Bidding Document For Compita Security+

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DEVELOPMENT BANK OF ETHIOPIA

Bidding Document (SBD) For the Procurement of Non-


Consultancy Services

National Competitive Biddings (NCB)

Procurement Reference DBE/NCB/TS/02/2020/21


Number:

Project Name: Training on CompTIA Security+

Date of Issue of Bidding March, 2021


Document:

Addis Ababa, Ethiopia


Development Bank of Ethiopia

Bidding Document
Table of Contents

Part 1 Bidding Procedures I


Section 1. Instructions to Bidders I
Section 2. Bid Data Sheet II
Section 3. Evaluation Methodology and Criteria III
Section 4. Bidding Forms IV
Part 2 Schedule of Requirement VI
Section 2. Terms of Reference VI
Part 3 Contract VII
Section 3. General Conditions of Contract VII
Section 4. Special Conditions of Contract VIII
Section 5. Contract Forms IX

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Part 1: Bidding Procedures Section 1: Instructions to Bidders

Part 1 Bidding Procedures


Section 1. Instructions to Bidders
Table of Clauses
A. General 1
1. Introduction 1
2. Source of Funds 1
3. Fraud, Corruption and Complaints Provisions 2
4. Eligible Bidders 3
5. Qualification of Bidder 4
B. Contents of Bidding Document 4
6. Bidding Document 4
7. Written Questions / Clarification of Bidding Documents 5
8. Modification to Bidding Documents 5
9. Pre-Bid Conference and Site Visit 6
C. Preparation of Bids 6
10. Cost of Bidding 6
11. Language of Bid 6
12. Bid Prices and Discounts 6
13. Currencies of Bid and Payment 7
14. Professional Qualifications and Capability of the Bidder 7
15. Financial Standing of the Bidder 8
16. Technical Qualifications, Competence, and Experience of the Bidder 8
17. Joint Venture or Consortium 9
18. Alternative Bids 9
19. Period of Validity of Bids 9
20. Bid Security 10
21. Documents Comprising the Bid 11
22. Format and Signing of Bid 12
D. Submission and Opening of Bids 12
23. Sealing and Marking of Bids 12
24. Deadline for Submission of Bids 12
25. Late Bids 13
26. Withdrawal, Substitution, and Modification of Bids 13
27. Bid Opening 13
E. Evaluation and Comparison of Bids 14

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28. Confidentiality 14
29. Clarification of Bids 14
30. Responsiveness of Bids 14
31. Nonconformities and Omissions 15
32. Dubious price quotations and errors in calculation 15
33. Margin of Preference 16
34. Preliminary Examination of Bids 16
35. Legal, Professional, Technical, and Financial Admissibility of Bids 16
36. Evaluation of Bids 18
37. Comparison of Bids 19
38. Post-qualification Evaluation 19
39. Acceptance or Rejection of Bids 19
40. Re-advertising bids 19
F. Award of Contract 19
41. Award Criteria 19
42. Right to Vary Quantities at Time of Award 20
43. Announcing and Awarding of the Successful Bidder 20
44. Signing of Contract 20
45. Performance Security 20

SBD-Non-ConsultancyServices(NCB)- Prepared by the FPPA (Version 1, April 2011)


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Section I. Instructions to Bidders


A. General
1. Introduction
1.1 The Bank indicated in the Bid Data Sheet (BDS) is the Contracting Authority for this
procurement process and it is bound by the rules governing public procurement in the Federal
Democratic Republic of Ethiopia. It has the powers and duties to conclude a Contract for the
provision of Services. Accordingly, this procurement process is being conducted in accordance
with the recent editions of the Ethiopian Federal Government Procurement and Property
Administration Proclamation and Public Procurement Directive under the procurement method
indicated in the BDS.
1.2 By the issue of this Bidding Document the Bank invites interested Candidates to submit their
bids with a view to entering into Contract with The Bank for the provision of Services which
general description is provided in the BDS. The Services that are subject of this procurement
process are more particularly specified in Section 6, Schedule of Requirement upon the basis of
the information supplied in and in accordance with this Bidding Document.
1.3 The procurement reference number and number of lots of this Bidding Document are provided
in the BDS. If Bids are being invited for individual contracts (lots) the Bidder may submit a Bid
for one lot only, several or all of the lots. Each lot will form a separate contract and the
quantities indicated for different lots will be indivisible. The Bidder must offer the whole of the
quantity or quantities indicated for each lot.
1.4 Each Bidder may only submit one Bid, either individually or as a partner in joint venture. 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 disqualified.
1.5 This Section 1, Instructions to Bidders shall not form a part of the Contract. These instructions
are intended to assist prospective Bidders in the preparation of their Bids.
1.6 Issuance of this Bidding Document does not in any way obligate The Bank to award a Contract.
1.7 The Bank retains ownership of all bids submitted in response to this Bidding Document.
Consequently, Bidders have no right to have their bids returned to them except late bids.
1.8 In submitting a bid, the Bidder accepts in full and without restriction this Bidding Document as
the sole basis of this procurement procedure, whatever his own conditions of sale may be,
which he hereby waives. Bidders are expected to examine carefully and comply with all
instructions, forms, contract provisions and schedule of requirements contained in this Bidding
Document. Failure to submit a bid containing all the required information and documentation
within the deadline specified may lead to the rejection of the bid. No account can be taken of
any reservation in the bid as regards the Bidding Document; any reservation will result in the
immediate rejection of the bid without further evaluation.
1.9 The permitted method of communication shall be in writing.Through out these Bidding
Documents the term "in writing" means communicated in written form and delivered against
receipt.
2. Source of Funds
2.1 The Bank has an approved budget toward the cost of the procurement described in the Section
6, Schedule of Requirement. The Bank intends to use these funds to place a Contract for which

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these Bidding Documents are issued.

2.2 Payments will be made directly by The Bank and will be subject in all respects to the terms and
conditions of the resulting Contract placed by The Bank.
3. Fraud, Corruption and Complaints Provisions
3.1 The Government of the Federal Democratic Republic of Ethiopia (herein after called the
Government) represented by the Public Procurement and Property Administration
Agency(herein after called the Agency) requires Contracting Authorities, as well as bidders to
observe the highest standards of ethics during the procurement and the execution of contracts.
In pursuance of this policy, the Government:
(a). Defines, for the purposes of this provision, the terms set forth below as follows:
(i) “Corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly,
of anything of value to influence improperly the action of a public official in the
procurement process or in contract execution;
(ii) “Fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or
other benefit or to avoid an obligation;
(iii) “Collusive practices” is a scheme or arrangement between two or more Bidders, with
or without the knowledge of The Bank, designed to establish prices at artificial, non-
competitive levels; and
(iv) “Coercive practices” is harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in a procurement process, or affect the
execution of a contract.
(v) Obstructive practice is
 deliberately destroying, falsifying, altering or concealing of evidence material to
the investigation or making false statements to investigators in order to materially
impede the Federal Ethics and Anticorruption Commission, the Federal Auditor
General and the Public Procurement and Property Administration Agency or their
auditors investigation into allegations of a corrupt, fraudulent, coercive or collusive
practice; and/or threatening, harassing or intimidating any party to prevent their
from disclosing their knowledge of matters relevant to the investigation or from
pursuing the investigation, or
 acts intended to materially impede the exercise of inspection and audit rights
provided for under ITB Clause 3.5 below.
(b). Will reject a recommendation for award if it determines that the Bidder recommended for award
has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive
practices in competing for the contract in question;
(c). Will debar a Bidder from participation in public procurement for a specified period of time if it at
any time determines the Bidder has engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices in competing for, or in executing, a contract. The List of Debarred Bidders is
available on the Agency's Website http//www.ppa.gov.et.
3.2 In pursuit of the policy defined in ITB Sub-Clause 3.1, The Bank may terminate a contract for
Services if it at any time determines that corrupt or fraudulent practices were engaged in by
representatives of The Bank or of a Bidder during the procurement or the execution of that
contract.
3.3 Where it is proved that the bidder has given or has offered to give inducement or bribe to an

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official or procurement staff of The Bank to influence the result of the bid in his favor shall be
disqualified from the bid, prohibited from participating in any future public procurement and
the bid security deposited by them shall be forfeited.

3.4 Bidders are required to indicate their acceptance of the provisions on fraud and corruption, as
defined in this clause through the statement in the Bid Submission Sheet.

3.5 The Agency will have the right to require to inspect the Supplier accounts and records relating
to the performance of the contract and to have them audited by auditors appointed by the
Agency.

3.6 Subject to the recent editions of the Public Procurement Proclamation and Procurement
Directive, a candidate or a bidder aggrieved or is likely to be aggrieved on account of The Bank
inviting a bid not complying with the provisions of the Proclamation or Procurement Directive
in conducting a bid proceeding may present complaint to the head of The Bank to have the bid
proceeding reviewed or investigated. Any complaint must be submitted in writing to the head of
The Bank, within five working days from the date the Bidder knew, or should have known, of
the circumstances giving rise to the complaint. If the head of The Bank does not issue a decision
within ten working days after submission of complaint, or the candidate or the Bidder is not
satisfied with the decision, it may submit a complaint to the Board within five working days
from the date on which the decision has been or should have been communicated to the
candidate or the Bidder by The Bank. The Board's decision is binding for both parties.
4. Eligible Bidders
4.1 A Bidder may be a natural person, private, public or government-owned legal entity, subject to
ITB Sub-Clause 4.5, 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 (JV), consortium, or association.
In the case of a Joint Venture, consortium, or association:
(a). All parties to the Joint Venture, consortium or association shall be jointly and severally
liable, unless otherwise specified in the BDS; and
(b). A Joint Venture, consortium or association shall nominate a Representative who shall have
the authority to conduct all businesses for and on behalf of any and all the parties of the
Joint Venture, consortium or association during the bidding process and, in the event the
Joint Venture, consortium or association is awarded the Contract, during contract
execution.
4.2 This Invitation for Bids is opens to all Bidders (including all members of a joint venture, sub-
contractors and personnel) from eligible source countries as defined in 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 including related services.

4.3 A Bidder 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). Are or have been associated in the past, directly or indirectly, with a firm or any of its
affiliates which have been engaged by The Bank to provide consulting services for the
preparation of the Terms of Reference, and any other documents to be used for the
procurement of the Services to be purchased under this Bidding Document;

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(b). 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 Bank regarding this bidding process; or
(c). Submit more than one bid in this bidding process.
4.4 A Bidder that has been debarred from participating in public procurement in accordance with
ITB Clause 3.1 (c), at the date of the deadline for bid submission or thereafter, shall be
disqualified.

4.5 Government-owned enterprises shall be eligible if they can establish that they are legally and
financially autonomous and operate under commercial law and that they are not a dependent
agency of The Bank.

4.6 Unless otherwise specified in the BDS, Bidders shall provide such evidence of their eligibility
satisfactory to The Bank, to verify that the Bidder:
(a). Is not insolvent, in receivership, bankrupt or being wound up, not have had their business
activities suspended and not be the subject of legal proceedings for any of the foregoing
(b). Appropriate documentary evidence demonstrating its compliance, which shall include:
(i) Valid business license indicating the stream of business in which the Bidder is
engaged,
(ii) VAT registration certificate issued by the tax authority (only domestic Bidders in case
of contract value as specified in BDS),
(iii) Valid Tax clearance certificate issued by the tax authority (domestic Bidders only);
(iv) Relevant professional practice certificate, if required in BDS.
(c). Foreign bidders must as appropriate submit business organization registration certificate or
trade license issued by the country of establishment.
4.7 To participate in this public procurement process, being registered in the suppliers list is a
prerequisite (mandatory for domestic Bidders only).
(a). Candidates desiring to participate in public procurement shall have to register themselves
using the form made available for this purpose in the website of the Public Procurement
and Property Administration Agency.
4.8 Bidders shall provide such evidence of their continued eligibility satisfactory to The Bank, as
The Bank shall reasonably request in BDS.
5. Qualification of Bidder
5.1 The qualifications of the Bidder will be assessed in accordance with ITB Clause 35.

5.2 Only bids from qualified Bidders will be considered for award of Contract.

B. Contents of Bidding Document


6. Bidding Document
6.1 The Bidding Document consist of Parts 1, 2, and 3, which include all the Sections indicated
below, and should be read in conjunction with any Addenda issued in accordance with ITB
Clause 8.
Part 1 Bidding Procedures

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 Section 1 Instructions to Bidders (ITB)


 Section 2 Bid Data Sheet (BDS)
 Section 3 Evaluation Methodology and Criteria
 Section 4 Bidding Forms
 Section 5 Eligible Countries
Part 2 Schedule of Requirements
 Section 6 Terms of Reference
Part 3 Contract
 Section 7 General Conditions of Contract (GCC)
 Section 8 Special Conditions of Contract (SCC)
 Section 9 Contract Forms
6.2 The Invitation to Bid is not part of the Bidding Document. In case of discrepancies between the
Invitation to Bid and the Bidding Documents listed in ITB Clause 6.1 above, said Bidding
Documents will take precedence.

6.3 The Bank is not responsible for the incompleteness of the Bidding Documents and their
addenda, if they were not obtained directly from The Bank. Bidders who did not obtain the
Bidding Document directly from The Bank will be rejected during evaluation. Where a Bidding
Document is obtained from The Bank on a Bidder’s behalf, the Bidder’s name must be
registered with The Bank at the time of sale and issue.

6.4 The Bidder is expected to examine all instructions, forms, terms, and schedule of requirements
in the Bidding Documents. Failure to furnish all information or documentation required by the
Bidding Documents may result in the rejection of the bid.
7. Written Questions / Clarification of Bidding Documents
7.1 A prospective Bidder requiring any clarification of the Bidding Documents shall contact The
Bank in writing at The Bank’s address indicated in the BDS. The Bank will respond in writing
to any request for clarification, provided that such request is received no later than ten (10) days
prior to the deadline for submission of bids. The Bank shall forward copies of its response to all
Bidders who have acquired the Bidding Documents directly from it, including a description of
the inquiry but without reference to the identity of the prospective Bidder initiating the request.
Should The Bank deem it necessary to amend the Bidding Documents as a result of a
clarification, it shall do so following the procedure under ITB Clause 8 and Sub-Clause 24.2.
7.2 Only the written responses will be considered official and carry weight in this procurement
process and subsequent evaluation. Any answers received outside the official channels, whether
received verbally or in writing, from employees or representatives of The Bank, or any other
party, shall not be considered official responses to questions regarding this Bidding Document.
8. Modification to Bidding Documents
8.1 Where Public Body finds it necessary to introduce modification to the Bidding Document on its
initiative or on the basis of request for clarification by prospective Bidder, The Bank may
modify the Bidding Document at any time prior to the deadline for submission of bids.
8.2 Any alteration to the content of the Bidding Document shall at the same time be communicated
in the form of an amendment to all prospective Bidders who purchased the bidding document
and will be binding on them. Bidders are required to immediately acknowledge receipt of any such
amendment, and it will be assumed that the information contained in the amendment will have

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been taken into account by the Bidder in its Bid.


8.3 The Bank may, at its discretion, extend the closing date for submission of bids where it
modifies a bidding document as per Clause8.1 above, if it is assumed that the time remaining
before the closing date is not sufficient for bidders to prepare adjusted Bid Documents on the
basis of such modification.
9. Pre-Bid Conference and Site Visit
9.1 If The Bank deems it to be appropriate, it may hold a Pre-Bid Conference for prospective
bidders who purchased a Bidding Document for clarification and discussion on the Bidding
Document or modification thereto. The Bank may also organize a site visit or visits
concurrently with the Pre-Bid Conference to allow Bidders to visit and examine the site or sites
and obtain for itself, at its own responsibility and risk, all information that may be necessary for
preparing the bid and entering into the Contract. The costs of visiting the site or sites shall be at
the Bidder’s own expense.
9.2 The Bank shall give written notice to all bidders who purchased a bidding document to attend
the Pre-Bid Conference and to gain access to the relevant site or sites. Notice will include time,
date, and address where Pre-Bid Conference and site visits will be organized.
9.3 The Bank shall welcome all prospective bidders to attend this Pre-Bid Conference and site
visits. To give all prospective bidders the opportunity to participate in the pre-bid conference,
prospective bidders are limited to sending two representatives to Pre-Bid Conference and site
visits. All the costs of attending this conference will be borne by the prospective bidders.
9.4 The Bank invites all prospective bidders to submit their questions / request for clarification by
time and date and to the address indicated in BDS.

9.5 The Pre-Bid Conference shall be minuted. Copies of the minute shall be delivered to all
prospective bidders who purchased the Bidding Document to enable them prepare their bid
documents by incorporating the content of clarification or modification.

C. Preparation of Bids
10. Cost of Bidding
10.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid, and
The Bank shall not be responsible or liable for those costs, regardless of the conduct or outcome
of the bidding process.
11. Language of Bid
11.1 The Bid, as well as all correspondence and documents relating to the bid exchanged by the
Bidder and The Bank, shall be written in the language specified in the BDS.
11.2 Bids and supporting documents of Bidders prepared in a language other than language of bid
shall have to be translated by a legally competent interpreter into language of bid and a copy of
the translation has to be submitted together with the original documents, especially where such
documents pertain to the fundamental elements of the bid.
11.3 If The Bank detects discrepancy between language of the original document and the translated
version, it shall reject the documents unless such discrepancy constitutes minor deviation from
the requirement stated in the Bidding Document.
12. Bid Prices and Discounts
12.1 The prices and discounts quoted by the Bidder in the Bid Submission Sheet and in the Price

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Schedule (forms furnished in Section 4, Bidding Forms) shall conform to the requirements
specified below.

12.2 All items in the Section 6, Schedule of Requirements must be listed and priced separately in the
Price Schedule. If a Price Schedule shows items listed but not priced, their prices shall be
assumed to be included in the prices of other items. Items not listed in the Price Schedule shall
be assumed to be not included in the Bid, and provided that the Bid is substantially responsive,
the corresponding adjustment shall be applied in accordance with ITB Sub-Clause 31.3.

12.3 The price to be quoted in the Bid Submission Sheet shall be the total price of the Bid including
taxes, excluding any conditional discounts offered.

12.4 The Bidder offering conditional discounts shall indicate the methodology for their application in
the Bid Submission Sheet.

12.5 The Incoterms and other similar terms shall be governed by the rules prescribed in the current
edition of Incoterms, published by The International Chamber of Commerce, at the date of the
Invitation for Bids or as specified in the BDS.

12.6 Prices quoted by the Bidder shall be fixed during the validity period of the Bid and throughout
the Bidder's performance of the Contract and not subject to variation on any account. Bids
submitted that are subject to price adjustment will be rejected.

12.7 If so indicated in BDS Sub-Clause 1.3,bids are being invited for individual contracts (lots) or
for any combination of contracts (packages). Unless otherwise indicated in the BDS, prices
quoted shall correspond to 100 % of the items specified for each lot and to 100% of the
quantities specified for each item of a lot. Bidders wishing to offer any price reduction for the
award of more than one Contract shall specify in their bid the price reductions applicable to
each package or, alternatively, to individual Contracts within the package. Price reductions shall
be submitted in accordance with ITB Sub-Clause 12.4and clearly indicated for each lot in such
a way that it can be announced during the public Bid opening session.
12.8 Where a foreign Bidder uses local inputs to satisfy the required object of procurement under the
contract, the portion of the total contract price representing such local expenditure shall be
expressed in ETB in the Price Schedule of the Bidder.
13. Currencies of Bid and Payment
13.1 For those inputs to the Non-Consultancy Services which the Bidder expects to provide from
within Ethiopia, the prices shall be quoted in the Ethiopian Birr, unless otherwise specified in
the BDS.
13.2 For those inputs to the Non-Consultancy Services which the Bidder expects to provide from
outside Ethiopia, the prices shall be quoted in the freely convertible currency. If the Bidder
wishes to be paid in a combination of amounts in different currencies, it may quote its price
accordingly but use no more than three currencies different from Ethiopian Birr.
14. Professional Qualifications and Capability of the Bidder
14.1 If required, in order to proof their professional qualifications and capability Bidders must
provide their team skills matrix and personnel statistics for the period specified in the BDS by
completing relevant tables in the form entitled Bidders Certification of Compliance furnished in
Section 4, Bidding Forms.

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14.2 For key individuals who actually will be performing the activities described in the Bidding
Document, Bidder must provide resumes that identify years of experience, relevant project
implementation experience, and relevant education and training.
14.3 Bidders must provide references for the proposed personnel, ensuring that references provided
will be available to be contacted during the evaluation timeframe for this Bidding Document.
15. Financial Standing of the Bidder
15.1 If required in BDS, in order to proof that it has adequate financial resources to manage this
Contract the bidder must present its financial data by completing relevant table in the form
entitled Bidders Certification of Compliance that is furnished in Section 4, Bidding Forms.
15.2 Along with the proof referred to in Clause 15.1 the documents that are required as proof of the
bidder's financial standing are the following:
(a). Financial statements certified by an independent auditor;
(b). Other documents as stated in the BDS.
16. Technical Qualifications, Competence, and Experience of the Bidder
16.1 The Bidder must present a description of its company and organization, with appropriate
reference to any parent company and subsidiaries. The Bidder shall also include details
demonstrating the Bidder’s experience and ability in providing the Services listed in Section 6,
Schedule of Requirements. Also, each Bidder shall include a description of how it plans to
manage the work included in this Bidding Document in addition to its other ongoing projects.
16.2 This information shall be included in a separate form entitled Bidders Certification of
Compliance that is furnished in Section 4, Bidding Forms.
16.3 As a proof of satisfactory execution of contracts the Bidder must provide Certificates of
satisfactory execution of contracts, provided by the other contracting party to the contracts
concerned in number and within the period specified in the BDS for similar sized/type contracts
with a budget of at least that of this contract, unless otherwise specified in the BDS, including
contact information for verification and inspection so as to provide due diligence. Contact
information should include, at a minimum: name, function, address, e-mail, and phone number.
Each reference provided should be the client’s responsible project administrator or a senior
official of the client who is familiar with the Bidder’s performance and with the Bidder’s
system capabilities, and who may be contacted by The Bank during the evaluation process.
16.4 The Certificate of satisfactory execution of contracts shall include the following data:
(a). The name and place of establishment of the contracting parties,
(b). The subject-matter of the contract,
(c). The value of the contract
(d). The time and place of performance of the contract,
(e). A statement concerning the satisfactory execution of contracts.
16.5 If, for objective reasons, such a certificate cannot be obtained from a contracting party, a
statement issued by the bidder concerning satisfactory execution of contracts may also be valid,
on presentation of proof that the certificate was requested.
16.6 If the Bidder(s) propose a joint venture all of the information listed above must be provided for
all of the joint venture members. This information shall be in separate sections, one section per
joint venture member. In addition, the Bid shall provide the agreements that support the
relationships between joint venture members.

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16.7 Unless otherwise specified in the BDS, The Bank reserves the right to undertake physical
checking of current Bidder's technical qualifications and competence in order to make sure that
the Bidder has adequate qualifications to manage this Contract.
17. Joint Venture or Consortium
17.1 If bidder is a joint venture or consortium of two or more entities, the bid must be single with the
object of securing a single contract; authorized person must sign the bid and will be jointly and
severally liable for the bid and any contract. Those entities must designate one of their members
to act as leader with authority to bind the joint venture or consortium. The composition of the
joint venture or consortium must not be altered without the prior consent in writing of The
Bank.
17.2 The bid may be signed by the representative of the joint venture or consortium only if he has
been expressly so authorized in writing by the members of the joint venture or consortium, and
the authorizing contract, notarial act or deed must be submitted to The Bank. All signatures to
the authorizing instrument must be certified in accordance with the national laws and
regulations of each party comprising the joint venture or consortium together with the powers of
attorney establishing, in writing, that the signatories to the bid are empowered to enter into
commitments on behalf of the members of the joint venture or consortium. Each member of
such joint venture or consortium must prove to the satisfaction of The Bank that they comply
with the necessary legal, technical and financial requirements and have the wherewithal to carry
out the contract effectively.
18. Alternative Bids
18.1 Unless otherwise indicated in the BDS, alternative Bids shall not be considered.
18.2 If permitted in BDS, The Bank may consider alternative systems or services prior to the
notification of the successful Bidder provided that the Bidder:
(a). Has submitted Bid in accordance with the Bidding Document as issued; and
(b). Has submitted Bid based on alternative(s) to the Bidding Document as issued;
(c). Has included with the Bid a demonstration of the advantages of the alternative solution
over the initial solution, including a quantifiable justification of any economic and/or
technical advantages; and
(a). Has included with the Bid sufficient descriptive information for a complete evaluation of
the proposed alternative(s) by The Bank, including calculations, technical specifications,
breakdown of prices, proposed work methods and other relevant details.
18.3 Only the technical alternative(s), if any, of the lowest evaluated Bidder conforming to the basic
technical requirements shall be considered by The Bank.
18.4 In evaluating a Bid containing an alternative process or service The Bank may use any
evaluation/award criteria as indicated in the BDS and Section 3, Evaluation Methodology and
Criteria.
18.5 Alternative Bids not requested by The Bank shall be rejected.
19. Period of Validity of Bids
19.1 Bids shall remain valid for the period specified in the BDS after the bid submission deadline
prescribed by The Bank. A bid valid for a shorter period may be rejected by The Bank as non-
responsive.

19.2 In exceptional circumstances, prior to expiry of the bid validity period, The Bank may request

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Bidders to extend the period of validity of their bids. The request and the responses shall be
made in writing.
19.3 Bidders who are not willing to extend their bid validity period for what ever reason shall be
disqualified from the bid without having forfeited their bid security.
19.4 Bidders agreeing to The Bank’s request for extension of their bid validity period have to express
in writing their agreement to such request and for how long they are willing to extend the
period. Similarly, they have to amend the validity period of their bid security on the basis of the
extension of the bid validity period they have agreed to, or alternatively, furnish new bid
security to cover the extended period.
19.5 A bidder not agreeing to extend the validity period of his/its bid security shall be treated as a
bidder refusing The Bank’s request for extension of bid validity period, and as such, shall be
disqualified from further bid proceeding.
20. Bid Security
20.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part of its bid, a bid security
in original form and in the amount and currency specified in the BDS. A copy of bid security, if
submitted without original form, shall not be accepted.

20.2 The bid security shall be, at the Bidder’s option, in any of the following forms:
(a). An unconditional Bank Guarantee;
(b). An irrevocable Letter of Credit;
(c). Cash, check certified by a reputable bank or financial institution;
all from a reputable source from any eligible country. Securities issued by foreign banks or
financial institutions shall be counter-guaranteed by an Ethiopian bank. The bid security
shall be submitted either using the Bid Security Form included in Section 4, Bidding
Forms, or in another substantially similar format approved by The Bank. 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.
20.3 The Bid Security of a Joint Venture shall be issued in the name of the Joint Venture submitting
the bid provided the Joint Venture has legally been constituted, or else it shall be issued in the
name of all partners proposed for the Joint Venture in the bid. Sanctions due to a breach of the
terms of a Bid Security pursuant to ITB Clause 20.7 will apply to all partners to the Joint
Venture.

20.4 Any bid not accompanied by a substantially responsive bid security, if one is required in
accordance with ITB Sub-Clause 20.1, shall be rejected by The Bank as non responsive.

20.5 The bid security of unsuccessful Bidders shall be returned as promptly as possible upon the
successful Bidder’s furnishing of the performance security pursuant to ITB Clause 45.
20.6 The bid security of the successful Bidder shall be returned as promptly as possible once the
successful Bidder has signed the Contract and furnished the required performance security.

20.7 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 19.2; or

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(b). If the successful Bidder fails to:


(i) Sign the Contract in accordance with ITB 44;
(ii) Furnish a performance security in accordance with ITB Clause 45; or
20.8 The bid security furnished by foreign bidders from a bank outside of Ethiopia has to be
unconditional and counter guaranteed by local banks.
21. Documents Comprising the Bid
21.1 All bids submitted must comply with the requirements in the Bidding Document and comprise
the following:
21.2 Mandatory documentary evidence establishing the Bidder's qualification is the following:
(a). Bid Submission Sheet (form furnished in Section 4, Bidding Forms) including the
following mandatory attachments:
(i) VAT registration certificate issued by the tax authority (only domestic Bidders in case
of contract value as specified in BDS Clause 4.6(b)(ii));
(ii) A valid tax clearance certificate issued by the tax authority (domestic Bidders only);
(iii) Business organization registration certificate or trade license issued by the country of
establishment (foreign Bidders only);
(iv) Relevant professional practice certificates, as appropriate.
(b). Bidder Certification of Compliance (form furnished in Section 4, Bidding Forms) including
the following mandatory attachments:
(i) Written statement by a power of attorney (or notary statement, etc.) proving that the
person, who signed the bid on behalf of the company/joint venture/consortium, is duly
authorized to do so, as stipulated in ITB Clause 22.2;
(ii) Documents required in the BDS Clause 15.2 as proof of the bidder's financial
standing;
(iii) Certificates of satisfactory execution of contracts provided by contracting parties to
the contracts successfully completed in the course of the period specified in the BDS
with a budget of at least that of this contract, unless otherwise specified in the BDS
Clause 16.3.
(iv) CVs of the Professional staff signed by the staff themselves or by the authorized
representative of the Professional Staff.
(c). Schedule of Requirements + Technical Offer + Compliance Sheet (it should be presented
as per template furnished in Section 6, Schedule of Requirements) with detailed description
of the proposed Services in compliance with the minimum technical requirements,
including, if necessary, separate sheets or documentation for details. Schedule of
Requirements + Technical Offer + Compliance Sheet must include the following
mandatory attachments;
(i) Description of the organization of the warranty offered in accordance with the
conditions laid down in GCC Clause 24;
(ii) Drawings and Performance Diagrams - Form E of Section 6 (if applicable).
(d). Bid Security, in accordance with ITB Clause 20;
(e). Alternative bids, if permissible, in accordance with ITB Clause 18.
(f). In the case of a bid submitted by a joint venture (JV), the Form Data on Joint Ventures, the
Agreement governing the formation of joint venture, or letter of intent to form JV,
including a draft agreement, in accordance with ITB Clause 4.1.

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(g). Price Schedule for the Services offered (it should be presented as per template furnished in
Section 4, Bidding Forms) and if necessary completed by separate sheets for the details.
(h). Any other document or information required to be completed and submitted by Bidders, as
specified in the BDS.
22. Format and Signing of Bid
22.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB
Clause 21 and clearly mark it “ORIGINAL.” Alternative bids, if permitted in accordance with
ITB 18, shall be clearly marked ―ALTERNATIVE. In addition, the Bidder shall submit copies
of the bid, in the number specified in the BDS and clearly mark each of them “COPY.” In the
event of any discrepancy between the original and the copies, the original shall prevail.If
required in BDS, Bidders shall be required to submit bid documents in two envelopes
containing the technical and financial proposals separately.

22.2 The original and all copies of the bid shall be typed or written in indelible ink and shall be
signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall
consist of a written statement by a power of attorney (or notary statement, etc.) proving that the
person, who signed the bid on behalf of the company/joint venture/consortium is duly
authorized to do so and it shall be attached to the bid. The name and position held by each
person signing the authorization must be typed or printed below the signature. All pages of the
bid, except for non-amended printed literature, shall be signed or initialed by the person signing
the bid.
22.3 Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by
the person signing the bid.

D. Submission and Opening of Bids


23. Sealing and Marking of Bids
23.1 The Bidder shall enclose the original and each copy of the bid, including alternative bids, if
permitted in accordance with ITB Clause 18, in separate sealed envelopes, duly marking the
envelopes as “ORIGINAL” and “COPY.” These envelopes containing the original and the
copies shall then be enclosed in one single envelope.

23.2 The inner and outer envelopes shall:


(a). Be addressed to The Bank in accordance with ITB Sub-Clause 24.1;
(b). Bear the subject of the procurement or the Project name, and procurement reference
number indicated in the BDS;
(c). Bear the words “Not to be opened before the time and date for bid opening”.
23.3 The outer envelopes shall also indicate the name and address of the Bidder to enable the bid to
be returned unopened in case it is declared “late” pursuant to ITB Clause 25.1.

23.4 If all envelopes are not sealed and marked as required, The Bank shall assume no responsibility
for the misplacement or premature opening of the bid.
24. Deadline for Submission of Bids
24.1 Bidders may always submit their bids by registered post or by hand. Bids must be received by
The Bank at the address and no later than the date and time indicated in the BDS.

24.2 The Bank may, at its discretion, extend the deadline for the submission of bids by amending the

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Bidding Documents in accordance with ITB Clause 8, in which case all rights and obligations
of The Bank and Bidders previously subject to the deadline shall thereafter be subject to the
deadline as extended.
25. Late Bids
25.1 The Bank shall not consider any bid that arrives after the deadline for submission of bids, in
accordance with ITB Clause 24. Any bid received by The Bank after the deadline for
submission of bids shall be declared late, rejected, and returned unopened to the Bidder.
26. Withdrawal, Substitution, and Modification of Bids
26.1 A Bidder may withdraw, substitute, or modify its bid after it has been submitted by sending a
written notice, duly signed by an authorized representative, and shall include a copy of the
authorization in accordance with ITB Sub-Clause 22.2, (except that withdrawal notices do not
require copies). The corresponding substitution or modification of the bid must accompany the
respective written notice. All notices must be:
(a). Submitted in accordance with ITB Clauses 22 and 23 (except that withdrawals notices do
not require copies), and in addition, the respective envelopes shall be clearly marked
“Withdrawal,” “Substitution,” “Modification;” and
(b). Received by The Bank prior to the deadline prescribed for submission of bids, in
accordance with ITB Clause 24.
26.2 Bids requested to be withdrawn in accordance with ITB Sub-Clause 26.1 shall be returned
unopened to the Bidders. Bid withdrawal notices received after the bid submission deadline will
be ignored, and the submitted bid will be deemed to be a validly submitted bid.

26.3 No bid may be withdrawn, substituted, or modified in the interval between the deadline for
submission of bids and expiry of the period of bid validity specified by the Bidder on the Bid
Submission Sheet or any extension thereof.
27. Bid Opening
27.1 The Bank 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. The opening of
the bid shall not be affected by the absence of the bidders on their own will.

27.2 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 bid opening. Next, envelopes marked
“SUBSTITUTION” shall be opened and read out and exchanged with the corresponding bid
being substituted, and the substituted bid shall not be opened, but returned to the Bidder. No bid
substitution shall be permitted unless the corresponding substitution notice contains a valid
authorization to request the substitution and is read out at bid opening. Envelopes marked
“MODIFICATION” shall be opened and read out with the corresponding bid. No bid
modification shall be permitted unless the corresponding modification notice contains a valid
authorization to request the modification and is read out at bid opening. Only envelopes that are
opened and read out at bid opening shall be considered further.

27.3 All other envelopes shall be opened one at a time, reading out: the name of the Bidder and
whether there is a modification; the Bid Prices, including any discounts and alternative offers;
the presence of a bid security, if required; and any other details as The Bank may consider

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appropriate. Only discounts and alternative offers read out at bid opening shall be considered
for evaluation. No bid shall be rejected at bid opening except for late bids, in accordance with
ITB Sub-Clause 25.1.

27.4 The Bank 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, substitution, or modification; the Bid Price, per
lot if applicable, including any discounts and alternative offers; 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 all
Bidders.
27.5 Any bid document not opened and read out during the bid opening proceeding shall not be
considered for further evaluation.

E. Evaluation and Comparison of Bids


28. Confidentiality
28.1 Information relating to the examination, evaluation, clarification, and comparison 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 on Contract award is communicated to
all bidders.

28.2 Any effort by a Bidder to influence The Bank in the examination, evaluation, and comparison of
the bids or Contract award decisions may result in the rejection of its bid.

28.3 Notwithstanding ITB Sub-Clause 28.2, from the time of bid opening to the time of Contract
award, if any Bidder wishes to contact The Bank on any matter related to the bidding process, it
should do so in writing.
29. Clarification of Bids
29.1 To assist in the examination, evaluation, and comparison of the bids, The Bank may, at its sole
discretion, ask any Bidder for a clarification of its bid. Any clarification submitted by a Bidder
that is not in response to a request by The Bank shall not be considered. The Bank’s request for
clarification and the response shall be in writing. No change in the prices or substance of the bid
shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors
discovered by The Bank in the evaluation of the bids, in accordance with ITB Clause 32.
29.2 If a Bidder does not provide clarifications of its bid by the date and time set in The Bank’s
request for clarification, its bid may be rejected.
30. Responsiveness of Bids
30.1 The Bank’s determination of a bid’s responsiveness is to be based on the contents of the bid
itself.

30.2 A substantially responsive bid is one that conforms to all the terms, conditions, and schedule of
requirements of the Bidding Documents without material deviation, reservation, or omission. A
material deviation, reservation, or omission is one that:
(a). If accepted, would,
(i) Affects in any substantial way the scope, quality, or performance of the Services
specified in the Contract; or

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(ii) Limits in any substantial way, inconsistent with the Bidding Documents, The Bank’s
rights or the Bidder’s obligations under the Contract; or
(b). If rectified would unfairly affect the competitive position of other Bidders presenting
substantially responsive bids.
30.3 If a bid is not substantially responsive to salient requirements of the Bidding Documents it shall
be rejected by The Bank and may not subsequently be made responsive by the Bidder by
correction of the material deviation, reservation, or omission.
30.4 Decisions to the effect that a bid is not substantially responsive t must be duly justified in the
evaluation minutes.
30.5 If only one Bid meets all salient requirements of the Bidding Document and is not otherwise
disqualified, The Bank may still complete the full evaluation of that Bid and sign contract with
that Bidder if the Bid submitted by such bidder is satisfactory to The Bank and the price offered
by the bidder is comparable to or less than the market price of the required object of
procurement.
31. Nonconformities and Omissions
31.1 Provided that a bid is substantially responsive, The Bank may waive any non-conformity or
omissions in the bid that does not constitute a material deviation.

31.2 Provided that a bid is substantially responsive, The Bank may request that the Bidder submit the
necessary information or documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities or omissions in the bid related to documentation requirements.
Requesting information or documentation on such nonconformities hall 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.

31.3 Provided that a bid is substantially responsive, The Bank shall rectify nonmaterial
nonconformities or omissions. To this effect, the Bid Price shall be adjusted, for comparison
purposes only, by the highest price quoted in this bidding process to reflect the price of the
missing or non-conforming item or component.
32. Dubious price quotations and errors in calculation
32.1 Provided that the bid is substantially responsive, The Bank shall correct arithmetical errors on
the following basis:
(a). If there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall
be corrected, unless in the opinion of The Bank there is an obvious misplacement of the
decimal point in the unit price, in which case the total price as quoted shall govern and the
unit price shall be corrected;
(b). If there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
(c). If there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a) and (b) above.
32.2 The Bank shall correct the detected errors in calculation and notify the bidder in writing of the
corrections made without any delay, requesting the bidder to confirm that he accepts the
correction of the calculation error within the period specified in BDS from the date on which

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the notice was received. The corrections shall be clearly indicated in the bid.

32.3 If the Bidder that submitted the lowest evaluated bid does not accept the correction of errors, its
bid shall be disqualified.
33. Margin of Preference
33.1 No margin of preference shall apply.
34. Preliminary Examination of Bids
34.1 The Bank shall examine the bids to confirm that all documentary evidence establishing the
Bidder's qualification requested in ITB Clause 21 have been provided, and to determine whether
bid comply with administrative requirements of the Bidding Document.
34.2 From the time the Bids are opened to the time the Contract is awarded, the Bidders should not
contact The Bank on any matter related to its Bid. Any effort by Bidders to influence The Bank
in the examination, evaluation, ranking of Bids, and recommendation for award of Contract
may result in the rejection of the Bidders’ Bid.

34.3 The Bank may determine bid as not responsive when:


(a). Bidder has failed to submit Written statement by a power of attorney (or notary statement,
etc.) proving that the person, who signed the bid on behalf of the company/joint
venture/consortium, is duly authorized to do so (ITB Sub-clause 22.2);
(b). Original and all copies of the bid are not typed or written in indelible ink and signed by a
person duly authorized to sign on behalf of the Bidder (ITB Sub-clause 22.2);
(c). All pages of the bid, except for non-amended printed descriptive literature, are not signed
or initialed by the person signing the bid (ITB Sub-clause 22.2);
(d). Bid is not written in language specified in the ITB Clause 11.1;
(e). Bidder has failed to submit signed and dated Bid Submission Sheet Form;
(f). Bidder has failed to submit signed and dated Price Schedule Form;
(g). Bidder has failed to submit signed and dated Bidder Certification of Compliance Form;
(h). Bidder has failed to submit signed and dated Schedule of Requirements + Technical Offer+
Compliance Sheet Form;
(i). Bidder has failed to submit signed and dated Bid Security;
(j). The Bid Security is not in accordance with ITB Clause 20.
35. Legal, Professional, Technical, and Financial Admissibility of Bids
35.1 After confirming the bids comprise all mandatory documentary evidence establishing the
Bidder's qualification, The Bank will rule on the legal, technical, professional, and financial
admissibility of each bid, classifying it as compliant or non-compliant with qualification
requirements set forth in the Bidding Document.
35.2 Legal admissibility
The Bank may determine bid as not responsive when:
(a). Bidder does not have nationality in accordance with ITB Sub-Clause 4.2;
(b). Bidder is found to have a conflict of interest as described in ITB Sub-Clause 4.3;
(c). Bidder has failed to submit valid business license indicating the stream of business in
which the bidder is engaged, in accordance with ITB Clause 4.6(b)(i);
(d). Bidder has failed to register itself in the Public Procurement and Property Administration

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Agency's suppliers list (mandatory for domestic Bidders only), in accordance with ITB
Clause 4.7;
(e). Domestic Bidder has failed to submit VAT registration certificate issued by the tax
authority (in case of contract value specified in BDS Clause 4.6(b)(ii), in accordance with
ITB Clause 4. 6(b)(ii);
(f). Domestic Bidder has failed to submit a valid tax clearance certificate issued by the tax
authority, in accordance with ITB Clause 4.6(b)(iii);
(g). Foreign Bidder has failed to submit business organization registration certificate or trade
license issued by the country of establishment, in accordance with ITB Clause 4.6(c);
(h). Bidder has been debarred by a decision of the Public Procurement and Property
Administration Agency from participating in public procurements for breach of its
obligation under previous contracts, in accordance with ITB Clause 4.4.
(i). In the case of a bid submitted by a joint venture (JV), the Bidder has failed to submit the
Form Data on Joint Ventures, the Agreement governing the formation of joint venture, or
letter of intent to form JV, including a draft agreement, in accordance with ITB Clause 4.1.
35.3 Professional admissibility
The Bank may determine bid as not responsive when:
(a). Bidder has failed to submit relevant professional practice certificates if required in BDS
Clause 4.6(b)(iv);
(b). Bidder has failed to provide in the Bidder Certification of Compliance Form personnel
statistics for the period specified in the BDS Clause 14.1 in order to proof its professional
capacity;
(c). Bidder has failed to provide in the Bidder Certification of Compliance Form the Team Skill
Matrix identifying the skills that are relevant to the role in the contract team and are
required for successful execution of the contract; and
(d). Bidder has failed to provide CVs of the Professional staff signed by the staff themselves or
by the authorized representative of the Professional Staff.
35.4 Technical admissibility
The Bank may determine bid as not responsive when:
(a). Bidder has failed to provide in the Bid Submission Sheet Form the Statement attesting the
origin of the Services offered;
(b). Bidder has failed to provide in the Bidder Certification of Compliance Form information
about major relevant contracts successfully completed in the number and period specified
in the BDS;
(c). Bidder has failed to submit Certificates of satisfactory execution of contracts provided by
contracting parties to the contracts successfully completed in the period and budget as
specified in the BDS Clause 16.3;
(d). Bidder has failed to complete its Schedule of Requirements + Technical Offer+
Compliance Sheet Form in accordance with Terms of Reference presented as per template
in Section 6, Schedule of Requirements
(e). Bidder has failed to submit Description of the organization of the warranty offered in
accordance with the conditions laid down in GCC Clause 24;
(f). Bidder has failed to submit Drawings and Performance Diagrams - Form E of Section 6 (if
applicable).

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35.5 Financial admissibility


The Bank may reject any bid when:
(a). Bidder has failed to submit financial statements certified by an independent auditor as
required in ITB Clause 15.2(a) for the period specified in Section 3, Evaluation
Methodology and Criteria;
(b). Bidder has failed to submit other documents proofing its financial standing, as required in
the BDS Clause 15.2(b);
(c). The average annual turnover for the period specified in Section 3, Evaluation Methodology
and Criteria does not exceed the amount of the financial proposal of the Bid in value
specified in the BDS.
(d). Bidder has failed to calculate Bid Prices for the Services offered as prescribed in ITB
Clause 12; and
(e). Bidder has failed to quote prices in currency specified in the BDS in accordance with ITB
Clause 13.
36. Evaluation of Bids
36.1 The Bank shall evaluate each bid that has been determined, up to this stage of the evaluation, to
be substantially responsive.

36.2 For evaluation and comparison purposes, The Bank shall convert all bid prices expressed in the
amounts in various currencies into a single currency indicated in BDS, using the selling
exchange rate established by the National Bank of Ethiopia and on the date of the Bid opening.

36.3 To evaluate a bid, The Bank shall only use all the criteria and methodologies defined in this
Clause and in Section 3, Evaluation Methodology and Criteria. No other criteria or
methodology shall be permitted.

36.4 To evaluate a bid, The Bank shall consider the following:


(a). The bid price;
(b). Price adjustment for correction of arithmetic errors in accordance with ITB Sub-Clause 32;
(c). Price adjustment due to discounts offered in accordance with ITB Sub-Clause 12.4;
(d). Converting the amount resulting from applying (a) to (c) above, if relevant, to a single
currency in accordance with ITB Sub-Clause 36.2;
(e). Adjustment for nonconformities and omissions in accordance with ITB Sub-Clause 31;
(f). Application of all the evaluation factors, if indicated in Section 3, Evaluation Methodology
and Criteria. .
36.5 The Bank’s cost evaluation of a bid may require the consideration of other factors, in addition to
the Bid Price quoted in accordance with ITB Clause 12. These factors may be related to the
characteristics, performance, and terms and conditions of purchase of the Services. The factors
to be used, if any, and the methodology of application shall be indicated in Section 3,
Evaluation Methodology and Criteria.

36.6 If these Bidding Documents allow Bidders to submit a Bid for different lots, and the award to a
single Bidder of multiple lots, the methodology of evaluation to determine the lowest evaluated
lot combinations, including any discounts offered in the Bid Submission Sheet, is specified in
the BDS and detailed in Section 3 Evaluation Methodology and Criteria.

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37. Comparison of Bids


37.1 The Bank shall compare all substantially responsive bids to determine the lowest evaluated bid
as specified in Section 3: Evaluation Methodology and Criteria.
38. Post-qualification Evaluation
38.1 After identifying the successful bidder by evaluating the bid documents against the criteria set
forth in this Bidding Document The Bank shall conduct post qualification evaluation to
establish the current qualification of the successful bidder where it feels that it has to be
ascertained.
38.2 Such post qualification evaluation of the successful bidder may relate to submission of the
documentary evidence specified in ITB Clause 35,unless satisfactory documents are already
included in the Bid, concerning its current legal, professional, technical, and financial standing
and conformity to the requirements stated in this Bidding Document.
38.3 If the successful bidder fails to provide this documentary proof within 15 calendar days
following The Bank's request or if the successful bidder is found to have provided false
information its Bid shall be disqualified ,in which event The Bank shall proceed to the next
lowest evaluated bid to make a similar determination of that Bidder’s capabilities to perform
satisfactorily.
39. Acceptance or Rejection of Bids
39.1 The Bank reserves the right, to accept or reject any bid, and to annul the bidding process and
reject all bids at any time prior to contract award, without thereby incurring any liability to
Bidders.
40. Re-advertising bids
40.1 The Bank may issue invitation to bid for a second time under the following circumstances:
(a). Where the Invitation to Bid has been unsuccessful, namely where no qualitatively or
financially worthwhile Bids have been received.
(b). Where the best price offered by a bidder is significantly higher than the market price
estimate of the object of procurement made by The Bank prior to the issuance of the
invitation to bid.
(c). Where it is concluded that non compliance with the rules and procedures governing bids
prescribed by the Proclamation and Procurement Directive led to the failure of the
invitation to bid to attract more than one bidder, or where it is believed that modifying the
bidding document could attract adequate number of bidders.
(d). Circumstances of Force Majeure render normal implementation of the Contract impossible.
F. Award of Contract
41. Award Criteria
41.1 The Bank shall award the Contract to the Bidder whose bid has been determined to be the
lowest evaluated bid and is substantially responsive to the Bidding Documents, provided further
that the Bidder is determined to be qualified to perform the Contract satisfactorily.
41.2 If Bids are being invited for individual contracts (lots) Contracts will be awarded lot by lot, but
The Bank may select the most favorable overall solution after taking account of any discounts
offered.
41.3 If the Bidder is awarded more than one lot, a single contract may be concluded covering all

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those lots.
42. Right to Vary Quantities at Time of Award
42.1 At the time the Contract is awarded, The Bank reserves the right to increase or decrease the
scope of Services originally specified in Section 6, Schedule of Requirement, provided this does
not exceed the percentages indicated in the BDS, and without any change in the unit prices or
other terms and conditions of the bid and the Bidding Documents.
43. Announcing and Awarding of the Successful Bidder
43.1 Prior to expiry of the period of bid validity, The Bank shall notify in writing the result of a bid
evaluation to all bidders alike at the same time.
43.2 The letter of notification to be disclosed to the unsuccessful bidders on the technical evaluation
shall state the reason why they did not succeed in their bid and the identity of the successful
bidder
43.3 A letter of award to be sent by The Bank to a successful bidder shall not constitute a contract
between him and The Bank. A contract shall be deemed to have been concluded between The
Bank and the successful bidder only where a contract containing detailed provisions governing
the execution of the procurement in issue is signed.
43.4 A letter of contract award to be sent to a successful bidder may contain the following
information:
(a). That The Bank has accepted his bid;
(b). The total contract price;
(c). The list of items and their respective unit price;
(d). The amount of the performance security the successful bidder is required to furnish and the
deadline for providing such security.
44. Signing of Contract
44.1 Promptly after notification of the proposed contract award The Bank shall send the successful
Bidder the Contract.

44.2 Within fifteen (15) days of receipt of the notification of award, the successful Bidder shall sign,
date, and return it to The Bank the Contract.
44.3 The Bank shall not sign a contract before seven working days from the date bidders are notified
of the result of their bid or of any complaint against the bid proceeding.
45. Performance Security
45.1 Within fifteen (15) days from signing the Contract the successful Bidder shall furnish the
performance security in accordance with the GCC, using for that purpose the Performance
Security Form included in Section 9, Contract Forms, or another form acceptable to The Bank.

45.2 Failure of the successful Bidder to submit the above-mentioned Performance Security or sign
the Contract shall constitute sufficient grounds for annulment of the award and forfeiture of the
bid security.
45.3 Small and micro enterprises shall be required to submit a letter of guarantee written by a
competent body organizing and overseeing them in lieu of bid security, performance security or
advance payment guarantee.
45.4 Where the successful bidder can not or is unwilling to sign a contract or submit the above-

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mentioned Performance Security, The Bank may either declare the bidder submitting the second
lowest evaluated bid the successful bidder or invite such bidder to sign a contract or advertise
the bid afresh by assessing the benefit of the two options.

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Part 1: Bidding Procedures Section 2: Bid Data Sheet

Section 2. Bid Data Sheet


Table of Contents

A. Introduction 1
B. Bidding Documents 2
C. Preparation of Bids 2
D. Submission and Opening of Bids 3
E. Evaluation, and Comparison of Bids 4
F. Award of Contract 5

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Section 2. Bid Data Sheet (BDS)


Instructions for
Bidders (ITB) Data relevant to ITB
reference

A. Introduction
ITB 1.1 The Bank is: Development Bank Of Ethiopia
Registered Address: Addis Ababa, Kirkos Sub City,Woreda 08, Joseph Tito Street
Tell:+2511155111188/89,Fax: +2511155511606 ,
Email:dbe@ethionet.et
ITB 1.1 The Bidding Document is issued under Procurement Method: National
Competitive Bid.
The Project name or is: Training on CompTIA Security+
ITB 1.2 and
23.2(b)

ITB 1.3and The Procurement Reference Number is: DBE/NCB/TS/02/2020/21


23.2(b)

ITB 1.3 The number and identification of Lots in this Bidding Document is: None.

ITB 4.1(a) The individuals or firms in a joint venture, consortium or association jointly and
severally liable.

ITB 4.6(b)(ii) Domestic Bidders shall provide VAT registration certificate issued by the tax
authority in case of contract value of BIRR 1,000,000.00 and above.
ITB 4.6(b)(iv) Relevant professional practice certificate required.

ITB 4.8 A Bidder shall amend the evidence of its continued eligibility with the following
documents:
 Valid Tax clearance certificate issued by the tax authority
(domestic Bidders only); valid for the bid.
 VAT Registration certificate
 TIN Certificate
 Authorization Letter from Oracle University
 Other documents as stated in the BDS
 Suppliers registration for Government Purchase
 Written power of attorney of the signatory of the bid to commit
the bidder.
 Audit report for the past Two (2) years
 Bidders submission form

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Instructions for
Bidders (ITB) Data relevant to ITB
reference

 Signed and stamped Anti-bribery pelage form

B. Bidding Documents
ITB 7.1 and For questions and/or clarification purposes only, The Bank’s address is:
9.4 Public Body: Development Bank of Ethiopia
Attention: Ato Solomon Megerssa
Floor/Room number: Tower 2 Fifth floor
P.O. Box:
Street Address:
Town/City: Addis Abeba
Post Code:
Country: Ethiopia
Telephone:
Facsimile:
E-mail address

ITB 7.1 and The deadline for submission of questions and/or clarifications is:
9.4
Date: March 27,2021
Time: UNTIL 5:00 PM (11:00 Local time):
C. Preparation of Bids
ITC 11.1 Language of the Bid shall be. English
The Incoterms edition is: 2010
ITB 12.5
Prices quoted for each lot shall correspond to at least 100 percent of the items
ITB 12.7
specified for each lot.
Prices quoted for each item of a lot shall correspond to at least 100 percent of the
quantities specified for each item of a lot.
For those inputs to the Non-Consultancy Services that the Bidder expects to
ITB 13.1
provide from inside Ethiopia the prices shall be quoted in ETB.
Bidder must provide in the Bidder Certification of Compliance Form information
ITB 14.1
related to its professional qualification and capability for the current and the
previous years in order to proof its professional capacity. Specified in section 3
Evaluation and qualification criteria.
ITB 15.2(b) As a proof of the bidder's financial standing the following documents need to be
furnished: Audited Financial statement.

ITB 16.3 Bidder must submit at least Certificates of satisfactory execution of contracts
provided by contracting parties to the contracts successfully completed in the
course of the past 3 years with a budget of at least1,000,000.00

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Instructions for
Bidders (ITB) Data relevant to ITB
reference
The Bank shall under takes physical checking of current Bidder's technical
ITB 16.7
qualifications and competence.
Alternative Bids [“shall not”] be considered.
ITB 18.1

ITB 18.4 If alternative bids are permitted under BDS Clause 18.1 they must meet the
following criteria: None.

ITB 19.1 The bid validity period shall be: 90 days.

ITB 20.1 A bid security [insert “shall be” or “shall not be”] required? Yes. Unconditional
Bank Guarantee and/or CPO in ETB Birr 10,000.00

ITB 22.1 In addition to the original of the bid, the number of copies required is: One Copy
for Technical & One for Financial.

ITB 22.1 Bidders shall be required submitting bid documents in two envelopes
containing the technical and financial proposals separately. The offer
submitted by bidders shall be “each page of the proposal inside the envelop
must be signed and stamped”
Technical Offer
The Bidder shall Prepare and Submit one Original and One Copy. The technical
part of the bid clearly making each as Original and Copy. In the event of any
Discrepancy between them, the original shall govern. Bidders shall not indicate
their price in their offer. The Inclusion of any information in the technical offer
that can indicate the price directly may result in the rejection of the offer.
Financial Offer
The Bidder shall prepare and submit one Original and one Copy. The Financial
offer in separately sealed envelopes, clearly making each as Original and Copy.

Bid Guarantee
The Bidder shall submit Bid Bond /Guarantee in a separate /third/ envelope clearly
making it bid guarantee.
NB:- The Bidder shall provide Bid Submission Sheet Both Financial and
Technical Document .But Bidders Shall not Indicate their price in their Technical
offer .Otherwise be a ground for rejection.

D. Submission and Opening of Bids


ITB 24.1 For bid submission purposes only, The Bank’s address is:
Public Body: Development Bank of Ethiopia

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Instructions for
Bidders (ITB) Data relevant to ITB
reference
Attention: Procurement Team
Floor/Room number: Tower II
P.O. Box:
Street Address:
Town/City: Addis Ababa
Post Code:
Country: Ethiopia
The deadline for bid submission is:
Date: April 01, 2021
Time: 4:00 Local Time

ITB 27.1 The bid opening shall take place at: Head office Tower II Ground Floor at
4:05 Local Time
Public Body: Development Bank of Ethiopia
Floor/Room number: Tower II
Street Address: Josph Tito Street
Town/City: Addis Ababa
Post Code: 1900
Country: Ethiopia
Date: April 01, 2021
Time: 10:05 A.M (4:05 Local Time)
E. Evaluation, and Comparison of Bids
Bidder has to confirm that he accepts the correction of the calculation error within
ITB 32.2
the period: Two (2) days after notification.

ITB 35.4(b) Bidder must provide in the Bidder Certification of Compliance Form information
about major relevant contracts successfully completed in the course of the past
years.

ITB 35.5(b) The average annual turnover for the last business year of the Bidder must
500,000.00

ITB 36.2 The currency that shall be used for bid evaluation and comparison purposes to
convert all bid prices expressed in various currencies into a single currency is:
Ethiopian Birr only.

ITB 36.6 Multiple awards to one Bidder are permitted. Permitted (The bank may award
more than one Training Service Provider company).
The evaluation methodology to determine the lowest-evaluated combination of
lots shall be detailed in Section 3 Evaluation Methodology and Criteria.

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F. Award of Contract
ITB 42.1 The percentage by which quantities may be increased is: 20%
The percentage by which quantities may be decreased is: 20%

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Section 3. Evaluation Methodology and


Criteria

Table of Contents

1. Professional, Technical, and Financial Qualification Criteria 2


2. Determining the Successful Bid 2
3. Evaluation of Multiple Contracts 4
4. Alternative Bids 4

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Technical Criteria (70%)


1. Availability of Relevant Expertise (35%): the company should submit trainers’
profile with relevant credentials.
 Professional Certification on the Subject Matter= 15 Points
 Minimum of B.Sc. educational qualification=5 points
 > 5 years of training delivering experience=8 points
 2-5 years of training delivering experience= 5
 1-2 years of training delivering experience= 2
2. Track Record of the institute in conducting similar training program (10%).
 Years of service in providing similar training (5%)
- >5 years of Experience=5 Points
- 2-4 years of Experience=2.5 points
- 1-2 years of Experience=1 point
 Evidence of 2 major relevant training contract successfully accomplished in the
past five years (5%)
- No accomplishment of training contract= 0 point
- One(1) accomplishment of training contract=2.5 point
- Two(2) accomplishment of training contract=5 point
3 At least three recent letter of acknowledgement for successfully deliver training
program on subject matter (5%).
- No letter of recommendation= 0 points
- One(1) letter of recommendation= 2.5 points
- Three and above letters of recommendation=5 points
4. Status of physical facilities available such as training rooms, syndicate rooms,
library, internet, Availability of training aids and materials (20%)
- Fully furnished training center= 20 points
- Moderately furnished training center= 15 points
- Poorly furnished training centre= 8 points

Financial Criteria (30%)


Those firms that are technically fit only considered for financial evaluation. 30% will be
given to the firm that proposed the least cost and the rest will be ranked proportionally

Training costs such as tuition fee, material cost, and other logistics proposed by the
institute will be considered.

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1. Professional, Technical, and Financial Qualification Criteria (Not applicable)


The following qualification criteria will be applied to Bidders. In the case of bids submitted by a
consortium, these qualification criteria will be applied to the consortium as a whole:
1.1 Professional Qualifications and Capability of the Bidder (ITB Clause 14)
(a). At least staff currently work for the Bidder;
(b). Among the staff mentioned in sub-clause (a) should be at least;
(c).
1.2 Technical Qualifications, Competence, and Experience of the Bidder (ITB Clause 16)
(a). The Bidder has successfully completed at least contracts with a budget of at least
that of this contract in the past years;
(b).
1.3 Financial Standing of the Bidder (ITB Clause 15)
(a). The average annual turnover calculated as total certified payments received for
contracts in progress or completed within the last years must exceed times the amount
of the financial proposal of the Bid;
(b). .
2. Determining the Successful Bid
According to the methodology defined in the Public Procurement Proclamation and Directives
The Bank shall select the successful bid by applying the following method:
A. The bid that is found to be substantially responsive to the professional, technical, and
financial qualification requirements, technically compliant in relation to the technical
specifications, and with the lowest price.
B. The bid that is found to be substantially responsive to the professional, technical, and
financial qualification requirements, technically compliant in relation to the technical
specifications, and with the lowest evaluated bid The lowest evaluated bid shall be the bid
offering better economic advantage ascertained on the basis of factors affecting the
economic value of the bid.
A. The Bid with the Lowest Price
2.1 The bids shall be examined to confirm that all documentary evidence establishing the
Bidders' qualifications requested in ITB Clause 21 have been provided;
2.2 After confirming the bids comprise all mandatory documentary evidence establishing the
Bidder's qualification The Bank will rule on the legal, technical, professional, and financial
admissibility of each bid, classifying it as compliant or non-compliant with qualification
requirements set forth in the Bidding Document;

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2.3 The Bank will then analyze the bids' technical conformity in relation to the technical
specifications, classifying them technically compliant or non-compliant.
2.4 The Bank shall continue evaluation of bids that have been determined to be substantially
responsive with rectification of nonconformities and omissions in bids, if any.
2.5 The Bank shall examine all bids to ascertain whether there are any arithmetic errors in
computation and summation. The Bank shall notify bidders on adjusted calculation errors
and request bidders to confirm that they accept the correction of the calculation error
within the time limit of three days from the receiving of the notification.
2.6 After evaluation of legal, professional, technical, and financial admissibility of bids The
Bank shall award of the contract the bidder whose bid has been determined to be
substantially responsive to the Bidding Documents and with the lowest price.
B. Determining the Lowest Evaluated Bid Offering the Best Economic Advantage
2.7 Provided all mandatory legal, professional, technical, and financial requirements have been
met all technically compliant Bids shall be evaluated and scored using the two-stage bid
evaluation and scoring method. In accordance with ITB Clause 36.4(f), The Bank's
evaluation of the Bid will take into account, in addition to the bid price, the following
additional evaluation criteria in order of their importance and their proportional weight in
the total system of evaluation, as specified below:
(a). The additional evaluation criteria and their weighting factor that indicate their level of
importance are determined, as follows:
Priority Name of criteria Proportional value in %
1. Criterion I
2. Criterion II
3. Criterion III
4. Criterion IV
I Total Additional Criteria (1+2+3+4)
II Bid Price
III Sum Total (I+II) 100
(b). The Bank will evaluate any additional criterion using the following scoring scale:
SCORING DESCRIPTION
Exceeds the requirements of the criteria significantly and in beneficial ways/very
10 Excellent
desirable
9 Very Good Exceeds the requirements of the criteria in ways which are beneficial to our needs
7-8 Good Fully meets the requirement of the criteria

Adequately meets most of the requirements of the criteria. May be lacking in


5-6 Average
some areas that are not critical.
Addresses all of the requirements of the criterion to the minimum acceptable
3-4 Poor
level.

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SCORING DESCRIPTION
Minimally addresses some, but not all, of the requirements of the criteria or
1-2 Very Poor
lacking in critical areas.
0 Unsatisfactory Does not satisfy the requirements of the criteria in any manner.
2.8 Individual weighted scores for all technical criteria shall be weighted according to the set
proportional weighting factors. The weighted result shall be calculated by multiplying the
score by the proportional weighting factor of the individual criterion. The total score for the
Bid determined through this method will be the basis for ranking Bids.
2.9 Where two bidders get equal merit points in the evaluation, preference shall be given to
local services.
2.10 The Bank may require bidders scoring equal merit points in the evaluation to submit
further proposals on certain aspects of the bid with a view to identifying the successful
bidder.
2.11 Where by reason of the bidders scoring equal merit points not submitting final proposals
they are invited to submit, or by reason of the evaluation result of the final proposals
submitted by the bidders being still equal, the successful bidder cannot be singled out, the
successful bidder shall be determined by casting lot in the presence, as far as possible, of
the bidders concerned.
3. Evaluation of Multiple Contracts
Since in accordance with ITB Sub-Clause 36.6The Bank be allowed to award one or multiple lots
to more than one Bidder, the following methodology shall be used for award of multiple
contracts:
To determine the lowest-evaluated lot combinations, The Bank shall:
(a). Evaluate only lots or contracts that include at least the percentages of items per lot and
quantity per item as specified in ITB 12.7;
(b). Take into account:
(i) The lowest-evaluated bid for each lot that meets the requirement of evaluation
criteria;
(ii) The price reduction per lot and the methodology for their application as offered
by the Bidder in its bid; and
(iii) The contract-award sequence that provides the optimum economic combination,
taking into account any limitations due to constraints in supply or execution
capacity.
4. Alternative Bids
Alternative Bids, if permitted under BDS Clause 18.1, will be evaluated as follows:

The Bank shall only apply the following criteria for evaluation of Alternative Bids:
(Not applicable)

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Section 4. Bidding Forms


Table of Contents

A. Bid Submission Sheet 1


B. Bidder Certification of Compliance 5
1. General Information About the Bidder 5
2. Financial Standing 5
3. Technical Qualifications, Competence, and Experience in the Procurement Object 6
4. Professional Qualifications and Capabilities 7
5. Quality Assurance / Managerial and Control Procedures 8
6. Equipment and Facilities 8
7. The major items of equipment proposed for carrying out the Services are: 8
8. Bidder's Audit Agency 8
9. Organization of Firm 8
10. Bank Account Numberand Bank Address 8
C. Form - Data on Joint Venture/Consortium 10
D. Curriculum Vitae for Proposed Professional Staff 11
E. Bid Security 12

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A. Bid Submission Sheet


Place and Date
Procurement Reference Number:

To:
Addis Ababa
Ethiopia
SUBMITTED BY1:
Complete Legal Name and Address of the Seat of
Nationality2
the Bidder
Leader3
Member
Etc …

In response to your Bidding Document for the above Procurement Number:, we, the undersigned,
hereby declare that:
(a) We have examined and accept in full the content of the Bidding Document for the,
Procurement Number: We hereby accept its provisions in their entirety, without reservation
or restriction.
(b) We offer to perform in conformity with the Bidding Documents and in accordance with the
delivery schedule specified in the Schedule of Requirements the following Services: ;
(c) Warranty period for offered Services is .
(d) The total price of our Bid, excluding any discounts offered in item (d) below is: ;
(e) The discounts offered and the methodology for their application are:
Unconditional Discounts: If our bid is accepted, the following discounts shall apply..
Methodology of Application of the Discounts: The discounts shall be applied using the
following method:;
Conditional Discounts: If our bid(s) are accepted, the following discounts shall apply..
Methodology of Application of the Discounts: The discounts shall be applied using the
following method:;
(f) Our bid shall be valid for a period of days from the date fixed for the bid submission
deadline in accordance with the Bidding Documents, and it shall remain binding upon us and
may be accepted at any time before expiry of that period;
(g) The prices in this bid have been arrived at independently, without, for the purpose of
restricting competition, any consultation, communication, or agreement with any other
bidder or competitor relating to:
i. Those prices;
ii. The intention to submit a bid; or
iii. The methods or factors used to calculate the prices offered.

1
One signed original Bid Submission Form must be supplied together with the number of copies specified in the
Instruction to Bidders.
2
Country in which the legal entity is registered.
3
Add/delete additional lines for members as appropriate.Note that a subcontractor is not considered to be a member for
the purposes of this bidding procedure. If this bid is being submitted by an individual bidder, the name of the bidder
should be entered as "leader" and all other lines should be deleted.

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(h) The prices in this bid have not been and will not be knowingly disclosed by the, directly or
indirectly, to any other bidder or competitor before bid opening.
(i) We, including any subcontractors 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
and have not been debarred by a decision of the Public Procurement and Property
Administration Agency from participating in public procurements for breach of our
obligation under previous contract ;
(j) We are not insolvent, in receivership, bankrupt or being wound up, not have had our
business activities suspended and not be the subject of legal proceedings for any of the
foregoing;
(k) We have fulfilled our obligations to pay taxes according to Ethiopian Tax laws
(l) We have read and understood the provisions on fraud and corruption in GCC Clause 5 and
confirm and assure to The Bank that we will not engage ourselves into these evil practices
during the procurement process and the execution of any resulting contract;
(m) We have not committed an act of embezzlement, fraud or connivance with other bidders.
(n) We have not given or have been offered to give inducement or bribe to an official or
procurement staff of The Bank to influence the result of the bid in our favor.
(o) 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;
(p) We do not have any conflict of interest and have not participated in the preparation of the
original Schedule of Requirements for The Bank;
(q) If our bid is accepted, we commit to submit a performance security in accordance with the
GCC Clause 49 of the Bidding Documents, in the amount of for the due performance of the
Contract;
(r) We, including any subcontractors or suppliers for any part of the Contract, have nationalities
from eligible countries ];
(s) Offered Services do not originate in a country in respect of which the Government of the
Federal Democratic Republic of Ethiopia has imposed trade ban;
(t) Offered Services do not originate in a country under trade embargo of the Security Counsel
of the United Nations in which transacting with any business organization or individual who
is the national of that country is prohibited;
(u) We will inform The Bank immediately if there is any change in the above circumstances at
any stage during the implementation of the contract. We also fully recognize and accept that
any inaccurate or incomplete information deliberately provided in this bid may result in our
exclusion from this and other contracts funded by the Government of the Federal Democratic
Republic of Ethiopia.
(v) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall not constitute a binding contract between us, until a formal
contract is prepared and executed.
(w) We understand that you reserve the right to reject any or all bids that you may receive.
Name
In the capacity of .

Signed

Duly authorized to sign the bid for and on behalf of .

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Dated on [insert day] day of], 20


Attachments:
1. Valid trade license indicating the stream of business in which the is engaged;
2. VAT registration certificate issued by the tax authority
3. A valid tax clearance certificate issued by the tax authority ;
4. Business organization registration certificate or trade license issued by the country of
establishment;
5. Relevant professional practice certificates.
6. Bid Security; and
7. Other documents requested by The Bank.

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Note to Bidders: This Price Schedule should be signed by a person with the proper authority to
sign documents for the Bidder. It should be included by the Bidder in its bid. The Bidder may
reproduce this in landscape format but is responsible for its accurate reproduction.

B. Bidder Certification of Compliance4


Place and Date
Procurement Reference Number:
To:

Addis Ababa
Ethiopia
1. General Information About the Bidder

Bidder’s Legal Name:

In case of Joint Venture,


legal name of each party:

Place of Registration:

Legal Address in Country of


Registration:
Name:
Position:
Authorized Representative
Address:
Information
Telephone/Fax:
E-mail address:
In case of JV, letter of intent to form JV including a draft
agreement, or agreement governing formation of JV, in
accordance with ITB Sub-Clause 4.1
Attached copies of original Form Data on Joint Ventures
documents of: In case of government owned entity from The Bank’s
country, documents establishing legal and financial
autonomy and compliance with the principles of commercial
law, in accordance with ITB Sub-Clause 4.4.
We have attached an official written statement by a power of attorney (or notary statement, etc.)
proving that the above person, who signed the bid on behalf of the company/joint
venture/consortium, is duly authorized to do so.
2. Financial Standing
Has adequate financial resources to manage this Contracts established by our financial
statements, audited by an independent auditor, submitted in this Bid. The following table contains
our financial data. These data are based on our annual audited accounts. Figures in all columns
have been provided on the same basis to allow a direct, year-on-year comparison to be made.

4
One signed originalBidderCertification of Compliance Form must be supplied together with the number of copies
specified in the Instruction to Bidders. If this bid is being submitted by a joint venture/consortium, the data in the
tablesbelow must be the sum of the data provided by the joint venture/consortium members.

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Historic Information for Previous Years


FINANCIAL DATA in
Year 2 Year 1 Last Year Current Year Average
A. Information from Balance Sheet
1.Total Assets
2. Total Liabilities
I. Net Value (1-2)
3. Current Assets
4. Short-term debts
II. Working Capital (3-4)
B. Information from Income Statement
1. Total Revenue
2. Pre-tax Profits
3. Losses

Along with financial data we provided above we have attached the following documents as proof
of our financial standing, as required in the BDS:
(a).
(b).
Attached documents comply with the following conditions:
 Documents reflect the financial situation of the Bidder or partner to a Joint Venture, and not
sister or parent companies;
 Historic financial statements are audited by a certified accountant;
 Historic financial statements are complete, including all notes to the financial statements;
 Historic financial statements correspond to accounting periods already completed and audited.

Annual Turnover Data


Year Amount and Currency

Average Annual
Turnover*
*Average annual turnover calculated as total certified payments received for contracts in progress
or completed over the number of years specified in Section 3, Evaluation and Qualification
Criteria, Sub-Factor 1.3(a), divided by that same number of years.

3. Technical Qualifications, Competence, and Experience in the Procurement


Object
As proof of the technical and professional ability in providing the Services listed in our Bid the
tables below summarize the major relevant contracts successfully completed in the course of the
past years with a budget of .
Each partner of a Joint Venture should separately provide details of its own relevant contracts.

Name of Bidder or partner in a Joint Venture:


1. Name of Contract
Country

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Name of Bidder or partner in a Joint Venture:


2. Name of client
Address of client
Name of contact person
Function of contact person
Telephone number
E-mail address
Nature of Non-Consultancy services relevant to the
4. contract for which the Bidding Documents are
issued
Prime Contractor:
5. Contract role (check one) Subcontractor;
Partner in a Joint Venture
6. Overall supply value in
7. Date of award/completion
8. Final acceptance issued (check one) Yes: Not Yet No:
9. Number of staff provided
Indicate the approximate percent of total contract
value of Non-Consultancy services undertaken by
10
subcontract, if any, and the nature of such Non-
Consultancy services
11 Other relevant information

The Clients' Certificates concerning the satisfactory execution of contract reattached to this
document

4. Professional Qualifications and Capabilities


In order to proof our professional qualifications and capability the following table contains
personnel statistics for the current and the two previous years.

Year before last Last year This year


Average Specialists in Specialists in Specialists in
manpower Overall Technical Overall Technical Overall Technical
Area Area Area
Permanent
Temporary
TOTAL

The following Team Skill Matrix identifies the skills that are relevant to the role in the contract
team and are required for successful execution of the contract:

Expert Name
Role: (e.g., Project Manager, Technical Specialist, etc)
Resume Page
Knowledge Knowledge Level Comments
Reference

Resume Page
Experience Knowledge Level Comments
Reference

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Additional Knowledge and Resume Page


Knowledge Level Comments
Experience Reference

Experience indicated in the matrix is backed up in the individual’s resume.

We have used the following ratings in order to accurately reflect the skill ratings of our team:

Has exposure to education in the subject area but has not used this
U Understanding
skill set in practice.
W Working Has limited working experience using this skill set.
Has hands-on experience using this skill set to implement between 2
P Proficient
to 5 projects of various scope/complexity.
Has hands-on experience using this skill set in a key role to
X Expert
implement more than 5 projects of various scope/complexity.

5. Quality Assurance / Managerial and Control Procedures


6. Equipment and Facilities
7. The major items of equipment proposed for carrying out the Services are:

Item of Description, make Condition (new, good, poor) Owned, leased, or to be


Equipment and age (years) and number available purchased

8. Bidder's Audit Agency


9. Organization of Firm
10. Bank Account Number and Bank Address
The bank account into which payment should be made is the following:

Name
In the capacity of .

Signed

Duly authorized to sign the bid for and on behalf of .

Dated on [insert day] day of ], 20


Attachments:
1. Statement issued by a power of attorney authorizing the signatory of the Bid;
2. Audited financial statements;

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3. Documents required as proof of the bidder's financial standing, as required in the BDS.
4. Certificates of satisfactory execution of contracts provided by contracting parties to the
contracts successfully completed in the course of the past years, as required in the BDS.
5. Individual’s resume, as required in the BDS.

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C. Form - Data on Joint Venture/Consortium


Date:
Procurement Reference Number:
Alternative No:
Name of Joint
1.
Venture/Consortium
Managing Board's Address
P.O. Box:
Street Address:
Town/City:
2. Post Code:
Country:
Telephone:
Facsimile:
E-mail address
Agency in the Federal Democratic Republic of Ethiopia, if any (in the case of a joint
venture/consortium with a foreign lead member)
P.O. Box:
Street Address:
3. Town/City:
Post Code:
Telephone:
Facsimile:
E-mail address
Names of Members
Member 1
4.
Member 2
Etc.
5. Name of Lead member
Agreement governing the formation of the joint venture/consortium
6. Date of signature
Place
Proposed proportion of
responsibilities between members (in
7.
%) with indication of the type of the
works to be performed by each
Name
In the capacity of .
Signed
Duly authorized to sign the bid for and on behalf of .
Dated on [insert day] day of ], 20

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D. Curriculum Vitae for Proposed Professional Staff


1. Proposed Position:
2. Name of Firm:

3. Name of Staff:
4. Date of Birth: Nationality:
5. Education:

6. Membership of Professional Associations:

7. Other Training:

8. Countries of Work Experience:

9. Languages:
10. Employment Record:
From: _______ To:
Employer:
Positions held:
11. Detailed Tasks Assigned: 12. Work Undertaken that Best Illustrates Capability to
Handle the Tasks Assigned:
Name of assignment or project:
Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:
13. Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes
myself, my qualifications, and my experience. I understand that any willful misstatement
described herein may lead to my disqualification or dismissal, if engaged.
___________________________________________ Date:

Full name of authorized representative: ___________________________

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Note to Bidders: 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.

E. Bid Security
Date:
Procurement Reference Number:
Alternative No:
To:
Whereas (hereinafter “the Bidder”) has submitted its bid dated for Procurement reference
Number for the provision of, hereinafter called “the Bid.”
KNOW ALL PEOPLE by these presents that WE , of having our registered office at (hereinafter
“the Guarantor”), are bound unto (hereinafter “The Bank”) in the sum of , for which payment
well and truly to be made to the aforementioned Public Body, the Guarantor binds itself, its
successors or assignees by these presents. Sealed with the Common Seal of this Guarantor this ]
day of , .
THE CONDITIONS of this obligation are the following:
1. If the Bidder withdraws its bid during the period of bid validity specified by the Bidder in
the Bid Submission Sheet, except as provided in ITB Sub-Clause 19.2; or
2. If the Bidder, having been notified of the acceptance of its bid by The Bank, during the
period of bid validity, fails or refuses to:
(a) Execute the Contract; or
(b) Furnish the Performance Security, in accordance with the ITB Clause 45; or
We undertake to pay The Bank up to the above amount upon receipt of its first written demand,
without The Bank having to substantiate its demand, provided that in its demand The Bank 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.
Name:
In the capacity of
Signed:
Duly authorized to sign the bid for and on behalf of:
Dated on [insert day] day of ], 20

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Part 1: Bidding Procedures Section 5: Eligible Countries

5. Eligible Countries

Procurement Reference Number: DBE/NCB/TS/02/2020/21

All countries are eligible except countries subject to the following provisions.

A country shall not be eligible if:

(a). As a matter of law or official regulation, the Government of the Federal Democratic
Republic of Ethiopia prohibits commercial relations with that country, provided that the
Government of the Federal Democratic Republic of Ethiopia is satisfied that such
exclusion does not preclude effective competition for the provision of goods 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 the Federal
Democratic Republic of Ethiopia prohibits any import of Goods from that country or any
payments to persons or entities in that country.

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Part 2 Schedule of Requirement


Section 2. Terms of Reference

Table of Contents

Request for proposal for oracle technical training Error! Bookmark not defined.
Technical Proposal Response Form for Mandatory RequirementsError! Bookmark not defined.
B. Drawings and Performance Diagrams 5
1. List of Drawings Attached (None) 5
2. List of Performance Diagrams and Site Plans (None) 5
C. Schedule of Requirements + Technical Offer + Compliance Sheet 6
1. Technical Approach and Methodology 6
2. Work Plan 6
3. Quality Management and Tools 6
4. Organization and Staffing 6
5. Completion Schedule 6
6. Team Composition and Task Assignments 7
7. Staffing Schedule 7

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Document: Statement of Requirements SectionVI of IX Issued by:
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Term of Reference

No. TOR Content Description


1 The objectives of In this course, trainees will use fundamental security principles to
the training install and configure cyber security controls and participate in
incident response and risk mitigation.
2 The content of the
training 1.1 Chapter 1 COMPARING AND CONTRASTING
ATTACKS
 Compare and Contrast Information Security Roles
 Explain Threat Actor Types
 Compare and Contrast Social Engineering Attack Types
 Determine Malware Types

1.2 Chapter 2 COMPARING AND CONTRASTING


SECURITY CONTROLS
 Compare and Contrast Security Control and Framework Types
 Follow Incident Response Procedures

1.3 Chapter 3 ASSESSING SECURITY POSTURE WITH


SOFTWARE TOOLS
 Explain Penetration Testing Concepts
 Assess Security Posture with Topology Discovery Software Tools
 Assess Security Posture with Fingerprinting and Sniffing Software
Tools
 Assess Security Posture with Vulnerability Scanning Software
Tools

1.4 Chapter 4 EXPLAINING BASIC CRYPTOGRAPHY


CONCEPTS
 Compare and Contrast Basic Concepts of Cryptography
 Explain Hashing and Symmetric Cryptographic Algorithms
 Explain Asymmetric Cryptographic Algorithms

1.5 Chapter 5 IMPLEMENTING A PUBLIC KEY


INFRASTRUCTURE
 Implement Certificates and Certificate Authorities
 Implement PKI Management

1.6 Chapter 6 IMPLEMENTING IDENTITY AND ACCESS


MANAGEMENT CONTROLS
 Compare and Contrast Identity and Authentication Concepts
 Install and Configure Authentication Protocols
 Implement Multifactor Authentication

1.7 Chapter 7 MANAGING ACCESS SERVICES AND

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ACCOUNTS
 Install and Configure Authorization and Directory Services
 Implement Access Management Controls
 Differentiate Account Management Practices
 Implement Account Auditing and Recertification

1.8 Chapter 8 IMPLEMENTING A SECURE NETWORK


ARCHITECTURE
 Implement Secure Network Architecture Concepts
 Install and Configure a Secure Switching Infrastructure
 Install and Configure Network Access Control
 Install and Configure a Secure Routing and NAT Infrastructure

1.9 Chapter 9 INSTALLING AND CONFIGURING


SECURITY APPLIANCES
 Install and Configure Firewalls and Proxies
 Install and Configure Load Balancers
 Install and Configure Intrusion Detection/Prevention Systems
 Install and Configure Data Loss Prevention (DLP) Systems
 Install and Configure Logging and SIEM Systems

1.10 Chapter 10 INSTALLING AND CONFIGURING


WIRELESS AND PHYSICAL ACCESS SECURITY
 Install and Configure a Wireless Infrastructure
 Install and Configure Wireless Security Settings
 Explain the Importance of Physical Security Controls

1.11 Chapter 11 DEPLOYING SECURE HOST, MOBILE,


AND EMBEDDED SYSTEMS
 Implement Secure Hardware Systems Design
 Implement Secure Host Systems Design
 Implement Secure Mobile Device Systems Design
 Implement Secure Embedded Systems Design

1.12 Chapter 12 IMPLEMENTING SECURE NETWORK


ACCESS PROTOCOLS
 Implement Secure Network Operations Protocols
 Implement Secure Remote Access Protocols
 Implement Secure Remote Administration Protocols

1.13 Chapter 13 IMPLEMENTING SECURE NETWORK


APPLICATIONS
 Implement Secure Web Services
 Implement Secure Communications Services
 Summarize Secure Virtualization Infrastructure
 Summarize Secure Cloud Services

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1.14 Chapter 14 EXPLAINING RISK MANAGEMENT AND


DISASTER RECOVERY CONCEPTS
 Explain Risk Management Processes and Concepts
 Explain Resiliency and Automation Strategies
 Explain Disaster Recovery and Continuity of Operation Concepts
 Summarize Basic Concepts of Forensics

1.15 Chapter 15 SUMMARIZING SECURE APPLICATION


DEVELOPMENT CONCEPTS
 Explain the Impact of Vulnerability Types
 Summarize Secure Application Development Concepts

1.16 Chapter 16 EXPLAINING ORGANIZATIONAL


SECURITY CONCEPTS
 Explain the Importance of Security Policies
 Implement Data Security and Privacy Practices
 Explain the Importance of Personnel Management
3 Time 40 hours
allotted/duration
for the training
4 The desired No Mandatory Requirement on the institution. The trainers shall be
qualification and CompTIA Security+ certified.
experience of the
trainer /
Institution.
5 The expected Upon completion of this training trainees will be able to:
results/deliverables - Compare and contrast attacks.
- Compare and contrast security controls.
- Use security assessment tools.
- Explain basic cryptography concepts.
- Implement a public key infrastructure.
- Implement identity and access management controls.
- Manage access services and accounts.
- Implement a secure network architecture.
- Install and configure security appliances.
- Install and configure wireless and physical access security.
- Deploy secure host, mobile, and embedded systems.
- Implement secure network access protocols.
- Implement secure network applications.
- Explain risk management and disaster recovery concepts.
- Describe secure application development concepts.
- Explain organizational security concepts.

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6 Financial Criteria  Those firms that are technically fit only considered for financial
(30%) evaluation. 30% will be given to the firm that proposed the least cost
and the rest will be ranked proportionally
 Training costs such as tuition fee, material cost, and other logistics
proposed by the institute will be considered.

7 Technical Criteria 10.1 Availability of Relevant Expertise (35%): the company should submit
(70%) and trainers’ profile with relevant credentials.
 Professional Certification on the Subject Matter= 15 Points
 Minimum of B.Sc. educational qualification=5 points
 > 5 years of training delivering experience=8 points
 2-5 years of training delivering experience= 5
 1-2 years of training delivering experience= 2
10.2 Track Record of the institute in conducting similar training program
(10%).
 Years of service in providing similar training (5%)
- >5 years of Experience=5 Points
- 2-4 years of Experience=2.5 points
- 1-2 years of Experience=1 point
 Evidence of 2 major relevant training contract successfully
accomplished in the past five years (5%)
- No accomplishment of training contract= 0 point
- One(1) accomplishment of training contract=2.5 point
- Two(2) accomplishment of training contract=5 point
10.3 At least three recent letter of acknowledgement for successfully
deliver training program on subject matter (5%).
- No letter of recommendation= 0 points
- One(1) letter of recommendation= 2.5 points
- Three and above letters of recommendation=5 points
10.4 Status of physical facilities available such as training rooms, syndicate
rooms, library, internet, Availability of training aids and materials
(20%)
- Fully furnished training center= 20 points
- Moderately furnished training center= 15 points
- Poorly furnished training centre= 8 points

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A. Drawings and Performance Diagrams


1. List of Drawings Attached (None)

Procurement Reference Number:

List of Drawings Attached

No. Drawing Title Purpose

2. List of Performance Diagrams and Site Plans (None)

Procurement Reference Number:

No Diagram/Plan No Diagram/Plan Name Date

1.
2.
3.
4.

Drawings and diagrams are available for inspection from at the following address:
Person in charge:
Tel.: Fax:
E-mail:

Name
In the capacity of .
Signed
Duly authorized to sign the Bid for and on behalf of .
Dated on [insert day] day of ], 20

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B. Schedule of Requirements + Technical Offer + Compliance Sheet

Place and Date


Procurement Reference No.:
Alternative No.:

To:

Addis Ababa
Ethiopia

A. The Bidders are requested to complete the template, as follows:


 The second column shows the requested minimum requirements of the service(s) to be
provided (not to be modified by the Bidder).
 The fifth column to be filled in by the Bidder shows what services are offered (the
words “compliant” or “yes” are not sufficient).
 The sixth column allows the Bidder to state whether the offered services "comply" or
do "not comply" giving details of the areas of non-compliance and to make remarks on
his proposed service and to indicate references to the documentation supplied.
B. The Bidder must be clear enough to allow the evaluators to make an easy comparison
between the requested services and the offered services.

Remark on
Item Minimum Requirementsof the Unit of
Quant Services Offered Compliance of
No. Service(s) to be Provided Measure
Services Offered
1 2 3 4 5 6

1. Technical Approach and Methodology


2. Work Plan
3. Quality Management and Tools

4. Organization and Staffing
5. Completion Schedule
Completion Period Delivery
Item Description of Unit of
Qty st nd rd th th th th th th Location/
No. Services Measure 1 2 3 4 5 6 7 8 9 10th 11th 12th
Site

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Completion Period Delivery


Item Description of Unit of
Qty st nd rd th th th th th th Location/
No. Services Measure 1 2 3 4 5 6 7 8 9 10th 11th 12th
Site

6. Team Composition and Task Assignments


Professional Staff
Area of
Name Firm Position Tasks Assigned
Expertise

7. Staffing Schedule

Staff Input Total Staff Input


Foreign/
No Name of Staff
National
1 2 3 4 5 6 7 8 9 10 11 12 Home Field Total
Foreign
1

Subtotal 1
Local
1

Subtotal 2
Total

Full time input

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Part-time input

Name
In the capacity of .

Signed

Duly authorized to sign the bid for and on behalf of .

Dated on [insert day] day of ], 20


Attachment:
1. Description of the organization of the warranty offered in accordance with the conditions laid
down in GCC Clause 24;
2. Drawings and Performance Diagrams .

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Document: Statement of Requirements Page 8 of 7 Issued by:
Part 3: Contract Section 7: General Conditions of Contract

Part 3 Contract
Section 3. General Conditions of
Contract
Table of Clauses

A. General Provisions 1
1. Definitions 1
2. Appointment 3
3. Relationship of the Parties 3
4. Due Diligence 4
5. Fraud and Corruption 4
6. Interpretation 5
B. The Contract 6
7. Contract Documents 6
8. Governing Law 6
9. Language 6
10. Notices and written communications 7
11. Authorized Officers 7
12. Assignment 7
13. Subcontracting 7
14. Modifications and Contract Amendments 8
15. Change in Laws and Regulations 9
16. Taxes and Duties 9
17. Force Majeure 9
18. Breach of Contract 10
19. Suspension of Assignment 10
20. Termination 10
21. Arrangements on Termination 12
22. Cessation of Rights and Obligations 13
23. Cessation of Services 13
24. Warranty 13
25. Settlement of Disputes 13
26. Liquidated Damages 14
27. Commencement of Services and Supplier's Program 14
28. Intended Completion Date 15
29. Confidentiality 15

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30. Miscellaneous 16
C. Obligations of The Bank 17
31. Provision of Information and Assistance 17
D. Payment 17
32. Contract Price 17
33. Price Adjustments 17
34. Mode of Billing and Terms of Payment 18
35. Resources 19
E. Obligations of the Supplier 19
36. Supplier’s Responsibilities 19
37. Joint Venture, Consortium or Association 20
38. Eligibility 20
39. Code of Conduct 20
40. Conflict of Interests 21
41. Indemnification and Limitation of Liability 22
42. Insurance to be Taken Out by the Supplier 22
43. Health and Safety 23
44. Intellectual and industrial property rights 24
45. Service Information 24
46. Accounting, Inspection and Auditing 25
47. Data Protection 25
48. Review 26
49. Performance Security 26
F. Performance of the Contract 27
50. Scope of Services 27
51. Deliverables 27
52. Performance of the Services 27
53. Performance Measurement 28
54. Location 30
55. Use of Public Body's Sites 30
56. Equipment and Materials 30
57. Supplier’s Personnel 31
58. Key Personnel 34
59. Control and Supervision of Staff 34
60. Working hours of the Personnel 35
61. Replacement of Personnel 35
62. Extensions of Time 36

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Document: General Conditions of Contract SectionVII of IX Issued by:
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Section 7 General Conditions of Contract


A. General Provisions
1. Definitions

1.1 The headings and titles of these General Conditions of Contract shall not limit, alter or affect the
meaning of the Contract.
1.2 The following words and expressions shall have the meanings hereby assigned to them:

(a). "Authorized Officer" means a person designated as such by The Bank from time to time
as notified in writing to the Supplier to act as the representative of
The Bank for all purposes connected with the Contract, including
any authorized representative of such person;
(b). "Bankrupt" means with respect to any entity, such entity (i) files a petition or
otherwise commences, authorizes or acquiesces in the
commencement of a proceeding or cause of action under any
bankruptcy, insolvency, reorganization or similar law, or has any
such petition filed or commenced against it, (ii) makes an
assignment or any general arrangement for the benefit of creditors,
(iii) otherwise becomes bankrupt or insolvent (however evidenced),
(iv) has a liquidator, administrator, receiver, trustee, conservator or
similar official appointed with respect to it or any substantial portion
of its property or assets, or (v) is generally unable to pay its debts as
they fall due;
(c). "Completion" means the fulfilment of the Contract by the Supplier in accordance
with the terms and conditions set forth in the Contract;
(d). "Contract Documents" means the documents listed in the GCC, including all attachments,
appendices, and all documents incorporated by reference therein,
and shall include any amendments thereto;
(e). "Contract Manager" means a person designated as such by the Supplier from time to time
as notified in writing to The Bank to act as the duly authorized
representative of the Supplier for all purposes connected with the
Contract, including any authorized representative of such person;
(f). "Contract Price" means the money payable by The Bank to the Supplier based on the
Contract Agreement and shall include all royalties, license fees or
similar expenses in respect of the making, use or exercise by the
Supplier of any Intellectual Property or Intellectual Property Rights
for the purpose of performing the Contract;
(g). "Contract" means the binding Contract Agreement entered into between The
Bank and the Supplier, comprising Contract Documents referred to
therein, including all attachments, appendices, and all documents
incorporated by reference therein,
(h). "Day" means calendar day;

(i). "Delivery" means the transfer of the Services from the Supplier to The Bank in
accordance with the terms and conditions set forth in the Contract;
(j). "Eligible Countries" means the countries and territories eligible as listed in Section 5 of
the Bidding Document;
(k). "General Conditions of hereinafter referred to as “GCC”, means the conditions in this

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Contract" section of the Contract, which shall govern the Contract, except
where amended by the SCC or Contract Agreement;
(l). "Good Industry means the exercise of that degree of skill, diligence and foresight
Practice" which would reasonably and ordinarily be expected from a skilled
and experienced supplier engaged in the provision of services
similar to the Services under the same or similar circumstances as
those applicable to the Contract and which are in accordance with
any codes of practice published by relevant trade associations;
(m). "Government" means the Government of the Federal Democratic Republic of
Ethiopia;
(n). "In writing" shall be interpreted to include any document which is recorded in
manuscript or typescript;
(o). "Insurances" all or any of the policies of insurance required to be maintained by the
Supplier pursuant to this Contract as set out in Clause 43;
(p). "Liquidated damages" Means the compensation stated in the contract as being payable by
Supplier to The Bank for failure to perform the contract or part
thereof within the periods under the contract, or as payable by
Supplier to The Bank for any specific breach identified in the
contract;
(q). "Location" means the location for the delivery of the Services as set out in the
Contract or as otherwise agreed in writing between The Bank and
the Supplier;
(r). "Party" means The Bank or the Supplier and includes their permitted
successors and “Parties” means both of them;
(s). "Personal Data" means data that relates to a living individual who can be identified
from such data, and/or from such data and other information which
is in the possession of, or is likely to come into the possession of the
Supplier and includes any expression of opinion about an individual
and any indication of the intentions of the Supplier in respect of an
individual;
(t). "Personnel" means persons engaged by the Supplier or by any Subcontractor as
employees and assigned to the performance of the Services or any
part thereof;
(u). "Public Body" means public body, which is partly or wholly financed by the
Federal Government Budget, higher education institutions, and
public institutions of like nature which has the powers and duties to
conclude a Contract for the provision of Services, as named in the
SCC;
(v). "Services Purchase or acronym "SPO" means an individual order for Services issued by
Order" Public Body pursuant to the terms, conditions, and pricing
established in a Contract. Each individual Service Purchase Order is
a binding contractual instrument and will reference and incorporate
the terms and conditions of this Contract and specify the scope of
work, delivery schedule, and price;
(w). "Services" Mean any object of procurement other than works, goods and
consultancy services to be performed by the Supplier as described in
the contract;
(x). "Special Conditions of hereinafter referred to as “SCC”, means the conditions attached to
Contract" the Contract Agreement, which shall govern the Contract and shall
prevail over these General Conditions of Contract;

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(y). "Sub-contract" means any contract or agreement or proposed contract or agreement


between the Supplier (or any agent, servant or sub-contractor of the
Supplier) and any third party whereby that third party agrees to
provide to the Supplier (or the relevant agent, servant or sub-
contractor of the Supplier) the Services or any part thereof or
facilities or services necessary for the provision of the Services or
any part thereof or necessary for the management, direction or
control of the Services or any part thereof but excluding contracts or
agreements between the Supplier (or any agent, servant or sub-
contractor of the Supplier) and any third party which relate to the
provision of facilities or services in the normal course of operating
the Supplier's (or the relevant agent's, servant's or sub-contractor's)
business;
(z). "Subcontractor" means any natural person, private or government entity, or a
combination of the above, including its legal successors or permitted
assigns, to whom any part of the Services to be performed or
execution of any part of the Services is subcontracted by the
Supplier;
(aa)."Supplier" means a natural or juridical person under contract with a Public
Body to supply services;;
2. Appointment

2.1 The Bank appoints the Supplier to provide the Services:


(a). Promptly (and in any event within any time targets as may be set out in the Section 6,
Schedule of Requirements) and in a professional and courteous manner so as to reflect and
promote the image of The Bank;
(b). Strictly in accordance with the Schedule of Requirements and all provisions of the Contract;
and
(c). In accordance with all applicable laws and regulations of the Federal Democratic Republic of
Ethiopia and Good Industry Practice; and
(d). In accordance with the policies, rules, and procedures of the appropriate Authority as amended
from time to time.
(e). In accordance with the quality standards set by the Quality and Standards Authority of
Ethiopia (QSAE) and applicable international standards;
(f). In accordance with the terms and conditions of appointment as provided in this Clause in
consideration of the Contract Price.

3. Relationship of the Parties

3.1 The Supplier shall not incur any liabilities on behalf of The Bank or enter into any contract or
obligation on behalf of The Bank.
3.2 The Supplier shall be an independent contractor performing the Contract. The Contract does not
create any agency, partnership, joint venture, or other joint relationship between the parties to the
Contract.
3.3 Subject to the provisions of the Contract, the Supplier shall be solely responsible for the manner in
which the Contract is performed. All employees, representatives, or Subcontractors engaged by
the Supplier in connection with the performance of the Contract shall be under the complete
control of the Supplier and shall not be deemed to be employees of The Bank, and nothing

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contained in the Contract or in any subcontract awarded by the Supplier shall be construed to
create any contractual relationship between any such employees, representatives, or
Subcontractors and The Bank.
4. Due Diligence
4.1 The Supplier acknowledges that it:
(a). Has made and shall make its own enquiries to satisfy itself as to the accuracy and adequacy of
any information supplied to it by or on behalf of The Bank;
(b). Has raised all relevant due diligence questions with The Bank before the Effective Date; and
(c). Has entered into this Contract in reliance on its own due diligence alone.
4.2 The Supplier acknowledges that it has inspected the Operating Environment and has advised The
Bank of any aspect of the Operating Environment that is not suitable for the provision of the
Services and that the specified actions to remedy the unsuitable aspects of the Operating
Environment, together with a timetable for and the costs of those actions, have been specified in
the relevant parts of the Contract for the Pre-Operational Phase.
4.3 If the Supplier has either failed to inspect the Operating Environment or failed to notify the
Customer of any required remedial actions in accordance with Clause 4.2 then the Supplier shall
not be entitled to recover any additional costs or charges from The Bank relating to any unsuitable
aspects of the Operating Environment nor shall the Supplier be entitled to seek relief in respect of
any Default arising from such failure. The responsibility shall be on the Supplier to prove to The
Bank that any work to Public Body's Premises is required in respect of a latent structural defect
and the additional costs or charges are reasonable and necessary. The Supplier shall not incur such
additional costs or charges without obtaining The Bank's prior written consent.
4.4 Any disputes relating to due diligence shall be resolved in accordance with the Ethiopian Law.
5. Fraud and Corruption
5.1 It is the Government of the Federal Democratic Republic of Ethiopia’s policy to require that
Public Body, as well as bidders/suppliers, to observe the highest standards of ethics during the
procurement and the execution of contracts. In pursuance of this policy, the Government of the
Federal Democratic Republic of Ethiopia represented by the Public Procurement and Property
Administration Agency(herein referred to as the Agency) requires that Contracting Authorities
shall include in bidding documents, provisions against corrupt practices.
5.2 The Agency defines, for the purposes of these provisions, the terms set forth below as follows:
(a). “Corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of
anything of value to influence the action of a public official in the procurement process or in
contract execution, and
(b). “Fraudulent practice” isany act or omission, including misrepresentation that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to
avoid an obligation.
(c). “Collusive practices" is a scheme or arrangement between two or more Suppliers, with or
without the knowledge of The Bank, designed to establish prices at artificial, noncompetitive
levels, and
(d). “Coercive practices” is harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in a procurement process, or affect the execution of a
contract.
(e). "Obstructive practice" is

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(i) deliberately destroying, falsifying, altering or concealing of evidence material to the


investigation or making false statements to investigators in order to materially impede
the Federal Ethics and Anticorruption Commission, the Federal Auditor General and the
Public Procurement and Property Administration Agency or their auditors' investigation
into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent their from disclosing their
knowledge of matters relevant to the investigation or from pursuing the investigation, or
(f). acts intended to materially impede the exercise of inspection and audit rights provided for
under GCC Sub-clause 45.2.
5.3 The Agency will debar a Supplier from participation in public procurement for a specified period
of time if it at any time determines that the Supplier has engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices in competing for, or in executing, a contract.
5.4 The Agency reserves the right, where a Supplier has been found by a national or international
entity to have engaged in corrupt or fraudulent practice, to declare that such a Supplier is
ineligible, for a stated period of time, to be awarded a Government funded contract.
5.5 The Agency will have the right to require that, in contracts funded by the Government of Ethiopia,
a provision be included requiring suppliers to permit the Agency to inspect their accounts and
records relating to the performance of the contract and to have them audited by auditors appointed
by the Agency, if the supplier engages in any corrupt practice.
5.6 Any communications between the Supplier and The Bank or the Agency related to matters of
alleged fraud or corruption must be made in writing.

6. Interpretation

6.1 If the context so requires it, singular means plural and vice versa.

6.2 In these terms and conditions, words referring any particular gender include all other genders.

6.3 Entire Agreement


The Contract constitutes the entire agreement between The Bank and the Supplier and
supersedes all communications, negotiations and agreements of parties with respect thereto
made prior to the date of Contract.
6.4 Amendment
No amendment or other variation of the Contract shall be valid unless it is in writing, is dated,
expressly refers to the Contract, and is signed by a duly authorized representative of each party
thereto.
6.5 Nonwaiver
(a). Subject to GCC Sub-Clause 6.5(b) below, no relaxation, forbearance, delay, or indulgence by
either party in enforcing any of the terms and conditions of the Contract or the granting of
time by either party to the other shall prejudice, affect, or restrict the rights of that party under
the Contract, neither shall any waiver by either party of any breach of Contract operate as
waiver of any subsequent or continuing breach of Contract.
(b). Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing,
dated, and signed by an authorized representative of the party granting such waiver, and must
specify the right and the extent to which it is being waived.

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6.6 Severability
If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable,
such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any
other provisions and conditions of the Contract.
B. The Contract
7. Contract Documents

7.1 The documents forming the Contract shall be interpreted in the following order of precedence in
the event of any conflict between the documents comprising this Contract:
(a). Agreement;
(b). The Special Conditions of Contract;
(c). The General Conditions of Contract;
(d). Bid Submission Sheet with Annexes;
(e). Price Schedule;
(f). List of accepted items including their unit price;
(g). Bidder Certification of Compliance with Annexes;
(h). Schedule of Requirements + Technical Offer + Compliance Sheet with Annexes;
(i). Any other document listed in the SCC as forming part of the Contract.
7.2 All documents forming the Contract are intended to be correlative, complementary, and mutually
explanatory.
7.3 Any action required or permitted to be taken, and any document required or permitted to be
provided, under the Contract by The Bank or the Supplier may be taken or provided by the
authorized representatives specified in the SCC.
7.4 The Contract constitutes the entire agreement between The Bank and the Supplier and supersedes
all communications, negotiations and agreements (whether written or oral) of parties with respect
thereto made prior to the date of Contract. No agent or representative of either Party has authority
to make, and the Parties shall not be bound by or be liable for, any statement, representation,
promise or agreement not set forth herein.

8. Governing Law

8.1 The Contract shall be governed by and interpreted in accordance with the laws of the Federal
Democratic Republic of Ethiopia, unless otherwise stated in SCC.

9. Language

9.1 The Contract as well as all written and oral communication and documents relating to the Contract
exchanged by the Supplier and The Bank, shall be in language specified in the SCC.Supporting
documents and printed literature that are part of the Contract may be in another language, but any
documents provided in another language must be accompanied by an accurate translation into
language specified in the SCC. For purposes of interpretation of the Contract, this translation shall
govern.

9.2 The Supplier shall bear all costs of translation to the governing language and all risks of the

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accuracy of such translation.

10. Notices and written communications

10.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract
shall be in writing. The term “in writing” means communicated in written form with proof of
receipt.
10.2 Any such notice, request or consent shall be deemed to have been given or made when delivered
in person to an authorized representative of the Party to whom the communication is addressed, or
when sent to such Party at the address specified in the SCC.
10.3 A Party may change its address for notice hereunder by giving the other Party notice in writing of
such change to the address specified in the SCC.

11. Authorized Officers

11.1 Any notice, information or communication given to or made by an Authorized Officer shall be
deemed to have been given or made by The Bank.
11.2 The Supplier shall decline from supplying the Services to any of The Bank's staff who are not
Authorized Officers.

12. Assignment

12.1 An assignment is a written agreement by which the Supplier transfers its contract or part thereof
to a third party.
12.2 The Supplier shall not, without the prior written consent of The Bank, assign the Contract or any
part thereof, or any benefit or interest thereunder, except in the following cases.
(a). A charge, in favor of the Supplier's bankers, of any monies due or to become due under the
Contract; or
(b). Assignment to the Supplier's insurers of the Supplier's right to obtain relief against any
other person liable in cases where the insurers have discharged the Supplier's loss or
liability.
12.3 For the purpose of GCC Clause 12.2 the approval of an assignment by The Bank shall not relieve
the Supplier of its obligations for the part of the Contract already performed or the part not
assigned.
12.4 If the Supplier has assigned his Contract without authorization, The Bank may, without giving
formal notice thereof, apply as of right the sanctions for breach of Contract provided for in GCC
Clauses 18 and 20.
12.5 Assignees must satisfy the eligibility criteria applicable for the award of the Contract and they can
not be in any of the situations excluding them from participating in Contract.
12.6 Every assignment shall be subject to the provisions of this Contract and shall incorporate the
terms and conditions of this Contract.

13. Subcontracting

13.1 A sub-contract shall be valid only if it is a written agreement by which the Supplier entrusts
performance of a part of the Contract to a third party.

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13.2 In the event the Supplier requires the services of sub-contractors that are not included in the
Contract, the Supplier shall obtain the prior written approval and clearance of Public Body for all
sub-contractors. The services to be sub-contracted and the identity of the subcontractors shall be
notified to The Bank. The Bank shall with due regard to the provisions of GCC Clause 10 within
15 days of receipt of the notification, notify the Supplier of its decision, stating reasons should he
withhold such authorization.
13.3 The terms of any sub-contract shall be subject to and conform to the provisions of this Contract.
13.4 The Bank shall have no contractual relations with the Sub-Contractors.
13.5 Sub-contractors must satisfy the eligibility criteria applicable to the award of the contract and they
can not be in any of the situations excluding them from participating in contract.
13.6 The Supplier shall be responsible for the acts, defaults and negligence of his Sub-Contractors and
their agents or employees, as if they were the acts, defaults or negligence of the Supplier, his
agents or employees. The approval by The Bank of the sub-contracting of any part of the contract
or of the Sub-Contractor to perform any part of the services shall not relieve the Supplier of any of
his obligations under the contract.
13.7 If the Supplier enters into a subcontract without approval, The Bank may apply, as of right
without giving formal notice thereof, the sanctions for breach of contract provided for in GCC
Clauses 18 and 20.
13.8 If a Sub-Contractor is found by The Bank to be incompetent in discharging its duties, The Bank
may request the Supplier forthwith, either to provide a Sub-Contractor with qualifications and
experience acceptable to The Bank as a replacement, or to resume the implementation of the tasks
itself.

14. Modifications and Contract Amendments

14.1 The Bank may at any time request the Supplier through notice in accordance GCC Clause 10, to
make changes within the general scope of the Contract.

14.2 If any such change causes increase or decrease in the time required for the Supplier’s performance
of any provisions under the Contract an equitable adjustment shall be made in the
Delivery/Completion Schedule, or both, and the Contract shall accordingly be amended. Any
claims by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28)
days from the date of the Supplier’s receipt of The Bank's change order.

14.3 Prices to be charged by the Supplier for any Related Services that might be needed but which
were not included in the Contract shall be agreed upon in advance by the parties.
14.4 Any change to the terms of the Contract must be recorded in writing and executed by authorized
signatory of the Supplier and the Authorized Officer. Such record of the change in question must
address all consequential amendments required to be made to the Contract as a result of such
change.
14.5 Changes will take effect as from the date specified in the signed record of change and shall not
have retrospective effect unless expressly provided for in such record.
14.6 Each record of change must be dated and sequentially numbered. Each of The Bank and the
Supplier will be entitled to an original executed counterpart of the record of variation.
14.7 Except as provided in any such record of variation, the Contract will continue in full force and
effect.

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15. Change in Laws and Regulations

15.1 Unless otherwise expressly agreed in the SCC,if, after the deadline for submission of the Bid, any
law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated,
abrogated, or changed in the Federal Democratic Republic of Ethiopia where the Site is located
(which shall be deemed to include any change in interpretation or application by the competent
authorities) that subsequently affects the Delivery Date and/or the Contract Price, then such
Contract Price shall not be correspondingly increased or decreased and/or the Delivery Date shall
not be adjusted to the extent that Supplier has thereby been affected in the performance of any of
its obligations under the Contract.
16. Taxes and Duties
16.1 The Supplier shall bear and pay all taxes, duties, and levies imposed on the Supplier, by all
municipal, state or national government authorities, both within and outside the Federal
Democratic Republic of Ethiopia, in connection with the provision of the Services to be supplied
under the Contract, unless otherwise specified in the SCC.

17. Force Majeure

17.1 For the purposes of the Contract, “Force Majeure” shall mean an event or events which are
beyond the reasonable control of a Supplier, and which makes a Supplier’s performance of its
obligations hereunder impossible or so impractical as reasonably to be considered impossible in
the circumstances, and includes:
(a). An official prohibition preventing the performance of a contract,
(b). A natural catastrophe such as an earthquake, fire, explosion lightening, floods, or other
adverse weather conditions, or
(c). International or civil war, or
(d). The death or a serious accident or unexpected serious illness of the supplier, or
(e). Other instances of Force Majeure identified as such by the civil code.
17.2 The following occurrences shall not be deemed to be cases of Force Majeure:
(a). A strike or lock-out taking of a party or affecting the branch of business in which he carries
out his activities, or
(b). An increase or reduction in the price of raw materials necessary for the performance of the
contract, or
(c). The enactment of new legislation where by the obligations of the debtor becomes more
onerous, or
(d). Any event which is caused by the negligence or intentional action of a Supplier or such
Supplier’s Subcontractors or agents or employees; or
(e). Any event which a diligent Party could reasonably have been expected to both:
(i) Take into account from the effective date of the Contract; and
(ii) Avoid or overcome in the carrying out of its obligations; or
(f). Insufficiency of funds or failure to make any payment required hereunder.
17.3 The failure of a Supplier to fulfill any of its obligations hereunder shall not be considered to be a
breach of, or default under, the Contract insofar as such inability arises from an event of Force
Majeure, provided that the Supplier affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures, all with the objective of carrying out

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the terms and conditions of the Contract.


17.4 A Supplier affected by an event of Force Majeure shall take all reasonable measures to
(a). Remove such Supplier’s inability to fulfill its obligations hereunder with a minimum of delay;
and
(b). Minimize the consequences of any event of Force Majeure.
17.5 A Supplier affected by an event of Force Majeure shall notify The Bank of such event as soon as
possible, and in any event not later than fourteen (14) days following the occurrence of such
event, providing evidence of the nature and cause of such event, and shall similarly give notice of
the restoration of normal conditions as soon as possible.
17.6 During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Supplier shall be entitled to continue to be paid under the terms of the Contract as
well as to be reimbursed for additional costs reasonably and necessarily incurred by them during
such period for the purposes of the Services and in reactivating the Services after the end of such
period.
17.7 Not later than thirty (30) days after the Supplier, as the result of an event of Force Majeure, has
become unable to provide the Services, the Parties shall consult with each other in good faith and
use all reasonable endeavors to agree appropriate terms to mitigate the effects of the Force
Majeure Event and facilitate the continued performance of the Contract..

18. Breach of Contract

18.1 Either party commits a breach of contract where it fails to discharge any of its obligations under
the specific contract.
18.2 Where a breach of contract occurs, the party injured by the breach shall be entitled to the
following remedies:
(a). Compensation / Claim for liquidated damages as specified in GCC Clause 26; and/or
(b). Termination of the contract.
18.3 In any case where The Bank is entitled to damages, it may deduct such Suspension damages from
any sums due to the Supplier or call on the appropriate guarantee.

19. Suspension of Assignment

19.1 The Bank may, by written notice of suspension of the assignment to the Supplier, suspend all
payments to the Supplier hereunder if the Supplier fails to perform any of its obligations under the
Contractprovided that such notice of suspension shall:
(a). Specify the nature of the failure; and
(b). Request the Supplier to remedy such failure within a period not exceeding thirty (30) days
after receipt by the Supplier of such notice of suspension.

20. Termination

20.1 Termination shall be without prejudice to any other rights or powers under the contract of The
Bank and the Supplier.
20.2 In addition to the grounds for termination defined in these General Conditions, The Bank may, by
not less than thirty days written notice of termination to the Supplierstating the reason for
termination of the contract and the date on which such termination becomes effective. (except in

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the event listed in paragraph (o) below, for which there shall be a written notice of not less than
sixty days), such notice to be given after the occurrence of any of the events specified in GCC
Sub-Clause 20.2 (a) to (p), terminate the Contract if:
(a). The supplier fails to provide any or all of the Services within the period specified in the
Contract, or within any extension thereof granted by The Bank pursuant to GCC Clause62 or
if the Services do not meet the Schedule of Requirements stated in the Contract;
(b). The Supplier fails to remedy a failure in the performance of their obligations as specified in a
notice of suspension of assignment pursuant to GCC Clause 19 within thirty days of receipt of
such notice of suspension of assignment or within such period other agreed between the
Parties in writing;
(c). The Supplier becomes insolvent or bankrupt or enters into any agreements with its creditors
for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation
or receivership whether compulsory or voluntary, other than for a reconstruction or
amalgamation;
(d). The Supplier fails to comply with any final decision reached as a result of direct informal
negotiation pursuant to GCC Sub-Clause 25.2 hereof;
(e). The Supplier is unable as the result of Force Majeure, to perform a material portion of the
Services for a period of not less than sixty days;
(f). The Supplier assigns the contract or sub-contracts without the authorization of The Bank;
(g). The Supplier has been guilty of grave professional misconduct proven by any means which
The Bank can justify;
(h). The Supplier has been declared to be in serious breach of contract financed by the Federal
Democratic Republic of Ethiopia's budget for failure to comply with its contractual
obligations.
(i). The Supplier has been engaged in corrupt or fraudulent practices in competing for or in
executing the Contract.
(j). Any organizational modification occurs involving a change in the legal personality, nature or
control of the Supplier, unless such modification is recorded in an addendum to the Contract;
(k). Any other legal disability hindering performance of the Contract occurs;
(l). The Supplier fails to provide the required guarantees or insurance, or the person providing the
underlying guarantee or insurance is not able to abide by its commitments.
(m). Where the procurement requirement of The Bank changes for any apparent or obvious reason;
(n). Where it emerges that the gap between the value of the Contract and the prevailing market
price is so wide that allowing the implementation of the contract to proceed places The Bank
concerned at a disadvantage;
(o). The Bank, in its sole discretion and for any reason whatsoever, decides to terminate the
Contract.
(p). The accumulated liquidated damage reached its maximum as stated in GCC Clause 26.1(b).
20.3 The Supplier may, by not less than thirty days written notice to The Bank, of such notice to be
given after the occurrence of any of the events specified in GCC Sub-Clause 20.3 (a) to (d)
terminate the Contract if:
(a). The Bank fails to pay any money due to the Supplier pursuant to the Contract and not subject
to dispute pursuant to Clause 25, within forty-five days after receiving written notice from the
Supplier that such payment is overdue;
(b). The Bank is in material breach of its obligations pursuant to the Contract and has not remedied

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the same within forty-five days (or such longer period as the Supplier may have subsequently
approved in writing) following the receipt by The Bank of the Supplier’s notice specifying
such breach;
(c). The Supplier is unable as the result of Force Majeure, to perform a material portion of the
Services for a period of not less than sixty days; or
(d). The Bank fails to comply with any final decision reached as a result of settlement of disputes
pursuant to GCC Clause 25 hereof.
20.4 If either Party disputes whether an event specified GCC Sub-Clauses 20.2 (a) to (n) or GCC Sub-
Clause 20.3 has occurred, such Party may, within forty-five days after receipt of notice of
termination from the other Party, refer the matter to settlement of disputes pursuant to GCC
Clause 25 and the Contract shall not be terminated on account of such event except in accordance
with the terms of any resolution award.
20.5 In the event The Bank terminates the Contract pursuant to the GCC Sub-Clause 20.2 (a) to (n) The
Bankmay procure, upon such terms and in such manner as it deems appropriate, Services similar
to those undelivered or not performed, and the Supplier shall be liable to The Bankfor any
additional costs for such similar Services. However, the Supplier shall continue performance of
the Contract to the extent not terminated.
20.6 If The Bank terminates the Contract in the event specified in GCC Sub-Clause 20.2 (o) the notice
of termination shall specify that termination is for The Bank'sconvenience, the extent to which
performance of the Supplier under the Contract is terminated, and the date upon which such
termination becomes effective.
20.7 If The Bank terminates the Contract in the event specified in GCC Sub-Clause 20.2 (o) Public
Body shall reimburse the Supplier for all reasonable costs incurred by the Supplier prior to receipt
of the notice of termination.
20.8 In the event The Bank terminates the Contract pursuant to the GCC Sub-Clause 20.2 (c)
termination will be without compensation to the Supplier, provided that such termination will not
prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to The
Bank.
20.9 In the event of any termination by The Bank under this Clause, for the avoidance of doubt, the
Supplier will not be restricted from making any claim in respect of the Contract Price to the extent
the Contract Price is outstanding and due and payable.

21. Arrangements on Termination

21.1 The Bank and the Supplier agree that termination or expiry of the Contract shall not affect either
Party's obligations which the Contract provides shall survive the expiration or termination of the
Contract.
21.2 After termination or expiry all data, documents and records (whether stored electronically or
otherwise) relating in whole or in part to the provided Services shall be delivered by the Supplier
to The Bank provided that the Supplier shall be entitled to keep copies thereof to the extent that
the information contained therein does not relate solely to the Services or to the extent that the
Supplier is required by law to maintain copies thereof or to the extent that the Supplier was
possessed of such data documents and records prior to the date of the Contract. In addition, the
Supplier shall co-operate fully with The Bank during the handover leading to the termination of
the Contract. This co-operation shall extend to full access to all documents, reports, summaries
and any other information required to achieve an effective transition without disruption to routine

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operational requirements.

22. Cessation of Rights and Obligations

22.1 Upon termination of the Contract pursuant to GCC Clauses 20, or upon completion of the
Contract, all rights and obligations of the Parties hereunder shall cease, except
(a). Such rights and obligations as may have accrued on the date of termination or expiration;
(b). The Supplier’s obligation to permit inspection, copying and auditing of their accounts and
records set forth in GCC Clause 45; and
(c). Any right which a Party may have under the Governing Law
(d). The warranty right provided for under Clause 24.

23. Cessation of Services

23.1 Upon termination of the Contract by notice of either Party to the other pursuant to GCC Clause 20
the Supplier shall, immediately upon dispatch or receipt of such notice, take all necessary steps to
bring the Services to a close in a prompt and orderly manner and shall make every reasonable
effort to keep expenditures for this purpose to a minimum.

24. Warranty

24.1 The Supplier warrants to The Bank that it has all necessary corporate standing and authorization
to enter into and be bound by the terms of the Contract. At all times in connection with the
Contract, the Supplier shall be an independent Supplier and nothing in the Contract shall create a
relationship of agency or partnership or a joint venture as between the Supplier and The Bank and
accordingly the Supplier shall not be authorized to bind The Bank.
24.2 The Supplier warrants that the Contract Price payable by The Bank in respect of Service under
this Contract and the price charged by the Supplier for items which are used in the provision of a
Service (where those items are charged separately), will be no less favorable than the price paid
by any other purchasers of a substantially similar product or service from the Supplier in similar
circumstances and using substantially the same terms and conditions.
24.3 The Supplier shall, on request from The Bank, provide to The Bank all documents and other
information reasonably required to substantiate the prices of the separately charged items claimed.
24.4 Unless otherwise specified in the SCC, the warranty shall remain valid for twelve (12) months
after the Services have been provided to and accepted at the location indicated in the GCC Clause
50.2.

25. Settlement of Disputes

25.1 During any dispute, including a dispute as to the validity of the Contract, it is mutually agreed that
the Supplier shall continue its performance of the provisions of the Contract (unless The Bank
requests in writing that the Supplier does not do so).
25.2 The Bank and the Supplier shall make every effort to resolve amicably by direct informal
negotiation any disagreement, controversy or dispute arising between them under or in connection
with the Contract or interpretation thereof.
25.3 If a dispute arises between The Bank and the Supplier in relation to any matter which cannot be
resolved by the Authorized Officer and the Supplier's Contract Manager either of them may refer

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such dispute to the procedure described in ITB Sub-Clause 25.4.


25.4 In the second instance each of The Bank and the Supplier shall appoint more senior
representatives than those referred to in Sub-Clause 25.3 to meet solely in order to resolve the
matter in dispute. Such meeting(s) shall be minuted and shall be chaired by The Bank (but the
chairman shall not have a casting vote). Such meeting(s) shall be conducted in such manner and at
such venue (including a meeting conducted over the telephone) as to promote a consensual
resolution of the dispute in question at the discretion of the chairman.
25.5 If the Parties fail to resolve such a dispute or difference amicably within twenty-eight (28) days
from the commencement of such procedure, either party may require that the dispute be referred
for resolution through the courts in accordance with Ethiopian Law.
25.6 Only those Public Bodies that are allowed by law to proceed to arbitration can do so.

26. Liquidated Damages

26.1 Except as provided under GCC Clause 17, if the Supplier fails to perform any or all of the
Services within the period specified in the Contract, The Bank may without prejudice to all its
other remedies under the Contract, deduct from the Contract Price, as liquidated damages the
following:
(a). A penalty of 0.1% or 1/1000 of the value of undelivered item for each day of delay until actual
delivery or performance,
(b). The cumulative penalty to be paid by the supplier shall not exceed 10% of the contract price.
26.2 If the delay in performing the contract affects its activities, The Bank may terminate the contract
by giving advance notice to the Supplier pursuant to GCC Clause 20 without any obligation to
wait until the penalty reaches 10% of the value of the Contract.

27. Commencement of Services and Supplier's Program

27.1 The Supplier shall commence the Services within the time period from the date the Contract is
signed by both parties as specified in the SCC.

27.2 If the Contract has not become effective within such time period after the date of Contract stated
in GCC Sub-Clause 27.1, either Party may, by not less than four weeks’ written notice to the other
Party, declare the Contract to be null and void, and in the event of such a declaration by either
Party, neither Party shall have any claim against the other Party with respect hereto.
27.3 Before commencement of the Services, the Supplier shall submit to The Bank for approval its
Program of implementation of the tasks, broken down by activity and by month and include the
following information:
(a). the order and timing of the operations the Supplier plans to do in order to provide the Services;
(b). a general description of the method including the sequence, by month and by nature which the
Supplier proposes to carry out the Services;
(c). an organization chart containing the names and qualifications of the staff responsible for the
Site
(d). a plan for the setting out and organization of the Site
(e). such further details and information as The Bank may reasonably require.
27.4 The Bank may, at any time, instruct the Supplier to change the Program for any reason.

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27.5 The Bank reserves the right to change any of the dates in the Program from time to time by
providing written notice of such changes to the Supplier. If the Supplier objects to any changes it
shall promptly notify The Bank of its reasonable objections to such changes.
27.6 If at any time the Supplier is delayed or becomes aware of any circumstance which may prevent
him from meeting program requirements he shall forthwith inform The Bank and propose any
measures which may be practicable to recover the delay or to avoid or reduce the anticipated
delay.
27.7 The Supplier shall comply at his own cost with all reasonable instructions of The Bank given for
the purpose of achieving program requirements or minimizing or recovering any cost overrun or
delay.

28. Intended Completion Date

28.1 Unless terminated earlier pursuant to GCC Clause 20, the Supplier shall complete the activities by
the Intended Completion Date, as specified in the SCC.

29. Confidentiality

29.1 The Bank and the Supplier shall keep confidential and shall not disclose to any third party any
documents, data, or other information furnished directly or indirectly by the other party hereto in
connection with the Contract, whether such information has been furnished prior to, during or
following completion or termination of the Contract if their disclosure would be contrary to law,
would impede law enforcement, would not be in public interest, would prejudice legitimate
commercial interest of the parties or would inhibit fair competition.. Notwithstanding the above,
the Supplier may furnish to its Subcontractor such documents, data, and other information it
receives from The Bank to the extent required for the Subcontractor to perform its work under the
Contract, in which event the Supplier shall obtain from such Subcontractor an undertaking of
confidentiality similar to that imposed on the Supplier under this Clause.
29.2 The Bank shall not use such documents, data, and other information received from the Supplier
for any purposes unrelated to the Contract. Similarly, the Supplier shall not use such documents,
data, and other information received from The Bank for any purpose other than providing the
Services required for the performance of the Contract.
29.3 The obligation of a party under this Clause, however, shall not apply to any Confidential
Information that:
(a). The Bank or Supplier need to share with any other institutions participating in the financing of
the Contract;
(b). Now or hereafter enters the public domain other than by breach of the Contract or other act or
omissions of that Party;
(c). Is obtained by a third party who is lawfully authorized to disclose such information;
(d). Can be proven to have been possessed by that party at the time of disclosure and which was
not previously obtained, directly or indirectly, from the other party; or
(e). Is authorized for release by the prior written consent of the other party.
29.4 The Parties shall not be prevented from using any general knowledge, experience or skills which
were in their possession prior to the commencement of the Contract;
29.5 The Supplier authorizes The Bank to disclose the Confidential Information to such person(s) as
may be notified to the Supplier in writing by The Bank from time to time to the extent only as is

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necessary for the purposes of auditing and collating information so as to ascertain a realistic
market price for the services performed in accordance with the Contract, such exercise being
commonly referred to as "benchmarking". The Bank shall use all reasonable endeavors to ensure
that such person(s) keeps the Confidential Information confidential and does not make use of the
Confidential Information except for the purpose for which the disclosure is made. The Bank shall
not without good reason claim that the lowest price available in the market is the realistic market
price.
29.6 The Supplier agrees that:
(a). Subject to Sub-Clause 29.6 (b), the decision on whether any exemption applies to a request for
disclosure of recorded information is a decision solely for The Bank;
(b). Where The Bank is managing a request as referred to in Sub-Clause 29.6 (a), the Supplier
shall co-operate with The Bank making the request and shall respond within five (5) working
days of any request by it for assistance in determining how to respond to a request for
disclosure.
29.7 The Supplier shall procure that its Subcontractors shall provide The Bank with a copy of all
information in its possession or power in the form that The Bank requires within five (5) working
days (or such other period as The Bank may specify) of The Bank requesting that Information.
29.8 The Bank may consult the Supplier in relation to any request for disclosure of the Supplier's
Confidential Information in accordance with all applicable guidance.
29.9 The above provisions of this Clause shall not in any way modify any undertaking of
confidentiality given by either of the parties hereto prior to the date of the Contract.
29.10 This Clause 29 shall remain in force without limit in time in respect of Confidential Information
which comprises Personal Data. Except as aforesaid and unless otherwise expressly set out in the
Contract, this Clause 29 shall remain in force for a period of 3 years after the termination or
expiry of this Contract.
29.11 In the event that the Supplier fails to comply with this Clause 29, The Bank reserves the right to
terminate the Contract by notice in writing with immediate effect.

30. Miscellaneous

30.1 Any decision, act or thing that The Bank is required or authorized to take or do under the Contract
may be taken or done by any person authorized, either generally or specifically, by The Bank to
take or do that decision, act or thing, provided that upon receipt of a written request The Bank
shall inform the Supplier of the name of any person so authorized.
30.2 The Supplier may from time to time upon the request of The Bank, execute any additional
documents and do any other acts or things which may reasonably be required to implement the
provisions of the Contract.
30.3 Any provision of the Contract which is held to be invalid or unenforceable in any jurisdiction
shall be ineffective to the extent of such invalidity or unenforceability without invalidating or
rendering unenforceable the remaining provisions hereof and any such invalidity or
unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in
any other jurisdiction.
30.4 The failure by The Bank and Supplier to insist upon the strict performance of any provision, term
or condition of the Contract or to exercise any right or remedy consequent upon the breach thereof
shall not constitute a waiver of any such breach or any subsequent breach of such provision, term

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or condition.
30.5 Each Party shall bear its own expenses in relation to the preparation, execution and
implementation of the Contract including all costs legal fees and other expenses so incurred.
30.6 The Supplier warrants represents and undertakes to The Bank that there are no pending or
threatened actions or proceedings before any court or administrative agency which would
materially adversely affect the financial condition, business or operations of the Supplier and that
there are no material contracts existing to which the Supplier is a party which prevent it from
entering into the Contract; and that the Supplier has satisfied itself as to the nature and extent of
the risks assumed by it under the Contract and gathered all information necessary to perform its
obligations under the Contract and all other obligations assumed by it.
30.7 The rights and remedies provided in the Contract are cumulative and not exclusive of any rights or
remedies provided by any other contract or document. In this provision "right" includes any
power, privilege, remedy, or proprietary or security interest.

C. Obligations of The Bank


31. Provision of Information and Assistance

31.1 Unless otherwise indicated in SCC, The Bank shall supply the Supplier with any information or
documentation at its disposal which may be relevant to the performance of the contract. Such
documents shall be returned to The Bank at the end of the period of the Contract.
31.2 The Bank shall issue to its employees, agents and representatives all such instructions as may be
necessary or appropriate to facilitate the prompt and effective performance of the Services.
31.3 The Bank shall give the Supplier access to its premises, where required for the performance of the
Services, and assist the Supplier with any security documentation necessary at the premises where
the Services are to be performed in accordance with the Contract.

D. Payment
32. Contract Price

32.1 The Contract Price shall be as specified in the Agreement subject to any additions and adjustments
thereto, or deductions therefrom, as may be made pursuant to the Contract.
32.2 The Contract Price shall include the total cost for performing the Services and shall include
payments for all Personnel, materials and supplies used for the Services and any other overhead or
incidental costs.
32.3 The Contract Price shall be paid in accordance with Clause 34.
32.4 Prices charged by the Supplier for the Services performed under the Contract shall not vary from
the prices quoted by the Supplier in its bid.
32.5 Except as provided in GCC Sub-Clause 15.1, the Contract price may only be increased above
amounts stated in GCC Sub-Clause 32.4 if the Parties have agreed to additional payments in
accordance with GCC Clause 14.

33. Price Adjustments

33.1 Contracts Prices shall be fixed throughout the Supplier's performance of the Contract and not

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subject to adjustment on any account.


33.2 This provision remains in effect for the duration of the contract once it becomes effective.
33.3 Any discount offered by the Supplier under this Contract cannot be reduced during the Term of
this Contract without the agreement in writing of The Bank.

34. Mode of Billing and Terms of Payment

34.1 In consideration of the Supplier's due and proper performance of its obligations under the
Contract, the Supplier may charge The Bank the Contract Price in accordance with this Clause.
34.2 The Supplier’s request for payment shall be made to The Bank in writing, accompanied by an
invoice. Invoices shall not be rendered by the Supplier until completion of delivery of all of the
Services which are the subject of the Service Purchase Order unless otherwise agreed in writing.
34.3 The only sums payable by The Bank to the Supplier for the provision of the Services shall be the
Contract Price. All other costs, charges, fees and expenses of whatever kind arising out of or in
connection with the Contract shall be the responsibility of the Supplier.
34.4 In accordance with the Contract, where the Supplier is required to provide Deliverables, The Bank
shall be entitled to withhold payment of the Contract Price pending receipt and acceptance of the
Deliverables in accordance with the Terms of Reference.
34.5 Unless otherwise agreed in writing by The Bank and the Supplier, at the end of each calendar
month, the Supplier shall invoice The Bank for any Services provided by the Supplier in that
calendar month. Such invoice shall be correctly rendered if:
(a). The invoice is addressed to The Bank's officer specified in the Service Purchase Order to
receive invoices and identifies the number of relevant Service Purchase Order and Contract;
(b). The invoice includes date of issuance and its serial number;
(c). The amount claimed in the invoice is due for payment;
(d). The amount specified in the invoice is correctly calculated in accordance with the Contract;
(e). The invoice is set out in a manner that enables The Bank's to ascertain which Service the
invoice covers (description, quantity, and unit of measure) and the respective Price, or Charge
payable in respect of that Service;
(f). The invoice is accompanied by the relevant Certificate of Acceptance signed by The Bank's
official representative certifying that the amount specified in the invoice is in accordance with
the Contract and delivered Services meet all Service Purchase Order and acceptance criteria
requirements;
(g). The invoice includes the name and address of Supplier to whom payment is to be sent;
(h). The invoice includes the name, title, and phone number of person to notify in the event of
defective invoice;
(i). The invoice includes Supplier's bank account information, and
(j). The invoice is, where appropriate, certified as sales tax exempt.
Failure to provide such information will entitle The Bank's to delay payment of the Contract Price
until such information is provided.
34.6 The Bank shall pay any invoice submitted by the Supplier in accordance with GCC Clause 34.5
within the period specified in the SCC and upon receipt by The Bank of such invoice.
34.7 All payment to the Supplier under this Contract shall be made in currency specified in the SCC.

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34.8 Where the performance of the Supplier does not meet the required standard then a deduction as set
out in the Terms of Reference or as agreed by the Parties may be made.
34.9 The invoice provided to The Bank by the Supplier in accordance with this Clause shall show
appropriate taxes separately.
34.10 The Supplier will keep accurate books and records in relation to the provision of the Services in
accordance with sound and prudent financial management. All such books and records shall be
made available to The Bank at regular intervals of not less than quarterly.
34.11 If the Supplier requests an advance payment the advance payment may be paid by The Bank in an
amount not exceeding 30% of the total contract price.
34.12 As a prerequisite for such advance payment Supplier shall submit advance payment security in an
amount equal to the advance payment it receives in the form of a certified cheque or unconditional
bank guarantee at its option from a reputable bank, together with its request for advance payment
as per the contract.
34.13 Should the advance payment security cease to be valid and the Supplier fails to re-validate it, a
deduction equal to the amount of the advance payment may be made by The Bank from future
payments due to the Supplier under the Contract.
34.14 If a Contract is terminated for any reason, the guarantee securing the advance payment may be
invoked in order to recover the balance of the advance payment still owed by the Supplier.

35. Resources

35.1 The Contract Price includes payment in full for all facilities and resources required by the
Supplier to provide the Services in accordance with the Contract. Any facilities or resources
needed or used by the Supplier to perform the Services shall be provided by the Supplier without
additional cost to The Bank.
35.2 The Supplier confirms its satisfaction of its abilities and experience in all respects to perform the
Services pursuant to the Contract to the reasonable satisfaction of The Bank.

E. Obligations of the Supplier


36. Supplier’s Responsibilities

36.1 The Supplier shall perform the Services under the contract with due care, efficiency and diligence,
in accordance with best professional practices.
36.2 The Supplier shall respect and abide by all laws and regulations in force. The Supplier shall
indemnify The Bank against any claims and proceedings arising from any infringement by the
Supplier, its subcontractors or their employees of such laws and regulations.
36.3 The Supplier shall ensure that services conform to applicable environmental and quality standards,
that no chemical or other product/equipment is used in such a way as to cause negative impact on
the environment in general and occupational health hazards for the personnel of The Bank in
particular, and shall employ the most recent technology, safe and effective equipment, machinery,
materials and methods, as necessary. The Supplier shall always act, in respect of any matter
relating to this Contract, to safeguard The Bank's legitimate interests, pursuant to Conditions of
this Contract
36.4 The Supplier shall obtain The Bank's prior approval in writing before taking any of the following
actions:

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(a). Entering into a subcontract for the performance of any part of the Services, it being
understood that the Supplier shall remain fully liable for the performance of the Services by
the Subcontractor and its Personnel pursuant to the Contract;
(b). Any other action that may be specified in the SCC.
36.5 The Supplier shall furnish The Bank with any personnel data or information required by The Bank
to arrange the provision of documentation required in accordance with GCC Clause 31.3.
36.6 The Supplier shall comply with administrative orders given by the specific contract manager.
Where the Supplier considers that the requirements of an administrative order go beyond the
authority of the specific contract manager or of the scope of the contract, it shall, on pain of being
time-barred, notify the specific contract manager, explaining its opinion, within 15 days after
receipt thereof. Execution of the administrative order shall not be suspended because of this
notice.
36.7 The Supplier shall treat all documents and information received in connection with the contract as
private and confidential, and shall not, save in so far as may be necessary for the purposes of the
performance thereof, publish or disclose any particulars of the contract without the prior consent
in writing of The Bank or the specific contract manager after consultation with The Bank. If any
disagreement arises as to the necessity for any publication or disclosure for the purpose of the
contract, the decision of The Bank shall be final.

37. Joint Venture, Consortium or Association

37.1 If the Supplier is a joint venture, consortium, or association, all of the parties shall be jointly and
severally liable to The Bank for the fulfillment of the provisions of the Contract and shall
designate one party to act as a leader with authority to bind the joint venture, consortium, or
association. The composition or the constitution of the joint venture, consortium, or association
shall not be altered without the prior consent of The Bank.

38. Eligibility

38.1 The Supplier and its Subcontractors shall have the nationality of an eligible country. A Supplier or
Subcontractor shall be deemed to have the nationality of a country if it is a citizen or constituted,
incorporated, or registered, and operates in conformity with the provisions of the laws of that
country.
38.2 The Supplier and its Subcontractors shall provide Personnel who shall be citizens of eligible
countries and use goods with their origin from an eligible country.

39. Code of Conduct

39.1 The Supplier shall, at all times, act loyally and impartially and as a faithful adviser to The Bank in
accordance with the rules and/or code of conduct of its profession as well as with appropriate
discretion. The Supplier shall, in particular, at all times refrain from making any public statements
concerning the Services without the prior approval of The Bank, and from engaging in any
activity which conflicts with its obligations towards The Bank under the contract. It shall not
commit The Bank without its prior written consent, and shall, where appropriate, make this
obligation clear to third parties.
39.2 If the Supplier or any of its Subcontractors, personnel, agents or servants offers to give or agrees
to offer or to give or gives to any person, any bribe, gift, gratuity or commission as an inducement
or reward for doing or forbearing to do any act in relation to the contract or any other contract

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with The Bank, or for showing favor or disfavor to any person in relation to the contract or any
other contract with The Bank, then The Bank may terminate the contract, without prejudice to any
accrued rights of the Supplier under the contract.
39.3 The payments to the Supplier under the contract shall constitute the only income or benefit it may
derive in connection with the contract and neither it nor its personnel shall accept any
commission, discount, allowance, indirect payment or other consideration in connection with, or
in relation to, or in discharge of, its obligations under the contract.
39.4 The Supplier shall not have the benefit, whether directly or indirectly, of any royalty, gratuity or
commission in respect of any patented or protected article or process used in or for the purposes of
the contract or the project, without the prior written approval of The Bank.
39.5 The Supplier and its staff shall maintain professional secrecy, for the duration of the contract and
after completion thereof. In this connection, except with the prior written consent of The Bank,
neither the Supplier nor the personnel employed or engaged by it shall at any time communicate
to any person or entity any confidential information disclosed to them or discovered by them, or
make public any information as to the recommendations formulated in the course of or as a result
of the services. Furthermore, they shall not make any use prejudicial to The Bank, of information
supplied to them and of the results of studies, tests and research carried out in the course and for
the purpose of performing the contract.
39.6 The execution of the contract shall not give rise to unusual commercial expenses. If such unusual
commercial expenses emerge, the contract will be terminated. Unusual commercial expenses are
commissions not mentioned in the contract or not stemming from a properly concluded contract
referring to the contract, commissions not paid in return for any actual and legitimate service,
commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified
or commission paid to a company which has every appearance of being a front company.
39.7 The Supplier shall supply to The Bank on request supporting evidence regarding the conditions in
which the contract is being executed. The Bank may carry out whatever documentary or on-the
spot checks it deems necessary to find evidence in case of suspected unusual commercial
expenses.

40. Conflict of Interests

40.1 The Supplier shall take all necessary measures to prevent or end any situation that could
compromise the impartial and objective performance of the Contract. Such conflict of interests
could arise in particular as a result of economic interest, family or emotional ties, or any other
relevant connection or shared interest. Any conflict of interests, which could arise during
performance of the Contract, must be notified in writing to The Bank without delay.
40.2 The Bank reserves the right to verify that such measures are adequate and may require additional
measures to be taken if necessary. The Supplier shall ensure that its staff, including its
management, is not placed in a situation, which could give rise to conflict of interests. Without
prejudice to Clause 24, the Supplier shall replace, immediately and without compensation from
The Bank, any member of its staff exposed to such a situation.
40.3 The Supplier shall refrain from any contact, which would compromise its independence or that of
its personnel. If the Supplier fails to maintain such independence, The Bank may, without
prejudice to compensation for any damage, which it may have suffered on this account, terminate
the contract forthwith, without giving formal notice thereof.
40.4 The Supplier shall, after the conclusion or termination of the contract, limit its role in connection
to the provision of the Services. Except with the written permission of The Bank, the Supplier and

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any other supplier with whom the Supplier is associated or affiliated shall be disqualified from the
execution of works, goods or other services for The Bank in any capacity.

41. Indemnification and Limitation of Liability

41.1 At its own expense, the Supplier shall indemnify, protect and defend, The Bank, its agents and
employees, from and against all actions, claims, losses or damage arising from any act or
omission by the Supplier in the performance of the Services, including any violation of any legal
provisions, or rights of third parties, in respect of patents, trade marks and other forms of
intellectual property such as copyrights.
41.2 At its own expense, the Supplier shall indemnify, protect and defend The Bank, its agents and
employees, from and against all actions, claims, losses or damages arising out of the Supplier’s
failure to perform its obligations provided that:
(a). The Supplier is notified of such actions, claims, losses or damages not later than 30 days after
The Bank becomes aware of them;
(b). The ceiling on the Supplier’s liability shall be limited to an amount equal to total Contract
Price as stated in the SCC, but such ceiling shall not apply to actions, claims, losses or
damages caused by the Supplier’s willful misconduct;
(c). The Supplier’s liability shall be limited to actions, claims, losses or damages directly caused
by such failure to perform its obligations under the contract and shall not include liability
arising from unforeseeable occurrences incidental or indirectly consequential to such failure.
41.3 The aggregate liability of the Supplier to The Bank shall not exceed the total contract value.
41.4 The Supplier shall have no liability whatsoever for actions, claims, losses or damages occasioned
by:
(a). The Bank omitting to act on any recommendation, or overriding any act, decision or
recommendation, of the Supplier, or requiring the Supplier to implement a decision or
recommendation with which the Supplier disagrees or on which it expresses a serious
reservation; or
(b). The improper execution of the Supplier’s instructions by agents, employees or independent
suppliers of The Bank.
41.5 The Supplier shall remain responsible for any breach of its obligations under the contract for such
period after the Services have been performed as may be determined by the law governing the
contract.

42. Insurance to be Taken Out by the Supplier

42.1 Upon execution of this Framework Agreement and prior to beginning work under a Service
Purchase Order the Supplier shall take out, maintain and shall cause any Subcontractors to take
out, maintain, and keep in force at their own cost insurance coverage against the following risks
and terms and conditions:
(a). Medical insurance for itself and other persons employed or contracted by it under the
Contract. The Bank shall be under no liability in respect of the medical expenses of the
Supplier.
(b). The Supplier's liability in respect of sickness or industrial accident affecting its employees;
(c). Loss of, or damage to, The Bank equipment used to perform the Contract;
(d). Civil liability in the event of accidents caused to third parties or to The Bank and any

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employee of that Entity arising out of the performance of the Contract;


(e). Accidental death or permanent disability resulting from bodily injury incurred in connection
with the Contract.
42.2 By requiring such insurance, Public Body shall not be deemed or construed to have assessed the
risk that may be applicable to the Supplier under this Contract. The Supplier shall assess its own
risks and if deemed to be appropriate and/or prudent, should maintain adequate limits and/or
broader insurance coverage than that stipulated above. The Supplier is not relieved of any liability
or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or
maintain insurance in sufficient amounts, duration, or types.
42.3 Insurance shall be provided at the Supplier’s expense and shall not be charged directly to The
Bank.
42.4 Insurance policies required by this clause shall be written by an Insurance Carrier licensed to do
business in the Federal Democratic Republic of Ethiopia.
42.5 The insurance coverage shall be maintained for the entire duration of the Contract. The Bank shall
be notified by the Supplier or its Insurance Carrier at least 30 days prior to any material change to
or cancellation of any of insurance coverage.
(a). Upon execution of this Contract and prior to beginning work under a Service Purchase Order,
the Supplier or its Insurance Carrier shall provide a Certificate(s) of Insurance (COI)
evidencing compliance with all requirements for insurance coverage. The COI shall be
submitted to The Bank for review and approval. For the duration of the Contract, the Supplier
or its Insurance Carrier shall provide updated COI’s to evidence renewals or other changes to
insurance policies or coverage.

43. Health and Safety

43.1 While providing services, the Supplier shall comply, and shall ensure that its employees comply
with, the requirements of relevant Health and Safety and other relevant legislation, including
regulations and codes of practice issued thereunder, and with The Bank's own policies and
procedures.
43.2 The Supplier shall at all times maintain a specific Health and Safety at Work policy relating to the
employment of his own staff whilst carrying out their duties in relation to the Contract on The
Bank's premises.
43.3 The Supplier will be required to nominate a Health and Safety Representative to liaise with the
Authorized Officer on all Health and Safety matters.
43.4 The Supplier’s staff shall follow a system of accident recording in accordance with The Bank's
accident recording procedure and the Supplier’s own accident reporting procedures.
43.5 All notifiable accidents shall immediately be brought to the attention of the Authorized Officer.
43.6 The Supplier shall ensure the co-operation of its employees in all prevention measures designed
against fire, or any other hazards, and shall notify The Bank of any change in the Supplier's
working practices or other occurrences likely to increase such risks or to cause new hazards.
43.7 The Supplier’s staff shall be trained to recognize situations which involve an actual or potential
hazard including:
(a). danger of personal injury to any person on The Bank's premises and
(i) where possible, without personal risk, make safe any such situation; or

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(ii) report any such situation to the Authorized Officer;


(b). fire risks and fire precautions and procedures including attendance at fire lectures/drills in
accordance with The Bank's policies;
(c). security;
(d). risk management;
(e). major incident;
43.8 The Supplier shall provide such first aid facilities and ensure that his staffs abide by such first aid
procedures as shall be required by The Bank.
43.9 The Supplier shall at any time ensure that the equipment used and procedures operated conform to
The Bank’s Fire Policy.
43.10 The Supplier shall co-operate with The Bank's Fire, Security and Safety Advisors and shall
comply with their reasonable instructions.

44. Intellectual and industrial property rights

44.1 All reports and data such as maps, diagrams, drawings, specifications, plans, statistics,
calculations, databases, software and supporting records or materials acquired, compiled or
prepared by the Supplier in the performance of the contract shall become and remain the absolute
property of The Bank. The Supplier shall, upon completion of the contract, deliver all such
documents and data to The Bank. The Supplier may not retain copies of such documents and data
and shall not use them for purposes unrelated to the Contract without the prior written consent of
The Bank.
44.2 The Supplier shall not publish articles relating to the services or refer to them when carrying out
any services for others, or divulge information obtained from The Bank, without the prior written
consent of The Bank.
44.3 Any results or rights thereon, including copyright and other intellectual or industrial property
rights, obtained in performance of the Contract, shall be the absolute property of The Bank, which
may use, publish, assign or transfer them as it sees fit, without geographical or other limitation,
except where intellectual or industrial property rights already exist.
44.4 The Supplier agrees to indemnify and keep indemnified The Bank against any costs, claims,
proceedings, expenses and demands arising from the use, application, supply or delivery of any
Deliverable, process, article, matter or thing supplied under the Contract that would constitute or
is alleged to constitute any infringement of any person's Intellectual Property Rights.

45. Service Information

45.1 The Supplier shall provide The Bank the Service Information in such manner and upon such
media as agreed between the Supplier and The Bank for the sole use by The Bank.
45.2 The Supplier warrants that the Service Information is complete and accurate as at the date upon
which it is delivered to The Bank and that the Service Information does not contain any data or
statement which gives rise to any liability on the part of The Bank following publication of the
same in accordance with this Clause 44.
45.3 In the event the Service Information ceases to be complete and accurate, the Supplier shall
promptly notify The Bank in writing of any modification or addition to or any inaccuracy or
omission in the Service Information.

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45.4 The Supplier grants The Bank a non-exclusive royalty free license in perpetuity to use and exploit
the Service Information and any Intellectual Property therein for the purpose of illustrating the
range of the Services available pursuant to The Bank contracts from time to time. No right to
illustrate or advertise the Service Information is granted to the Supplier by The Bank as a
consequence of the license conferred by this Clause 44.4 or otherwise under the terms of this
Contract.
45.5 The Bank may reproduce for its sole use the Service Information provided by the Supplier in The
Bank's catalogue from time to time which shall be made available on the Federal Government of
Ethiopia internal communications network in electronic format or made available on The Bank's
external website or any other electronic media of The Bank from time to time.
45.6 Before any publication of the Service Information (electronic or otherwise) is made by The Bank,
The Bank will submit a copy of the relevant sections of The Bank's catalogue to the Supplier for
approval, such approval not to be unreasonably withheld or delayed. For the avoidance of doubt
the Supplier shall have no right to compel The Bank to exhibit the Service Information in any
service catalogue as a result of the approval given by it pursuant to this Clause 44.6 or otherwise
under the terms of this Contract.
45.7 Subject to Clauses 13 and 44.8, the Supplier agrees to indemnify and keep indemnified The Bank
against any liability, loss, costs, expenses, claims or proceedings whatsoever arising out of or in
connection with any statement relating to the Services or information or material on or description
of the Services provided by or on behalf of the Supplier which is included in The Bank's catalogue
from time to time or any associated material produced by The Bank for the purpose of illustrating
the range of the Services available pursuant to The Bank contracts from time to time.
45.8 The Supplier shall not be required to indemnify or keep indemnified The Bank against any
liability, loss, costs, expenses, claims or proceedings whatsoever arising under Clause 44.7 as a
result of The Bank's willful or negligent misrepresentation of any statement relating to the
Services or information or material on or description of the Services provided by or on behalf of
the Supplier which is included in The Bank's catalogue from time to time or any associated
material produced by The Bank for the purpose of illustrating the range of the Services available
pursuant to The Bank contracts from time to time.

46. Accounting, Inspection and Auditing

46.1 The Supplier shall keep accurate and systematic accounts and records in respect of the Services
hereunder, in accordance with internationally accepted accounting principles and in such form and
detail as will clearly identify all relevant time charges and costs.
46.2 For the purpose of the examination and certification of The Bank's accounts; or any examination
of the economy, efficiency and effectiveness with which The Bank has used its resources, the
Federal Auditor General and the Public Procurement and Property Administration Agency or its
auditors may examine such documents as he may reasonably require which are owned, held or
otherwise within the control of the Supplier and may require the Supplier to produce such oral or
written explanation as he considers necessary. The Supplier acknowledges that it will fully
cooperate with any counter fraud policy or investigation carried out by authorized body at any
time.

47. Data Protection

47.1 The Supplier shall comply with all applicable data protection legislation. In particular the Supplier
agrees:

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(a). To maintain appropriate technical and organizational security measures;


(b). To only process Personal Data for and on behalf of The Bank, in accordance with the
instructions of The Bank and for the purpose of performing its obligations under the Contract;
(c). To allow The Bank to audit the Supplier's compliance with the requirements of this Clause on
reasonable notice and/or to provide The Bank with evidence of its compliance with the
obligations set out in this Clause.
47.2 The Supplier agrees to indemnify and keep indemnified The Bank against all claims and
proceedings and all liability, loss, costs and expenses incurred in connection therewith by The
Bank as a result of any claim made or brought by any individual or other legal person in respect of
any loss, damage or distress caused to that individual or other legal person as a result of the
Supplier's unauthorized processing, unlawful processing, destruction of and/or damage to any
Personal Data processed by the Supplier, its employees or agents in the Supplier's performance of
the Contract or as otherwise agreed between the Parties.

48. Review

48.1 The Supplier shall attend formal review meetings (each such meeting being a "Review"), as
required by the Authorized Officer, to discuss The Bank's levels of satisfaction in respect of the
Services provided under the Contract and to agree any necessary action to address areas of
dissatisfaction. The Supplier will not obstruct or withhold its agreement to any such necessary
action. Such Reviews shall be attended by duly authorized and sufficiently senior employees of
both The Bank and the Supplier together with any other relevant attendees. The Parties shall agree
a standing agenda for such Reviews.

49. Performance Security

49.1 The Supplier shall, within fifteen (15) days from signing the contract, provide a Performance
Security for the due performance of the Contract in the amount specified in the SCC.
49.2 The proceeds of the Performance Security shall be payable to The Bank as compensation for any
loss resulting from the Supplier’s failure to complete its obligations under the Contract.
49.3 The Performance Security shall be denominated in currency specified in the SCC, and shall be in
the form of cash, cheque certified by a reputable bank, letter of credit, or Bank Guarantee in the
format specified in the SCC.
49.4 The Performance Security shall be discharged by The Bank and returned to the Supplier not later
than twenty-eight (28) days following the date of completion of the Supplier’s performance
obligations under the Contract, including any warranty obligations, unless specified otherwise in
the SCC.
49.5 Notwithstanding the provision of GCC Sub-Clause 49.2 above, the Performance Security may be
returned to the Supplier where the Procurement Endorsing Committee ascertains that the
noncompliance of the Supplier does not affect the interest of, or entail additional cost on The
Bank and is not due to the fault of the Supplier.
49.6 The Bank shall be required to submit any document in its possession in relation to a procurement
in which it authorizes the return of the Performance Security to the Supplier and account for its
action under the preceding GCC Sub-Clause49.5 of this GCC to the Public Procurement and
Property Administration Agency or other competent body if and when required to do so.

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F. Performance of the Contract


50. Scope of Services

50.1 Subject to the SCC, the Services to be provided shall be as specified in the Section 6, Schedule of
Requirements.
50.2 The Services shall be performed at Public Body's locations in accordance with any delivery
instructions in the SCC, Service Purchase Order or as agreed by the Parties in writing.

51. Deliverables

51.1 Wherever the Services require the Supplier to provide a Deliverable:


(a). Such Deliverable will be delivered in the form prescribed and in accordance with the Terms
of Reference. If no such form is prescribed in the Terms of Reference, the Supplier will
provide Deliverables in a professional form to the requirements (including as to time of
delivery) notified to the Supplier by the Authorized Officer;
(b). The Bank may accept such Deliverable or reject it in its reasonable discretion on the grounds
that such Deliverable is (in whole or in part) not of satisfactory quality and/or does not meet
the brief set out in the Terms of Reference or the requirements otherwise made known to the
Supplier by The Bank;
(c). The Bank will not reject any Deliverable (wholly or in part) without providing written
reasons to the Supplier as to why such Deliverable has been rejected;
(d). Any dispute as to whether The Bank has exercised its right to reject any Deliverable
reasonably shall be resolved by the Settlement of Disputes Procedure; and
51.2 Any Deliverables which are rejected shall be replaced by the Supplier (at no extra charge to The
Bank) by Deliverables which are reasonably satisfactory to the Authorized Officer.

52. Performance of the Services

52.1 Subject to GCC Clause 56.1, the Supplier shall provide at its own expense all staff, equipment,
tools, appliances, materials or items required for the provision of the Services to the Contract
Standard.
52.2 To the extent that the Terms of Reference include the date, format and method of delivery of the
Services and Deliverables and/or the applicable performance measures, performance due-by dates,
minimum performance levels and methods of performance measurement in respect of the
Services, the Supplier will abide by the same.
52.3 Time shall be of the essence with regard to the obligations of the Supplier under the Contract.
52.4 If the Terms of Reference provides for performance of the Services in stages, the Supplier
undertakes to perform the Services in strict compliance with the timetable for stages as provided
in the Terms of Reference.
52.5 The Bank and the Supplier will co-operate with each other in good faith and will take all
reasonable action as is necessary for the efficient transmission of information and instructions and
to enable The Bank to derive the full benefit of the Contract. At all times in the performance of
the Services, the Supplier will co-operate fully with any other Suppliers appointed by The Bank in
connection with other services at the Locations.
52.6 In addition to any more specific obligations imposed by the terms of the Contract, it shall be the

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duty of the Supplier to notify The Bank of all significant changes to staffing, rates of pay or
conditions of employment, or hours of work or other technological changes at least one month
prior to the implementation of any such revised arrangements.
52.7 The Supplier shall provide information in a format, medium and at times specified by The Bank,
related to the performance of the Services as may be reasonably required.
52.8 If at any time the Supplier becomes aware of any act or omission or any proposed act or omission
by The Bank or by any member, official or employee of The Bank which prevents or hinders or
may prevent or hinder the Supplier from providing the Services in accordance with the Contract
then the Supplier shall immediately inform the Authorized Officer of that fact. For the avoidance
of doubt, the Supplier’s compliance with this Clause shall not in any way relieve the Supplier of
any of its obligations under the Contract.
52.9 The Bank shall provide the Supplier with copies of its policies, rules, procedures and quality
standards (and shall promptly inform the Supplier of any amendments to such documents) to
enable the Supplier to comply with its obligations under the Contract.
52.10 The Bank may, where necessary, require the Supplier to set up and maintain appropriate policies,
rules, procedures and quality standards in relation to the employment of his own staff whilst
carrying out their duties in relation to the Contract at the Location. This shall include, but not be
limited to, disciplinary and grievance procedures. The Supplier shall provide The Bank with
copies of such policies, rules, procedures and quality standards (and shall promptly inform The
Bank of any amendments to such documents).
52.11 The Supplier will immediately notify The Bank of any actual or potential problems relating to the
Supplier’s own suppliers that affects or might affect his ability to provide the Services.
52.12 The Supplier will be responsible for providing and maintaining the Services to the Contract
Standard at all times and will ensure continuity of supply (at no extra cost to The Bank) in
accordance with the Terms of Reference. The Supplier must have in place contingency plans and
arrangements which are approved by The Bank to ensure continuity of supply.
52.13 The Supplier will immediately notify The Bank of any actual or potential industrial action,
including strike action, whether such action is of his own staff or others that affects or might
affect his ability at any time to provide the Services.
52.14 The Supplier will be responsible for providing and maintaining the Services to the Contract
Standard during industrial action, at no additional cost to The Bank. The Supplier must have in
place contingency plans and arrangements which are approved by The Bank.
52.15 In the event of the Supplier being unable to maintain the Services to the Contract Standard, the
Supplier shall without prejudice to the remedies of The Bank permit the staff of The Bank to have
access to and unrestricted use of such machinery, equipment and materials which being the
property of the Supplier deemed necessary to maintain the Services by The Bank during industrial
action, or any other such occurrence, without additional charge.

53. Performance Measurement

53.1 In addition to any more specific obligations imposed by the terms of the Contract, it shall be the
duty of the Supplier to provide the Services to the Contract Standard which in all respects shall be
to the satisfaction of the Authorized Officer.
53.2 The Supplier shall institute and maintain a properly documented system of quality control as set
out in the Terms of Reference and which is to the satisfaction of the Authorized Officer to ensure

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that the Contract Standard is met.


53.3 In addition to any other rights of The Bank under the Contract, the Authorized Officer shall be
entitled to inspect the Supplier’s quality control system referred to in Clause 53.2 above.
53.4 During the Contract Period, the Authorized Officer may inspect and examine the provision of the
Services being carried out without notice at any time. The Supplier shall provide to The Bank all
such facilities as The Bank may require for such inspection and examination.
53.5 If any part of any Service is found to be defective or different in any way from the Terms of
Reference or otherwise has not been provided to the Contract Standard other than as a result of a
default or negligence on the part of The Bank, the Supplier shall at its own expense re-perform the
Services in question (without additional remuneration) within such time as The Bank may
reasonably specify failing which The Bank shall be entitled to procure performance of the
defective Services from a third party or to execute the tasks in question itself. If the cost to The
Bank of executing or procuring such Services exceeds the amount that would have been payable
to the Supplier for such Services, the excess shall be paid by the Supplier to The Bank on demand
in addition to any other sums payable by the Supplier to The Bank in respect of the breach of
Contract.
53.6 If the performance of the Contract by the Supplier is delayed by reason of any act or default on the
part of The Bank or, by any other cause that the Supplier could not have reasonably foreseen or
prevented and for which it was not responsible, the Supplier shall be allowed a reasonable
extension of time for completion of the Services so affected.
53.7 For each Service, The Bank shall ascertain whether the Supplier's provision of the Service in
question meets any performance criteria as specified in the Terms of Reference or, if the criteria
are not so specified, meets the standards of a professional provider of the Services. On or before
the fifteenth working day of each calendar month during the Contract Period and within 14 days
after termination of the Contract, The Bank may:
(a). in respect of each of the Services during the preceding calendar month, provide to the
Supplier a notice (each called a "Performance Notice") which shall set out a statement of The
Bank's dissatisfaction with the Supplier's performance and provision of the Services;
(b). each Performance Notice issued by The Bank shall include a proposed rebate of the Contract
Price commensurate to the under-performance of the Supplier as recorded in the Performance
Notice;
(c). if the Supplier disputes any matter referred to in any Performance Notice and/or the proposed
rebate of the Contract Price, the Supplier may raise this objection with The Bank and if this
matter is not resolved within 7 days the matter shall be referred to the Settlement of Disputes
Procedure; and
(d). if the Supplier has not raised any objection to the Performance Notice within 7 days of receipt
(or such other period as agreed between the Parties) then that Performance Notice shall be
deemed to have been accepted by the Supplier and the rebate on the Contract Price referred to
therein shall become immediately effective.
53.8 The Bank's rights under Clause 53 are without prejudice to any other rights or remedies The Bank
may be entitled to.
53.9 On request, the Supplier shall submit to The Bank progress reports detailing its adherence to the
timetable (if any) as set out in the Terms of Reference in a format approved by The Bank. The
submission and acceptance of such reports shall not prejudice any other rights or remedies of The
Bank under the Contract.
53.10 If required by The Bank, the Parties shall co-operate in sharing information and developing

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performance measurement criteria with the object of improving the Parties’ efficiency. Any such
agreements shall be fully recorded in writing by The Bank.

54. Location

54.1 Subject to satisfactory agreement between the Parties on price, The Bank reserves the right to
increase or reduce the number of Locations under the Contract at any time during the Contract
Period.
54.2 Without prejudice to any other right or remedy The Bank will endeavor to give as much notice as
possible of increases or reductions to the number of Locations under the Contract, although a
minimum period of time is not specified in these conditions.

55. Use of Public Body's Sites

55.1 The Bank shall during the Contract Period permit the Supplier to use in connection with the
provision of the Services certain Sites at the Location as set out in the Terms of Reference.
55.2 The Supplier shall use the Sites only in connection with the provision of the Services and shall
ensure that the Supplier’s staff uses the Sites only for that purpose.
55.3 The Supplier shall ensure that the Sites have a clean, tidy and professional appearance at all times.
55.4 The permission given to the Supplier to use the said Sites is personal to the Supplier and the
Supplier’s staff. Only the Supplier’s own staff and persons making deliveries to the Supplier in
connection with the provision of the Services may enter or use any part of the Sites without the
prior written permission of The Bank.
55.5 For the avoidance of doubt it is hereby declared that the permission to enter and use the said Sites
is not the grant of a tenancy of any part of the Sites. The Bank retains full possession and control
over such Sites at all times and the Supplier shall not receive exclusive possession of or any estate
or interest in, any such Sites.
55.6 The Bank reserve the right at all times to permit third parties to use the Sites, subject to the rights
granted to the Supplier pursuant to the Contract.
55.7 The Supplier shall keep the said Sites clean, tidy and properly secure.
55.8 The Bank will provide a sufficient supply of water, gas and electricity to operate equipment used
to provide the Services.
55.9 The Bank will arrange for the disposal of refuse from authorized collection points as set out in the
Terms of Reference.
55.10 The Supplier will not alter or modify any part of the Sites without the written permission of The
Bank, unless alteration or modification is part of the Services to be provided by the Supplier.

56. Equipment and Materials

56.1 The Supplier shall be responsible for the provision and installation of all equipment and materials
used in connection with the Contract except where these are transferred into the ownership of the
Supplier under Clause 56.13 and 56.14.
56.2 Where equipment and materials are supplied by The Bank these will be serviced and maintained
by The Bank.
56.3 The Contract Manager shall forthwith inform the Authorized Officer of any defects appearing in

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or losses of, or damage, occurring to The Bank's equipment. The Supplier shall be liable to pay to
The Bank the cost of any replacement necessary as a result of loss or damage caused deliberately
or negligently by the Supplier’s staff.
56.4 In accordance with the Terms of Reference, the Supplier will, at his own expense, install all
necessary equipment for the provision of the Services.
56.5 The Supplier shall ensure that all equipment used in connection with the Contract is maintained in
good working order in compliance with manufacturer’s instructions and current legislation.
56.6 All equipment and materials used by the Supplier shall comply with latest relevant Ethiopian
Standards or International equivalent specifications where such exist and the Supplier shall upon
request furnish the Authorized Officer with evidence to prove that such equipment and materials
comply with this condition.
56.7 The Supplier shall:
(a). establish effective planned maintenance programs; and
(b). make adequate arrangements for emergency remedial maintenance, to ensure continuity of
the Services; and
(c). agree all equipment purchases with The Bank; and
(d). ensure compliance with all regulations covering the inspection and testing of all equipment
used at the Location in the provision of the Services; and
(e). maintain records, open for inspection by The Bank of maintenance testing and certification.
56.8 Any communication or electrical equipment used by the Supplier in connection with the Contract
shall not cause any interference with or damage to any equipment used by The Bank.
56.9 Any communication or electrical equipment proposed to be used by the Supplier in connection
with the Contract shall, at the discretion of The Bank be tested and approved by The Bank before
use on The Bank's premises.
56.10 Notwithstanding Clause 56.9 the Supplier shall be liable for any damage caused by any
communication or electrical equipment used in connection with the Contract
56.11 The Bank reserves the right to inspect equipment used by the Supplier in or about the provision of
the Services at any time and the Supplier shall comply with any directions of the Authorized
Officer as to the manner in which such equipment shall be used.
56.12 The Bank shall not be responsible, charged or chargeable for any equipment or materials brought
on site by the Supplier.
56.13 At the entering into force of the Contract all equipment transferred to the Supplier shall be valued
by an independent expert appointed jointly by The Bank and the Supplier. Ownership of this
equipment shall be transferred to the Supplier without charge.
56.14 On conclusion of the Contract, all equipment, whether provided by the Supplier or transferred into
the ownership of the Supplier by The Bank will be re-valued and transferred into the ownership of
The Bank as set out in the Terms of Reference. Where there is any increase or decrease in value of
the equipment, this shall be added to or deducted from the Supplier’s final payment. Transfer of
the equipment to The Bank shall be without charge excepting any change in value.

57. Supplier’s Personnel

57.1 The Supplier shall be entirely responsible for the employment and conditions of service of his
staff employed in the Contract.

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57.2 The Supplier will employ sufficient employees to ensure that all of the Services are provided at all
times and in all respects in complete conformity with the Terms of Reference. This will include,
but not be limited to, the Supplier providing a sufficient reserve of trained and competent staff to
provide the Services during staff holidays or absence due to sickness or voluntary absence. In
relation to the Services, the Supplier will employ only such persons as are careful, skilled and
experienced in the duties required of them, and will ensure that every such person is properly and
sufficiently trained and instructed (at the Supplier's expense) and carries out the Services with
regard to
(a). the task or tasks that person has to perform;
(b). all relevant provisions of the Contract and the Terms of Reference;
(c). all relevant policies, rules, procedures and standards of The Bank;
(d). the need for those working in an health service environment to observe the highest standards
of hygiene, customer care, courtesy and consideration;
(e). the need to keep confidential all information howsoever acquired whether relating to The
Bank and its business.
57.3 The Supplier will, when recruiting potential employees for the purpose of the Contract, act in
accordance with the Terms of Reference.
57.4 The Supplier shall ensure that employees of appropriate levels of experience and expertise
perform the Services to achieve cost efficiency.
57.5 The Bank reserves the right to reject staff who they consider to be unsuitable for the duties
proposed. Where staff is rejected the Supplier shall supply alternative staff. In addition, the
Authorized Officer may (but not unreasonably) instruct the Supplier to take disciplinary action
against or to remove from work in or about the provision of the Services any person employed by
the Supplier and the Supplier shall immediately comply with such instruction, and in the case of a
removal from work shall, as soon as it is reasonably practicable thereafter provide a substitute.
57.6 The Supplier shall ensure that any employees to whom reference is made by name in the Terms of
Reference are actively involved in the provision of the Services or are replaced with employees
acceptable to the Authorized Officer. The Supplier acknowledges that if it is ever the wish of the
Supplier to change the partners and/or employees committed to provide the Services as provided
for in the Terms of Reference it shall first give notice of such wish to the Authorized Officer
explaining the reasons for such wish together with full details of any proposed replacement
partner and/or employee. The Bank shall be under no obligation to approve or accept any such
replacement. If any of the partners or employees referred to in the Terms of Reference cease, in
the reasonable opinion of The Bank, to provide and be responsible for the provision of the
Services and the quality of those Services then The Bank may terminate the Contract in
accordance with Clause 20 paying only for the Services provided up to the date of such
termination.
57.7 The Supplier shall ensure that it complies with all current employment legislation or any other
relevant legislation relating to discrimination in the employment of employees for the purpose of
providing the Services. The Supplier shall take all reasonable steps (at its own expense) to ensure
that any employees employed in the provision of the Services do not unlawfully discriminate
within the meaning of this Clause 57.7 and shall impose on any sub-Supplier obligations
substantially similar to those imposed on the Supplier by this Clause 57.7.
57.8 The Supplier shall procure that The Bank is kept advised at all times of any:
(a). Disciplinary incident relating to his staff involving visitors, or The Bank's staff or property;
and

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(b). Incidence of serious misconduct involving his staff.


57.9 The Supplier shall only employ staff for the purposes of the Contract who:
(a). Fulfill any minimum training and qualification requirements of The Bank as set out in the
Terms of Reference and also all training and qualification requirements that may be deemed
necessary by the Authorized Officers, legislation, or any special bodies or associations;
(b). Are in good health and have a standard of oral and personal hygiene acceptable to The Bank;
(c). Are medically and physically fit in so far as the requirements of the work are concerned.
57.10 The Supplier shall not employ in or about the provision of the Services any person who has
suffered from, has signs of, is under treatment for, or who is suffering from any medical condition
which is known to, or does potentially place the health of The Bank's staff. In all such cases, the
Supplier is required to notify the Authorized Officer of each particular incident. The Supplier may
receive and will accept such instruction as to the immediate and future working capability of the
affected employee, upon The Bank's premises. Such instruction may necessitate the need for
further investigation, which shall be the duty and responsibility of the Supplier at his own
expense.
57.11 The Authorized Officer may, but not unreasonably, require any person employed by the Supplier
in or about the provision of the Services to be medically examined at any time during their
employment.
57.12 Any medical examination or certification of any member of the Supplier’s staff required by the
Contract shall be arranged by and shall be at the expense of the Supplier provided always that The
Bank shall be entitled at their own expense, to require any medical examination to be carried out
by a Medical Practitioner nominated by The Bank.
57.13 As a condition of employment in the contract, Supplier’s staff:
(a). shall not corruptly solicit or receive any bribe or other consideration from any person, or fail
to account for monies or property received in connection with duties under the Contract
assignments
(b). shall not act in a manner reasonably likely to bring discredit upon The Bank;
(c). shall be properly and presentably dressed as is detailed in the Terms of Reference or agreed
between the Parties;
(d). shall not wear the Supplier’s uniform, or identification, or use his equipment on The Bank's
premises unless fulfilling the terms of the Contract;
(e). shall maintain proper standards of appearance and deportment whilst at work;
(f). shall not at any time be on duty under the influence of alcohol or drugs;
(g). shall on being charged with any criminal offence, notify the Supplier immediately;
(h). shall not neglect, nor without due and sufficient cause omit, to discharge promptly and
diligently a required task within the terms of the Contract;
(i). shall not misuse or abuse The Bank's property;
(j). shall not smoke while on The Bank's premises, except in those areas where smoking is
expressly permitted.
57.14 The Supplier shall provide its employees with a form of identification that is acceptable to The
Bank and which employees shall display on their clothing at all times when they are providing
services.
57.15 The Bank shall not be liable for loss of, or damage to, the personal property of Supplier’s staff,

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howsoever caused.
57.16 It is the joint responsibility of the Supplier and his employees to ensure that the employees
supplied to carry out the Services have not worked excessive hours which could prejudice the
standards of service. It is the responsibility of the Supplier to keep records of hours worked for
each employee.

58. Key Personnel

58.1 The Parties have agreed to the appointment of the Key Personnel as at the Effective Date. The
Supplier shall and shall procure that any Sub-contractor shall obtain the prior written consent of
The Bank before removing or replacing any member of the Key Personnel from their
corresponding role during the Term, and, where possible, at least three months written notice must
be provided by the Supplier of its intention to replace any member of Key Personnel from their
corresponding role.
58.2 The Bank shall not unreasonably delay or withhold its consent to the appointment of a
replacement to any relevant member of Key Personnel by the Supplier or Sub-contractor. The
Bank may interview the candidates for Key Personnel roles before such candidate is appointed to
such role.
58.3 The Supplier acknowledges that the Key Personnel are essential to the proper provision of the
Services to The Bank. The Supplier shall ensure that the role of any Key Personnel is not vacant
for any longer than [10] Working Days and that any replacement shall be as or more qualified and
experienced as the previous incumbent of such role and is fully competent to carry out the tasks
assigned to the role of the member of Key Personnel whom he or she has replaced.
58.4 The Supplier shall ensure that each of the Key Personnel shall work for such a period of time in
the performance of the Services that is commensurate with and sufficient to perform the
obligation of that person's role unless The Bank otherwise gives its prior written consent. To the
extent that it can do so without disregarding its statutory obligations, the Supplier shall take all
reasonable steps to ensure that it retains the services of all the Key Personnel.
58.5 The Bank may nominate additional roles performed by Supplier Personnel in respect of which
individuals should be identified as additional Key Personnel. The Supplier shall not unreasonably
withhold or delay approval of any such additional Key Personnel nominated by The Bank who
will, following approval, be included on the list of Key Personnel by the Supplier. The Bank may
also require the Supplier to remove any member of the Key Personnel that The Bank (acting
reasonably) considers in any respect unsatisfactory.
58.6 The Bank shall not be liable for the cost of replacing any member appointed to a Key Personnel
role and the Supplier shall indemnify The Bank against all Employee Liabilities that may arise in
this respect.
58.7 Any Key Personnel assigned to performance of the Services shall be listed in the Contract, stating
their name, title, job description, and estimated period of engagement.

59. Control and Supervision of Staff

59.1 Any notice, information, instruction or other communication given or made to the Contract
Manager shall be deemed to have been given or made to the Supplier.
59.2 The Contract Manager shall be suitably qualified in accordance with the Terms of References. In
addition a work history/biography will be submitted to the Authorized Officer for approval prior

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to interview.
59.3 The Supplier shall forthwith give notice in writing to the Authorized Officer of the identity of the
person appointed as Contract Manager and of any subsequent appointment. Until notice of a
subsequent appointment shall have been given The Bank shall be entitled to treat as Contract
Manager the person last notified to the Authorized Officer as being the Contract Manager.
59.4 The Supplier shall ensure that the Contract Manager, or a competent deputy who is duly
authorized to act on his behalf, is available to The Bank at all times when any employee of the
Supplier is on duty for the provision of the specified Services.
59.5 The Supplier shall inform the Authorized Officer of the identity of any person authorized to act
for any period as deputy for the Contract Manager before the start of that period.
59.6 The Contract Manager or his deputy shall consult with the Authorized Officer and such other of
The Bank's own supervisory staff as may from time to time be specified by the Authorized Officer
as often as may reasonably be necessary for the efficient provision of the Services in accordance
with the Contract.
59.7 The Supplier shall provide a sufficient complement of supervisory staff in addition to the Contract
Manager, to ensure that the Supplier’s staff engaged in and about the provision of the Services at
the Location are adequately supervised and properly perform their duties at all times.
59.8 All persons appointed to managerial and supervisory positions in accordance with the Terms of
Reference must be to the acceptance of the Authorized Officer who will have the right to veto the
appointment of any candidate who is deemed to be unsuitable.
59.9 The Supplier’s staff engaged in and about the provision of the Services shall primarily be under
the control and direction of the Supplier’s own supervisory staff but nevertheless while on The
Bank's premises will obey all reasonable instructions given to them by The Bank's supervisory
staff in any matter occasioned by the operational needs of the relevant Service.
59.10 The Supplier shall ensure that his staff carry out their duties and behave while on The Bank's
premises in an orderly manner and in as quiet a manner as may reasonably be practicable having
regard to the nature of the duties being performed by them. The Supplier’s staff shall not cause
any unreasonable or unnecessary disruption to the routines, practices, and procedures of The
Bank's staff, or visitors, or any of the staff of any other Suppliers

60. Working hours of the Personnel

60.1 Where the Services are performed on a regular basis at the premises of The Bank, the Supplier
shall work the hours agreed with The Bank where not specified in the Terms of Reference or the
SCC.

61. Replacement of Personnel

61.1 The Supplier shall not make changes to the agreed personnel without the prior written approval of
The Bank. The Supplier must on its own initiative propose a replacement in the following cases:
(a). In the event of death, in the event of illness or in the event of accident of a member of staff.
(b). If it becomes necessary to replace a member of staff for any other reasons beyond the
Supplier’s control (e.g. resignation, etc.).
61.2 Moreover, in the course of performance, and on the basis of a written and justified request, The
Bank can ask for a replacement if it considers that a member of staff is inefficient or does not

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perform its duties under the contract.


61.3 If The Bank requests the Supplier to remove a person who is a member of the Supplier’s staff or
work force, stating the reasons, the Supplier shall ensure that the person leaves the Site within
seven days and has no further connection with the work in the Contract.

62. Extensions of Time

62.1 If at any time during performance of the Contract, the Supplier or its subcontractors should
encounter conditions impeding timely completion of Services pursuant to GCC Clause 52, the
Supplier shall promptly notify The Bank in writing of the delay, its likely duration, and its cause.
As soon as practicable after receipt of the Supplier’s notice, The Bank shall evaluate the situation
and may at its discretion extend the Supplier’s time for performance, in which case the extension
shall be ratified by the parties by amendment of the Contract.

62.2 Except in case of Force Majeure, as provided under GCC Clause 17, a delay by the Supplier in the
performance of its Delivery and Completion obligations shall render the Supplier liable to the
imposition of liquidated damages pursuant to GCC Clause 26, unless an extension of time is
agreed upon, pursuant to GCC Sub-Clause 62.1.

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Section 4. Special Conditions of


Contract

Table of Clauses

A. General Provisions 1
B. The Contract 1
C. Obligations of The Bank 2
D. Payment 2
E. Obligations of the Supplier 3
F. Performance of the Contract 3

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
The following Special Conditions of Contract (SCC) shall supplement the General
Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein
shall prevail over those in the GCC.

GCC Clause Section 8. Special Conditions of Contract


Reference
A. General Provisions
Procurement Reference Number is: DBE/NCB/TS/02/2020/21

GCC 1.2 (u) The Bank is: Development Bank of Ethiopia

GCC 1.2 (aa) The Supplier is:

B. The Contract
In addition to documents listed in GCC Clause 7.1 the following documents shall
GCC 7.1 (j)
form the Contract:

GCC 7.3 The Bank’s authorized representative shall be:


Authorized Representative:
P.O. Box:
Street Address:
Town/City:
Post Code:
Country: Ethiopia
Telephone:
Facsimile:
E-mail address
The Supplier’s authorized representative shall be:
Authorized Representative:
P.O. Box:
Street Address:
Town/City:
Post Code:
Country:
Telephone:
Facsimile:
E-mail address
GCC 8.1 The governing law shall be . Ethiopian Law
GCC 9.1 Language of the Contract shall be . English
GCC 10.2 and For notices, The Bank’s address shall be:
10.3 Public Body: Development Bank of Ethiopia
Attention: Ato Solomon Megersa, Property and Facility

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GCC Clause Section 8. Special Conditions of Contract


Reference
Management Directorate, Director
Floor/Room number: Tower II 5th Floor
P.O. Box: 1900
Street Address: Joseph Tito Street
Town/City: Addis Ababa
Post Code:
Country: Ethiopia
Telephone: +25111-5506020
Facsimile: +2511115537982
E-mail address
For notices, the Supplier’s address shall be:
Supplier:
Attention:
Floor/Room number:
P.O. Box:
Street Address:
Town/City:
Post Code:
Country: Ethiopia
Telephone:
Facsimile:
E-mail address
GCC 15.1 In case of change of laws and regulation after the deadline for submission of the
Bid Contract Price be correspondingly increased or decreased and/or the
Delivery Date be reasonably adjusted to the extent that Supplier has thereby
been affected in the performance of any of its obligations under the Contract.

GCC 16.1 The Supplier shall be responsible for all import duties and taxes except for the
following: None
GCC 24.4 The period of validity of the Warranty shall be: One Year
GCC 27.1 The Supplier shall commence the Services within five days after the date of the
Contract.
GCC 28.1 The Intended Completion Date is . As described in statement of requirement.

C. Obligations of The Bank


The Bank shall supply the Supplier with the following information or
GCC 31.1
documentation at its disposal which may be relevant to the performance of the
Contract:

D. Payment
The Bank shall pay the Contract Price to the Supplier, after the completion of the
GCC 34.6
training program,

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GCC Clause Section 8. Special Conditions of Contract


Reference
GCC 34.7 All payment to the Supplier under this Contract shall be made in 10 days.

E. Obligations of the Supplier


GCC 36.4(b) The Bank's prior approval is also required for:

GCC 40.2 (b) The amount of aggregate liability shall be: Contract Amount + 10%
The amount of the Performance Security shall be: 10% of contract price
GCC 49.1

GCC 49.3 The types of acceptable Performance Securities are in the form of CPO or
unconditional bank guarantee.

GCC 49.4 Discharge of the Performance Security shall take place: after completion of the
training service.

F. Performance of the Contract


GCC 50.1 The Scope of Services shall be defined in:. Statement of Requirement.
The Supplier shall perform the Services at following Locations: .As indicated
GCC 50.1
under Section Six 1 &2

GCC 60.1 The working hours for the Supplier shall be:

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Section 5. Contract Forms


Table of Contents

A. Contract Agreement 1
1. The Agreement 1
2. Term of Contract Agreement 2
B. Performance Security 3
C. Advance Payment Security 4

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A. Contract Agreement

for the Procurement of

Procurement Reference No:

This Contract Agreement is made on the day of the month of , BETWEEN


of the Federal Democratic Republic of Ethiopia, and having its principal place of business
(hereinafter called the “Public Body”),
and
a corporation incorporated under the laws of and having its principal place of business at (hereinafter
called the “Supplier”), of the other part
WHEREAS
(a). The Bank invited bids for certain Services (hereinafter called the “Services”), and has accepted
a Bid by the Supplier for the provision of those Services in the sum of (hereinafter called “the
Contract Price”) in the manner and on the terms described herein
(b). The Supplier having represented to The Bank that it has the required skills, personnel and
technical resources, has agreed to provide the Services on the terms and conditions set forth in
this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:


1. The Agreement
1.1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.
1.2 The following documents shall constitute the Contract between The Bank and the Supplier, and
each shall be read and construed as an integral part of the Contract:
1. This Contract Agreement;
2. The Special Conditions of Contract;
3. The General Conditions of Contract;
4. The Bid Submission Sheet with Annexes;
5. Price Schedule;
6. List of accepted items including their unit price;
7. Bidder Certification of Compliance with Annexes;
8. Schedule of Requirements + Technical Offer + Compliance Sheet with Annexes;
9.
1.3 This Contract shall prevail over all other Contract documents. In the event of any discrepancy
or inconsistency within the Contract documents, then the documents shall prevail in the order
listed above.
1.4 In consideration of the payments to be made by The Bank to the Supplier as hereinafter
mentioned, the Supplier hereby covenants with The Bank to provide the Services and to
remedy defects therein in conformity in all respects with the provisions of the Contract.
1.5 The Bank hereby covenants to pay the Supplier in consideration of the provision of the
Services and the remedying of defects therein, the Contract Price or such other sum as may
become payable under the provisions of the Contract at the times and in the manner prescribed

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by the Contract.
2. Term of Contract Agreement
2.1 The Contract shall enter into force on the date on which it is signed by the last contracting
party.
2.2 Under no circumstances may implementation commence before the date on which the Contract
Agreement enters into force.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in
their respective names as of the day and year first above written.

SIGNED for and on behalf of WITNESS to signature on behalf of


Signature: Signature:
Name: Name:
Position: Position:
Date: Date:

SIGNED for and on behalf of WITNESS to signature on behalf of


Signature: Signature:
Name: Name:
Position: Position:
Date: Date:

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B. Performance Security
(Bank Guarantee)
Date:
Procurement Reference No:

To:

WHEREAS (hereinafter “the Supplier”) has undertaken, pursuant to Contract No. dated , to
supply (hereinafter “the Contract”).

AND WHEREAS it has been stipulated by you in the aforementioned Contract that the Supplier
shall furnish you with a security issued by a reputable guarantor for the sum specified therein as
security for compliance with the Supplier’s performance obligations in accordance with the
Contract.

AND WHEREAS the undersigned , legally domiciled in [insert complete address of Guarantor],
(hereinafter the” Guarantor”), have agreed to give the Supplier a security:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the
Supplier, up to a total of and we undertake to pay you, upon your first written demand declaring
the Supplier to be in default under the Contract, without cavil or argument, any sum or sums
within the limits of as aforesaid, without your needing to prove or to show grounds or reasons for
your demand or the sum specified therein.

This security is valid until the day of , .

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No 458.

Name:
In the capacity of

Signed:

Duly authorized to sign the Security for and on behalf of:

Dated on [insert day] day of ], 20

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C. Advance Payment Security


(Bank Guarantee)
Date:
Procurement Reference No:

To:

In accordance with the payment provision included in the Contract, in relation to advance
payments, (hereinafter called “the Supplier”) shall deposit with The Bank a security consisting of
, to guarantee its proper and faithful performance of the obligations imposed by said Clause of the
Contract, in the amount of .

We, the undersigned , legally domiciled in (hereinafter “the Guarantor”), as instructed by the
Supplier, agree unconditionally and irrevocably to guarantee as primary obligor and not as surety
merely, the payment to The Bank on its first demand without whatsoever right of objection on our
part and without its first claim to the Supplier, in the amount not exceeding .

This security shall remain valid and in full effect from the date of the advance payment received
by the Supplier under the Contract until , [insert year].

Name:
In the capacity of

Signed:

Duly authorized to sign the Security for and on behalf of:

Dated on [insert day] day of ], 2019

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