Commercial General Conditions

Commercial General Conditions Prices to be on (CIP, …..) and unloading materials on the land of warehouses on his own expense . Unloading period at site -1 will be 5 days after the arrival of goods 2- Submitting elementary insurances not less (1%) and no more (3%) of the specified cost for reference purpose in the supplying contract of the offer value in the form of a certified check (checks issued from the private banks for maximum amounting to twenty five millions Iraqi dinar only, will be accepted), a guarantee bond or banking surety issued by an accredited Iraqi bank addressed in favour of the Directorate and in the name of the offer submitter(authorized manager or exclusively to the establishers of the participated company) . our the shared companies according to certified sharing contract in official manner before entering to the contract The guarantee bond must be addressed to the this directorate and mentioning the name and NO. of the specified invitation. The guarantee bond must not be conditioned, payable with the request and the validity of the guarantee bond should be effective for at least 28 days of the expiry of the offer validity mentioned on article (14) of these conditions. Otherwise the offer will not be considered( to be informed, the guarantee bond will be neglected if submitting as a draft form.) : Payment conditions to be : by irrevocable L/C payable as follows .3 .down payment against a performance B/G % 10 - . of each shipment to be paid upon arrival of goods at the Iraqi borders % 15 - after arrival of goods at warehouses and check and complying it 75% - . according to the specification by the technical committee Any disputes or differences arising out of the execution of the contact settled amicably , in the event of non-agreement the .4 subject shall be referred to the Iraqi courts and the Iraqi laws in Basrah and applied national arbitration items according to specified procedures of contract conditions or by civil pleading law no.(83) of the year 1969 . . The Iraqi security situation is not be considered as force major .5 6. Inspection must be performed by a recognized international inspecting COMPANY BEREAU VERITS(B.V) (FRENCH), TUV RHEINLAND (GERNANY), COTECNA (SWISS), BALTIC COTROL (DANISH) on the second party's expense , and cleared inspection certificate to be submitted with commercial offer . Stamp fees amounting to 2 per thousand to be paid in case of awarding and bearing the propaganda publishing in the .7 newspapers and contract translation fees. Any taxes or duties specified by the General Commission of Taxes incurred out of .8 . execution of the contract to be concluded or in connection with it to be paid by the supplier 9. The awarding completed by counting preponderance ratios (according to the attached schedule). 10. Origin of goods to be clearly mentioned and for every item in case of origin different . Attach original origin certificate with bill of lading during the period of custom dealing. and must be translated to Arabic .11 language and confirmed by commercial embassy of origin country .Offer validity : 3 months from the closing date of the tender and the validity of the bid bond should be (4)four months .12 A performance bond amounting to 5% from the total amount of the offer via Iraqi banks .13 After receiving inquiry awarding and before signing the contract also the LC it’s not open unless the bond introduced and . released after the completing all contracting obligations(after guarantee period finishing 14-Commercial and a technical offer are to be submitted in two separate sealed and stamped envelopes and stamping and singing all the pages and attachments of the offer and any other will not be considered and as follow :- A- The technical offer, in English & Arabic language, must consist all the required documents , such as (the required technical specification and catalogues if existed along with an authorization from the manufacturing company which should be stamped and notarized officially for purposes of supplying the materials ) and the company legal documents (the company establishing certificate notarized by the foreign attaché , minutes , its final accounts approved by a legal accountant and in case it is not registered in Iraq or it hasn't a representation office the offer submitter is obliged to provide us with what confirms it ) a letter from the general authority of taxes to participate in the tender with an original copy addressed to the this directorate and give the No. and date of the offer and the full address of the company supported by a confirmation from municipal council showing in details the Iraqi companies address and establishment contract ,contractors classification I.D , commerce chamber valid I.D . B- Commercial offer, in English & Arabic language if it possible , includes the price only in number . and writing in clear way in DOLLAR and mentioning the total price and pricing each item of the offer items and give the No. and the date of the offer and mention the full address of the company and attaching the tender buying receipt reprised the offer after receiving reference is prohibited. C- Admitting the ex-contracts of the company certified by government offices and the concerned with the nature of the contract and considered a standard for qualification D- Admitting the last counts of the company of /2013 and 2014 certified by legal counter and taking regard the finical qualification which be suit the capital of the company with contract sum during admitting the offers and incase of exist big difference between the contract sum and the company capital the offer will be neglected E- The address of the contractor which fixed in the contract should be accredited for the communications and states and any change happened on the address should be informed during seven days from the date of the change the e- mail of the company should fixed in the contracts documents also the e- mail and the name , address of the person who is responsible for following the explanation which concerned the contract 15- A C.V. of the authorized manager+ number of employees of the company The Directorate is not bound to accept the lowest offer or any other offer -16 Warranty period must be (12) months and to be clearly mentioned in the commercial offer -17 The contract to be concluded should be written in English Arabic languages and incase of dispute happened the Arabic -18 . copy will accredited 19.- Transportation of goods from any port ( in any country ) to final destination in Iraqi should be effected through the Iraqi state Co., for land and sea transportation or any transporting Co. contracted with Iraqi state Co., for land and sea transportation . 20- Attach a certificate of taxes registration of ( 2014 ) with the offer and the agreement of sharing in contract , addressed to our directorate valid to the end of this year issued by the general commit of taxies . 21- The second party must be obliged to pay the penalties for each day on condition that not exceeds 10% of the total amount and charging him all legal follows: a. The fines of delays specified by the first party not less (80%) no more than (25%) of contract sum and the following equation applied during according this fine

contract sum ( original contract sum ± any change in the sum ) × .( 10%-25%)=one delay day fine Total contract period (original contract period ± any change in the period

b. The fines delays should be reduced according to achievements ratios of the contract obligations in contract execution course which issued for initial receiving certification of the achievement work or the supplied goods, demand services complied and prepared for use according to contract conditions and the equitation applied as follow

value of unexecuted obligations × (. 10%-25%)=one delay day fine Total contract period

c. The fine delays should be cut during the end of original contract period adding to it the added periods which given to the contractor or during its deserve in partial contracts to work process course .

22- Governmental debts must be getting by governmental debts law no.56 in 1977 or any Other law instead of it 23 - Insurance, if the second party does not submit insurance document within shipping documents then the insurance premium will be cut from his payment according to the native insurance company specified. 24 - Specified period for delivery goods as following:- a- Specified period for manufacturing . b-Specified period for arrival goods to our directorates warehouses the fines of fright delays and receiving fines delays should be accounting according to equitation mentioned above . 25- Specifying a period for submitting the drawings to be approved after notification of L/C and specify a period for approving by the beneficiary. 26 In contracting , second party must submit an order for facilitating the work of customhouse for the materials within a period not less than (45) days before the arrival of goods to the Iraqi passage so the first party will not be responsible of delaying the costuming work . 27. the tenderer who will awarding the tender bears all fees to get the materials import licenses . 28.The prices fixed in Dollar finally not to be negotiated ,in the tender separately ( single and total price)by typing , and attached with the commercial offer( numerically and writing ) . 29 The Directorate is not responsible to pay the contractor any amounts resulting from the increment in the items quantities mentioned in the quantities' schedules 30. The Directorate has the right to add new items (conditions) resulting from a new requirements that wasn't needed in this invitation and according to the federative balance for 2014. 31. Original copy of these conditions attached with the offer. 32. The supplier must submit custom license ( custom clearance document ) plus reconstructions fee if found when the materials hand over to directorate warehouse . 33. On ( Sunday ) of 30/ 11 / 2014 at ( 10 ) o’clock will be the date of holding a meeting for technical discussion for the tender No. ( 163 S ) at The General Directorate for Electrical Energy Transmission\South at square of Basrah Twessa before seven days from the closing date and the meeting will be in the TRAINING DEPT HALL. 34-The closing date must be at (TWELVE ) o'clock pm of ( Sunday ) in ( 7/12/2014 ) and the place of opening offers will be in our directorate supplier representatives must attend the tenders opening meeting and sign's in meeting's report and if the closing date happened on holiday , so the next day will be the closing date the meeting will be in the VICE MANGER HALL 35 .The DIRECTORATE is not bound to accept any offer having no compliance with the a/m Terms. 36. The offer refused if the directorate assured that the supplier company listed in the black list . 37. the first party could cancel the contract before issuing the reference cause of justified cause without compensating the contractors expect receipt price of the documents will be returned 38. the supplied materials must be new, unused and unqualified. In case of the supplied materials doesn’t identical with required specifications. The supplier obliged to lift the materials from the land of warehouses on his own expense during one month and don’t the right to demand any compensation and considered exemplary punishment to execute the obligation applied in his right all the legal followings including the difference between the reference price and tender price. 39. The tenders Submitting originally and signed by the commission director and signed in live and stamped by company's stamp for all tender's documents. 40.The state and general sector employers haven't the right to participate directly or in directly in the tender . 41. the partial shipment is permitted and to be noticed the supplier don’t have the right to demand any payables if the supplied materials have relevant relation with the materials which didn’t supplied . 42. The contract considered activated from the date of opening L.C and not from the date of the informing and who will knock down the tender to him following and informed the date of opening L.C 43.Admiting the invoice and the insurance document certified by the commercial attaché 44. Admiting a state from the ministry of trade of blocking the ration card of the company director 45. attached with the offer taxes registration certification to participate in the contract and agreement addressed to our directorate issued by tax commit and assured of its issuing truthiness legally.