Ainaro NCB - R 190023

REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE
MINISTÉRIO DAS OBRAS PÚBLICAS

DIREÇÃO GERAL DE ADMINISTRAÇÃO E FINANÇAS
DIREÇÃO NACIONAL DE APROVISIONAMENTO
R4D RURAL ROAD PERIODIC MAINTENANCE

MAUBISSE - LIURAI CHAINAGE 0+000 – 10 + 200
AINARO MUNICIPALITY
MOP / W / NCB – R / 190023
BIDDING DOCUMENTS
APRIL 2019
PART I
BIDDING PROCEDURES
SECTION 1 - INSTRUCTIONS TO BIDDERS

SECTION 2 - BID DATA SHEET
SECTION 3 - EVALUATION AND QUALIFICATION CRITERIA
SECTION 4 - BIDDING FORMS
Section I: Instruction to Bidders
SECTION 1 - INSTRUCTIONS TO BIDDERS
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Table of Clauses
A. General............................................................................................................................ 4
1. Scope of Bid ...................................................................................................................... 4
2. Source of Funds ................................................................................................................. 4
3. Fraud and Corruption........................................................................................................... 4
4. Eligible Bidders ................................................................................................................... 5
B. Contents of Bidding Document ........................................................................................ 6
5. Sections of Bidding Document ............................................................................................... 6
6. Clarification of Bidding Document .......................................................................................... 6
7. Pre-Bid Meeting and Site Visit................................................................................................ 6
8. Amendment of Bidding Document ......................................................................................... 6
C. Preparation of Bids .......................................................................................................... 7
9. Cost of Bidding .................................................................................................................. 7
10. Language of Bid.................................................................................................................. 7
11. Documents Comprising the Bid.............................................................................................. 7
12. Letters of Bid and Schedules ................................................................................................ 7
13. Alternative Bids ................................................................................................................... 7
14. Bid Prices .......................................................................................................................... 7
15. Currencies of Bid and Payment .............................................................................................. 8
16. Documents Comprising the Technical Proposal ........................................................................ 8
17. Period of Validity of Bids ...................................................................................................... 9
18. Bid Security ....................................................................................................................... 9
19. Format and Signing of Bid .................................................................................................... 9
D. Submission and Opening of Bids ..................................................................................... 10
20. Sealing and Marking of Bids .................................................................................................. 10
21. Deadline for Submission of Bids ............................................................................................. 10
22. Late Bids ........................................................................................................................... 10
23. Opening of Technical Bids ................................................................................................... 10
24. Opening of Price Bids .......................................................................................................... 11
E. Evaluation and Comparison of Bids............................................................................................................................................................. 11
25. Process to be Confidential ................................................................................................................................................................................................................. 11
26. Clarification of Bids....................................................................................................................................................................................................................................... 11
27. Preliminary Examination of Technical Bids ...................................................................................................................................................................... 11
28. Responsiveness of Technical Bid................................................................................................................................................................................................. 12
29. Evaluation of Price Bids .......................................................................................................................................................................................................................... 12
30. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids .................................................................................................. 12
F. Award of Contract………………………………………………………………………………………..12
31. Award Criteria..................................................................................................................................................................................................................................................... 12
32. Notification of Award ................................................................................................................................................................................................................................. 13
33. Signing of Contract .................................................................................................................................................................................................................................... 13
34. Performance Security ................................................................................................................................................................................................................................ 13
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INSTRUCTION TO BIDDER
A. GENERAL
1. Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid Data Sheet
(BDS), the Employer, as indicated in the BDS, issues these Bidding Documents
for the procurement of Works as specified in Section 5 (Employer’s
Requirements). The name and identification number of this tender package are
provided in the BDS.
1.2 Throughout these Bidding Document:
(a) the term “in writing” means communicated in written form and delivered
against receipt;
(b) except where the context requires otherwise, words indicating the singular
also include the plural and words indicating the plural also include the
singular;
(c) bid” shall also mean “tender” and “bidder” shall also mean “tenderer”; and
(d) “day” means calendar day.
2. Source of Funds 2.1 The Employer has allocated funds from its current budget year appropriations
toward the cost of the project named in the BDS. The Employer intends to
apply a portion of the funds to eligible payments under the contract(s) for
which this Bidding Document is issued.
3. Corrupt Practices 3.1 The Employer requires bidders, suppliers, and contractors to observe the
highest standard of ethics during the procurement and execution of contracts.
In pursuance of this policy, the Employer:
(a) defines, for the purposes of this provision, the terms set forth below as
follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting,
directly or indirectly, anything of value to influence improperly the
actions of another party;
(ii) “fraudulent practice” means any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit or
to avoid an obligation;
(iii) “coercive practice” means impairing or harming, or threatening to

impair or harm, directly or indirectly, any party or the property of
the party to influence improperly the actions of a party;
(iv) “collusive practice” means an arrangement between two or more

parties designed to achieve an improper purpose, including
influencing improperly the actions of another party.
(b) will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, or coercive practices in competing for the
Contract; and
(c) will sanction a party or its successor, including declaring ineligible, either
indefinitely or for a stated period of time, to participate in projects funded
by the Employer, if it at any time determines that the firm has, directly or
through an agent, engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for, or in executing, a contract; and
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(d) Will have the right to inspect the bidder’s accounts and records and other
documents relating to the Bid submission and contract performance and
to have them audited by auditors appointed by the Employer.
4. Eligible Bidders 4.1 Only those contractors licensed and domiciled in the Democratic Republic of
Timor-Leste are eligible to participate in this bidding.
4.2 A Bidder may be a natural person or a private entity or a 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). In the case of a JV:
(a) all partners shall be jointly and severally liable, and
(b) the JV shall nominate a Representative who shall have the authority to
conduct all business for and on behalf of any and all the parties of the JV
during the bidding process and, in the event the JV is awarded the
Contract, during contract execution.
4.3 The Employer considers a conflict of interest to be a situation in which a party

has interests that could improperly influence that party’s performance of
official duties or responsibilities, contractual obligations, or compliance with
applicable laws and regulations. The Employer will take appropriate actions if it
determines that a conflict of interest has flawed the integrity of the
procurement process. Consequently all Bidders found to have a conflict of
interest shall be disqualified. A Bidder may be considered to be in a conflict of
interest with one or more parties in this bidding process if, including but not
limited to:
(a) they have controlling shareholders in common; or
(b) they receive or have received any direct or indirect subsidy from any of
them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through common
third parties, that puts them in a position to have access to information
about or influence on the Bid of another Bidder, or influence the decisions
of the Employer regarding this bidding process; or
(e) a Bidder participates in more than one bid in this bidding process.
Participation by a Bidder in more than one Bid will result in the
disqualification of all Bids in which the party is involved. However, this
does not limit the inclusion of the same subcontractor in more than one
bid; or
(f) a Bidder participated as a consultant in the preparation of the design or
technical specifications of the contract that is the subject of the Bid; or
(g) a Bidder was affiliated with a firm or entity that has been hired (or is
proposed to be hired) by the Employer as Engineer for the contract.
4.4 A firm that is under a declaration of ineligibility by the Employer in accordance

with ITB 3, at the date of the deadline for bid submission or thereafter, shall
be disqualified.
4.5 Bidders shall provide such evidence of their continued eligibility satisfactory to
the Employer, as the Employer shall reasonably request.
B. CONTENTS OF BIDDING DOCUMENT
5. Sections of Bidding 5.1 The Bidding Document consist of Parts I, II, and III, which include all the
Sections indicated below, and should be read in conjunction with any Addenda
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Document issued in accordance with ITB 8.
PART I Bidding Procedures
Section 1 - Instructions to Bidders (ITB)

Section 2 - Bid Data Sheet (BDS)
Section 3 - Bid Evaluation Procedure (BEP) Section
Section 4 - Bidding Forms (BDF)
PART II Requirements
Section 5 - Employer’s Requirements (ERQ)
PART III Conditions of Contract and Contract Forms
Section 6 - General Conditions (GCC)

Section 7 - Particular Conditions (PCC)
Section 8 - Contract Forms (COF)
5.2 The invitation for Bids issued by the Employer is not part of the Bidding
Document.
5.3 The Employer is not responsible for the completeness of the Bidding Document
and its Addenda, if they were not obtained directly from the source stated by
the Employer in the Invitation for Bids.
5.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document. Failure to furnish all information or
documentation required by the Bidding Document may result in the rejection
of the bid.
6. Clarification of 6.1 A prospective Bidder requiring any clarification of the Bidding Document shall
Bidding Document, contact the Employer in writing at the Employer’s address indicated in the BDS
Site Visit, Pre-Bid or raise his inquiries during the pre-bid meeting if provided for in accordance
Meeting with ITB 7.1. The Employer will respond in writing to any request for
clarification, provided that such request is received no later than the number
of days prior to the deadline for submission of bids, as specified in the BDS.
The Employer shall forward copies of its response to all Bidders who have
acquired the Bidding Document in accordance with ITB 5.3, including a
description of the inquiry but without identifying its source.
7. Pre-Bid Meeting , 7.1 Unless otherwise specified in the BDS, the Bidder is required to attend the Pre-
Site Visit Bid Meeting as specified in the BDS.
7.2 The Bidder is advised to visit and examine the Site of Works and its
surroundings and obtain for itself on its own responsibility all information that
may be necessary for preparing the bid and entering into a contract for
construction of the Works. The costs of visiting the Site shall be at the Bidder’s
own expense.
8. Amendment of 8.1 At any time prior to the deadline for submission of bids, the Employer may
Bidding Document amend the Bidding Documents by issuing addenda.
8.2 Any addendum issued shall be part of the Bidding Document and shall be
communicated in writing to all who have obtained the Bidding Document from
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the Employer in accordance with ITB 5.3.
8.3 To give prospective Bidders reasonable time in which to take an addendum

into account in preparing their bids, the Employer may, at its discretion,
extend the deadline for the submission of bids, pursuant to ITB 21.2.
C. PREPARATION OF BIDS
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and submission
of its Bid, and the Employer shall not be responsible or liable for those costs,
regardless of the conduct or outcome of the bidding process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the bid
exchanged by the Bidder and the Employer, shall be written in the language
specified in the BDS. Supporting documents and printed literature that are
part of the Bid may be in another language provided they are accompanied by
an accurate translation of the relevant passages in the language specified in
the BDS, in which case, for purposes of interpretation of the Bid, such
translation shall govern.
11. Documents 11.1 The Bid shall comprise two envelopes submitted simultaneously, one called
Comprising the Bid the Technical Bid containing the documents listed in ITB 11.2 and the other
the Price Bid containing the documents listed in ITB 11.3, both envelopes
enclosed together in an outer single envelope.
11.2 The Technical Bid shall comprise the following:

(a) Letter of Technical Bid;
(b) alternative bids, if permissible, in accordance with ITB 13;
(c) Bid Security or Bid Securing Declaration, in accordance with ITB 18;
(d) written confirmation authorizing the signatory of the Bid to commit the
Bidder, in accordance with ITB 19.2;
(e) documentary evidence in accordance with ITB 16 establishing the Bidder’s
qualifications to perform the contract
(f) Technical Proposal in accordance with ITB 16; and
(g) Any other document required in the BDS.
11.3 The Price Bid shall comprise the following:

(a) Letter of Price Bid;
(b) completed Price Schedules, in accordance with ITB 12 and 14;
(c) alternative price bids, at Bidder’s option and if permissible, in accordance
with ITB 13;
(d) Any other document required in the BDS.
11.4 In addition to the requirements under ITB 11.2, bids submitted by a JV shall
include a copy of the Joint Venture Agreement entered into by all partners.
Alternatively, a Letter of Intent to execute a Joint Venture Agreement in the
event of a successful bid shall be signed by all partners and submitted with the
bid, together with a copy of the proposed agreement.
12. Letters of Bid, and 12.1 The Letters of Technical Bid and Price Bid, and the Schedules, and all
Schedules documents listed under ITB 11, shall be prepared using the relevant forms
furnished in Section 4 (Bidding Forms). The forms must be completed without
any alterations to the text, and no substitutes shall be accepted. All blank
spaces shall be filled in with the information requested.
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13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative bids shall not be considered.
14. Bid Prices 14.1 The prices quoted by the Bidder in the Letter of Price Bid and in the Bill of
Quantities shall conform to the requirements specified below.
14.2 The Bidder shall fill in rates and prices for all items of the Works described in
the Bill of Quantities. Items for which no rate or price is entered by the Bidder
will not be paid for by the Employer when executed and its cost shall be
deemed covered by the other rates and prices in the Bill of Quantities.
14.3 The price to be quoted in the Letter of Price Bid, in accordance with ITB 12.1,
shall be the total price of the Bid.
14.4 Unless otherwise provided in the BDS and the Contract, the rates and prices
quoted by the Bidder are fixed and not subject to adjustment during the
performance of the Contract.
14.5 All duties, taxes, and other levies payable by the Contractor under the
Contract, or for any other cause, as in force at the date 10 working days prior
to the deadline for submission of bids, shall be included in the rates and prices
and the total Bid Price submitted by the Bidder.
15. Currencies of Bid 15.1 The unit rates and the prices shall be quoted by the bidder entirely in the
and Payment currency specified in the BDS.
16. Documents 16.1 The documents comprising the Technical Bid shall contain all information
Comprising the required to establish the Bidder’s technical and financial capabilities to
Technical Proposal successfully implement the works. In preparing the technical proposal
documents, the Bidder should refer to Section 3 (Evaluation Criteria) and the
information sheets included in Section 4 (Bidding Forms).
17. Period of Validity 17.1 Bids shall remain valid for the period specified in the BDS after the bid
of Bids submission deadline date prescribed by the Employer. A bid valid for a shorter
period shall be rejected by the Employer as nonresponsive.
17.2 In exceptional circumstances, the Employer may request that the bidders
extend the period of validity for a specified additional period. The request and
the bidders’ responses shall be made in writing or by cable. A Bidder may
refuse the request without forfeiting the Bid Security. A Bidder agreeing to the
request will not be required or permitted to otherwise modify the Bid, but will
be required to extend the validity of Bid Security for the period of the
extension, and in compliance with Clause 18 in all respects.
18. Bid Security 18.1 The Bidder shall furnish as part of its bid, a Bid Security in the form of a Bid
Securing Declaration.
18.2 The Bid Securing Declaration shall use the form included in Section 4 (Bidding
Forms)
18.3 Any Bid not accompanied by a Bid Securing Declaration shall be rejected by
the Employer as nonresponsive.
18.4 The Bid Securing Declaration shall be executed:
(a) if a Bidder withdraws its bid during the period of bid validity specified by
the Bidder on the Letters of Bid, except as provided in ITB 17.2 or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 33;
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(ii) furnish a performance security in accordance with ITB 34; or

(iii) refuses to accept corrections of arithmetic errors pursuant to ITB 29
18.5 The Bid Securing Declaration of a JV shall be in the name of the JV that
submits the Bid. If the JV has not been legally constituted at the time of
bidding, the Bid Securing Declaration shall be in the names of all future
partners as named in the letter of intent mentioned in ITB 4.2.
19. Format and Signing 19.1 The Bidder shall prepare one original of the Technical Bid and one original of
of Bid the Price Bid comprising the Bid as described in ITB 11 and clearly mark it
“ORIGINAL - TECHNICAL BID” and “ORIGINAL - PRICE BID”. Alternative bids,
if permitted in accordance with ITB 13, shall be clearly marked
“ALTERNATIVE”. In addition, the Bidder shall submit copies of the Technical
and Price Bids, 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.
19.2 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 confirmation as specified in
the BDS and 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 unamended printed literature, shall be signed
or initialed by the person signing the bid.
19.3 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
20. Sealing and 20.1 The Bidder shall enclose the original of the Technical Bid, the original of the
Marking of Bids Price Bid, and each copy of the Technical Bid and each copy of the Price Bid, in
separate sealed envelopes, duly marking the envelopes as “ORIGINAL -
TECHNICAL BID”, “ORIGINAL - PRICE BID” and “COPY NO… - TECHNICAL
BID” and “COPY NO…. - PRICE BID.” These envelopes, the first containing the
originals and the others containing copies, shall then be enclosed in one single
envelope per set. If permitted in accordance with ITB 13, alternative bids shall
be similarly sealed, marked and included in the sets.
20.2 The inner and outer envelopes shall:
(a) bear the name and address of the Bidder;

(b) be address tot eh Employer in accordance with BDS 22.1; and
(c) bear the specific identification of this bidding process indicated in the BDS
1.1.
20.3 If all envelopes are not sealed and marked as required, the Employer will
assume no responsibility for the misplacement or premature opening of the
bid.
21. Deadline for 21.1 Bids must be received by the Employer at the address and no later than the
Submission of Bids date and time indicated in the BDS. When so specified in the BDS, Bidders
shall have the option of submitting their Bids electronically. Bidders submitting
bids electronically shall follow the electronic bid submission procedures
specified in the BDS.
21.2 The Employer may, at its discretion, extend the deadline for the submission of
bids by amending the Bidding Document in accordance with ITB 8, in which
case all rights and obligations of the Employer and Bidders previously subject
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to the deadline shall thereafter be subject to the deadline as extended.
22. Late Bids 22.1 The Employer shall not consider any bid that arrives after the deadline for
submission of bids, in accordance with ITB 21. Any bid received by the
Employer after the deadline for submission of bids shall be declared late,
rejected, and returned unopened to the Bidder.
23. Opening of 23.1 The Employer shall open the Technical Bids in public at the address, date and
Technical Bids time specified in the BDS in the presence of Bidders` designated
representatives and anyone who choose to attend. The Price Bids will remain
unopened and will be held in custody of the Employer until the specified time
of their opening.
23.2 The envelopes holding the Technical Bids shall be opened one at a time, and
the following read out and recorded:
(a) the name of the Bidder;
(b) the presence of a Bid Security, if required; and
(c) any other details as the Employer may consider appropriate.
Only Technical Bids read out and recorded at bid opening shall be considered
for evaluation. No Bid shall be rejected at the opening of Technical Bids except
for late bids, in accordance with ITB Sub-Clause 22.1.
23.3 The Employer shall prepare a record of the opening of Technical Bids that shall
include, as a minimum: the name of the Bidder and whether there is a
withdrawal, substitution, or modification; alternative proposals; 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.
24. Opening of Price 24.1 At the end of the evaluation of the Technical Bids, the Employer will invite
Bids only the bidders with the top two technical scores to attend the opening of
the Price Bids. The date, time, and location of the opening of Price Bids will be
advised in writing by the Employer.
24.2 In accordance with the applicable law, the Employer shall open the Price Bids
of only those Bidders with the top two(2) scores based on the result of the
Technical Evaluation conducted in accordance with ITB-27.
24.3 The Employer shall conduct the opening of Price Bids of only the bidders with
the top two technical scores in the presence of Bidders’ representatives who
choose to attend at the address, date and time specified by the Employer. The
Bidder’s representatives who are present shall be requested to sign a register
evidencing their attendance.
24.4 The Employer shall prepare a record of the opening of Price Bids that shall
include, as a minimum: the name of the Bidder, the Bid Price (per lot if
applicable), any discounts, and alternative offers. 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.
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E. EVALUATION AND COMPARISON OF BIDS
25. Process to be 25.1 Information relating to the examination, clarification, evaluation and
Confidential comparison of bids and recommendations for the award of the contract shall
not be disclosed to Bidders or any other persons not officially concerned with
such process until the award to the successful Bidder has been announced.
Any effort by a Bidder to influence the Employer’s processing of bids or award
decisions may result in the rejection of his Bid.
25.2 Notwithstanding ITB 25.1, from the time of bid opening to the time of Contract
award, if any Bidder wishes to contact the Employer on any matter related to
the bidding process, it may do so in writing.
26. Clarification of Bids 26.1 To assist in the examination, evaluation, and comparison of the Technical and
Price Bids, the Employer may, at its 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 Employer shall not be considered. The Employer’s request for
clarification and the response shall be in writing. No change in the substance
of the Technical Bid or prices in the Price Bid shall be sought, offered, or
permitted, except to confirm the correction of arithmetic errors discovered by
the Employer in the evaluation of the Price Bids, in accordance with ITB 29.
26.2 If a Bidder does not provide clarifications of its Bid by the date and time set in
the Employer’s request for clarification, its bid may be rejected.
27. Preliminary 27.1 The Employer shall examine the Technical Bid to confirm that all documents
Examination and technical documentation requested in ITB Sub-Clause 11.2 have been
of Technical Bids provided, and to determine the completeness of each document submitted.
27.2 The Employer shall confirm that the following documents and information have
been provided in the Technical Bid. If any of these documents or information
is missing, the bid shall be rejected.
(a) Letter of Technical Bid;
(b) written confirmation of authorization to commit the Bidder;
(c) Bid Security; and
(d) Technical Proposal in accordance with ITB 16.
28. Determination of 28.1 The Employer’s determination of a Bid’s responsiveness is to be based on the
Responsiveness of contents of the bid itself, as defined in ITB10 and evaluated in accordance
Technical Bid with the procedure specified under Section 3 – Bid Evaluation Procedure.
29. Evaluation of Price 29.1 The evaluation scoring for price bids shall be conducted in accordance with the
Bids procedure specified under Section 3 – Bid Evaluation Procedure.
29.2 In the evaluation of Price Bids, the Employer 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
Employer 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.
29.3 If the Bidder that submitted the highest combined score evaluated does not
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accept the correction of errors, its Bid shall be disqualified and its bid security
may be forfeited.
29.4 If the Evaluated Price Bid is seriously unbalanced or front loaded in the opinion
of the Employer, the Employer may require the Bidder to produce detailed
price analyses for any or all items of the Bill of Quantities, to demonstrate the
internal consistency of those process with the work methods and schedule
proposed. After evaluation of the price analyses, taking into consideration the
schedule of estimated Contract payments, the Employer may require that the
amount of the performance security be increased at the expense of the Bidder
to a level sufficient to protect the employer against financial loss in the event
of default of the successful Bidder under the Contract.
30. Employer’s Right to 30.1 The Employer reserves the right to accept or reject any bid, and to annul the
Accept Any Bid, bidding process and reject all bids at any time prior to contract award, without
and to Reject Any thereby incurring any liability to Bidders. In case of annulment, all bids
or All Bids submitted and specifically, bid securities, shall be promptly returned to the
Bidders.
D. Award of Contract
31. Award Criteria 31.1 The Employer shall award the contract to the Bidder with the highest
combined score evaluated in accordance with the procedure specified under
Section 3 – Bid Evaluation Procedure, provided further that the Bidder has
remained qualified to perform the Contract satisfactorily.
32. Notification of 32.1 Prior to the expiration of the period of bid validity, the Employer shall notify
Award the successful Bidder, in writing, via the Letter of Acceptance included in the
Contract Forms, that its bid has been accepted.
32.2 Until a formal contract is prepared and executed, the notification of award
shall constitute a binding Contract
32.3 At the same time, the Employer will publish it in accordance with the law and
return their Price Bids unopened.
32.4 After publication of the award, unsuccessful bidders may request in writing to
the Employer for a debriefing seeking explanations on the grounds on which
their bids were not selected. The Employer shall promptly respond in writing
to any unsuccessful Bidder who, after publication of contract award, requests
a debriefing.
33. Signing of Contract 33.1 Promptly after notification, the Employer shall send the successful Bidder the
Contract Agreement.
33.2 Within seven (7) days of receipt of the Contract Agreement, the successful
bidder shall sign, date, and return it to the Employer.
34. Performance 34.1 Within seven (7) days of the receipt of notification of award from the
Security Employer, the successful Bidder shall furnish the performance security in
accordance with the conditions of contract, subject to ITB 29.4, using for that
purpose the Performance Security Form included in Section 7 (Contract
Forms), or another form acceptable to the Employer.
34.2
Failure of the successful Bidder to submit the above-mentioned Performance
Security or to sign the Contract Agreement shall constitute sufficient grounds
for the annulment of the award and forfeiture of the bid security. In that
event the Employer may award the Contract to the next highest evaluated
ranked Bidder whose offer is substantially responsive and is determined by
the Employer to be qualified to perform the Contract satisfactorily.
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Section 2: Bid Data Sheet (BDS)
SECTION 2 - BID DATA SHEET (BDS)
1
Bid Data Sheet
This section consists of provisions that are specific to each procurement and supplement the information or
requirements included in Section 1 - Instructions to Bidders.
A. Introduction
ITB 1.1 The Employer is:
Ministry of Public Works, Timor-Leste

ITB 1.1 The Project Name is :
R4D RURAL ROAD PERIODIC MAINTENANCE
MAUBISSE - LIURAI CHAINAGE 0+000 – 10 + 200
AINARO MUNICIPALITY
The identification number of this tender is: MOP/W/NCB-R/190023
The number and identification of lots comprising this tender are: NOT APPLICABLE
ITB 4.1 The “Eligible Bidder” is amended and read as
Only those contractors domiciled in AINARO Municipality are eligible to participate in this
bidding.
B. Bidding Documents
ITB 6.1 For clarification purposes only, the Employer’s address is:
Quintiliano Afonso Belo

Directorate of National Procurement - Secretary General, MPW, Avenida de 20
Maio, Caicoli, Dili, Timor Leste
Phone +670 3311435
The deadline for the submission of requests for clarification shall be ten (10) calendar days
before the deadline for submission of bids.
ITB 7.1
Date: 14 May 2019 (3 Days Pre-bid Training).
Time: 08:30 AM to 5: 00 PM (Local Timor Leste Time)
Place: Meeting Room, Administration, Municipality Ainaro
Address: Ainaro,
The Bidder’s attendance at the Pre-Bid Meeting-Training is mandatory for Bidder
Qualification
ITB 7.2 A Site visit shall be organized by the Employer.
Site visit schedule will be announced during the pre-bid training.
The Bidder’s attendance at the site visit is mandatory for Bidder Qualification
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C. Preparation of Bids
ITB 10.1 The language of the bid is: ENGLISH
ITB 11.2 (g) The Bidder shall submit with its Technical bid the following additional document:
a. Authenticated copy of current Business Registration Certificate (Serve)
b. Company Ownership Documents (Serve)
c. Authenticated Certidao de Dividas (Serve)
d. Authenticated copy of previous quarter tax statement from Timor Leste Revenue
Service (TIN ) – (Serve)
e. Estatutos (Serve)
f. Authenticated Certidao de Dividas ba Seguranca Social
g. Don Bosco Training Course Certificate under ILO-R4D and ILO-ERA Projects
h. Records of attendance at the pre-bid training, site visit and meeting
ITB 11.3 (d) The Bidder shall submit with its Price Bid the following additional documents:
Unit Price Analysis of each item of work in the Bill of Quantities
ITB 15.1 The unit rates and prices shall be: United States Dollar
ITB 17.1 The bid validity period shall be Ninety (90) days.
ITB 18.1 A Bid Security is required. The Bid Security shall be in the form of a Bid Securing
Declaration as provided in Section IV – Bidding Forms.
The number of copies is as follows:
ITB 20.1
Technical Bid: one (1) original and two (2) copies

Price Bid: one (1) original and two (2) copies
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder shall consist of:
(a) Special Power of Attorney or Certified Authorization under oath for Single
Proprietorship.
(b) Board Resolution or Secretary’s Certificate, for Corporation
(c) A Joint Venture shall include an undertaking signed by all parties (i) stating that
all parties shall be jointly and severally liable, and (ii) nominating a
Representative who shall have authority to conduct all business for and on
behalf of any and all the parties of the Joint Venture during the bidding process
and, in the event the Joint Venture is awarded the Contract, during contract
execution.
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D. Submission and Opening of Bids
ITB 21.1 For bid submission purposes only, the Employer’s address is:
TENDER BOX
Meeting Room, Administration Municipality Ainaro, Timor-Leste.
The deadline for bid submission is:
Date:13 June 2019; Time: 09:00 - 12.00 hours local time
ITB 23.1 The Technical Bid opening shall take place at the office of the:
Meeting Room, Administration Municipality Ainaro, Timor-Leste
Date: 13 June 2019; Time: 12.00 hours local time
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Section 3: Evaluation and Qualification Criteria
EVALUATION AND QUALIFICATION CRITERIA
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Section 3
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders. No other
methods, criteria and factors shall be used. The Bidder shall provide all the information requested in the forms
included in Section 4 (Bidding Forms).
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The evaluation of bids shall be undertaken in accordance with the procedures described herein. No other methods,
criteria and factors shall be used.
The evaluation shall be based on the documents that the Bidder has submitted with its Bid. Therefore, the Bidder is
reminded to provide all the information requested in the forms included in Section 4 (Bidding Forms) to enable the
Employer to make an evaluation.
a) TECHNICAL EVALUATION
The first stage in the evaluation process is the evaluation of Technical Bids and this shall be undertaken in accordance
with the technical evaluation criteria, sub-criteria, and scoring system specified below.
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A. MANDATORY DOCUMENTS
The following documents should be included. Missing documents should be submitted before signing contracts.
Invalid documents should be renewed before signing
Form No Detail
C1 Licensa
C2 Ownership ('Para quem…')
C3 Certidao de Dividas
C4 TIN
C5 Estatutos
C7 Certidao de Dividas ba Seguranca Social
T3 Written Power of Attorney (if tender is signed by other than
Director)
T4 Records of attendance at the pre-bid training, site visit and
meeting
B. TECHNICAL EVALUATION - 70% to pass
Form No Detail Weight Score (S) WxS Scoring Methodology

(W) (0-10)
T5 List of completed 10 score = (value of largest completed
construction contracts over last 5 years / estimate
contracts for this project) * 15 (max 10)
T6 List of current 5 score = (estimate for this project /
construction value of current contracts (except for
contracts those in DLP)) * 10 (max 10)
C6 Bank statements 5 score = (average balance over past 6
for past 6 months months/estimate for this project) *30
(max 10)
C6 Bank statement 5 score = (ending balance - net of
Ending Balance current commitments /estimate for
this project) *30 (max 10)
T7 CV of Director 5 score = 0 if CV is absent; score = (7
for 5 years of experience) + (3 for a
Don Bosco/IADE certificate)
T8 CV of 5 score = 0 if CV is absent; score = (7
Engineer/Supervisor for 5 years of experience) + (3 for a
Don Bosco certificate)
T9 Work programme 5 0 if absent or unclear;
1-3 if insufficient detail;
4-6 if reasonable detail;
7-9 if good detail;
10 if very clear, realistic and detailed
T10 Statement of work 3 0 if the company shows no

management understanding of the important
issues;
1-3 if there is very low
understanding;
4-6 if there is moderate
understanding;
7-9 is there is good understanding;
10 if there is complete
understanding
8
T11 Statement of 3 0 if the company shows no

equipment understanding of the important
availability issues;
understanding;
understanding;
10 if there is complete understanding
material sourcing understanding of the important
issues;
understanding;
understanding;
T13 Local development 3 0 if the company shows no
statement understanding of the important
issues;
understanding;
understanding;
commercial understanding of the important
capability issues;
understanding;
understanding;
The passing score for bidder qualification is 420 points out of 600.
b) FINANCIAL EVALUATION
The second stage will be the evaluation of the Price Bids of only those Bidders with the top two technical
scores based on the result of the first stage evaluation above. The price evaluation will be undertaken in accordance with
the provisions of Clause ITB-29.
To determine the "price score", the lowest evaluated bid price X will automatically score 600 points for the price component
evaluation. The other bidder with bid price Y will be assigned a price proposal score = 600 * (X / Y).
The final ranking shall be determined by combining the Technical and Price scores, applying a Technical:Price
Ration of 75:25.
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Section 4: Bidding Forms (BF)
Bidding Forms (BF)
1
Bidding Forms
This Section contains the forms which are to be completed by the Bidder and submitted as part of his
Bid.
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Form T1- Letter of Technical Bid
Date: ..................................................
NCB No.: ..................................................
To: ...................................................
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including Addenda issued
in accordance with Instructions to Bidders (ITB) 8;
(b) We offer to execute in conformity with the Bidding Documents the following Works:
(c) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period of Ninety
(90) 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 the
expiration of that period;
(d) We, including any subcontractors or suppliers for any part of the contract, do not have any
conflict of interest in accordance with ITB 4.2;
(e) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this bidding
process in accordance with ITB 4.2, other than alternative offers submitted in accordance with
ITB 13;
(f) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any part of the
contract, has not been declared ineligible under the Employer’s country laws or official regulations
or by an act of compliance with a decision of the United Nations Security Council;
Name ...................................................................................................................................................
In the capacity of ..................................................................................................................................
Signed .................................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .................................................................................
Date .....................................................................................................................................................
............................................................................................................................................................
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Form T2 (A): Bidder’s Information Sheet
Bidder’s Information
Bidder’s legal name
In case of JV, legal

name of each
partner
Bidder’s country of
constitution
Bidder’s year of
constitution
Bidder’s legal
address in country
of constitution
Bidder’s authorized
representative
(name, address,
telephone numbers, fax
numbers, e-mail
address)
Attached are copies of the following original documents.
 1. In case of single entity, articles of incorporation or constitution of the legal entity named
above, in accordance with ITB 4.1 and 4.2.
 2. Authorization to represent the firm or JV named in above, in accordance with ITB 20.2.
 3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
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Form T2(B): JV Information Sheet (Applicable only for JV)
Each member of a JV must fill in this form

JV / Specialist Subcontractor Information
Bidder’s legal name
JV Partner’s or
Subcontractor’s
legal name
JV Partner’s or
Subcontractor’s
country of
constitution
JV Partner’s or
Subcontractor’s year
of constitution
JV Partner’s or
Subcontractor’s
legal address in
country of
constitution
JV Partner’s or
Subcontractor’s
authorized
representative
information
(name, address,
telephone numbers,
fax numbers, e-mail
address)
Attached are copies of the following original documents.
 1. Articles of incorporation or constitution of the legal entity named above, in
accordance with ITB 4.1 and 4.2.
 2. Authorization to represent the firm named above, in accordance with ITB 20.2.
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Form T3 – Written Power of Attorney
This form is required only if the tender is signed by other than the Director.
Place, date
Power of Attorney
To whom it may concern.
This to certify that I, (name of Director), Director of (name of Company) is authorizing

(name of the person) to sign the bid for
Yours sincerely,
Name of Director
Name of Company
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Form T4 – Records of attendance at the pre-bid training, site visit and meeting
Pre-bid training/Pre-bid Meeting *
This is to record that Sr(a) _______________ and Sr(a) _______________ of ________________ Lda
participated in the training at __________________ on the _____ to the _____ of _____, 20_____,
including training on how to complete the tender documents.
____________________ ____________________ ____________________
____________________ ____________________ ____________________
Contractor MPW-SG ILO/R4D
Pre-bid site visit
This is to record that Sr(a) _______________ and Sr(a) _______________ of ________________ Lda
attended the site visit to __________________ on the _____ of _____, 20_____ and were given the
opportunity to ask questions relating to the work described in the BoQ.
____________________ ____________________ ____________________
____________________ ____________________ ____________________
Contractor MPW-SG ILO/R4D
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Form T5 – List of completed construction contracts
Completed construction contracts during the last 3 years

Copy of contracts/invoices to be attached – indicate the value of work completed by the Bidder
No. Name of Employer (with Value of Contract start Value invoiced

contract contact details) contract and end date ($)
($)
9
Form T6 – List of current construction contracts
Current construction contracts, committed or in progress

Copy of contracts/invoices to be attached – indicate the value of the work to be completed by the
Bidder
No. Name of Employer (with Value of Contract start Value invoiced

contract contact details) contract and estimated to date ($)
($) end date
10
Form T7 – CV of Director – all parts of the CV must be completed
Name of Bidder
Position Director
Personal Name Date of birth

information
Professional qualifications
Present Name of employer

employment
Address of employer
Telephone Contact (manager / personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience, in reverse chronological order. Indicate particular technical and managerial
experience relevant to the project.
From To Duration of Services Position Company / Project / Employer / Relevant

mm-yy mm-yy (No. of months or technical and management experience
years)
11
Form T8 – CV of Engineer/Supervisor – all parts of the CV must be completed
Name of Bidder
Position Engineer/Supervisor
Personal Name Date of birth

information
Professional qualifications
Present Name of employer

employment
Address of employer
Telephone Contact (manager / personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience, in reverse chronological order. Indicate particular technical and managerial
experience relevant to the project.
From To Duration of Services Position Company / Project / Employer / Relevant

mm-yy mm-yy (No. of months or technical and management experience
years)
12
Form T9 – Work programme
The Bidder should include a work programme, divided into weeks, showing when the activities in the BoQ will
be carried out and completed within the contract period. The work programme should show which activities
must be completed before others can be started and should take into account expected delays such as rains.
13
Form T10 – Statement of work management
This form should be completed to show how the contractor will plan and manage the work.
What activities will be carried out

during mobilization?
How long will mobilization take?
What activities will be carried out by

labour?
What activities will be carried out by

equipment?
What equipment will be used?
What safety measures will be used

to protect the workers?
What safety measures will be used

to protect members of the public?
What are the main hazards to the

environment during this work?
What measures will be used to

protect the environment from these
hazards?
How will quality be guaranteed

during the work?
What are the most important

measures to take to guaranteed
quality?
How will the defect liability period

be managed?
How will routine maintenance be

arranged and managed?
How will supervision be arranged if

the contract includes more than one
road?
14
Form T11 – Statement of equipment availability
This form should be completed to show that adequate equipment will be available.
HAULAGE
What activities require haulage

equipment?
What arrangements will be made

for trucks and other haulage
equipment?
List the equipment that will be used.
Is the equipment owned or hired?
COMPACTION
What activities require compaction

equipment?

for compaction equipment?
EXCAVATION
What activities require excavation

equipment?

for excavation equipment?
CEMENT MIXING
What activities require cement

mixing equipment?

for cement mixing equipment?
OTHER EQUIPMENT
What other equipment will be used?
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Form T12 – Statement of material sourcing
This form should be completed to show that adequate materials will be available.
GRAVEL
Is gravel required for this work?

to obtain gravel?
How will the quality of the gravel

be guaranteed?
How far away is the source of the

gravel?
RAI-HENEK
Is rai-henek required for this work?

to obtain rai-henek?
How will the quality of the rai-

henek be guaranteed?

rai-henek?
STONES
Are stones required for this work?

to obtain stones?
How will the quality of the stones

be guaranteed?

stones?
CEMENT / STEEL
Are cement /steel required for this

work?

to obtain cement / steel?
How will the quality of the cement

/ steel be guaranteed?

cement / steel?
16
Form T13 – Statement of local development
This form should be completed to show how the contractor will support local communities.
Which materials, tools and

equipment will be obtained from
local communities and businesses?
Will agreements be signed with the

local communities for materials and
labour?
How many skilled workers will be

employed from local communities?
How will the recruitment of workers

from local communities be
organised?
How will workers from local

communities be paid?
What training will be given to skilled

and unskilled workers from local
communities?
How will female workers be

supported? (child care facilities,
working near to home, half-day
working, etc)
How will disabled workers be

supported? (appropriate activities,
etc)
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Form T14 – Statement of commercial capability

The bidder should describe the commercial capability of the company, using the following headings.
Who owns the company?
What is the nature of the business of the company?
For how many years has the company been working in civil construction?
What has been the financial turnover of the company over the last 3 years?
2018
2017
2016
What has been the largest completed contract in the last 3 years?
How will the company manage risk, such as the absence of workers, heavy rain, slow progress, etc?
How will the company ensure that it complies with the contract – contractually, technically, financially?
What contracts has the company previously completed for the Government?
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BID SECURING DECLARATION
Date: ___________
Tender ID No.:
Tender Description:
To: Directorate of National Procurement, SG, MPW

Alvenida de 20 Maio, Caicoli, Dili, Timor-Leste
We understand that, according to your conditions, bids must be supported by a Bid Securing Declaration.
We accept that we will automatically be suspended from being eligible for bidding in any contract with the Government
of the Democratic Republic of Timor-Leste for the period of time of One Year, if we are in breach of our
obligation(s) under the bid conditions, because we:
(a) have withdrawn our Bid during the period of bid validity specified in the Form of Bid; or
(b) having been notified of the acceptance of our Bid by the Employer during the period of bid validity, (i)
fail or refuse to execute the Contract, if required, or (ii) fail or refuse to furnish the Performance Security, in
accordance with the ITB.
We understand this Bid Securing Declaration shall expire if we are not the successful Bidder, upon the earlier
of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight days after the
expiration of our Bid.
Signed: ___________________________________________________________________________________
In the capacity of ____________________________________________________________________________
Name: ____________________________________________________________________________________
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ______________ day of _________
Corporate Seal [where appropriate]
Note:
In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all partners to the Joint Venture
that submits the bid.
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Form F1 – Front cover
Financial Proposal
District: ______________________________
Sub-District: ______________________________
Road name: ______________________________
Km: ______________________________
Contract reference: ______________________________
Name of contractor: ______________________________
Address of contractor: ______________________________
Telephone number: ______________________________
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Form F2-Letter of Price Bid
Date: ..................................................
NCB No.: ..................................................
To:
(a) We have examined and have no reservations to the Bidding Documents, including Addenda issued
in accordance with Instructions to Bidders (ITB) 8;
(b) We offer to execute in conformity with the Bidding Documents and the Technical Bid submitted
for the following Works:
(c) The total price of our Bid is:____________________________________________________

_____________________________________________________________________________
_______________________________________________________________________________
___________________________________________________________________________
(insert amount in figures and words)
(d) Our Bid shall be valid for a period of Ninety (90) 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 the expiration of that period;
(e) If our Bid is accepted, we commit to obtain a performance security in accordance with the Bidding
Documents;
(f) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract is
prepared and executed; and
(g) We understand that you are not bound to accept the lowest evaluated bid or any other bid that
you may receive.
Name ...................................................................................................................................................
In the capacity of ..................................................................................................................................
Signed .................................................................................................................................................
............................................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .................................................................................
Date .....................................................................................................................................................
21
Bill of Quantities
22
Form F3 – Bill of Quantities
The BoQ should be completed with unit rates (analysed using Form F4) and totals. Some prices are included in
the BoQ (insurance, relocation of services, etc) and should be left unchanged.
Preamble
1. The BoQ shall be read in conjunction with the Instructions to Bidders, General and Special Conditions of
Contract, Technical Specifications and Drawings.
2. The quantities given in the BoQ are estimated and provisional, and are given to provide a common basis for
bidding. The basis of payment will be the actual quantities of work instructed and completed, as measured by
the Contractor and verified by the Engineer and valued at the prices in the contract BoQ, where applicable, and
otherwise at such rates and prices as the Engineer may fix within the terms of the Contract.
3. The rates and prices stated in the priced BoQ shall except insofar as it is otherwise provided under the Contract
include all Constructional Plant, labour, supervision, materials, erection, maintenance, insurance, profit, taxes
and duties together with all general risks, liabilities and obligations set out or implied under the Contract.
Where separate provision has been made in the BoQ for the pricing of certain fixed and time
related items, the item must be fully priced within the General and Preliminary section and not
distributed throughout work related items included in the other sections of the BoQ.
4. A rate or price shall be entered against each item in the priced BoQ. The cost of Items against which the
Contractor has failed to enter a rate or price shall be deemed to be covered by other rates and prices entered in
the BoQ.
5. The whole cost of complying with the provisions of the Contract shall be included in the Items provided in the
priced BoQ, and where no Items are provided the cost shall be deemed to be distributed among the rates and
prices entered for the related Items of Work.
6. General directions and descriptions of work and materials are not necessarily repeated or summarised in the
BoQ. References to the relevant sections of the contract documentation shall be made before entering prices
against each item in the priced BoQ.
7. Provisional Sums included and so designated in the BoQ shall be expended in whole or in part at the direction
and discretion of the Engineer.
8. The Works as executed will be measured for payment in accordance with the methods described in the Contract
under the various pay items notwithstanding any custom to the contrary. Except where otherwise specified the
net measurements or mass of the finished work in place shall be taken for payment but excluding any volume or
mass of work in excess of that ordered or specified. The Payment Item in the BoQ refers to the corresponding
item number in the Technical Specification, though further details of requirements pertaining to that item may be
included elsewhere in the Technical Specification.
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Ministry of Public Works

Directorate of Roads, Bridges and Flood Control
Ainaro Municipality
Bill of Quantities
Road name : Maubisse - Liurai Chainage start 0+000

Municipality : Ainaro Chainage end 10+200
Postu : Maubisse Length 10.2 Km
Sukos : Maubisse
Item Description Unit Quantity Unit price Total
R-01 General
R-01-01 Mobilisation
R-01-01-01 Mobilisation of equipment to site Lump sum 1 200 200.00
R-01-01-02 Mobilisation meeting Lump sum 1 75 75.00
R-01-01-03 Ceremonial costs at start of contract Lump sum 1 100 100.00
R-01-01-04 Diversions Lump sum 1 100 100.00
R-01-02 Demobilisation
R-01-02-01 Ceremonial costs at end of contract Lump sum 1 100 100.00
R-01-02-02 Reinstatement of quarries Lump sum 1 90 90.00
R-01-02-03 Demobilisation of equipment from site Lump sum 1 100 100.00
R-01-02-04 Demobilisation meeting Lump sum 1 75 75.00
R-01-04-02 Site camp - maintenance no 1 -
R-01-06 Relocation of utility Lump sum 1 50 50.00
R-01-07 Utility pipes under the road Lump sum 1 50 50.00
R-01-08 Mineral fees
R-01-08-01 License fees - medium quarry Quarry 1 500 500.00
R-01-08-03 Extraction fees - sand Tonne 377 2 754.00
R-01-08-04 Extraction fees - gravel - fine fraction Tonne 1029.2 2 2,058.40
R-01-08-05 Extraction fees - gravel - coarse fraction Tonne 1543.8 3 4,631.40
R-01-08-06 Extraction fees - rock Tonne 1359.1 3 4,077.30
Sub-total item R-01
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R-02 Drainage
R-02-03 Culvert
R-02-03-03 Culvert - corrugated steel pipe m 5 -
R-02-04 Sub-surface drainage
Sub-total item R-02 -
R-03 Earth work
R-03-01 Excavation
R-03-01-01 Excavation and disposal - soft soil m3 10 -
R-03-01-02 Excavation and disposal - hard soil m3 916.99 -
R-03-01-03 Excavation and disposal - rock m3 20 -
R-03-02 Fill and compact m3 262.00 -
R-03-03 Road formation
R-03-03-01 Levelling m2 400 -
R-03-03-02 Cambering m3 20 -
R-03-04 Clearing and grubbing
R-03-04-01 Clearing m2 20400 -
R-03-06 Material haulage
R-03-06-01 Material haulage - 100-1000 metres m3 458 -
R-03-06-02 Material haulage - additional km m3 262.00 -
R-05 Granular sub-base and base
R-05-03 Granular pavement

R-05-03-01 Granular pavement - gravel m3 1392.525 -
R-05-03-02 Granular pavement - hand packed stone base m3 2.61 -
R-08 Structures
R-08-08 Mortar cement - finishing

R-08-08-01 Mortar cement - pointing m2 894.639 -
R-08-09 Stone masonry
R-08-09-02 Stone masonry - unfinished m3 447.32 -
R-08-11 Gabion m3 16 -
R-08-17 Demolition of existing structure
R-08-17-01 Demolition of existing structure - stone masonry m3 39.2 -
R-08-18 Cement concrete pavement
R-08-18-05 Cement concrete pavement - plum concrete m3 54 -
R-08-19 Lean concrete m3 22.5 -
R-08-20 Geotextile m2 32 -
R-08-21 Filter material m3 5.56 -
R-08-22 Project signboard no 2 -
R-08-28 Bio-engineering
R-08-28-02 Bio-engineering - grass planting m2 5 -
R-08-28-03 Bio-engineering - tree-shrub planting no 5 -
25
R-10 Dayworks
R-10-01 Dayworks -
R-10-01-03 Dayworks - labour day 5 5.5 27.50
Sub-total item R-10 27.50
R-11 Routine maintenance
R-11-01 Routine maintenance of existing road and accessories

R-11-01-01 Routine maintenance - dry season km.month 30.6 -
R-11-01-02 Routine maintenance - wet season km.month 91.8 -
R-11-01-03 Routine maintenance - CMG training course no 1 $ 50.00 50.00
R-11-01-04 Routine maintenance - CMG leader - dry season section.month 6 -
R-11-01-05 Routine maintenance - CMG leader - wet season section.month 18 -
R-11-01-06 Routine maintenance - gravel supply m3 100 -
R-11-01-07 Routine maintenance - wheelbarrow no 4 -
R-11-01-08 Routine maintenance - bushknife no 6 -
R-11-01-09 Routine maintenance - grass slasher no 6 -
R-11-01-10 Routine maintenance - shovel no 6 -
R-11-01-11 Routine maintenance - ai-suak no 2 -
R-11-01-12 Routine maintenance - pick-axe no 2 -
R-11-01-13 Routine maintenance - hoe no 6 -
R-11-01-14 Routine maintenance - rake no 6 -
R-11-01-15 Routine maintenance - hand rammer no 2 -
R-11-01-16 Routine maintenance - cone or signboard no 4 -
Sub-total item R-11
R-13 General expenses
R-13-01 General expenses

R-13-01-01 Insurance - accident and liability Lump sum 1 1600 1,600.00
R-13-01-02 Environmental compliance month 12 22.5 270.00
R-13-01-03 Drinking water month 12 -
R-13-01-04 Hard hat - yellow - worker no 10 -
R-13-01-05 Hard hat - white - supervisor no 2 -
R-13-01-07 Mask no 45 -
R-13-01-08 Gloves pair 45 -
R-13-01-09 Jacket - yellow - worker no 45 -
R-13-01-10 Jacket - orange - supervisor no 6 -
R-13-01-12 Boots - rubber pair 20 -
R-13-01-13 Boots - canvas pair 20 -
R-13-01-14 Raincoat no 20 -
R-13-01-15 Large first aid kit for camp no 1 -
R-13-01-16 Small first aid kit for site no 2 -
R-13-01-17 Material testing Lump sum -
Sub-total item R-13
R-15 Provisional sum
R-15-01 Provisional sum Lump sum 1 600 600.00

Sub-total item R-15
Total - net
R-14-01 Profit (net cost x %) ; 10% -

R-17-01 Overheads (supervision and risk) net cost x % ; 10% -
R-19-01 Tax ((net cost + profit + overhead) x 2 %) -
Total-gross -
26
Form F4 – Breakdown of unit prices
A unit price analysis sheet should be completed for all activities in the BoQ. The cost of each activity should be
divided between labour, tools and equipment, and materials. The calculated unit prices should be the same as
those in the BoQ.
27
Section 6 – General Conditions of Contract
PART II
SECTION 5 - EMPLOYER’S REQUIREMENTS
This Section contains the Technical Specifications and the Drawings that describe the Works to be
procured
A) TECHNICAL SPECIFICATIONS
B) DRAWINGS
(ISSUED IN A SEPARATE VOLUME)
1
TECHNICAL SPECIFICATIONS
THE TECHNICAL SPECIFICATIONS ARE ISSUED IN APPENDIX 1
2
DRAWINGS
THE DRAWINGS ARE ISSUED IN APPENDIX 2
3
Section 6
General Conditions of Contract (GCC)
4
Section 6: General Conditions of Contract
Table of Clauses
A. General ................................................................................................... …………………….……..... 3
1. Definitions ................................................................................................................................. 3
2. Interpretation ........................................................................................................................... 5
3. Language and Law ..................................................................................................................... 6
4. Project Manager’s Decisions ....................................................................................................... 7
5. Delegation ............................................................................................................................... 6
6. Communications ........................................................................................................................ 6
7. Subcontracting .......................................................................................................................... 6
8. Other Contractors ...................................................................................................................... 6
9. Personnel and Equipment ........................................................................................................... 6
10. Employer’s and Contractor’s Risks ............................................................................................... 6
11. Employer’s Risks ........................................................................................................................ 7
12. Contractor’s Risks....................................................................................................................... 7
13. Insurance ................................................................................................................................. 7
14. Site Investigation Reports ........................................................................................................... 7
15. Contractor to Construct the Works ............................................................................................... 8
16. The Works to Be Completed by the Intended Completion Date ........................................................ 8
17. Designs by Contractor and Approval by the Project Manager ........................................................... 8
18. Safety....................................................................................................................................... 8
19. Discoveries ................................................................................................................................ 8
20. Possession of the Site ................................................................................................................. 8
21. Access to the Site....................................................................................................................... 9
22. Instructions, Inspections and Audits ............................................................................................. 9
23. Appointment of the Adjudicator ................................................................................................... 9
24. Procedure for Disputes ............................................................................................................... 9
B. Time Control ................................................................................................................................ 10
25. Program ................................................................................................................................. 10

26. Extension of the Intended Completion Date................................................................................. 10
27. Acceleration ............................................................................................................................ 10
28. Delays Ordered by the Project Manager ...................................................................................... 11
29. Management Meetings ............................................................................................................. 11
30. Early Warning .......................................................................................................................... 11
C. Quality Control ............................................................................................................................. 11
31. Identifying Defects ................................................................................................................... 11

32. Tests ..................................................................................................................................... 11
33. Correction of Defects ................................................................................................................ 12
34. Uncorrected Defects ................................................................................................................. 12
D. Cost Control ................................................................................................................... …………..12
35. Contract Price …………………………………………………………………………… ……………………………………….12
5
36. Changes in the Contract Price .................................................................................................... 12

37. Variations ............................................................................................................................... 12
38. Cash Flow Forecasts ................................................................................................................. 13
39. Payment Certificates ................................................................................................................. 13
40. Payments ............................................................................................................................... 13
41. Compensation Events ............................................................................................................... 14
42. Tax ....................................................................................................................................... 15
43. Currencies ............................................................................................................................... 15
44. Price Adjustment...................................................................................................................... 15
45. Retention ................................................................................................................................ 16
46. Liquidated Damages ................................................................................................................. 16
47. Bonus ..................................................................................................................................... 16
48. Advance Payment .................................................................................................................... 16
49. Securities ................................................................................................................................ 17
50. Dayworks ................................................................................................................................ 17
51. Cost of Repairs ........................................................................................................................ 17
E. Finishing the Contract…………………………………………………………………………………………17
52. Completion ............................................................................................................................. 17

53. Taking Over ............................................................................................................................ 18
54. Final Account ........................................................................................................................... 18
55. Operating and Maintenance Manuals ......................................................................................... 18
56. Termination............................................................................................................................. 18
57. Fraud and Corruption ............................................................................................................... 19
58. Payment upon Termination ....................................................................................................... 20
59. Property.................................................................................................................................. 20
60. Release from Performance ........................................................................................................ 20
6
General Conditions of Contract
A. General
1. Definitions 1.1 Boldface type is used to identify defined terms.
a. The Accepted Contract Amount means the amount accepted in the Letter
of Acceptance for the execution and completion of the Works and the
remedying of any defects.
b. The Adjudicator is the person appointed jointly by the Employer and

the Contractor to resolve disputes in the first instance, as provided for in GCC
23.1 hereunder.
c. Bill of Quantities means the priced and completed Bill of Quantities

forming part of the Bid.
d. Compensation Events are those defined in GCC 41.1 hereunder.
e. The Completion Date is the date of completion of the Works as

certified by the Project Manager, in accordance with GCC 52.1.
f. The Contract is the Contract between the Employer and the

Contractor to execute, complete, and maintain the Works. It consists
of the documents listed in GCC 2.3 below.
g. The Contractor is the party whose Bid to carry out the Works has
been accepted by the Employer.
h. The Contractor’s Bid is the completed bidding document submitted

by the Contractor to the Employer.
i. The Contract Price is the Accepted Contract Amount stated in t h e

L e t t er o f A c c ept a n c e a nd t h er ea f t er a s a dj u st ed i n accordance
with the Contract.
j. Days are calendar days; months are calendar months.
k. Day works are varied work inputs subject to payment on a time

ba s i s f o r t h e C o n t r a c t o r ’ s em pl o y e es a n d E q u i pm en t , i n
addition to payments for associated Materials and Plant.
l. A Defect is any part of the Works not completed in accordance with

the Contract.
m. The Defects Liability Certificate is the certificate issued by Project

Manager upon correction of defects by the Contractor.
n. The Defects Liability Period is the period calculated from the

Completion Date where the Contractor remains responsible for remedying
defects.
o. Drawings include calculations and other information provided or

approved by the Project Manager for the execution of the Contract.
p. The Employer is the party who employs the Contractor to

carry out the Works, as specified in the PCC.
q. Equipment is the Contractor’s machinery and vehicles brought temporarily to

the Site to construct the Works.
r. Force Majeure means an exceptional event or circumstance: which is beyond

a Party's control; which such Party could not reasonably have provided
7
against before entering into the Contract; which, having arisen, such
Party could not reasonably have avoided or overcome; and, which is not
substantially attributable to the other Party.
s. The Initial Contract Price is the Contract Price listed in the Employer’s
Letter of Acceptance.
t. The Intended Completion Date is the date on which it is intended that

the Contractor shall complete the Works. The Intended Completion Date is
specified in the PCC. The Intended Completion Date may be revised only
by the Project Manager by issuing an extension of time or an acceleration
order.
u. Letter of Acceptance means the formal acceptance by the Employer of the

Bid and denotes the formation of the Contract at the date of acceptance.
v. Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works.
w. “Party” means the Employer or the Contractor, as the context requires.
x. PCC means Particular Conditions of Contract.
y. Plant is any integral part of the Works that shall have a mechanical,
electrical, chemical, or biological function.
z. The Project Manager is the person named in the PCC (or any other
competent person appointed by the Employer and notified to the
Contractor, to act in replacement of the Project Manager) who is responsible
for supervising the execution of the Works and administering the Contract.
aa. Retention Money means the aggregate of all monies retained

by the Employer pursuant to GCC 45.1.
bb. The Site is the area defined as such in the PCC.
cc. Site Investigation Reports are those that were included in the
bidding documents and are factual and interpretative reports about the
surface and subsurface conditions at the Site.
dd. Specification means the Specification of the Works included in the

Contract and any modification or addition made or approved by the Project
Manager.
ee. The Start Date is given in the PCC. It is the latest date when the
Contractor shall commence execution of the Works. It does not
necessarily coincide with any of the Site Possession Dates.
ff. A Subcontractor is a person or corporate body who has a Contract

with the Contractor to carry out a part of the work in the Contract, which
includes work on the Site.
gg. Temporary Works are works designed, constructed, installed, and

removed by the Contractor that are needed for construction or
installation of the Works.
hh. A Variation is an instruction given by the Project Manager which varies

the Works.
ii. The Works are what the Contract requires the Contractor to construct,
install, and turn over to the Employer, as defined in the PCC.
2. Interpretation 2.1 In interpreting these GCC, singular also means plural, male also
8
means female or neuter, and the other way around. Headings have no significance.
Words have their normal meaning under the language of the Contract unless
specifically defined. The Project Manager shall provide instructions clarifying
queries about these GCC.
2.2 If sectional completion is specified in the PCC, references in the GCC to the
Works, the Completion Date, and the Intended Completion Date apply to any
Section of the Works (other than references to the Completion Date and
Intended Completion Date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the

following order of priority:
(a) Agreement,
(b) Letter of Acceptance,
(c) Contractor’s Bid,
(d) Particular Conditions of Contract,
(e) General Conditions of Contract,
(f) Specifications,
(g) Drawings,
(h) Bill of Quantities, and
(i) Any other document listed in the PCC as forming part of the
Contract.
3. Language and 3.1 The language of the Contract and the law governing the Contract are stated in
Law the PCC.
4. Project Manager’s 4.1 Except where otherwise specifically stated, the Project Manager shall decide
Decisions contractual matters between the Employer and the Contractor in the role
representing the Employer.
5. Delegation 5.1 The Project Manager may delegate any of his duties and
responsibilities to other people, except to the Adjudicator, after notifying
the Contractor, and may cancel any delegation after notifying the Contractor.
6. Communications 6.1 Communications between parties that are referred to in the Conditions shall be
effective only when in writing. A notice shall be effective only when it is
delivered.
7. Subcontracting 7.1 The Contractor may subcontract with the approval of the Project
Manager, but may not assign the Contract without the approval of the Employer in
writing. Subcontracting shall not alter the Contractor’s obligations.
8. Other Contractors 8.1 The Contractor shall cooperate and share the Site with other contractors,
public authorities, utilities, and the Employer between the dates given in the
Schedule of Other Contractors, as referred to in the PCC. The Contractor shall
also provide facilities and services for them as described in the Schedule. The
Employer may modify the Schedule of Other Contractors, and shall notify the
Contractor of any such modification.
9. Personnel and 9.1 The Contractor shall employ the key personnel and use the equipment identified in
Equipment its Bid to carry out the Works, or other personnel and equipment approved by
the Project Manager. The Project Manager shall approve any proposed
replacement of key personnel and equipment only if their relevant
qualifications or characteristics are substantially equal to or better than those
proposed in the Bid.
9
9.2 If the Project Manager asks the Contractor to remove a person who is a
member of the Contractor’s staff or work force, stating the reasons, the
Contractor shall ensure that the person leaves the Site within seven days
and has no further connection with the work in the Contract.
10. Employer’s and 10.1 The Employer carries the risks which this Contract states are Employer’s risks,
Contractor’s and the Contractor carries the risks which this
Risks Contract states are Contractor’s risks.
11. Employer’s Risks 11.1 From the Start Date until the Defects Liability Certificate has been issued, the
following are Employer’s risks:
(a) The risk of personal injury, death, or loss of or damage to property
(excluding the Works, Plant, Materials, and Equipment), which are due to
i. use or occupation of the Site by the Works or for the purpose of
the Works, which is the unavoidable result of the Works or
ii. negligence, breach of statutory duty, or interference with any legal
right by the Employer or by any person employed by or contracted to
him except the Contractor.
(b) The risk of damage to the Works, Plant, Materials, and
Equipment to the extent that it is due to a fault of the Employer or in the
Employer’s design, or due to war or radioactive contamination directly
affecting the location where the Works are to be executed.
11.2 From the Completion Date until the Defects Liability Certificate has been
issued, the risk of loss of or damage to the Works, Plant, and Materials is an
Employer’s risk except loss or damage due to
(a) a Defect which existed on the Completion Date,
(b) an event occurring before the Completion Date, which was not itself an
Employer’s risk, or
(c) the activities of the Contractor on the Site after the Completion
Date.
12. Contractor’s 12.1 From the Starting Date until the Defects Liability Certificate has been i s s u e d ,
Risks the risks of personal injury, death, and loss of or damage to
property (including, without limitation, the Works, Plant, Materials, and Equipment)
which are not Employer’s risks are Contractor’s risks.
13. Insurance 13.1 The Contractor shall provide, in the joint names of the Employer and
the Contractor, appropriate insurance cover to protect against Contractor’s
risks, including:
(a) loss of or damage to the Works, Plant, and Materials;

(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant, Materials,
and Equipment) in connection with the Contract; and
(d) Personal injury or death.
14. Site Investigation 14.1 The Contractor, in preparing the Bid, shall rely on any Site Investigation
Reports Reports referred to in the PCC, supplemented by any information available to the
Bidder.
15. Contractor to 15.1 The Contractor shall construct and install the Works in accordance with the
Construct the Specifications and Drawings.
Works
10
16. The Works to be 16.1 The Contractor may commence execution of the Works on the Start Date and
Completed by the shall carry out the Works in accordance with the Program submitted by the
Intended Contractor, as updated with the approval of the Project Manager, and
Completion Date complete them by the Intended Completion Date.
17. Designs by 17.1 The Contractor shall carry out design to the extent specified in the PCC. The
Contractor and Contractor shall promptly submit to the Employer all designs prepared by him.
Approval by the Within 14 days of receipt, the Employer shall notify any comments. The
Project Manager Contractor shall not construct any element of the permanent work designed by him
within 14 days after the design has been submitted to the Employer or where the
design for that element has been rejected. Design that has been rejected shall be
promptly amended and resubmitted. The Contractor shall resubmit all designs
commented on taking these comments into account as necessary.
17.2 The Contractor shall be responsible for design of Temporary Works.
17.3 The Contractor shall submit Specifications and Drawings showing the proposed
Temporary Works to the Project Manager, who is to approve them if they comply
with the Specifications and Drawings.
17.4 The Project Manager’s approval shall not alter the Contractor’s
responsibility for design of the Temporary Works.
17.5 The Contractor shall obtain approval of third parties to the design of the
Temporary Works, where required.
17.6 All Drawings prepared by the Contractor for the execution of the temporary or
permanent Works, are subject to prior approval by the Project Manager before
this use.
18. Safety 18.1 The Contractor shall be responsible for the safety of all activities on the
Site.
19. Discoveries 19.1 Anything of historical or other interest or of significant value

unexpectedly discovered on the Site shall be the property of the Employer.
The Contractor shall notify the Project Manager of such discoveries and carry out
the Project Manager’s instructions for dealing with them
20. Possession of the 20.1 The Employer shall give possession of all parts of the Site to the Contractor. If
Site possession of a part is not given by the date stated in the PCC, the Employer
shall be deemed to have delayed the start of the relevant activities, and this
shall be a Compensation Event.
21. Access to the Site 21.1 The Contractor shall allow the Project Manager and any person authorized by
the Project Manager access to the Site and to any place where work in connection
with the Contract is being carried out or is intended to be carried out.
22. Instructions, 22.1 The Contractor shall carry out all instructions of the Project Manager which
inspections and comply with the applicable law
Audits
22.2 The Contractor shall permit the Employer to inspect the Contractor’s accounts,
records and other documents relating to the submission of bids and contract
performance and to have them audited by auditors appointed by the Employer.
The Contractor shall maintain all documents and records related to the Contract
for a period of three (3) years after completion of the Works. The Contractor shall
provide any documents necessary for the investigation of allegations of fraud,
collusion, coercion, or corruption and require its employees or agents with
11
knowledge of the Contract to respond to questions from the Employer.
23. Appointment of 23.1 The Adjudicator shall be appointed jointly by the Employer and the Contractor, at the
Adjudicator time of the Employer’s issuance of the Letter of Acceptance. If, in the Letter of
Acceptance, the Employer does not agree on the appointment of the Adjudicator,
the Employer will request the Appointing Authority designated in the PCC, to
appoint the Adjudicator within 14 days of receipt of such request.
23.2 Should the Adjudicator resign or die, or should the Employer and the Contractor
agree that the Adjudicator is not functioning in accordance with the provisions of
the Contract, a new Adjudicator shall be jointly appointed by the Employer and
the Contractor. In case of disagreement between the Employer and the
Contractor, within 30 days, the Adjudicator shall be designated by the
Appointing Authority at the request of either party, within 14 days of receipt of
such request.
24. Procedure for 24.1 If the Contractor believes that a decision taken by the Project Manager was
Disputes either outside the authority given to the Project Manager by the Contract or that the
decision was wrongly taken, the decision shall be referred to the Adjudicator within
14 days of the notification of the Project Manager’s decision.
24.2 The Adjudicator shall give a decision in writing within 28 days of receipt of a
notification of a dispute.
24.3 The Adjudicator shall be paid by the hour at the rate specified in the PCC,
together with reimbursable expenses of the types specified in the Contract
Data, and the cost shall be divided equally between the Employer and
the Contractor, whatever decision is reached by the Adjudicator. Either party
may refer a decision of the Adjudicator to an Arbitrator within 28 days of the
Adjudicator’s written decision. If neither party refers the dispute to
arbitration within the above 28 days, the Adjudicator’s decision shall be final
and binding.
24.4 The arbitration shall be conducted in accordance with the arbitration procedures
published by the institu tion named and in the place specified in the
PCC.
B. Time Control
25. Program 25.1 Within the time stated in the PCC, after the date of the Letter of
Acceptance, the Contractor shall submit to the Project Manager for approval a
Program showing the general methods, arrangements, order, and timing for all
the activities in the Works.
25.2 An update of the Program shall be a program showing the actual progress
achieved on each activity and the effect of the progress achieved on the timing
of the remaining work, including any changes to the sequence of the activities.
25.3 The Contractor shall submit to the Project Manager for approval an updated
Program at intervals no longer than the period stated in the PCC. If the
Contractor does not submit an updated Program within this period, the Project
Manager may withhold the amount stated in the PCC from the next payment
certificate and continue to withhold this amount until the next payment after
the date on which the overdue Program has been submitted.
25.4 The Project Manager’s approval of the Program shall not alter the Contractor’s
obligations. The Contractor may revise the Program and submit it to the Project
Manager again at any time. A revised Program shall show the effect of
Variations and Compensation Events.
26. Extension of the 26.1 The Project Manager shall extend the Intended Completion Date if a Compensation
12
intended Event occurs or a Variation is issued which makes it impossible for Completion
Completion Date to be achieved by the Intended Completion Date without the Contractor taking
steps to accelerate the remaining work, which would cause the Contractor to
incur additional cost.
26.2 The Project Manager shall decide whether and by how much to extend the
Intended Completion Date within 21 days of the Contractor asking the Project
Manager for a decision upon the effect of a Compensation Event or Variation and
submitting full supporting information. If the Contractor has failed to give early
warning of a delay or has failed to cooperate in dealing with a delay, the delay by
this failure shall not be considered in assessing the new Intended Completion
Date.
27. Acceleration 27.1 When the Employer wants the Contractor to finish before the Intended
Completion Date, the Project Manager shall obtain priced proposals for achieving
the necessary acceleration from the Contractor. If the Employer accepts these
proposals, the Intended Completion Date shall be adjusted accordingly and
confirmed by both the Employer and the Contractor.
27.2 If the Contractor’s priced proposals for an acceleration are accepted by the
Employer, they are incorporated in the Contract Price and treated as a Variation.
28. Delays Ordered 28.1 The Project Manager may instruct the Contractor to delay the start or progress
by the Project of any activity within the Works.
Manager
29. Management 29.1 Either the Project Manager or the Contractor may require the other to a t t e n d a
Meetings m a n a g e m e n t m e e t i n g . T h e b u s i n e s s o f a m a n a g e m e n t meeting
shall be to review the plans for remaining work and to deal with matters
raised in accordance with the early warning procedure.
29.2 The Project Manager shall record the business of management meetings and
provide copies of the record to those attending the meeting and to the
Employer. The responsibility of the parties for actions to be taken shall be
decided by the Project Manager either at the management meeting or after the
management meeting and stated in writing to all who attended the meeting.
30. Early Warning 30.1 The Contractor shall warn the Project Manager at the earliest opportunity
of specific likely future events or circumstances that may adversely affect the quality
of the work, increase the Contract Price, or delay the execution of the Works.
The Project Manager may require the Contractor to provide an estimate of
the expected effect of the future event or circumstance on the Contract Price
and Completion Date. The estimate shall be provided by the Contractor as soon as
reasonably possible.
30.2 The Contractor shall cooperate with the Project Manager in making and
considering proposals for how the effect of such an event or circumstance can be
avoided or reduced by anyone involved in the work and in carrying out any
resulting instruction of the Project Manager.
C. Quality Control
31. Identifying 31.1 The Project Manager shall check the Contractor’s work and notify the Contractor
Defects of any Defects that are found. Such checking shall not affect the
Contractor’s responsibilities. The Project Manager may instruct the
Contractor to search for a Defect and to uncover and test any work that the
Project Manager considers may have a Defect.
13
32. Tests 32.1 If the Project Manager instructs the Contractor to carry out a test not
specified in the Specification to check whether any work has a Defect and the
test shows that it does, the Contractor shall pay for the test and any samples.
If there is no Defect, the test shall be a Compensation Event.
33. Correction of 33.1 The Project Manager shall give notice to the Contractor of any Defects before the
Defects end of the Defects Liability Period, which begins at
Completion, and is defined in the PCC. The Defects Liability Period shall be extended
for as long as Defects remain to be corrected.
33.2 Every time notice of a Defect is given, the Contractor shall correct the notified
Defect within the length of time specified by the Project Manager’s notice.
34. Uncorrected 34.1 If the Contractor has not corrected a Defect within the time specified in the
Defects Project Manager’s notice, the Project Manager shall assess the cost of having
the Defect corrected, and the Contractor shall pay this amount.
D. Cost Control
35. Contract Price 35.1 The Bill of Quantities shall contain priced items for the Works to be performed
by the Contractor. The Bill of Quantities is used to calculate the Contract Price.
The Contractor will be paid for the quantity of the work accomplished at the rate
in the Bill of Quantities for each item.
36. Changes in the 36.1 In the case of an admeasurement contract:

Contract Price
(a) If the final quantity of the work done differs from the quantity in the Bill
of Quantities for the particular item by more than 25 percent, provided the
change exceeds 1 percent of the Initial Contract Price, the Project Manager
shall adjust the rate to allow for the change.
(b) The Project Manager shall not adjust rates from changes in quantities if
thereby the Initial Contract Price is exceeded by more than 15 percent,
except with the prior approval of the Employer.
(c) If requested by the Project Manager, the Contractor shall provide the
Project Manager with a detailed cost breakdown of any rate in the Bill of
Quantities.
37. Variations 37.1 All Variations shall be included in updated Programs produced by the
Contractor.
37.2 The Contractor shall provide the Project Manager with a quotation for carrying out
the Variation when requested to do so by the Project Manager. The Project
Manager shall assess the quotation, which shall be given within seven (7) days
of the request or within any longer period stated by the Project Manager and
before the Variation is ordered
37.3 If the Contractor’s quotation is unreasonable, the Project Manager may order the
Variation and make a change to the Contract Price, which shall be based on
the Project Manager’s own forecast of the effects of the Variation on the
Contractor’s costs.
37.4 If the Project Manager decides that the urgency of varying the work would
prevent a quotation being given and considered without delaying the work, no
quotation shall be given and the Variation shall be treated as a Compensation
Event.
37.5 The Contractor shall not be entitled to additional payment for costs that could
have been avoided by giving early warning.
14
37.6 If the work in the Variation corresponds to an item description in the Bill of
Quantities and if, in the opinion of the Project Manager, the quantity of work
above the limit stated in GCC 36.1 or the timing of its execution do not cause
the cost per unit of quantity to change, the rate in the Bill of Quantities shall
be used to calculate the value of the Variation. If the cost per unit of quantity
changes, or if the nature or timing of the work in the Variation does not
correspond with items in the Bill of Quantities, the quotation by the Contractor
shall be in the form of new rates for the relevant items of work.
38. Cash Flow 38.1 When the Program is updated, the Contractor shall provide the Project Manager
Forecasts with an updated cash flow forecast. The cash flow forecast shall include
different currencies, as defined in the Contract, converted as necessary using
the Contract exchange rates.
39. Payment 39.1 The Contractor shall submit to the Project Manager monthly statements
Certificates of the estimated value of the work executed less the cumulative amount certified
previously.
39.2 The Project Manager shall check the Contractor’s monthly statement and
certify the amount to be paid to the Contractor.
39.3 The value of work executed shall be determined by the Project Manager.
39.4 The value of work executed shall comprise the value of the quantities of work
in the Bill of Quantities that have been completed.
39.5 The value of work executed shall include the valuation of Variations and
Compensation Events.
39.6 The Project Manager may exclude any item certified in a previous certificate or
reduce the proportion of any item previously certified in any certificate in the
light of later information.
40. Payments 40.1 Payments shall be adjusted for deductions for advance payments and
retention. The Employer shall pay the Contractor the amounts certified by the
Project Manager within 60 days of the date of each certificate. If the Employer
makes a late payment, the Contractor shall be paid interest on the late
payment in the next payment. Interest shall be calculated from the date by
which the payment should have been made up to the date when the late
payment is made at the prevailing rate of interest for commercial borrowing for
each of the currencies in which payments are made.
40.2 If an amount certified is increased in a later certificate or as a result of an
award by the Adjudicator or an Arbitrator, the Contractor shall be paid interest
upon the delayed payment as set out in this clause. Interest shall be
calculated from the date upon which the increased amount would have been
certified in the absence of dispute.
40.3 Unless otherwise stated, all payments and deductions shall be paid or charged in
the proportions of currencies comprising the Contract Price.
40.4 Items of the Works for which no rate or price has been entered in shall not be
paid for by the Employer and shall be deemed covered by other rates and prices in
the Contract.
41. Compensation 41.1 The following shall be Compensation Events:

Events
(a) The Employer does not give access to a part of the Site by the Site
Possession Date pursuant to GCC 20.1.
(b) The Employer modifies the Schedule of Other Contractors in a way that
15
affects the work of the Contractor under the Contract.
(c) The Project Manager orders a delay or does not issue Drawings, Specifications, or
instructions required for execution of the Works on time.
(d) The Project Manager instructs the Contractor to uncover or to carry out
additional tests upon work, which is then found to have no Defects.
(e) The Project Manager unreasonably does not approve a subcontract

to be let.
(f) Ground conditions are substantially more adverse than could reasonably have
been assumed before issuance of the Letter of Acceptance from the information
issued to bidders (including the Site Investigation Reports), from information
available publicly and from a visual inspection of the Site.
(g) The Project Manager gives an instruction for dealing with an unforeseen
condition, caused by the Employer, or additional work required for safety
or other reasons.
(h) Other contractors, public authorities, utilities, or the Employer does not work
within the dates and other constraints stated in the Contract, and they cause
delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effects on the Contractor of any of the Employer’s Risks.
(k) The Project Manager unreasonably delays issuing a Certificate

of Completion.
41.2 If a Compensation Event would cause additional cost or would prevent the work
being completed before the Intended Completion Date, the Contract Price shall be
increased and/or the Intended Completion Date shall be extended. The Project
Manager shall decide whether and by how much the Contract Price shall be
increased and whether and by how much the Intended Completion Date shall
be extended.
41.3 As soon as information demonstrating the effect of each Compensation Event upon
the Contractor’s forecast cost has been provided by the Contractor, it shall be
assessed by the Project Manager, and the Contract Price shall be adjusted
accordingly. If the Contractor’s forecast is deemed unreasonable, the Project
Manager shall adjust the Contract Price based on the Project Manager’s own
forecast. The Project Manager shall assume that the Contractor shall react
competently and promptly to the event.
41.4 The Contractor shall not be entitled to compensation to the extent that the
Employer’s interests are adversely affected by the Contractor’s not is having given
early warning or not having cooperated with the Project Manager.
42. Tax 42.1 T h e P roj ect M an a ger sha l l a dj u st t h e Con tr ac t P r ic e if ta x es,

du t ie s , and other levies are changed between the date 28 days before the
submission of bids for the Contract and the date of the last Completion certificate.
The adjustment shall be the change in the amount of tax payable by the
Contractor, provided such changes are not already reflected in the Contract Price
or are a result of GCC 44.1.
43. Currencies 43.1 All payments shall be made in the currency specified in the PCC.
44. Price Adjustment 44.1 Prices shall be adjusted for fluctuations in the cost of inputs only if provided
16
for in the PCC. If so provided, the amounts certified in each payment certificate,
before deducting for Advance Payment, shall be adjusted by applying the
respective price adjustment factor to the payment amounts due in each
currency. A separate formula of the type indicated below applies to each
Contract currency:
Pc = Ac + Bc lmc/Ioc
where:
Pc is the adjustment factor for the portion of the Contract Price

payable in a specific currency “c.”
Ac and Bc are coefficients specified in the PCC, representing the nonadjustable
and adjustable portions, respectively, of the Contract Price payable in
that specific currency “c;” and
Imc is a consolidated index prevailing at the end of the month being invoiced
and Ioc is the same consolidated index prevailing 28 days before Bid
opening for inputs payable; both in the specific currency “c.”
44.2 If the value of the index is changed after it has been used in a calculation,
the calculation shall be corrected and an adjustment made in the next payment
certificate. The index value shall be deemed to take account of all changes in
cost due to fluctuations in costs.
45. Retention 45.1 The Employer shall retain from each payment due to the Contractor
the proportion stated in the PCC until Completion of the whole of the Works.
45.2 Upon the issue of a Certificate of Completion of the Works by the Project
Manager, in accordance with GCC 52.1, half the total amount retained shall be
repaid to the Contractor and half when the Defects Liability Period has passed
and the Project Manager has certified that all Defects notified by the Project
Manager to the Contractor before the end of this period have been corrected. The
Contractor may substitute retention money with an “on demand” bank
guarantee.
46. Liquidated 46.1 The Contractor shall pay liquidated damages to the Employer at the rate per
Damages day stated in the PCC for each day that the Completion Date is later than the
Intended Completion Date. The total amount of liquidated damages shall
not exceed the amount defined in the PCC. The Employer may deduct
liquidated damages from payments due to the Contractor. Payment of
liquidated damages shall not affect the Contractor’s liabilities.
46.2 If the Intended Completion Date is extended after liquidated damages have been
paid, the Project Manager shall correct any overpayment of liquidated damages by
the Contractor by adjusting the next payment certificate. The Contractor shall be paid
interest on the overpayment, calculated from the date of payment to the date of
repayment, at the rates specified in GCC 40.1.
47. Bonus 47.1 The Contractor shall be paid a Bonus calculated at the rate per
calendar day stated in the PCC for each day (less any days for which the
Contractor is paid for acceleration) that the Completion is earlier than the
Intended Completion Date. The Project Manager shall certify that the Works are
complete, although they may not be due to be complete.
48. Advance Payment 48.1 The Employer shall make advance payment to the Contractor of the amounts
stated in the PCC by the date stated in the PCC, against provision by the
Contractor of an unconditional bank guarantee in a form and by a bank
acceptable to the Employer in amounts and currencies equal to the advance
payment. The guarantee shall remain effective until the advance payment has
been repaid, but the amount of the guarantee shall be progressively reduced
17
by the amounts repaid by the Contractor. Interest shall not be charged on the
advance payment.
48.2 The Contractor is to use the advance payment only to pay for Equipment,
Plant, Materials, and mobilization expenses required specifically for execution of
the Contract. The Contractor shall demonstrate that advance payment has been
used in this way by supplying copies of invoices or other documents to the Project
Manager.
48.3 The advance payment shall be repaid by deducting proportionate amounts

from payments otherwise due to the Contractor, following the schedule of
completed percentages of the Works on a payment basis. No account shall be
taken of the advance payment or its repayment in assessing valuations of work
done, Variations, price adjustments, Compensation Events, Bonuses, or
Liquidated Damages.
49. Securities 49.1 The Performance Security shall be provided to the Employer no later
than the date specified in the Letter of Acceptance and shall be issued in an
amount specified in the PCC, by a bank acceptable to the Employer, and
denominated in the types and proportions of the currencies in which the
Contract Price is payable. The Performance Security shall be valid until a date 28
days from the date of issue of the Certificate of Completion in the case of a bank
guarantee.
50. Dayworks 50.1 If applicable, the Dayworks rates in the Contractor’s Bid shall be used
for small additional amounts of work only when the Project Manager has given
written instructions in advance for additional work to be paid for in that way.
50.2 All work to be paid for as Dayworks shall be recorded by the Contractor
on forms approved by the Project Manager. Each completed form shall be
verified and signed by the Project Manager within two days of the work being
done.
50.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks
forms.
51. Cost of Repairs 51.1 Loss or damage to the Works or Materials to be incorporated in the Works
between the Start Date and the end of the Defects Correction periods shall be
remedied by the Contractor at the Contractor’s cost if the loss or damage arises
from the Contractor’s acts or omissions.
E. Finishing the Contract
52. Completion 52.1 The Contractor shall request the Project Manager to issue a certificate of
Completion of the Works, and the Project Manager shall do so upon deciding that
the work is completed.
53. Taking Over 53.1 The Employer shall take over the Site and the Works within seven
days of the Project Manager’s issuing a certificate of Completion.
54. Final Account 54.1 The Contractor shall supply the Project Manager with a detailed account
of the total amount that the Contractor considers payable under the Contract
before the end of the Defects Liability Period. The Project Manager shall issue a
Defects Liability Certificate and certify any final payment that is due to the
Contractor within 56 days of receiving the Contractor’s account if it is correct
and complete. If it is not, the Project Manager shall issue within 56 days a
schedule that states the scope of the corrections or additions that are
necessary. If the Final Account is still unsatisfactory after it has been
resubmitted, the Project Manager shall decide on the amount payable to the
18
Contractor and issue a payment certificate.
55. Operating
50. and 55.1 If “as built” Drawings and/or operating and maintenance manuals are required, the
Maintenance Contractor shall supply them by the dates stated in the PCC.
Manuals
55.2 If the Contractor does not supply the Drawings and/or manuals by the dates
stated in the PCC pursuant to GCC 55.1, or they do not receive the Project
Manager’s approval, the Project Manager shall withhold the amount stated in the
PCC from payments due to the Contractor.
56. Termination 56.1 The Employer or the Contractor may terminate the Contract if the other party
causes a fundamental breach of the Contract.
56.2 Fundamental breaches of Contract shall include, but shall not be limited to,
the following:
(a) the Contractor stops work for 28 days when no stoppage of work is shown
on the current Program and the stoppage has not been authorized by the
Project Manager;
(b) the Project Manager instructs the Contractor to delay the progress
of the Works, and the instruction is not withdrawn within 28 days;
(c) the Employer or the Contractor is made bankrupt or goes into

liquidation other than for a reconstruction or amalgamation;
(d) a payment certified by the Project Manager is not paid by the Employer to
the Contractor within 84 days of the date of the Project Manager’s
certificate;
(e) the Project Manager gives Notice that failure to correct a particular
Defect is a fundamental breach of Contract and the Contractor fails to correct
it within a reasonable period of time determined by the Project Manager;
(f) the Contractor does not maintain a Security, which is required;
(g) the Contractor has delayed the completion of the Works by the number of
days for which the maximum amount of liquidated damages can be paid,
as defined in the PCC, and
(h) if the Contractor, in the judgment of the Employer has engaged in

corrupt or fraudulent practices in competing for or in executing the
Contract, pursuant to GCC 57.1.
56.3 When either party to the Contract gives notice of a breach of Contract to the
Project Manager for a cause other than those listed under GCC 56.2 above, the
Project Manager shall decide whether the breach is fundamental or not.
56.4 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
56.5 If the Contract is terminated, the Contractor shall stop work

immediately, make the Site safe and secure, and leave the Site as soon as
reasonably possible.
57. Fraud and 57.1 The Employer requires that the Contractor including subcontractors observe the
Corruption highest standard of ethics during the procurement and execution of contracts. In
pursuit of this policy, the Employer:
(a) defines, for the purposes of this provision, the terms set forth
19
below as follows:
1. “corrupt practice” means the offering, giving, receiving, or soliciting, directly

or indirectly, anything of value to influence improperly the actions of
another party;
2. “fraudulent practice” means any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or attempts to
mislead, a party to obtain a financial or other benefit or to avoid an
obligation;
3. “coercive practice” means impairing or harming, or threatening

to impair or harm, directly or indirectly, any party or the property of
the party to influence improperly the actions of a party;
4. “collusive practice” means an arrangement between two or more parties

designed to achieve an improper purpose, including influencing improperly
the actions of another party.
(b) will sanction a firm or individual, including declaring them ineligible,

either indefinitely or for a stated period of time, to be awarded a contract
funded by the Employer if it at any time determines that they have, directly
or through an agent, engaged in corrupt, fraudulent, collusive or coercive
practices in competing for, or in executing, a contract funded by the
Employer.
58. Payment and 58.1 If the Contract is terminated because of a fundamental breach of Contract
Termination by the Contractor, the Project Manager shall issue a certificate for the value of
the work done and Materials ordered less advance payments received up to the
date of the issue of the certificate and less the percentage to apply to the value
of the work not completed, as indicated in the PCC. Additional Liquidated
Damages shall not apply. If the total amount due to the Employer exceeds any
payment due to the Contractor, the difference shall be a debt payable to the
Employer.
58.2 If the Contract is terminated for the Employer’s convenience or because of a

fundamental breach of Contract by the Employer, the Project Manager shall issue
a certificate for the value of the work done, Materials ordered, the reasonable cost
of removal of Equipment, repatriation of the Contractor’s personnel
employed solely on the Works, and the Contractor’s costs of protecting and
securing the Works, and less advance payments received up to the date of the
certificate.
59. Property 59.1 All Materials on the Site, Plant, Equipment, Temporary Works, and
Works shall be deemed to be the property of the Employer if the Contract is
terminated because of the Contractor’s default.
60. Release from 60.1 If the Contract is frustrated by the outbreak of war or by any other event
Performance entirely outside the control of either the Employer or the Contractor, the Project
Manager shall certify that the Contract has been frustrated. The Contractor
shall make the Site safe and stop work as quickly as possible after receiving
this certificate and shall be paid for all work carried out before receiving it and
for any work carried out afterwards to which a commitment was made.
20
Section 7: Particular Conditions of Contract
Section 7 - Particular Conditions of Contract
The following Particular Conditions of Contract shall supplement the General Conditions of Contract
(GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.
1
Particular Conditions of Contract
A. General
GCC 1.1 (p) The Employer:

Ministry of Public Works, Timor-Leste
GCC 1.1 (t) The Intended Completion Date reckoned from the Start Date, shall be:
One Hundred Eighty (180) days for the construction works
Three Hundred Sixty Five (365) days for the routine maintenance works
GCCs 1.1 (z) & The Project Manager is: Engr. Jose Maria da Costa Director Public Works ,
4.1 Ainaro Municipality
GCC 1.1 (bb) The Site is defined in the Drawings (if available) and as shown during site visit
The Site is owned by the Government of the Democratic Republic of Timor-Leste. The
Government through the Ministry of Public Works, in cooperation with the Ministry of
State and Territorial Authority, represented at the Municipal Level by the Office of the
Municipal Administrator, upon signing of the Contract will hand over the Site to the
Contractor
GCC 1.1 (ee) The Start Date shall be ON THE CONTRACTOR’S RECEIPT OF THE NOTICE TO
PROCEED (NTP) FROM THE EMPLOYER
GCC 1.1 (dd) Please refer to the Drawings, Technical Specifications, and Bill of Quantities.
GCC 2.2 Sectional Completions are: NOT APPLICABLE
GCC 2.3(i) The following documents also form part of the Contract: NIL
GCC 3.1 The language of the contract is ENGLISH
The law that applies to the Contract is the law of LAW OF THE DEMOCRATIC
REPUBLIC OF TIMOR LESTE
The Contractor shall give all notices and pay all fees and other charges in respect of
the Works. In particular, the Contractor shall comply with legislation relating to the
employment conditions, including Occupational Health and Safety. In this regard, the
relevant law will be the Labour Code of the Democratic Republic of Timor Leste,
National Law, 4/2012, promulgated on 21 February 2012
GCC 8.1 Schedule of other contractors shall be advised by Employer before the Start Date.
GCC 9.1 The contractor is required to recruit minimum 30 % of women casual worker.
The percentage of women casual worker is calculated based on the master roll
submitted by the Contractor and verified by the Employer at the end of every month.
Penalty per day is Up to 0.1% of Contract Price for failure to comply with
employing the Key Personnel named in the Form T8-CV Engineer/Supervisor , one
week after receiving warning letter from the Employer.
Penalty per day Up to 0.1% of Contract Price for failure to comply with
recruiting minimum percentage of women casual worker, one week after receiving
warning letter from the Employer.
The maximum amount of penalties is 10% of Final Contract Amount
2
GCC 13.1 The Contractor is required to provide insurance cover for third party property
The Contractor is required to provide personal injury and death insurance for its
employees, casual workers and third parties.
The maximum cover is US$ 4,000 for personal injury or death insurance for the
Contractor’s employees, casual workers and third parties .
The maximum cover is US$ 50,000 per event for personal injury or death, and
damaged of property insurance for third parties
Penalty per day is Up to 0.1% of Contract Price for late submission of Insurance
policies and certificates that required before the Start Date
The maximum amount of penalties is 10% of the Final Contract Amount.
GCC 14.1 Site Investigation Reports are: NIL
GCC 17.1 The following shall be designed by the Contractor: NOT APPLICABLE
GCC 20.1 The Contractor is deemed given Possession of Site when the Contractor receives the
Notice to Proceed from the Employer.
GCC 24.4 Any dispute between the Employer and the Contractor arising in connection with the
Contract shall be resolved in accordance with the laws of the democratic Republic of
Timor-Leste.
B. Time Control
GCC 25.1 The Contractor shall submit any proposed updates to the Work Completion Program
submitted with the bid within FOURTEEN (14) DAYS from the Start Date.
3
GCC 25.3 The period between Program updates is MONTHLY.
The amount to be withheld for late submission of an updated Program is $5,000.
C. Quality Control
GCC 33.1 The Defects Liability Period is: Six months after completion date
D. Cost Control
GCC 43.1 The currency for payment is: UNITED STATES DOLLAR (USD)
GCC 45.1 The proportion of payments retained is: TEN PERCENT (10%)
GCC 46.1 The liquidated damages for the whole of the Works are ONE-TENTH OF ONE
PERCENT OF THE INITIAL CONTRACT PRICE PER DAY. The maximum amount
of liquidated damages for the whole of the Works is ten percent (10%) of the final
Contract Price.
GCC 47.1 Not Applicable
GCC 48.1 The Advance Payments shall be: TWENTY PERCENT (20%) OF THE INITIAL
CONTRACT PRICE and shall be paid to the Contractor no later than 30 days from
the Employer’s receipt of the invoice and the required advance payment security from
the Contractor.
The Employer shall recoup the advance payment by deducting from each progress
payment an amount equivalent to 25% of the gross value of each progress
payment, until such time as the advance payment has been repaid.
GCC 49.1 The performance security will be in the form of an Unconditional Bank Guarantee in
the amount of Five Percent (5%) of the Initial Contract Price.
The guarantee shall be issued by a bank located in Timor-Leste.
GCC 57.1 The Government’s regulations – including corruption, nepotism, collusion, and money
laundering – shall apply to the Contractor(s). These include but are not limited to: the
Timor-Leste Civil Service Code, the following articles in the Penal Code: 292 to 297,
299 and 313 specifically on money laundering.
4
Section 8: Contract Forms
Section 8 - Contract Forms
Table of Forms
Letter of
Acceptance…………………………………………………………………………………………………………………………………...2
Contract
Agreement…………………………………………………………………………………………………………………………………….3
9-3
Performance
Security…………………………………………………………………………………………………………………………………….4
9-4
Advance Payment
Security……………………………………………………………………………………………………………………………………….. 5
1
Letter of Acceptance
[on letterhead paper of the Employer]
. . . . . . . date. . . . . . .
To: . . . . . . . . . . name and address of the Contractor ……………………….
Subject: . . . . . . . . . . Notification of Award Contract No. . . . . . . . . . .
This is to notify you that your Bid dated . . . . date . . . . consisting of the Technical and Price Bids for execution
of the . . . . . . . . . .name of the contract and identification number, as given in the Contract Data . . . . .
. . . . . for the Accepted Contract Amount of the equivalent of . . . . . . . . .amount in numbers and words
and name of currency . . . . . . . . ., as corrected and modified in accordance with the Instructions to Bidders
is hereby accepted by the Employer.
You are requested to furnish the Performance Security within 14 days in accordance with the
Conditions of Contract, using for that purpose the of the Performance Security Form included in Section 8
(Contract Forms) of the Bidding Document.
Authorized Signature: ………………………………………………………
Name and Title of Signatory: ....................................................................
Attachment: Contract Agreement
2
Contract Agreement
THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . . . name of the

Employer. . . . .. . . . . (hereinafter “the Employer”), of the one part, and . . . . . name of the Contractor. . . .
.(hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as . . . . . name of the Contract. . . . .should be
executed by the Contractor, and has accepted a Bid by the Contractor for the execution and completion of
these Works and the remedying of any defects therein,
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.
- the Letter of Acceptance
- the Letters of Technical Bid and Price Bid
- the Addenda Nos . . . . . insert addenda numbers if any. .........
- the Particular Conditions
- the General Conditions;
- the Specification
- the Drawings; and
- the completed Schedules,
3. In consideration of the payments to be made by the Employer to the Contractor as indicated in this
Agreement, the Contractor hereby covenants with the Employer to execute the Works and to
remedy defects therein in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works 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 by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the
laws of the Democratic Republic of Timor-Leste on the day, month and year indicated above.
Signed by ........................................................................ Signed by
for and on behalf of the Employer for and on behalf the Contractor
in the presence of in the presence of
Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date
3
Performance Security
..................................... Bank’s Name, and Address of Issuing Branch or Office .........................................

Beneficiary: ......................................... Name and Address of Employer....................................................
Date: .....................................................................................................................................................
Performance Guarantee No.: ......................................................................................................................
We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called "the Contractor") has
entered into Contract No. . . . . . reference number of the Contract. . . . . dated . . . . . . . .with you, for the
execution of . . . . . . name of contract and brief description of Works. . . . . (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee
is required.
At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably undertake to pay you any
sum or sums not exceeding in total an amount of . . . . . name of the currency and amount in figures*. . . . . .
(. . . . . amount in words. . . . . ) such sum being payable in the types and proportions of currencies in which the Contract
Price is payable, upon receipt by us of your first demand in writing accompanied by a written statement stating
that the Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or to
show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the . . . . . Day of . . . . . . . . . . , . . . . . . **, and any demand for
payment under it must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758, except that
subparagraph (ii) of Sub-article 20(a) is hereby excluded.
Seal of Bank and Signature(s)
- Note -
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.
1 The Guarantor sall insert an amount in USD representing the percentage of the Contract Price.
2 Insert the date twenty-eight days after the expected completion date.
4
Advance Payment Security
……………………………………………………………Bank’s Name, and Address of Issuing Branch or Office

……………………………………………………...
Beneficiary: ………………………….Name and Address of
Employer……………………………………………………………………………..
Date: ………………………………………………………………………………………………………………
Advance Payment Guarantee No.: …………………………………………………………………………………………….……………………..
We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called "the Contractor") has
entered into Contract No. . . . . . reference number of the Contract. . . . . dated . . . . . . . .with you, for the
execution of . . . . . . name of contract and brief description of Works. . . . . (hereinafter called "the Contract").
Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in the sum .
. . . . name of the currency and amount in figures*. . . . . . (. . . . . amount in words. . . . . ) is to be made against
an advance payment guarantee.
At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably undertake to pay you
any sum or sums not exceeding in total an amount of . . . . . name of the currency and amount in figures*.
. . . . . (. . . . . amount in words. . . . . ) upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor
used the advance payment for purposes other than the costs of mobilization in respect of the Works.
It is a condition for any claim and payment under this guarantee to be made that the advance payment
referred to above must have been received by the Contractor on its account number . . . . . Contractor’s
account number. . . . . at . . . . . name and address of the Bank. . . . . .
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment
repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be
presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment
certificate indicating that eighty (80) percent of the Contract Price has been certified for payment, or on the ……...
day of ……………..……….**, whichever is earlier. Consequently, any demand for payment under this guarantee
must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.
Seal of Bank and Signature(s)
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.
1 The Guarantor shall insert an amount in USD representing the amount of the advance payment.
2 Insert the expected expiration date of the Time for Completion.
5
Agreement with the community
This form should be completed and submitted only if a contract is awarded. It should not be
submitted as part of the tender.
REPUBLICA DEMOCRÁTICA DE TIMOR-LESTE
This Agreement outlines the arrangements between:
1. The Contractor: _________________________ 2. The Community/Communities

represented by its Director. Hereafter called the ____________________
“CONTRACTOR”. represented by its Suco Chief and by Aldeia Chiefs.
Hereafter called the “COMMUNITY”
This Agreement will become effective only when the CONTRACTOR has been awarded the Contract:
The Following has been agreed:

1. The Contractor will recruit the unskilled labour from the Community.
2. The Contractor estimates that he/she during the period of work will need from the community the following
number of workers:____________
3. The Community agrees to provide to the Contractor the following number of full time workers:
Men: ____________ Women:__________ Total:____________
4. The Contractor can recruit workers from other Sucos whenever the Community can not provide the required
number of unskilled workers.
5. The Contractor will primarily buy materials from the community.
6. The Contractor can bring materials from outside of the community if the Community can not provide the
required materials, or if the materials offered by the community are of unacceptable quality or price.
7. In addition the Community and Contractor agree the following:
______________________________________________________________________________
_______________________________________________________________________________________
_______
6

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REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE

MINISTÉRIO DAS OBRAS PÚBLICAS

R4D RURAL ROAD PERIODIC MAINTENANCE

MOP / W / NCB – R / 190023

SECTION 1 - INSTRUCTIONS TO BIDDERS

SECTION 1 - INSTRUCTIONS TO BIDDERS

(ii) “fraudulent practice” means any act or omission, including a

(iii) “coercive practice” means impairing or harming, or threatening to

(iv) “collusive practice” means an arrangement between two or more

4.3 The Employer considers a conflict of interest to be a situation in which a party

4.4 A firm that is under a declaration of ineligibility by the Employer in accordance

B. CONTENTS OF BIDDING DOCUMENT

Document issued in accordance with ITB 8.

PART I Bidding Procedures

Section 1 - Instructions to Bidders (ITB)

Section 5 - Employer’s Requirements (ERQ)

PART III Conditions of Contract and Contract Forms

Section 6 - General Conditions (GCC)

the Employer in accordance with ITB 5.3.

8.3 To give prospective Bidders reasonable time in which to take an addendum

11.2 The Technical Bid shall comprise the following:

11.3 The Price Bid shall comprise the following:

(b) if the successful Bidder fails to:

(i) sign the Contract in accordance with ITB 33;

(ii) furnish a performance security in accordance with ITB 34; or

D. SUBMISSION AND OPENING OF BIDS

20.2 The inner and outer envelopes shall:

(a) bear the name and address of the Bidder;

to the deadline shall thereafter be subject to the deadline as extended.

E. EVALUATION AND COMPARISON OF BIDS

SECTION 2 - BID DATA SHEET (BDS)

Bid Data Sheet

ITB 1.1 The Employer is:

Ministry of Public Works, Timor-Leste

The identification number of this tender is: MOP/W/NCB-R/190023

ITB 4.1 The “Eligible Bidder” is amended and read as

Quintiliano Afonso Belo

ITB 7.2 A Site visit shall be organized by the Employer.

Site visit schedule will be announced during the pre-bid training.

ITB 10.1 The language of the bid is: ENGLISH

Technical Bid: one (1) original and two (2) copies

D. Submission and Opening of Bids

The deadline for bid submission is:

Date:13 June 2019; Time: 09:00 - 12.00 hours local time

Meeting Room, Administration Municipality Ainaro, Timor-Leste

Date: 13 June 2019; Time: 12.00 hours local time

EVALUATION AND QUALIFICATION CRITERIA

EVALUATION AND QUALIFICATION CRITERIA

EVALUATION AND QUALIFICATION CRITERIA

B. TECHNICAL EVALUATION - 70% to pass

Form No Detail Weight Score (S) WxS Scoring Methodology

T10 Statement of work 3 0 if the company shows no

T11 Statement of 3 0 if the company shows no

Bidding Forms (BF)

Form T1- Letter of Technical Bid

We, the undersigned, declare that:

Form T2 (A): Bidder’s Information Sheet

Bidder’s legal name

In case of JV, legal

Form T2(B): JV Information Sheet (Applicable only for JV)