Mubaale WSSP Tender Document For Works 1
Mubaale WSSP Tender Document For Works 1
Procurement
Reference Number: ------------------------------------
JUNE 2015
Construction of Mubaale Piped Water Supply System
Bidding Document 1
BIDDING DOCUMENTS
TABLE OF CONTENTS
Bid Notice
Section 8 – Drawings
Bidding Document 2
PREFACE
This document has been based on the Public Procurement and Disposal of Assets Authority
(PPDA) Standard Bidding Document (SBD) for the Procurement of Works under Open
(International or Domestic) Bidding procurement method.
No other alterations or amendments have been made except in accordance with the data
supplied by the Client for the bid data sheet, Evaluation Methodology and Criteria, and
Special Conditions of Contract.
This document provides for Technical Compliance Selection (TCS) as the evaluation
methodology for the works.
Bidding Document 3
Bidding Document 4
Invitation for Bids
Activity Date
a. Publish bid notice
b. Pre-bid meeting where
applicable
c. Bid closing date
d. Evaluation process
e. Display and communication
of best evaluated bidder
notice
f. Contract award and
Signature
Bidding Document 5
PART 2- BIDDING PROCEDURES
Bidding Document 6
Table of Clauses
A. GENERAL 10
1. Scope of Bid 10
2. Source of Funds 10
3. Corrupt Practices 10
4. Eligible Bidders 11
5. Qualification of the Bidder 13
6. Joint Ventures, Consortia and Associations 13
7. One Bid per Bidder 14
8. Cost of Bidding 14
9. Site Visit 14
B. BIDDING DOCUMENT 14
Based on Standard Bidding Document issued by PPDA June 2005 Part 2: Section 1
Construction of Mubaale Piped Water Supply System
Bidding Document 7
E. EVALUATION OF BIDS 21
26. Confidentiality 21
27. Clarification of Bids 22
28. Compliance and Responsiveness of Bids 22
29. Nonconformities, Errors, and Omissions 22
30. Preliminary Examination of Bids – Eligibility and Administrative Compliance 23
31. Detailed Commercial and Technical Evaluation 23
32. Currency for Bid Evaluation 23
33. Financial Comparison of Bids 23
34. Margin of Preference 24
35. Determination of Best Evaluated Bid(s) 24
36. Post-qualification 25
F. AWARD OF CONTRACT 25
Based on Standard Bidding Document issued by PPDA June 2005 Part 2: Section 1
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17. Works to Be Completed by the Intended Completion Date 91
18. Approval by the Project Manager 91
19. Safety 92
20. Discoveries 92
21. Possession of the Site 92
22. Access to the Site 92
23. Instructions, Inspection and Audits 92
24. Disputes 92
25. Procedure for Disputes 92
26. Replacement of Adjudicator 93
27. Program 93
28. Extension of the Intended Completion Date 93
29. Acceleration 93
30. Delays Ordered by the Project Manager 94
31. Management Meetings 94
32. Early Warning 94
33. Identifying Defects 94
34. Tests 94
35. Correction of Defects 94
36. Uncorrected Defects 95
37. Bill of Quantities or Activity Schedule 95
Option 1: Admeasurement Contracts - Bill of Quantities 95
Option 2: Lump Sum Contracts – Activity Schedule 95
38. Changes in the Bill of Quantities or Activity Schedule 95
Option 1: Admeasurement Contracts – Changes in the Bill of Quantities 95
Option 2: Lump Sum Contracts – Changes in the Activity Schedule 95
39. Variations 96
Option 1: Admeasurement Contracts – Variations 96
Option 2: Lump Sum Contracts - Variations 96
40. Payments for Variations 96
Option 1: Admeasurement Contracts – Payment for Variations 96
Option 2: Lump Sum Contracts – Payment for Variations 96
42. Payment Certificates 97
43. Payments 97
44. Compensation Events 97
45. Tax 98
46. Currencies 99
Based on Standard Bidding Document issued by PPDA June 2005 Part 2: Section 1
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47. Price Adjustment 99
48. Retention 99
49. Liquidated Damages 99
50. Bonus 100
51. Advance Payment 100
52. Performance Security 100
53. Dayworks 100
54. Cost of Repairs 101
55. Completion 101
56. Taking Over 101
57. Final Account 101
58. Operating and Maintenance Manuals 101
59. Termination 101
60. Payment upon Termination 102
61. Property 103
62. Release from Performance 103
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A. General
1. Scope of Bid
1.1 The Employer, as defined in the Bid Data Sheet (BDS), invites bids for the
construction of Works, as described in the BDS. The name and procurement
reference number of the Contract and number of lots in this Bidding Document
are provided in the BDS. The Instructions to Bidders (ITB) should be read in
conjunction with the BDS.
1.2 The successful Bidder will be expected to complete the Works by the Intended
Completion Date specified in the Special Conditions of Contract (SCC).
1.3 Throughout this Bidding Document:
(a) the “Employer” means the procuring and disposing entity; and
(b) the “Contractor” means the provider
As defined in the Public Procurement and Disposal of Public Assets Act, 2003
of the Government of Uganda.
2. Source of Funds
2.1 The Employer has an approved budget from Government funds towards the cost
of the procurement named in the BDS. The Employer intends to use these funds
to place a contract for which this Bidding Document is issued.
2.2 Payments will be made directly by the Employer and will be subject in all
respects to the terms and conditions of the resulting contract placed by the
Employer.
3. Corrupt Practices
3.1 It is the Government of Uganda’s policy to require that Employers, as well as
Bidders and Contractors, observe the highest standards of ethics during
procurement and the execution of contracts. In pursuit of this policy, the
Government of Uganda represented by the Public Procurement and Disposal of
Public Assets Authority (herein referred to as the Authority);
(a) defines, for the purposes of this provision, the terms set forth below as
follows:
(i) “corrupt practice” includes the offering, giving, receiving, or
soliciting of anything of value to influence the action of a public
official in the procurement process or in contract execution; and
(ii) “fraudulent practice” includes a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Employer, and includes collusive
practices among Bidders prior to or after bid submission
designed to establish bid prices at artificial, non-competitive
levels and to deprive the Employer of the benefits of free and
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open competition;
(b) will reject a recommendation for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices
in competing for the Contract; and
(c) will suspend a Contractor from engaging in any public procurement
proceeding for a stated period of time, if it at any time determines that
the Contractor has engaged in corrupt or fraudulent practices in
competing for, or in executing, a Government contract.
3.2 Furthermore, Bidders shall be aware of the provision stated in ITB Sub-Clause
23.2 and ITB Sub-Clause 59.2(h) of the General Conditions of Contract (GCC).
3.3 In pursuit of the policy defined in ITB Sub-Clause 3.1, the Employer may
terminate a contract for Works if it at any time determines that corrupt or
fraudulent practices were engaged in by representatives of the Employer or of a
Bidder or Contractor during the procurement or the execution of that contract,
without the Employer having taken timely and appropriate action satisfactory to
the Government to remedy the situation.
3.4 In pursuit of the policy defined in ITB Sub-Clause 3.1, the Government of
Uganda requires representatives of both the Employer and of Bidders and
Contractors to adhere to the relevant codes of ethical conduct. The Code of
Ethical Conduct for Bidders and Providers is available from the Authority and
Bidders are required to indicate their acceptance of this code through the
declarations in the Bid Submission Sheet.
3.5 Any communications between a Bidder and the Employer related to matters of
alleged fraud or corruption must be made in writing and addressed to the
Accounting Officer of the Employer.
4. Eligible Bidders
4.1 A Bidder, and all parties constituting the Bidder, shall meet the following
criteria to be eligible to participate in public procurement:
(a) the bidder has the legal capacity to enter into a contract;
(b) the bidder is not:
(i) insolvent;
(ii) in receivership;
(iii) bankrupt; or
(iv) being wound up
(c) the bidder’s business activities have not been suspended;
(d) the bidder is not the subject of legal proceedings for any of the
circumstances in (b); and
(e) the bidder has fulfilled his or her obligations to pay taxes and social
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security contributions.
4.2 A Bidder may be a natural person, private entity, government-owned entity—
subject to ITB Sub-Clause 4.6—or any combination of them with a formal
intent to enter into an agreement or under an existing agreement in the form of a
joint venture, consortium, or association. Joint ventures, consortia and
associations shall comply with the requirements of ITB Clause 6.
4.3 A Bidder, and all parties constituting the Bidder including sub-contractors, shall
have the nationality of an eligible country, in accordance with Section 5,
Eligible Countries. A Bidder shall be deemed to have the nationality of a
country if the Bidder is a citizen or is constituted, incorporated, or registered
and operates in conformity with the provisions of the laws of that country. This
criterion shall also apply to the determination of the nationality of proposed
subcontractors for any part of the Contract.
4.4 A Bidder, and all parties constituting the Bidder including sub-contractors, shall
not have a conflict of interest. All Bidders found to have a conflict of interest
shall be disqualified. A Bidder may be considered to have a conflict of interest
with one or more parties in this bidding process, if they:
(a) have controlling shareholders in common; or
(b) receive or have received any direct or indirect subsidy from any of them;
or
(c) have the same legal representative for purposes of this bid; or
(d) have a relationship with each other, directly or through common third
parties, that puts them in a position to have access to information about
or influence on the bid of another Bidder, or influence the decisions of
the Employer regarding this bidding process; or
(e) submit more than one bid in this bidding process, except for alternative
bids permitted under ITB Clause 19. However, this does not limit the
participation of subcontractors in more than one bid, or as Bidders and
subcontractors simultaneously; or
(f) is associated, or has been associated in the past, directly or indirectly,
with the consultant or any other entity that has prepared the design,
specifications, and other documents for the Project or being proposed as
Project Manager for the Contract. A firm that has been engaged by the
Employer to provide consulting services for the preparation or
supervision of the Works, and any of its affiliates, shall not be eligible to
bid.
4.5 A firm that is under a declaration of suspension by the Authority in accordance
with ITB Sub-Clause 3.1 (c), at the date of the deadline for bid submission or
thereafter, shall be disqualified.
4.6 Government-owned enterprises shall be eligible only if they can establish that
they are legally and financially autonomous and operate under commercial law.
4.7 Bidders shall provide such evidence of their continued eligibility satisfactory to
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the Employer, as the Employer shall reasonably request.
4.8 To establish their eligibility in accordance with ITB Clause 4, Bidders shall
complete the eligibility declarations in the Bid Submission Sheet, included in
Section 4, Bidding Forms and submit the documents required in Section 3,
Evaluation Methodology and Criteria.
4.9 A Bidder whose circumstances in relation to eligibility change during a
procurement process or during the execution of a contract, shall immediately
inform the Employer.
4.10 All materials, equipment and services to be used in the performance of the
contract shall have as their country of origin an eligible country in accordance
with Section 5, Eligible Countries.
5. Qualification of the Bidder
5.1 To establish its qualifications to perform the Contract, the Bidder shall complete
and submit:
(a) the Qualification Form provided in Section 4, Bidding Forms; and
(b) the information and documents stated in Section 3, Evaluation
Methodology and Criteria.
5.2 The qualifications of the best evaluated Bidder will be assessed as part of a
post-qualification in accordance with ITB Clause 36.
5.3 In the event that pre-qualification of potential Bidders has been undertaken,
only bids from pre-qualified Bidders will be considered for award of Contract.
These qualified Bidders should submit with their bids any information updating
their original pre-qualification applications or, alternatively, confirm in their
bids that the originally-submitted pre-qualification information remains
essentially correct as of the date of bid submission. The update or confirmation
should be provided in the Qualification Form.
6. Joint Ventures, Consortia and Associations
6.1 Bids submitted by a joint venture, consortium or association of two or more
firms as partners shall comply with the following requirements, unless
otherwise stated in the BDS:
(a) the bid shall include all the information listed in Section 3, Evaluation
Methodology and Criteria for each partner;
(b) the bid shall be signed so as to be legally binding on all partners;
(c) all partners shall be jointly and severally liable for the execution of the
Contract in accordance with the Contract terms;
(d) one of the partners will be nominated as being in charge, authorized to
incur liabilities, and receive instructions for and on behalf of any and all
partners; and
(e) the execution of the entire Contract, including payment, shall be done
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exclusively with the partner in charge.
7. One Bid per Bidder
7.1 Each Bidder shall submit only one Bid, either individually or as a partner in a
joint venture, consortium or association. A Bidder who submits or participates
in more than one bid (other than as a subcontractor or in cases of alternatives
that have been permitted or requested) will cause all the bids with the Bidder’s
participation to be rejected.
8. Cost of Bidding
8.1 The Bidder shall bear all costs associated with the preparation and submission
of his Bid, and the Employer shall not be responsible or liable for those costs,
regardless of the conduct or outcome of the bidding process.
9. Site Visit
9.1 The Bidder, at the Bidder’s own responsibility and risk, is encouraged to visit
and examine the Site of Works and its surroundings and obtain all information
that may be necessary for preparing the bid and entering into a contract for
construction of the Works. The costs of visiting the Site shall be at the Bidder’s
own expense.
9.2 If so indicated in the BDS, the Employer will hold a pre-bid meeting at the time,
date and location specified in the BDS.
B. Bidding Document
10. Content of Bidding Document
10.1 The Bidding Document consists of Parts 1, 2, 3 and 4, which includes all the
Sections indicated below, and should be read in conjunction with any addenda
issued in accordance with ITB Clause 12.
PART 1 Standard Invitation to bidders
Based on Standard Bidding Document issued by PPDA June 2005 Part 2: Section 1
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Section 10 Special Conditions of Contract
Section 11 Contract Forms
The Bid Notice or any Pre-qualification Notice is not part of the Bidding Document.
10.3 Bidders who did not obtain the Bidding Document directly from the Employer
will be rejected during evaluation. Where a Bidding Document is obtained from
the Employer on a Bidder’s behalf, the Bidder’s name must be registered with
the Employer at the time of sale and issue.
10.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document. Failure to furnish all information or
documentation required by the Bidding Document may result in the rejection of
the bid.
11. Clarification of Bidding Document
11.1 A prospective Bidder requiring any clarification of the Bidding Document shall
contact the Employer in writing at the Employer’s address indicated in the BDS.
The Employer will respond in writing to any request for clarification, provided
that such request is received no later than the number of days prior to the
deadline for submission of bids indicated in the BDS. The Employer shall
forward copies of its response to all Bidders who have acquired the Bidding
Document directly from it, including a description of the inquiry but without
identifying its source. Should the Employer deem it necessary to amend the
Bidding Document as a result of a clarification, it shall do so following the
procedure under ITB Clause 12 and ITB Sub-Clause 22.2.
12. Amendment of Bidding Document
12.1 At any time prior to the deadline for submission of bids, the Employer may
amend the Bidding Document by issuing addenda.
12.2 Any addendum issued shall be part of the Bidding Document and shall be
communicated in writing to all who have obtained the Bidding Document
directly from the Employer.
12.3 To give prospective Bidders reasonable time in which to take an addendum into
account in preparing their bids, the Employer may, at its discretion, extend the
deadline for the submission of bids, pursuant to ITB Sub-Clause 22.2.
C. Preparation of Bids
13. Language of Bid
13.1 The medium of communication shall be in writing unless otherwise specified in
the BDS.
13.2 The bid, as well as all correspondence and documents relating to the bid
exchanged by the Bidder and the Employer, shall be written in English, unless
otherwise specified in the BDS.
13.3 Supporting documents and printed literature that are part of the bid may be in
another language provided they are accompanied by an accurate translation of
the relevant passages in English, in which case, for purposes of interpretation of
Based on Standard Bidding Document issued by PPDA June 2005 Part 2: Section 1
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the Bid, such translation shall govern.
14. Documents Comprising the Bid
14.1 The bid submitted by the Bidder shall comprise the following:
(a) the Bid Submission Sheet, in accordance with ITB Sub-Clause 14.2;
(b) a Bid Security in accordance with ITB Clause 18;
(c) written confirmation authorizing the signatory of the bid to commit the
Bidder, in accordance with ITB Clause 20;
(d) documentary evidence in accordance with ITB Sub-Clause 4.8
establishing the Bidder’s eligibility to bid;
(e) a priced Activity Schedule in accordance with ITB Clauses 15 and 16;
(f) the Qualification Form and Documents in accordance with ITB Clause
5;
(g) a preliminary description of the proposed work method and schedule,
including drawings and charts, as necessary; and
(h) any other document(s) required in the BDS.
14.2 The Bidder shall submit the Bid Submission Sheet using the form provided in
Section 4, Bidding Forms. This form must be completed without any alterations
to its format, and no substitutes shall be accepted. All blank spaces shall be
filled in with the information requested.
15. Bid Prices
15.1 The Contract shall be for the whole Works, as described in ITB Sub-Clause 1.1,
based on the priced Activity Schedule submitted by the Bidder.
15.2 The Bidder shall fill in rates and prices for all items of the Works described in
the drawings and specifications and listed in the Activity Schedule included in
Section 6, Statement of Requirements. Items for which no rate or price is
entered by the Bidder will not be paid for by the Employer when executed and
shall be deemed covered by the other rates and prices in the Activity Schedule.
15.3 Unless otherwise specified in the BDS, all duties, taxes, and other levies
payable by the Contractor under the Contract, or for any other cause, as of the
date 28 days prior to the deadline for submission of bids, shall be included in
the total bid price submitted by the Bidder.
15.4 The lump sum price quoted by the Bidder shall be subject to adjustment during
the performance of the Contract if provided for in the BDS and SCC and the
provisions of Clause 47 of the GCC. The Bidder shall submit with the bid all the
information required under the SCC and Clause 47 of the GCC.
16. Currencies of Bid and Payment
16.1 The lump sum price shall be quoted by the Bidder entirely in Uganda Shillings,
unless otherwise stated in the BDS.
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16.2 The rates of exchange to be used by the Bidder in arriving at the local currency
equivalent and the percentage(s) mentioned in ITB Sub-Clause 16.1 above shall
be the selling rates for similar transactions established by the authority specified
in the BDS prevailing on the date 28 days prior to the latest deadline for
submission of bids. These exchange rates shall apply for all payments so that no
exchange risk will be borne by the Bidder. If the Bidder uses other rates of
exchange, the provisions of ITB Sub-Clause 32.1 shall apply. In any case,
payments will be computed using the rates quoted in the Bid.
16.3 Bidders shall indicate details of their expected foreign currency requirements in
the Bid. Foreign currency requirements shall be indicated as a percentage of the
bid price (excluding provisional sums) and shall be payable at the option of the
Bidder in up to three foreign currencies, unless otherwise stated in the BDS.
16.4 Bidders may be required by the Employer to clarify their foreign currency
requirements and to substantiate that the amounts included in the lump sum and
in the SCC are reasonable and responsive to ITB Sub-Clause 16.3.
17. Bid Validity
17.1 Bids shall remain valid for the period specified in the BDS after the date of the
bid submission deadline prescribed by the Employer. A bid valid for a shorter
period shall be rejected by the Employer as non-compliant.
17.2 In exceptional circumstances, prior to the expiration of the bid validity period,
the Employer may request Bidders to extend the period of validity of their bids.
The request and the responses shall be made in writing. If a Bid Security is
requested in accordance with ITB Clause 18, it shall also be extended for a
corresponding period. A Bidder may refuse the request without forfeiting its Bid
Security. A Bidder granting the request shall not be required or permitted to
modify its bid.
17.3 In the case of contracts in which the Contract Price is fixed (not subject to price
adjustment), if the period of bid validity is extended beyond 60 days after the
expiry of the initial bid validity, the amounts payable in local and foreign
currency to the Bidder selected for award, shall be increased by applying to both
the local and the foreign currency component of the payments, respectively, the
factors specified in the BDS or in the request for extension, for the period of
delay beyond 60 days after the expiry of the initial bid validity, up to the
notification of award. Bid evaluation will be based on the bid prices without
taking the above correction into consideration.
18. Bid Security
18.1 Unless otherwise specified in the BDS, the Bidder shall furnish, as part of its
Bid, a Bid Security in original form, in Uganda Shillings or the equivalent in a
freely convertible currency, in the amount specified in the BDS.
18.2 The Bid Security shall be, at the Bidder’s option, in any of the following forms:
(a) a demand guarantee;
(b) an irrevocable letter of credit;
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(c) a cashier’s or certified check; or
(d) another security indicated in the BDS,
from a reputable source from an eligible country. The Bid Security shall be
submitted either using the Bid Security Form included in Section 4, Bidding
Forms, or in another substantially similar format. In either case, the form must
include the complete name of the Bidder. The Bid Security shall be valid for
twenty-eight days (28) beyond the end of the validity period of the bid. This
shall also apply if the period for bid validity is extended.
18.3 Any bid not accompanied by an acceptable Bid Security, if one is required, shall
be rejected by the Employer as non-compliant. The Bid Security of a joint
venture must define as “Bidder” all joint venture partners and list them in the
following manner: a joint venture consisting of “______,” “______,” and
“______”.
18.4 The Bid Security of all Bidders shall be returned as promptly as possible once
the successful Bidder has signed the Contract and provided the required
Performance Security.
18.5 The Bid Security may be forfeited:
(a) if a Bidder withdraws its bid during the period of bid validity specified
by the Bidder on the Bid Submission Sheet, except as provided in ITB
Sub-Clause 17.2; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB Clause 40;
(ii) furnish a Performance Security in accordance with ITB Clause
41; or
(iii) accept the correction of its bid price pursuant to ITB Sub-Clause
29.5.
19. Alternative Bids
19.1 Bidders shall submit offers that comply with the requirements of the bidding
documents, including the basic technical design as indicated in the drawings and
specifications. Alternative bids shall not be considered unless otherwise
indicated in the BDS.
19.2 Where permitted, alternative bids do not need to conform precisely to the
Statement of Requirements, but must -
(a) meet the objectives and/or performance requirements prescribed in the
Statement of Requirements;
(b) be substantially within any delivery or completion schedule, budget or
other performance parameters stated in the solicitation document;
(c) provide all information necessary for a complete evaluation of the
alternative by the Employer, including design calculations, technical
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specifications, breakdown of prices, proposed construction methods and
other relevant details; and
(d) clearly state the benefits of the alternative bid over any solution which
conforms precisely to the Statement of Requirements, in terms of
technical performance, price, operating costs or any other benefit.
19.3 A Bidder may submit both a main bid which conforms precisely to the
Statement of Requirements and an alternative bid.
19.4 Where a Bidder submits more than one bid, each bid shall be submitted as a
completely separate bid and shall conform to the instructions for preparation
and submission of bids in its own right, without any reliance on any other bid.
In particular, each bid shall be separately signed, authorized, sealed, labeled and
submitted in accordance with the instructions for submission of bids and shall
be accompanied by a separate Bid Security, if so required. Such bids shall be
labeled “Main Bid” and “Alternative Bid”.
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21.2 The inner and outer envelopes shall:
(a) bear the name and address of the Bidder;
(b) be addressed to the Employer in accordance with ITB Sub-Clause 22.1;
(c) bear the Procurement Reference number of this bidding process; and
(d) bear a warning not to open before the time and date for bid opening, in
accordance with ITB Sub-Clause 25.1.
21.3 If all envelopes are not sealed and marked as required, the Employer will
assume no responsibility for the misplacement or premature opening of the bid.
22. Deadline for Submission of Bids
22.1 Bids must be received by the Employer at the address and no later than the date
and time indicated in the BDS.
22.2 The Employer may, at its discretion, extend the deadline for the submission of
bids by amending the Bidding Documents in accordance with ITB Clause 12, in
which case all rights and obligations of the Procuring and Disposing Entity and
Bidders previously subject to the deadline shall thereafter be subject to the
deadline as extended.
23. Late Bids
23.1 The Employer shall not consider any bid that arrives after the deadline for
submission of bids, in accordance with ITB Clause 22. Any bid received by the
Employer after the deadline for submission of bids shall be declared late,
rejected, and returned unopened to the Bidder.
24. Withdrawal and Replacement of Bids
24.1 A Bidder may withdraw or replace its bid after it has been submitted at any time
before the deadline for submission of bids by sending a written notice, duly
signed by an authorized representative, which shall include a copy of the
authorization in accordance with ITB Sub-Clause 20.2. Any corresponding
replacement of the bid must accompany the respective written notice. All
notices must be:
(a) submitted in accordance with ITB Clauses 20 and 21 (except that
withdrawals notices do not require copies), and in addition, the
respective envelopes shall be clearly marked “Withdrawal,” or
“REPLACEMENT,” and
(b) received by the Employer prior to the deadline prescribed for submission
of bids, in accordance with ITB Clause 22.
24.2 Bids requested to be withdrawn in accordance with ITB Sub-Clause 24.1 shall
be returned unopened to the Bidder.
24.3 No bid may be withdrawn or replaced in the interval between the deadline for
submission of bids and the expiration of the period of bid validity specified by
the Bidder on the Bid Submission Sheet or any extension thereof.
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24.4 Bids may only be modified by withdrawal of the original bid and submission of
a replacement bid in accordance with ITB Sub-Clause 24.1. Modifications
submitted in any other way shall not be taken into account in the evaluation of
bids.
24.5 Bidders may only offer discounts to, or otherwise modify the prices of their
bids, by withdrawing and replacing their bid in accordance with this clause, or
by including the discount in the original bid submission.
25. Bid Opening
25.1 The Employer shall conduct the bid opening in the presence of Bidders`
designated representatives who choose to attend, and at the address, date and
time specified in the BDS.
25.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and
the envelope with the corresponding bid shall not be opened, but returned to the
Bidder. No bid withdrawal shall be permitted unless the corresponding
withdrawal notice contains a valid authorization to request the withdrawal and is
read out at the bid opening.
All other envelopes including those marked “REPLACEMENT” shall be
opened and the relevant details read out. Replacement bids shall be recorded as
such on the record of the bid opening.
Only envelopes that are opened and read out at the bid opening shall be
considered further.
25.3 All other envelopes shall be opened one at a time, reading out: the name of the
Bidder; the bid price, per lot where applicable, including any discounts; the
presence of a Bid Security, if required; and any other details as the Employer
may consider appropriate. Only discounts and alternative offers read out at the
bid opening shall be considered for evaluation. No bid shall be rejected at the
bid opening except for late bids, in accordance with ITB Sub-Clause 23.1.
25.4 The Employer shall prepare a record of the bid opening that shall include, as a
minimum: the name of the Bidder and whether there is a withdrawal and/or
replacement; the bid price, per lot if applicable, including any discounts; and the
presence or absence of a Bid Security, if one was required. The Bidders’
representatives who are present shall be requested to sign the record. The
omission of a Bidder’s signature on the record shall not invalidate the contents
and effect of the record. A copy of the record shall be distributed to Bidders
upon payment of a fee and displayed on the Employer’s Notice Board within
one working day from the date of the bid opening.
E. Evaluation of Bids
26. Confidentiality
26.1 Information relating to the examination, evaluation, comparison, and post-
qualification of bids, and recommendation of contract award, shall not be
disclosed to bidders or any other persons not officially concerned with such
process until information detailing the best evaluated Bidder is communicated
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Bidding Document 22
to all Bidders.
26.2 Any effort by a Bidder to influence the Employer in the examination,
evaluation, comparison, and post-qualification of the bids or contract award
decisions may result in the rejection of its bid.
26.3 Notwithstanding ITB Sub-Clause 26.2, from the time of bid opening to the time
of Contract award, if any Bidder wishes to contact the Employer on any matter
related to the bidding process, it should do so in writing.
27. Clarification of Bids
27.1 To assist in the examination, evaluation, comparison and post-qualification of
the bids, the Employer may, at its discretion, ask any Bidder for a clarification
of its Bid, including breakdowns of unit rates or prices. Any clarification
submitted by a Bidder that is not in response to a request by the Employer shall
not be considered. The Employer’s request for clarification and the response
shall be in writing. No change in the price or substance of the bid shall be
sought, offered, or permitted, except to confirm the correction of arithmetic
errors discovered by the Employer in the evaluation of the bids in accordance
with ITB Sub-Clause 29.4.
28. Compliance and Responsiveness of Bids
28.1 The Employer’s determination of a Bid’s compliance and responsiveness is to
be based on the contents of the bid itself.
28.2 A substantially compliant and responsive bid is one that conforms to all the
terms, conditions, and specifications of the Bidding Document without material
deviation, reservation, or omission. A material deviation, reservation, or
omission is one that:
(a) affects in any substantial way the scope, quality, or performance of the
Works specified in the Contract; or
(b) limits in any substantial way, inconsistent with the Bidding Document,
the Employer’s rights or the Bidder’s obligations under the Contract; or
(c) if rectified would unfairly affect the competitive position of other
Bidders presenting substantially compliant and responsive bids.
28.3 If a bid is not substantially compliant and responsive to the Bidding Document,
it shall be rejected by the Employer and may not subsequently be made
compliant and responsive by the Bidder by correction of the material deviation,
reservation, or omission.
29. Nonconformities, Errors, and Omissions
29.1 Provided that a bid is substantially compliant and responsive, the Employer may
waive any non-conformity or omissions in the bid that does not constitute a
material deviation.
29.2 Provided that a bid is substantially compliant and responsive, the Employer may
request that the Bidder submit the necessary information or documentation,
within a reasonable period of time, to rectify nonmaterial nonconformities or
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Construction of Mubaale Piped Water Supply System
Bidding Document 23
omissions in the bid related to documentation requirements. Such omission shall
not be related to any aspect of the price of the bid. Failure of the Bidder to
comply with the request may result in the rejection of its bid.
29.3 Provided that a bid is substantially compliant and responsive, the Employer
shall rectify nonmaterial nonconformities or omissions. To this effect, the bid
price shall be adjusted, for comparison purposes only, to reflect the price of the
missing or non-conforming item or component.
29.4 Provided that the bid is substantially compliant and responsive, the Employer
shall correct arithmetic errors as follows: where there is a discrepancy between
the amounts in figures and in words, the amount in words will govern.
29.5 If the Bidder that submitted the best evaluated bid does not accept the correction
of errors, its bid shall be rejected and its Bid Security may be forfeited.
30. Preliminary Examination of Bids – Eligibility and Administrative
Compliance
30.1 The Employer shall examine the legal documentation and other information
submitted by Bidders to verify the eligibility of Bidders and any materials,
equipment and services to be used in performance of the contract in accordance
with ITB Clause 4.
30.2 If after the examination of eligibility, the Employer determines that the Bidder,
or the materials, equipment and services to be used in performance of the
contract are not eligible, it shall reject the bid.
30.3 The Employer shall examine the bids to confirm that all documents requested in
ITB Clause 14 have been provided, and to determine the completeness of each
document submitted.
31. Detailed Commercial and Technical Evaluation
31.1 The Employer shall examine the bid to confirm that all terms, conditions and
requirements of the bidding document have been accepted by the Bidder
without any material deviation or reservation.
31.2 If, after the examination of the terms, conditions and requirements, the
Employer determines that the bid is not substantially responsive in accordance
with ITB Clause 28, it shall reject the bid.
32. Currency for Bid Evaluation
32.1 Bids will be evaluated as quoted in Uganda Shillings in accordance with ITB
Sub-Clause 16.1, unless a Bidder has used different exchange rates than those
prescribed in ITB Sub-Clause 16.2, in which case the bid will be first converted
into the amounts payable in different currencies using the rates quoted in the bid
and then reconverted to Uganda Shillings using the exchange rates prescribed in
ITB Sub-Clause 16.2.
33. Financial Comparison of Bids
33.1 The Employer will evaluate and compare only the bids determined to be
substantially responsive following detailed evaluation in accordance with ITB
Based on Standard Bidding Document issued by PPDA June 2005 Part 2: Section 1
Construction of Mubaale Piped Water Supply System
Bidding Document 24
Clause 31.
33.2 To financially evaluate a bid, the Employer shall only use the criteria and
methodologies defined in this clause and in Section 3, Evaluation Methodology
and Criteria. No other criteria or methodology shall be permitted.
33.3 To financially compare bids, the Employer shall:
(a) determine the bid price, taking into account the costs listed in Section 3,
Evaluation Methodology and Criteria;
(b) correct any arithmetic errors in accordance with ITB Sub-Clause 29.4;
(c) apply any unconditional discounts offered in accordance with ITB Sub-
Clause 24.5;
(d) make adjustments for any acceptable variations, deviations,
nonconformities and omissions in accordance with ITB Sub-Clause
29.3;
(e) convert all bids to a single currency in accordance with ITB Clause 32;
(f) apply any margin of preference, in accordance with ITB Clause 34;
(g) Determine the total evaluated price of each bid.
33.4 The Employer shall consider prices that appear to:
(a) be unbalanced;
(b) show a misunderstanding of the requirements; or
(c) be intended to front load earnings.
33.5 The Employer reserves the right to accept or reject any variation, deviation, or
alternative offer. Variations, deviations, and alternative offers and other factors
which are in excess of the requirements of the bidding documents or otherwise
result in unsolicited benefits for the Employer will not be taken into account in
bid evaluation, unless otherwise specified in Section 3, Evaluation Methodology
and Criteria.
33.6 The estimated effect of any price adjustment conditions under Clause 47 of the
GCC, during the period of implementation of the Contract, will not be taken
into account in bid evaluation, unless otherwise indicated in Section 3,
Evaluation Methodology and Criteria.
34. Margin of Preference
34.1 Unless otherwise specified in the BDS, a margin of preference shall not apply.
Where a Margin of Preference applies, its application and detail shall be
specified in Section 3, Evaluation Methodology and Criteria.
35. Determination of Best Evaluated Bid(s)
35.1 The Employer shall compare all substantially compliant and responsive bids to
determine the best evaluated bid or bids, in accordance with Section 3,
Based on Standard Bidding Document issued by PPDA June 2005 Part 2: Section 1
Construction of Mubaale Piped Water Supply System
Bidding Document 25
Evaluation Methodology and Criteria.
36. Post-qualification
36.1 The Employer shall determine to its satisfaction whether the Bidder that is
selected as having submitted the best evaluated bid is qualified to perform the
Contract satisfactorily.
36.2 The determination shall be based upon an examination of the documentary
evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB
Clause 5, to clarifications in accordance with ITB Clause 27 and the
qualification criteria indicated in Section 3, Evaluation Methodology and
Criteria. Factors not included in Section 3 shall not be used in the evaluation of
the Bidder’s qualification.
36.3 An affirmative determination shall be a prerequisite for award of the Contract to
the Bidder. A negative determination shall result in disqualification of the bid,
in which event the Employer shall proceed to the next best evaluated bid to
make a similar determination of that Bidder’s capabilities to perform
satisfactorily.
36.4 If pre-qualification has been conducted, no post-qualification will be conducted
but pre-qualification shall be verified using the information submitted in
accordance with ITB Sub-Clause 5.3.
F. Award of Contract
37. Award Procedure
37.1 Following any post-qualification, the Employer shall issue a Notice of Best
Evaluated Bidder, in accordance with the Public Procurement and Disposal of
Public Assets Regulations, 2003, place such Notice on public display for a
prescribed period and copy the Notice to all Bidders prior to proceeding with
contract award.
37.2 The Employer shall award the Contract to the Bidder whose offer has been
determined to be the best evaluated bid, provided that the Bidder is determined
to be qualified to perform the Contract satisfactorily.
38. Employer’s Right to Accept any Bid and to Reject any or all Bids
38.1 Notwithstanding ITB Clause 37, the Employer reserves the right to accept or
reject any Bid, and to cancel the bidding process and reject all bids, at any time
prior to the award of Contract, without thereby incurring any liability to the
affected Bidder or Bidders or any obligation to inform the affected Bidder or
Bidders of the grounds for the Employer’s action.
39. Notification of Award and Letter of Bid Acceptance
39.1 Prior to the expiration of the period of bid validity and following the prescribed
period in ITB Clause 37.1, the Employer shall notify the successful Bidder, in
writing, that its bid has been accepted by issue of a Letter of Bid Acceptance.
39.2 Until a formal contract is prepared and executed, the Letter of Bid Acceptance
Based on Standard Bidding Document issued by PPDA June 2005 Part 2: Section 1
Construction of Mubaale Piped Water Supply System
Bidding Document 26
shall constitute a binding Contract.
39.3 The Letter of Bid Acceptance (hereinafter and in the Contract called the “Letter
of Acceptance”) will state the sum that the Employer will pay the Contractor in
consideration of the execution, completion, and maintenance of the Works by
the Contractor as prescribed by the Contract (hereinafter and in the Contract
called the “Contract Price”).
40. Signing of Contract
40.1 Promptly after notification of contract award by the issue of a Letter of
Acceptance, the Employer shall send the successful Bidder the Agreement and
the Special Conditions of Contract.
40.2 Within twenty-one (21) days of receipt of the Agreement, the successful Bidder
shall sign, date, and return it to the Employer.
40.3 The Agreement will incorporate all agreements between the Employer and the
successful Bidder.
41. Performance Security
41.1 Within 21 days after receipt of the Letter of Acceptance, the successful Bidder
shall deliver to the Employer a Performance Security in the amount stipulated in
the SCC and in the form of a Bank Guarantee as stipulated in Section 9,
denominated in the type and proportions of currencies in the Letter of
Acceptance and in accordance with the Contract.
41.2 The Performance Security in the form of a Bank Guarantee shall be issued
either (a) at the Bidder’s option, by a bank located in the country of the
Employer or a foreign bank through a correspondent bank located in the country
of the Employer, or (b) with the agreement of the Employer directly by a
foreign bank acceptable to the Employer.
41.3 Failure of the successful Bidder to submit the above-mentioned Performance
Security or sign the Contract shall constitute sufficient grounds for the
annulment of the contract award and forfeiture of the Bid Security. In that event,
the Employer may award the Contract to the next best evaluated Bidder who is
determined by the Employer to be qualified to perform the Contract
satisfactorily.
42. Advance Payment and Security
42.1 If so stated in the BDS, the Employer will provide an Advance Payment on the
Contract Price, subject to a maximum amount, as stated in the BDS. This
Payment shall be in the same currencies and proportions as the Contract
Payment and shall be made in accordance with the GCC.
43. Adjudicator
43.1 The Employer proposes the person named in the BDS to be appointed as
Adjudicator under the Contract, at an hourly fee specified in the BDS, plus
reimbursable expenses. If the Bidder disagrees with this proposal, the Bidder
should so state in the Bid. If, in the Letter of Acceptance, the Employer has not
Based on Standard Bidding Document issued by PPDA June 2005 Part 2: Section 1
Construction of Mubaale Piped Water Supply System
Bidding Document 27
agreed on the appointment of the Adjudicator, the Adjudicator shall be
appointed by the Appointing Authority designated in the SCC at the request of
either party.
Based on Standard Bidding Document issued by PPDA June 2005 Part 2: Section 1
Construction of Mubaale Piped Water Supply System
Bidding Document 28
Bidding Document 29
ITB 1.1 The name of the Contract is: Construction of Mubaale Water and Sanitation System
ITB 1.1 The identification of lot comprising this Bidding Document is: ------------
ITB 6.1 The requirements for joint ventures are modified as follows: NOT ACCEPTABLE.
Location: -----------------------
Date: ...........................................
ITB 11.1 For clarification purposes only, the Employer’s address is:
The Procurement and Disposal Unit,
Buvuma District Local Government,
P.O. Box 103,
Lugazi, Uganda
ITB 11.1 The Procuring and Disposing Entity will respond to any request for clarification provided
that such request is received no later than 14 days prior to the deadline for submission of
bids.
ITB 14.1(h) The Bidder shall submit with its bid the following additional documents:
Construction of Mubaale Piped Water Supply System
Bidding Document 30
Instructions to
Bidders Data relevant to the ITB
Reference
The Bidder shall submit with its bid the following additional documents / information:
a) General experience in Civil works over the last 4years, works cited should be at
least 70 % complete.
c) The bidder must have suitably qualified staff personnel [prime candidate and
alternate] to fill the following key positions as detailed in section 5: Evaluation
Methodology:-
Position Name
Project Manager (1No)
Site Engineer (1 No)
General Works Foreman (1No)
Concrete works foreman
e) The minimum amount of liquid assets and/or credit facilities net of other
contractual commitments [i.e. to be available for the execution of the works under
this bid] of the successful Bidder shall be Uganda Shillings Two hundred million
only (UShs 200Million) or equivalent.
The bidder should have an annual turnover equivalent to Uganda Shillings five
hundred million (UShs 500,000,000) in one of the last five years.
ITB 15.3 The requirement on duties, taxes, and other levies is modified as follows: All relevant
taxes applicable
Bidding Document 31
Instructions to
Bidders Data relevant to the ITB
Reference
ITB 16.1 The price quoted by the Bidder shall be in Uganda Shillings.
ITB 16.2 The authority for specifying rates of exchange shall be the Bank of Uganda.
ITB 17.1 The bid validity period shall be 120 calendar days after bid opening.
ITB 17.3 Amount payable in both local and foreign currency components shall remain fixed
despite bid validity extension beyond 60 days after the expiry of the initial bid validity.
The amount of Bid Security shall be UShs.2,500,000= (Uganda Shillings Two Million
five hundred thousand only) or an equivalent amount in a freely-convertible currency.
ITB 19.1 Alternative bids to the requirements of the bidding documents are not permitted.
ITB 20.1 In addition to the original of the Bid, the number of copies required is: 02 (two). The
submission should contain one separate sealed envelopes;
Note: Format of bidding forms in section 4 to be adhered to.
ITB 20.2 The written confirmation of authorisation to sign on behalf of the Bidder shall consist of:
Duly registered Powers of Attorney
ITB 24.1 Bid Submission: For bid submission purposes only, the Procuring and Disposing
Entity’s address is :
ITB 27.1 Bid Opening: The proposal opening shall take place at:
Buvuma District Local Government Boardroom
Construction of Mubaale Piped Water Supply System
Bidding Document 32
Instructions to
Bidders Data relevant to the ITB
Reference
P. O. Box 103
Lugazi, Uganda
Date: .................................. Time (local time): after 11:15am
ITB 42.1 The Advance Payment shall be limited to 20% of the Contract Price issued after
submission of an unconditional bank guarantee equivalent to 20% of the Contract
Price.
ITB 43.1 The Appointing Authority for the Adjudicator is: The President of the Uganda
Institution of Professional Engineers
The hourly fee for this proposed Adjudicator shall be negotiable, all inclusive and shall
not exceed Ushs. 400,000 per day.
Construction of Mubaale Piped Water Supply System
Bidding Document 33
Bidding Document 34
A Evaluation Methodology
1 Methodology Used
1.1 The evaluation methodology to be used for the evaluation of bids received shall be the Technical
Compliance Selection (TCS) methodology.
2 Summary of Methodology
2.1 The Technical Compliance Selection methodology recommends the lowest priced bid, which is
eligible, compliant and substantially responsive to the technical and commercial requirements of
the Bidding Document, provided that the Bidder is determined to be qualified to perform the
contract satisfactorily.
2.2 The evaluation shall be conducted in three sequential stages –
(a) a preliminary examination to determine the eligibility of bidders and the administrative
compliance of bids received;
(b) a detailed evaluation to determine the commercial and technical responsiveness of the
eligible and compliant bids; and
i.) Having achieved annual turnover in construction works equivalent to UShs 500
million in any of the last 4 years. The turnover of the different works (stated
above) should both be certified.
ii.) Experience as prime contractor in the construction of at least 3 projects with
works of a nature and complexity equivalent to the works involved in this
procurement in the last 4 years. (To comply with this requirement, works must be
at least 70% complete).
iii.) A Contract Manager with 5 years of experience in civil works, and a minimumof
a bachelor of Civil or water engineering and has participated as a Contract
Manager for at least 3 successfully completed works projects (must submit
Curriculum Vitae endorsed by the respective staff not earlier than 6 months
before submission of bids)
iv.) A Site Manager with 5 years’ experience in civil works, and a minimumof a An
ordinary diploma of Civil or water engineering and has participated in at least 3
successfully completed works projects (must submit Curriculum Vitae endorsed
by the respective staff not earlier than 6 months before submission of bids)
v.) A Works Foreman with 5yrs experience in civil works and at least two years with
the Company, who has previously participated in at least 3 successfully
completed projects of equivalent nature and complexity. (must submit
Curriculum Vitae endorsed by the respective staff not earlier than 6 months
before submission of bids)
vi.) 2no. Plumbers who have previously participated in at least 2 successfully
completed projects of equivalent nature and complexity. (must submit
Curriculum Vitae endorsed by the respective staff not earlier than 6 months
before submission of bids)
vii.) Submit audited financial statements for last 3 years clearly indicating
profitability, turnover and net assets.
viii.) Submit bank statements covering a period of the last 8 months
Construction of Mubaale Piped Water Supply System
Bidding Document 35
ix.) Minimum amount of liquid assets and/or credit facilities net of other contractual
commitments of the successful bidder shall be UShs 200,000,000/- (Uganda
shillings two hundred million only).
x.) Bids submitted by joint ventures meeting the requirements specified in the
bidding documents will be considered.
xi.) Submit works details as follows:
Project Name Name of client Type of work performed and year of Value of Contract
& Country & Contact (must attach tender awards completion
(Uganda Shillings)
Person and certificates of completion
or equivalent)
(a)
(b)
(c) a financial comparison to compare costs of the eligible, compliant, responsive bids
received and determine the best evaluated bid.
2.3 Failure of a bid at any stage of the evaluation shall prevent further consideration at the next stage
of evaluation. Substantial responsiveness shall be considered a pass.
Bidding Document 36
the Public Procurement and Disposal of Public Assets Authority;
(i) Information on current litigation in which the Bidder is involved
(j) Specific powers of attorney specific to this project.
(k) Current PPDA registration Certificate.
3.3 For a Joint Venture, the documentation in Section 3.2 shall be required for each member of the
Joint Venture and the following additional documentation shall also be required: N/A
(a) a certified copy of the Joint Venture Agreement, which is legally binding on all partners,
showing that:
(i) all partners shall be jointly and severally liable for the execution of the Contract in
accordance with the Contract terms;
(ii) one of the partners will be nominated as being in charge, authorised to incur
liabilities, and receive instructions for and on behalf of any and all partners of the
joint venture; and
(iii) the execution of the entire Contract, including payment, shall be done exclusively
with the partner in charge.
(b) Power of Attorney of the signatory(ies) of the bid authorising signature of the bid on
behalf of the joint venture;
4 Administrative Compliance Criteria
4.1 The evaluation of Administrative Compliance criteria shall be conducted in accordance with
ITB Clause 30.3.
C Detailed Evaluation Criteria
5. Commercial and Technical Criteria
5.1 The commercial and technical responsiveness of bids shall be evaluated in accordance with ITB
Clause 31.
5.2 The assessment of responsiveness will consider the following criteria:
(a) acceptance of the conditions of the proposed contract;
(b) acceptable completion schedule;
(c) acceptability of the proposed program (work method and schedule), including relevant
drawings and charts;
(d) all items under 2.2 (b) above
(e) Major items of construction equipment proposed to carry out the contract;
Construction of Mubaale Piped Water Supply System
Bidding Document 37
Minimum Number
Equipment Type
Required
Tipper trucks, 7 tons 1
Pick up, 1 ton 1
Concrete mixers (at least 1m3 capacity) 1
Compressor/jack hammer 1
Plumbers tools 1 Set
Please enumerate them in detail using a list indicating the ownership or lease with log books
E Post-qualification Criteria
9 Qualification Criteria
9.1 To qualify for award of the Contract, Bidders shall meet the following minimum qualifying
criteria:
(a) annual volume of construction work in any of the past 4 years of at less UShs. 500million;
(b) experience as prime contractor in the construction of at least 3 projects with works of a
nature and complexity equivalent to the works involved in this procurement in the last 4
years (to comply with this requirement, works cited should be at least 70 percent
Construction of Mubaale Piped Water Supply System
Bidding Document 38
complete);
(c) proposals for the timely acquisition (own, lease, hire, etc.) of the essential equipment
listed in the day work schedule:
(d) a Contract Manager with 4 years’ experience in works of an equivalent nature and
volume, including not less than five years as Manager;
(e) liquid assets and/or credit facilities, net of other contractual commitments and exclusive of
any advance payments which may be made under the Contract, of not less than
Ug.Shs.200 million;
9.2 A consistent history of litigation or arbitration awards against the Applicant or any partner of a
Joint Venture may result in disqualification.
9.3 The figures for each of the partners of a joint venture, shall be added together to determine the
Bidder’s compliance with the minimum qualifying criteria of paragraph 9.1 (a) and (e);
however, for a joint venture to qualify, each of its partners must meet at least 25 percent of
minimum criteria 9.1 (a), (b), and (e) for an individual Bidder, and the partner in charge at least
40 percent of those minimum criteria. Failure to comply with this requirement will result in
rejection of the joint venture’s bid.
9.4 Subcontractors’ resources will not be taken into account in determining the Bidder’s compliance
with the qualifying criteria. Only their experience will be considered.
9.5 The information and documentation required to provide evidence of qualification shall be:-
(a) total monetary value of construction work performed for each of the last five years;
(Attach letters of award and completion certificates)
(b) experience in works of a similar nature and size for each of the last five years, and details
of work under way or contractually committed; and clients who may be contacted for
further information on those contracts; (Attach letters of award and completion
certificates)
(c) major items of construction equipment proposed to carry out the Contract; (Attach vehicle
log books, lease agreements, and/or receipts of purchase)
(d) qualifications and experience of key site management and technical personnel proposed
for the Contract and site management organogram; (Attach academic transcripts,
curriculum vitae and/or letters of employment/recommendation from previous employers)
(e) reports on the financial standing of the Bidder, such as profit and loss statements and
auditor’s reports for the past five years;
(f) evidence of adequacy of working capital for this Contract (access to line(s) of credit and
availability of other financial resources);
(g) authority to seek references from the Bidder’s bankers;
(h) information regarding any litigation, current or during the last five years, in which the
Bidder is involved, the parties concerned, and disputed amount; and
(i) proposals for subcontracting components of the Works amounting to more than 10 percent
of the Contract Price;
9.6 The information and documentation listed in 9.5 shall be provided on the Qualification Form in
Section 4, where appropriate.
Construction of Mubaale Piped Water Supply System
Bidding Document 39
Bidding Document 40
Table of Forms
ACTIVITY SCHEDULE 44
BID SECURITY 45
QUALIFICATION FORM 46
Bidding Document 41
[This Bid Submission Sheet should be on the letterhead of the Bidder and should be signed by a
person with the proper authority to sign documents that are binding on the Bidder]
Currency Percentage payable Rate of exchange: one foreign Inputs for which foreign
in currency equals [insert local] currency is required
(d) The advance payment (which shall be payable in the same currencies and
percentages as the Contract Price) required is:
Amount Currency
(e) The discounts offered and the methodologies for their application are:
Unconditional discounts. If our bid is accepted, the following discounts shall apply. [Specify in
detail each discount offered (eg amount/percentage) and the specific item of the Statement of
Requirements to which it applies.]
Methodology of application of the unconditional discounts. The unconditional discounts shall
be applied using the following method: [Specify precisely the method that shall be used to
apply the discounts];
Conditional discounts. If our bids for more than one lot are accepted, the following discounts
shall apply. [Specify precisely each discount offered (eg amount/percentage) and the conditions
for its application.]
Methodology of application of the conditional discounts. The conditional discounts shall be
applied using the following method: [Specify in detail the method that shall be used to apply
the discounts];
Bidding Document 42
(f) Our bid shall be valid for a period of [specify the number of calendar days] calendar days from
the date fixed for the bid submission deadline in accordance with the Bidding Document, and it
shall remain binding upon us and may be accepted at any time before the expiration of that
period;
(g) If our bid is accepted, we commit to obtain a Performance Security in accordance with the
Bidding Document in the amount of [insert amount and currency in words and figures of the
Performance Security] for the due performance of the Contract;
(h) We, including any subcontractors or providers for any part of the contract resulting from this
procurement process, are eligible to participate in public procurement in accordance with ITB
Clause 4.1;
(i) We, including any subcontractors or Providers for any part of the contract, have nationals from
eligible countries [insert the nationality of the Bidder, including that of all parties that
comprise the Bidder, if the Bidder is a joint venture, consortium or association, and the
nationality of each subcontractor];
(j) We undertake to abide by the Code of Ethical Conduct for Bidders and Providers during the
procurement process and the execution of any resulting contract;
(k) We accept the appointment of [name proposed in Bid Data Sheet] as the Adjudicator.
[or]
We do not accept the appointment of [name proposed in Bidding Data] as the Adjudicator, and
propose instead that [name] be appointed as Adjudicator, whose daily fees and biographical
data are attached.
(l) We are not participating, as Bidders, in more than one bid in this bidding process, other than
alternative bids in accordance with the Bidding Document;
(m) We, including any subcontractors, do not have any conflict of interest and are not associated,
nor have been associated in the past, directly or indirectly, with the consultant or any other
entity that has prepared the design, specifications, and other documents for the Project or that is
being proposed as Project Manager for the Contract;
(n) We, our affiliates or subsidiaries, including any subcontractors for any part of the contract, have
not been suspended by the Public Procurement and Disposal of Public Assets Authority in
Uganda from participating in public procurement;
(o) The following commissions, gratuities, or fees have been paid or are to be paid with respect to
the bidding process or execution of the Contract: [insert complete name of each Recipient, their
full address, the reason for which each commission or gratuity was paid and the amount and
currency of each such commission or gratuity. If none has been paid or is to be paid, indicate
“none”.]
Bidding Document 43
(p) We understand that this bid, together with your written acceptance thereof included in your
Letter of Bid Acceptance, shall constitute a binding contract between us, until a formal contract
is prepared and executed.
(q) We understand that you are not bound to accept the lowest bid or any other bid that you may
receive.
Signed: [signature of person whose name and capacity are shown below]
Name: [insert complete name of person signing the bid]
In the capacity of [insert legal capacity of person signing the bid]
Duly authorised to sign the bid for and on behalf of: [insert complete name of Bidder/Joint Venture]
Dated on ____________ day of __________________, _______ [insert date of signing]
Bidding Document 44
[This blank form is included for guidance purposes only. The Bidder should price the Activity
Schedule included in Section 6, Statement of Requirements. The priced Activity Schedule
should be signed by a person with the proper authority to sign documents for the Bidder and
included by the Bidder in its bid. The Bidder may reproduce this in landscape format but is
responsible for its accurate reproduction. If necessary these may be bound in a separate
volume].
Activity Schedule
Date: [insert date (as day, month and year) of Bid Submission]
Procurement Reference No.:[insert Procurement Reference number]
1
2
SUB TOTAL
ADD 5% CONTINGENCY
TOTAL 1
GRAND TOTAL
Signed: [signature of person whose name and capacity are shown below]
Name: [insert complete name of person signing the bid]
In the capacity of [insert legal capacity of person signing the bid]
Duly authorised to sign the bid for and on behalf of: [insert complete name of Bidder/Joint Venture]
Dated on ____________ day of __________________, _______ [insert date of signing]
Bidding Document 45
[This Bid Security should be on the letterhead of the issuing Financial Institution and should be
signed by a person with the proper authority to sign the Bid Security. It should be included by the
Bidder in its bid, if so indicated in the BDS].
Bid Security
Date: [insert date (as day, month and year) of Bid Submission]
Procurement Reference No.: [insert Procurement Reference number]
To: [insert complete name of Employer]
Whereas, [insert complete name of Bidder] (hereinafter called “the Bidder”) has submitted its bid
dated [insert date (as day, month and year) of bid submission] for Procurement Reference number
[insert Procurement Reference number] for the construction of [insert brief description of the Works]
(hereinafter called “the bid”).
KNOW ALL PEOPLE by these presents that We [insert complete name of institution issuing the Bid
Security] of [insert city of domicile and country of nationality] having our registered office at [insert
full address of the issuing institution] (hereinafter called “the Guarantor”) are bound unto [insert
complete name of Employer] (hereinafter called “the Employer”) in the sum of [specify in words and
figures the amount and currency of the Bid Security] for which payment well and truly to be made to
the said Employer, the Guarantor binds itself, its successors or assignees by these presents.
Sealed with the Common Seal of the said Guarantor this [insert day in numbers] day of [insert
month], [insert year].
THE CONDITIONS of this obligation are:
(1) If the Bidder withdraws its bid during the period of bid validity specified in the bid
submission sheet; except as provided in ITB Sub-Clause 17.2; or
(2) If the Bidder having been notified of the acceptance of its bid by the Employer during the
period of bid validity fails or refuses to:
(a) sign the Contract in accordance with the ITB Clause 40, if required; or
(b) furnish the Performance Security, in accordance with the ITB Clause 41; or
(c) accept the correction of its bid price pursuant to ITB Clause 29.5,
we undertake to pay to the Employer up to the above amount upon receipt of its first written demand,
without the Employer’s having to substantiate its demand, provided that in its demand the Employer
states that the amount claimed by it is due to it, owing to the occurrence of one or more of the above
conditions, specifying the occurred conditions.
This security shall remain in force up to and including twenty-eight (28) days after the period of bid
validity, and any demand in respect thereof should be received by the Guarantor no later than the
above date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.
Signed: [insert signature of person whose name and capacity are shown below]
Name: [insert complete name of person signing the Bid Security]
In the capacity of [insert legal capacity of person signing the Bid Security]
Duly authorised to sign the Bid Security for and on behalf of: [insert complete name of Financial
Institution]
Dated on ________ day of __________________, _______ [insert date of signing]
Bidding Document 46
[This Qualification Form should be submitted for the Bidder, or in the case of bids from Joint
Ventures, for each member of the Joint Venture. The form should be on the letterhead of the
Bidder/member of Joint Venture and should be signed by a person with the proper authority to sign.
It should be included by the Bidder in its bid, unless otherwise indicated in the BDS.
The information will be used for purposes of post-qualification or for verification of pre-qualification.
This information will not be incorporated in the Contract. Attach additional pages as necessary.
Where a pre-qualification was conducted, the Bidder should complete any information which updates
the original pre-qualification application or sign the statement confirming that the pre-qualification
information remains current and correct.
Refer to Section 3, Evaluation Methodology and Criteria for details of the criteria to be met].
Qualification Form
1. The total annual volume of construction work performed in each of the last five years is:
2. The work performed as prime Contractor on works of a similar nature and volume over the last five
years is: [List also details of work under way or committed, including expected completion date.]
Bidding Document 47
3. The major items of equipment proposed for carrying out the Works are:
4. The qualifications and experience of key personnel proposed for administration and execution of
the Contract are: [Attach biographical data.]
6. The following financial reports (e.g. balance sheets, profit and loss statements, auditors’ reports etc)
for the last five years are attached: [List and attach]
1.
2.
3.
7. The following evidence of access to financial resources (e.g. cash in hand, lines of credit etc) to
meet the qualification requirements is attached: [List and attach]
1.
2.
3.
Bidding Document 48
8. Banks that may provide references if contacted by the Employer are: [State name, address and
telephone, telex and facsimile numbers]
(a) the information contained in and attached to this form is true and accurate as of the date of bid
submission:
(b) the originally submitted pre-qualification information remains essentially correct as of the date of
bid submission.
Signed: [signature of person whose name and capacity are shown below]
Name: [insert complete name of person signing the Qualification Form]
In the capacity of [insert legal capacity of person signing the Qualification Form]
Duly authorised to sign the Qualification Form for and on behalf of: [insert complete name of
Bidder/Member of Joint Venture]
Dated on ____________ day of __________________, _______ [insert date of signing]
Bidding Document 49
Bidding Document 50
(a)as a matter of law or official regulation, the Government of Uganda prohibits commercial
relations with that country, provided that the Government of Uganda is satisfied that such
exclusion does not preclude effective competition for the provision of supplies or related
services required; or
(b) by an act of compliance with a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations, the Government of Uganda prohibits any
import of Supplies from that country or any payments to persons or entities in that country.
Table of Contents
1.1 Description of Works 54
1.2 Borehole and Pump House 54
1.3 Transmission Mains 55
1.4 Reservoirs 55
1.5 The Distribution System 56
1.6 Service Pipes 57
1.7 Water Office Block 57
1.8 Survey of Highways, Properties, Lands and Crops 58
1.9 Traffic Requirements 58
1.10 Surface Boxes and Guards 58
1.11 Excavation 59
1.12 Concrete Protection to Pipes 60
1.13 Pipe Surround 60
1.14 Protection of Ferrous Pipes, Joints and Fittings 60
1.15 Marker and Indicator Posts 60
1.16 Precautions Prior to Testing Pipelines 61
1.17 Testing of Pressure Pipelines 61
1.18 Disinfection of Water Mains 62
1.19 Survey of Pipeline Routes 62
1.20 Pipelaying - Controlled and Non-Controlled Sections 63
1.21 Pipeline Materials 63
1.22 Connections of Existing Water Supply 69
1.23 Consumer Meters 69
1.24 Installation of Gate Valves 70
1.25 Installation of New Hydrants 70
1.26 Appurtenances and Accessories for Pressure Mains 70
1.27 Drawings, Documents and Maintenance Scheme 74
1.28 Operating and Maintenance Manuals 75
1.29 Tools and Equipment 76
1.30 Gabions 76
Construction of Mubaale Piped Water Supply System
Bidding Document 54
PARTICULAR SPECIFICATIONS
The layouts of all the works to be constructed are given in the Drawings as listed below:
Drawing BUV/MBL/06-15/001 series show the General layouts.
Drawing BUV/MBL/06-15/002 series show the Topographic profiles.
Drawing BUV/MBL/06-15/003 series show the Water Office block.
Drawing BUV/MBL/06-15/004 series show the Storage Reservoir.
Drawing BUV/MBL/06-15/006 series show General notes for drawings.
Drawing BUV/MBL/06-15/007 series show the Watchman’s House.
Drawing BUV/MBL/06-15/008 series show the Valve Chambers.
Drawing BUV/MBL/06-15/011 series show the Fencing details.
Drawing BUV/MBL/06-15/012 series show the Sign Post.
Drawing BUV/MBL/06-15/013 series show the Pipe connection details.
A.2 Reservoirs
The detail specifications for pipework provided for in these specifications shall apply for the
site pipework
The Contractor shall excavate the site to the extent of the formation level of the tank
foundation. The ordinary excavated material and topsoil shall be reserved for filling within
the site, landscaping, and the balance disposed of. The Contractor shall identify his own
disposal sites. The site shall be dug up, raked level and grassed. Should any manure be
required necessary for grassing, this shall be deemed to be included in the greasing rate.
The outlet from the reservoirs shall be fitted with a bulk meter. The meter shall registrar
accurately to within +5% in the flow range of 0-10 l/s. All the drains and overflows from the
new reservoir shall be connected to the existing roadside drains.
Construction of Mubaale Piped Water Supply System
Bidding Document 55
The site shall be fenced and provided with a gate, as shown in the drawings
The details of the office block are as given in the drawings. The block shall house the
following:
a store
toilet facilities
The following general finishes shall apply in addition to those contained in the drawings:
toilets and washroom shall have the walls and floors tiled with ceramic tiles of approved
colour
the ceiling shall be in approved expanded metal lathe plaster sand ceiling
all the external windows and doors shall be burglar proofed to the Project Manager’s
satisfaction
Construction of a chain link fence around the water office building and provision of
an access gate
The Contractor shall provide the Engineer with the details of all the property that may be
destroyed in the course of the execution of the works, four weeks prior to commencing works
in the affected areas. This will allow adequate time for the Employer to compensate the
owners of the property before the works commence. The Employer shall not be held liable
for any delays in the works arising from late presentation of this information to the Engineer
or delays arising out of inaccuracies of the information presented by the Contractor to the
Engineer.
Construction of Mubaale Piped Water Supply System
Bidding Document 56
All valves, unless otherwise stated, shall be provided with surface boxes. The surface boxes
shall be of the type given in the Standard Details Drawings. The Contractor shall be deemed
to have included in his rates for installation of surface boxes:
extension spindle
A.7 Excavation
Trenches for HDPE pipes laid in the road reserves or underneath roads shall have a minimum
cover of 1.2 m over the crown of the pipe. Trenches for ductile iron pipes, or steel pipes or
HDPE pipes laid in open fields not subject to traffic loading shall have a minimum cover of
0.90 m above the crown of the pipe.
Scrub, hedges, debris and other obstacles such as huts, trees etc. along the routes of the
pipelines shall be cleared to the satisfaction of the Engineer. The Engineer reserves the right
to restrict the width of clearance due to the proximity of roots, houses, public utilities or other
such permanent obstructions. All trees within 2 m of the pipeline centre lines shall be felled
and the roots grubbed up. Trees with a girth of less than 0.5 m shall be deemed to be
included in the clearance of scrub etc and shall not be paid for separately.
Before excavating across any public road, the Contractor shall give 7 days notice in writing
of his intention to excavate, shall satisfy the Engineer, the Police and other traffic authorities,
as to the precautions he proposes to take and the signs and lights and / or to be provided and
operated. The Contractor shall further give the Engineer 24 hours notice before excavating
across any private road or track. The cost of providing all diversions, signs, signals,
operations, flagmen and the like will be at the Contractor’s expense, and shall be deemed to
be included in the Contract, whether these are expressly billed or not.
All surfaces of roads, paths, fields, gardens, verges etc whether public or private, which are
disturbed during the execution of the Contract, shall be initially restored on a temporary basis
by the Contractor. Permanent reinstatement shall commence only when the backfilled
material has properly consolidated. The cost of restoration shall be deemed to be included in
the Contract whether these have been expressibly billed or not.
Permanent restoration shall not commence until the Engineer has given written permission to
proceed. It shall be carried out with materials similar to those, which were used in the
original surface and to the satisfaction of the Engineer and/or the responsible owner or
Authority.
Construction of Mubaale Piped Water Supply System
Bidding Document 57
Trenches, channels, and kerbs shall be reinstated to the condition in which they were before
excavation was commenced. The final surface of the trench shall be flush with surrounding
ground. The width of reinstated surfaces, due to be measured for payments, shall correspond
to the specified width at that location.
For the purposes of the 3rd edition of the Civil Engineering Standard Method of
Measurement, hereinafter referred to as CESMM3, the classification of excavation shall be as
follows.
(i) Topsoil shall be regarded as any soil, which, on visual examination, can be seen to
have been broken down by agricultural cultivation, and/or is capable of supporting
plant growth.
(ii) Rock shall include any material, which, in the opinion of the Engineer, requires for its
removal the use of explosives, sledgehammers and wedges, breaking tools or which
cannot be removed by a 145 kW tractor with rear mounted heavy-duty ripper.
Individual boulders, each greater than 0.2 m3 in volume shall be included in this class
when their nature and size are such that they cannot be removed without recourse to
the stated methods. Where their aggregate volume is 50% or more of the total volume
of material removed it shall be measured as rock throughout.
All pipes at public road crossings shall be provided with a class C15 concrete surround
The Contractor shall give notice to the Engineer after completion of trenching of his intention
to lay the Pipe. The Engineer will jointly with the Contractor inspect the trenches, and
determine the type of pipe surrounds required for different sections of the trenches. The
types of surrounds will be as follows:
(i) non selected excavated material other than top soil, rock or artificial hard
material;
Indicative quantities of surrounds in the various categories have been included in the
Contract. The final quantities shall be as determined on site.
External painting of pipe fittings is not deemed adequate protection, and therefore shall not
be permitted. The Contractor shall present to the Engineer a sample of the material he
intends to use for approval, prior to ordering fittings. Protections shall be provided to all
fittings falling in this category, and the cost of so doing shall be deemed to be included in the
rates for the pipework.
Construction of Mubaale Piped Water Supply System
Bidding Document 58
Marker posts for fittings and pipeline structures shall be of design as shown in the drawings,
and shall be located within 3 m of the fittings, and to minimise the possibility of
traffic/pedestrian damage, and damage from future pipe laying/fitting repair operations.
Marker plaques shall be aluminium plates 150 x 150 x 3 mm or the markings shall be formed
in the concrete at the time of casting the marker posts. They shall be engraved with the
pipeline diameter and offset distance prior to installation.
Pressure testing of pipelines against a closed valve shall be avoided. If the circumstances are
such this is not avoidable, the Contractor shall seek the approval of the Engineer prior to
undertaking such a test.
The pipelines shall be subjected to a hydrostatic testing prior to commissioning. The test
pressure shall be:
Transmission pumping line:- Operation pressure or static pressure plus 5 bar, whichever
is greater.
For concrete or cement - mortar lined pipelines; the section under test shall be filled with
water to the required pressure and allowed to stand for 24 hours before the test procedure
commences.
For the initial construction period the lengths of pipelines to be tested shall not exceed 0.5
km. At the discretion of the Engineer this length may, as the Contract proceeds, be extended
to a maximum of 1.5 km.
Before testing commences, all anchorages shall be in position, all concrete thrust blocks shall
have attained their required strength and, where pipe joints are deflected to produce large
radius curves, the backfill between the pipe body and the trench side shall be compacted to
the final requirements. The Contractor shall provide for transmitting the unsupported end
thrusts to solid ground.
The Contractor shall fill the pipe with water and shall steadily increase the pressure to the
working pressure of the main. The pressure shall then be increased in increments of 1.0 bar,
with a pause of one (1) minute between each increment until the specified test pressure is
achieved. After a period of thirty (30) minutes, the quantity of water required to restore the
pressure back to the test pressure shall be measured.
Construction of Mubaale Piped Water Supply System
Bidding Document 59
This process shall continue for a minimum period of three (3) hours.
If the amount of make-up water in the three hours test exceeds the specified quantity, the
Contractor shall locate and repair the leaks, then repeat the test all at his own expense. The
test on each section shall be repeated until the specified degree of water tightness has been
obtained.
The Contractor shall disinfect all new mains intended for conveyance of potable water before
they are put into service.
Pipelines that are to convey potable water and have successfully passed the hydrostatic test
shall be scoured out until the wash water runs clear. They shall then be recharged with
potable water containing at least 50 mg/l of free chlorine. The chlorine shall be derived from
a 1% solution of calcium hypochlorite in water. The solution shall be added in a manner and
rate approved by the Engineer.
The pipeline shall then be allowed to stand for a period of at least 24 hours during which
period all intermediate in-line valves shall be operated at least once. After this period, the
residual free chlorine shall be measured at the end of the pipeline furthest from the point of
injection of the chlorine solution. If the free residual chlorine is less than 10mg/1, the
sterilisation process shall be repeated until this value is achieved.
The Employer will supply, free of charge, sufficient potable water for one sequence only of
the scouring, sterilising, re-charging and commissioning procedures as defined. The
Contractor shall be deemed to have allowed in his rates, for any re-sterilisation including the
cost of potable water, deemed necessary by the Engineer.
The Engineer has carried out a preliminary survey of pipeline and fixed the appropriate route
as indicated on the Drawings.
The Contractor, in conjunction with the Engineer, shall set out and agree the final pipeline
route and shall undertake a detailed survey of the agreed route prior to the commencement of
construction work. The Contractor shall submit the results of the
survey to the Engineer in the form of longitudinal sections and plans drawn to a scale to be
decided by the Engineer. They shall conform to the following.
(i) The length of the route shall be accurately measured and chainage markers (50 mm x
50 mm timber pegs or similar approved) fixed at 50 m intervals and clearly marked
with the chainage at that point.
(ii) Using modern survey equipment approved by the Engineer, ground levels shall be
taken at intervals agreed with the Project Manager. Generally a 25 m interval will be
acceptable though this is to be reduced as necessary to ensure any abrupt changes in
level are recorded.
Construction of Mubaale Piped Water Supply System
Bidding Document 60
The Engineer will review the pipeline profile and amend it where necessary including any
revisions to the number and position of air valves and washouts.
Route surveying shall be completed, and approved Pipe Laying Drawings issued and
approved, before excavation and pipe laying begin.
The criteria for the level and gradient to which pipe shall be laid are divided into two
categories as follows.
“Controlled Sections” comprise those sections of the pipeline where pipe gradients will be
subject to the following.
(i) The upward gradient shall be steeper than 1 in 500 with flow, or steeper than 1 in 300
against the flow.
(ii) The positions of the high and low points shall be determined from the Contractor’s
detailed route survey and shall be as far apart as ground levels permit, with the depth
of the pipe being increased from the minimum by as much as 1 000 mm to avoid high
points at small undulations.
The Contractor shall ensure that the required pipe levels and gradients along “controlled”
sections comply with the above criteria.
All pipelines of size equal to or bigger than DN 100 shall be in uPVC or equivalent quality
material in the distribution network. Pipes of smaller size have been specified as HDPE.
However, any pipeline of equal or better quality will be acceptable. House connections shall
be in PE.
The transmission pipeline shall be in HDPE according to the Contract agreement. Material
specifications are given below:
Standard of Manufacture
Steel water pipes will be delivered in accordance to the requirements of DIN 2460
(Specification for Steel water pipe). Pipes themselves will be manufactured and tested
according to DIN 1626.
The nominal pressure of the pipeline, trench depth, type of pressure loading (static or
Construction of Mubaale Piped Water Supply System
Bidding Document 61
pulsating) shall be advised to the manufacturer. The wall thickness and steel grades for steel
pipes shall be selected from Table 3 of DIN 2460 reproduced below to suit the working
requirements of the system if the following conditions apply:
Trench depth does not exceed 6m for DN 500 and below, and 4m for above DN 500
Should the trench depth exceed the above values or the internal pressure is fluctuating than
wall thickness should be checked according to DIN2413 for suitability and adjusted if
necessary.
Pipes and fittings will be coated externally in fusion bonded epoxy powder (EP Powder) to
DIN 30671 (Specification for Thermoset plastic coatings for buried steel pipes) to a
minimum thickness of 350 microns. Pipes and fittings will be coated only in factory
conditions.
Prior to external and internal lining, all Pipes and Fittings will be blast cleaned to DIN 55928
Part SA 2.5 quality with a surface profile of 38 – 102 microns. All blasting cleaning machines
will be fitted with air-wash systems to remove dust and fines from the surfaces during grit
Construction of Mubaale Piped Water Supply System
Bidding Document 62
blasting. All surfaces will be cleaned of dust by compressed air prior to coating.
The epoxy powder used will be Basepox PE50 – 1080 manufactured by BASF AG.
For small pipes (DN < 100 mm), galvanizing protection will be permitted.
All pipes and fittings will be lined internally in cement mortar to DIN 2614 Type N.
Lining thickness of pipes shall be in accordance with DIN 2614 Table 4 below.
Cracks in Linings DIN 1624 Clause 6.5: Single cracks shall not exceed 2.5 mm. Expansion
cracks as a result of transport or in service use wider than 1.5 mm shall be repaired unless it
can be demonstrated to the satisfaction of the purchaser that cracks will heal autogenously
under constant soaking of water.
Condition of Linings (DIN 2614 Clause 6.5): Linings of pipes shall be as smooth as possible
without surface irregularities exceeding 1 mm in depth determined by measuring the distance
from a 30 mm straight edge placed on the lining in the direction of the pipe axis. Localised
irregularities of up to 2.5 mm in depth are allowed on fittings.
Cured linings shall not have loose sand particles. Protruding, firmly embedded sand grains
shall be permitted.
For small diameter pipes (DN < 100 mm), galvanised protection will be permitted.
Construction of Mubaale Piped Water Supply System
Bidding Document 63
Standards
The latest editions of the following Standards and Codes of Practice shall apply:
Standards:
ISO 161
ISO 2441
DIN 8061
DIN 8062
DIN 8063
DIN 16451
DIN 16929
DIN 19532
Codes of Practice:
DVGW W 320
DVGW W 323/1
DVGW W 325
DN Chamfer Length
D External (mm) Thickness (mm)
(mm) (mm)
50 63 3.0 4.5
80 90 4.3 6.5
100 110 5.3 8.0
150 160 7.7 11.5
200 225 10.8 16.0
Wall thickness of pipes shall not be less than above-mentioned figures.
5 16 16 10 2.5
- Pipes shall have automatic socket and spigot joints with synthetic ring seal, spigot
ends shall be chamfered as mentioned above.
- The pipes shall be designed so as to withstand the load of a heavy truck (load of axle
140 kN) at 0.80 m soil cover under specified bedding conditions.
Flanges
Specials and fittings shall be of uPVC acc. to DIN 8063 or of PVC-coated cast iron acc. to
DIN 16451, and form part of the pipe manufacturer’s original program.
Standards
The latest editions of the following Standards and Codes of Practice shall be apply:
Standards:
ISO 161
ISO 3607
DIN 8074
DIN 8075
DIN 16932
Construction of Mubaale Piped Water Supply System
Bidding Document 65
DIN 16933
DIN 16934
DIN 19533
Codes of Practice:
DVGW W 320
DVGW W 323/1
DVGW W 325
Based on Standard Bidding Document issued by PPDA June 2005 Part 3: Section 6
Construction of Mubaale Piped Water Supply System
Bidding Document 66
Flanges
Dimensions acc. to ISO 2441, Welding necks shall be of uPE. Counter-flanges shall be of
uPE.
Specials and fittings shall be of uPE acc. to DIN 19533 and form part of one supplier’s
original program
When the Contractor is instructed to work on an existing main, he shall give at least two
weeks notice of his intention to start the work, and obtain the agreement of the Engineer to
his proposed programme of work. In formulating his programme, the Contractor shall take
into account the desirability of reducing to a minimum the time during which the existing
main is shutdown and the existing supply interrupted. During this time the Contractor shall
supply the population at selected points indicated by the Engineer.
The Contractor shall make all necessary arrangements to deal with any discharge of water
from the existing mains when exiting the Works. Any tees, valves and other pipework used
to make the connection shall be sterilised to the satisfaction of the Engineer. Pipes, which
have been emptied during the execution of the Works, shall only be refilled under the
supervision of the Engineer.
All consumer meters shall be Kent PSM or similar approved by the Engineer and to BS 5728.
Construction of Mubaale Piped Water Supply System
Bidding Document 67
New gate valves shall be installed at locations specified in the drawings or as directed by the
Engineer. The Contractor shall install gate valves, complete with chambers and their
associated pipework and fittings, in accordance with Standard Detail SD111.
Not used
A.22.1 Standards
DIN 1952
DIN 3202
DIN 3230
DIN 3352
ISO 2441
All items shall be duly factory-tested prior to delivery according to DIN 3230, Parts 3 and 4
or similar test. Test-certificates shall be submitted with each set of delivery.
1. Nominal diameter
2. Nominal pressure
3. Material of body
4. Direction of flow
5. Manufacturer’s trade mark
6. Maximum temperature of liquid
7. Permissible working pressure
8. Quality control mark
9. Serial number
10. Year of manufacture
11. Stamp of acceptance
12. Hydraulic coefficients
13. Number of standard
Construction of Mubaale Piped Water Supply System
Bidding Document 68
A.22.3 Flanges
A.22.4 Coating
Protective coatings for appurtenances and accessories shall, if not otherwise mentioned, be as
follows:
For buried items:
Pigments shall be to the approval of the Engineer. Colours according to the Engineer’s
instruction.
A.22.5 Manufacturer
All valves and accessories except for fire hydrants shall be from the same manufacturer. All
valves and accessories shall be used for transmission mains and distribution mains as well as
for central works, such as tanks, pumping plant, etc.
Gate valves shall be of advanced design according to DIN 3202 and DIN 3352, Parts 1 and 4,
or equivalent standard for free flow with rubber-coated wedge. Nominal pressure shall be as
indicated. Valves shall close clockwise with non raising spindle and shall be provided with
maintenance-free stuffing-box. Design shall be such as to allow buried installation. Drive
nut shall be square of size 27 x 27 mm. Body and wedge shall be of nodular cast iron,
spindle of stainless steel, rolled thread, roll-polished shaft, spindle nut of brass or nodular
cast, stuffing-box seal of approved plastic.
Butterfly valves shall be such that the basic body (a) can be equipped with different elements
as follows:-
(e) Standard gravity drive with standard hydraulic lift cylinder and attenuation (incl. Oil
tank)
(f) Flow interceptor with mercury balance and trigger mechanism.
Hence, the family of butterfly valves shall be worked out such as to minimize variety of types
and spares to be held.
Shall be of advanced design with eccentric shaft and continuous ring seal. Design
shall permit adjustment of seal without dismantling the disk. Flanges shall be
provided for the drive mechanism. Design must be such as to allow buried
installations.
Body and disk shall be of nodular cast iron, seat in body shall be of nickel built-up
welding, seal ring of approved synthetic rubber, clamping segments shall be of
nodular cast iron and screws of stainless steel, shafts shall be of stainless steel and
bushings of nodular cast alloy, ring seals of synthetics and screws of stainless steel.
Spindle thread shall be rolled-on, close clockwise, non-rising. Design shall be such as
to allow installation of approved spindle extension of Subsection 10. Drive nut shall
be of size 27 x 27 mm for DN up to 400. Gear box shall be watertight with annular
gaskets, 0-rings shall tighten the drive-end bushing. Axial drive-end bearing shall be
self-lubricating ball-bearing.
Gearbox shall be of cast iron, spindle of stainless steel with rolled-on thread, spindle-
nut of nodular alloy cast.
Spindle extension for buried valves shall be made up of the following parts:
1 surface box
One key shall be supplied for every 50 units, but 5 keys at least per contract.
One key shall be supplied for every 25 units, but 5 keys at least per contract.
Basic design criteria of this valve shall be same as of Sub-section 8 above, but eccentric
position of shafts relative to pipe centre-line and metallic sealing surfaces. This check valve
shall only be for installation and manholes and shall be equipped with a drive weight fixed to
a lever, adjustable position.
Materials as per Sub-section 8 above, except metallic seal surfaces, all nickel-plated, lever of
welded carbon steel, drive weight of nodular cast.
Air vents shall have 2 chambers, the bigger one shall act when the pipeline is filled or blown
off, the smaller one during normal operation. A stop valve incorporated in the body shall
permit easy maintenance.
Body shall be of nodular cast, gaskets, of approved synthetics, bolts and nuts of cadmium-
plated steel.
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Strainers shall have flanges and a net inlet area of at least 3 x area of DN. The strainer shall
be fixed to the flange by bolts.
Body of nodular cast iron strainer of stained copperplate, bolts of stainless steel.
Flap valves for outlets shall be with flange PN 10 or socket as required. Body, flap of
nodular cast, axle of bronze, bolt of steel or bronze; seal of rubber.
(1) The Contractor shall submit to the Engineer in triplicate the following drawings for
approval:
(a) Electrical Drawings: On the basis of the simplified documents, the Contractor
shall prepare the following planning records as supplements to the VOB DIN
18382 Standards:
This also applies to the control and signal circuits are well as interlocking and
interrelated control of other technical sectors. A clear illustration according to
pertinent standards is imperative.
(2) Two copies will be retained for record purposes whilst one copy will be returned to
the Contractor stamped "APPROVED" and/or supplement with any necessary
modifications or revisions. The Contractor shall provide four further copies of finally
approved drawings.
(1) Within a period of three weeks following the issue of the "Take-over" Certificate the
as-built drawings shall be provided. One set shall be reproducible on plastic (or
equivalent) and three sets shall be prints of:
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(c) Comprehensive diagrams for the control panel showing scheduled functions and
diagram of connection,
(d) Overall mechanical/electrical and control schedules for the Works with details of
interconnections between the various units of the plant,
(1) Comprehensive operating and maintenance manuals in English language covering all
items of Plant and including all manufacturers’ instruction, references, lists, etc. shall
be compiled. The manuals have to cover the pumping station and the treatment plant.
(2) The manuals shall be submitted in five copies and shall cover the testing, operation,
control, maintenance, dismantling and repair of all the Plant provided in the Works.
All information shall be supported by:
(4) The Contractor shall deliver to the Engineer in duplicate loose leaf copies of draft
operational and maintenance manuals for the Plant two months before start up of the
works. The manuals shall be divided into several volumes (e.g. function, operation,
maintenance, and overhaul) and shall fully and clearly set out the Contractor's own
recommendations and instructions for the satisfactory operation, maintenance and
overhaul of the Plant as applicable to each of the installations and devices supplied.
(5) Draft manuals shall, during the testing and commissioning of the Works, be carefully
checked by the Contractor and updated and modified to ensure that they are fully
descriptive and applicable to the final lay-out of plant and process under operational
conditions.
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(6) The draft manuals may include manufacturer's standard literature but the Contractor
shall fully supplement the literature by his own descriptive text, drawings, tables,
figures, characteristic curves and the like.
(7) The final approved manuals for the Works shall be submitted prior to the
commencement of the Period of Maintenance. They shall be securely bound in A4
sized loose-leaf binders, clearly titled, index linked and cross-referenced.
(8) If during the Period of Maintenance, the Contractor or the Engineer has found that the
manual should require modification or enlargement as a result of subsequent
operational and maintenance experience in the Works, the Contractor shall provide
the approved modification for each manual.
- The manuals shall include explanations of the function and purpose of each item supplied.
Tools and equipment shall be provided according to the specified technical requirements.
They shall be of approved quality and finish.
A.26 Gabions
All units shall consist of woven steel wire, mesh boxes, wire of size greater than 1.5
mm and be of the sizes stated on the Drawings or in the Bills of Quantities, and shall
have the following:
Mesh joints: all joints shall be flexible and consist of not less than one and one half
full turns.
Binding wire: 3.4 mm diameter selvedge shall be incorporated along the edges of the
wire mesh.
Stone Filling
Filling material shall be selected rock fill graded between 100 mm and 250 mm.
Prior to assembly, the units shall be opened out flat on the ground and stretched to
remove all kinks and bends. The units shall then be assembled individually, by
raising the sides, ends and diaphragms, ensuring that all creases are in the correct
Construction of Mubaale Piped Water Supply System
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position and that the tops of all four sides are even. The four corners shall be laced
first, followed by the edges of the internal diaphragms to the sides.
In all cases lacing shall commence at the top of the unit by twisting the end of the
lacing wire around the selvedge. It shall then be passed round the two edges being
joined, through each mesh in turn and securely tied off the bottom.
The end of all lacing wires shall be turned to inside of the unit on completion of each
lacing operation.
Only assembled units or groups of units shall be positioned in the structure. The side
or end from which work is to proceed shall be secured either to completed work, or by
rods or stakes driven into the ground at the corners. These shall be secured and reach
at least to the top of the unit. Further units shall then be positioned in the structures as
required, each being securely laced to the preceding one at all corners, and diaphragm
points.
Final stretching of gabion boxes shall be carried out using a wire strainer or winch of
at least one tonne capacity firmly secured to the free end of the assembled gabion
boxes which shall be securely laced along all edges (top, bottom and sides) and at
diaphragm points to all adjacent units).
Filling shall be carried out only whilst the units are under tension. Filling shall be
placed by hand to produce a net face and line, with a minimum of voids. Vertical
bracing wires at 500 mm horizontal centres shall be used in the top layer of unit.
These bracing wires shall be wrapped around two mesh wires and extend from top to
bottom, so positioned to ensure a neat face and line free of bulges and depressions on
completion to the satisfaction of the Project Manager.
Tension on the units shall be released only when sufficiently full to prevent the mesh
from slackening. Units shall be overfilled by 20 to 50 mm above their tops to allow
for subsequent settlement; 100 mm filling materials may be used for this purpose.
Closing and wiring down of lids shall proceed immediately after filling operations.
Lids shall be stretched tight over the filling with bars and wired down securely
through each mesh along all edges, ends and diaphragms. The end of all tying and
bracing shall be turned into the unit on completion of all lacing operations.
Particular care shall be exercised throughout construction to ensure tightness of mesh, well
packed stones with minimum of voids and secure lacing. The exposed faces of completed
work shall present a neat face and line free of bulges and depressions.
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SECTION 8 - DRAWINGS
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1. Definitions 86
2. Interpretation 88
3. Language and Law 89
4. Project Manager’s Decisions 89
5. Delegation 89
6. Notices 89
7. Subcontracting 89
8. Other Contractors 89
9. Personnel 89
10. Employer’s and Contractor’s Risks 90
11. Employer’s Risks 90
12. Contractor’s Risks 90
13. Insurance 90
14. Site Investigation Reports 91
15. Queries about the Special Conditions of Contract 91
16. Contractor to Construct the Works 91
17. Works to Be Completed by the Intended Completion Date 91
18. Approval by the Project Manager 91
19. Safety 92
20. Discoveries 92
21. Possession of the Site 92
22. Access to the Site 92
23. Instructions, Inspection and Audits 92
24. Disputes 92
25. Procedure for Disputes 92
26. Replacement of Adjudicator 93
B. TIME CONTROL 93
27. Program 93
28. Extension of the Intended Completion Date 93
29. Acceleration 93
30. Delays Ordered by the Project Manager 94
the Site.
(gg) “Temporary Works” are works designed, constructed, installed, and removed by
the Contractor that are needed for construction or installation of the Works.
(hh) A “Variation” is an instruction given by the Project Manager which varies the
Works.
(ii) The “Works” are what the Contract requires the Contractor to construct, install,
and turn over to the Employer, as defined in the SCC.
2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also means
female or neuter, and the other way around. Headings have no significance. Words have
their normal meaning under the language of the Contract unless specifically defined. The
Project Manager will provide instructions clarifying queries about these Conditions of
Contract.
2.2 These General Conditions of Contract shall apply in their entirety, except where
alternative options are specified for different types of contract. Where alternative options
are specified:
(a) Option 1 shall apply to Admeasurement Contracts; and
(b) Option 2 shall apply to Lump Sum Contracts.
2.3 For purposes of interpreting these Conditions of Contract, the type of contract is as
specified in the SCC.
2.4 If sectional completion is specified in the SCC, references in the Conditions of Contract
to the Works, the Completion Date, and the Intended Completion Date apply to any
Section of the Works (other than references to the Completion Date and Intended
Completion Date for the whole of the Works).
2.5 The documents forming the Contract shall be interpreted in the following order of
priority:
(1) Agreement,
(2) any Letter of Acceptance,
(3) Contractor’s Bid,
(4) Special Conditions of Contract,
(5) General Conditions of Contract,
(6) Specifications,
(7) Drawings,
(8) Bill of Quantities or Activity Schedule, as appropriate, and
(9) any other document listed in the SCC as forming part of the Contract.
3. Language and Law
3.1 The language of the Contract is English and the law governing the Contract is that of the
Republic of Uganda, unless otherwise specified in the SCC.
4. Project Manager’s Decisions
4.1 Except where otherwise specifically stated, the Project Manager will decide contractual
matters between the Employer and the Contractor in the role representing the Employer.
4.2 The Project Manager will obtain the Employer’s approval for any of the decisions
specified in the SCC.
5. Delegation
5.1 The Project Manager may delegate any of his duties and responsibilities to other people,
except to the Adjudicator, after notifying the Contractor in writing, and may cancel any
delegation after notifying the Contractor.
6. Notices
6.1 Any notice given by one party to the other pursuant to the Contract shall be in writing to
the address specified in the SCC. The term “in writing” means communicated in written
form with proof of receipt.
6.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is
later.
7. Subcontracting
7.1 Unless otherwise specified in the SCC, the Contractor may subcontract with the approval
of the Project Manager, but may not assign the Contract without the approval of the
Employer in writing. Subcontracting shall not alter the Contractor’s obligations.
7.2 Any further conditions relating to subcontracting shall be as specified in the SCC.
8. Other Contractors
8.1 The Contractor shall cooperate and share the Site with other contractors, public
authorities, utilities, and the Employer between the dates given in the Schedule of Other
Contractors, if such Schedule is specified in the SCC. The Contractor shall also provide
facilities and services for them as described in the Schedule. The Employer may modify
the Schedule of Other Contractors, and shall notify the Contractor of any such
modification.
9. Personnel
9.1 If the Schedule of Key Personnel is specified in the SCC, the Contractor shall employ the
key personnel named in the Schedule, or other personnel approved by the Project
Manager, to carry out the functions stated in the Schedule. The Project Manager will
approve any proposed replacement of key personnel only if their relevant qualifications
and abilities are substantially equal to or better than those of the personnel listed in the
Schedule.
9.2 If the Project Manager asks the Contractor to remove a person who is a member of the
Contractor’s staff or work force, stating the reasons, the Contractor shall ensure that the
person leaves the Site within seven days and has no further connection with the work in
the Contract.
26.1 Should the Adjudicator resign or die, or should the Employer and the Contractor agree
that the Adjudicator is not functioning in accordance with the provisions of the Contract,
a new Adjudicator will be jointly appointed by the Employer and the Contractor. In case
of disagreement between the Employer and the Contractor, within 30 days, the
Adjudicator shall be designated by the Appointing Authority designated in the SCC at the
request of either party, within 14 days of receipt of such request.
B. Time Control
27. Program
27.1 Within the time stated in the SCC, the Contractor shall submit to the Project Manager for
approval a Program showing the general methods, arrangements, order, and timing for all
the activities in the Works.
27.2 An update of the Program shall be a program showing the actual progress achieved on
each activity and the effect of the progress achieved on the timing of the remaining work,
including any changes to the sequence of the activities.
27.3 The Contractor shall submit to the Project Manager for approval an updated Program at
intervals no longer than the period stated in the SCC. If the Contractor does not submit an
updated Program within this period, the Project Manager may withhold the amount stated
in the SCC from the next payment certificate and continue to withhold this amount until
the next payment after the date on which the overdue Program has been submitted.
27.4 The Project Manager’s approval of the Program shall not alter the Contractor’s
obligations. The Contractor may revise the Program and submit it to the Project Manager
again at any time. A revised Program shall show the effect of Variations and
Compensation Events.
28. Extension of the Intended Completion Date
28.1 The Project Manager shall extend the Intended Completion Date if a Compensation Event
occurs or a Variation is issued which makes it impossible for Completion to be achieved
by the Intended Completion Date without the Contractor taking steps to accelerate the
remaining work, which would cause the Contractor to incur additional cost.
28.2 The Project Manager shall decide whether and by how much to extend the Intended
Completion Date within 21 days of the Contractor asking the Project Manager for a
decision upon the effect of a Compensation Event or Variation and submitting full
supporting information. If the Contractor has failed to give early warning of a delay or has
failed to cooperate in dealing with a delay, the delay by this failure shall not be
considered in assessing the new Intended Completion Date.
29. Acceleration
29.1 When the Employer wants the Contractor to finish before the Intended Completion Date,
the Project Manager will obtain priced proposals for achieving the necessary acceleration
from the Contractor. If the Employer accepts these proposals, the Intended Completion
Date will be adjusted accordingly and confirmed by both the Employer and the
Contractor.
29.2 If the Contractor’s priced proposals for an acceleration are accepted by the Employer,
they are incorporated in the Contract Price and treated as a Variation.
42.2 The Project Manager shall check the Contractor’s statement and certify the amount to be
paid to the Contractor.
42.3 The value of work executed shall be determined by the Project Manager.
42.4 The value of work executed shall comprise the value of:
(a) the quantities of the items in the Bill of Quantities completed for Admeasurement
Contracts; or
(b) completed (fully or partially) activities in the Activity Schedule for Lump Sum
contract activities.
42.5 The value of work executed shall include the valuation of Variations and Compensation
Events.
42.6 The Project Manager may exclude any item certified in a previous certificate or reduce
the proportion of any item previously certified in any certificate in the light of later
information.
43. Payments
43.1 Payments shall be adjusted for deductions for advance payments and retention. The
Employer shall pay the Contractor the amounts certified by the Project Manager within 30
days of the date of each certificate. If the Employer makes a late payment, the Contractor
shall be paid interest on the late payment in the next payment. Interest shall be calculated
from the date by which the payment should have been made up to the date when the late
payment is made at the prevailing rate of interest for commercial borrowing for each of
the currencies in which payments are made.
43.2 If an amount certified is increased in a later certificate or as a result of an award by the
Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed
payment as set out in this clause. Interest shall be calculated from the date upon which the
increased amount would have been certified in the absence of dispute.
43.3 Unless otherwise stated, all payments and deductions will be paid or charged in the
proportions of currencies comprising the Contract Price.
43.4 Items of the Works for which no rate or price has been entered in will not be paid for by
the Employer and shall be deemed covered by other rates and prices in the Contract.
44. Compensation Events
44.1 The following shall be Compensation Events:
(a) The Employer does not give access to a part of the Site by the Site Possession Date
stated in the SCC.
(b) The Employer modifies the Schedule of Other Contractors in a way that affects the
work of the Contractor under the Contract.
(c) The Project Manager orders a delay or does not issue Drawings, Specifications, or
instructions required for execution of the Works on time.
(d) The Project Manager instructs the Contractor to uncover or to carry out additional
tests upon work, which is then found to have no Defects.
(e) The Project Manager unreasonably does not approve a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been
assumed before issuance of the Letter of Acceptance or Agreement from the
information issued to bidders (including the Site Investigation Reports), from
information available publicly and from a visual inspection of the Site.
(g) The Project Manager gives an instruction for dealing with an unforeseen condition,
caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities, or the Employer does not work within
the dates and other constraints stated in the Contract, and they cause delay or extra
cost to the Contractor.
(i) The advance payment is delayed.
(j) The effects on the Contractor of any of the Employer’s Risks.
(k) The Project Manager unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events described in the SCC or determined by the Project
Manager shall apply.
44.2 If a Compensation Event would cause additional cost or would prevent the work being
completed before the Intended Completion Date, the Contract Price shall be increased
and/or the Intended Completion Date shall be extended. The Project Manager shall decide
whether and by how much the Contract Price shall be increased and whether and by how
much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the
Contractor’s forecast cost has been provided by the Contractor, it shall be assessed by the
Project Manager, and the Contract Price shall be adjusted accordingly. If the Contractor’s
forecast is deemed unreasonable, the Project Manager shall adjust the Contract Price
based on the Project Manager’s own forecast. The Project Manager will assume that the
Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer’s
interests are adversely affected by the Contractor’s not having given early warning or not
having cooperated with the Project Manager.
45. Tax
45.1 The Project Manager shall adjust the Contract Price if taxes, duties, and other levies are
changed between the date 28 days before the submission of bids for the Contract and the
date of the last Completion certificate. The adjustment shall be the change in the amount
of tax payable by the Contractor, provided such changes are not already reflected in the
Contract Price or are a result of Clause 47.
46. Currencies
46.1 Where payments are made in currencies other than Uganda Shillings, the exchange rates
used for calculating the amounts to be paid shall be the exchange rates stated in the
Contractor’s Bid.
47. Price Adjustment
47.1 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the
SCC. If so provided, the amounts certified in each payment certificate, before deducting
for Advance Payment, shall be adjusted by applying the respective price adjustment factor
to the payment amounts due in each currency. A separate formula of the type indicated
below applies to each Contract currency:
Pc = Ac + Bc Imc/Ioc
where:
Pc is the adjustment factor for the portion of the Contract Price payable in a specific currency
“c”.
Ac and Bc are coefficients specified in the SCC, the sum of which is 1, representing the
nonadjustable and adjustable portions, respectively, of the Contract Price payable in that
specific currency “c”; and
Imc is the index prevailing at the end of the month being invoiced and Ioc is the index
prevailing 28 days before Bid opening for inputs payable; both in the specific currency
“c”.
47.2 If the value of the index is changed after it has been used in a calculation, the calculation
shall be corrected and an adjustment made in the next payment certificate. The index
value shall be deemed to take account of all changes in cost due to fluctuations in costs.
48. Retention
48.1 If so stated in the SCC, the Employer shall retain from each payment due to the
Contractor the proportion stated in the SCC until Completion of the whole of the Works.
48.2 On completion of the whole of the Works, half the total amount retained shall be repaid to
the Contractor and half when the Defects Liability Period has passed and the Project
Manager has certified that all Defects notified by the Project Manager to the Contractor
before the end of this period have been corrected.
48.3 On completion of the whole Works, the Contractor may substitute retention money with
an “on demand” Bank guarantee.
49. Liquidated Damages
49.1 If so stated in the SCC, the Contractor shall pay liquidated damages to the Employer at
the rate per day stated in the SCC for each day that the Completion Date is later than the
Intended Completion Date. The total amount of liquidated damages shall not exceed the
amount defined in the SCC. The Employer may deduct liquidated damages from
payments due to the Contractor. Payment of liquidated damages shall not affect the
Contractor’s liabilities.
49.2 If the Intended Completion Date is extended after liquidated damages have been paid, the
Project Manager shall correct any overpayment of liquidated damages by the Contractor
by adjusting the next payment certificate. The Contractor shall be paid interest on the
overpayment, calculated from the date of payment to the date of repayment, at the rates
specified in Sub-Clause 43.1.
50. Bonus
50.1 If so stated in the SCC, the Contractor shall be paid a Bonus calculated at the rate per
calendar day stated in the SCC for each day (less any days for which the Contractor is
paid for acceleration) that the Completion is earlier than the Intended Completion Date.
The Completion Date shall be certified in accordance with GCC 55.1.
51. Advance Payment
51.1 If so stated in the SCC, the Employer shall make advance payment to the Contractor of
the amounts stated in the SCC within the period stated in the SCC, against provision by
the Contractor of an on demand Bank Security in a form and by a bank acceptable to the
Employer in amounts and currencies equal to the advance payment. The Guarantee shall
remain effective until the advance payment has been repaid, but the amount of the
Guarantee shall be progressively reduced by the amounts repaid by the Contractor.
Interest will not be charged on the advance payment.
51.2 The Contractor is to use the advance payment only to pay for Equipment, Plant,
Materials, and mobilisation expenses required specifically for execution of the Contract.
The Contractor shall demonstrate that advance payment has been used in this way by
supplying copies of invoices or other documents to the Project Manager.
51.3 The advance payment shall be repaid by deducting proportionate amounts from payments
otherwise due to the Contractor, as specified in the SCC, following the schedule of
completed percentages of the Works on a payment basis. No account shall be taken of the
advance payment or its repayment in assessing valuations of work done, Variations, price
adjustments, Compensation Events, Bonuses, or Liquidated Damages.
52. Performance Security
52.1 If so stated in the SCC, the Contractor shall, within twenty-eight (28) days of the
notification of contract award, provide a Performance Security for the due performance of
the Contract. The Performance Security shall be in the amount specified in the SCC and shall
be denominated in the types and proportions of the currencies in which the Contract Price is
payable.
52.2 The proceeds of the Performance Security shall be payable to the Employer as compensation for
any loss resulting from the Contractor’s failure to complete its obligations under the Contract.
52.3 The Performance Security shall be in one of the forms stipulated by the Employer in the
SCC, or in another form acceptable to the Employer and shall be issued by a bank or surety
acceptable to the Employer.
52.4 The Performance Security shall be valid until a date 28 days from the date of issue of the
Certificate of Completion in the case of a Bank Guarantee.
53. Dayworks
53.1 If applicable, the Dayworks rates in the Contractor’s Bid shall be used for small
additional amounts of work only when the Project Manager has given written instructions
in advance for additional work to be paid for in that way.
53.2 All work to be paid for as Dayworks shall be recorded by the Contractor on forms
approved by the Project Manager. Each completed form shall be verified and signed by
the Project Manager within two days of the work being done.
53.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms.
54. Cost of Repairs
54.1 Loss or damage to the Works or Materials to be incorporated in the Works between the
Start Date and the end of the Defects Correction periods shall be remedied by the
Contractor at the Contractor’s cost if the loss or damage arises from the Contractor’s acts
or omissions.
E. Finishing the Contract
55. Completion
55.1 The Contractor shall request the Project Manager to issue a certificate of Completion of
the Works, and the Project Manager will do so upon deciding that the work is completed.
56. Taking Over
56.1 The Employer shall take over the Site and the Works within seven days of the Project
Manager’s issuing a certificate of Completion.
57. Final Account
57.1 The Contractor shall supply the Project Manager with a detailed account of the total
amount that the Contractor considers payable under the Contract before the end of the
Defects Liability Period. The Project Manager shall issue a Defects Liability Certificate
and certify any final payment that is due to the Contractor within 56 days of receiving the
Contractor’s account if it is correct and complete. If it is not, the Project Manager shall
issue within 56 days a schedule that states the scope of the corrections or additions that
are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the
Project Manager shall decide on the amount payable to the Contractor and issue a
payment certificate.
58. Operating and Maintenance Manuals
58.1 If “as built” Drawings and/or operating and maintenance manuals are required, the
Contractor shall supply them by the dates stated in the SCC.
58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the
SCC, or they do not receive the Project Manager’s approval, the Project Manager shall
withhold the amount stated in the SCC from payments due to the Contractor.
59. Termination
59.1 The Employer or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
59.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following:
(a) the Contractor stops work for 28 days when no stoppage of work is shown on the
current Program and the stoppage has not been authorised by the Project Manager;
(b) the Project Manager instructs the Contractor to delay the progress of the Works,
and the instruction is not withdrawn within 28 days;
(c) the Employer or the Contractor is made bankrupt or goes into liquidation other than
for a reconstruction or amalgamation;
(d) a payment certified by the Project Manager is not paid by the Employer to the
Contractor within 84 days of the date of the Project Manager’s certificate;
(e) the Project Manager gives Notice that failure to correct a particular Defect is a
fundamental breach of Contract and the Contractor fails to correct it within a
reasonable period of time determined by the Project Manager;
(f) the Contractor does not maintain a Security, which is required; and
(g) the rate of progress of the Works at any time during the period of the Contract is
such that the completion of the Works will, as measured against the current
Program, be delayed by the number of days for which the maximum amount of
liquidated damages can be imposed.
(h) if the Contractor in the judgement of the Employer has engaged in corrupt or
fraudulent practices in competing for or in the executing the contract.
For the purposes of this paragraph:
(a) “corrupt practice” means offering, giving, receiving or soliciting of anything of
value to influence the action of a public official in the procurement process or in a
contract execution; and
(b) “fraudulent practices” means a misrepresentation of facts in order to influence a
procurement processor the execution of a contract to the detriment of the
Government, and includes collusive practice among Bidders (prior to or after bid
submission) designed to establish bid prices at artificial non-competitive levels and
to deprive the Government of the benefits of free and open competition.
59.3 When either party to the Contract gives notice of a breach of Contract to the Project
Manager for a cause other than those listed under Sub-Clause 59.2 above, the Project
Manager shall decide whether the breach is fundamental or not.
59.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
59.5 If the Contract is terminated, the Contractor shall stop work immediately, make the Site
safe and secure, and leave the Site as soon as reasonably possible.
60. Payment upon Termination
60.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Project Manager shall issue a certificate for the value of the work done
and Materials ordered less advance payments received up to the date of the issue of the
certificate and less the percentage to apply to the value of the work not completed, as
indicated in the SCC. Additional Liquidated Damages shall not apply. If the total amount
due to the Employer exceeds any payment due to the Contractor, the difference shall be a
debt payable to the Employer.
60.2 If the Contract is terminated for the Employer’s convenience or because of a fundamental
breach of Contract by the Employer, the Project Manager shall issue a certificate for the
value of the work done, Materials ordered, the reasonable cost of removal of Equipment,
repatriation of the Contractor’s personnel employed solely on the Works, and the
Contractor’s costs of protecting and securing the Works, and less advance payments
received up to the date of the certificate.
61. Property
61.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be
deemed to be the property of the Employer if the Contract is terminated due to the
Contractor’s default.
62. Release from Performance
62.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside
the control of either the Employer or the Contractor, the Project Manager shall certify that
the Contract has been frustrated. The Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and shall be paid for all work carried out
before receiving it and for any work carried out afterwards to which a commitment was
made.
GCC 1.1(y)
The Employer is: Buvuma District Local Government
The Project Manager is: District Water Officer
GCC 1.1(bb) The Sites are located at in Mubaale on Bugaya Island, in Buvuma District and as
defined in the Drawings
GCC 1.1(ee) The Start Date shall be: Communicated in a commencement letter after receipt of the
Contractor’s acceptance letter.
Attention:
GCC Clause
Reference Special Conditions
Street Address:
Floor/Room number:
Town/City:
Postal Code/PO Box:
Country:
GCC Clause
Reference Special Conditions
payment request.
GCC 44.1(l) The following events shall also be Compensation Events: None
GCC 47.1 The Contract is not subject to price adjustment. Therefore the clause is not applicable. .
GCC 47.1 The Index I for local currency will be: None
The Index I for the specified international currency will be: None
The Index I for currencies other than the local currency and the specified international
currency will be: None
GCC 48.1 The proportion of payments retained is 10 percent
GCC 49.1 The liquidated damages for the whole of the Works are 0.1 per day.
The maximum amount of liquidated damages for the whole of the Works is ten percent
(10%) of the final Contract Price.
GCC 50.1 The Bonus for the whole of the Works is Not Applicable
GCC 51.1 The Advance Payment will be equivalent to 20% of the contract sum and will be paid in
the same currencies and proportions as the Contract Price.
It will be paid to the Contractor within 90days after Employer’s receipt of the payment
request and a security in form of an Unconditional Bank Guarantee of the type
presented in the Bidding Documents.
GCC 51.3 The Advance Payment will be repaid pro rata based on the value of works done with
respect to 95% of the contract price, starting with the third certificate and 100% at the
penultimate certificate.
GCC 52.1 The Performance Security shall be for the following minimum amounts equivalent as a
percentage of the Contract Price:
(a) Bank Guarantee (Unconditional) 10%.
(b) Performance Bond 30%
The standard form(s) of Performance Security acceptable to the Employer shall be of the
type presented in the Bidding Documents.
GCC 52.3 The standard form of Performance Security acceptable to the Employer shall be in the
format presented in Section 9 of the Bidding Documents.
GCC 58.1 The date by which “as built” drawings are required is: within 4 weeks of completion of
works
The date by which operating and maintenance manuals are required is: within 4 weeks of
completion of works
GCC 58.2 The amount to be withheld for failing to produce “as built” drawings and/or operating
and maintenance manuals by the date required is the 50% of retention due for
payment after substantial completion.
GCC 60.1 The percentage to apply to the value of the work not completed, representing the
Employer’s additional cost for completing the Works, is: to be calculated at site
including liquidated damages and performance security to be forfeited.
Table of Forms
AGREEMENT 110
Agreement
Procurement Reference No: ------------------------------
PERFORMANCE SECURITY
Date: [insert date (as day, month and year) of Performance Security]
Procurement Reference No: [insert Procurement Reference Number]
To: [insert complete name and address of Employer]
WHEREAS [insert name and address of Contractor] (hereinafter called “the Contractor”) has
undertaken, pursuant to the Contract referenced above, dated [insert date (as day, month and year) of
contract] to execute [insert brief description of Works] (hereinafter called “the Contract”);
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish
you with a security issued by a reputable guarantor for the sum specified therein as security for
compliance with the Contractor’s obligations in accordance with the Contract;
AND WHEREAS the undersigned [insert complete name of Guarantor], legally domiciled in [insert
complete address of Guarantor], (hereinafter the “Guarantor”}, have agreed to give the Contractor a
security;
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the
Contractor, up to a total of [insert currency and amount of Guarantee in words and figures], such
sum being payable in the types and proportions of currencies in which the Contract Price is payable,
and we undertake to pay you, upon your first written demand declaring the Contractor to be in default
under the Contract, without cavil or argument, any sum or sums within the limits of [insert currency
and amount of Guarantee in words and figures] as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before presenting
us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract or of
the Works to be performed hereunder or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this Guarantee,
and we hereby waive notice of any such change, addition, or modification.
This Guarantee shall be valid until a date 28 days from the date of issue of the Certificate of
Completion.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458,
except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
Signed: [signature of person whose name and capacity are shown above]
Duly authorised to sign the Performance Security for and on behalf of: [insert complete name of
Financial Institution]
Dated on _______ day of __________________, _______ [insert date of signing]
[The Advance Payment Security should be on the letterhead of the issuing Financial Institution and
should be signed by a person with the proper authority to sign documents that are binding on the
Financial Institution. The amount of the security is to be inserted by the Financial Institution and
must represent the amount of the Advance Payment and be denominated either in the currency(ies) of
the Advance Payment as specified in the Contract, or in a freely convertible currency acceptable to
the Employer].
Date: [insert date (as day, month, and year) of Payment Security]
Procurement Reference No.: [insert Procurement Reference Number]
To: [insert complete name and address of Employer]
In accordance with the payment provision included in the Contract referenced above, in relation to
advance payments, [insert complete name and address of Contractor] (hereinafter called “the
Contractor”) shall deposit with the Employer a Bank Guarantee to guarantee its proper and faithful
performance of the obligations imposed by said Clause of the Contract, in the amount of [insert
currency and amount of guarantee in words and figures].
We, the undersigned [insert complete name of Guarantor], legally domiciled in [insert full address of
Guarantor] (hereinafter “the Guarantor”), as instructed by the Contractor, agree unconditionally and
irrevocably to guarantee as primary obligator and not as surety merely, the payment to the Employer
on its first demand without whatsoever right of objection on our part and without its first claim to the
Contractor, in the amount not exceeding [insert currency and amount of guarantee in words and
figures].
We further agree that no change or addition to or other modification of the terms of the Contract or of
the Works to be performed hereunder or of any of the Contract documents which may be made
between the Employer and the Contractor, shall in any way release us from any liability under this
Guarantee, and we hereby waive notice of any such change, addition, or modification.
This Guarantee shall remain valid and in full effect from the date of the advance payment under the
Contract until the Employer receives full repayment of the same amount from the Contractor.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.
Signed: [signature of person whose name and capacity are shown above]
Duly authorised to sign the Payment Security for and on behalf of: [insert complete name of the
Financial Institution]
Dated on _______ day of __________________, _______ [insert date of signing