Open Advertised Bidding (NAD 100M) Works 2017

Procurement Policy Unit
(Established under section 6 of the Public Procurement Act, 2015)
Ref: W/OAB/ID – X/20X
STANDARD BIDDING DOCUMENTS
for
OPEN ADVERTISED BIDDING

[Issued in terms of section 7(1)(i) of the Public Procurement Act, 2015]
(Works)
Ministry of Finance
Head Office (6th Floor, room 6.11)
Moltke Street
Private Bag 13295
Windhoek, Namibia
|Tel: +264 61 209 2463 |Fax: +264 61 230 179

|Website: www.mof.gov.na/procurement-policy-unit
[This template may be used for procurement of high value works with an estimated
procurement value not exceeding NAD 100 000 000, through Open Advertised Bidding.
The Public Entity may include attachments with further details to define specifications
and/or scope of related services. Guidance in italics for preparing the Informal Quotation
Form shall not appear in the final text.]
STANDARD FORMAT FOR REFERENCE NUMBERS: P/M/ID - X/20X
Guidance notes
1. P – Procurement Category (select appropriate abbreviation below)
a) Goods – G
b) Works – W
c) Consultancy Services – SC
d) Non-Consultancy Services – NCS
2. M – Procurement Method (select appropriate abbreviation below)
a) Open National bidding – ONB
b) Open International Bidding – OIB
c) Restricted Bidding – RB
d) Request for Sealed Quotation – RFQ
e) Emergency Procurement – EP
f) Execution by Public Entities – EPE
g) Request for Proposals – RP
h) Direct Procurement – DP
i) Electronic Reverse Auction – ERA
j) Small Value Procurement – IQ
3. ID – Organizational Identity (select appropriate abbreviation below)
a) Office/Ministry/Agencies - Budget Vote Number
b) Public Enterprise – Official abbreviation of Public entity name
c) Regional Council & Local Authority - Official abbreviation of Public entity name
4. X – Procurement Contract Number for the Financial Period
5. 20X – Procurement year

BIDDING DOCUMENTS
Issued on: ____________________
for
Procurement of
[insert identification of the Works]
______________________________
______________________________
Procurement Reference No: W/OAB/ID – X/20X

Cost: [insert cost of biding document in NAD]
Project: [insert name of Project, if applicable]

Foreword
The Standard Bidding Documents in this publication, follow the Standard Bidding
Documents of the World Bank and have been prepared by the Procurement Policy Unit
for use by public entities for procurement of works for values up to N$ 100 M. These
documents may be used for national and international Open Advertised Bidding (OAB)
and they assume that no pre-qualification has taken place before bidding.
Those wishing to submit comments or suggestions on the Bidding Documents or to obtain

additional information on procurement in Namibia are encouraged to contact:
THE DIRECTOR
Procurement Policy Unit
Ministry of Finance
Head Office Building, 6th Floor, Moltke Street,
Private bag 13295, Windhoek
Namibia
Tel: No. 00-264-61-209 2463 & Fax: 00-264-61-230 179
Preface
This document is intended as a model in the award of admeasurement (unit prices or unit
rates in a bill of quantities) and lump sum types of contracts, which are the most common
in Works contracting.
Lump sum contracts are used in particular for buildings and other forms of construction
where the Works are well defined and are unlikely to change in quantity or specification,
and where encountering difficult or unforeseen site conditions (for example, hidden
foundation problems) is unlikely. Lump sum contracts should be used for Works that can
be defined in their full physical and qualitative characteristics before bids are called, or
where the risks of substantial design variations are minimal. In lump sum contracts, the
concept of priced “activity schedules” is used, to enable payments to be made on the basis
of percentage completion of each activity.
Summary Description
This Standard Bidding Document for Procurement of Works is to be used when a
prequalification process has not taken place before bidding and, therefore, post-
qualification applies. A brief description of these documents is given below.
SBD for Procurement of Works
PART 1 – BIDDING PROCEDURES
Section I. Instructions to Bidders (ITB)

This Section provides relevant information to help Bidders prepare their
bids. Information is also provided on the submission, opening, and
evaluation of bids and on the award of Contracts. Section I contains
provisions that are to be used without modification.
Section II. Bid Data Sheet (BDS)
This Section consists of provisions that are specific to each procurement
and that supplement the information or requirements included in Section I,
Instructions to Bidders.
Section III. Evaluation and Qualification Criteria
This Section contains the criteria to determine the lowest evaluated bid and
the qualifications of the Bidder to perform the contract.
Section IV. Bidding Forms
This Section contains the forms which are to be completed by the Bidder
and submitted as part of his Bid.
PART 2 – EMPLOYER’S REQUIREMENTS

Section V. Employer’s Requirements
This Section contains the Specification, the Drawings, and supplementary
information that describe the Plant and Installation Services to be
procured.
PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VI. General Conditions of Contract (GCC)
This Section contains the general clauses to be applied in all contracts.
The text of the clauses in this Section shall not be modified.
Section VII. Special Conditions of Contract (SCC)
This Section consists of Contract Data and Specific Provisions which
contains clauses specific to each contract. The contents of this Section
modify or supplement the General Conditions and shall be prepared by the
Employer.
Section VIII. Contract Forms
This Section contains forms which, once completed, will form part of the
Contract. The forms for Performance Security and Advance Payment
Security, when required, shall only be completed by the successful Bidder
after contract award.
viii
Table of Contents
PART 1 – Bidding Procedures..........................................................................................1
Section 1 - Instructions to Bidders....................................................................................2

Section II - Bid Data Sheet (BDS)..................................................................................24
Section III - Evaluation and Qualification Criteria.........................................................31
Section IV - Bidding Forms............................................................................................41
PART 2 – Employer’s Requirements...............................................................................1
Section V - Employer’s Requirements..............................................................................2
PART 3 – Conditions of Contract and Contract Forms.................................................1
Section VI. General Conditions of Contract.....................................................................2

Section VII. Special Conditions of Contract..................................................................28
Section VIII - Contract Forms.........................................................................................34
1-1
PART 1 – Bidding Procedures

1-2
Section 1 - Instructions to Bidders
Table of Clauses
A. General.....................................................................................................................4
1. Scope of Bid.............................................................................................................4
2. Source of Fund.........................................................................................................4
3. Public Entities Related to Bidding Documents & to application for review...........4
4. Fraud and Corruption...............................................................................................4
5. Eligible Bidders.......................................................................................................6
6. Eligible Materials, Equipment and Services............................................................8
B. Contents of Bidding Document.............................................................................8
7. Sections of Bidding Document................................................................................8

8. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting............................9
9. Amendment of Bidding Document........................................................................10
C. Preparation of Bids..............................................................................................10
10. Cost of Bidding......................................................................................................10

11. Language of Bid.....................................................................................................10
12. Documents Comprising the Bid.............................................................................11
13. Letter of Bid and Schedules...................................................................................12
14. Alternative Bids.....................................................................................................12
15. Bid Prices and Discounts.......................................................................................12
16. Currencies of Bid and Payment.............................................................................13
17. Documents Comprising the Technical Proposal....................................................13
18. Documents Establishing the Qualifications of the Bidder.....................................13
19. Period of Validity of Bids......................................................................................13
20. Bid Security...........................................................................................................14
21. Format and Signing of Bid.....................................................................................15
D. Submission and Opening of Bids........................................................................15
22. Sealing and Marking of Bids.................................................................................15

23. Deadline for Submission of Bids...........................................................................16
24. Late Bids................................................................................................................16
25. Withdrawal, Substitution, and Modification of Bids.............................................16
26. Bid Opening...........................................................................................................17
E. Evaluation and Comparison of Bids..................................................................18
27. Confidentiality.......................................................................................................18
28. Clarification of Bids...............................................................................................18
29. Deviations, Reservations, and Omissions..............................................................18
30. Determination of Responsiveness..........................................................................18
Section I - Instructions to Bidders 1-3
31. Nonconformities, Errors, and Omissions...............................................................19

32. Correction of Arithmetical Errors..........................................................................19
33. Conversion to Single Currency..............................................................................20
34. Margin of Preference.............................................................................................20
35. Evaluation of Bids.................................................................................................20
36. Comparison of Bids...............................................................................................21
37. Qualification of the Bidder....................................................................................21
38. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids..................21
F. Award of Contract...............................................................................................22
39. Award Criteria.......................................................................................................22

40. Notification of Award............................................................................................22
41. Signing of Contract................................................................................................22
42. Performance Security.............................................................................................22
43. Adjudicator............................................................................................................23
44. Plants and Materials on site...................................................................................23
45. Debriefing..............................................................................................................23
1-4 Section I – Instructions to Bidders
Section I - Instructions to Bidders
A. General
1. Scope of Bid 1.1 The Employer, as indicated in the BDS, issues this Bidding
Document for the procurement of the Works as specified in
Section 5 (Employer’s Requirements) through Open Advertised
Bidding (open for local and foreign bidders). The name,
identification, and number of contracts of this bidding are
provided in the BDS.
Throughout these Bidding Documents:
(a) the term “in writing” means communicated in written
form (e.g. by mail, e-mail, fax,) with proof of receipt;
(b) if the context so requires, “singular” means “plural”
and vice versa; and
(c) “day” means calendar day, unless otherwise specified.
2. Source of Fund 2.1 The Works shall be financed by the Public Entity’s own
budgetary allocation, unless otherwise stated in the BDS.
3. Public Entities 3.1 The public entities related to these bidding documents are the
Related to Public Entity, acting as procurement entity (Purchaser), the
Bidding Procurement Policy Unit, in charge of issuing standard bidding
Documents & to documents and responsible for any amendment these may
application for require, the Central Procurement Board in charge of vetting
review Bidding document, receiving and evaluation of bids in respect of
major contracts and the Review Panel, set up under the Public
Procurement Act, 2015 (hereinafter referred to as the Act.)
The Chairperson
Review Panel
Ministry of Finance
Private Bag 13295
Windhoek, Namibia
4. Fraud and 5. It is the policy of the Government of the Republic of Namibia to

Corruption require Public Entities, as well as bidders, suppliers, and
contractors and their agents (whether declared or not), personnel,
subcontractors, sub-consultants, service providers and suppliers,
observe the highest standard of ethics during the procurement
and execution of contracts. 1 In pursuance of this policy, the

Government of the Republic of Namibia:
(a) defines,
for the purposes of this provision, the terms set forth
below as follows:
(i) “corrupt practice” is the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value
to influence improperly the actions of another party2;
(ii) “fraudulent practice” is 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
(iii) “collusive practice” is an arrangement between two or
more parties4 designed to achieve an improper
purpose, including to influence improperly the actions
of another party;
(iv) “coercive practice” is impairing or harming, or
threatening to impair or harm, directly or indirectly,
any party5 or the property of the party to influence
improperly the actions of a party;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the
investigation or making false statements to
investigators in order to materially impede the
Employer’s investigation into allegations of a
corrupt, fraudulent, coercive or collusive
practice; and/or threatening, harassing or
intimidating any party to prevent it from
disclosing its knowledge of matters relevant to
the investigation or from pursuing the
investigation, or
(bb) acts intended to materially impede the exercise
of the Employer’s inspection and audit rights
1
In this context, any action taken by a bidder, supplier, contractor, or any of its personnel, agents, sub-
consultants, sub-contractors, service providers, suppliers and/or their employees to influence the
procurement process or contract execution for undue advantage is improper.
2
“Another party” refers to a public official acting in relation to the procurement process or contract
execution. In this context, “public official” includes Employer’s staff and employees of other
organizations taking or reviewing procurement decisions.
3
“Party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process
or contract execution; and the “act or omission” is intended to influence the procurement process or
contract execution.
4
“Parties” refers to participants in the procurement process (including public officials) attempting to
establish bid prices at artificial, non competitive levels.
5
“Party” refers to a participant in the procurement process or contract execution.
provided for under sub-clause 4.2 below.

(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, coercive or
obstructive practices in competing for the contract in
question; and
(c) will sanction a firm or an individual, at any time, in
accordance with prevailing legislations, including by
publicly declaring such firm or individual ineligible, for a
stated period of time: (i) to be awarded a public contract;
and (ii) to be a nominated sub-contractor, consultant,
manufacturer or supplier, or service provider of an
otherwise eligible firm being awarded a public contract.
6. In further pursuance of this policy, Bidders shall permit the

Employer to inspect any 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.
7. Furthermore, bidders shall be aware of the provision in Clauses
3.1 and 35.1 (a) of the General Conditions of Contract.
7.1 Bidders, suppliers and public officials shall also be aware of the
provisions stated in section 67 and 68 of the Public Procurement
Act, 2015 which can be consulted on the website of the
Procurement Policy Unit (PPU) :
www.mof.gov.na/procurement-policy-unit
7.2 The Employer commits itself to take all measures necessary to

prevent fraud and corruption and ensures that none of its staff,
personally or through his/her close relatives or through a third
party, will in connection with the bid for, or the execution of a
contract, demand, take a promise for or accept, for him/herself or
third person, any material or immaterial benefit which he/she is
not legally entitled to. If the Employer obtains information on
the conduct of any of its employees which is a criminal offence
under the relevant Anti-Corruption Laws of the Republic of
Namibia or if there be a substantive suspicion in this regard, it
will inform the relevant authority(ies) and in addition can initiate
disciplinary actions. Furthermore, such bid shall be rejected.
8. Eligible Bidders 9. A Bidder may be a natural person, private entity, or government-
owned entity—subject to ITB 5.5 — or any combination of them
in the form of a joint venture, under an existing agreement, or
with the intent to constitute a legally-enforceable joint venture.
All partners shall be jointly and severally liable for the execution
of the Contract in accordance with the Contract terms.
10. A Bidder, and all parties constituting the Bidder, shall have the
nationality of an eligible country. A Bidder shall be deemed to
have the nationality of a country if the Bidder is a citizen or is
constituted, or incorporated, and operates in conformity with the
provisions of the laws of that country. This criterion shall also
apply to the determination of the nationality of proposed
subcontractors or suppliers for any part of the Contract including
related services.
11. A Bidder shall not have a conflict of interest. All Bidders found
to have a conflict of interest shall be disqualified. A Bidder may
be considered to have a conflict of interest with one or more
parties in this bidding process, if :
(a) they have a controlling partner 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 or any of its affiliates 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, or any of its affiliates has been hired (or is proposed
to be hired) by the Employer as Engineer for the contract.
12. (a)A firm that is under a declaration of ineligibility by the
Government of Namibia in accordance with applicable laws
at the date of the deadline for bid submission and thereafter
shall be disqualified
(b)Bids from contractors appearing on the ineligibility lists of
African Development Bank, Asian Development Bank,
European Bank for Reconstruction and Development, Inter-
American Development Bank Group and World Bank
Group shall be rejected.
Links for checking the ineligibility lists are available on the

PPU’s website: www.mof.gov.na/procurement-policy-unit
13. Government-owned enterprises in the Republic of Namibia

shall be eligible only if they can establish that they are legally
and financially autonomous and operate under commercial
law, and that they are not a dependent agency of the
Government.
14. Bidders shall provide such evidence of their continued
eligibility satisfactory to the Employer, as the Employer shall
reasonably request.
15. In case a prequalification process has been conducted prior to
the bidding process, this bidding is open only to prequalified
Bidders.
16. Firms shall be excluded if by an act of compliance with a
decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations, the Republic
of Namibia prohibits any import of goods or contracting of
works or services from that country or any payments to persons
or entities in that country.
17. Eligible 17.1 The materials, equipment and services to be supplied under the
Materials, Contract shall have their origin in eligible source countries as
Equipment and defined in ITB 5.2 above and all expenditures under the Contract
Services will be limited to such materials, equipment, and services. At the
Employer’s request, Bidders may be required to provide
evidence of the origin of materials, equipment and services.
17.2 For the purpose of ITB 6.1 above, “origin” means the place
where the materials and equipment are mined, grown, produced
or manufactured, and from which the services are provided.
Materials and equipment are produced when, through
manufacturing, processing, or substantial or major assembling of
components, a commercially recognized product results that
differs substantially in its basic characteristics or in purpose or
utility from its components.
B. Contents of Bidding Document

18. Sections of 18.1 The Bidding Document consist of Parts 1, 2, and 3, which
Bidding include all the Sections indicated below, and should be read in
Document conjunction with any Addenda issued in accordance with ITB 9.
PART 1 Bidding Procedures
Section I – Instructions to Bidders (ITB)
Section II – Bid Data Sheet (BDS)
Section III – Evaluation and Qualification Criteria
Section IV – Bidding Forms
PART 2 Requirements
Section V – Works Requirements
PART 3 Conditions of Contract and Contract Forms

Section VI – General Conditions (GC)
Section VII – Special Conditions (SC)
Section VIII – Contract Forms
18.2 The Invitation for Bids issued by the Employer is not part of the
Bidding Document.
18.3 The Employer is not responsible for the completeness of the
Bidding Document and their Addenda, if they were not obtained
directly from the source stated by the Employer in the Invitation
for Bids.
18.4 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.
19. Clarification of 19.1 A prospective Bidder requiring any clarification of the Bidding
Bidding Document shall contact the Employer in writing at the
Document, Site Employer’s address indicated in the BDS or raise his inquiries
Visit, Pre-Bid during the pre-bid meeting if provided for in accordance with
Meeting ITB 8.4. The Employer will respond in writing to any request for
clarification, provided that such request is received prior to the
deadline for submission of bids, within a period given in the
BDS. The Employer shall forward copies of its response to all
Bidders who have acquired the Bidding Document in accordance
with ITB 7.3, including a description of the inquiry but without
identifying its source. Should the Employer deem it necessary to
amend the Bidding Document as a result of a request for
clarification, it shall do so following the procedure under ITB 9
and ITB 23.2.
20. The Bidder is encouraged to visit and examine the Site of Works
and its surroundings and obtain for itself, on its own risk and
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.
20.1 The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter upon its premises and lands
for the purpose of such visit, but only upon the express condition
that the Bidder, its personnel, and agents will release and
indemnify the Employer and its personnel and agents from and
against all liability in respect thereof, and will be responsible for
death or personal injury, loss of or damage to property, and any
other loss, damage, costs, and expenses incurred as a result of the
inspection.
20.2 The Bidder’s designated representative is invited to attend a pre-
bid meeting, if provided for in the BDS. The purpose of the
meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.
20.3 The Bidder is requested, as far as possible, to submit any
question in writing, to reach the Employer not later than one
week before the meeting.
20.4 Minutes of the pre-bid meeting, including the text of the
questions raised, without identifying the source, and the
responses given, together with any response prepared after the
meeting, will be transmitted promptly to all Bidders who have
acquired the Bidding Document in accordance with ITB 7.3. Any
modification to the Bidding Document that may become
necessary as a result of the pre-bid meeting shall be made by the
Employer exclusively through the issue of an addendum pursuant
to ITB 9 and not through the minutes of the pre-bid meeting.
20.5 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
21. Amendment of 21.1 At any time prior to the deadline for submission of bids, the
Bidding Employer may amend the Bidding Document by issuing
Document addenda.
21.2 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 the Employer in accordance with ITB
7.3.
21.3 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 23.2.
C. Preparation of Bids
22. Cost of Bidding 23. The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
24. Language of Bid 25. The Bid, as well as all correspondence and documents relating to
the bid exchanged by the Bidder and the Employer, shall be
written in English. Supporting documents and printed literature
that are part of the Bid may be in another language provided they
are accompanied by an accurate translation in English in which
case, for purposes of interpretation of the Bid, such translation
shall govern.
26. Documents 26.1 The Bid shall comprise the following:

Comprising the
Bid (a) Letter of Bid;
(b) completed Schedules, in accordance with ITB 13 and 15,
or as stipulated in the BDS;
(c) Bid Security or Bid Securing Declaration, in accordance
with ITB 20;
(d) alternative bids, at Bidder’s option and if permissible, in
accordance with ITB 14;
(e) written confirmation authorizing the signatory of the Bid
to commit the Bidder, in accordance with ITB 21.2;
(f) documentary evidence in accordance with ITB 18
establishing the Bidder’s qualifications to perform the
contract;
(g) Technical Proposal in accordance with ITB 17;
(h) in the case of a bid submitted by a joint venture (JV), the
JV agreement, or letter of intent to enter into a JV including
a draft agreement, indicating at least the parts of the Works
to be executed by the respective partners;
(i) the following documentary evidence is required from
Namibian Bidders;
a) have a valid company Registration Certificate;
b) have an original valid good Standing Tax Certificate;
c) have an original valid good Standing Social Security
Certificate;
d) have a valid certified copy of Affirmative Action
Compliance Certificate, proof from Employment
Equity Commissioner that bidder is not a relevant
employer, or exemption issued in terms of Section 42
of the Affirmative Action Act, 1998;
e) have a certificate indicating SME Status (for Bids
reserved for SMEs);
f) An undertaking on the part of the Bidder that the
salaries and wages payable to its personnel in respect
of this proposal are compliant to the relevant laws,
Remuneration Order, and Award, where applicable and
that it will abide to sub-clause 4.6 of the General
conditions of Contract if it is awarded the contract or
part thereof; and;
(j) [insert any other additional eligibility criteria]
27. Letter of Bid and 28. The Letter of Bid, Schedules, and all documents listed under
Schedules Clause 11, shall be prepared using the relevant forms in Section
IV (Bidding Forms), if so provided. 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.
29. Alternative Bids 30. Unless otherwise indicated in the BDS, alternative bids shall not
be considered.
31. When alternative times for completion are explicitly invited, a
statement to that effect will be included in the BDS, as will the
method of evaluating different times for completion.
32. When specified in the BDS pursuant to ITB 14.1, and subject to
ITB 14.4 below, Bidders wishing to offer technical alternatives to
the requirements of the Bidding Document must first price the
Employer’s design as described in the Bidding Document and
shall further provide all information necessary for a complete
evaluation of the alternative by the Employer, including
drawings, design calculations, technical specifications,
breakdown of prices, and proposed construction methodology and
other relevant details. Only the technical alternatives, if any, of
the lowest evaluated Bidder conforming to the basic technical
requirements shall be considered by the Employer.
33. When specified in the BDS, Bidders are permitted to submit
alternative technical solutions for specified parts of the Works.
Such parts will be identified in the BDS and described in Section
V (Employer’s Requirements). The method for their evaluation
will be stipulated in Section III (Evaluation and Qualification
Criteria).
34. Bid Prices and 35. The prices and discounts quoted by the Bidder in the Letter of Bid
Discounts and in the Schedules shall conform to the requirements specified
below.
35.1 The Bidder shall submit a bid for the whole of the works
described in ITB 1.1 by filling in prices for all items of the
Works, as identified in Section IV, Bidding Forms. In case of
admeasurement contracts, the Bidder shall fill in rates and prices
for all items of the Works described in the Bill of Quantities.
Items against which no rate or price is entered by the Bidder will
not be paid for by the Employer when executed and shall be
deemed covered by the rates for other items and prices in the Bill
of Quantities.
35.2 The price to be quoted in the Letter of Bid shall be the total price
of the Bid, including any discounts offered.
35.3 Unconditional discounts, if any, and the methodology for their

application shall be quoted in the Letter of Bid, in accordance
with ITB 13.1.
35.4 If so indicated in ITB 1.1, bids are invited for individual
contracts or for any combination of contracts (packages). Bidders
wishing to offer any price reduction for the award of more than
one Contract shall specify in their bid the price reductions
applicable to each package, or alternatively, to individual
Contracts within the package. Price reductions or discounts shall
be submitted in accordance with ITB 15.3, provided the bids for
all contracts are submitted and opened at the same time.
35.5 Unless otherwise provided in the BDS and the Conditions of
Contract, the prices quoted by the Bidder shall be fixed. If the
prices quoted by the Bidder are subject to adjustment during the
performance of the Contract in accordance with the provisions of
the Conditions of Contract, the Bidder shall furnish the indices
and weightings for the price adjustment formulae in the Schedule
of Adjustment Data in Section IV (Bidding Forms) and the
Employer may require the Bidder to justify its proposed indices
and weightings.
35.6 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date 30 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.
36. Currencies of 36.1 The currency of the bid shall be in Namibian Dollars only.
Bid and Payment
37. Documents 37.1 The Bidder shall furnish a Technical Proposal including a
Comprising the statement of work methods, equipment, personnel, schedule and
Technical any other information as stipulated in Section IV (Bidding
Proposal Forms), in sufficient detail to demonstrate the adequacy of the
Bidders’ proposal to meet the work requirements and the
completion time.
38. Documents 39. To establish its qualifications to perform the Contract in
Establishing the accordance with Section III (Evaluation and Qualification
Qualifications of Criteria) the Bidder shall provide the information requested in the
the Bidder corresponding information sheets included in Section IV (Bidding
Forms).
40. Period of 41. Bids shall remain valid for the period specified in the BDS after
Validity of Bids the bid submission deadline date prescribed by the Employer. A
bid valid for a shorter period shall be rejected by the Employer as
nonresponsive.
42. In exceptional circumstances, prior to the expiration of the bid
validity period, the Employer may request Bidders to extend the

period of validity of their bids. The request and the responses
shall be made in writing. If a bid security is requested in
accordance with ITB 20, it shall also be extended for a
corresponding period. A Bidder may refuse the request without
forfeiting its bid security. A Bidder granting the request shall not be
required or permitted to modify its bid.
43. In the case of fixed price contracts, if the award is delayed by a
period exceeding sixty (60) days beyond the expiry of the initial
bid validity, the Contract price shall be adjusted by a factor
specified in the request for extension. Bid evaluation shall be
based on the Bid Price without taking into consideration the
above correction.
44. Bid Security 44.1 Unless otherwise specified in the BDS, the Bidder shall either
furnish as part of its bid, in original form, a bid security or
subscribe to a Bid Securing Declaration in the Letter of Bid as
specified in the BDS. In the case of a bid security, the amount
shall be as specified in the BDS.
44.2 The Bid Securing Declaration shall be in the form of an
undertaking by the Bidder in the letter of Bid.
20.3 If a Bid Security is specified pursuant to ITB 20.1, the Bid
Security shall be in the form of an unconditional guarantee,
issued by a local bank or a reputable overseas bank.
The Bid Security shall be submitted either using the Bid Security
Form included in Section IV (Bidding Forms). The form must
include the complete name of the Bidder. The Bid Security shall
be valid for thirty days (30) beyond the original validity
period of the bid, or beyond any period of extension if requested
under ITB 19.2.
20.4 Any bid not accompanied by an enforceable and substantially
compliant Bid Security or not containing a subscription to a Bid
Securing Declaration in the Letter of Bid, if required, in
accordance with ITB 20.1, shall be rejected by the Employer as
nonresponsive.
20.5 If a Bid Security is specified pursuant to ITB 20.1, the bid
security of unsuccessful Bidders shall be returned as promptly as
possible upon the successful Bidder’s furnishing of the
performance security pursuant to ITB 42.
19.6 If a Bid Security is specified pursuant to ITB 20.1, the bid
security of the successful Bidder shall be returned as promptly as
possible once the successful Bidder has signed the Contract and
furnished the required performance security.
44.3 The Bid Security may be forfeited or the Bid Securing
Declaration executed:
(a) if a Bidder withdraws its bid during the period of bid

validity specified by the Bidder on the Letter of Bid,
except as provided in ITB 19.2 or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 41; or
(ii) furnish a performance security in accordance with
ITB 41.
44.4 The Bid Security or 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 constituted into a legally-enforceable JV, at the time of
bidding, the Bid Security or the Bid Securing Declaration shall
be in the names of all future partners as named in the letter of
intent mentioned in ITB 5.1.
45. Format and 45.1 The Bidder shall prepare one original of the documents
Signing of Bid comprising the bid as described in ITB 12 and clearly mark it
“ORIGINAL”. Alternative bids, if permitted in accordance with
ITB 14, shall be clearly marked “ALTERNATIVE”. In addition, the
Bidder shall submit copies of the bid in the number specified in
the BDS, and clearly mark each of them “COPY.” In the event of
any discrepancy between the original and the copies, the original
shall prevail.
45.2 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 as specified in the BDS.
45.3 Any amendment such as 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

46. Sealing and 46.1 Bidders may always submit their bids by mail or by hand. When
Marking of Bids so specified in the BDS, bidders shall have the option of
submitting their bids electronically. Procedures for submission,
sealing and marking are as follows:
(a) Bidders submitting bids by mail or by hand shall enclose the
original and each copy of the Bid, including alternative bids,
if permitted in accordance with ITB 14, in separate sealed
envelopes, duly marking the envelopes as “ORIGINAL”,
“ALTERNATIVE” and “COPY.” These envelopes containing
the original and the copies shall then be enclosed in one
single envelope. The rest of the procedure shall be in
accordance with ITB sub-Clauses 23.2 and 23.3.
(b) Bidders submitting bids electronically shall follow the

electronic bid submission procedures specified in the BDS.
47. The inner and outer envelopes shall:
(a) bear the name and address of the Bidder;
(b) be addressed to the Employer as provided in the BDS
pursuant to ITB 23.1;
(c) bear the specific identification of this bidding process
indicated in accordance with ITB 1.1; and
(d) bear a warning not to open before the time and date for bid
opening.
47.1 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.
48. Deadline for 48.1 Bids must be received by the Employer at the address and no
Submission of later than the date and time indicated in the BDS.
Bids
48.2 The Employer may, at its discretion, extend the deadline for the
submission of bids by amending the Bidding Document in
accordance with ITB 9, in which case all rights and obligations
of the Employer and Bidders previously subject to the deadline
shall thereafter be subject to the deadline as extended.
49. Late Bids 49.1 The Employer shall not consider any bid that arrives after the
deadline for submission of bids, in accordance with ITB 23. Any
bid received by the Employer after the deadline for submission
of bids shall be declared late, rejected, and returned unopened to
the Bidder.
50. Withdrawal, 51. A Bidder may withdraw, substitute, or modify its bid after it has
Substitution, and been submitted by sending a written notice, duly signed by an
Modification of authorized representative, and shall include a copy of the
Bids authorization in accordance with ITB 21.2, (except that
withdrawal notices do not require copies). The corresponding
substitution or modification of the bid must accompany the
respective written notice. All notices must be:
(a) prepared and submitted in accordance with ITB 21 and ITB 22
(except that withdrawal notices do not require copies), and in
addition, the respective envelopes shall be clearly marked
“WITHDRAWAL,” “SUBSTITUTION,” “MODIFICATION;” and
(b) received by the Employer prior to the deadline prescribed for
submission of bids, in accordance with ITB 23.
51.1 Bids requested to be withdrawn in accordance with ITB 25.1

shall be returned unopened to the Bidders.
51.2 No bid may be withdrawn, substituted, or modified in the
interval between the deadline for submission of bids and the
expiration of the period of bid validity specified by the Bidder on
the Letter of Bid or any extension thereof.
52. Bid Opening 52.1 The Employer shall open the bids at the address, date and time
specified in the BDS in the presence of Bidders` designated
representatives who choose to attend. Any specific electronic
bid opening procedures required if electronic bidding is
permitted in accordance with ITB 22.1, shall be as specified in
the BDS.
52.2 First, envelopes marked “WITHDRAWAL” shall be opened and
read out and the envelope with the corresponding bid shall not be
opened, but returned to the Bidder. No bid withdrawal shall be
permitted unless the corresponding withdrawal notice contains a
valid authorization to request the withdrawal and is read out at
bid opening. Next, envelopes marked “SUBSTITUTION” shall be
opened and read out and exchanged with the corresponding bid
being substituted, and the substituted bid shall not be opened, but
returned to the Bidder. No bid substitution shall be permitted
unless the corresponding substitution notice contains a valid
authorization to request the substitution and is read out at bid
opening. Envelopes marked “MODIFICATION” shall be opened
and read out with the corresponding bid. No bid modification
shall be permitted unless the corresponding modification notice
contains a valid authorization to request the modification and is
read out at bid opening. Only envelopes that are opened and read
out at bid opening shall be considered further.
52.3 All other envelopes shall be opened one at a time, reading out:
the name of the Bidder and the Bid Price(s), including any
discounts and alternative bids and indicating whether there is a
modification; the presence of a bid security or the subscription
with respect to the Bid Securing Declaration in the Letter of Bid,
if required; and any other detail as the Employer may consider
appropriate. Only discounts and alternative offers read out at bid
opening shall be considered for evaluation. No bid shall be
rejected at bid opening except for late bids, in accordance with
ITB 24.1.
52.4 The Employer shall prepare a record of the bid opening that shall
include, as a minimum: the name of the Bidder and whether there
is a withdrawal, substitution, or modification; the Bid Price, per
contract if applicable, including any discounts and alternative
offers; and the presence or absence of a bid security, if one was
required. The Bidders’ representatives who are present shall be
requested to sign the record. The omission of a Bidder’s
signature on the record shall not invalidate the contents and

effect of the record. A copy of the record shall be distributed to
all Bidders.
E. Evaluation and Comparison of Bids

53. Confidentiality 53.1 Information relating to the examination, evaluation, comparison,
and post-qualification of bids and recommendation of contract
award, shall not be disclosed to Bidders or any other person not
officially concerned with such process until information on
Contract award is communicated to all Bidders.
53.2 Any attempt by a Bidder to influence the Employer in the
evaluation of the bids or Contract award decisions may result in
the rejection of its bid.
54. Notwithstanding ITB 26.2, from the time of bid opening to the
time of Contract award, if any Bidder wishes to contact the
Employer on any matter related to the bidding process, it may do
so in writing.
55. Clarification of 56. To assist in the examination, evaluation, and comparison of the
Bids bids, and qualification of the Bidders, 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 prices or substance of the bid shall be sought,
offered, or permitted, except to confirm the correction of
arithmetical errors discovered by the Employer in the evaluation
of the bids, in accordance with ITB 32.
57. 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.
58. Deviations, 58.1 During the evaluation of bids, the following definitions apply:
Reservations,
and Omissions (a) “Deviation” is a departure from the requirements specified
in the Bidding Document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the requirements
specified in the Bidding Document; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
Document.
59. Determination of 59.1 The Employer’s determination of a bid’s responsiveness is to be
Responsiveness based on the contents of the bid itself, as defined in ITB12.
59.2 A substantially responsive bid is one that meets the requirements

of the Bidding Document without material deviation, reservation,
or omission. A material deviation, reservation, or omission is one
that,
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or
performance of the Works specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the
Bidding Document, the Employer’s rights or the
Bidder’s obligations under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive bids.
59.3 The Employer shall examine the technical aspects of the bid
submitted in accordance with ITB 17, Technical Proposal, in
particular, to confirm that all requirements of Section 6
(Employer’s Requirements) have been met without any material
deviation, reservation or omission.
60. If a bid is not substantially responsive to the requirements of the
Bidding Document, it shall be rejected by the Employer and may
not subsequently be made responsive by correction of the material
deviation, reservation, or omission.
61. Nonconformities, 62. Provided that a bid is substantially responsive, the Employer may
Errors, and waive any non-material non-conformity in the bid.
Omissions
63. Provided that a bid is substantially responsive, the Employer may
request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the bid related to documentation
requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the price of
the bid. Failure of the Bidder to comply with the request may
result in the rejection of its bid.
64. Provided that a bid is substantially responsive, the Employer shall
rectify quantifiable nonmaterial nonconformities related to the
Bid Price. To this effect, the Bid Price may be adjusted, for
comparison purposes only, to reflect the price of a missing or
non-conforming item or component. The adjustment shall be
made using the methods indicated in Section III (Evaluation and
Qualification Criteria).
65. Correction of 66. Provided that the bid is substantially responsive, the Employer
Arithmetical shall correct arithmetical errors on the following basis:
Errors
(a) only for unit price contracts, 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.
67. Margin of 67.1 Unless otherwise specified in the BDS, Margin of Preference
Preference shall not apply.
68. Evaluation of 68.1 The Employer shall use the criteria and methodologies listed in
Bids this Clause. No other evaluation criteria or methodologies shall
be permitted.
68.2 To evaluate a bid, the Employer shall consider the following:
(a) the bid price, excluding Provisional Sums and the provision,
if any, for contingencies in the Summary Bill of Quantities
for admeasurement contracts or Schedule of Prices for lump
sum contracts, but including Daywork items, where priced
competitively;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB 32.1;
(c) price adjustment due to discounts offered in accordance with
ITB 15.3;
(d) adjustment for non-conformities in accordance with ITB
31.3;
(e) application of all the evaluation factors indicated in Section
III (Evaluation and Qualification Criteria);
68.3 The estimated effect of the price adjustment provisions of the
Conditions of Contract, applied over the period of execution of
the Contract, shall not be taken into account in bid evaluation.
68.4 If this Bidding Document allows Bidders to quote separate prices
for different contracts, and to award multiple contracts to a single
Bidder, the methodology to determine the lowest evaluated price
of the contract combinations, including any discount offered in
the Letter of Bid, is specified in Section III (Evaluation and

Qualification Criteria).
68.5 If the bid for an admeasurement contract, which results in the
lowest Evaluated Bid Price, is seriously unbalanced or front
loaded or if any item in the priced Activity Schedule is front
loaded or contains an erroneous amount in the opinion of the
Employer, the Employer may require the Bidder to produce
detailed price analysis for any or all items of the Bill of
Quantities or Priced Activity Schedule, to demonstrate the
internal consistency of those prices with the construction
methods and schedule proposed. After analysis of the prices 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.
69. Comparison of 69.1 The Employer shall compare all substantially responsive bids in
Bids accordance with ITB 34.2 to determine the lowest evaluated bid.
70. Qualification of 70.1 The Employer shall determine to its satisfaction whether the
the Bidder Bidder that is selected as having submitted the lowest evaluated
and substantially responsive bid meets the qualifying criteria
specified in Section III (Evaluation and Qualification Criteria).
70.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted
by the Bidder, pursuant to ITB 18.1.
70.3 An affirmative determination of qualification shall be a
prerequisite for award of the Contract to the Bidder. A negative
determination shall result in disqualification of the bid, in which
event the Employer shall proceed to the next lowest evaluated
bid to make a similar determination of that Bidder’s
qualifications to perform satisfactorily.
71. Employer’s 71.1 The Employer reserves the right to accept or reject any bid, and
Right to Accept to annul the bidding process and reject all bids at any time prior
Any Bid, and to to contract award, without thereby incurring any liability to
Reject Any or Bidders. In case of annulment, all bids submitted and
All Bids specifically, bid securities, shall be promptly returned to the
Bidders.
F. Award of Contract
72. Award Criteria 72.1 Subject to ITB 37.1, the Employer shall award the Contract to
the Bidder whose offer has been determined to be the lowest
evaluated bid and is substantially responsive to the Bidding
Document, provided further that the Bidder is determined to be
qualified to perform the Contract satisfactorily.
73. Notification of 73.1 Prior to the expiration of the period of bid validity, the Employer
Award shall, for contract amount above the prescribed threshold of N$ 2 M,

notify the selected bidder of the proposed award and accordingly
notify unsuccessful bidders. Subject to any application of review
to the Review Panel, the Employer shall notify the selected
Bidder, in writing, by a Notification of Award for award of
contract. The Notification of Award shall specify the sum that
the Employer will pay the Contractor in consideration of the
execution and completion of the Works (hereinafter and in the
Conditions of Contract and Contract Forms called “the Contract
Price”) and the requirement for the Contractor to remedy any
defects therein as prescribed by the Contract. Within seven days
from the issue of Notification of Award, the Employer shall
publish on the Procurement Policy Unit website
www.mof.gov.na/procurement-policy-unit and the Employer’s
website, the results of the Bidding Process identifying the bid
and lot numbers and the following information:
(i) name of the successful Bidder, and the Price it offered, as

well as the duration and summary scope of the contract
awarded; and
(ii) an executive summary of the Bid Evaluation Report.

73.2 Until a formal contract is prepared and executed, the notification
of award shall constitute a binding Contract.
74. Signing of 74.1 Promptly upon notification, the Employer shall send the
Contract successful Bidder the Contract Agreement.
74.2 Within thirty (30) days of receipt of the Contract Agreement, the
successful Bidder shall sign, date, and return it to the Employer.
75. Performance 75.1 Within thirty (30) days of the receipt of notification of award
Security from the Employer, the successful Bidder shall furnish the
performance security in accordance with the conditions of
contract, subject to ITB 35.5, using for that purpose the
Performance Security Form included in Section VIII (Contract
Forms), or another form acceptable to the Employer.
75.2 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 lowest evaluated Bidder whose
offer is substantially responsive and is determined by the
Employer to be qualified to perform the Contract satisfactorily.
76. Adjudicator 42.1 The Employer proposes the person named in the BDS to be
appointed as Adjudicator under the Contract, at the hourly fee
specified in the BDS, plus reimbursable expenses. If the Bidder
disagrees with this proposal, the Bidder should so state in his
Bid. If, in the Notification of Award, the Employer does not

agree on the appointment of the Adjudicator, the Employer will
request the Appointing Authority designated in the Special
Conditions of Contract (SCC) pursuant to Clause 24.1 of the
General Conditions of Contract (GCC), to appoint the
Adjudicator.
77. Plants and 77.1 Unless otherwise specified in BDS interim payment for Plant
Materials on site and Material on site is applicable as per GCC 39.7.
78. Debriefing 78.1 The Employer shall promptly attend to all requests for debriefing
for the contract, made in writing within 30 days from the date of
the notification of the award.
1-24
Section II – Bid Data Sheet (BDS)

The following specific data for the works to be procured shall complement, supplement,
or amend the provisions in the Instructions to Bidders (ITB). Whenever there is a
conflict, the provisions herein shall prevail over those in ITB.
[Instructions for completing the Bid Data Sheet are provided, as needed, in the notes in
italics mentioned for the relevant ITB Clauses.]
ITB 1.1 The Employer is: [insert complete name]
ITB 1.1 The name of the bidding process is: [insert complete name]
The identification number of the bidding process is: [insert identification
number]
The number and identification of lots comprising this bidding process is:
[insert number of lots and identification number of each lot, if
applicable]
ITB 1.1 The name of the Project is: [insert name of the Project]
[Public Entity to insert financing arrangements if from special fund or co-financing etc…]
ITB 2.1
The Funding Agency is:
B. Bidding Documents
ITB 8.1
For clarification purposes only, the Employer’s address is:
Attention: [insert full name of person, if applicable]
Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
Country: [insert name of country]
Telephone: : [insert telephone number, including country code]
Facsimile number: [insert phone number, with country code]
Requests for clarification should be received by the Employer no later than
14 days prior to the deadline to submission: [insert exact date]
ITB 8.4 A Pre-Bid meeting [insert “shall” or “shall not”] take place. If a Pre-Bid
meeting will take place, it will be at the following date, time and place:
[insert date, time & place below, if applicable]
Time:
Location:
1-25
A site visit conducted by the Employer [insert “shall be” or “shall not
be”] organized.
C. Preparation of Bids
ITB 12.1 (b) The following schedules shall be submitted with the bid: [insert schedules
that must be submitted with the Bid, including the priced Bill of
Quantities for admeasurement contracts and Schedule of Prices for lump
sum contracts]
ITB 12.1 (j) The Bidder shall submit with its bid the following additional documents:
[insert type of any additional documents not already listed in ITB 12.1
that must be submitted with the Bid].
ITB 14.1 Alternative bids [insert “shall be” or “shall not be”] permitted.
ITB 14.2 Alternative times for completion [insert “shall be” or “shall not be”]
permitted.
If alternative times for completion are permitted, the evaluation method
will be as specified in Section III (Evaluation and Qualification Criteria).
ITB 14.4 Alternative technical solutions shall be permitted for the following parts of
the Works: [insert parts of the Works]
If alternative technical solutions are permitted, the evaluation method will
be as specified in Section III (Evaluation and Qualification Criteria).
ITB 15.6 The prices quoted by the Bidder [insert “shall be” or “shall not be”]
subject to adjustment during the performance of the Contract.
ITB 19.1 The bid validity period shall be: [insert the number of days deemed
appropriate.].
[Choose option (a) if the value is below N$ 500 000.00 or (b) if the value
ITB 20.1 is above N$ 500 000.00 respectively.]
a) The Bidder shall subscribe to a Bid Securing Declaration by signing

the Letter of Bid containing the provision with regard thereto.
[or]
b) The Bidder shall furnish a Bid Security in the amount of [insert
percentage (usually 0.5% - 2% of the bidders bid price)] of the bid
price.
ITB 21.1 In addition to the original of the bid, the number of copies is: [insert
number of copies if required].
1-26 Section II – Bid Data Sheet
ITB 21.2 [Public Entity to insert text (a) in case the works contract is estimated for an
amount less than N$ 500 000.00 or text (b) in case the amount is estimated to be
above N$ 500 000.00]
(a)No written evidence is required.
(b (b)This authorization shall consist of written confirmation and shall be

attached to the bid. It may include a delegation of power by resolution of
the Board of a company or from the CEO, himself holding power from
the Board or from a Director being a shareholder of a company or
through a Power of Attorney.
The name and position held by each person signing the authorization
must be typed or printed below the signature.
(c)In the case of Bids submitted by an existing or intended JV an

undertaking signed by all parties (i) stating that all parties shall be
jointly and severally liable, if so required in accordance with ITB 5.1,
and (ii) nominating 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.”]
Note: The power of Attorney or other written authorization to sign may be for a
determined period or limited to a specific purpose.
D. Submission and Opening of Bids
ITB 22.1 Bidders [insert “shall” or “shall not”] have the option of submitting their
bids electronically.
ITB 22.1 (b) If bidders shall have the option of submitting their bids electronically, the
electronic bidding submission procedures shall be: [insert a description of
the electronic bidding submission procedures].
ITB 22.2 & For bid submission purposes only, the Employer’s address is:
23.1 [insert all required and applicable information]
Attention:
Address:
Floor/Room number:
Country:
The deadline for bid submission is:
Date:
Time:
Markings: “DO NO OPEN UNTIL CLOSING DATE AND TIME”
1-27
ITB 26.1 The bid opening shall take place at:

[insert all required and applicable information]
Address:
Floor/Room number:
Country:
Date:
Time:
ITB 26.1 If electronic bid submission is permitted in accordance with ITB 22.1, the
specific bid opening procedures shall be: [insert description of the
procedures.]
E. Evaluation and Comparison of Bids

ITB 33.1 [The following provision should be included and the required
corresponding information inserted if margins of preference are
applicable. Otherwise omit]
A margin of preference [insert “shall” or shall not] apply.
If a margin of preference applies the application methodology shall be
defined in Section IV – Evaluation and Qualification Criteria.
ITB 42.1 The Adjudicator proposed by the Employer is:_________________[insert
name and address of proposed Adjudicator]. The hourly fee for this
proposed Adjudicator shall be:__________[insert amount and currency].
The biographical data of the proposed Adjudicator is as follows:
___________________________________________________________
[provide relevant information, such as education, experience, age,
nationality, and present position; attach additional pages as necessary]
If the clause not applicable [ “insert not-applicable” ]
Interim Payment for Plant and Material on site [“is” or “is not “]
ITB 43.1
applicable.
[If payment for plant and material on site is applicable the Public Entity
may insert the list of items for which payment is applicable, as
appropriate.]
1-28
Section III - Evaluation and Qualification Criteria
[This section contains all the criteria that the Employer shall use to evaluate bids and
qualify Bidders if the bidding was not preceded by a prequalification exercise and post-
qualification is applied. In accordance with ITB 34 and ITB 36, 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).]
Table of Criteria
1. Evaluation.............................................................................................................31
1.1 Adequacy of Technical Proposal............................................................................31

1.2 Multiple Contracts..................................................................................................31
1.3 Completion Time....................................................................................................31
1.4 Technical Alternatives............................................................................................31
1.5 Margin of Preference..............................................................................................31
2. Qualification.........................................................................................................32
2.1 Eligibility................................................................................................................32
2.2 Historical Contract Non-Performance....................................................................33
2.3 Financial Situation..................................................................................................34
2.4 Experience..............................................................................................................36
2.5 Personnel................................................................................................................38
2.6 Equipment..............................................................................................................38
1-29
1. Evaluation
In addition to the criteria listed in ITB 34.2 (a) – (e) the following criteria
shall apply:
1.1 Adequacy of Technical Proposal
Evaluation of the Bidder's Technical Proposal will include an assessment of
the Bidder's technical capacity to mobilize key equipment and personnel for
the contract consistent with its proposal regarding work methods,
scheduling, and material sourcing in sufficient detail and fully in
accordance with the requirements stipulated in Section VI (Employer's
Requirements).
1.2 Multiple Contracts
Pursuant to Sub-Clause 34.4 of the Instructions to Bidders, if Works are
grouped in multiple contracts, evaluation will be as follows:
1.3 Completion Time
If permitted under ITB 14.2 varying times for completion may be used in bid
comparison as follows: [the method for evaluating the differences offered by
bidders should be specified as a specific amount for each week of delay from a
specified “standard” or minimum completion date related to the loss of benefits
to the Employer. The amount should be no more than the sum stated in the
Contract Data for delay damages.]
1.4 Technical Alternatives
Technical alternatives, if permitted under ITB 14.4, will be evaluated as follows:
[insert method for evaluation of such alternatives, if appropriate]
1.5 Margin of Preference

The applicable margins of preference shall be as follows:
[Insert applicable margins of preference and their application methodology]
.
1-30 Section III - Evaluation and Qualification Criteria
2. Qualification
2.1 Eligibility
Factor
Criteria
Bidder
Sub-Factor Documentation Re-
Requirement Single Entity Joint Venture, Consortium or Association quired
All partners Each part- At least one
combined ner partner
2.1.1 Nationality Nationality in accordance Must meet Existing or Must meet N/A Form ELI –1.1 and
with ITB 5.2. requirement intended JV requirement 1.2, with attachments
must meet
requirement
2.1.2 Conflict of No- conflicts of interests as Must meet Existing or Must meet N/A Letter of Bid
Interest described in ITB 5.3. requirement intended JV requirement
must meet
requirement
2.1.3 Bank Not having been declared Must meet Existing JV Must meet N/A Letter of Bid
Ineligibility ineligible by the Public Entity requirement must meet requirement
as described in ITB 5.4. requirement
2.1.4 Government Compliance with conditions Must meet Must meet Must meet Form ELI –1.1 and
N/A
Owned Entity of ITB 5.5 requirement requirement requirement 1.2, with attachments
2.1.5 Ineligibility Not having been excluded as Letter of Bid
based on a United a result of the laws of
Nations resolution or Republic of Namibia or Existing JV
Must meet Must meet
Namibian Law official regulations, or by an must meet N/A
requirement requirement
act of compliance with UN requirement
Security Council resolution,
in accordance with ITB 5.8
Section III - Evaluation and Qualification Criteria 1-31
2.2 Historical Contract Non-Performance

Factor
Criteria
Bidder
Sub-Factor Documentation
Requirement Joint Venture, Consortium or Association Required
Single Entity All partners Each At least one
combined partner partner
2.2.1 History of non- Non-performance of a Form CON - 2
performing contracts contract did not occur within
the last __________ (_)
years prior to the deadline
for application submission,
based on all information on
Must meet Must meet
fully settled disputes or
litigation. A fully settled N/A
by itself or as by itself or
dispute or litigation is one N/A
partner to as partner to
that has been resolved in
past or past or
accordance with the Dispute
existing JV existing JV
Resolution Mechanism
under the respective
contract, and where all
appeal instances available to
the bidder have been
exhausted.
2.2.2 Pending All pending litigation shall in Form CON – 2
Must meet Must meet
Litigation total not represent more than
______________ percent
by itself or as by itself or as
(_____%) of the Bidder’s N/A N/A
partner to partner to
net worth and shall be treated
past or past or
as resolved against the
existing JV existing JV
Bidder.
2.3 Financial Situation

Factor
Criteria
Bidder Documentation Re-
Sub-Factor
Requirement Joint Venture, Consortium or Association quired
2.3.1 Historical Submission of audited
Financial balance sheets or if not
Performance required by the law of the
bidder’s country, other
financial statements
acceptable to the Employer,
for the last ____ [ ] years to
Must meet Must meet Form FIN – 3.1 with
demonstrate the current N/A N/A
requirement requirement attachments
soundness of the bidders
financial position and its
prospective long term
profitability.
(criterion 1)
(criterion 2)
_____________
2.3.2. Average Minimum average annual
Must meet
Annual Turnover turnover of Must meet
_________
__________________, _________
percent
calculated as total certified Must meet Must meet percent
(_____%) of Form FIN –3.2
payments received for requirement requirement (_____%) of
the
contracts in progress or the
requirement
completed, within the requirement
last______( ) years
2.3.3. Financial The Bidder must demonstrate Must meet Must meet Must meet Must meet
Resources access to, or availability of, Form FIN –3.3
requirement requirement _________ _________
2.3 Financial Situation

Factor
Criteria
Bidder Documentation Re-
Sub-Factor
Requirement Joint Venture, Consortium or Association quired
financial resources such as
liquid assets, unencumbered
real assets, lines of credit,
and other financial means,
other than any contractual
advance payments to meet: percent
(i) the following cash-flow (_____%) of percent
requirement: the (_____%) of
…………………………… requirement the
…………………………… requirement
…………
and
(ii) the overall cash flow
requirements for this contract
and its concurrent
commitments.
2.4 Experience
Factor
Criteria
Bidder
Joint Venture, Consortium or
Requirement Required
Association
Single Entity
All partners Each At least one
2.4.1 General Experience under contracts in
Experience the role of contractor,
subcontractor, or management
contractor for at least the Must meet Must meet
last________ [____] years prior requirement N/A requirement N/A Form EXP-4.1
to the applications submission
deadline, and with activity in at
least nine (9) months in each
year.
2.4.2 Specific (a)Participation as contractor, Must meet Must meet N/A Must meet Form EXP 2.4.2(a)
Experience management contractor, or requirement requirements requirement
subcontractor, in at least for all for one
_________ (___) contracts characteristics characteristic
within the last ________( )
years , each with a value of at
least ____________ (___), that
have been successfully and
substantially completed and that
are similar to the proposed
Works. The similarity shall be
based on the physical size,
complexity,
2.4 Experience
Factor
Criteria
Bidder
Joint Venture, Consortium or
Requirement Required
Association
Single Entity
All partners Each At least one
methods/technology or other
characteristics as described in
Section VI, Employer’s
Requirements.
2.4.2 Specific b) For the above or other
Experience contracts executed during the
Must meet Must meet
period stipulated in 2.4.2(a) Must meet
requirements N/A requirements Form EXP-2.4.2(b)
above, a minimum experience requirements
in the following key activities:
…..
2.5 Personnel
The Bidder must demonstrate that it will have the personnel for the key positions
that meet the following requirements:
Total Work In Similar Works

No. Position Experience Experience
(years) (years)
1
2
3
4
5
The Bidder shall provide details of the proposed personnel and their experience
records in the relevant Forms included in Section IV, Bidding Forms.
2.6 Equipment
The Bidder must demonstrate that it will have access to the key Contractor’s
equipment listed hereafter:
No. Equipment Type and Characteristics Minimum Number required
1
2
3
4
5
The Bidder shall provide further details of proposed items of equipment using the
relevant Form in Section IV.
Section IV – Bidding Forms 1-37
Section IV - Bidding Forms
Table of Forms
Letter of Bid..........................................................................................................................
Bid Securing Declaration…………………………………………………………………...
Form of Bid Security (Bank Guarantee)............................................................................
Schedules...............................................................................................................................
Bill of Quantities/ Schedules of Prices................................................................................

Table(s) of Adjustment Data...............................................................................................
Technical Proposal...............................................................................................................
Technical Proposal Forms...................................................................................................

Forms for Personnel............................................................................................................
Forms for Equipment...........................................................................................................
Bidder’s Qualification..........................................................................................................
Bidder Information Sheet....................................................................................................

Party to JV Information Sheet.............................................................................................
Historical Contract Non-Performance.................................................................................
Current Contract Commitments / Works in Progress..........................................................
Financial Situation...............................................................................................................
Average Annual Turnover...................................................................................................
Financial Resources.............................................................................................................
General Experience.............................................................................................................
Specific Experience.............................................................................................................
Specific Experience in Key Activities.................................................................................
1-38 Section IV Bidding Forms
Letter of Bid
The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly
showing the Bidder’s complete name and address.
Note: All italicized text is for use in preparing this form and shall be deleted from the
final products.
Date: _______________
Procurement Reference 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) Clause 9;
(b) We offer to execute in conformity with the Bidding Documents the following
Works:
_________________________________________________________________;
(c) The total price of our Bid, after any discounts offered in item (d) below is:
__________________________________________________________________
_________________________________________________________________;
(d) The discounts offered and the methodology for their application are:
__________________________________________________________________
_________________________________________________________________;
(e) Our bid shall be valid for a period of ________ days from the date fixed for the
bid submission deadline in accordance with the Bidding Documents, and it shall
remain binding upon us and may be accepted at any time before the expiration of
that period;
(f) I/We hereby confirm that I/we have read and understood the content of the Bid
Securing Declaration attached herewith and subscribe fully to the terms and
conditions contained therein, if required. I/We understand that non-compliance to
the conditions mentioned may lead to disqualification.
(g) If price adjustment provisions apply, the Table(s) of Adjustment Data shall be
considered part of this Bid;6
(h) Our firm, including any subcontractors or suppliers for any part of the Contract,
have nationalities from eligible countries;
6
Include if price adjustment provisions apply in the Contract in accordance with PCC Sub-Clause
14.8 Adjustments for Changes in Cost.
Section IV - Bidding Forms 1-39
(i) We, including any subcontractors or suppliers for any part of the contract, do not
have any conflict of interest in accordance with ITB 5.3;
(j) We are not participating, as a Bidder or as a subcontractor, in more than one bid in
this bidding process in accordance with ITB 5.3, other than alternative offers
submitted in accordance with ITB 14;
(k) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers
for any part of the contract, has not been declared ineligible under the laws of
Namibia or official regulations or by an act of compliance with a decision of the
United Nations Security Council;
(l) We are not a government owned entity / We are a government owned entity but
meet the requirements of ITB 5.5;7[select appropriate]
(m) We have paid, or will pay the following commissions, gratuities, or fees with
respect to the bidding process or execution of the Contract: 8
Name of Recipient Address Reason Amount
(n) 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;
(o) We understand that you are not bound to accept the lowest evaluated bid or any
other bid that you may receive; and
(p) If awarded the contract, the person named below shall act as Contractor’s
Representative:
Name:
In the capacity of:
Signed:
Duly authorized to
sign the Bid for and
on behalf of:
Date:
Seal of Company
[This form is to be deleted if Bid Securing Deceleration is not applicable.] Appendix to Bid Submission Form
7
Use one of the two options as appropriate.
8
If none has been paid or is to be paid, indicate “none”.
BID SECURING DECLARATION

(Section 45 of Act)
(Regulation 37(1)(b) an 37(5))
Date: ........[Day|month|year]..........
Procurement Ref No.: ..................................................
To: .........[insert complete name of Public Entity and address]........
I/We* understand that in terms of section 45 of the Act a public entity must include in the bidding
document the requirement for a declaration as an alternative form of bid security.
I/We* accept that under section 45 of the Act, I/we* may be suspended or disqualified in the
event of
(a) a modification or withdrawal of a bid after the deadline for submission of bids during the
period of validity;
(b) refusal by a bidder to accept a correction of an error appearing on the face of a bid;
(c) failure to sign a procurement contract in accordance with the terms and conditions set forth
in the bidding document, should I/We* be successful bidder; or
(d) failure to provide security for the performance of the procurement contract if required to do
so by the bidding document.
I/We* understand this bid securing declaration ceases to be valid if I am/We are* not the
successful Bidder
Signed: ................................................................................................................................................
..
[insert signature of person whose name and capacity are shown]
Capacity of:
[indicate legal capacity of person(s) signing the Bid Securing Declaration]
Name: .................................................................................................................................................
..
[insert complete name of person signing the Bid Securing Declaration]
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______

[insert date of signing]
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.]
*delete if not applicable / appropriate
[This form is to be deleted if Bid Security is not applicable.] Appendix to Bid Submission Form
Bid Security (Bank Guarantee)

...........................................[Bank’s Name and Address of issuing Branch or Office] ..........................................................
Date: ........[Day|month|year]..........
To:..........[Name and Address of Public Entity]……….....
BID GUARANTEE No.: .....................................................
We have been informed that ......................[ name of the Bidder]……...... (hereinafter called "the
Bidder") has submitted to you its bid dated ....................(hereinafter called "the Bid") for the
execution of .............................[name of contract] ......................... under Invitation for Bids
No..........................[IFB number] ….................. (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a Bid
Security.
At the request of the Bidder, we ..................................[name of Bank ]...................... hereby

irrevocably undertake to pay you any sum or sums not exceeding in total an amount of
............................[amount in figures]…........................[.............amount in words..................] upon receipt by us of
your first demand in writing accompanied by a written statement stating that the Bidder is in
breach of its obligation(s) under the bid conditions, because the Bidder:
(a) a modification or withdrawal of a bid after the deadline for submission of bids
during the period of validity;
(b) refusal by a bidder to accept a correction of an error appearing on the face of a

bid;
(c) failure to sign a procurement contract in accordance with the terms and conditions
set forth in the bidding document, should the bidder be the successful bidder; or
(d) failure to provide security for the performance of the procurement contract if
required to do so by the bidding document.
This guarantee shall expire: (a) if the Bidder is the successful bidder, upon our receipt of copies of
the contract signed by the Bidder and the Performance Security issued to you upon the instruction
of the Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier of (i) our receipt of
a copy of your notification to the Bidder of the name of the successful bidder; or (ii) thirty days
after the expiration of the Bid Validity.
Consequently, any demand for payment under this guarantee must be received by us at the office
on or before ........................................[Public Entity to insert date].................................................
.......................................................[Bank’s seal and authorized signature(s) ].....................................................

Republic Of Namibia
Ministry of Labour, Industrial Relations and Employment Creation
Witten undertaking in terms of section 138 of the Labour Act, 2015 and
section 50(2)(D) of the Public Procurement Act, 2015
1. EMPLOYERS DETAILS
Company Trade Name:………………………………………………………
Registration Number :...……………………………………………………...
Vat Number: …………………………………………………………………
Industry/Sector: ………………………………………………………………
Place of Business:……………………………………………………………..
Physical Address:……………………………………………………………..
Tell No.:………………………………………………………………………
Fax No.:……………………………………………………………………….
Email Address:………………………………………………………………..
Postal Address:………………………………………………………………..
Full name of Owner/Accounting Officer:……………..……………………...
…………………………………………………………………………….......
Email Address:………………………………………………………………..
2. PROCUREMENT DETAILS
Procurement Reference No.:……………………………………………………..
Procurement Description: ………………………………………………………..
……………………………………………………………………………………
……………………………………………………………………………………
Anticipated Contract Duration: ………………………………………………….
Location where work will be done, good/services will be delivered: …………..
……………………………………………………………………………………
3. UNDERTAKING
I ……………………………………………[insert full name], owner/representative
of ………………………………………………………….[insert full name of company]
hereby undertake in writing that my company will at all relevant times comply
fully with the relevant provisions of the Labour Act and the Terms and
Conditions of Collective Agreements as applicable.
I am fully aware that failure to abide to such shall lead to the action as stipulated
in section 138 of the labour Act, 2007, which include but not limited to the
cancellation of the contract/licence/grant/permit or concession.
Signature: ……………………………..
Date: …………………………………..
Seal:…………………………………….
Please take note:
1.A labour inspector may conduct unannounced inspections to assess the level of compliance
2.This undertaking must be displayed at the workplace where it will be readily accessible and visible by the employees rendering
service(s) in relations to the goods and services being procured under this contract.
Schedules
Bill of Quantities/ Schedules of Prices

Table(s) of Adjustment Data
Table A - Local Currency

Bidder’s
Index Index Source of Base Value Bidder’s
Proposed
Code Description Index and Date Currency Amount
Weighting
Nonadjustable — — — A:
B:
C:
D:
E:
Total 1.00
Technical Proposal
Technical Proposal Forms
Personnel
Equipment
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule
Others
Forms for Personnel
Form PER – 1: Proposed Personnel
Bidders should provide the names of suitably qualified personnel to meet the specified
requirements for each of the positions listed in Section III (Evaluation and Qualification
Criteria). The data on their experience should be supplied using the Form below for each
candidate.
1. Title of position
Name
Name
Name
Name
Name
Name
etc. Title of position
Name
Form PER – 2: Resume of Proposed Personnel
The Bidder shall provide all the information requested below. Fields with asterisk (*)
shall be used for evaluation.
Position*
Personnel 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* Company, Project , Position, and Relevant Technical and Management
Experience*
Forms for Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the
capability to meet the requirements for the key equipment listed in Section III (Evaluation
and Qualification Criteria). A separate Form shall be prepared for each item of equipment
listed, or for alternative equipment proposed by the Bidder. The Bidder shall provide all the
information requested below, to the extent possible. Fields with asterisk (*) shall be used
for evaluation.
Type of Equipment*
Equipment Name of manufacturer Model and power rating

Information
Capacity* Year of manufacture*
Current Current location

Status
Details of current commitments
Source Indicate source of the equipment

o Owned o Rented o Leased o Specially manufactured
The following information shall be provided only for equipment not owned by the Bidder.
Owner Name of owner
Address of owner
Telephone Contact name and title
Fax Email
Agreements Details of rental / lease / manufacture agreements specific to the project

Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section III
(Evaluation and Qualification Criteria) the Bidder shall provide the information requested
in the corresponding Information Sheets included hereunder
Form ELI 1.1

Bidder Information Sheet
Date: ______________________
Bid Reference No.: ________________
1. Bidder’s Legal Name
2. In case of JV, legal name of each party:
3. Bidder’s actual or intended Country of Registration:
4. Bidder’s Year of Registration:
5. Bidder’s Legal Address in Country of Registration:
6. Bidder’s Authorized Representative Information

Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:

 Articles of Incorporation or Registration of firm named in 1, above, in accordance with
ITB Sub-Clauses 5.1 and 5.2.
 In case of JV, letter of intent to form JV including a draft agreement, or JV agreement, in
accordance with ITB Sub-Clauses 5.1
 In case of government owned entity from the Employer’s country, documents establishing
legal and financial autonomy and compliance with the principles of commercial law, in
accordance with ITB Sub-Clause 5.5.
Form ELI 1.2

Party to JV Information Sheet
Date: ______________________
Bid Reference No.: ___________________
1. Bidder’s Legal Name:
2. JV’s Party legal name:
3. JV’s Party Country of Registration:
4. JV’s Party Year of Registration:
5. JV’s Party Legal Address in Country of Registration:
6. JV’s Party Authorized Representative Information

Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:

 Articles of Incorporation or Registration of firm named in 1, above, in accordance
with ITB Sub-Clauses 5.1 and 5.2.
 In case of government owned entity from Namibia, documents establishing legal and
financial autonomy and compliance with the principles of commercial law, in accordance
with ITB Sub-Clause 5.5.
Form CON – 2
Historical Contract Non-Performance
Bidder’s Legal Name: _______________________ Date: _____________________
JV Partner Legal Name: _______________________ ___________________

Bid Reference No.: __________________
Non-Performing Contracts in accordance with (Evaluation and Qualification Criteria)
Contract non-performance did not occur during the stipulated period, in accordance with
Sub-Factor 2.2.1 of Section III (Evaluation and Qualification Criteria)
Contract non-performance during the stipulated period, in accordance with Sub-Factor
2.2.1 of Section III(Evaluation and Qualification Criteria).
Year Outcome as Total Contract

Percent of Contract Identification Amount (current
value, NAD
Total Assets equivalent)
Contract Identification:
______ ______ Name of Employer: ___________
Address of Employer:
Matter in dispute:
Pending Litigation, in accordance with Section III (Evaluation and Qualification Criteria)
No pending litigation in accordance with Sub-Factor 2.2.2 of Section III(Evaluation and
Qualification Criteria)
 Pending litigation in accordance with Sub-Factor 2.2.2 of Section III(Evaluation and
Qualification Criteria), as indicated below
Year Outcome as Total Contract
Percent of Contract Identification Amount (current
value, NAD
Total Assets equivalent)
______ ______ Name of Employer: ___________
Matter in dispute:
______ ______ Name of Employer: ___________
Matter in dispute:
Form CCC
Current Contract Commitments / Works in Progress
Bidders and each partner to a JV should provide information on their current commitments
on all contracts that have been awarded, or for which a letter of intent or acceptance has
been received, or for contracts approaching completion, but for which an unqualified, full
completion certificate has yet to be issued.
Name of contract Employer, Value of Estimated Average monthly

contact outstanding work completion date invoicing over
address/tel/fax (current NAD last six months
equivalent) (NAD month)
1.
2.
3.
4.
5.
etc.
Financial Situation
Historical Financial Performance
Bidder’s Legal Name: _______________________ Date: _____________________
JV Partner Legal Name: _______________________ Bid Reference No.:

__________________
To be completed by the Bidder and, if JV, by each partner
Financial Historic information for previous ______ (__) years

information in (N$ equivalent in millions)
NAD
equivalent
Year 1 Year 2 Year 3 Year … Year n Avg. Avg.
Ratio
Information from Balance Sheet
Total Assets
(TA)
Total
Liabilities
(TL)
Net Worth
(NW)
Current
Assets (CA)
Current
Liabilities
(CL)
Information from Income Statement
Total
Revenue (TR)
Profits Before
Taxes (PBT)
 Attached are copies of financial statements (balance sheets, including all related
notes, and income statements) for the years required above complying with the
following conditions:
 Must reflect the financial situation of the Bidder or partner to a JV, and not
sister or parent companies
 Historic financial statements must be audited by a certified accountant
 Historic financial statements must be complete, including all notes to the

financial statements
 Historic financial statements must correspond to accounting periods already

completed and audited (no statements for partial periods shall be requested or
accepted)
Form FIN – 3.2

Average Annual Turnover
Bidder’s Legal Name: ___________________________ Date:

_____________________
JV Partner Legal Name: ____________________________ Bid Reference No.:

______________
Page _______ of _______ pages
Annual turnover data (construction only)

Year Amount and Currency NAD equivalent
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
*Average _________________________________________ ____________________
Annual
Construction
Turnover
*Average annual turnover calculated as total certified payments received for work in
progress or completed over the number of years specified in Section III (Evaluation and
Qualification Criteria), Sub-Factor 2.3.2, divided by that same number of years.
Form FIN3.3
Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets,
lines of credit, and other financial means, net of current commitments, available to meet
the total construction cash flow demands of the subject contract or contracts as indicated
in Section III (Evaluation and Qualification Criteria)
Source of financing Amount inNAD
1.
2.
3.
4.
Experience
General Experience
Bidder’s Legal Name: ____________________________ Date:

_____________________
JV Partner Legal Name: ____________________________ Bid Reference No.:

________________
Starting Ending Contract Identification Role of

Month / Month / Years Bidder
Year Year *
Contract name:
______ ______ Brief Description of the Works performed by the _________
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
*List calendar year for years with contracts with at least nine (9) months activity per year starting with the
earliest year
Form EXP – 2.4.2(a)

Specific Experience
_____________________
JV Partner Legal Name: _________________________ Bid Reference No.:

__________________
Similar Contract Number: ___ [insert Information

specific number] of ___[insert total
number of contracts required.
Contract Identification _______________________________________
Award date _______________________________________
Completion date _______________________________________
Role in Contract   
Contractor Management Subcontractor
Contractor
Total contract amount __________________________ NAD______
__
If partner in a JV or subcontractor,
specify participation of total contract __________% _____________ NAD______
amount
Employer’s Name: _______________________________________
Address: _______________________________________
_______________________________________
Telephone/fax number: _______________________________________
E-mail: _______________________________________
Form EXP – 2.4.2(a) (cont.)

Specific Experience (cont.)

_____________________
JV Partner Legal Name: _________________________ Bid Reference No.:

__________________
Similar Contract No. __[insert specific Information

number] of ___[insert total number of
contracts] required
Description of the similarity in
accordance with Sub-Factor 2.4.2a) of
Section III (Evaluation and Qualification
Criteria):
Amount _________________________________
Physical size _________________________________
Complexity _________________________________
Methods/Technology _________________________________
Physical Production Rate _________________________________

Form EXP – 2.4.2(b)

Specific Experience in Key Activities
_____________________
JV Partner Legal Name: _________________________ Bid Reference No.: __________
Subcontractor’s Legal Name: ______________
Information
Contract Identification _______________________________________
Award date _______________________________________
Completion date _______________________________________
Role in Contract   
Contractor Management Subcontractor
Contractor
Total contract amount _________________________ NAD______
If partner in a JV or subcontractor,
specify participation of total contract __________% _____________ NAD_______
amount
Employer’s Name: _______________________________________
Address: _______________________________________
_______________________________________
Telephone/fax number: _______________________________________
E-mail: _______________________________________
Form EXP – 2.4.2 (b)(cont.)

Specific Experience in Key Activities (cont.)
Bidder’s Legal Name: ___________________________
JV Partner Legal Name: ___________________________
Subcontractor’s Legal Name: __________________________
Information
Description of the key activities in
accordance with Sub-Factor 2.4.2(b) of
Section III (Evaluation and Qualification
Criteria):
2-1
PART 2 – Employer’s Requirements

2-2
Section V - Employer’s Requirements
Table of Contents
Specifications....................................................................................................................2-3
Drawings..........................................................................................................................2-5
Supplementary Information..............................................................................................2-6
Section V – Employer’s Requirements 2-3
Specifications
[A set of precise and clear Specifications is a prerequisite for bidders to respond

realistically and competitively to the requirements of the Employer without qualifying or
conditioning their bids. In the context of international competitive bidding, the
Specifications must be drafted to permit the widest possible competition and, at the same
time, present a clear statement of the required standards of workmanship, materials, and
performance of the goods and services to be procured. Only if this is done shall the
objectives of economy, efficiency, and fairness in procurement be realized,
responsiveness of bids be ensured, and the subsequent task of Bid evaluation facilitated.
The Specifications should require that all goods and materials to be incorporated in the
Works be new, unused, of the most recent or current models, and incorporate all recent
improvements in design and materials unless provided otherwise in the Contract.
Samples of Specifications from previous similar projects in the same country are useful to
prepare Specifications. The use of metric units is encouraged by the Government of the
Republic of Namibia. Most Specifications are normally written specially by the Employer
or Project Manager to suit the Contract Works in hand. There is no standard set of
Specifications for universal application in all sectors in all countries, but there are
established principles and practices, which are reflected in these documents.
There are considerable advantages in standardizing General Specifications for repetitive
Works in recognized public sectors, such as highways, ports, railways, urban housing,
irrigation, and water supply, in the same country or region where similar conditions
prevail. The General Specifications should cover all classes of workmanship, materials,
and equipment commonly involved in construction, although not necessarily to be used in
a particular Works Contract. Deletions or addendums should then adapt the General
Specifications to apply them to the particular Works.
Care must be taken in drafting Specifications to ensure that they are not restrictive. In
the Specifications of standards for goods, materials, and workmanship, recognized
international standards should be used as much as possible. Where other particular
standards are used, whether national standards of Namibia or other standards, the
Specifications should state that goods, materials, and workmanship that meet other
authoritative standards, and which ensure substantially equal or higher quality than the
standards mentioned, shall also be acceptable. To that effect, the following sample clause
may be inserted in the Special Conditions or Specifications.
“Equivalency of Standards and Codes
Wherever reference is made in the Contract to specific standards and codes to be met by
the goods and materials to be furnished, and work performed or tested, the provisions of
the latest current edition or revision of the relevant standards and codes in effect shall
apply, unless otherwise expressly stated in the Contract. Where such standards and
codes are national, or relate to a particular country or region, other authoritative
standards that ensure a substantially equal or higher quality than the standards and
codes specified shall be accepted subject to the Project Manager’s prior review and
written consent. Differences between the standards specified and the proposed
alternative standards shall be fully described in writing by the Contractor and submitted
to the Project Manager at least 28 days prior to the date when the Contractor desires the
Project Manager’s consent. In the event the Project Manager determines that such
proposed deviations do not ensure substantially equal or higher quality, the Contractor
shall comply with the standards specified in the documents.”
These Notes for Preparing Specifications are intended only as information for the
Employer or the person drafting the bidding documents. They should not be included in
the final documents.]
Drawings
Insert here a list of Drawings. The actual Drawings, including site plans, should be
attached to this section or annexed in a separate folder.
Supplementary Information
3-1
PART 3 – Conditions of Contract and

Contract Forms
3-2
Section VI. General Conditions of Contract
These General Conditions of Contract (GCC), read in conjunction with the Special
Conditions of Contract (SCC) and other documents listed therein, should be a complete
document expressing fairly the rights and obligations of both parties.
These General Conditions of Contract have been developed on the basis of considerable
international experience in the drafting and management of contracts, bearing in mind a
trend in the construction industry towards simpler, more straightforward language.
The GCC can be used for both admeasurement contracts and lump sum contracts.
Section VI – General Conditions of Contract 3-3
Table of Clauses
A. General..........................................................................................................................5
1. Definitions................................................................................................................5
2. Interpretation............................................................................................................7
3. Language and Law...................................................................................................8
4. Project Manager’s Decisions....................................................................................8
5. Delegation................................................................................................................8
6. Communications.......................................................................................................8
7. Subcontracting..........................................................................................................8
8. Other Contractors.....................................................................................................8
9. Personnel and Equipment.........................................................................................8
10. Employer’s and Contractor’s Risks..........................................................................8
11. Employer’s Risks.....................................................................................................9
12. Contractor’s Risks....................................................................................................9
13. Insurance..................................................................................................................9
14. Site Data.................................................................................................................10
15. Contractor to Construct the Works.........................................................................10
16. The Works to Be Completed by the Intended Completion Date............................10
17. Approval by the Project Manager..........................................................................10
18. Safety11
19. Discoveries.............................................................................................................11
20. Possession of the Site.............................................................................................11
21. Access to the Site...................................................................................................11
22. Instructions.............................................................................................................11
23. Appointment of the Adjudicator.............................................................................11
24. Procedure for Disputes...........................................................................................12
B. Time Control...............................................................................................................12
25. Program..................................................................................................................12
26. Extension of the Intended Completion Date..........................................................13
27. Acceleration............................................................................................................13
28. Delays Ordered by the Project Manager................................................................13
29. Management Meetings...........................................................................................13
30. Early Warning........................................................................................................14
C. Quality Control...........................................................................................................14
31. Identifying Defects.................................................................................................14

32. Tests 14
33. Correction of Defects.............................................................................................14
34. Uncorrected Defects...............................................................................................15
D. Cost Control................................................................................................................15
35. Contract Price.........................................................................................................15

36. Changes in the Contract Price................................................................................15
37. Variations...............................................................................................................15
38. Cash Flow Forecasts...............................................................................................16
39. Payment Certificates...............................................................................................16
40. Payments................................................................................................................17
41. Compensation Events.............................................................................................18
42. Tax 19
43. Currencies...............................................................................................................19
44. Price Adjustment....................................................................................................19
45. Retention................................................................................................................20
46. Liquidated Damages...............................................................................................20
47. Bonus21
48. Advance Payment...................................................................................................21
49. Securities................................................................................................................21
50. Dayworks...............................................................................................................23
51. Cost of Repairs.......................................................................................................23
52. Labour Clause.........................................................................................................23
E. Finishing the Contract...............................................................................................24
53. Completion.............................................................................................................24
54. Taking Over............................................................................................................24
55. Final Account.........................................................................................................24
56. Operating and Maintenance Manuals.....................................................................24
57. Termination............................................................................................................25
58. Fraud and Corruption.............................................................................................25
59. Payment upon Termination....................................................................................26
60. Property..................................................................................................................27
61. Release from Performance.....................................................................................27
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 Notification of Award for the execution
and completion of the Works and the remedying of any
defects.
(b) The Activity Schedule is a schedule of the activities
comprising the construction, installation, testing, and
commissioning of the Works in a lump sum contract. It
includes a lump sum price for each activity.
(c) 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.
(d) Bill of Quantities means the priced and completed Bill of
Quantities forming part of the Bid.
(e) Compensation Events are those defined in GCC Clause 41
hereunder.
(f) The Completion Date is the date of completion of the
Works as certified by the Project Manager, in accordance
with GCC Sub-Clause 52.1.
(g) 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 Sub-Clause
2.3 below.
(h) The Contractor is the party whose Bid to carry out the
Works has been accepted by the Employer.
(i) The Contractor’s Bid is the completed bidding document
submitted by the Contractor to the Employer.
(j) The Contract Price is the Accepted Contract Amount stated
in the Notification of Award and thereafter as adjusted in
accordance with the Contract.
(k) Days are calendar days; months are calendar months unless
otherwise specified.
(l) Dayworks are varied work inputs subject to payment on a
time basis for the Contractor’s employees and
Equipment, in addition to payments for associated
Materials and Plant.
(m) A Defect is any part of the Works not completed in
accordance with the Contract.
(n) The Defects Liability Certificate is the certificate issued by

Project Manager upon correction of defects by the
Contractor.
(o) The Defects Liability Period is the period named in the
SCC pursuant to Sub-Clause 33.1 and calculated from
the Completion Date.
(p) Adjudicator means the single person appointed under
Clause 23.
(q) Drawings means the drawings of the Works, as included in
the Contract, and any additional and modified drawings
issued by (or on behalf of) the Employer in accordance
with the Contract, include calculations and other
information provided or approved by the Project Manager
for the execution of the Contract.
(r) The Employer is the party who employs the Contractor to
carry out the Works, as specified in the SCC.
(s) Equipment is the Contractor’s machinery and vehicles
brought temporarily to the Site to construct the Works.
(t) “In writing” or “written” means hand-written, type-written,
printed or electronically made, and resulting in a
permanent record;
(u) The Initial Contract Price is the Contract Price listed in the
Employer’s Notification of Award.
(v) 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 SCC.
The Intended Completion Date may be revised only by
the Project Manager by issuing an extension of time or an
acceleration order.
(w) Materials are all the supplies, including consumables, used
by the Contractor for incorporation in the Works.
(x) Plant is any integral part of the Works that shall have a
mechanical, electrical, chemical, or biological function.
(y) The Project Manager is the person named in the SCC (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.
(z) SCC means Special Conditions of Contract
(aa) The Site is the area defined as such in the SCC.
(bb) 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.
(cc) Specification means the Specification of the Works
included in the Contract and any modification or addition
made or approved by the Project Manager.
(dd) The Start Date is given in the SCC. 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.
(ee) 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.
(ff) Temporary Works are works designed, constructed,
installed, and removed by the Contractor that are needed
for construction or installation of the Works.
(gg) A Variation is an instruction given by the Project Manager
which varies the Works.
(hh) The Works are what the Contract requires the Contractor to
construct, install, and turn over to the Employer, as
defined in the SCC.
2. Interpretatio 2.1 In interpreting these GCC, words indicating one gender include all
n genders. Words indicating the singular also include the plural
and words indicating the plural also include the singular.
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 SCC, 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) Notification of Award,
(c) Contractor’s Bid,
(d) Special Conditions of Contract,
(e) General Conditions of Contract,
(f) Specifications,
(g) Drawings,
(h) Bill of Quantities,9 and
(i) any other document listed in the SCC as forming part of

the Contract.
3. Language 3.1 The language of the Contract shall be English and the laws
and Law governing the Contract are the Laws of the Republic of Namibia.
4. Project 4.1 Except where otherwise specifically stated, the Project Manager
Manager’s shall decide contractual matters between the Employer and the
Decisions Contractor in the role representing the Employer.
5. Delegation 5.1 Otherwise specified in the SCC, the Project Manager may
delegate any of his duties and responsibilities to other people,
except to the Adjudicator, after notifying the Contractor, and
may revoke any delegation after notifying the Contractor.
6. Communica- 6.1 Communications between parties that are referred to in the

tions Conditions shall be effective only when in writing. A notice
shall be effective only when it is delivered to the addresses
specified in the SCC.
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 8.1 The Contractor shall cooperate and share the Site with other
Contractors contractors, public authorities, utilities, and the Employer
between the dates given in the Schedule of Other Contractors, as
referred to in the SCC. The Contractor shall also provide
facilities and services for them as described in the Schedule. The
Employer may modify the Schedule of Other Contractors, and
shall notify the Contractor of any such modification.
9. Personnel and 9.1 The Contractor shall employ the key personnel and use the
Equipment equipment identified in 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.
9.2 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.
9
In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”
10. Employer’s 10.1 The Employer carries the risks which this Contract states are
and Employer’s risks, and the Contractor carries the risks which this
Contractor’s Contract states are Contractor’s risks.
Risks
11. Employer’s 11.1 From the Start Date until the Defects Liability Certificate has
Risks 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 country
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
Risks been issued, 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, insurance cover from the Start Date to the
end of the Defects Liability Period, in the amounts and
deductibles stated in the SCC for the following events which
are due to the Contractor’s risks:
(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.
13.2 Policies and certificates for insurance shall be delivered by the
Contractor to the Project Manager for the Project Manager’s
approval within 21 days after issue of Notification of Award. All
such insurance shall provide for compensation to be payable in
the types and proportions of currencies required to rectify the
loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and
certificates required, the Employer may effect the insurance
which the Contractor should have provided and recover the
premiums the Employer has paid from payments otherwise due
to the Contractor or, if no payment is due, the payment of the
premiums shall be a debt due.
13.4 Alterations to the terms of insurance shall not be made without
the approval of the Project Manager.
13.5 Both parties shall comply with any conditions of the insurance
policies.
13.6 The policies which are in the joint names of the Contractor and
the Employer shall contain a clause to include a waiver of
subrogation of the Contractor's rights to the insurance carrier
against the Employer.
14. Site Data 14.1 The Contractor shall be deemed to have examined any Site Data
referred to in the SCC, supplemented by any information
available to the Contractor.
15. Contractor to 15.1 The Contractor shall construct and install the Works in
Construct the accordance with the Specifications and Drawings.
Works
16. The Works to 16.1 The Contractor may commence execution of the Works on the
Be Completed Start Date and shall carry out the Works in accordance with the
by the Program submitted by the Contractor, as updated with the
Intended approval of the Project Manager, and complete them by the
Completion Intended Completion Date.
Date
17. Approval by 17.1 The Contractor shall submit Specifications and Drawings
the Project showing the proposed Temporary Works to the Project Manager,
Manager for his approval.
17.2 The Contractor shall be responsible for design of Temporary
Works.
17.3 The Project Manager’s approval shall not alter the Contractor’s
responsibility for design of the Temporary Works.
17.4 The Contractor shall obtain approval of third parties to the design
of the Temporary Works, where required.
17.5 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 20.1 The Employer shall, after receiving the Performance security, the
the Site insurance covers and the Program for the Works all as per
requirements, give possession of all parts of the Site to the
Contractor within seven days for execution of works in
accordance to the Program for the Works. If possession of a part
is not given by the date stated in the SCC or as thereafter
reviewed and agreed by the parties, 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 21.1 The Contractor shall allow the Project Manager and any person
Site 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 comply with the applicable laws where the Site
is located.
22.2 The Contractor shall permit persons appointed by the Employer
to inspect the Site and/or the accounts and records of the
Contractor and its sub-contractors relating to the performance of
the Contract, and to have such accounts and records audited by
auditors appointed by the Employer if required by the Employer.
The Contractor’s attention is drawn to Sub-Clause 57.1 which
provides, inter alia, that acts intended to materially impede the
exercise of the inspection and audit rights provided for under
Sub-Clause 22.2 constitute a prohibited practice subject to
contract termination.
23. Appointment 23.1 The Adjudicator shall be appointed jointly by the Employer and
of the the Contractor, at the time of the Employer’s issuance of the
Adjudicator Notification of Award. If, in the Notification of Award, the

Employer does not agree on the appointment of the Adjudicator,
the Employer will request the Appointing Authority designated
in the SCC, 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 designated in the SCC
at the request of either party, within 15 days of receipt of such
request.
24. Procedure for 24.1 If the Contractor believes that a decision taken by the Project
Disputes Manager was 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 15 days
of the notification of the Project Manager’s decision.
24.2 The Adjudicator shall give a decision in writing within 30 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 SCC, together with reimbursable expenses of the types
specified in the SCC, 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 30 days of the
Adjudicator’s written decision. If neither party refers the dispute
to arbitration within the above 30 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 institution named and in
the place specified in the SCC.
B. Time Control
25. Program 25.1 Within the time stated in the SCC, after the date of the
Notification of Award, 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. In the case of a lump sum contract, the activities in the
Program shall be consistent with those in the Activity Schedule.
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 SCC. If the Contractor does not submit an updated
Program within this period, the Project Manager may withhold
the amount stated in the SCC from the next payment certificate
and continue to withhold this amount until the next payment after
the date on which the overdue Program has been submitted. In
the case of a lump sum contract, the Contractor shall provide an
updated Activity Schedule within 15 days of being instructed to
by the Project Manager.
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 26.1 The Project Manager shall extend the Intended Completion Date
the Intended if a Compensation Event(as defined in GCC 41) occurs or a
Completion Variation is issued which makes it impossible for Completion to
Date 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 acceleration are accepted
by the Employer, they are incorporated in the Contract Price and
treated as a Variation.
28. Delays 28.1 The Project Manager may instruct the Contractor to delay the
Ordered by the start or progress of any activity within the Works.
Project
Manager
29. Management 29.1 Either the Project Manager or the Contractor may require the
Meetings other to attend a management meeting. The business of a

management 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
Defects notify the Contractor 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.
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 Defects before the end of the Defects Liability Period, which
begins at Completion, and is defined in the SCC. 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
Defects specified in the 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 35.1 In the case of an admeasurement contract, the Bill of Quantities
Price 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.
35.2 In the case of a lump sum contract, the Activity Schedule shall
contain the priced activities for the Works to be performed by the
Contractor. The Activity Schedule is used to prepare interim
valuation of the works on which basis the Contractor will be paid.
Any errors or inconsistencies including front loading detected in
the Activity Schedule at any time during the execution of the
project shall be resolved as directed by the Project Manager.
36. Changes in 36.1 In the case of an admeasurement contract:
the 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.
36.2 In the case of a lump sum contract, the Activity Schedule shall be
amended by the Contractor to accommodate changes of Program
or method of working made at the Contractor’s own discretion.
Prices in the Activity Schedule shall not be altered when the
Contractor makes such changes to the Activity Schedule.
37. Variations 37.1 All Variations shall be included in updated Programs, and, in the
case of a lump sum contract, also in the Activity Schedule,
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.
37.6 In the case of an admeasurement contract, 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 Sub-Clause 38.1 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, or, in the case of a lump sum contract, the
Forecasts Activity Schedule, is updated, the Contractor shall provide the
Project Manager with an updated cash flow forecast.
39. Payment 39.1 The Contractor shall submit to the Project Manager monthly
Certificates statements 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:
(a) In the case of an admeasurement contract, the value of the

quantities of work in the Bill of Quantities that have been
completed; or
(b) In the case of a lump sum contract, the value of work
executed shall comprise the value of completed activities in
the Activity Schedule.

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.
39.7 Unless otherwise specified in the SCC, Interim Payment may be

made for Plant and Material delivered on site ready for
incorporation within reasonable period of time in the permanent
works, subject to the Contractor transferring ownership to the
Employer and providing, where applicable, the right of the
transfer of ownership vested upon the Contractor by its Suppliers.
Notwithstanding the transfer of ownership the responsibility for

care and custody thereof together with the risk of loss or damage
thereto shall remain with the Contractor until taking over of the
works or part thereof in which such Plant and Materials are
incorporated and shall make good at its own cost any loss or
damage that may occur to the works or part thereof from any
cause whatsoever during such period prior to the taking over.
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 30 days of the
date of each certificate. If the Employer makes a late payment,
the Contractor shall be paid interest on the late payment in the
next payment. Interest shall be calculated from the date by which
the payment should have been made up to the date when the late
payment is made at the prevailing rate of interest at the legal rate.
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 in accordance to 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. Compensati 41.1 The following shall be Compensation Events:

on Events
(a) The Employer does not give access to a part of the Site by
the Site Possession Date pursuant to GCC Sub-Clause 20.1.
(b) The Employer modifies the Schedule of Other Contractors
in a way that affects the work of the Contractor under the
Contract.
(c) The Project Manager orders a delay or does not issue
Drawings, Specifications, or instructions required for
execution of the Works on time.
(d) The Project Manager instructs the Contractor to uncover or
to carry out additional tests upon work, which is then found
to have no Defects.
(e) The Project Manager unreasonably does not approve a
subcontract to be let.
(f) Ground conditions are substantially more adverse than
could reasonably have been assumed before issuance of the
Notification of Award from the information issued to
bidders (including the Site Investigation Reports), from
information available publicly and from a visual inspection
of the Site.
(g) The Project Manager gives an instruction for dealing with
an unforeseen condition, caused by the Employer, or
additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities, or the

Employer does not work within the dates and other
constraints stated in the Contract, and they cause delay or
extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effects on the Contractor of any of the Employer’s

Risks.
(k) The Project Manager unreasonably delays issuing a

Certificate of Completion.
(l) In situations of Force Majeure which makes the contractor’s

performance of its obligations under the Contract
impossible or so impractical as to be considered impossible
under the circumstances. Such events shall be limited to:
(a) reason of any exceptionally adverse weather

conditions as specified in BDS and
(b) reason of civil commotion, strike or lockout

affecting any of the trades employed upon the
Works or any of the trades engaged in the
preparation, manufacture or transportation of any of
the goods or materials required for the Works.
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 having given early warning or not having
cooperated with the Project Manager.
42. Tax 42.1 The Project Manager shall adjust the Contract Price if taxes,
duties, and other levies are changed between the date 30 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 Clause 44.
43. Currencies 43.1 All payments shall be made in Namibian Dollars Only.
44. Price 44.1 Prices shall be adjusted for fluctuations in the cost of inputs only
Adjustment if provided for in the SCC. If so provided, the amounts
certified in each payment certificate, before deducting for
Advance Payment, shall be adjusted by applying the respective
price adjustment factor to the payment amounts due in each
currency. A separate formula of the type indicated below applies
to each Contract currency:
Pc = Ac + Bc Imc/Ioc
where:
Pc is the adjustment factor for the portion of the Contract
Price payable in a specific currency “c.”
Ac and Bc are coefficients10 specified in the SCC,

representing the nonadjustable and adjustable portions,
respectively, of the Contract Price payable in that specific
currency “c;” and
Imc is the index prevailing at the end of the month being
invoiced and Ioc is the index prevailing 30 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 SCC 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 53.1, 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
Damages the rate per day stated in the SCC for each day that the
Completion Date is later than the Intended Completion Date.
The total amount of liquidated damages shall not exceed the
amount defined in the SCC. The Employer may deduct
liquidated damages from payments due to the Contractor.
Payment of liquidated damages shall not affect the Contractor’s
liabilities.
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
Sub-Clause 40.1.
47. Bonus 47.1 The Contractor shall be paid a Bonus calculated at the rate per
calendar day stated in the SCC for each day (less any days for
10
The sum of the two coefficients Ac and Bc should be 1 (one) in the formula for each currency.
Normally, both coefficients shall be the same in the formulae for all currencies, since coefficient A, for
the nonadjustable portion of the payments, is a very approximate figure (usually 0.15) to take account
of fixed cost elements or other nonadjustable components. The sum of the adjustments for each
currency are added to the Contract Price. [To be transferred to the User Guide]
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 48.1 The Employer shall make advance payment to the Contractor of
Payment the amounts stated in the SCC by the date stated in the SCC,
against provision by the Contractor of an Unconditional Bank
Guarantee in a form and by a bank acceptable to the Employer in
amounts equal to the advance payment. The Guarantee shall
remain effective until the advance payment has been repaid, but
the amount of the Guarantee shall be progressively reduced by
the amounts repaid by the Contractor. Interest 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 Notification of Award and
shall be issued in an amount specified in the SCC, by a bank 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 60 days from the date of issue of the
Certificate of Completion in the case of a Bank Guarantee.
50. Day works 50.1 If applicable, the Dayworks rates in the Contractor’s Bid shall be
used 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 51.1 Loss or damage to the Works or Materials to be incorporated in
Repairs 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.
52. Labour 52.1 (a) The rates of remuneration and other conditions of work of the
Clause employees of the Contractor shall not be less favourable than
those established for work of the same character in the trade
concerned-
(i) by collective agreement applying to a substantial
proportion of the workers and employers in the trade
concerned;
(ii) by arbitration awards; or
(iii) by Remuneration Regulations
(b) Where remuneration and conditions of work are not regulated
in a manner referred to at (a) above, the rates of the remuneration
and other conditions of work which are not less favourable than
the general level observed in the trade in which the contractor is
engaged by employers whose general circumstances are similar.
52.2 No Contractor shall be entitled to any payment in respect of
work performed in the execution of the contract unless he has,
together with his claim for payment, filed a certificate:
(a) stating the rates of remuneration and hours of work of the
various categories of employees employed in the execution of the
contracts;
(b) stating whether any remuneration payable in respect of work
done is due;
(c) containing such other information as the Accounting Officer
of the Public Entity administering the contract may require to
satisfy himself that the provisions under this clause have been
complied with.
52.3 Where the Accounting Officer of the Public Entity administering
the contract is satisfied that remuneration is still due to an
employee employed under this contract at the time the claim for
payment is filed under subsection 4.3, he may, unless the
remuneration is sooner paid by the Contractor, arrange for the
payment of the remuneration out of the money payable under this
contract.
52.4 Every Contractor shall display a copy of this clause of the
contract at the place at which the work required by the contract is
performed.
3-23
E. Finishing the Contract

53. Completion 53.1 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 whole of the Works is
completed.
54. Taking Over 54.1 The Employer shall take over the Site and the Works within seven
days of the Project Manager’s issuing a certificate of Completion.
55. Final Account 55.1 The Contractor shall supply the Project Manager with a detailed
account of the total amount that the Contractor considers payable
under the Contract before the end of the Defects Liability Period.
The Project Manager shall issue a Defects Liability Certificate and
certify any final payment that is due to the Contractor within 56
days of receiving the Contractor’s account if it is correct and
complete. If it is not, the Project Manager shall issue within 56
days a schedule that states the scope of the corrections or additions
that are necessary. If the Final Account is still unsatisfactory after
it has been resubmitted, the Project Manager shall decide on the
amount payable to the Contractor and issue a payment certificate.
56. Operating and 56.1 If “as built” Drawings and/or operating and maintenance manuals
Maintenance are required, the Contractor shall supply them by the dates stated
Manuals in the SCC.
56.2 If the Contractor does not supply the Drawings and/or manuals by
the dates stated in the SCC pursuant to GCC Sub-Clause 55.1, or
they do not receive the Project Manager’s approval, the Project
Manager shall withhold the amount stated in the SCC from
payments due to the Contractor.
57. Termination 57.1 The Employer or the Contractor may terminate the Contract if the
other party causes a fundamental breach of the Contract.
57.2 Fundamental breaches of Contract shall include, but shall not be

limited to, the following:
(a) the Contractor stops work for 30 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 30 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 90 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 SCC; or
(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 Clause 57.1.
57.3 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 Sub-Clause 56.2 above, the Project Manager shall
decide whether the breach is fundamental or not.
57.4 Notwithstanding the above, the Employer may terminate the

Contract for convenience.
57.5 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.
58. Fraud and 58.1 If the Employer determines that the Contractor has engaged in
Corruption corrupt, fraudulent, collusive, coercive or obstructive practices, in
competing for or in executing the Contract, then the Employer
may, after giving 15 days’ notice to the Contractor, terminate the
Contractor's employment under the Contract and expel him from
the Site, and the provisions of Clause 57 shall apply as if such
expulsion had been made under Sub-Clause 57.5 [Termination by
Employer].
58.2 Should any employee of the Contractor be determined to have
engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practice during the execution of the Works, then that employee
shall be removed in accordance with Clause 9.
58.3 For the purposes of this Sub-Clause:
(i) “corrupt practice” is the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value to
influence improperly the actions of another party;
(ii) “fraudulent practice” is 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) “collusive practice” is an arrangement between two or more

parties designed to achieve an improper purpose, including
to influence improperly the actions of another party;
(iv) “coercive practice” is 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;
(v) “obstructive practice” is
(a) deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation or
making false statements to investigators in order to
materially impede an investigation into allegations of
a corrupt, fraudulent, coercive or collusive practice;
and/or threatening, harassing or intimidating any
party to prevent it from disclosing its knowledge of
matters relevant to the investigation or from pursuing
the investigation; or
(b) acts intended to materially impede the exercise of an
inspection and audit rights provided for under Sub-
Clause 22.2.
59. Payment upon 59.1 If the Contract is terminated because of a fundamental breach of
Termination Contract by the Contractor, the Project Manager shall issue a
certificate for the value of the work done and Materials ordered
less advance payments received up to the date of the issue of the
certificate and less the percentage to apply to the value of the work
not completed, as indicated in the SCC. Additional Liquidated
Damages shall not apply. If the total amount due to the Employer
exceeds any payment due to the Contractor, the difference shall be
a debt payable to the Employer.
59.2 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.
60. Property 60.1 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.
61. Release from 61.1 If the Contract is frustrated by the outbreak of war or by any other
Performance event entirely outside the control of either the Employer or the
Contractor, the Project Manager shall certify that the Contract has
been frustrated. The Contractor shall make the Site safe and stop
work as quickly as possible after receiving this certificate and shall
be paid for all work carried out before receiving it and for any
work carried out afterwards to which a commitment was made.
3-27
Section VII. Special Conditions of Contract

[Except where otherwise indicated, all SCC should be filled in by the Employer prior to
issuance of the Bidding Documents. Schedules and reports to be provided by the
Employer should be annexed.]
These clauses should be read in conjunction with the General Conditions of

Contract
A. General
GCC 1.1 (r) The Employer is: [insert full name of Public Entity]
GCC 1.1 (v) The Intended Completion Date for the whole of the Works shall be [insert
date]
[If different dates are specified for completion of the Works by section
(“sectional completion” or milestones), these dates should be listed here]
GCC 1.1 (y) The Project Manager is [insert name, address, and name of authorized
representative].
GCC 1.1 (aa) The Site is located at [insert address of Site ] and is defined in drawings No.
[insert numbers]
GCC 1.1 (dd) The Start Date shall be [insert date- usually between 7 to 15 days after
handing over of site]
GCC 1.1 (hh) The Works consist of [insert brief summary, including relationship to other
contracts under the Project].
GCC 2.2 Sectional Completions are: [insert nature and dates, if appropriate]
GCC 2.3(i) The following documents also form part of the Contract: [list documents]
GCC 5.1 The Project manager [may or may not] delegate any of his duties and
responsibilities.
GCC 6.1 For delivery of Notices the address shall be:

The address for the Employer is:
[insert full address]
The address for the Contractor is:

[insert full address]
GCC 8.1 Schedule of other contractors: [insert Schedule of Other Contractors, if

appropriate]
Section VII – Particular Conditions of Contract 3-28
GCC 13.1 Except for the cover mentioned in (d)(i) hereunder, the other insurance
covers shall be in the joint names of the Contractor and the Employer and
the minimum insurance amounts shall be:
(a) for the Works, Plant and Materials: (for the full amount of
the works including removal of debris, professional fee etc...)
(b) for loss or damage to Equipment: (for the replacement value

of the equipment that the contractor intends to use on site until the
taking over by the Employer.
(c) for loss or damage to property (except the Works, Plant,

Materials, and Equipment) in connection with Contract for an amount
representing the value of the properties that are exposed to the action
of the contractor in the execution of the works. It will extend to the
property of the Procuring Entity as well).
(d) for personal injury or death:
(i) of the Contractor’s employees:[The Contractor shall

take an adequate insurance cover for its employees for
any claim arising in the execution of the works].
(ii) of other people: [This cover shall be for an adequate
amount for Third Party extended to the Employer and its
representatives].
(e) for loss or damage to materials on-site and for which

payment have been included in the Interim Payment
Certificate, where applicable.
The Contractor shall choose to take the insurance covers indicated above as
separate covers or a combination of the Contractor’s All Risks coupled with
the Employer’s liability and First Loss Burglary, after approval of the
Employer. All insurance covers shall be of nil or the minimum possible
deductibles at sole expense of the contractor.
GCC 14.1 Site Data are: [list Site Data]
GCC 20.1 The Site Possession Date(s) shall be: [insert location(s) and date(s)]
GCC 23.1 & Appointing Authority for the Adjudicator: [insert name of Authority].
GCC 23.2
GCC 24. In case the contract does not provide for an adjudicator and a dispute of any
kind arises between the Employer and the Contractor in connection with, or
arising out of, the contract or the execution of works or after completion of
works and whether before or after repudiation or other termination of
Contract, including any dispute as to any opinion, instruction, determination,
certificate or valuation of the Employer’s Representative, the matter in
dispute shall, in the first place, be referred in writing to the employer’s
representative, with a copy to the other party.
The Employer and the Contractor shall make every effort to resolve the
dispute amicably by direct informal negotiation. If, after thirty (30) days, the
parties have failed to resolve their dispute or difference by such mutual
consultation, then either the Public Entity or the Contractor may give notice to
the other party of its intention to refer the matter to:
1. The Review Panel
2. Courts of Namibia
GCC 24.3 Hourly rate and types of reimbursable expenses to be paid to the Adjudicator:
[insert hourly fees and reimbursable expenses].
GCC 24.4 For contracts with domestic contractor:

Any dispute or difference in respect of which a notice of intention to
commence arbitration has been given shall be finally settled by
arbitration in accordance with Namibian Laws by an Arbitrator to be
appointed by both parties to the dispute or in any case of disagreement,
by an Arbitrator to be appointed by a judge in Chambers of Namibia.
The Arbitrator fees will be borne by the losing party. Any decision of
the Arbitrator shall be final and binding to both parties”].
For contracts that are likely to be awarded to international contractors, it
is recommended that the arbitration procedure of an international
institution]
1. The Review Panel
2. Courts of Namibia
B. Time Control
GCC 25.1 The Contractor shall submit for approval a Program for the Works within 21
days from the date of the Notification of Award.
GCC 25.3 The period between Program updates is [insert number] days.
The amount to be withheld for late submission of an updated Program is
[insert amount].
C. Quality Control
GCC 33.1 The Defects Liability Period is: [insert number] days.
[The Defects Liability Period is usually limited to 12 months, but could be
less in very simple cases]
D. Cost Control
GCC 39.7 Interim Payment for Plant and Material on site [“is” or “is not “]
applicable.
[If payment for plant and material on site is applicable the Public Entity
may insert the list of items for which payment is applicable, as
appropriate.]
GCC 41.1 (l) [ Public Entity to define adverse weather conditions]
GCC 44.1 The Contract [insert “is” or “is not”] subject to price adjustment in
accordance with GCC Clause 44, and the following information regarding
coefficients [specify “does” or “does not”] apply.
The coefficients for adjustment of prices are:
(a) For currency [insert name of currency]:
(i) [insert percentage] percent non adjustable element (coefficient
A).
(ii) [insert percentage] percent adjustable element (coefficient B).
(b) For currency [insert name of currency]:
(i) [insert percentage] percent non adjustable element (coefficient
A).
(ii) [insert percentage] percent adjustable element (coefficient B).
The Index I for local currency shall be [insert index].
The Index I for the specified international currency shall be [insert index].
[These proxy indices shall be proposed by the Contractor, subject to
acceptance by the Employer]
The Index I for currencies other than the local currency and the specified
international currency shall be [insert index].
[These proxy indices shall be proposed by the Contractor, subject to
acceptance by the Employer.]
GCC 45.1 The proportion of payments retained is: [insert percentage]

[The retention amount is usually close to 5 percent and in no case exceeds
10 percent.]
GCC 46.1 The liquidated damages for the whole of the Works are [insert rate between
1 – 4% ] per week
The maximum amount of liquidated damages for the whole of the Works is
[amount based on a maximum number of weeks (5- 10% max of contract
price)].
GCC 47.1 The Bonus for the whole of the Works is [insert percentage of final
Contract Price] per day. The maximum amount of Bonus for the whole of
the Works is [insert percentage] of the final Contract Price.

[If early completion would provide benefits to the Employer, this clause
should remain; otherwise delete. The rate for Bonus is usually numerically
equal to that of the liquidated damages.]
GCC 48.1 The Advance Payments shall be: [insert amount(s)] and shall be paid to the
Contractor no later than [insert date(s)].
GCC 49.1 The Performance Security amount is [insert amount(s) denominated in the
types and proportions of the currencies in which the Contract Price is
payable, or in a freely convertible currency acceptable to the Employer]
(a) Bank Guarantee: [insert percentage or amount(s)].
[A Bank Guarantee shall be unconditional (on demand) (see Section VIII.
Security Forms). An amount of 10 to 15 percent of the Contract Price is
commonly specified for Performance Bank Guarantees.
E. Finishing the Contract

GCC 56.1 The date by which operating and maintenance manuals are required is
[insert date].
The date by which “as built” drawings are required is [insert date].
GCC 56.2 The amount to be withheld for failing to produce “as built” drawings and/or
operating and maintenance manuals by the date required in GCC 56.1 is
[insert amount].
GCC 57.2 (g) The maximum number of days is: [insert number; consistent with clause
46.1 on liquidated damages].
GCC 59.1 The percentage to apply to the value of the work not completed, representing
the Employer’s additional cost for completing the Works, is [insert
percentage].
3-32
Section VIII - Contract Forms
This Section contains forms which, once completed, will form part of the Contract. The
forms for Performance Security and Advance Payment Security, when required, shall
only be completed by the successful Bidder after contract award.
Table of Forms
Contract Agreement.............................................................................................................
Performance Security..........................................................................................................
Advance Payment Security....................................................................................................

Section VIII - Contract Forms 3-33
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.
(d) the Notification of Award

(e) the Bid
(f) the Addenda No . . . . . [insert addenda numbers if any]. . . . .
(g) the Special Conditions
(h) the General Conditions;
(i) the Specification
(j) the Drawings; and
(k) 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 Namibia on the day, month and year
indicated above.
3-34 Section VIII - Contract Forms
Signed by: Signed by:

for and on behalf of the Employer for and on behalf the Contractor
in the in the
presence of: presence of:
Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date
[This form is to be deleted if Performance Security is not applicable] APPENDIX TO

CONTRACT
PERFORMANCE SECURITY (BANK GUARANTEE)

[The bank, as requested by the successful Bidder, shall fill in this form in accordance
with the instructions indicated]
Date: [insert date (as day, month, and year) of Bid Submission]
Procurement Reference No. and title: [insert no. and title of bidding process]
Bank’s Branch or Office: [insert complete name of Guarantor]
Beneficiary: [insert complete name of Purchaser]
PERFORMANCE GUARANTEE No.: [insert Performance Guarantee number]

We have been informed that [insert complete name of Supplier] (hereinafter called
"the Supplier") has entered into Contract No. [insert number] dated [insert day and
month], [insert year] with you, for the supply of [description of goods and related
services] (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 Supplier, we hereby irrevocably undertake to pay you any sum(s)
not exceeding [insert amount(s11) in figures and words] upon receipt by us of your
first demand in writing declaring the Supplier to be in default under the Contract,
without cavil or argument, or your needing to prove or to show grounds or reasons for
your demand or the sum specified therein.
This Guarantee shall expire no later than the [insert number] day of [insert month]
[insert year],12 and any demand for payment under it must be received by us at this
office on or before that date.
..........................................Bank’s seal and authorized signature(s)....................................
11
The Bank shall insert the amount(s) specified in the SCC and denominated, as specified in the
SCC, in the currency of the Contract.
12
Dates established in accordance with Clause 18.4 of the General Conditions of Contract
(“GCC”), taking into account any warranty obligations of the Supplier under Clause 16.2 of the GCC
intended to be secured by a partial Performance Guarantee. The Purchaser should note that in the
event of an extension of the time to perform the Contract, the Purchaser would need to request an
extension of this Guarantee from the Bank. Such request must be in writing and must be made prior to
the expiration date established in the Guarantee. In preparing this Guarantee, the Purchaser might
consider adding the following text to the Form, at the end of the penultimate paragraph: “We agree to
a one-time extension of this Guarantee for a period not to exceed [six months] [one year], in response
to the Purchaser’s written request for such extension, such request to be presented to us before the
expiry of the Guarantee.”
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] 1. . . . . . (. . . . . [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 . . . . . . . , . . . . . 2, 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)]. . . . . . . . . . . . . .
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 shall insert an amount representing the amount of the advance payment denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Employer.
2 Insert the expected expiration date of the Time for Completion. The Employer should note that in the
event of an extension of the time for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to
the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the
Employer’s written request for such extension, such request to be presented to the Guarantor before the
expiry of the guarantee.
Invitation for Bids (IFB)

(for open advertised bidding, to be customized as appropriate)
Republic of Namibia
[ insert: name of Project ]
[ insert: IFB Title ]
[ insert: IFB Number ]
1. Bids are invited through Open Advertised Bidding (OAB) procedures for [Insert
brief description of works] and the invitation is open to all Namibian bidders.
2. Interested eligible bidders may obtain further information from [insert name of
entity; insert name and e-mail of officer in charge] and inspect the Bidding Documents at
the address given below [state address at end of this IFB] from [insert office hours].
3. Qualifications requirements include: [insert a list of technical, financial, legal and
other requirements]. A margin of preference for certain goods manufactured domestically
[insert “shall” or “shall not”, as appropriate] be applied. Additional details are provided
in the Bidding Documents.
4. A complete set of Bidding Documents in [insert name of language] may be
purchased by interested bidders on the submission of a written application to the address
below [state address at the end of this ITB] and upon payment of a non-refundable fee
[insert amount in local currency]. The method of payment will be [insert method of
payment]. The Bidding Documents will be sent by [insert delivery procedure].
5. Bids must be delivered to [state address at the end of this ITB] at or before [insert
time and date]. Electronic bidding will [will not] be permitted. Late bids will be rejected.
Bids will be opened in the presence of the bidders’ representatives who choose to attend in
person or on-line at [state address at end of this ITB] at [insert time and date]. All bids
must be accompanied by a [insert “Bid Security” or “Bid-Securing Declaration,” as
appropriate] of [insert amount in local currency or minimum percentage of bid price in
case of a Bid Security].
6. The address(es) referred to above is(are): [insert detailed address(es) including
Name of the Implementing Agency, Office designation (room number), name of Officer,
Street address, City, Country; insert electronic address if electronic bidding is
permitted ].
__________________________

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Procurement Policy Unit

(Established under section 6 of the Public Procurement Act, 2015)

Ref: W/OAB/ID – X/20X

STANDARD BIDDING DOCUMENTS

OPEN ADVERTISED BIDDING

|Tel: +264 61 209 2463 |Fax: +264 61 230 179

5. 20X – Procurement year

Procurement Reference No: W/OAB/ID – X/20X

Project: [insert name of Project, if applicable]

Those wishing to submit comments or suggestions on the Bidding Documents or to obtain

SBD for Procurement of Works

PART 1 – BIDDING PROCEDURES

Section I. Instructions to Bidders (ITB)

PART 2 – EMPLOYER’S REQUIREMENTS

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

PART 1 – Bidding Procedures..........................................................................................1

Section 1 - Instructions to Bidders....................................................................................2

PART 2 – Employer’s Requirements...............................................................................1

Section V - Employer’s Requirements..............................................................................2

PART 3 – Conditions of Contract and Contract Forms.................................................1

Section VI. General Conditions of Contract.....................................................................2

PART 1 – Bidding Procedures

Section 1 - Instructions to Bidders

B. Contents of Bidding Document.............................................................................8

7. Sections of Bidding Document................................................................................8

10. Cost of Bidding......................................................................................................10

D. Submission and Opening of Bids........................................................................15

22. Sealing and Marking of Bids.................................................................................15

E. Evaluation and Comparison of Bids..................................................................18

31. Nonconformities, Errors, and Omissions...............................................................19

39. Award Criteria.......................................................................................................22

Section I - Instructions to Bidders

4. Fraud and 5. It is the policy of the Government of the Republic of Namibia to

and execution of contracts. 1 In pursuance of this policy, the

provided for under sub-clause 4.2 below.

6. In further pursuance of this policy, Bidders shall permit the

7.2 The Employer commits itself to take all measures necessary to

Links for checking the ineligibility lists are available on the

PPU’s website: www.mof.gov.na/procurement-policy-unit

13. Government-owned enterprises in the Republic of Namibia

B. Contents of Bidding Document

PART 3 Conditions of Contract and Contract Forms

26. Documents 26.1 The Bid shall comprise the following:

35.3 Unconditional discounts, if any, and the methodology for their

validity period, the Employer may request Bidders to extend the

(a) if a Bidder withdraws its bid during the period of bid

D. Submission and Opening of Bids

(b) Bidders submitting bids electronically shall follow the

51.1 Bids requested to be withdrawn in accordance with ITB 25.1

signature on the record shall not invalidate the contents and

E. Evaluation and Comparison of Bids

59.2 A substantially responsive bid is one that meets the requirements

the Letter of Bid, is specified in Section III (Evaluation and

Award shall, for contract amount above the prescribed threshold of N$ 2 M,

(i) name of the successful Bidder, and the Price it offered, as

(ii) an executive summary of the Bid Evaluation Report.

Bid. If, in the Notification of Award, the Employer does not

Section II – Bid Data Sheet (BDS)

a) The Bidder shall subscribe to a Bid Securing Declaration by signing

(a)No written evidence is required.

Dated on day of , _