dispatched by prepaid registered post or recorded delivery (in the case of a letter) or as otherwise advised by and between the parties.

We agree that part of the bid may be amended, renewed, extended, modified, compromised, released or discharged by mutual agreement between you and [insert name of bidder], and this security may be exchanged or surrendered without in any way impairing or affecting our abilities under this bank guarantee without notice to us and without the necessity of any additional endorsement, consent or guarantee by us, provided, however, that guaranteed sum does not increase or decrease.

No action, event or condition which by any applicable law may operate to free us from liability under this bank guarantee will have any effect. We waive any right we may have to apply such law so that in all respects our liability under this bank guarantee will be irrevocable and, except as stated in this bank guarantee, unconditional in all respects.

This bank guarantee is governed by the Uniform Rules for Demand Guarantees, ICC Publication No. 758, provided that the supporting statement under Article 15 (a), and Articles 34 and 35 are excluded. Any disputes arising out or in connection with this bank guarantee, or the breach, termination, or invalidity thereof will be referred to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules then in effect, the language of the proceedings being English.

Nothing in or relating to this bank guarantee shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs, of which UNOPS is an integral part, which are hereby expressly reserved. Notices under this bank guarantee shall be made to:

[insert contact information for notices]

IN WITNESS of which the [insert name of bank] has duly executed this Guarantee on the date stated above.

SIGNED by [insert]

as attorney for [insert]

under power of attorney dated [insert]

______By executing this agreement the attorney states that the attorney has received no notice of revocation of the power of attorney

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RETURNABLE BID SCHEDULE 3

BIDDER'S DETAILS

ITB Case No.: ______

Name of bidder: ______

Trade Licence title and No.: ______

Address of registered office:______

______

Name of bidder representative: ______

Address for service of notices (if different than above):

______

Phone number: ______

Facsimile number: ______

Mobile phone number: ______

Email: ______

The following documents shall be attached with this schedule:

Copy of Business Registration Copy of ICTAD registration Copy of VAT Registration Power of Attorney from the company for the person who signs the Bid

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RETURNABLE BID SCHEDULE 4

BILL OF QUANTITIES SEPERATELY BOUND FOR EACH LOT

ITB Case No.: ______

Lot no & Name: ______

Name of bidder: ______

Date: ______

Signature: ______

Note to bidders: Bidders shall provide rates and/or prices for all items listed in the Bill of Quantities and Day work Rates. Where an item is not priced and/or a rate is not provided in the Bill of Quantities such price and/or rate shall be deemed to be allowed for and included in other rates or prices contained in the Bill of Quantities.

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

RETURNABLE BID SCHEDULE 5

BIDDER PRELIMINARY PROGRAMME

ITB Case No.:______

Lot no & Name :______

Name of bidder: ______

Date: ______

Signature: ______

Note to bidders: Bidders shall submit a preliminary programme for the execution of the works.

Bidders are required to make their own detailed assessment of the time, work methods and activities that shall be required for the successful and timely completion of the works, and shall submit their bid on the basis of an assurance that the works can be completed by the Time for Completion and the milestone dates identified in the Contract.

The preliminary programme shall be prepared in sufficient detail to enable UNOPS to adequately evaluate the planned execution, staging and allocation of resources for the works.

The preliminary programme shall show the dates when the milestones identified in the Contract shall be achieved. It shall also include and/or be accompanied by:

(i) a programme narrative that describes the mechanisms and assumptions made in preparing the programme; and (ii) a critical path analysis for the execution of the works which shall clearly show the float times available within the programme and the earliest start/earliest finish and latest start/latest finish times for each and every activity.

If a bidder is selected as the preferred bidder, it shall be required to further develop and complete this programme in accordance with the contract for works.

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

RETURNABLE BID SCHEDULE 6

PROPOSED PROJECT TEAM AND ORGANIZATIONAL STRUCTURE

ITB Case No.:______

Lot no & Name :______

Name of bidder: ______

Date: ______

Signature: ______

Note to bidders: Bidders shall set out below:

1. the minimum requirement of key personnel for the execution of each lot of works is as follows  One number of Project Manager (part time) B.Sc.in Civil Engineering who has had a minimum of five years experience, out of which at least three (3) years experience in similar works.  One number of Site Engineer(full time) B.Sc.in Civil Engineering who has had a minimum of three years experience, out of which at least two (2) years experience in similar works.  One Technical Officer shall be proposed with NCT (or equivalent) in Civil Engineering who has had a minimum of five years experience, out of which at least three (3) years experience in similar works

2. the key personnel that the bidder proposes to assign to the execution of the works;

3. the qualifications and relevant experience of each of the key personnel that the bidder proposes to assign to the execution of the works, including a CV/resume for each of the key personnel;

4. the proposed organisational structure for carrying out the works. Bidders are to attach a chart indicating the bidder's organisation structure; and

5. the bidder’s representatives who are authorized to sign the Contract. The bidder shall provide a copy of such authorization

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Key Personnel For specific key positions essential to contract implementation, Bidder must provide the names and CV’s of candidates qualified to meet the specified requirements stated for each position.

Head office Staff No Position Description Name Years Exp Contact no 1 2 3 4 5 6 7 8

Site Staff No Position Description Name Years Exp Contact no 1 2 3 4 5 6 7 8

Contractor's Representative as per the Contract: No. Position Description Name Years Exp 1 Contractors Representative

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

RETURNABLE BID SCHEDULE 7

INSURANCES

ITB Case No.:______

Name of bidder: ______

Date: ______

Signature: ______

Note to bidders: 1. Bidders are to provide details of their insurance policies if they have any at the time of preparing their Bid. If selected, Bidders will have to comply with the insurance requirements as set out under Article 14 and the Schedule of Details of the Contract. 2. Bidders are advised that UNOPS may request copies of the insurance policies and any endorsements during the review of bids, including amounts of any deductibles and all exclusions. 3. The successful bidder has to provide the Construction All Risks Insurance for the Full Estimated Contract Value and Third Party Liability Insurance for LKR 500,000 for any one occurrence without limiting the number of occurrences.

4. Bidders may indicate here that the following required insurance policies (if they currently don’t have any) would be obtained upon the award of the contract.

1. Construction All Risks Insurance/Third Party Liability Insurance Name of Insurer: Policy No.: Insured Amount: Renewal Date: Name of Broker: Contact details of Broker:

2. Contractor’s Plant and Equipment Insurance Name of Insurer: Policy No:

Insured Amount: Renewal Date:

Name of Broker: Contact details of Broker:

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

RETURNABLE BID SCHEDULE 8

CAPACITY, EXPERIENCE, WORK IN HAND AND WORK COMPLETED

ITB Case No.:______

Name of bidder: ______

Date: ______

Signature: ______

1. Similar projects during the last [05] years: [List names, locations and value] Note: Each project listed shall be supported by certification from the respective Client for satisfactory completion of the services. Experience without client certificate will not be accepted. Use form I & II for the details.

FORM I Similar Construction Works Completed Within Last Five Years

No Name of Contract Employer Contract Date of Value Completion

Note: (1) Completion Certificates from the clients and respective Consultants shall be submitted to effect that the works have been successfully completed. Note: (2) Details shall be completed for all companies separately in the application as either individual contractor in case of a joint venture. Note: (3) Use separate sheets for more entries

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

FORM II Contracts completed within last 5 years as specified in Data Sheet and employee (Client/Consultant) recommended certificates should be attached for evidence Use a separate sheet for each contract listed in Form I. Reference for satisfactory completion should be attached.

1. Name of contract

2. Name of Employer

3. Employer’s Address & Contact details (Telephone, e-mail, fax)

4. Nature of works and special features relevant to the contract for which the bidder wishes to bid

6. Value of the total contract; at date of award………. at completion ………… To date (for contracts in progress) …………………

7. Date of award

8. Date of completion

9 Contract duration ……………………….months

10 Client certificate attached herewith Yes/No

Note: (1) Details shall be completed for all companies separately in the application as either individual contractor in case of a joint venture.

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

2. All projects during the last [3] years: [List names, locations and value] FORM III All Construction Works Completed Within Last Three Years

Name of Contract Employer Contract Date of Value Completion 1.

Note: (1) Use separate sheets for more entries

3. All current projects underway or committed to start: [List names, locations and value] Form IV List of All On-Going Contracts

Expected Name of Value Still to be Expected Average Name Value Se no Contract & of Work Complete Completion Monthly Location ( LKR) of d( LKR) Date Cash Flow Client ( LKR)

Total Value

The work-in-progress shall be certified by the client or client and consultant whichever case may be. Applicants are required to attach such certificates. E-mail address and telephone number of such Clients and Consultants who can speak/write in English and are knowledgeable about the work should also be attached. Note: (1) Details shall be completed for all companies separately in the application as either individual contractor, joint venture.

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

4. Assets [List information regarding relevant facilities, fixed and/or mobile plants and equipments that would be used on this project. If such facilities, fixed and/or mobile plants and equipments are not owned by the bidder, please include information on how facilities, fixed and/or mobile plants and equipments will be hired or leased.] Use form V for the details.

Essential assets for each Lot is as listed below.

Description of Equipments Quantity Poker Vibrator 1"-11/2" 2 Concrete Mixer (1 bag capacity) 2 Backhoe loader 1 Tipper 3 cube capacity 1 Tractor with trailer/ bowser 1 Submersible pump 1 Survey equipment (Levelling 1 instrument)

FORM V

List of Construction Equipment Proposed For The Project List of proposed plant and equipment which the applicant believes is required and which he intends to provide at project site only.

Description Nos Year Of (Type, Model, Make) ( If applicable) Owned or Leased Capacity/ Performance Manufacture /Size

(a) Attach documentary evidence of ownership such as registration, etc. (b) Give Letter of Consent from owner for hired or leased plant.

Note: (1) Details shall be completed for all companies separately in the application as either individual contractor in case of a joint venture.

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

RETURNABLE BID SCHEDULE 9

WORKS MANAGEMENT SYSTEM

ITB Case No.:______

Name of bidder: ______

Date: ______

Signature: ______

Note to bidders:

 Bidders are required to provide the following information:

Project implementation/quality management - Project implementation/quality management manual/policy (if any); - An outline project implementation/quality management plan for the project.

Health and safety management - Health and safety management manual/policy (if any); - An outline health and safety management plan for the project.

Environmental management - Environmental management manual/policy(if any); - An outline environmental management plan for the project.

 After selection of the successful bidder, UNOPS, in consultation with the bidder, will review above information with a view to determining how it can be integrated with UNOPS’ own works management system. Please note that UNOPS’ management system sets a standard minimum and shall apply by default.

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

RETURNABLE BID SCHEDULE 10

PROPOSED SUBCONTRACTORS AND SUPPLIERS

ITB Case No.:______

Lot no & Name :______

Name of bidder: ______

Date: ______

Signature: ______

Note to bidders: Bidders shall provide details of the subcontractors and suppliers they propose to use on the project, including:

 Companies' names; and  Particulars of the works which the bidder proposes to be undertaken by them.

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

RETURNABLE BID SCHEDULE 11

OUTLINE STATEMENT OF PROPOSED METHODS

ITB Case No.:______

Lot no & Name :______

Name of bidder: ______

Date: ______

Signature: ______

Note to Bidders: Bidders shall provide details of their proposed sources of naturally occurring materials, including aggregates, and outline statement method statement setting out how they intend to stage and construct the works and coordinate with the local authorities in order to obtain all required authorizations and make sure that the project will be implemented on schedule. . bidder shall provide a detailed method statement setting out:

(i) how it proposes to stage and construct the works;

(ii) a description of how the bidder proposes to obtain all requisite NOC’s (no objection certificates) from the relevant authorities prior to commencement of the works onsite;

(iii) a statement describing its methodology for coordinating with the authorities and complying with respective timescales for advance notification to enable works to commence on the project site in accordance with the programme to be submitted by the bidder with Returnable Bid Schedule 5; and

(iv) how it proposes to implement traffic management.

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

RETURNABLE BID SCHEDULE 12

DECLARATION

United Nations Office for Project Services Director & Representative United Nations Office for Project Services Sri Lanka Operational Hub (UNOPS-LKOH) 118/5, Nawala Road Colombo 05, Sri Lanka

Dear Sir/Madam,

Subject: Invitation to Bid for Construction of Sewerage and Waste Water Treatment Plant for Vavuniya Hospital, Sri Lanka. ITB Case No. SAOH/83228/2015/ITB-007

I, [insert name and title], [insert title], do solemnly and sincerely declare that:

1. I am duly authorised by [Insert name of bidder] (the Bidder) to make this declaration on its behalf.

2. I make this declaration on behalf of the Bidder.

3. Before the Bidder submitted its bid, neither the Bidder, nor any of its employees or agents, had knowledge of the bid price proposed by any other bidder who submitted, or of any person, company, other body corporate or firm that proposed to submit, a bid in response to this ITB.

4. Before the Deadline for Bid Submission of this bid process, neither the Bidder, nor any of its employees or agents, disclosed the Bidder’s bid price to:

(i) any other bidder who submitted a bid in response to this ITB; (ii) any person, company, other body corporate or firm proposing to submit a bid in response to this ITB.

5. Neither the Bidder, nor any of its employees or agents, has provided information to:

(i) any other bidder who has submitted a bid in response to this ITB; (ii) any person, company, other body corporate or firm proposing to submit a bid in response to this ITB; or (iii) any other person, company, body corporate or firm for the purpose of assisting in the preparation of a bid in response to this ITB.

6. The Bidder is genuinely competing for the Contract.

7. Neither the Bidder, nor any of its employees or agents, has entered into any contract, agreement, arrangement or understanding, other than as disclosed to UNOPS in the bid, that the successful bidder for the Contract shall pay any money to, or provide any other benefit or other financial advantage to, an industry association in respect of the Contract.

8. Neither the Bidder, nor any of its employees or agents, has entered into any contract, agreement, arrangement or understanding that the successful bidder for the Contract

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

shall pay any money to, or provide any other benefit or other financial advantage to, any other bidder who unsuccessfully tendered for the Contract. 9. Neither the Bidder, nor any of its employees or agents, has entered into any contract, agreement, arrangement or understanding that bidders for the Contract would include an identical or similar condition or qualification in their bids.

I acknowledge that this declaration is true and correct, and I make it in the belief that a person making a false declaration is liable to penalties.

DECLARED at [insert place] on [insert date] before me: ______Signature of authorised witness

______Name of authorised witness (capital letters)

______Address of authorised witness

______Witness’ Occupation

______Signature of declarant

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

RETURNABLE BID SCHEDULE 13

CONFLICTS OF INTEREST

ITB Case No.:______

Name of bidder: ______

Date: ______

Signature: ______

Note to Bidders: Bidder shall declare any actual or potential conflicts of interest which may arise with respect to the project as between:

(i) UNOPS and the bidder; and

(ii) UNOPS and any subcontractor (including consultants) proposed by the bidder

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

RETURNABLE BID SCHEDULE 14

DISPUTE DETAILS

ITB Case No.:______

Name of bidder: ______

Date: ______

Signature: ______

Note to Bidders: Bidder shall submit a statement below providing details of any current contract dispute and/or arbitral or legal proceeding involving the bidder. The statement shall include details of any dispute which has been, or is reasonably likely to be, referred to formal dispute proceedings (e.g. mediation or arbitration) or is the subject of litigation in any court locally or overseas. This information shall be provided regardless of whether such action has been instigated by the bidder against a client or a client of the bidder against the bidder.

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

RETURNABLE BID SCHEDULE 15

ADDENDA TO ITB

ITB Case No.:______

Name of bidder: ______

Date: ______

Signature: ______

We acknowledge receipt of the following Addenda, which have been taken into account in preparing the bid:

Addendum Number Dated

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

SECTION V: UNOPS SHORT FORM CONSTRUCTION CONTRACT

European Union –Support to District Development Programme (EU-SDDP) in Vavuniya District, Sri Lanka

Project No: SL36P1-1400 [Atlas Project Number 00083228]

Construction of Sewerage and Waste Water Treatment Plant for Vavuniya General Hospital, Sri Lanka

[ insert name of the package (s)] (1) UNITED NATIONS OFFICE FOR PROJECT SERVICES (“UNOPS”) - and – (2) [insert the Contractor's name]

Contract No.:SL36C1-140 (X) June 2015 Short Form Construction Contract SHORT FORM CONSTRUCTION CONTRACT Operational excellence for results that matter

The Copyright owner of this work is UNOPS.

This publication is exclusive for use as provided under the Licence Agreement between UNOPS and FIDIC, and, consequently, no part of this publication may be reproduced, translated, adapted, stored in a retrieval system or communicated, in any form or by any means, whether mechanical, electronic, magnetic, photocopying, recording or otherwise, without prior permission in writing from UNOPS.

To request such permission, please contact: UNOPS Infrastructure Practice Copenhagen, Denmark

FIDIC is not responsible for the accuracy or completeness of translations of this publication unless such translation explicitly indicates otherwise.

SHORT FORM CONSTRUCTION CONTRACT Operational excellence for results that matter

CONTENTS

INSTRUMENT OF AGREEMENT ...... 1

GENERAL CONDITIONS ...... 3

1. GENERAL PROVISIONS ...... 3

1.1 Definitions ...... 3

1.2 Interpretation ...... 6

1.3 Priority of Documents ...... 6

1.4 Language ...... 6

1.5 Communications ...... 6

1.6 Statutory Obligations ...... 6

1.7 Assignment ...... 7

1.8 Confidential Details ...... 7

2. THE EMPLOYER ...... 7

2.1 Provision of Site ...... 7

2.2 Permits and Licences ...... 7

2.3 Employer’s Instructions ...... 7

2.4 Approvals ...... 8

3. EMPLOYER’S REPRESENTATIVES ...... 8

3.1 Employer’s Representative ...... 8

3.2 Employer’s Representative’s Assistant ...... 8

4. THE CONTRACTOR & PERFORMANCE OF THE WORKS ...... 9

4.1 General Obligations ...... 9

4.2 Contractor’s Representative ...... 9

4.3 Subcontracting ...... 9

4.4 Bank Guarantee for Performance ...... 10

4.5 Contractor’s Personnel ...... 10

4.6 Publicity and and Use of the Name, Emblem or official Seal of the Employer or United Nations ...... 11

SHORT FORM CONSTRUCTION CONTRACT Operational excellence for results that matter

4.7 Mines ...... 11

4.8 Official-Not-To-Benefit, Corruption and Fraud ...... 11

4.9 Supply of Water ...... 12

4.10 Alcoholic Liquor or Drugs ...... 12

4.11 Arms, Ammunition & Explosives ...... 12

4.12 Festivals and Religious Customs ...... 13

4.13 Epidemics ...... 13

4.14 Fundamental Principles and Rights at Work: ...... 13

4.15 Child Labour ...... 13

4.16 Sexual Exploitation ...... 14

4.17 Security of the Site ...... 14

4.18 Unexploded Ordinances ...... 14

5. DESIGN BY CONTRACTOR ...... 15

5.1 Contractor’s Design ...... 15

5.2 Design by Contractor ...... 15

6. EMPLOYER’S RISKS ...... 15

6.1 Employer’s Risks ...... 15

7. TIME FOR COMPLETION ...... 16

7.1 Execution of the Works ...... 16

7.2 Programme ...... 16

7.3 Extension of Time ...... 16

7.4 Late Completion ...... 16

8. TAKING-OVER ...... 16

8.1 Completion ...... 16

8.2 Taking-Over Certificate ...... 17

8.3 Testing ...... 17

9. REMEDYING DEFECTS ...... 17

9.1 Remedying Defects ...... 17

SHORT FORM CONSTRUCTION CONTRACT Operational excellence for results that matter

9.2 Uncovering and Testing ...... 18

9.3 Final Completion Certificate ...... 18

9.4 Unfulfilled Obligations ...... 19

10. VARIATIONS AND CLAIMS ...... 19

10.1 Right to Vary ...... 19

10.2 Valuation of Variations ...... 19

10.3 Notice of Delay ...... 20

10.4 Right to Claim ...... 20

10.5 Adjustments for Changes in Cost ...... 20

11. CONTRACT PRICE AND PAYMENT ...... 21

11.1 Contract Price & Valuation of the Works ...... 21

11.2 Statements ...... 21

11.3 Advance Payment ...... 21

11.4 Interim Payment ...... 22

11.5 Payment of First Half of Retention ...... 22

11.6 Payment of Second Half Retention ...... 23

11.7 Final Payment ...... 23

11.8 Currency ...... 23

11.9 Delayed Payment ...... 23

11.10 Provisional Sums ...... 23

11.11 Audit and Investigations ...... 23

12. DEFAULT & TERMINATION ...... 24

12.1 Default by Contractor ...... 24

12.2 Default by Employer ...... 25

12.3 Insolvency ...... 25

12.4 Payment upon Termination ...... 25

12.5 Employer’s Entitlement to Terminate for Convenience ...... 26

12.6 Cessation of Work and Removal of Contractor’s Equipment ...... 26

SHORT FORM CONSTRUCTION CONTRACT Operational excellence for results that matter

13. RISK AND RESPONSIBILITY ...... 26

13.1 Contractor’s Care of the Works ...... 26

13.2 Force Majeure ...... 27

14. INSURANCE ...... 27

14.1 Extent of Cover ...... 27

14.2 Arrangements ...... 28

14.3 Failure to Insure ...... 28

15. RESOLUTION OF DISPUTES ...... 28

15.1 Dispute Resolution Procedure ...... 28

15.2 Conciliation ...... 29

15.3 Arbitration ...... 29

15.4 Dispute resolution not to delay execution of the Works ...... 29

15.5 Survival ...... 30

16. PRIVILEGES AND IMMUNITIES ...... 30

PARTICULAR CONDITIONS ...... 31

SCHEDULES ...... 32

SCHEDULE 1 - SCHEDULE OF DETAILS SCHEDULE 2 - SCHEDULE OF WORKS SCHEDULE 3 - SCHEDULE OF SITE SCHEDULE 4 - SCHEDULE OF CONTRACT PRICE SCHEDULE 5 - SCHEDULE OF PAYMENT SCHEDULE 6 - BILL OF QUANTITIES SCHEDULE 7 - SCHEDULE OF PROGRAMME SCHEDULE 8 - SCHEDULE OF KEY PERSONNEL SCHEDULE 9 - SCHEDULE OF SECURITY SCHEDULE 10 - SCHEDULE OF AUXILIARY WORKS

SHORT FORM CONSTRUCTION CONTRACT Operational excellence for results that matter

INSTRUMENT OF AGREEMENT

THIS CONTRACT is made on the ______day of ______20[insert].

BETWEEN

(1) United Nations Office for Project Services (“UNOPS”), an organ of the United Nations, having its postal address at Sri Lanka Operational Hub, No:118/5 Nawala Road, Colombo 05, Sri Lanka ("Employer"); and

(2) [insert name], a [insert type of company i.e. limited liability] company incorporated under the laws of [insert] and having its registered address at [insert address], [insert name of city and country] ("Contractor").

BACKGROUND

A The Employer intends to undertake the Project. The Works are an integral part of the Project.

B The Contractor has represented to the Employer that it has the appropriate experience, expertise, licences and resources to undertake the Works and has agreed to undertake the Works in accordance with the Contract.

C In reliance on the Contractor's representations the Employer has entered into the Contract.

D The Contract sets out the terms and conditions upon which the Contractor will undertake the Works.

THIS CONTRACT:

1. The Employer agrees to pay the Contractor the Contract Price, at the times and in the manner prescribed by the Contract, in consideration for the Contractor executing and completing the Works and remedying all defects in accordance with the Contract and otherwise performing all of its obligations in accordance with the Contract.

2. In the Contract words and expressions will have the same meanings as are respectively assigned to them in the General Conditions.

3. The following documents, listed in the order of priority, are deemed to form and be read and construed as part of the Contract:

3.1 this Instrument of Agreement; 3.2 the Schedule of Details; 3.3 the Particular Conditions; 3.4 the General Conditions; 3.5 the Specification; 3.6 the Drawings; and 3.7 the remaining Schedules.

SHORT FORM CONSTRUCTION CONTRACT Operational excellence for results that matter

SIGNING PAGE

IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their respective duly authorised representatives as of the date first written above:

SIGNED BY ______

Francoise Jacob Director & Representative UNOPS-LKOH

Duly authorised to sign this Contract for and on behalf of the Employer, UNOPS:

In the presence of:

Signature ______(witness)

Address ______

Occupation ______

SIGNED BY ______

[insert name of authorised signatory of the Contractor]

Duly authorised to sign this Contract for and on behalf of the Contractor, [insert]:

In the presence of:

Signature ______(witness)

Address ______

Occupation ______

SHORTSHORT FORM FORM CONSTRUCTION CONSTRUCTION CONTRACT CONTRACT GeneralGeneral Conditions Conditions Operational excellence for results that matter

GENERAL CONDITIONS

1. GENERAL PROVISIONS

1.1 Definitions

Definitions

In the Contract as defined below, the words and expressions defined have the following meanings assigned to them, except where the context requires otherwise:

"Bank Guarantee for advance payment" means the security (or securities) to be provided under Sub-Clause 11.3 [Advance Payment].

"Bank Guarantee for performance" means the security (or securities) to be provided under Sub-Clause 4.4 [Bank Guarantee for Performance].

"Bill of Quantities" means the document, if any, entitled Bill of Quantities set out in the Schedule of Contract Price.

"Commencement Date"means the date stated in the Schedule of Details.

"Contract" means the Instrument of Agreement, these General and Particular Conditions, the Schedules and the further documents (if any) which are listed in the Instrument of Agreement.

“Contract Price” means the price specified in the Schedule of Details, subject to any increases or decreases as may be made in accordance with this Contract.

"Contractor" means the entity named as the "Contractor" in the Instrument of Agreement and the legal successors in title and assigns to this entity.

"Contractor's Equipment" means all apparatus, machinery, vehicles, facilities and other things required for the execution of the Works but does not include Materials or Plant.

"Contractor's Personnel" means the Contractor's Representative and all personnel the Contractor utilises on the Site, which may include the staff, labour, agents and other employees of the Contractor and of each subcontractor and any other personnel assisting the Contractor in the execution of the Works.

"Contractor's Representative" means the person named as such in the Schedule of Details or appointed from time to time by the Contractor under Sub-Clause 4.2, who acts on behalf of the Contractor.

"Cost" means all direct and reasonable expenditure properly incurred in connection with the execution of the Works by the Contractor but does not include non-project specific overheads, profit or loss of profit.

"Country" means the country in which the Site is located.

“Date of Substantial Completion” means the date when the Works have reached Substantial Completion as stated in the Taking-Over Certificate.

SHORTSHORT FORM FORM CONSTRUCTION CONSTRUCTION CONTRACT CONTRACT GeneralGeneral Conditions Conditions Operational excellence for results that matter

"day" means a calendar day, unless provided otherwise.

"Defects Notification Period" means the period for notifying defects in the Works under Sub-Clause 9.1, as stated in the Schedule of Details (with any extension under Sub-Clause 9.1), calculated from the Date of Substantial Completion as stated in the Taking-Over Certificate issued under Sub-Clause 8.2.

"Drawings" means thedrawings of the Works as listed in the Schedule of Works, and any additional or modified drawings issued by (or on behalf of) the Employer.

"Employer" means the entity named as the "Employer" in the Instrument of Agreement, and the legal successors in title and assigns and novatees to this entity.

"Employer's Representative" means the person named as such in the Schedule of Details or as otherwise notified by the Employer to the Contractor, who acts on behalf of the Employer.

"Employer's Risks" means those matters listed in Sub-Clause 6.1.

"Final Completion Certificate" means the certificate issued under Sub-Clause 9.3.

"Force Majeure" means an event or circumstance which is beyond the control and without the fault or negligence of the Party affected and which by the exercise of reasonable diligence the Party affected was unable to prevent provided that event or circumstance is limited to the following:

(a) war, (whether war be declared or not), invasion, act of foreign enemies within the Country;

(b) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war within the Country;

(c) munitions of war, ionising radiation or contamination by radio-activity within the Country, except as may be attributable to the Contractor's use of such munitions, explosives, radiation or radio-activity; and

(d) earthquake, hurricane, typhoon, tsunami or fire emanating from outside the Site within the Country that are outside the normal range for that place at that time of year, but excluding any other weather conditions regardless of the severity.

"General Conditions" means these general conditions of Contract.

"Instrument of Agreement" means the document signed by the Parties and forming part of the Contract.

"Materials" means things of all kinds (other than Plant) intended to form or forming part of the permanent work.

"Particular Conditions" means the particular conditions (if any) set out immediately before the Schedules to the Contract.

"Party" means either the Employer or the Contractor.

SHORTSHORT FORM FORM CONSTRUCTION CONSTRUCTION CONTRACT CONTRACT GeneralGeneral Conditions Conditions Operational excellence for results that matter

"Plant" means the machinery, vehicles and apparatus intended to form or forming part of the permanent work.

"Project" means the project described in the Schedule of Details.

"Schedule of Contract Price" is Schedule 4.

"Schedule of Details" is Schedule 1.

"Schedule of Payment" is Schedule 5.

"Schedule of Security" is Schedule 6.

"Schedule of Site" is Schedule 3.

"Schedule of Works" is Schedule 2.

"Schedules" means Schedules 1 to 6 to this Contract, including any further documents which are annexed or attached to, or incorporated by reference into Schedules 1 to 6.

"Site"means the places provided by the Employer where the Works are to be executed and to which Plant and Materials are to be delivered as shown in the Schedule of Site, and any other places specified in the Contract as forming part of the Site.

"Specification" means the requirements or documents as listed in the Schedule of Works, including Employer's requirements in respect of design to be carried out by the Contractor, if any, and any Variation to such document.

“Substantial Completion” means that stage in the execution of the Works when the following has occurred:

(a) the Works are performed and completed in accordance with this Contract except for minor defects which would not affect the performance or operation of the Works;

(b) all tests required by this Contract have been undertaken and successfully passed;

(c) all documents, technical and other information, including plans, designs, drawings, as-built drawings, engineering information, data, specifications, reports and any other information required under this Contract have been supplied to the Employer’s Representative in accordance with this Contract or as directed by the Employer’s Representative from time to time;

(d) all third party warranties and certificates and local authority approvals have been issued and provided to the Employer’s Representative; and

(d) any other preconditions to Substantial Completion set out in the Schedule of Details have been met.

SHORTSHORT FORM FORM CONSTRUCTION CONSTRUCTION CONTRACT CONTRACT GeneralGeneral Conditions Conditions Operational excellence for results that matter

"Taking-Over Certificate" means a certificate issued under Clause 8 certifying that the Works have reached Substantial Completion and stating the Date of Substantial Completion.

"Time for Completion" means the time for completing the Works as stated in the Schedule of Details (or as extended under Sub-Clause 7.3), calculated from the Commencement Date.

"Variation" means a change, alterations, addition or omission to the Works which is instructed by the Employer’s Representative under Sub-Clause 10.1

"Works" means all the work and design (if any) to be performed by the Contractor in accordance with this Contract as specified in the Schedule of Works, including temporary work and any Variation.

1.2 Interpretation

Interpretation

Words importing persons or parties include firms and organisations. Words importing singular or one gender include plural or the other gender where the context requires.

1.3 Priority of Documents

Priority of Documents

The documents forming the Contract are to be taken as mutually explanatory of one another. If an ambiguity or discrepancy is found in the documents, the Employer’s Representativewill issue any necessary instructions to the Contractor, and the priority of the documents is in accordance with the order as listed in the Instrument of Agreement.

1.4 Language

Language

The language for communications is English.

1.5 Communications

Communications

Any notice, approval, consent or other communication in relation to this Contract must be in writing, signed, dated and marked to the relevant representative of the Parties and sent to the address for service of notices and communications set out in the Schedule of Details.

1.6 Statutory Obligations

Statutory Obligations

The Contractor must comply with the laws of the countries where activities are performed. The Contractor must give all notices and pay all fees and other charges in respect of the Works.

SHORTSHORT FORM FORM CONSTRUCTION CONSTRUCTION CONTRACT CONTRACT GeneralGeneral Conditions Conditions Operational excellence for results that matter

1.7 Assignment

Assignment

The Contractor must not assign or novate any of its rights or obligations under this Contract without prior written consent of the Employer.

The Employer has the right to assign or novate any or all of its rights or obligations under this Contract after giving written notice to the Contractor.

1.8 Confidential Details

Confidential Details

The Contractor must keep confidential and must not, without the written consent of the Employer, disclose to any third party the terms and conditions of the Contract, or any documents or other information furnished directly or indirectly by either Party in connection with the Contract or the Works, except if disclosure is required by law or for outside consultants engaged to act in connection with the Works (including insurance and legal advisers). In addition, the Contractor must not (without the prior written consent of the Employer) take, or authorise the taking of, any photograph of the Works or the Site for use in any publicity or advertising.

2. THE EMPLOYER

2.1 Provision of Site

Provision of Site

The Employer will provide non-exclusive possession of the Site and non-exclusive right of access to the Site at the times stated in the Schedule of Details. The Contractor must comply with any conditions relating to the Site as stated in the Schedule of Site.

2.2 Permits and Licences

Permits and Licences

The Contractor must obtain and comply with all relevant permits, licences, authorisations and approvals necessary to carry out the Works in accordance with the Contract. The Employer must, if requested, assist the Contractor in applying for such permits, licences, authorisations or approvals which are required for the Works.

2.3 Employer’s Instructions

Employer’s Instructions

The Contractor must comply with all instructions given by the Employer or the Employer’s Representative in respect of Works. The Employer or the Employer’s Representative is entitled to suspend progress of part or all of the Works at any time and for any reason by giving the Contractor written notice. During such suspension,

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the Contractor must protect, store and secure such part of the Works against any deterioration, loss or damage.

If the Contractor receives a notice of suspension under this Sub-Clause 2.3, the Contractor must suspend progress of the relevant parts of the Works until such time as the Employer’s Representative directs the Contractor to resume progress of those parts of the Works by notice in writing.

If a suspension under this Sub-Clause 2.3 has continued for more than 180 consecutive days, the Contractor may request the Employer's Representative's permission to proceed with the Works. If the Employer's Representative does not give permission within 28 days after being requested to do so, the Contractor may, by giving notice to the Employer's Representative, treat the suspension as an omission under Sub-Clause 10.1 of the affected part of the Works. If the suspension affects the whole of the Works, the Contractor may give a notice in accordance with Sub-Clause 12.2.

2.4 Approvals

Approvals

No approval or consent or absence of comment by the Employer or the Employer's Representative will affect the Contractor's obligations.

3. EMPLOYER’S REPRESENTATIVES

3.1 Employer’s Representative

Employer’s Representative

The Employer's Representative is authorised to carry out the duties assigned to it in the Contract. The Employer's Representative has no authority to amend the terms of the Contract unless an amendment is authorised and approved in writing by the Employer. The Employer’s Representative may instruct Variations in accordance with Clause 10.

3.2 Employer’s Representative’s Assistant

Employer’s Representative’s Assistant

The Employer’s Representative may from time to time assign duties and delegate authority to an individual to carry out certain duties. The appointee may be notified by the Employer to the Contractor from time to time. The Employer must notify the Contractor of the delegated duties and authority of this Employer's Representative’s assistant.

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4. THE CONTRACTOR& PERFORMANCE OF THE WORKS

4.1 General Obligations

General Obligations

The Contractor must carry out the Works properly and in accordance with the Contract, includingall works which are necessary to satisfy the Specifications and the Drawingsand all other works which (although not expressly mentioned in the Contract) are necessary for the stability and/or for the completion, and/or safe and proper operation of the Works. The Contractor must provide all supervision, labour, Materials, Plant and Contractor's Equipment which may be required. All Materials and Plant on Site are deemed to be the property of the Employer.

The Contractor must comply with all applicable occupational health and safety and environmental laws, guidelines, rules, procedures, quality control requirements and codes of practice including those stated in the Schedule of Works and any provided to the Contractor by the Employer’s Representative.

The Contractor is deemed to have inspected and examined the Site, its surroundings, and access to the Site and to have satisfied itself that the Site and access to the Site, including security, is suitable for the Works and is deemed to have obtained all necessary information as to risks which may affect execution of the Works including climatic, hydrological and natural conditions and is not entitled to an increase to the Contract Price or to an extension to the Time for Completion based upon such conditions encountered during the execution of the Works that could have been reasonably foreseen by an experienced contractor acting in accordance with industry best practice.

The Contractor must, in a form acceptable to the Employer’s Representative, provide the Employer’s Representative with monthly, or more frequently on request by the Employer’s Representative, reports in relation to the Works and any occupational, health and safety issues in relation to the Works. The report must comply with any requirements stated in the Schedule of Works.

4.2 Contractor’s Representative

Contractor’s Representative

The Contractor’s Representative is named in the Schedule of Details. The Contractor must not replace the Contractor’s Representative without the prior written consent of the Employer’s Representative and must submit to the Employer’s Representative for approval the name and particulars of the person the Contractor proposes to replace the Contractor’s Representative. The Contractor is responsible for all acts and omissions of the Contractor’s Representative.

The Contractor gives the Contractor's Representative all authority necessary to act on the Contractor's behalf under the Contract.

4.3 Subcontracting

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Subcontracting

The Contractor must not subcontract the whole of the Works. The Contractor must not subcontract any part of the Works without the prior written consent of the Employer’s Representative.

4.4 Bank Guarantee for Performance

Bank Guarantee for Performance

Unless otherwise stated in the Schedule of Details, the Contractor must deliver to the Employer, within 14 days of the Commencement Date, an unconditional and irrevocable on-demand bank guarantee in the form provided in the Schedule of Security, from a bank approved by the Employer, for the amount stated in the Schedule of Details.

Any Bank Guarantee for performance provided to the Employer under Sub-Clause 4.4 must be valid until the Taking-Over Certificatefor the whole of the Works is issued under Sub-Clause 8.2, when it will reduce by half. It must be valid until the Final Completion Certificateis issued or the final resolution of any dispute between the Parties under or in connection with this Contract, whichever is the later.

The Employer may withhold, retain or set off from any payment due to the Contractor under this Contract amounts to protect the Employer against any costs, charges, expenses and damages for which the Contractor is liable to the Employer under or in connection with this Contract. This right to withhold, retain or set off does not limit the Employer’s right to recover those amounts in any other way.

4.5 Contractor’s Personnel

Contractor’s Personnel

The Contractor's Personnel must be appropriately qualified, skilled and experienced in their respective trades or occupations.The Employer's Representative may require the Contractor to remove (or cause to be removed) any person employed on the Site or in the execution of the Works, including the Contractor's Representative who in the opinion of the Employer’s Representative:

(a) persists in any misconduct or lack of care;

(b) carries out duties incompetently or negligently;

(d) persists in any conduct which is prejudicial to safety, health, or the protection of the environment.

Wherethis Sub-Clause 4.5 applies, the Contractor must then appoint (or cause to be appointed) a suitable replacement person for each person so removed.

The Contractor must provide and maintain all necessary sanitary and welfare facilities for the Contractor's personnel and must at all times take all reasonable

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precautions to maintain the health and safety of the Contractor’s personnel and comply with all relevant labour laws.

The parties agree that if the Employer’s Representative becomes aware that the Contractor has failed to pay any subcontractor’s or the Contractor’s Personnel in accordance with this Contract, and the Employer’s Representative gives the Contractor written notice 48 hours before the Employer intends to pay, the Employer may, in its absolute discretion, pay those staff, labour or subcontractors the amount the Employer’s Representative determines is, or may be owing and the Employer may recover any such amount paid as a debt due from the Contractor to the Employer.

The Employer will not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any of the Contractor’s Personnel, unless resulting from any act or default of the Employer, its agents or servants. The Contractor must defend, hold and save harmless and indemnify the Employer against all claims and proceedings, as well as damages and compensation in relation to any accident or injury to any of the Contractor’s Personnel, unless resulting from any act or default of the Employer, its agents or servants. The Contractor is responsible for all costs, including legal costs, charges and expenses whatsoever associated with the defence of the Employer.In defending the Employer, the Contractor shall not enter into a settlement agreement without the prior written approval of the Employer.

4.6 Publicity and and Use of the Name, Emblem or official Seal of the Employer or United Nations

Publicity and and Use of the Name, Emblem or official Seal of the Employer or United Nations

The Contractor must not advertise or otherwise make public for purposes of commercial advantage or goodwill that it has a contractual relationship with the Employer or the United Nations, nor must the Contractor, in any manner whatsoever use the name, emblem or official seal of the Employer or the United Nations, or any abbreviation of their name in connection with its business or otherwise without the written permission of the Employer. This Sub-Clause 4.6 survives the completion, expiry or termination of the Contract.

4.7 Mines

Mines

(a) The Contractor warrants and represents that neither it, its parent entities (if any), nor any of the Contractor’s subsidiaries or affiliated entities (if any) is engaged in the sale or manufacture of anti-personnel mines or components utilised in the manufacture of anti-personnel mines.

(b) The Contractor acknowledges and agrees that any breach of this Sub-Clause 4.7 entitles the Employer to terminate the Contract immediately in accordance with Sub-Clause 12.1, without any liability for termination charges or any other liability of any kind.

4.8 Official-Not-To-Benefit, Corruption and Fraud

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Official-Not-To-Benefit, Corruption and Fraud

(a) The Contractor warrants that it has not engaged, or attempted to engage, in any way whatsoever, in any corruption or fraud in connection with the selection process or the execution of this Contract or any other activities of the Employer or any other entity of the United Nations, involving, in any way whatsoever, any Employer’s personnel or representative, official, or other agent of the Employer or any other entity of the United Nations.

(b) In this Sub-Clause 4.8, “corruption” means the offering, giving, receiving or soliciting from or to any person, directly or indirectly, anything of value as an inducement or reward:

i. for doing or forbearing to do any action in relation to the Contract, the selection process or any other activities of the Employer or of any other entity of the United Nations; or

ii. for showing or forbearing to show favour or disfavour to any person in relation to the Contract, or any other activities of the Employer or of any other entity of the United Nations.

(c) In this Sub-Clause 4.8, “fraud” means a misrepresentation or omission of fact(s) in order to influence, or to attempt to influence, the selection process or the execution of this Contract or any other activities of the Employer or of any other entity of the United Nations.

(d) Contractor acknowledges and agrees that any breach of this Sub-Clause 4.8 entitles the Employer to terminate the Contract immediately by written notice in accordance with Sub-Clause 12.1, without any liability for termination charges or any other liability of any kind.

4.9 Supply of Water

Supply of Water

The Contractor must provide on the Site, for the duration of the Works, an adequate supply of drinking and other water for the use of its staff and labour.

4.10 Alcoholic Liquor or Drugs

Alcoholic Liquor or Drugs

The Contractor must not bring onto or store on the Site, import, sell, give, barter or otherwise dispose of any alcoholic liquor or drugs, or permit or suffer any such importation, sale, gift, barter or disposal by its subcontractors, agents, staff or labour.

4.11 Arms, Ammunition & Explosives

Arms, Ammunition& Explosives

Unless otherwise stated in the Schedule of Works or instructed or permitted by the Employer in writing, the Contractor must not bring onto or store on the Site, give,

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barter or otherwise dispose of to any person or persons, any arms, ammunition or explosives of any kind or permit or suffer the same.

4.12 Festivals and Religious Customs

Festivals and Religious Customs

The Contractor must in all dealings with its staff and labour have due regard to all recognised festivals, days of rest and religious or other customs.

4.13 Epidemics

Epidemics

In the event of any outbreak of illness of an epidemic nature, the Contractor must comply with and carry out such regulations, orders and requirements as may be made by the relevant authorities or local medical or sanitary authorities for the purpose of dealing with or overcoming the epidemic.

4.14 Fundamental Principles and Rights at Work:

Fundamental Principles and Rights at Work:

(a) The Contractor warrants that it will comply with, and ensure the Contractor’s Personnel will comply with, the 1998 International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work. These universal rights, as applied in the context of ILO, are freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced or compulsory labour, the abolition of child labour and the elimination of discrimination in respect of employment and occupation.

(b) The Contractor must provide a safe and secure working environment, and provide separate amenities on the Site, for women employed in the execution of the Works.

(c) The Contractor acknowledges and agrees that any breach of this Sub-Clause 4.14 entitles the Employer to terminate the Contract immediately in accordance with sub-Clause 12.1, without any liability for termination charges or any other liability of any kind.

4.15 Child Labour

Child Labour

(a) The Contractor represents and warrants that neither it, its parent entities (if any), nor any of the Contractor’s subsidiary or affiliated entities (if any) is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, which, inter alia, requires that a child must be protected from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development.

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(b) The Contractor acknowledges and agrees that any breach of this Sub-Clause 4.15 entitles the Employer to terminate the Contract immediately in accordance with Sub-Clause 12.1, without any liability for termination charges or any other liability of any kind.

4.16 Sexual Exploitation

Sexual Exploitation

(a) The Contractor must take all appropriate measures to prevent sexual exploitation or abuse of anyone by the Contractor’s Personnel. For these purposes, sexual exploitation and abuse includes sexual activity with any person less than eighteen years of age, regardless of any laws relating to consent, unless such sexual activity is consensual between two persons who are married and such marriage is recognized as valid under the laws of the country of citizenship of such Contractor’s personnel.

(b) In addition, the Contractor must refrain from, and must take all reasonable and appropriate measures to prohibit its employees or other persons engaged and controlled by it from exchanging any money, goods, services, or other things of value, for sexual favours or activities, or from engaging any sexual activities that are exploitive or degrading to any person.

(c) The Contractor acknowledges and agrees that any breach of this Sub-Clause 4.16 entitles the Employer to terminate the Contract immediately in accordance with Sub-Clause 12.1, without any liability for termination charges or any other liability of any kind.

4.17 Security of the Site

Security of the Site

Unless otherwise stated in the Contract, the Contractor must keep unauthorised persons from entering the Site. Authorised persons are limited to the Contractor's Personnel and the Employer's personnel and any other personnel notified to the Contractor, by theEmployer or the Employer's Representative, as authorised personnel of the Employer or the Employer's other contractors on the Site. The security and safety of the Site, the Contractor’s Equipment, the Employer’s equipment, Plant, Materials and all other property or personnel on the Site is the sole responsibility of the Contractor.TheContractor must comply with any other security requirements set out in theSchedule of Site.

4.18 Unexploded Ordinances

Unexploded Ordinances

If at any time during the carrying out of the Works the Contractor discovers an unexploded ordinance or land mine, the Contractor must immediately stop work, notify the Employer’s Representative, take all necessary steps to ensure the safety of all persons and property and secure the Site. The Contractor must immediately resume the Works when instructed by the Employer’s Representative that is it safe to do so.

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5. DESIGN BY CONTRACTOR

5.1 Contractor’s Design

Contractor’s Design

The Contractor must carry out design to the extent specified in accordance with the Contract,including the Schedule of Works. The Contractor must promptly submit to the Employer’s Representative all designs prepared by the Contractor. Within 14 days of receipt the Employer’s Representativemay notify any comments or, if the design submitted is not in accordance with the Contract, may reject it stating the reasons. The Contractor must not construct any element of the permanent work designed by the Contractorwithout the approval and prior written consent of the Employer’s Representativeor where the design for that element has been rejected. Design that has been rejected must be promptly amended and resubmitted. The Contractor must resubmit all designs commented on, taking these comments into account as necessary.

5.2 Design by Contractor

Design by Contractor

The Contractor is responsible for any design it has prepared and such designmust be fit for the intended purposes defined in the Contract. The Contractoris also responsible for any infringement of any patent or copyright in respect of the same.

6. EMPLOYER’S RISKS

6.1 Employer’s Risks

Employer’s Risks

In this Contract, Employer's Risks mean:

(a) a Force Majeure event,

(b) a suspension under Sub-Clause 2.3 unless it is attributable to the Contractor's failure, act, omission or breach,

(c) any delay or disruption caused by any Variation, except where that Variation is caused by the Contractor’s failure, act, omission or breach,

(d) any act, omission or breach by the Employer or its agents, and

(e) the occurrence of any event specified in the Schedule of Details.

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7. TIME FOR COMPLETION

7.1 Execution of the Works

Execution of the Works

The Contractor must commence the Works on the Commencement Date and must proceed expeditiously and without delay and must complete the Works within the Time for Completion.

7.2 Programme

Programme

Within the time stated in the Schedule of Details, the Contractor must submit to the Employer’s Representative for approval, a programme for the Works in accordance with and in the form stated in the Schedule of Works. The programme will be used to monitor the progress of the Works under the Contract. The Employer’s Representative may request the Contractor to submit an amended programme at any time for approval.

7.3 Extension of Time

Extension of Time

Subject to Sub-Clause 10.3, the Contractor may be entitled to an extension to the Time for Completion if it is or will be delayed by any of the Employer's Risks.

Despite any other provision in this Contract, the Employer’s Representative may, in its absolute discretion and at any time, grant an extension to the Time for Completion. Such an extension must be granted in writing.

7.4 Late Completion

Late Completion

If the Contractor fails to complete the Works within the Time for Completion, the Contractor must pay delay damages for such failure in the amount stated in the Schedule of Details for each day for which the Contractor fails to complete the Works up to and including the Date of Substantial Completion as stated in the Taking-Over Certificate.

If the cumulative amount of delay damages reaches the amount stated in the Schedule of Details, the Employer may terminate the Contract at any time in accordance with Sub-Clause 12.1.

8. TAKING-OVER

8.1 Completion

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Completion

The Contractor must notify the Employer’s Representative in writingas soon asit considers that the Works have reached the stage of Substantial Completion.

8.2 Taking-Over Certificate

Taking-Over Certificate

After receiving the notice under Sub-Clause 8.1, the Employer’s Representativemusteither issue a Taking-Over Certificate stating the Date ofSubstantial Completion or notify the Contractor that there are defects or deficiencies in the Works that prevent Substantial Completion being reached.

If the Employer’s Representative notifies the Contractor that there are defects or deficiencies in the Works, the Contractor must correct the defects or deficiencies and the procedures in this Clause 8 must be repeated until the Employer’s Representative issues a Taking-Over Certificate.

The Contractor acknowledges and agrees that it takes full responsibility for the care of the Works until the Date of Substantial Completion and that no partial or entire use or occupancy of the Site or the Works by the Employer in any way constitutes an acknowledgement by the Employer that Substantial Completion has occurred, nor does it release the Contractor from any of its warranties, obligations or liabilities under or in connection with this Contract.

The Employer must take over the Works upon the Date of Substantial Completion.

After issuance of the Taking-Over Certificate the Contractor must promptly complete any outstanding work, submit a statement in accordance with Sub-Clause 11.2 and, subject to Clause 9, clear the Site.

8.3 Testing

Testing

The Contractor must undertake all tests in accordance with the requirements set out in the Schedule of Works, and must agree, with the Employer's Representative, 4 days prior written notice of the time and place for the specified testing of any Plant, Materials and other parts of the Works.

9. REMEDYING DEFECTS

9.1 Remedying Defects

Remedying Defects

The Employer’s Representative may at any time prior to the expiry of the relevant Defects Notification Period, notify the Contractor of any defects or outstanding work. The Contractor must remedy at no cost to the Employer any defects due to the Contractor's design, Materials, Plant or workmanship not being in accordance with

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the Contract. The timing of remedying a defect must be agreed between the Parties, or failing agreement, be reasonably specified by the Employer’s Representative.

If the Contractor fails to rectify the defect within the time agreed or specified, the Employer’s Representative may do so or engage another party to do so at the Contractor’s risk and expense and any cost will be a debt due from the Contractor to the Employer.

The Defects Notification Period will be extended to the extent that the Works, part of the Works or a major item of Plant (as the case may be) cannot be used for the purposes for which they are intended by reason of a defect or damage or failure by the Contractor to comply with any other obligation of the Contract and such extension will be equal to the period for which the Works, part of the Works or major item of Plant cannot be so used for the purpose intended or, if instructed in writing by the Employer’s Representative, the Defects Notification Period will recommence (and restart from the beginning) from the date of the repair, replacement or making good of suchdefect or damage, but only in respect of that part of the Works repaired, replaced or made good.

9.2 Uncovering and Testing

Uncovering and Testing

The Employer’s Representative may give instruction as to the uncovering and/or testing of any work. Unless as a result of any uncovering and/or testing it is established that the Contractor's design, Materials, Plant or workmanship are defective or not in accordance with the Contract or the Contractor did not give sufficient notice in accordance with Sub-Clause 8.3 before covering the relevant parts of the Works, the Contractor will be paid for such uncovering and/or testing as a Variation in accordance with Sub-Clause 10.2. If the Contractor did not give sufficient notice in accordance with Sub-Clause 8.3 before covering the relevant parts of the Works or if the Employer’s Representative establishes that the Contractor's design, Materials, Plant or workmanship are defective or not in accordance with the Contract, the Contractor must (at its cost) then promptly make good the defect and ensure that the rejected item complies with the Contract and bears the cost of uncovering and testing.

9.3 Final Completion Certificate

Final Completion Certificate

Performance of the Contractor's obligations will not be considered to have been completed until the Employer's Representative has issued the Final Completion Certificate to the Contractor, stating the date on which the Contractor completed its obligations under the Contract.

The Employer's Representative must issue the Final Completion Certificate within 28 days after thelatest of the expiry dates of the Defects Notification Periods or as soon thereafter as the Contractor has supplied all relevant documents and completed and tested all of the Works, including remedying defects notified under Sub-Clause 9.1. A copy of the Final Completion Certificate must be issued to the Employer. Notwithstanding this the Employer may issue the Final Completion Certificate at any time after the Employer’s Representative has issued the Taking-Over Certificate.

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9.4 Unfulfilled Obligations

Unfulfilled Obligations

After the Final Completion Certificate has been issued, each Party remains liable for the fulfilment of any obligation which remains unperformed at that time. For the purposes of determining the nature and extent of unperformed obligations, the Contract is deemed to remain in force.

10. VARIATIONS AND CLAIMS

10.1 Right to Vary

Right to Vary

The Employer’s Representative may, in its absolute discretion and at any time before the Taking-Over Certificate is issued,initiate, or immediately instructVariations by written notice and the Contractor must carry out and be bound by any such Variations.Unless otherwise instructed by the Employer’s Representative in this notice, the Contractor must provide a detailed breakdown of the increase or decrease in the Contract Price and any effect on the Time for Completion within 7 days of receipt of this notice, and before the Contractor carries out the Variation. The Contractor must then execute and is bound by the Variation unless otherwise instructed by the Employer’s Representative.

The Contractor agrees that a Variation may involve an omission of any part or parts of the Works and in the case of an omission the Employer may engage others to perform that part or parts so omitted.

10.2 Valuation of Variations

Valuation of Variations

Variations will be valued by the Employer’s Representative as follows:

(a) at a rate or lump sum price agreed between the Parties, or in the absence of agreement

(b) where appropriate, at rates in the Bill of Quantities, or if there are no applicable rates in the Bill of Quantities, at the rates in the schedule of Variation rates contained in the Schedule of Contract Price, or

(c) in the absence of appropriate rates, then a fair and reasonable valuation of the Variation will be made by the Employer’s Representative, or

(d) if the Employer’s Representative so instructs, at daywork rates set out in the Schedule of Contract Price for which the Contractor must keep records of hours of labour and Contractor's Equipment, and of Materials used.

For the avoidance of doubt the Contractor’s entitlement to payment for a Variation excludes non-project specific overheads and costs.

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10.3 Notice of Delay

Notice of Delay

The Contractormust notify the Employer’s Representative as soon as practicableand in any case in writing no later than 7 days (or within a time frame notified by the Employer’s Representative)afterit becomes aware of any event or circumstance which may delay or disrupt the Works, or which may give rise to a claim for additional payment, Costs and/or other entitlements or relief from obligations, under any Clause of these General Conditions or otherwise arising out of or in connection with the Contract. The Contractor must take all reasonable steps to minimise these effects.

The notice submitted by the Contractor under this Sub-Clause10.3 mustset out details of the event or circumstance giving rise to the claim, and if requested supply supporting documents, stating a reasonable period by which the Contractor believes the Time for Completion should be extended and the nature and extent of any additional resultant Costs. As soon as practicable after the receipt of this notice, the Employer’s Representative will notify the Contractor of the period, if any, by which the Time for Completion will be extended and additional payment of Costs (if any) to which the Contractor is entitled under the Contract.The Employer's Representative may also respond with comments and request any necessary further particulars.

The Contractoris not entitled to an extension to the Time for Completion or additional payment or Costs if it does not submit a notice in accordance with and within the time statedin Sub-Clause 10.3 in which case the Contractor will be deemed to have waived its entitlement to make such claim, the Employer will be discharged from all liability arising out of or in connection with the claim and the Contractor must comply with its obligations to perform the Works by the Time for Completion and for the Contract Price.

10.4 Right to Claim

Right to Claim

Subject to Sub-Clause 10.3, if the Contractor incurs Cost as a result of any of the Employer's Risks, other than a Force Majeure event, the Contractor will be entitled to the amount of such Cost. If as a result of any of the Employer's Risks, it is necessary to change the Works, this will be dealt with as a Variation.

10.5 Adjustments for Changes in Cost

Adjustments for Changes in Cost

Unless otherwise expressly stated in the Schedule of Contract Price, the Contract Price, and the rates and prices inserted in the Bill of Quantities, will not be adjusted for rises or falls in the cost of labour, goods and other inputs to the Works and the Contract Price and the rates and prices inserted in the Bill of Quantities,will be deemed to include amounts to cover contingency of rises and falls in the cost of labour, goods and other inputs to the Works.

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11. CONTRACT PRICE AND PAYMENT

11.1 Contract Price & Valuation of the Works

Contract Price &Valuation of the Works

The Employer must pay the Contractor the Contract Price in accordance with this Clause 11 andthe Schedule of Contract Price. The Contractor is deemed to have satisfied itself as to the correctness and sufficiency of the Contract Price and all fixed unit rates and prices in the Contract.

11.2 Statements

Statements

The Contractor must submit a statement to the Employer’s Representative in accordance with the requirements and timings stated in the Schedule of Payment or otherwise as notified by the Employer’s Representative in writing. Each statement must be in a form approved by the Employer’s Representative, showing the value of the work performed and details of any other amounts to which the Contractor considers itself entitled.If requested by the Employer’s Representative, when submitting the statement the Contractor must provide verification of all payments owed to subcontractors and the Contractor’s Personnel.

The statement must be based on the prices and/or rates set out in the Bill of Quantities or as otherwise set out in the Schedule of Contract Price.

If a percentage is stated in the Schedule of Details, the Contractor will be entitled to that percentage of the value of Materials and Plant listed in the Schedule of Details if such Plant and Materials are in accordance with the Contract, delivered to and properly stored on the Site at a reasonable time.

Within 28 days after the Employer’s Representative issues theTaking-Over Certificate, the Contractor must submit a statement to the Employer’s Representative as its final statement in respect of the Contract Price and any claim the Contractor has in respect of the Works under the Contract which the Contractor considers to be due from the Employer for all events and circumstances that have occurred up to the Date of Substantial Completion stated in the Taking-Over Certificate.

The Contractor is not entitled to make, and the Employer is released from, any new claim or an increased existing claim against the Employer in respect of the Contract Price or otherwise in respect of all events and circumstances that have occurred up to the earlier of the submission of the statement or expiration of the 28 days.

11.3 Advance Payment

Advance Payment

(a) The Employer will make the advance payment (if any) set out in the Schedule of Payment, as a loan for mobilisation, when the Contractor submits a Bank Guarantee for advance payment in accordance with this Sub-Clause 11.3. If no advance payment is set out in the Schedule of Payment, then this Sub- Clause 11.3 will not apply.

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(b) Unless otherwise notified by the Employer, the Employer will pay the advance payment only after receiving the Bank Guarantee for performance (if any)in accordance with Sub-Clause 4.4 and a Bank Guarantee for advance payment in accordance with Sub-Clause 11.3(c), in amounts and currencies equal to the advance payment.

(c) The Bank Guarantee for advance payment payable in accordance with Sub- Clause 11.3(b), must be an unconditional and irrevocable on-demand bank guarantee in the form provided in the Schedule of Security, from a bank approved by the Employer. Unless and until the Employer receives this guarantee, Sub-Clause 11.3 will not apply.

(d) The Contractor must ensure that the Bank Guarantee for advance payment is valid and enforceable until the whole of the advance payment has been repaid, but its amount may be progressively reduced by the amount repaid by the Contractor in the interim payments. If the terms of the guarantee specify its expiry date, and the advance payment has not been repaid by the date 28 days prior to the expiry date, the Contractor must extend the validity of the guarantee until the advance payment has been repaid.

(e) The advance payment must be repaid by the Contractor through percentage deductions in interim payments. The Employer will deduct a percentage of each interim payment, at the rate stated in the Schedule of Payments, until such time as the advance payment has been repaid.

(f) If the advance payment has not been repaid prior to the issue of the Taking Over Certificate for the Works or prior to termination of the Contract, the whole of the balance then outstanding will immediately become due and payable by the Contractor to the Employer.

11.4 Interim Payment

Interim Payment

Within 28 days of delivery of each statement submitted in accordance with Sub- Clause 11.2, the Employer will pay to the Contractor the amount shown in the Contractor's statement less retention at the rate stated in the Schedule of Details and less any amounts to be deducted for advance payment and repayments in accordance with Sub-Clause 11.3, and less any other amount for which the Employer’s Representative has specified its reasons for disagreement or that has become due under the Contract. The Employer is not bound by any sum previously considered by the Employer to be due to the Contractor

The Employer may withhold interim payments until it receives the performance security under Sub-Clause 4.4 (if any).

11.5 Payment of First Half of Retention

Payment of First Half of Retention

One half of the retention will be paid by the Employer to the Contractor within 14 days after issuing the Taking-Over Certificate under Sub-Clause 8.2.

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11.6 Payment of Second Half Retention

Payment of Second Half Retention

The remainder of the retention will be paid by the Employer to the Contractor within 14 days after receiving the Final Completion Certificate.

11.7 Final Payment

Final Payment

Within 7 days after receiving the Final Completion Certificate, the Contractor must submit a final account to the Employer’s Representative together with any documentation reasonably required to enable the Employer to ascertain the final contract value.

Within 28 days after the submission of this final account, the Employer must pay to the Contractor any amount due. If the Employer disagrees with any part of the Contractor's final account, the Employermust specify its reasons for disagreement when making payment.

11.8 Currency

Currency

Payment will be in the currency stated in the Schedule of Details.

11.9 Delayed Payment

Delayed Payment

The Contractor isnot entitled to any interest in respect of any amount in any statement submitted to the Employer in accordance with Sub-Clause 11.2 which remains due and unpaid.

11.10 Provisional Sums

Provisional Sums

If a provisional sum is included in the Schedule of Contract Price, it will not be payable by the Employer unless the Employer’s Representative directs the Contractor to perform the work or item to which the provisional sum relates. If the Employer’s Representative directs the Contractor to perform that work, the work or item will be priced by the Employer’s Representative in accordance with Sub-Clause 10.2, and the difference will be added to or deducted from the Contract Price.

11.11 Audit and Investigations

Audit and Investigations

(a) Each payment made by the Employer to the Contractor may be subject to a post-payment audit by auditors, whether internal or external, of the Employer or by other authorised and qualified agents of the Employer at any time during the term of the Contract and for a period of two (2) years following the

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expiration or prior termination of the Contract. The Employer is entitled to a refund from the Contractor for any amounts shown by such audits to have been paid by the Employer other than in accordance with the terms and conditions of the Contract.

(b) The Contractor acknowledges and agrees that, from time to time, the Employer may conduct investigations relating to any aspect of the Contract or the award thereof, the obligations performed under the Contract, and the operations of the Contractor generally relating to performance of the Contract. The right of the Employer to conduct an investigation and the Contractor’s obligation to comply with such an investigation does not lapse upon issuance of the Final Completion Certificate or prior termination of the Contract. The Contractor must provide its full and timely cooperation with any such inspections, post- payment audits or investigations. Such cooperation must include, but is not limited to, the Contractor’s obligation to make available the Contractor’s Personnel and any relevant documentation for such purposes at reasonable times and on reasonable conditions and to grant to the Employer access to the Contractor’s premises at reasonable times and on reasonable conditions in connection with such access to the Contractor’s Personnel and relevant documentation. The Contractor must require its agents, including, but not limited to, the Contractor’s attorneys, accountants or other advisers, to reasonably cooperate with any inspections, post-payment audits or investigations carried out by the Employer.

12. DEFAULT& TERMINATION

12.1 Default by Contractor

Default by Contractor

If the Contractor abandons the Works, refuses or fails to comply with a valid instruction of the Employer or the Employer’s Representative or fails to proceed expeditiously and without delay, or is in breach of the Contract, the Employer’s Representative may give notice referring to this Sub-Clause and stating the default.

If the Contractor has not taken all practicable steps to remedy the default within 14 days after the Contractor's receipt of the Employer’s Representative's notice, the Employer may by a second notice of 14 days, terminate the Contract.

The Employer may terminate the Contract immediately by written notice if the Contractor is declared insolvent under Sub-Clause 12.3 or is in breach of Sub- Clauses 4.7, 4.8, 4.14, 4.15 or 4.16 or submits a guarantee, certificate, statement, test result or any other document it is required to submit under the Contract that is false or intentionally misleading.

If the Employer delivers a termination notice under this Sub-Clause 12.1, the Contractor must stop work and demobilise (except to the extent specified in the

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notice from the Employer) and take such action as necessary or as the Employer’s Representative directs, for the transfer, protection and preservation of the Employer’s property and deliver any required goods and documents to the Employer’s Representative. The Contractor must use its best efforts to comply immediately with any reasonable instructions included in the notice for the assignment of any subcontract and for the protection of life or property or for the safety of the Works. The Contractor must leave behind any Contractor's Equipment, Materials and Plant which the Employer or the Employer’s Representative instructs, in writing, is to be used until the completion of the Works. The Employer may employ others to complete or perform the Works and the cost incurred that exceeds the Contract Price will be a debt due from the Contractor to the Employer.

12.2 Default by Employer

Default by Employer

If the Employer fails to pay in accordance with the Contract, or if a prolonged suspension affects the whole of the Works as described in Sub-Clause 2.3, the Contractor may give notice referring to this Sub-Clause and stating the default. If the default is not remedied within 14 days after the Employer's receipt of this notice, the Contractor may suspend the execution of all or parts of the Works.

If the default is not remedied within 28 days after the Employer's receipt of the Contractor's notice, the Contractor may by a second notice of 14 days, terminate the Contract. The Contractor must then demobilise from the Site.

12.3 Insolvency

Insolvency

If the Contractor is declared insolvent under any applicable law, the Employer may by written notice terminate the Contract immediately.

12.4 Payment upon Termination

Payment upon Termination

After termination, the Contractor is entitled to payment of the unpaid balance of the value of the Works executed and of the Materials and Plant reasonably delivered to the Site, adjusted by the following:

(a) any sums to which the Contractor is entitled under Sub-Clause 10.4,

(b) any sums to which the Employer is entitled,

(c) in the absence of appropriate rates, the rates in the Contract will be used as the basis for valuation, or failing which the Employer’s Representative will make a reasonable valuation, or

(d) if the Contractor has terminated under Sub-Clause 12.2 or the Employer has terminated under Sub-Clause 12.5, the Contractor is entitled to the Cost of its suspension and demobilisation together with a sum equivalent to 5% of the value of those parts of the Works not executed at the date of termination.

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The net balance due must be paid or repaid within 28 days of the notice of termination.

12.5 Employer’s Entitlement to Terminate for Convenience

Employer’s Entitlement to Terminate for Convenience

The Employer may in its absolute discretion terminate the Contract, at any time for the Employer's convenience, by giving notice of such termination to the Contractor. The termination will take effect 28 days after the latter of the dates on which the Contractor receives this notice, or the Employer returns the Bank Guarantee for performance.

12.6 Cessation of Work and Removal of Contractor’s Equipment

Cessation of Work and Removal of Contractor’s Equipment

After a notice of termination under Sub-Clauses 12.2, 12.5, 13.2 or 12.3 has taken effect, the Contractor must promptly cease all further work (except to the extent specified in the notice from the Employer) and take such action as necessary or as directed by the Employer, for the transfer, protection and preservation of the Employer’s property, protection of life or for the safety of the Works. Unless otherwise notified in writing by the Employer under Sub-Clause 12.1, the Contractor must remove all Contractor’s Equipment from the Site and remove from the Site any wreckage, rubbish and debris of any kind and leave the whole of the Site in a clean and safe condition.

13. RISK AND RESPONSIBILITY

13.1 Contractor’s Care of the Works

Contractor’s Care of the Works

The Contractor is responsible for the care of the Works from the Commencement Date until the date the Taking-Over Certificate is issued under Sub-Clause 8.2. Responsibility will then pass to the Employer. If any loss or damage happens to the Works during the above period, the Contractor must rectify such loss or damage so that the Works conform with the Contract and the requirements of any relevant authorities.

The Contractor must defend, hold and save harmless and indemnify, at its own cost, including legal costs, the Employer, its agents and employees from and against all suits, actions, claims and costs arising out of the acts or omissions of the Contractor, its employees, agents or subcontractors in connection with the Works and the Contractor’s other obligations under or in connection with the Contract, in respect of any accident, bodily injury, sickness or death to any person, infringement of any intellectual property rights and loss or damage to the Works or any property unless due to an act or default of the Employer or its personnel. In defending the Employer, the Contractor shall not enter into a settlement agreement without the prior written approval of the Employer.

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13.2 Force Majeure

Force Majeure

If a Party is or will be prevented from performing any of its obligations by Force Majeure, the Party affected must notify the other Party immediately in writing and not later than 7 days, setting out full details of the Force Majeure event and the reasons for the Force Majeure event preventing that Party from, or delaying that Party from, performing the affected obligations under this Contract. If instructed by the Employer’s Representative, the Contractor must suspend the execution of the affected Works and, to the extent agreed with the Employer’s Representative, demobilise the Contractor's Equipment, but only so far as, and for so long as, the performance of those obligations is affected by the Force Majeure event. The affected Party must use its best endeavours to overcome or remove the effects of the Force Majeure event as quickly as possible.

Upon completion of the Force Majeure event, the affected Party must as soon as is reasonably practicable recommence the performance of the affected obligations.

If the event continues for a period of 84 days, either Party may then give notice of termination which will take effect 28 days after the giving of the notice.

(a) any sums to which the Contractor is entitled under Sub-Clause 10.4,

(b) the Cost of suspension and demobilisation,

The net balance due must be paid or repaid within 28 days of the notice of termination.

The Contractor acknowledges and agrees that, with respect to any of its obligations under the Contract, the Contractor will be performing such obligations in areas in which the United Nations, including the Employer, is engaged in, preparing to engage in, or disengaging from peacekeeping, humanitarian or similar operations and any delays or failure to perform such obligations arising from or relating to harsh conditions within such areas, shall not, in and to itself, constitute a Force Majeure event.

14. INSURANCE

14.1 Extent of Cover

Extent of Cover

The Contractor must, on or prior to the Commencement Date, effect and thereafter maintain insurances in the joint names of the Parties:

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(a) for loss and damage to the Works, Materials, Plant and the Contractor's Equipment,

(b) for liability of both Parties for loss, damage, death or injury to third parties or their property arising out of the Contractor's performance of the Contract, including the Contractor's liability for damage to the Employer's property other than the Works, and

(c) for liability of both Parties and of any Employer's personnel for death or injury to the Contractor's Personnel except to the extent that liability arises from the negligence of the Employer, any Employer's representative or their employees.

14.2 Arrangements

Arrangements

All insurances must conform with any requirements detailed in the Schedule of Details. The policies must be issued by insurers and in terms approved by the Employer. The Contractor must provide the Employer with evidence that any required policy is in force and that the premiums have been paid.

All payments received from insurers relating to loss or damage to the Works must be held jointly by the Parties and used for the repair of the loss or damage or as compensation for loss or damage that is not to be repaired.

14.3 Failure to Insure

Failure to Insure

If the Contractor fails to effect or keep in force any of the insurances referred to in the previous Sub-Clauses, or fails to provide satisfactory evidence, policies or receipts, the Employer may, without prejudice to any other right or remedy, effect insurance for the cover relevant to such default and pay the premiums due and recover the same as a deduction from any other monies due to the Contractor.

15. RESOLUTION OF DISPUTES

15.1 Dispute Resolution Procedure

Dispute Resolution Procedure

Unless settled amicably by the Parties’ Representatives, any dispute or difference which arises between the Contractor and the Employer out of or in connection with the Contract, including any valuation or other decision of the Employer (“Dispute”),the Dispute must be referred, if requested by either Party, to the Senior Representatives of the Parties set out in the Schedule of Details, or any replacement notified by a Party to the other Party in writing.

If the Senior Representatives of the Parties are unable to resolve a Dispute referred to them within 28 days, either Party may invite the other Party to conciliate the

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Dispute in accordance with the provisions of Sub-Clause 15.2. Otherwise the Dispute must be referred, if requested by either Party, directly to arbitration in accordance with the provisions of Sub-Clause 15.3.

15.2 Conciliation

Conciliation

(a) In accordance with Sub-Clause 15.1, either Party may invite the other Party to conciliate a Dispute under the UNCITRAL Permanent Court of Arbitration Optional Conciliation Rules, 1996 (the “ConciliationRules”) provided that;

i. the language of the conciliation must be in English;

ii. one conciliator must be appointed and agreed by the Parties; or

iii. if the Parties are unable to agree on the appointment of a conciliator within 14 days after the matter has been referred to conciliation, the conciliator will be appointed by the Secretary-General of the Permanent Court of Arbitration in accordance with the Conciliation Rules.

If the Parties do not reach agreement under the Conciliation Rules, the Dispute shall be referred, if requested by either Party, to arbitration in accordance with Sub-Clause 15.3.

15.3 Arbitration

Arbitration

If the Partiesare unable to resolve the Dispute in accordance with Sub-Clause 15.1 or 15.2, the Dispute must, if requested by either Party, be referred to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules ("Arbitration Rules") then in effect, provided that:

(a) there is no seat or place of arbitration. The place of hearing must be the place stated in the Schedule of Details;

(b) the language of the arbitration must be English;

(c) the decisions of the arbitral tribunal must be based on general principles of international commercial law. The arbitral tribunal must not award punitive damages. In addition, the arbitral tribunal must not award interest in excess of the London Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such interest must be simple interest only.

The Parties will be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim.

The arbitral proceedings and any information and documents relating to these proceedings must be regarded as confidential.

15.4 Dispute resolution not to delay execution of the Works

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Dispute resolution not to delay execution of the Works

Despite any activation of the dispute resolution procedures under Sub-Clause 15.1, the Contractor must continue to execute the Works and its other obligations under or in connection with the Contract.

15.5 Survival

Survival

This Clause 15 survives the completion, expiry or termination of the Contract.

16. PRIVILEGES AND IMMUNITIES

Nothing in or relating to the Contract is deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs, of which the Employer is an integral part, which are hereby expressly reserved.

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PARTICULAR CONDITIONS

Additional Clauses The General Conditions are amended by the inclusion of the following additional conditions: If nothing is stated, then no additional conditions apply.

Clause Additional General Condition

14 Contractor’s All Risks Insurance Policy for the Full Estimated Contract Value Third Party Liability Insurance for LKR 500,000 for any one occurrence without limiting the number of occurrences. Workmen’s Compensation Insurance for all the contractor’s employees

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SCHEDULES

SCHEDULE 1 - SCHEDULE OF DETAILS

Commencement Date Within (07) calendar days upon signing of the contract by both (Sub-Clause 1.1) parties.

Contract Price The total estimated Contract Price amounts to [insert the (Sub-Clause 1.1) amount]. The final Contract Price will be determined in accordance with the Schedule of Contract Price & Payment See the Schedule of Contract Price & Payment for a breakdown of the Contract Price

Contractor’s Representative [name, position title and contact details to be inserted ]

(Sub-Clause 1.1)

Defects Notification Periods 6 months (Sub-Clause 1.1)

Employer’s Representative [name, position title and contact details to be inserted ] (Sub-Clause 1.1)

Project Upgrading of Storm Water Drainage System in Vavuniya (Sub-Clause 1.1) Township, Sri Lanka

Substantial Completion If none stated, then no additional grounds. (Sub-Clause 1.1)

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Time for Completion Whole of the Works

(Sub-Clause 1.1) Contract Period Lot Name of the Contract / (calendar No months)

Construction of Sewerage 1 10 and Septic Tanks.

2 Supply and Laying of Sewer 8 Pipe along the Road. Construction of Oxidations 3 Ponds at Thandikulam. 10

Further, the substantial completion of the following systems shall be achieved within the 8 calendar months duration from the commencement.  The sewerage system (lot 1 above) - transferring the connections can be done during the rest of the two months.  The oxidation ponds (lot 3 above) - the works on access road, boundary fencing and service building can be continued during the rest of the two months.

Address for Service of Notices Employer and Communications Attention: Francoise Jacob Position title: Director & Representative (Sub-Clause 1.5) Address: 118/5, Nawala Road Colombo 05 Sri Lanka Facsimile Number: +94 112506097 Email Address: [email protected]

Contractor Attention: [to be inserted ] Position title: [to be inserted ] Address: [to be inserted ] Facsimile Number: [to be inserted ] Email Address: [to be inserted ] Time(s) for access to and Within 7 days after signing of the contract by both parties possession of site (Sub-Clause 2.1)

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Amount of Bank Guarantee for The amount of the Bank Guarantee for performance to be Performance (Sub-Clause 4.4) provided under Sub-Clause 4.4 is the amount equal to 10% of the Contract Price.

Additional Employer’s Risks Extensions of time will be granted based on project specific

(Sub-Clause 6.1) reasons such as site conditions but not inclement weather.

Time for Programme Submission 7 days after the Commencement Date

(Sub-Clause 7.2)

Delay Damages for failure to Whole of the Works complete the Works within the 0.05% per day. Times for Completion

(Sub-Clause 7.4)

Cumulative Amount of Delay 10% of the Contract Price

Damages (Sub-Clause 7.4)

Percentage of Plant & Materials 75% value of the original invoices of the plant and materials

(Sub-Clause 11.2) brought to the site for the incorporation of the permanent works subject to the verification by the Employer’s Representative.

Percentage deduction for The sum of 10% of the estimated value of Works executed in the Retention relevant payment period as set out in the Statement for that (Sub-Clause 11.4) periodwill be retained from each and every payment, except for any Advance Payment made pursuant to Sub-Clause 11.3, up to a maximum of 10% of the Contract Price.

Currencies of payment Payments will be made in local currency in Sri Lankan Rupees. (Sub-Clause 11.8)

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Insurance Details Contractor’s All Risks Insurance Policy for the Full Estimated Contract Value (Sub-Clause 14.2) Third Party Liability Insurance for LKR 500,000 for any one occurrence without limiting the number of occurrences. Workmen’s Compensation Insurance for all the contractor’s employees

Senior Representatives Employer

(Sub-Clause 15.1) Attention: Sivakolundu Sriskandarajah Position title: Senior Programme Manager Address: 118/5, Nawala Road Colombo 05 Sri Lanka

Contractor [insert name, position title and contact details]

Arbitration The place of the hearing, if any, shall be determined at the time (Sub-Clause 15.3) the dispute arises.

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SCHEDULE 2 - SCHEDULE OF WORKS Background and general description of the Works

The works include the Construction of Sewerage and Waste Water Treatment Plant for Vavuniya Hospital, Sri Lanka under three (03) lots as listed below and as further described in Section V of this ITB

Lot Contract No Name of the Contract No

Construction of Sewerage and 1 SL36C1-1402 Septic Tanks.

2 SL36C1-1403 Supply and Laying of Sewer Pipe along the Road. Construction of Oxidations Ponds at 3 SL36C1-1404 Thandikulam.

2. Specifications

The works under this project shall be executed in accordance with the following latest revised documents issued by the Institute for Construction Training and Development(ICTAD), ‘Sawsiripaya’, 123, WijeramaMawatha, Colombo 7.

Publication No Description 1. SCA/3/2 Water supply sewerage & storm water drainage 2. SCA/5 Standard Specifications for Construction and Maintenance of Roads and Bridges 3. SCA/4 Building Works ( Volume I) 4. SCA/4/II Building works ( Volume II)

Brief on scope of work,Pricing preambles and particular specifications are described in the Section VI of the ITB.

3. Drawings Complete sets of Drawings are separately bound per each package as Section VII of the ITB.

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SCHEDULE 3 - SCHEDULE OF SITE

1. Description of the Site As per the drawings

2. Access to the Site

As per the drawings

3. Site Arrangements

The Employer’s site arrangements and facilities are mentioned in Bill of Quantities – Schedule 6. The Contractor acknowledges that they have read and understood the Employer’s Site Arrangements.

4. Site Security

Site security requirements are mentioned in Bill of Quantities – Schedule 6. The Contractor acknowledges that they have read and understood the site security requirements.

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SCHEDULE 4 - SCHEDULE OF CONTRACT PRICE

1. Contract Price

The Works shall be measured and valued for payment and the final Contract Price will be determined on the basis of the actual quantities of work and materials utilised in the complete and satisfactory performance of the Works as certified by the Employer’s Representative at the appropriate rate or price specified in the Bill of Quantities.

2. Bill of Quantities

A detailed breakdown of the Contract Price is set out in the "Bill of Quantities" in Schedule 6.

The rates and prices inserted in the Bill of Quantities, shall be deemed to include amounts to cover the contingency of rises and falls in the cost of labour, Goods and other inputs to the Works

3. Provisional sums

Not Applicable under this heading

4. Schedule of Rates for Variations

Not Applicable under this heading

5. Schedule of Rates for Daywork

Not Applicable under this heading

6. Adjustments for Changes in Cost The Contract Price will not be adjusted for rises or falls in the cost of labour, Goods and other inputs to the Works

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SCHEDULE 5 - SCHEDULE OF PAYMENT

1. Advance Payment

Upon receipt of the Statement, theBank Guarantee for performance and the Bank Guarantee for advance payment referred to in Sub-Clause 11.3 the Employer will pay the Contractor 20% of the Contract Price as a loan for mobilisation and design.

The Employer will deduct 20% from each subsequent application for interim payment until the advance payment amount is repaid in accordance with Sub-Clause 11.3 [Advance Payment].

2. Monthly Progress Payments

On the 28th day of each month (or as otherwise agreed by the Parties) the Contractor must submit an invoice to the Employer’s Representative.

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Schedule 6

BILL OF QUANTITIES

The Bill of Quantities is annexed to the Contract

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SCHEDULE 7

Schedule of Programme

Approved Programme

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SCHEDULE 8

Schedule of Key Personnel

The Contractor’s Key Personnel for the Project are:

No. Position Description Name

1 Project Engineer [insert name]

2 Site Engineer [insert name]

3 Technical Officer [insert name]

If there is a position stated in this schedule but no person is named in that particular role, then the Contractor shall obtain the Employer’s Representative’s approval before appointing a person to fill that role.

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SCHEDULE 9 - SCHEDULE OF SECURITY

BANK GUARANTEE FOR PERFORMANCE

[On the letterhead of the Bank]

Date: [insert]

To: Director & Representative United Nations Office for Project Services Sri Lanka Operational Hub UNOPS-LKOH 118/5, Nawala Road Colombo 05 Sri Lanka

Dear Sir/Madam,

[insert works title] Construction Contract - Bank Guarantee for Performance

You entered into a contract dated [insert date] with [insert] ("Contractor") titled [insert contract title] Construction Contract for the [insert name of the project] for certain works and services ("Works") to be undertaken by the Contractor ("Contract").

We, [insert Bank], irrevocably and unconditionally undertake with you that whenever you give written notice to us stating that in your sole and absolute judgment the Contractor has failed to observe or perform any of the terms, conditions or provisions of the Contract on its part to be observed or performed, we will, notwithstanding any objection which may be made by the Contractor and without any right of set-off or counterclaim, immediately pay to you or as you may direct such an amount as you may in such notice require not exceeding the sum equivalent to 10% of the Accepted Contract Amount ("Guaranteed Sum").

This Bank Guarantee for Performance ("Guarantee") is valid and will continue to be valid from the date of this letter for the Guaranteed Sum and will reduce to 5% of the Contract Price upon the issue of the Taking Over Certificate. This Guarantee will automatically become null and void on the issue of the Final Completion Certificate or, if a dispute arises under the Contract, after the final determination of that dispute, whichever occurs later.

Any payment by us in accordance with this Guarantee must be in immediately available and freely transferable [insert currency] free and clear of and without any deduction for or on account of any present or future taxes, levies, imposts, duties, charges, fees, set off,

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Our obligations under this Guarantee constitute direct primary, irrevocable and unconditional obligations, do not require any previous notice to or claim against the Contractor and will not be discharged or otherwise prejudiced or adversely affected by any:

 time, lenience or tolerance which you may grant to the Contractor;

 amendment, modification or extension which may be made to the Contract or the Works executed under the Contract;

 intermediate payment or other fulfilment made by us;

 change in the constitution or organisation of the Contractor; or

 other matter or thing which in the absence of this provision would or might have that effect, except a discharge or amendment expressly made or agreed to by you in writing.

This Guarantee may not be assigned by you to any person, firm or company other than an Affiliate, without our prior written consent, which must not be unreasonably withheld. You must notify us in writing of any assignment, after which we must make any payment claimed under this Guarantee to the person, firm or company specified in the notice which will constitute a full and valid release by us in relation to that payment.

Any notice required by this Guarantee is deemed to be given when delivered (in the case of personal delivery) or forty-eight (48) hours after being despatched by prepaid registered post or recorded delivery (in the case of letter) or as otherwise advised by and between the parties.

We agree that part of the Contract may be amended, renewed, extended, modified, compromised, released or discharged by mutual agreement between you and the Contractor, and this security may be exchanged or surrendered without in any way impairing or affecting our abilities under this Guarantee without notice to us and without the necessity of any additional endorsement, consent or guarantee by us, provided, however, that the Guaranteed Sum does not increase or decrease.

No action, event or condition which by any applicable law may operate to free us from liability under this Guarantee will have any effect. We waive any right we may have to apply such law so that in all respects our liability under this Guarantee will be irrevocable and, except as stated in this Guarantee, unconditional in all respects.

SHORTSHORT FORM FORM CONSTRUCTION CONSTRUCTION CONTRACT CONTRACT General Conditions OperationalOperational excellence excellence for results for results that that matter matter

Capitalised words and phrases used within this Guarantee have the same meanings as are given to them in the Contract.

This Guarantee is governed by the Uniform Rules for Demand Guarantees, ICC Publication No. 758, provided that the supporting statement under Article 15 (a), and Articles 34 and 35 are excluded. Any disputes arising out or in connection with this Guarantee, or the breach, termination, or invalidity thereof will be referred to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules then in effect, the language of the proceedings being English.

Nothing in or relating to this Guarantee shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs, of which UNOPS is an integral part, which are hereby expressly reserved.

IN WITNESS of which the [insert Bank] has duly executed this Guarantee on the date stated above.

SIGNED by [insert] ) as attorney for [insert] ) under power of attorney dated ) [insert] ) in the presence of ) ) …………………………………. ) Signature of witness ) ) …………………………………. ) Name of witness (block letters) ) ……………………………………………... …………………………………. ) By executing this agreement the Address of witness ) attorney states that the attorney has …………………………………. ) received no notice of revocation of the Occupation of witness power of attorney Address for notices

[insert address]

SHORTSHORT FORM FORM CONSTRUCTION CONSTRUCTION CONTRACT CONTRACT General Conditions OperationalOperational excellence excellence for results for results that that matter matter

BANK GUARANTEE FOR ADVANCE PAYMENT

[On the letterhead of the Bank]

Date: [insert]

To: Director & Representative United Nations Office for Project Services Sri Lanka Operational Hub UNOPS-LKOH 118/5, Nawala Road Colombo 05 ,Sri Lanka

Dear Sir/Madam,

[insert works title] Construction Contract – Bank Guarantee for Advance Payment

You entered into a contract dated [insert date] with [insert] ("Contractor") titled [insert contract title] Construction Contract for the [insert name of the Project] for certain works and services ("Works") to be undertaken by the Contractor ("Contract").

In consideration of your paying the sum of [insert amount] as an advance payment to the Contractor under the Contract ("Advance Payment") we, [insert Bank], irrevocably and unconditionally undertake with you that whenever you give written notice to us stating that in your sole and absolute judgment the Contractor has failed to observe or perform any of the terms, conditions or provisions of the Contract on its part to be observed or performed, we will, notwithstanding any objection which may be made by the Contractor and without any right of set-off or counterclaim, immediately pay to you or as you may direct such an amount as you may in such notice require not exceeding [insert amount] ("Guaranteed Sum").

This Bank Guarantee for Advanced Payment ("Guarantee") is valid and will continue to be valid from the date of this letter for the Guaranteed Sum. For each of the interim payments after the advance payment is made, that are made by you to the Contractor, the proportion of the Guaranteed Sum that is payable to you will be reduced by [insert % stated in Schedule of Payments], thereby reflecting the amortization rate set out in the Schedule of Payments in the Contract.

This Guarantee will automatically become null and void upon us receiving from you certification that the Guaranteed Sum has been fully repaid by the Contractor.

SHORTSHORT FORM FORM CONSTRUCTION CONSTRUCTION CONTRACT CONTRACT General Conditions OperationalOperational excellence excellence for results for results that that matter matter

Any payment by us to you in accordance with this Guarantee must be in immediately available and freely transferable [insert currency] free and clear of and without any deduction for or on account of any present or future taxes, levies, imposts, duties, charges, fees, set off, counterclaims, deductions or withholdings of any nature whatsoever and by whomever imposed.

Our obligations under this Guarantee constitute direct primary, irrevocable and unconditional obligations. Additionally, our obligations do not require any previous notice to be given to the Contractor and do not require that any claim be made against the Contractor. Further, our obligations will not be discharged and will not be otherwise prejudiced or adversely affected by any:

 time, lenience or tolerance which you may grant to the Contractor;

 amendment, modification or extension which may be made to the Contract or the Works performed under the Contract;

 intermediate payment or other fulfilment made by us;

 change in the constitution or organisation of the Contractor; or

 other matter or thing which in the absence of this provision would or might have that effect, except a discharge or amendment expressly made or agreed to by you in writing.

SHORTSHORT FORM FORM CONSTRUCTION CONSTRUCTION CONTRACT CONTRACT General Conditions OperationalOperational excellence excellence for results for results that that matter matter

Capitalised words and phrases used within this Guarantee have the same meanings as are given to them in the Contract.

IN WITNESS of which the [insert Bank] has duly executed this Guarantee on the date stated above.

SIGNED by [insert] ) as attorney for [insert] ) under power of attorney dated ) [insert] ) in the presence of ) …………………………………. ) Signature of witness ) …………………………………. ) Name of witness (block letters) ) …………………………………. ) Address of witness ) …………………………………. ) By executing this agreement the Occupation of witness ) attorney states that the attorney has received no notice of revocation of the

power of attorney Address for notices[insert address]

SHORTSHORT FORM FORM CONSTRUCTION CONSTRUCTION CONTRACT CONTRACT General Conditions OperationalOperational excellence excellence for results for results that that matter matter

SCHEDULE 10

Schedule of Auxiliary Works

This Schedule describes the Auxiliary Works forming, or to form, part of the Project which are connected to, or otherwise interface with, the Works, and which are designed, supplied, constructed, commissioned and/or tested by third parties under separate contractual arrangements with the Employer.

This Contract forms a part of scheme which includes three separate components:

 Contract for construction of sewerage and septic tanks for general hospital – Vavuniya - SL36C1-1402).  Contract for supply and laying of sewer pipes along the road for general hospital – Vavuniya – SL36C1-1403.  Contract for construction of oxidation ponds at Thandikulam for general hospital – Vavuniya – SL36C1-1404. Drawing No. VAV_001 shows the location of the sites for each of these three contracts.

WORKS AFFECTING THE HOSPITAL SITE (CONTRACT SLC36C1-1402)

The objective of the Contract is to ensure that all wastewater from the hospital is collected in a comprehensive sewerage system that intercepts flows that currently enter the many small septic tanks on the site and, in addition, all other wastewater that is currently discharged into the surface water drainage system or onto the ground. This includes all wastes from showers, bathing, kitchens and the laundry, collectively known as sullage. Condensate from air conditioning systems and overflows from tanks and cisterns shall not be connected to the new sewerage system. Prior to discharge from the hospital site, the sewage shall be treated in three large septic tanks. The key elements of construction to be undertaken on the hospital site include, but are not limited to:  Site investigations through the excavation of trial holes to locate existing services, such as sewers, septic tanks, water pipelines and cables;  Confirmation of proposed sewer routes, gradients and locations of manholes, junctions and other structures;  Construction of approximately 3400 m of sewers and drains ranging in diameter from 63 mm to 225 mm;  Construction of approximately 100 manholes and other sewer appurtenances;  Construction of 3 number septic tanks and associated structures;  Removal and reinstatement of stormwater drains, concrete paving and slabs, walls, floors, roads and footways;  Disconnecting and making safe the existing septic tanks on the site;  Connecting all wastewater sources to the new sewerage system; and  Commissioning the newly-constructed sewerage system and septic tanks.

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The drawings listed in Schedule 3 of the Contract and numbered From VAV_002 up to VAV_310 show the proposed layout and details of the portion of the Works to be carried out at the Hospital. The limits of the Contract shall be the downstream end of the solids-free sewer at a point 1 m outside of the hospital boundary wall at the junction of Hospital Circular road and the Jaffna-Kandy Road.

WORKS AFFECTING THE JAFFNA – KANDY ROAD (CONTRACT SLC36C1-1403)

The objective of this contract is to provide a pipeline to transfer the effluent from the hospital to the wastewater treatment site at Thandi Kulam. The septic tanks on the hospital site will remove the majority of solids from the effluent and so it is known as a ‘solids-free sewer’. A solids-free sewer shall be constructed along the eastern side of the Jaffna – Kandy Road between the junction with the Hospital Circular Drive and Thandi Kulam. The interface with the Contract SLC36C1-1402 shall be a point 1 m from outside of the hospital boundary wall, as shown on Drawing No. VAV_300. The works shall include, but are not limited to:

 Clearance of trees and other obstacles;  Excavation of trial holes as necessary;  Confirmation of the proposed sewer route and location of structures;  Construction of approximately 1650 m of the solids-free sewer of 225 mm diameter;  Reinstatement of roads, drains and other existing infrastructure to the satisfaction of the Roads Development Authority (RDA) and the infrastructure owners; and  Commissioning the newly-constructed solids-free sewer. The drawings listed in Schedule 3 and numbered VAV_300 and up to VAV_400 show the proposed layout and details of the solids-free sewer and ancillary structures. The downstream extremity of the contract shall be a point at the entrance to the proposed oxidation pond site, as shown on Drawing No. VAV_301.

WORKS ON THE SEWAGE TREATMENT WORKS SITE (CONTRACT SLC36C1-1404)

The objective of the contract is to construct a wastewater treatment plant that will treat the effluent from the hospital to a standard that complies with the CEA regulations and that will permit it to be discharged into surface waters. The proposed treatment works shall consist of 4 number oxidation ponds as shown on the drawings in Schedule 3. The proposed site for the wastewater treatment works is partially cultivated and partially covered with trees, shrubs, and has swampy areas. The interface with the Contract SLC36C1-1403 shall be a point 1 m from the outside edge of the road surface at the entrance to the proposed oxidation pond site. The works required include, but are not limited to:

 Identifying appropriate borrow sites to provide fill material for constructing the ponds;

SHORTSHORT FORM FORM CONSTRUCTION CONSTRUCTION CONTRACT CONTRACT General Conditions OperationalOperational excellence excellence for results for results that that matter matter

 Clearing the site of trees and vegetation, for both the treatment works site and the borrow areas;  Stripping topsoil for the access road, treatment works site and the borrow areas;  Grading and compacting the approximately 800 m2 of foundations for the access road and ponds, including removal of soft material and raising the site level to provide a working platform;  Designing and constructing an access road;  Placing and compacting approximately 7500 m3 of fill to form the pond embankments;  Constructing inlet and outlet structures and erosion protection slabs;  Shaping, and topsoiling the embankment slopes;  Turfing the embankment slopes;  Construction of a facilities building at the treatment works; and  Commissioning of the newly-constructed treatment works. The drawings listed in Schedule 3 and numbered VAV_300 and up to VAV_650 show the layout and details of the oxidation ponds and ancillary structures.

PO Box 2695 Tel: +45 3546 7500 2100 Copenhagen Fax: +45 3546 7501 Denmark E-mail: [email protected] www.unops.org

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

SECTION VI – SCOPE OF WORK, PRICING PREAMBLES AND TECHNICAL SPECIFICATIONS

SEPERATELY BOUND FOR EACH LOT

INVITATION TO BID SchedulesOperational excellence for results that matter Operational excellence for results that matter Operational excellence for results that matter

SECTION VII – DRAWINGS SEPERATELY BOUND FOR EACH LOT