REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE

MINISTRY OF FINANCE
National Procurement Commission

BIDDING DOCUMENTS

NEW CONSTRUCTION OF WALL

PROTECTION TOWER NO.15, SECTION
MALIANA-SUAI MUNICIPALITY OF
BOBONARO, TIMOR-LESTE

NCB/027/MOP-2020

August 2020
Section I: Instruction to Bidders

PART I

BIDDING PROCEDURE

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Section I: Instruction to Bidders

SECTION 1 - INSTRUCTIONS TO BIDDERS

Table of Clauses

A. General ........................................................................................................................... 3
1.
Scope of Bid ............................................................................................................. 3
2.
Source of Funds ........................................................................................................ 3
3.
Fraud and Corruption................................................................................................. 4
4.
Eligible Bidders ......................................................................................................... 5
B. Contents of Bidding Documents.................................................................................... 5
5. Sections of Bidding Documents ................................................................................. 5
6. Clarification of Bidding Documents........................................................................... 6
7. Pre-Bid Meeting and Site Visit .................................................................................. 6
8. Amendment of Bidding Documents ........................................................................... 6
C. Preparation of Bids ........................................................................................................ 7
9. Cost of Bidding ........................................................................................................ 7
10. Language of Bid ........................................................................................................ 7
11. Documents Comprising the Bid ................................................................................. 7
12. Letters of Bid and Schedules ..................................................................................... 8
13. Alternative Bids......................................................................................................... 8
14. Bid Prices ................................................................................................................. 8
15. Currencies of Bid and Payment.................................................................................. 8
16. Documents Comprising the Technical Proposal ......................................................... 8
17. Period of Validity of Bids ......................................................................................... 10
18. Bid Security .............................................................................................................. 10
19. Format and Signing of Bid ......................................................................................... 11
D. Submission and Opening of Bids .................................................................................. 11
20. Sealing and Marking of Bids...................................................................................... 11
21. Deadline for Submission of Bids................................................................................ 12
22. Late Bids ................................................................................................................... 12
23. Opening of Technical Bids ....................................................................................... 12
24. Opening of Price Bids ............................................................................................... 12
E. Evaluation and Comparison of Bids.......................................................................................................................................................... 13
25. Process to be Confidential ................................................................................................................................................................................... 13
26. Clarification of Bids ...................................................................................................................................................................................................... 13
27. Preliminary Examination of Technical Bids ............................................................................................................................... 14
28. Responsiveness of Technical Bid ............................................................................................................................................................... 14
29. Evaluation of Price Bids .......................................................................................................................................................................................... 14
30. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids .................................................. 15
F. Award of Contract………………………………………….…………..………………..15
31. Award Criteria ....................................................................................................................................................................................................................... 15
32. Notification of Award ................................................................................................................................................................................................. 15
33. Signing of Contract ....................................................................................................................................................................................................... 15
34. Performance Security .................................................................................................................................................................................................. 15

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Section I: Instruction to Bidders

INSTRUCTION TO BIDDER

A. GENERAL

1. Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid Data
Sheet (BDS), the Employer, as indicated in the BDS, issues these
Bidding Documents for the procurement of Works as specified in
Section 5 (Works Requirements). The name and identification
number of this tender package are provided in the BDS.
1.2 Throughout these Bidding Documents:
(a) the term “in writing” means communicated in written form and
delivered against receipt;
(b) except where the context requires otherwise, words indicating
the singular also include the plural and words indicating the
plural also include the singular;
(c) bid” shall also mean “tender” and “bidder” shall also mean
“tenderer”; and
(d) “day” means calendar day.

2. Source of Funds 2.1 The Employer has allocated funds from its current budget year
appropriations toward the cost of the project named in the BDS. The
Employer intends to apply a portion of the funds to eligible
payments under the contract(s) for which these Bidding Documents
is issued.

3. 3. Fraud and 3.1 The Employer requires bidders, suppliers, and contractors to
Corruption observe the highest standard of ethics during the procurement and
execution of contracts. In pursuance of this policy, the Employer:

(a) defines, for the purposes of this provision, the terms set forth
below:
(i) “corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, anything of value to
influence improperly the actions of another party;

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

a misrepresentation, that knowingly or recklessly misleads,
or attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation;

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

threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly
the actions of a party;

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Section I: Instruction to Bidders

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

more parties designed to achieve an improper purpose,
including influencing improperly the actions of another
party.

(b) will reject a Bid for award if it determines that the Bidder
recommended for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, or coercive practices
in competing for the Contract; and

(c) will sanction a party or its successor, including declaring

ineligible, either indefinitely or for a stated period of time, to
participate in projects funded by the Employer, if it at any time
determines that the firm has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, or coercive practices
in competing for, or in executing, a contract; and

(d) will have the right to inspect the bidder’s accounts and records and
other documents relating to the Bid submission and contract
performance and to have them audited by auditors
appointed by the Employer.

4. Eligible Bidders 4.1 Only those contractors licensed and domiciled in the national
territory of the Democratic Republic of Timor-Leste are eligible to
participate in this bidding.
4.2 A Bidder may be a natural person or a private entity or a
combination of them with a formal intent to enter into an agreement
or under an existing agreement in the form of a Joint Venture (JV).
In the case of a JV:
(a) all partners shall be jointly and severally liable, and
(b) the JV shall nominate a Representative who shall have the
authority to conduct all business for and on behalf of any and all
the parties of the JV during the bidding process and, in the event
the JV is awarded the Contract, during contract execution.

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

which a party has interests that could improperly influence that
party’s performance of official duties or responsibilities, contractual
obligations, or compliance with applicable laws and regulations.
The Employer will take appropriate actions if it determines that a
conflict of interest has flawed the integrity of the procurement
process. Consequently all Bidders found to have a conflict of
interest shall be disqualified. A Bidder may be considered to be in a
conflict of interest with one or more parties in this bidding process
if, including but not limited to:
(a) they have controlling shareholders in common; or
(b) they receive or have received any direct or indirect subsidy from

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Section I: Instruction to Bidders

any of them; or
(c) they have the same legal representative for purposes of this bid;
or
(d) they have a relationship with each other, directly or through
common third parties, that puts them in a position to have
access to information about or influence on the Bid of another
Bidder, or influence the decisions of the Employer regarding
this bidding process; or
(e) a Bidder participates in more than one bid in this bidding
process. Participation by a Bidder in more than one Bid will
result in the disqualification of all Bids in which the party is
involved. However, this does not limit the inclusion of the
same subcontractor in more than one bid; or
(f) a Bidder participated as a consultant in the preparation of the
design or technical specifications of the contract that is the
subject of the Bid; or
(g) a Bidder was affiliated with a firm or entity that has been hired
(or is proposed to be hired) by the Employer as Engineer for the
contract.

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

accordance with ITB 3, at the date of the deadline for bid
submission or thereafter, shall be disqualified.
4.5 Bidders shall provide such evidence of their continued eligibility
satisfactory to the Employer, as the Employer shall reasonably
request.

B. CONTENTS OF BIDDING DOCUMENTS

5. Sections of 5.1 The Bidding Documents consist of Parts I, II, and III, which include
Bidding all the Sections indicated below, and should be read in conjunction
Documents with any Addenda issued in accordance with ITB 8.

PART I Bidding Procedures

Section 1 - Instructions to Bidders (ITB)

Section 2 - Bid Data Sheet (BDS)
Section 3 – Bid Evaluation Procedure (BEP) Section
Section 4 - Bidding Forms (BDF)

PART II Requirements

Section 5 - Works Requirements (WR)

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Section I: Instruction to Bidders

PART III Conditions of Contract and Contract Forms

Section 6 - General Conditions (GCC)

Section 7 - Particular Conditions (PCC)
Section 8 - Contract Forms (COF)
Section 9 – Appendix to Tender

5.2 The Invitation for Bids issued by the Employer is not part of the
Bidding Documents.
5.3 The Employer is not responsible for the completeness of the
Bidding Documents and its Addenda, if they were not obtained
directly from the source stated by the Employer in the Invitation for
Bids.
5.4 The Bidder is expected to examine all instructions, forms, terms,
and specifications in the Bidding Documents. Failure to furnish all
information or documentation required by the Bidding Documents
may result in the rejection of the bid.

6. Clarification of 6.1 A prospective Bidder requiring any clarification of the Bidding

Bidding Documents shall contact the Employer in writing at the Employer’s
Documents, Site address indicated in the BDS or raise his inquiries during the pre-
Visit, Pre-Bid bid meeting if provided for in accordance with ITB 7.1. The
Meeting Employer will respond in writing to any request for clarification,
provided that such request is received no later than the number of
days prior to the deadline for submission of bids, as specified in the
BDS. The Employer shall forward copies of its response to all
Bidders who have acquired the Bidding Documents in accordance
with ITB 5.3, including a description of the inquiry but without
identifying its source.

7. Pre-Bid Meeting , 7.1 Unless otherwise specified in the BDS, the Bidder is required to
Site Visit attend the Pre-Bid Meeting as specified in the BDS.

7.2 The Bidder is advised to visit and examine the Site of Works and its
surroundings and obtain for itself on its own responsibility all
information that may be necessary for preparing the bid and
entering into a contract for construction of the Works. The costs of
visiting the Site shall be at the Bidder’s own expense.

8. Amendment of 8.1 At any time prior to the deadline for submission of bids, the
Bidding Employer may amend the Bidding Documents by issuing addenda.
Documents
8.2 Any addendum issued shall be part of the Bidding Documents and
shall be communicated in writing to all who have obtained the
Bidding Documents from the Employer in accordance with ITB
5.3.

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Section I: Instruction to Bidders

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

addendum into account in preparing their bids, the Employer may,
at its discretion, extend the deadline for the submission of bids,
pursuant to ITB 21.2.

C. PREPARATION OF BIDS

9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall not be responsible or
liable for those costs, regardless of the conduct or outcome of the
bidding process.

10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the
bid exchanged by the Bidder and the Employer, shall be written in
the language specified in the BDS. Supporting documents and
printed literature that are part of the Bid may be in another
language provided they are accompanied by an accurate translation
of the relevant passages in the language specified in the BDS, in
which case, for purposes of interpretation of the Bid, such
translation shall govern.

11. Documents 11.1 The Bid shall comprise two envelopes submitted simultaneously,
Comprising the one called the Technical Bid containing the documents listed in ITB
Bid 11.2 and the other the Price Bid containing the documents listed in
ITB 11.3, both envelopes enclosed together in an outer single
envelope.

11.2 The Technical Bid shall comprise the following:

(a) Letter of Technical Bid;
(b) alternative bids, if permissible, in accordance with ITB 13;
(c) Bid Security or Bid Securing Declaration, in accordance with
ITB 18;
(d) written confirmation authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB 19.2;
(e) documentary evidence in accordance with ITB 17 establishing
the Bidder’s qualifications to perform the contract
(f) Technical Proposal in accordance with ITB 16; and
(g) Any other document required in the BDS.

11.3 The Price Bid shall comprise the following:

(a) Letter of Price Bid;
(b) completed Price Schedules, in accordance with ITB 12 and 14;
(c) alternative price bids, at Bidder’s option and if permissible, in
accordance with ITB 13;
(d) Any other document required in the BDS.

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Section I: Instruction to Bidders

11.4 In addition to the requirements under ITB 11.2, bids submitted by a

JV shall include a copy of the Joint Venture Agreement entered into
by all partners. Alternatively, a Letter of Intent to execute a Joint
Venture Agreement in the event of a successful bid shall be signed
by all partners and submitted with the bid, together with a copy of
the proposed agreement.

12. Letters of Bid, 12.1 The Letters of Technical Bid and Price Bid, and the Schedules, and
and Schedules all documents listed under ITB 11, shall be prepared using the
relevant forms furnished in Section 4 (Bidding Forms). The forms
must be completed without any alterations to the text, and no
substitutes shall be accepted. All blank spaces shall be filled in with
the information requested.

13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative bids shall not be
considered.

14. Bid Prices 14.1 The prices quoted by the Bidder in the Letter of Price Bid and in the
Bill of Quantities shall conform to the requirements specified
below.
14.2 The Bidder shall fill in rates and prices for all items of the Works
described in the Bill of Quantities. Items for which no rate or price
is entered by the Bidder will not be paid for by the Employer when
executed and its cost shall be deemed covered by the other rates and
prices in the Bill of Quantities.
14.3 The price to be quoted in the Letter of Price Bid, in accordance with
ITB 12.1, shall be the total price of the Bid.
14.4 Unless otherwise provided in the BDS and the Contract, the rates
and prices quoted by the Bidder are fixed and not subject to
adjustment during the performance of the Contract.
14.5 All duties, taxes, and other levies payable by the Contractor under
the Contract, or for any other cause, as in force at the date 10
working days prior to the deadline for submission of bids, shall be
included in the rates and prices and the total Bid Price submitted by
the Bidder.
15. Currencies of Bid 15.1 The unit rates and the prices shall be quoted by the bidder entirely
and Payment in the currency specified in the BDS.

16. Documents 16.1 The documents comprising the Technical Bid shall contain all
Comprising the information required to establish the Bidder’s technical and
Technical financial capabilities to successfully implement the works. In
Proposal preparing the technical proposal documents, the Bidder should
refer to Section 3 (Evaluation Criteria) and the information sheets
included in Section 4 (Bidding Forms).

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Section I: Instruction to Bidders

16.2 The following documents shall comprise the Technical Bid:

(a) Bidder Information Sheet

The Bidder shall fill-in the form and provides the basic
information and documentation required to prove the Bidder’s
legal status.

(b) Evidence of Company experience in work of a similar

nature

The Bidder shall provide a list of previous experience stating

the job title and dates along with a description of the works
which are similar to the required works in this tender.

(c) Personnel

The Bidder shall list the key personnel it will employ from
headquarters and from Site office to superintend the works,
together with their qualifications, experience and position held.
All relevant curricula vitae shall be attached.

(d) Methodology for performing the work

The Bidder must provide a work method statement

encompassing the requirements of the Works under this tender.

(e) Key equipment for performing the work

The Bidder must provide a list of critical equipment proposed

to perform the work and in particular the specifications of the
key equipment.

Bidder shall also provide information such as to demonstrate

the availability and the specific timeline for the mobilization of
such equipment proposed.

Bidder shall also provide documentary proof of ownership of

the equipment or lease agreement as applicable.

(f) Proposed Works Completion Schedule

Bidders must submit a works schedule detailing the critical
work items and providing a clear timeline for completing the
works.

(g) Financial Information

The Bidder shall provide documents such as to demonstrate

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Section I: Instruction to Bidders

access to, or availability of financial resources such as liquid

assets, bank deposits, lines of credit or other financial means,
to meet the project cash flow requirements.

(h) Local Development Statement

The Bidder shall provide a statement that outlines its plan to

contribute to local development through job creation for
Timorese citizens and Bidder sponsored
monitoring/coaching/training for professional or vocational
skill transfer.

17. Period of Validity 17.1 Bids shall remain valid for the period specified in the BDS after the
of Bids bid submission deadline date prescribed by the Employer. A bid
valid for a shorter period shall be rejected by the Employer as
nonresponsive.
17.2 In exceptional circumstances, the Employer may request that the
bidders extend the period of validity for a specified additional
period. The request and the bidders’ responses shall be made in
writing or by cable. A Bidder may refuse the request without
forfeiting the Bid Security. A Bidder agreeing to the request will not
be required or permitted to otherwise modify the Bid, but will be
required to extend the validity of Bid Security for the period of the
extension, and in compliance with Clause 18 in all respects.

18. Bid Security 18.1 The Bidder shall furnish as part of its bid, a Bid Security in the form
as specified in the BDS
18.2 The Bid Security shall use the form included in Section 4 (Bidding
Forms)
18.3 Any Bid not accompanied by a substantially compliant Bid Security
shall be rejected by the Employer as nonresponsive.
18.4 The Bid Security shall be executed:

(a) if a Bidder withdraws its bid during the period of bid validity
specified by the Bidder on the Letters of Bid, except as provided
in ITB 17.2 or

(b) if the successful Bidder fails to:

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

(ii) furnish a performance security in accordance with ITB 34;
or
(iii) refuses to accept corrections of arithmetic errors pursuant to
ITB 29

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Section I: Instruction to Bidders

18.5 The Bid Security of a JV shall be in the name of the JV that submits
the Bid. If the JV has not been legally constituted at the time of
bidding, the Bid Security shall be in the names of all future partners
as named in the letter of intent mentioned in ITB 4.2.

19. Format and 19.1 The Bidder shall prepare one original of the Technical Bid and one
Signing of Bid original of the Price Bid comprising the Bid as described in ITB 11
and clearly mark it “ORIGINAL - TECHNICAL BID” and
“ORIGINAL - PRICE BID”. Alternative bids, if permitted in
accordance with ITB 13, shall be clearly marked
“ALTERNATIVE”. In addition, the Bidder shall submit copies of
the Technical and Price Bids, in the number specified in the BDS,
and clearly mark each of them “COPY.” In the event of any
discrepancy between the original and the copies, the original shall
prevail.
19.2 The original and all copies of the Bid shall be typed or written in
indelible ink and shall be signed by a person duly authorized to sign on
behalf of the Bidder. This authorization shall consist of a written
confirmation as specified in the BDS and shall be attached to the
bid. The name and position held by each person signing the
authorization must be typed or printed below the signature. All
pages of the Bid, except for unamended printed literature, shall be
signed or initialed by the person signing the bid.

19.3 Any interlineations, erasures, or overwriting shall be valid only if

they are signed or initialed by the person signing the Bid

D. SUBMISSION AND OPENING OF BIDS

20. Sealing and 20.1 The Bidder shall enclose the original of the Technical Bid, the
Marking of Bids original of the Price Bid, and each copy of the Technical Bid and
each copy of the Price Bid, in separate sealed envelopes, duly
marking the envelopes as “ORIGINAL - TECHNICAL BID”,
“ORIGINAL - PRICE BID” and “COPY NO… - TECHNICAL
BID” and “COPY NO…. - PRICE BID.” These envelopes, the first
containing the originals and the others containing copies, shall then
be enclosed in one single envelope per set. If permitted in
accordance with ITB 13, alternative bids shall be similarly sealed,
marked and included in the sets.

20.2 The inner and outer envelopes shall:

(a) bear the name and address of the Bidder;
(b) be address tot eh Employer in accordance with BDS 22.1; and
(c) bear the specific identification of this bidding process indicated
in the BDS 1.1.

20.3 If all envelopes are not sealed and marked as required, the
Employer will assume no responsibility for the misplacement or

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Section I: Instruction to Bidders

premature opening of the bid.

21. Deadline for 21.1 Bids must be received by the Employer at the address and no later
Submission of than the date and time indicated in the BDS. When so specified in
Bids the BDS, Bidders shall have the option of submitting their Bids
electronically. Bidders submitting bids electronically shall follow
the electronic bid submission procedures specified in the BDS.

21.2 The Employer may, at its discretion, extend the deadline for the
submission of bids by amending the Bidding Documents in
accordance with ITB 8, 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.

22. Late Bids 22.1 The Employer shall not consider any bid that arrives after the
deadline for submission of bids, in accordance with ITB 21. Any
bid received by the Employer after the deadline for submission of
bids shall be declared late, rejected, and returned unopened to the
Bidder.

23. Opening of 23.1 The Employer shall open the Technical Bids in public at the
Technical Bids address, date and time specified in the BDS in the presence of
Bidders` designated representatives and anyone who choose to
attend. The Price Bids will remain unopened and will be held in
custody of the Employer until the specified time of their opening.
23.2 The envelopes holding the Technical Bids shall be opened one at a
time, and the following read out and recorded:
(a) the name of the Bidder;
(b) the presence of a Bid Security, if required; and
(c) any other details as the Employer may consider appropriate.
Only Technical Bids read out and recorded at bid opening shall be
considered for evaluation. No Bid shall be rejected at the opening of
Technical Bids except for late bids, in accordance with ITB Sub-
Clause 22.1.
23.3 The Employer shall prepare a record of the opening of Technical
Bids that shall include, as a minimum: the name of the Bidder and
whether there is a withdrawal, substitution, or modification;
alternative proposals; and the presence or absence of a bid security,
if one was required. The Bidders’ representatives who are present
shall be requested to sign the record. The omission of a Bidder’s
signature on the record shall not invalidate the contents and effect of
the record. A copy of the record shall be distributed to all Bidders.

24. Opening of Price 24.1 At the end of the evaluation of the Technical Bids, the Employer
Bids will invite only the bidders with top two technical scores to attend
the opening of the Price Bids. The date, time, and location of the
opening of Price Bids will be advised in writing by the Employer.

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Section I: Instruction to Bidders

24.2 In accordance with the applicable law, the Employer shall open the
Price Bids of only the Bidders with the top two technical scores
based on the result of the Technical Evaluation conducted in
accordance with ITB-27.
24.3 The Employer will notify, in writing, Bidders who are not in top
two technical scores list, and return their Price Bids unopened after
announcement (Notification of Award) of the successful bidder..
24.4 The Employer shall conduct the opening of Price Bids in the
presence of Bidders’ representatives who choose to attend at the
address, date and time specified by the Employer. The Bidder’s
representatives who are present shall be requested to sign a register
evidencing their attendance.
24.5 The Employer shall prepare a record of the opening of Price Bids
that shall include, as a minimum: the name of the Bidder, the Bid
Price (per lot if applicable), any discounts, and alternative offers.
The Bidders’ representatives who are present shall be requested to
sign the record. The omission of a Bidder’s signature on the record
shall not invalidate the contents and effect of the record. A copy of
the record shall be distributed to all Bidders.
E. EVALUATION AND COMPARISON OF BIDS

25. Process to be 25.1 Information relating to the examination, clarification, evaluation

Confidential and comparison of bids and recommendations for the award of the
contract shall not be disclosed to Bidders or any other persons not
officially concerned with such process until the award to the
successful Bidder has been announced. Any effort by a Bidder to
influence the Employer’s processing of bids or award decisions may
result in the rejection of his Bid.

25.2 Notwithstanding ITB 25.1, from the time of bid opening to the time
of Contract award, if any Bidder wishes to contact the Employer on
any matter related to the bidding process, it may do so in writing.

26. Clarification of 26.1 To assist in the examination, evaluation, and comparison of the
Bids Technical and Price Bids, the Employer may, at its discretion, ask
any Bidder for a clarification of its bid. Any clarification submitted
by a Bidder that is not in response to a request by the Employer
shall not be considered. The Employer’s request for clarification
and the response shall be in writing. No change in the substance of
the Technical Bid or prices in the Price Bid shall be sought, offered,
or permitted, except to confirm the correction of arithmetic errors
discovered by the Employer in the evaluation of the Price Bids, in
accordance with ITB 29.
26.2 If a Bidder does not provide clarifications of its Bid by the date and
time set in the Employer’s request for clarification, its bid may be
rejected.

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Section I: Instruction to Bidders

27. Preliminary 27.1 The Employer shall examine the Technical Bid to confirm that all
Examination documents and technical documentation requested in ITB Sub-
of Technical Bids Clause 11.2 have been provided, and to determine the completeness
of each document submitted.
27.2 The Employer shall confirm that the following documents and
information have been provided in the Technical Bid. If any of
these documents or information is missing, the bid shall be rejected.
(a) Letter of Technical Bid;
(b) written confirmation of authorization to commit the Bidder;
(c) Bid Securing Declaration and
(d) Technical Proposal in accordance with Evaluation and
Qualification Criteria in Section 3

28. Determination of 28.1 The Employer’s determination of a Bid’s responsiveness is to be

Responsiveness of based on the contents of the bid itself, as defined in ITB11 and
Technical Bid evaluated in accordance with the procedure specified under Section
3 – Bid Evaluation Procedure.

29. Evaluation of 29.1 The evaluation scoring for price bids shall be conducted in
Price Bids accordance with the procedure specified under Section 3 – Bid
Evaluation Procedure.

29.2 In the evaluation of Price Bids, the Employer shall correct

arithmetical errors on the following basis:

a) if there is a discrepancy between the unit price and the total

price that is obtained by multiplying the unit price and quantity,
the unit price shall prevail and the total price shall be corrected,
unless in the opinion of the Employer there is an obvious
misplacement of the decimal point in the unit price, in which
case the total price as quoted shall govern and the unit price
shall be corrected;
b) if there is an error in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the total
shall be corrected; and
(c) if there is a discrepancy between words and figures, the amount
in words shall prevail, unless the amount expressed in words is
related to an arithmetic error, in which case the amount in
figures shall prevail subject to (a) and (b) above.
(d) In the Correction of Arithmetical Errors, if the bidder’s change
the quantity of BOQ as submitted in the bidding form, the
employer has right to change to original quantity in the BOQ,
the unit price shall prevail and the total price shall be corrected.

29.3 If the Bidder who submitted the highest combined evaluated bid
does not accept the correction of errors, its Bid shall be disqualified

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Section I: Instruction to Bidders

and its bid security may be forfeited.

29.4 If the Evaluated Price Bid is seriously unbalanced or front loaded in
the opinion of the Employer, the Employer may require the Bidder
to produce detailed price analyses for any or all items of the Bill of
Quantities, to demonstrate the internal consistency of those process
with the work methods and schedule proposed. After evaluation of
the price analyses, taking into consideration the schedule of
estimated Contract payments, the Employer may require that the
amount of the performance security be increased at the expense of
the Bidder to a level sufficient to protect the Employer against
financial loss in the event of default of the successful Bidder under
the Contract.

30. Employer’s Right 30.1 The Employer reserves the right to accept or reject any bid, and to
to Accept Any annul the bidding process and reject all bids at any time prior to
Bid, and to Reject contract award, without thereby incurring any liability to Bidders.
Any or All Bids In case of annulment, all bids submitted and specifically, bid
securities, shall be promptly returned to the Bidders.

D. Award of Contract

31. Award Criteria 31.1 The Employer shall award the contract to the Bidder with the
highest combined score evaluated in accordance with the procedure
specified under Section 3 – Bid Evaluation Procedure, provided
further that the Bidder has remained qualified to perform the
Contract satisfactorily.

32. Notification of 32.1 Prior to the expiration of the period of bid validity, the Employer
Award shall notify the successful Bidder, in writing, via the Letter of
Acceptance included in the Contract Forms, that its bid has been
accepted.
32.2 Until a formal contract is prepared and executed, the notification of
award shall constitute a binding Contract
32.3 At the same time, the Employer will notify all other Bidders in
writing and return their Price Bids unopened.
32.4 After publication of the award, unsuccessful bidders may request in
writing to the Employer for a debriefing seeking explanations on
the grounds on which their bids were not selected. The Employer
shall promptly respond in writing to any unsuccessful Bidder who,
after publication of contract award, requests a debriefing.

33. Signing of 33.1 Promptly after notification, the Employer shall send the successful
Contract Bidder the Contract Agreement.

33.2 Within seven (7) days of receipt of the Contract Agreement, the
successful bidder shall sign, date, and return it to the Employer.

34. Performance 34.1 Within seven (7) days of the receipt of notification of award from
the Employer, the successful Bidder shall furnish the performance
15
Section I: Instruction to Bidders

Security security in accordance with the conditions of contract, subject to

ITB 29.4, using for that purpose the Performance Security Form
included in Section 7 (Contract Forms), or another form acceptable
to the Employer.

34.2 Failure of the successful Bidder to submit the above-mentioned

Performance Security or to sign the Contract Agreement shall
constitute sufficient grounds for the annulment of the award and
execution by the Employer of the Bid Security. In that event the
Employer may award the Contract to the next highest evaluated
ranked Bidder whose offer is substantially responsive and is
determined by the Employer to be qualified to perform the Contract
satisfactorily.

16
Section 2: Bid Data Sheet

SECTION 2 - BID DATA SHEET (BDS)

Bid Data Sheet

This section consists of provisions that are specific to each procurement and supplement the
information or requirements included in Section 1 - Instructions to Bidders.

A. Introduction
ITB 1.1 The Employer is: Electricidade de Timor-Leste (EDTL) under Ministry of
Public Works on Behalf of the Government of the Democratic Republic of
Timor-Leste

ITB 1.1 The Project Name is: NEW CONSTRUCTION OF WALL PROTECTION
TOWER NO.15, SECTION MALIANA-SUAI MUNICIPALITY OF
BOBONARO, TIMOR-LESTE

The identification number of this tender is: NCB/027/MOP-2020

The number and identification of lots comprising this tender are: N/A
ITB 2.1 The Employer has allocated funds from its current budget year appropriations
from Infra Structure Fund

B. Bidding Documents
The written confirmation of authorization to sign on behalf of the Bidder shall
ITB 4.2.2 consist of:
(a) Special Power of Attorney or Certified Authorization under oath for
Single Proprietorship.
(b) Board Resolution or Secretary’s Certificate, for Corporation
A Joint Venture shall include an undertaking signed by all parties (i) stating that
all parties shall be jointly and severally liable, and (ii) nominating a
Representative who shall have authority to conduct all business for and on behalf
of any and all the parties of the Joint Venture during the bidding process and, in
the event the Joint Venture is awarded the Contract, during contract execution.

ITB 6.1 For clarification purposes only, the Employer’s address is:
[email protected]
National Procurement Commission
Avenida de Balide, Dili, Timor-Leste
Tel.: +670 333-1101
Request for clarification should be received by the Employer no later than:
Fourteen (14) calendar days before the deadline for bid submission.
ITB 7.1 A Pre-Bid meeting shall take place at the following date, time and place:
Date: 07 September 2020 Time: 10:00 hours local time
Place: National Procurement Commission
Avenida de Balide, Dili, Timor-Leste

1
Section 2: Bid Data Sheet

ITB 7.2 A site visit is mandatory.

The Site visit schedule will be conducted on :

Date : 28 August 2020; Time: 09:00 hours local time

The Bidder’s attendance at the site visit is mandatory for Bidder

Qualification.

The Contact Person for the Site visit is as follow:

Name : Mr. Julio Savio,

Tel. no.: + 670 77371191

Bidder who wants to conduct a site visit shall coordinate with the Employer,
and the cost of visiting the site shall be at the Bidder’s own expense.

C. Preparation of Bids

ITB 10.1 The language of the bid is: ENGLISH

ITB 11.2 (g) The Bidder shall submit with its Technical Bid the following additional
documents:
a. Authenticated copy of current Business Registration Certificate
b. Company Ownership Documents
c. Authenticated Certidão de Dividas
d. Authenticated copy of previous quarter tax statement from Timor-Leste
Revenue Service (TIN)
e. Estatutos

ITB 11.3 (d) The Bidder shall submit with its Price Bid the following additional documents:
Unit Price Analysis of each item of work in the Bill of Quantities

ITB 15.1 The unit rates and prices shall be: United States Dollar

ITB 17.1 The bid validity period shall be 90 days

ITB 18 A Bid Securing Declaration is required.

ITB 20.1 In addition to the original of the bid, the number of copies is:
Technical Bid 1 original and 1 copy
Price Bid 1 original and 1 copy + 1 CD

2
Section 2: Bid Data Sheet

C. Submission and Opening of Bids

ITB 21.1 For bid submission purposes only, the Employer’s address is:

National Procurement Commission

Avenida de Balide, Dili, Timor-Leste
Tel. : +670 3331101;

Date: 22 September 2020 Time: 09:00 hours local time

ITB 23.1 The Technical bid opening shall take place at the office of the:

National Procurement Commission

Avenida de Balide, Dili, Timor-Leste
Tel. : +670 3331101;

Date: 22 September 2020 Time: 09:00 hours local time

ITB 31.1 One Contractor can be awarded, at maximum, two contracts/projects subject
to the result of the evaluation.
In case of the Contractor, after the evaluation, turns out to be the lowest
evaluated and substantially responsive one (winning company) for more than
two contracts/projects, it must choose only two among the other (s).

3
Section 3: Evaluation and Qualification Criteria

Section 3

EVALUATION AND QUALIFICATION CRITERIA

This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders.
No other methods, criteria and factors shall be used. The Bidder shall provide all the information
requested in the forms included in Section 4 (Bidding Forms).
Section 3: Evaluation and Qualification Criteria

EVALUATION AND QUALIFICATION CRITERIA

The evaluation shall be based on the documents that the Bidder has submitted with its Bid.
Therefore, the Bidder is reminded to submit all the necessary information and documentation
to enable the Employer to make an evaluation. Failure of the Bidder to provide the necessary
information may result in the rejection of the Bid.

Bid evaluation shall be undertaken in two stages. The first stage will be the Evaluation of
Technical Bids applying the technical evaluation criteria, sub-criteria, and scoring system
specified below. The passing score for bidder qualification is 375 points.

a) TECHNICAL EVALUATION

The technical evaluation will be undertaken in two steps. The first step will be the
Determination of the Bidder’s compliance to the basic bid and eligibility requirements to
be
Undertaken on a “Pass or Fail” basis.

1. The following documentation shall be checked:

 Signatory to the bid is authorized to commit the Bidder as evidenced by a Power of

Attorney submitted with the Bid;
 Valid Business Registration Certificate from country of domicile;
 Bid Securing Declaration, in accordance with ITB- Data Sheet Clause 18;
 Bidder does not have a conflict of interest with one or more parties participating in or
executing this bidding process; and
 In the case of a joint venture, confirm that the Bidder submitted a certification that all
parties shall be jointly and severally liable and that the Bidder has nominated a
Representative who shall have the authority to conduct all business for and on behalf
of any and all parties of the joint venture during the bidding process, and in the event
the joint venture is awarded a contract, also during contract execution.
 Any other relevant documents and information required in the Bidding Documents

Only those Bidders which passed the Step 1 evaluation shall be considered further in the
Step 2 – Technical evaluation which is to evaluate and score the technical proposals on
the criteria and scoring system provided below:

2
1
 Section I: Instruction to Bidders

Joint Venture Evaluati

Single on
Criteria Minimum Requirement
Entity All partners One Each Weight
combined Partner partner
1. FINANCIAL (Cash Flow Capacity) The Bidder Must meet the Must meet Must meet at Must meet at 30
RESOURCES must demonstrate requirement the least 40% of least 25% of
access to, or availability of, financial requirement the the
resources such as liquid assets, lines requirement requirement
of credit, and other financial means,
other than any contractual advance
payments and Current Contract
Commitment (CCC) to meet a cash-
flow Requirement of US$ 100,000.00
(United States Dollars One
Hundred Thousand)
2. EXPERIENCE 30
General Construction Experience under construction contracts Must meet Not Must meet Not 10
Experience in the role of lead contractor, requirement Applicable requirement Applicable
subcontractor, or management
contractor for at least the last 10 years
prior to the applications submission
deadline.
Specific Construction Participation as contractor, management Must meet Not Must meet Not 20
Experience contractor, or subcontractor, in at least requirement Applicable requirement Applicable
(Contracts of Similar 2 contracts within the last 10 years,
Size and nature) with a value of at least US$ 150,000.00
(United States Dollars One Hundred
Fifty Thousand) for each contract that
has been successfully or are
substantially completed and that are
similar to the proposed works.
The Bidder must demonstrate that it
has the personnel for the key
positions that meet the following 10
requirements:
3. PERSONNEL
Total Work Experience
Position Experience in Similar
(years) Work
(years)
Project Manager (Civil Engineer) 5 3 6
Site Civil Engineer 4 2 4
4. EQUIPMENT The Bidder must demonstrate that 10
it has the key equipment listed
hereafter: Required Minimum
Minimum
Equipment type and Number of
Characteristics Units

Dump Truck 1
Compactor 1
Mini Excavator/ 1
Backhoe Loader
Concrete Mixer 1

5. TECHNICAL PROPOSAL 20

a) Site Organization Site Organization Chart(s):flow-charts 5

3
 Section I: Instruction to Bidders

Joint Venture Evaluati

Single on
Criteria Minimum Requirement
Entity All partners One Each Weight
combined Partner partner
showing lines of authorities, key
personnel assigned for the specific tasks,
numbers of supervisory personal and
support staff.
b) Method Statement Approach proposed for contract 5
implementation, key activities
considered to be necessary to achieve
the contract objectives.
c) Construction Construction Schedule, covering the 5
Schedule entire construction period in MS
Project format, showing all the
activities, project milestones and
critical path (Gantt chart).
d) Local Development Bidder must provide a statement that 5
Statement outlines its plan to support local
communities

TOTAL 100

The scoring shall be in accordance with the following table:

Score Score Definition

0 Has not met any reasonable criteria
1 Has only met few minimum requirements
2 Has only met some minimum requirements
3 Has met most of the minimum requirements
4 Has met all of the minimum requirements
5 Has met and exceeded all requirements

The passing score for bidder qualification is 375 points.

b) FINANCIAL EVALUATION
The second stage will be the evaluation of the price proposals of only the Bidders with the top two
technical scores based on the result of the first stage evaluation above. The price evaluation will be
undertaken in accordance with the provisions of Clause ITB-34.

To determine the "price score", the lowest evaluated bid price X will automatically score 500 points for
the price component evaluation. Other bidders with bid price Y will be assigned a price proposal score =
500 * (X / Y).

The final ranking shall be determined by combining the Technical and Price scores, applying a
Technical: Price Ratio of 40:60

4
Section 4: Bidding Forms (BF)

Section 4.

Bidding Forms (BF)

Section 4: Bidding Forms (BF)

Bidding Forms

This Section contains the forms which are to be completed by the Bidder and submitted as part of his Bid.
Section 4: Bidding Forms (BF)

Table of Forms

LETTER OF TECHNICAL BID ........................................................................................................................................ 2

LETTER OF PRICE BID ................................................................................................................................................... 3
BID SECURING DECLARATION ...................................................................................................................................4
FORM FIN - 1: FINANCIAL RESOURCES .................................................................................................................... 5
FORM FIN- 2: CURRENT CONTRACT COMMITMENTS / WORKS IN PROGRESS ............................................... 6
FORM EXP - 1: GENERAL CONSTRUCTION EXPERIENCE ...................................................................................... 7
FORM EXP - 2: EXPERIENCE IN SIMILAR WORKS.................................................................................................... 8
PERSONNEL...................................................................................................................................................................... 9
FORM PER – 1: RESUME OF PROPOSED PERSONNEL .......................................................................................... 10
EQUIPMENT ................................................................................................................................................................... 11
SITE ORGANIZATION ................................................................................................................................................... 13
METHOD STATEMENT ................................................................................................................................................. 14
CONSTRUCTION SCHEDULE....................................................................................................................................... 15
LOCAL DEVELOPMENT STATEMENT ...................................................................................................................... 16
FORM ELI - 1: BIDDER’S INFORMATION SHEET .................................................................................................... 17
FORM ELI - 2: JV INFORMATION SHEET .................................................................................................................. 18
BILL OF QUANTITY ...................................................................................................................................................... 19
Section 4: Bidding Forms (BF)

Letter of Technical Bid

Date: ................................................
NCB No.: NCB/027/MOP-2020
To: Ministry of Public Works
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including
Addenda issued in accordance with Instructions to Bidders (ITB) 8;
(b) We offer to execute in conformity with the Bidding Documents the following Works:
NEW CONSTRUCTION OF WALL PROTECTION TOWER NO.15, SECTION
MALIANA-SUAI MUNICIPALITY OF BOBONARO, TIMOR-LESTE
(c) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period of
90 days from the date fixed for the bid submission deadline in accordance with the
Bidding Documents, and it shall remain binding upon us and may be accepted at any
time before the expiration of that period;
(d) We, including any subcontractors or suppliers for any part of the contract, do not have
any conflict of interest in accordance with ITB 4.3;
(e) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this
bidding process in accordance with ITB 4.3 (e) other than alternative offers submitted in
accordance with ITB 13;
(f) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any
part of the contract, has not been declared ineligible under the Employer’s country laws
or official regulations or by an act of compliance with a decision of the United Nations
Security Council;

Name ...........................................................................................................................................
In the capacity of ........................................................................................................................
Signed .........................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .................................................................
Date ..............................................................................................................................................

2
Section 4: Bidding Forms (BF)

Letter of Price Bid

Date: ................................................
NCB No.: NCB/027/MOP-2020
To: Ministry of Public Works
We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including
Addenda issued in accordance with Instructions to Bidders (ITB) 8;

(b) We offer to execute in conformity with the Bidding Documents and the Technical Bid
submitted for the following Works:
NEW CONSTRUCTION OF WALL PROTECTION TOWER NO.15, SECTION
MALIANA-SUAI MUNICIPALITY OF BOBONARO, TIMOR-LESTE

The total price of our Bid is:______________________________________________

_____________________________________________________________________

(insert amount in figures and words)

(c) Our Bid shall be valid for a period of 90 days from the date fixed for the bid submission
deadline in accordance with the Bidding Documents, and it shall remain binding upon
us and may be accepted at any time before the expiration of that period;

(d) If our Bid is accepted, we commit to obtain a performance security in accordance with
the Bidding Documents;

(e) We understand that this bid, together with your written acceptance thereof included in
your notification of award, shall constitute a binding contract between us, until a formal
contract is prepared and executed; and
(f) We understand that you are not bound to accept the l highest evaluated combined bid or
any other bid that you may receive.
Name ...........................................................................................................................................
In the capacity of ........................................................................................................................
Signed .........................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .................................................................
Date ..............................................................................................................................................

3
Section 4: Bidding Forms (BF)

BID SECURING DECLARATION

Date: __________
Tender ID No.: NCB/027/MOP-2020
Tender Description: NEW CONSTRUCTION OF WALL PROTECTION TOWER NO.15,
SECTION MALIANA-SUAI MUNICIPALITY OF BOBONARO, TIMOR-LESTE

To: National Procurement Commission

Avenida de Balide, Dili, Timor-Leste

We, the undersigned, declare that:

We understand that, according to your conditions, bids must be supported by a Bid Securing
Declaration.

We accept that we will automatically be suspended from being eligible for bidding in any contract
with the Government of the Democratic Republic of Timor-Leste for the period of time of One
Year, if we are in breach of our obligation(s) under the bid conditions, because we:

(a) have withdrawn our Bid during the period of bid validity specified in the Form of Bid; or
(b) having been notified of the acceptance of our Bid by the Employer during the period of bid
validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to furnish
the Performance Security, in accordance with the ITB.

We understand this Bid Securing Declaration shall expire if we are not the successful Bidder, upon
the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii)
twenty-eight days after the expiration of our Bid.

Signed: _____________________________________________________________________
In the capacity of ______________________________________________________________
Name: ___________________________________________________________________________________________
Duly authorized to sign the bid for and on behalf of: [insert complete name of
Bidder] Dated on _____ day of _______
Corporate Seal [where appropriate]

Note:
In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all
partners to the Joint Venture that submits the bid.

4
Section 4: Bidding Forms (BF)

Form FIN - 1: Financial Resources

Specify proposed sources of financing, such as available cash in bank, lines of credit, account
receivable, and other financial means available to meet the total construction cash flow demands of
the subject contract or contracts as indicated in Section 3 (Evaluation and Qualification Criteria)

Financial Resources
No. Source of financing Amount (US$ equivalent)
1

Supporting document (Bank Statements, Credit line Certificates, Account Receivable, etc)
must be attached.

5
Section 4: Bidding Forms (BF)

Form FIN- 2: 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.

Current Contract Commitments

Employer’s Value of Contract

Value invoiced to
No. Name of Contract Contact Address, contract ($) start and
date ($)
Tel, Fax estimated
end date
1
2
3
4
5

6
Section 4: Bidding Forms (BF)

Form EXP – 1: General Construction Experience

Each Bidder or member of a JV must fill in this form

General Construction Experience

Contract Identification and Name
Starting Ending
Name and Address of Employer
Month Month Years Role of Bidder
Brief Description of the Works Executed
Year Year
by the Bidder

7
Section 4: Bidding Forms (BF)

Form EXP – 2: Experience in Similar Works

Fill up one (1) form per contract.

Contract of Similar Size and Nature

Contract No. of. Contract Identification
Scheduled Completion
Start Date
Date
 Management
Role in Contract  Contractor  Subcontractor
Contractor
Total Contract Amount US$
If partner in a JV or
subcontractor, specify
Percent of Total Amount
participation of total
contract amount
Employer’s Name
Address
Telephone/Fax Number
E-mail
Description of the Work

Actual Completion Reasons for Delay, if any:

Date:

Copy of contracts and completion certificates must be attached.

8
Section 4: Bidding Forms (BF)

Personnel

Bidders should provide the names of suitably qualified personnel to meet the requirements specified
in Section 3 (Evaluation and Qualification Criteria). The data on their experience should be supplied
using the Form below for each candidate.
Form PER – 1: Proposed Personnel

1. Title of position:

Name

2. Title of position:

Name

9
Section 4: Bidding Forms (BF)

Form PER – 2: Resume of Proposed Personnel

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 / Relevant technical and management

experience

10
Section 4: Bidding Forms (BF)

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 3 (Evaluation and Qualification
Criteria). A separate Form shall be prepared for each item of equipment listed, or for alternative
equipment proposed by the Bidder.

Item 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

 Owned  Rented  Leased  Specially manufactured

Omit the following information for equipment owned by the Bidder.

Owner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex

Agreements Details of rental / lease / manufacture agreements specific to the project

11
Section 4: Bidding Forms (BF)

Technical Proposal

Site Organization

Method Statement

Construction Schedule

Local Development Statement

12
Section 4: Bidding Forms (BF)

Site Organization

The Bidder should include an Organization Chart showing the relationship between the Director, the
Engineer/Supervisor and the administration staff.

13
Section 4: Bidding Forms (BF)

Method Statement

The bidder must provide a work method statement encompassing the requirements of the Works
under this tender.

14
Section 4: Bidding Forms (BF)

Construction Schedule

Bidder must submit its propose works schedule (bar Chart) detailing the critical work items
and providing a clear timeline for completing the works.

15
Section 4: Bidding Forms (BF)

Local Development Statement

Bidder must provide a statement that outlines its plan to support local communities

16
Section 4: Bidding Forms (BF)

Form ELI - 1: Bidder’s Information Sheet

Bidder’s Information

Bidder’s legal name

In case of JV, legal

name of each partner

Bidder’s country of
constitution

Bidder’s year of
constitution

Bidder’s legal address

in country of
constitution
Bidder’s authorized
representative
(name, address,
telephone numbers,
fax numbers, e-mail
address)
Attached are copies of the following original documents.
 1. In case of single entity, articles of incorporation or constitution of the legal entity named
above, in accordance with ITB 4.1 and 4.2.
 2. Authorization to represent the firm or JV named in above, in accordance with ITB 4.2
 3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.

17
Section 4: Bidding Forms (BF)

Form ELI - 2: JV Information Sheet

Each member of a JV must fill in this form

JV / Specialist Subcontractor Information

Bidder’s legal name

JV Partner’s or
Subcontractor’s
legal name

JV Partner’s or
Subcontractor’s
country of
constitution

JV Partner’s or
Subcontractor’s year
of constitution

JV Partner’s or
Subcontractor’s
legal address in
country of
constitution
JV Partner’s or
Subcontractor’s
authorized
representative
information
(name, address,
telephone numbers,
fax numbers, e-mail
address)
Attached are copies of the following original documents.
 1. Articles of incorporation or constitution of the legal entity named above, in accordance
with ITB 4.1 and 4.2.
 2. Authorization to represent the firm named above, in accordance with ITB 4.2.

18
Section 4: Bidding Forms (BF)

Project Name : NEW CONSTRUCTION OF WALL PROTECTION TOWER NO.15,

SECTION MALIANA-SUAI MUNICIPALITY OF BOBONARO,
TIMOR-LESTE
Location : Bobonaro Municipality
Project No. : NCB/027/MOP-2020

GRAND SUMMARY

NO. DESCRIPTION WORKS AMOUNT (USD)

I PRELIMINARY AND GENERAL WORKS

II INSTALLATION OF GABION TOWER N55

III RIVER NORMALIZATION

A CONSTRUCTION COST
B Profit (10% X A)
C OVERHEAD
D TOTAL (A+B+C)
E TAX (2% X D)
F GRAND TOTAL (D+E)

19
 Section 4: Bidding Forms (BF)

Project Name : NEW CONSTRUCTION OF WALL PROTECTION TOWER NO.15,

SECTION MALIANA-SUAI MUNICIPALITY OF BOBONARO,
TIMOR-LESTE
Location : Bobonaro Municipality
Project No. : NCB/027/MOP-2020

BILL OF QUANTITY

DESCRIPTION OF WORK UNIT QUANTITY UNIT PRICE AMOUNT

NO. (USD)
ITEM (USD)
1 2 3 4 5 6=(4 X 5)
I OVERHEAD
Contractor Project Team (Site 6.00
1 month
Engineer)

2 Material sampling & testing Ls 1.00

Safety equipment and first aid

3 Ls 1.00
tool
Report and project
4 month 6.00
documentation

5 As Build Drawing Ls 1.00

6 Water and Electrical for work Ls 1.00

Sub Total I

20
 Section 4: Bidding Forms (BF)

Project Name : New Construction of Wall Protection Tower No.15, SECTION MALIANA-
SUAI MUNICIPALITY OF BOBONARO, TIMOR-LESTE
Location : Bobonaro Municipality
Project No. : NCB/027/MOP-2020

BILL OF QUANTITY

UNIT PRICE AMOUNT

NO DESCRIPTION OF WORK ITEM UNIT QUANTITY
(USD) (USD)
1 2 3 4 5 6 = (4 X 5)
PRELIMINARY AND GENERAL
I
WORKS
1 Contractor's Mobilization Ls 1.00

2 Contractor's Demobilization Ls 1.00

3 Project Sign Board Ls 1.00

Sub Total I

II Reinforced Concrete Retaining Wall N15

1 Structure Excavation M3 1,761.59

2 Back Fill M3 1,333.49

3 Lean Concrete M3 38.09

4 Structural Concrete Class "A" (25 Mpa) M3 431.97

5 Reinforcing Steel Kg 15,380.79

Weep Hole, Gravel & Geotextile
6 M 28.18
(Staggered every 2m')
Sub Total II

III RIVER NORMALIZATION

1 Unsuitable Excavation M3 36,000.00

Sub Total III

Total Construction

21
Section 5: Works Requirements

Section 5 – Works Requirements

This Section contains the Technical Specifications, the Drawings, Supplementary Information that
describe the Works to procured, Personnel Requirements and Equipment Requirements.

1
Section 5: Works Requirements

Table of Contents

Specifications
Drawings
Personnel Requirements
Equipment Requirements

2
Section 5: Works Requirements

Specifications
EDTL-MOP Standard specifications

3
Section 5: Works Requirements

Drawings
Separately attached

4
Section 5: Works Requirements

Personnel Requirements

Using Form PER-1 and PER-2 in section 4 (Bidding Forms), the bidder must demonstrate it has
personnel that meet the following requirements

Position Total Work Experience Experience in Similar Work

(years) (years)
Project Manager 5 3
(Civil Engineer)
Site Civil Engineer 4 2

5
Section 5: Works Requirements

Equipment Requirements

Using Form Equipment in Section 4 (Bidding Forms), the Bidder must demonstrate it has the key
equipment listed below:

Equipment type and Characteristics Minimum Number of Units

Dump truck 1
Compactor 1
Mini Excavator/Backhoe Loader 1
Concrete Mixer 1

6
Section 6: General Condition of Contract

Section 6

General Conditions of Contract (GCC)

Section 6: General Condition of Contract

Table of Clauses

A. General.................................................................................... …………………….……..... 5
1. Definitions .......................................................................................................................... 5
2. Interpretation ..................................................................................................................... 7
3. Language and Law.............................................................................................................. 7
4. Project Manager’s Decisions ............................................................................................. 7
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................................................................................................................ 8
12. Contractor’s Risks .............................................................................................................. 9
13. Insurance ............................................................................................................................ 9
14. Site Investigation Reports ................................................................................................... 9
15. Contractor to Construct the Works ..................................................................................... 9
16. The Works to Be Completed by the Intended Completion Date ......................................... 9
17. Designs by Contractor and Approval by the Project Manager ............................................ 9
18. Safety................................................................................................................................ 10
19. Discoveries ....................................................................................................................... 10
20. Possession of the Site........................................................................................................ 10
21. Access to the Site .............................................................................................................. 10
22. Instructions, Inspections and Audits ................................................................................. 10
23. Appointment of the Adjudicator ....................................................................................... 10
24. Procedure for Disputes...................................................................................................... 11
B. Time Control ....................................................................................................................... 11

25. Program ............................................................................................................................ 11

26. Extension of the Intended Completion Date ..................................................................... 12
27. Acceleration...................................................................................................................... 13
28. Delays Ordered by the Project Manager ........................................................................... 13
29. Management Meetings ..................................................................................................... 13
30. Early Warning .................................................................................................................. 13

C. Quality Control ................................................................................................................... 14

31. Identifying Defects ........................................................................................................... 14

32. Tests ................................................................................................................................ 14
33. Correction of Defects ........................................................................................................ 14
34. Uncorrected Defects ......................................................................................................... 14
D. Cost Control....................................................................................................... …………..14

35. Contract Price …………………………………………....................……………….14

Section 6: General Condition of Contract

36. Changes in the Contract Price ........................................................................................... 14

37. Variations ........................................................................................................................ 15
38. Cash Flow Forecasts ......................................................................................................... 15
39. Payment Certificates ......................................................................................................... 15
40. Payments ......................................................................................................................... 16
41. Compensation Events ....................................................................................................... 16
42. Tax .................................................................................................................................. 17
43. Currencies......................................................................................................................... 18
44. Price Adjustment .............................................................................................................. 18
45. Retention .......................................................................................................................... 18
46. Liquidated Damages ......................................................................................................... 18
47. Bonus ............................................................................................................................... 19
48. Advance Payment ............................................................................................................. 19
49. Securities .......................................................................................................................... 19
50. Dayworks ......................................................................................................................... 19
51. Cost of Repairs ................................................................................................................. 20

E. Finishing the Contract……………………………………………………………………20

52. Completion ...................................................................................................................... 20

53. Taking Over...................................................................................................................... 20
54. Final Account ................................................................................................................... 20
55. Operating and Maintenance Manuals ............................................................................... 20
56. Termination ...................................................................................................................... 20
57. Fraud and Corruption........................................................................................................ 21
58. Payment upon Termination............................................................................................... 22
59. Property ............................................................................................................................ 22
60. Release from Performance ............................................................................................. 23

2
Section 6: General Condition of Contract

General Conditions of Contract

A. General
1. Definitions 1.1 Boldface type is used to identify defined terms.

a. The Accepted Contract Amount means the amount accepted in

the Letter of Acceptance for the execution and completion of the
Works and the remedying of any defects.

b. The Adjudicator is the person appointed jointly by the

Employer and the Contractor to resolve disputes in the first
instance, as provided for in GCC 23.1 hereunder.

c. Bill of Quantities means the priced and completed Bill of

Quantities forming part of the Bid.

d. Compensation Events are those defined in GCC 41.1

hereunder.

e. The Completion Date is the date of completion of the

Works as certified by the Project Manager, in accordance
with GCC 52.1.

f. The Contract is the Contract between the Employer and the

Contractor to execute, complete, and maintain the Works. It
consists of the documents listed in GCC 2.3 below.

g. The Contractor is the party whose Bid to carry out the

Works has been accepted by the Employer.

h. The Contractor’s Bid is the completed bid documents

submitted by the Contractor to the Employer.

i. The Contract Price is the Accepted Contract Amount stated

in the Letter of Acceptance and thereafter as adjusted
in accordance with the Contract.

j. Days are calendar days; months are calendar months.

k. 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.

l. A Defect is any part of the Works not completed in

accordance with the Contract.

3
Section 6: General Condition of Contract

m. The Defects Liability Certificate is the certificate issued

by Project Manager upon correction of defects by the
Contractor.

n. The Defects Liability Period is the period calculated from the

Completion Date where the Contractor remains responsible for
remedying defects.

o. Drawings include calculations and other information

provided or approved by the Project Manager for the
execution of the Contract.

p. The Employer is the party who employs the Contractor

to carry out the Works, as specified in the PCC.

q. Equipment is the Contractor’s machinery and vehicles brought

temporarily to the Site to construct the Works.

r. Force Majeure means an exceptional event or circumstance:

which is beyond a Party's control; which such Party could not
reasonably have provided against before entering into the
Contract; which, having arisen, such Party could not
reasonably have avoided or overcome; and, which is not
substantially attributable to the other Party.

s. The Initial Contract Price is the Contract Price listed in the

Employer’s Letter of Acceptance.

t. The Intended Completion Date is the date on which it is

intended that the Contractor shall complete the Works. The
Intended Completion Date is specified in the PCC. The
Intended Completion Date may be revised only by the Project
Manager by issuing an extension of time or an acceleration
order.

u. Letter of Acceptance means the formal acceptance by the

Employer of the Bid and denotes the formation of the Contract
at the date of acceptance.

v. Materials are all supplies, including consumables, used by the

Contractor for incorporation in the Works.

w. “Party” means the Employer or the Contractor, as the context

requires.

x. PCC means Particular Conditions of Contract.

y. Plant is any integral part of the Works that shall have a

4
Section 6: General Condition of Contract

mechanical, electrical, chemical, or biological function.

z. The Project Manager is the person named in the PCC (or any
other competent person appointed by the Employer and
notified to the Contractor, to act in replacement of the Project
Manager) who is responsible for supervising the execution of the
Works and administering the Contract.

aa. Retention Money means the aggregate of all monies retained

by the Employer pursuant to GCC 45.1.

bb. The Site is the area defined as such in the PCC.

cc. Site Investigation Reports are those that were included in

the Biding Documents and are factual and interpretative
reports about the surface and subsurface conditions at the Site.

dd. Specification means the Specification of the Works included

in the Contract and any modification or addition made or
approved by the Project Manager.

ee. The Start Date is given in the PCC. It is the latest date when
the Contractor shall commence execution of the Works. It
does not necessarily coincide with any of the Site Possession Dates.

ff. A Subcontractor is a person or corporate body who has a

Contract with the Contractor to carry out a part of the work in
the Contract, which includes work on the Site.

gg. Temporary Works are works designed, constructed, installed,

and removed by the Contractor that are needed for
construction or installation of the Works.

hh. A Variation is an instruction given by the Project Manager

which varies the Works.

ii. The Works are what the Contract requires the Contractor to
construct, install, and turn over to the Employer, as defined in the
PCC.

2. Interpretation 2.1 In interpreting these GCC, singular also means plural, male
also means female or neuter, and the other way around. Headings have no
significance. Words have their normal meaning under the language of
the Contract unless specifically defined. The Project Manager shall
provide instructions clarifying queries about these GCC.

2.2 If sectional completion is specified in the PCC, references in the

GCC to the Works, the Completion Date, and the Intended Completion
Date apply to any Section of the Works (other than references to the
Completion Date and Intended Completion Date for the whole of the
Works).

5
Section 6: General Condition of Contract

2.3 The documents forming the Contract shall be interpreted in the

following order of priority:

(a) Agreement,
(b) Letter of Acceptance,
(c) Contractor’s Bid,
(d) Particular Conditions of Contract,
(e) General Conditions of Contract,
(f) Specifications,
(g) Drawings,
(h) Bill of Quantities, and
(i) any other document listed in the PCC as forming part of the
Contract.

3. Language and 3.1 The language of the Contract and the law governing the Contract
Law are stated in the PCC.

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. D ele ga tio n 5.1 T he Pr oject Ma na ger ma y d ele gate a n y o f h i s d uties

a nd responsibilities to other people except to the Adjudicator,
after notifying the Contractor, and may cancel any delegation after
notifying the Contractor.

6. Communication 6.1 Communications between parties that are referred to in the Conditions
s shall be effective only when in writing. A notice shall be effective
only when it is delivered.

7. Subcontracting 7.1 The Contractor may subcontract with the approval of the
Project Manager, but may not assign the Contract without the approval
of the Employer in writing. Subcontracting shall not alter the
Contractor’s obligations.

8. Other 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
PCC. The Contractor shall also provide facilities and services for
them as described in the Schedule. The Employer may modify the
Schedule of Other Contractors, and shall notify the Contractor of
any such modification.

9. Personnel and 9.1 The Contractor shall employ the key personnel and use the equipment
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.
6
Section 6: General Condition of Contract

9.2 If the Project Manager asks the Contractor to remove a person who
is a member of the Contractor’s staff or work force, stating the
reasons, the Contractor shall ensure that the person leaves the Site
within seven days and has no further connection with the work in
the Contract.

10. Employer’s and 10.1 The Employer carries the risks which this Contract states are
Contractor’s Employer’s risks, and the Contractor carries the risks which this
Risks Contract states are Contractor’s risks.

11. Employer’s 11.1 From the Start Date until the Defects Liability Certificate has been
Risks issued, the following are Employer’s risks:
(a) The risk of personal injury, death, or loss of or damage to
property (excluding the Works, Plant, Materials, and Equipment),
which are due to
i. use or occupation of the Site by the Works or for the
purpose of the Works, which is the unavoidable result of
the Works or
ii. negligence, breach of statutory duty, or interference with any
legal right by the Employer or by any person employed by or
contracted to him except the Contractor.
(b) The risk of damage to the Works, Plant, Materials, and
Equipment to the extent that it is due to a fault of the Employer
or in the Employer’s design, or due to war or radioactive
contamination directly affecting the location where the Works
are to be executed.

11.2 From the Completion Date until the Defects Liability Certificate
has been issued, the risk of loss of or damage to the Works, Plant,
and Materials is an Employer’s risk except loss or damage due to

(a) a Defect which existed on the Completion Date,

(b) an event occurring before the Completion Date, which was not
itself an Employer’s risk, or

(c) the activities of the Contractor on the Site after the Completion
Date.

12. Contractor’s 12.1 From the Starting Date until the Defects Liability Certificate has been
Risks i ssu ed , t he ri sk s o f p er sonal inj ur y, d ea th , a nd lo s s of
o r da ma ge t o property (including, without limitation, the Works,
Plant, Materials, and Equipment) which are not Employer’s risks are
Contractor’s risks.

13. Insurance 13.1 The Contractor shall provide, in the joint names of the
Employer and the Contractor, appropriate insurance cover to
protect against Contractor’s risks, including:
(a) loss of or damage to the Works, Plant, and Materials;

7
Section 6: General Condition of Contract

(b) loss of or damage to Equipment;

(c) loss of or damage to property (except the Works, Plant,
Materials, and Equipment) in connection with the Contract; and
(d) personal injury or death.

14. Site 14.1 The Contractor, in preparing the Bid, shall rely on any Site
Investigation Investigation Reports referred to in the PCC, supplemented by any
Reports information available to the Bidder.

15. Contractor to 15.1 The Contractor shall construct and install the Works in accordance
Construct the with the Specifications and Drawings.
Works

16. The Works to 16.1 The Contractor may commence execution of the Works on the Start
be Completed Date and shall carry out the Works in accordance with the Program
by the Intended submitted by the Contractor, as updated with the approval of the
Completion Project Manager, and complete them by the Intended Completion
Date Date.

17. Designs by 17.1 The Contractor shall carry out design to the extent specified in the
Contractor and PCC. The Contractor shall promptly submit to the Employer all
Approval by the designs prepared by him. Within 14 days of receipt, the Employer
Project shall notify any comments. The Contractor shall not construct any
Manager element of the permanent work designed by him within 14 days after
the design has been submitted to the Employer or where the design
for that element has been rejected. Design that has been rejected shall
be promptly amended and resubmitted. The Contractor shall resubmit all
designs commented on taking these comments into account as
necessary.

17.2 The Contractor shall be responsible for design of Temporary Works.

17.3 The Contractor shall submit Specifications and Drawings showing the
proposed Temporary Works to the Project Manager, who is to approve
them if they comply with the Specifications and Drawings.

17.4 The Project Manager’s approval shall not alter the Contractor’s
responsibility for design of the Temporary Works.

17.5 The Contractor shall obtain approval of third parties to the design
of the Temporary Works, where required.

17.6 All Drawings prepared by the Contractor for the execution of the
temporary or permanent Works, are subject to prior approval by the
Project Manager before this use.

18. Safety 18.1 The Contractor shall be responsible for the safety of all activities on
the Site.

8
Section 6: General Condition of Contract

19. Discoveries 19.1 Anything of historical or other interest or of significant

value unexpectedly discovered on the Site shall be the property of
the Employer. The Contractor shall notify the Project Manager of such
discoveries and carry out the Project Manager’s instructions for dealing
with them

20. Possession of the 20.1 The Employer shall give possession of all parts of the Site to the
Site Contractor. If possession of a part is not given by the date stated
in the PCC, the Employer shall be deemed to have delayed the start
of the relevant activities, and this shall be a Compensation Event.

21. Access to the 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
inspections and Manager which comply with the applicable law
Audits
22.2 The Contractor shall permit the Employer to inspect the Contractor’s
accounts, records and other documents relating to the submission of
bids and contract performance and to have them audited by auditors
appointed by the Employer. The Contractor shall maintain all
documents and records related to the Contract for a period of three (3)
years after completion of the Works. The Contractor shall provide any
documents necessary for the investigation of allegations of fraud,
collusion, coercion, or corruption and require its employees or agents
with knowledge of the Contract to respond to questions from the
Employer.

23. Appointment of 23.1 The Adjudicator shall be appointed jointly by the Employer and the
Adjudicator Contractor, at the time of the Employer’s issuance of the Letter of
Acceptance. If, in the Letter of Acceptance, the Employer does not
agree on the appointment of the Adjudicator, the Employer will
request the Appointing Authority designated in the PCC, to appoint
the Adjudicator within 14 days of receipt of such request.

23.2 Should the Adjudicator resign or die, or should the Employer and the
Contractor agree that the Adjudicator is not functioning in
accordance with the provisions of the Contract, a new Adjudicator shall
be jointly appointed by the Employer and the Contractor. In case
of disagreement between the Employer and the Contractor, within
30 days, the Adjudicator shall be designated by the Appointing
Authority at the request of either party, within 14 days of receipt of such
request.

24. Procedure for 24.1 If the Contractor believes that a decision taken by the Project
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
9
Section 6: General Condition of Contract

be referred to the Adjudicator within 14 days of the notification of

the Project Manager’s decision.

24.2 The Adjudicator shall give a decision in writing within 28 days of

receipt of a notification of a dispute.

24.3 The Adjudicator shall be paid by the hour at the rate specified in
the PCC, together with reimbursable expenses of the types specified
in the Contract Data, and the cost shall be divided equally
between the Employer and the Contractor, whatever decision is
reached by the Adjudicator. Either party may refer a decision of the
Adjudicator to an Arbitrator within 28 days of the Adjudicator’s
written decision. If neither party refers the dispute to arbitration
within the above 28 days, the Adjudicator’s decision shall be final
and binding.

24.4 The arbitration shall be conducted in accordance with the arbitration

procedures published by the institution named and in the
place specified in the PCC.

B. Time Control

25. Program 25.1 Within the time stated in the PCC, after the date of the
Letter of Acceptance, the Contractor shall submit to the Project
Manager for approval a Program showing the general methods,
arrangements, order, and timing for all the activities in the Works.

25.2 An update of the Program shall be a program showing the actual

progress achieved on each activity and the effect of the progress
achieved on the timing of the remaining work, including any changes
to the sequence of the activities.

25.3 The Contractor shall submit to the Project Manager for approval
an updated Program at intervals no longer than the period stated in
the PCC. If the Contractor does not submit an updated Program
within this period, the Project Manager may withhold the amount
stated in the PCC from the next payment certificate and continue to
withhold this amount until the next payment after the date on which
the overdue Program has been submitted.

25.4 The Project Manager’s approval of the Program shall not alter the
Contractor’s obligations. The Contractor may revise the Program and
submit it to the Project Manager again at any time. A revised
Program shall show the effect of Variations and Compensation
Events.

26. Extension of the 26.1 The Project Manager shall extend the Intended Completion Date if a
intended Compensation Event occurs or a Variation is issued which makes it
Completion impossible for Completion to be achieved by the Intended
10
Section 6: General Condition of Contract

Date Completion Date without the Contractor taking steps to accelerate

the remaining work, which would cause the Contractor to incur
additional cost.

26.2 The Project Manager shall decide whether and by how much to
extend the Intended Completion Date within 21 days of the
Contractor asking the Project Manager for a decision upon the effect of
a Compensation Event or Variation and submitting full supporting
information. If the Contractor has failed to give early warning of a delay
or has failed to cooperate in dealing with a delay, the delay by this
failure shall not be considered in assessing the new Intended
Completion Date.

27. Acceleration 27.1 When the Employer wants the Contractor to finish before the
Intended Completion Date, the Project Manager shall obtain priced
proposals for achieving the necessary acceleration from the
Contractor. If the Employer accepts these proposals, the Intended
Completion Date shall be adjusted accordingly and confirmed by both
the Employer and the Contractor.

27.2 If the Contractor’s priced proposals for an acceleration are accepted

by the Employer, they are incorporated in the Contract Price and
treated as a Variation.

28. Delays Ordered 28.1 The Project Manager may instruct the Contractor to delay the start
by the Project or progress of any activity within the Works.
Manager

29. Management 29.1 Either the Project Manager or the Contractor may require the other to
Meetings a t te n d a m an a ge m en t m e et i n g. T h e bu si n e ss o f a
m a n a ge me n t meeting shall be to review the plans for remaining
work and to deal with matters raised in accordance with the early
warning procedure.

29.2 The Project Manager shall record the business of management

meetings and provide copies of the record to those attending the
meeting and to the Employer. The responsibility of the parties for
actions to be taken shall be decided by the Project Manager either at
the management meeting or after the management meeting and stated
in writing to all who attended the meeting.

30. Early Warning 30.1 The Contractor shall warn the Project Manager at the earliest
opportunity of specific likely future events or circumstances that may
adversely affect the quality of the work, increase the Contract Price, or
delay the execution of the Works. The Project Manager may
require the Contractor to provide an estimate of the expected
effect of the future event or circumstance on the Contract Price and
Completion Date. The estimate shall be provided by the Contractor as
soon as reasonably possible.
11
Section 6: General Condition of Contract

30.2 The Contractor shall cooperate with the Project Manager in making
and considering proposals for how the effect of such an event or
circumstance can be avoided or reduced by anyone involved in the
work and in carrying out any resulting instruction of the Project
Manager.

C. Quality Control

31. Identifying 31.1 The Project Manager shall check the Contractor’s work and notify the
Defects 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 PCC. The Defects Liability Period
shall be extended for as long as Defects remain to be corrected.

33.2 Every time notice of a Defect is given, the Contractor shall correct
the notified Defect within the length of time specified by the
Project Manager’s notice.

34. Uncorrected 34.1 If the Contractor has not corrected a Defect within the time specified
Defects 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 Price 35.1 The Bill of Quantities shall contain priced items for the Works to be
performed by the Contractor. The Bill of Quantities is used to
calculate the Contract Price. The Contractor will be paid for the
quantity of the work accomplished at the rate in the Bill of Quantities
for each item.

36. Changes in the 36.1 In the case of an admeasurement contract:

Contract Price
(a) If the final quantity of the work done differs from the quantity
in the Bill of Quantities for the particular item by more than 25
percent, provided the change exceeds 1 percent of the Initial
Contract Price, the Project Manager shall adjust the rate to allow
for the change.
12
Section 6: General Condition of Contract

(b) The Project Manager shall not adjust rates from changes in
quantities if thereby the Initial Contract Price is exceeded by
more than 15 percent, except with the prior approval of the
Employer.

(c) If requested by the Project Manager, the Contractor shall

provide the Project Manager with a detailed cost breakdown of
any rate in the Bill of Quantities.

37. Variations 37.1 All Variations shall be included in updated Programs produced by the
Contractor.

37.2 The Contractor shall provide the Project Manager with a quotation for
carrying out the Variation when requested to do so by the Project
Manager. The Project Manager shall assess the quotation, which
shall be given within seven (7) days of the request or within any
longer period stated by the Project Manager and before the
Variation is ordered

37.3 If the Contractor’s quotation is unreasonable, the Project Manager may

order the Variation and make a change to the Contract Price, which
shall be based on the Project Manager’s own forecast of the effects of
the Variation on the Contractor’s costs.

37.4 If the Project Manager decides that the urgency of varying the work
would prevent a quotation being given and considered without
delaying the work, no quotation shall be given and the Variation shall
be treated as a Compensation Event.

37.5 The Contractor shall not be entitled to additional payment for costs
that could have been avoided by giving early warning.

37.6 If the work in the Variation corresponds to an item description in the

Bill of Quantities and if, in the opinion of the Project Manager, the
quantity of work above the limit stated in GCC 36.1 or the timing of
its execution do not cause the cost per unit of quantity to change, the
rate in the Bill of Quantities shall be used to calculate the value of
the Variation. If the cost per unit of quantity changes, or if the nature
or timing of the work in the Variation does not correspond with items
in the Bill of Quantities, the quotation by the Contractor shall be in
the form of new rates for the relevant items of work.

38. Cash Flow 38.1 When the Program is updated, the Contractor shall provide the Project
Forecasts Manager with an updated cash flow forecast. The cash flow
forecast shall include different currencies, as defined in the
Contract, converted as necessary using the Contract exchange rates.
39. Payment 39.1 The Contractor shall submit to the Project Manager monthly
Certificates statements of the estimated value of the work executed less the
cumulative amount certified previously.
13
Section 6: General Condition of Contract

39.2 The Project Manager shall check the Contractor’s monthly

statement and certify the amount to be paid to the Contractor.

39.3 The value of work executed shall be determined by the Project

Manager.

39.4 The value of work executed shall comprise the value of the
quantities of work in the Bill of Quantities that have been
completed.

39.5 The value of work executed shall include the valuation of

Variations and Compensation Events.

39.6 The Project Manager may exclude any item certified in a previous
certificate or reduce the proportion of any item previously certified
in any certificate in the light of later information.

40. Payments 40.1 Payments shall be adjusted for deductions for advance
payments and retention. The Employer shall pay the Contractor the
amounts certified by the Project Manager within 28 days of the date of
each certificate. If the Employer makes a late payment, the
Contractor shall be paid interest on the late payment in the next
payment. Interest shall be calculated from the date by which the
payment should have been made up to the date when the late
payment is made at the prevailing rate of interest for commercial
borrowing for each of the currencies in which payments are made.
40.2 If an amount certified is increased in a later certificate or as a result
of an award by the Adjudicator or an Arbitrator, the Contractor shall
be paid interest upon the delayed payment as set out in this
clause. Interest shall be calculated from the date upon which the
increased amount would have been certified in the absence of dispute.

40.3 Unless otherwise stated, all payments and deductions shall be paid or
charged in the proportions of currencies comprising the Contract Price.

40.4 Items of the Works for which no rate or price has been entered in shall
not be paid for by the Employer and shall be deemed covered by other
rates and prices in the Contract.

41. Compensation 41.1 The following shall be Compensation Events:

Events
(a) The Employer does not give access to a part of the Site by the
Site Possession Date pursuant to GCC 20.1.

(b) The Employer modifies the Schedule of Other Contractors in a

way that 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.
14
Section 6: General Condition of Contract

(d) The Project Manager instructs the Contractor to uncover or to

carry out additional tests upon work, which is then found to have
no Defects.

(e) The Project Manager unreasonably does not approve a

subcontract to be let.

(f) Ground conditions are substantially more adverse than could

reasonably have been assumed before issuance of the Letter of
Acceptance from the information issued to bidders (including the
Site Investigation Reports), from information available publicly
and from a visual inspection of the Site.

(g) The Project Manager gives an instruction for dealing with an

unforeseen condition, caused by the Employer, or additional
work required for safety or other reasons.

(h) Other contractors, public authorities, utilities, or the Employer

does not work within the dates and other constraints stated in the
Contract, and they cause delay or extra cost to the Contractor.

(i) The advance payment is delayed.

(j) The effects on the Contractor of any of the Employer’s Risks.

(k) The Project Manager unreasonably delays issuing a Certificate

of Completion.

41.2 If a Compensation Event would cause additional cost or would

prevent the work being completed before the Intended Completion
Date, the Contract Price shall be increased and/or the Intended
Completion Date shall be extended. The Project Manager shall decide
whether and by how much the Contract Price shall be increased and
whether and by how much the Intended Completion Date shall be
extended.

41.3 As soon as information demonstrating the effect of each Compensation

Event upon the Contractor’s forecast cost has been provided by the
Contractor, it shall be assessed by the Project Manager, and the
Contract Price shall be adjusted accordingly. If the Contractor’s
forecast is deemed unreasonable, the Project Manager shall adjust the
Contract Price based on the Project Manager’s own forecast. The
Project Manager shall assume that the Contractor shall react
competently and promptly to the event.

41.4 The Contractor shall not be entitled to compensation to the extent

that the Employer’s interests are adversely affected by the Contractor’s
not having given early warning or not having cooperated with the Project
Manager.
15
Section 6: General Condition of Contract

42. Tax 42.1 The Project Manager shall adjust the Contract Price if
taxes, duties, and other levies are changed between the date 28 days
before the submission of bids for the Contract and the date of the last
Completion certificate. The adjustment shall be the change in the
amount of tax payable by the Contractor, provided such changes are
not already reflected in the Contract Price or are a result of GCC
44.1.

43. Currencies 43.1 All payments shall be made in the currency specified in the PCC.

44. Price 44.1 Prices shall be adjusted for fluctuations in the cost of inputs only
Adjustment if provided for in the PCC. If so provided, the amounts certified in
each payment certificate, before deducting for Advance Payment,
shall be adjusted by applying the respective price adjustment factor
to the payment amounts due in each currency. A separate formula of
the type indicated below applies to each Contract currency:

Pc = Ac + Bc lmc/Ioc
where:
Pc is the adjustment factor for the portion of the Contract Price
payable in a specific currency “c.”
Ac and Bc are coefficients specified in the PCC, representing the
nonadjustable and adjustable portions, respectively, of the
Contract Price payable in that specific currency “c;” and
Imc is a consolidated index prevailing at the end of the month being
invoiced and Ioc is the same consolidated index prevailing 28
days before Bid opening for inputs payable; both in the specific
currency “c.”

44.2 If the value of the index is changed after it has been used in a
calculation, the calculation shall be corrected and an adjustment
made in the next payment certificate. The index value shall be
deemed to take account of all changes in cost due to fluctuations in
costs.

45. Retention 45.1 The Employer shall retain from each payment due to the
Contractor the proportion stated in the PCC until Completion of the
whole of the Works.

45.2 Upon the issue of a Certificate of Completion of the Works by the

Project Manager, in accordance with GCC 52.1, half the total amount
retained shall be repaid to the Contractor and half when the Defects
Liability Period has passed and the Project Manager has certified that all
Defects notified by the Project Manager to the Contractor before the
end of this period have been corrected. The Contractor may substitute
retention money with an “on demand” bank guarantee.

16
Section 6: General Condition of Contract

46. Liquidated 46.1 The Contractor shall pay liquidated damages to the Employer at
Damages the rate per day stated in the PCC for each day that the Completion
Date is later than the Intended Completion Date. The total
amount of liquidated damages shall not exceed the amount defined
in the PCC. The Employer may deduct liquidated damages from
payments due to the Contractor. Payment of liquidated damages
shall not affect the Contractor’s liabilities.

46.2 If the Intended Completion Date is extended after liquidated damages

have been paid, the Project Manager shall correct any overpayment of
liquidated damages by the Contractor by adjusting the next payment
certificate. The Contractor shall be paid interest on the overpayment,
calculated from the date of payment to the date of repayment, at the
rates specified in GCC 40.1.

47. Bonus 47.1 The Contractor shall be paid a Bonus calculated at the rate
per calendar day stated in the PCC for each day (less any days for
which the Contractor is paid for acceleration) that the Completion is
earlier than the Intended Completion Date. The Project Manager shall
certify that the Works are complete, although they may not be due to
be complete.

48. Advance 48.1 The Employer shall make advance payment to the Contractor of the
Payment amounts stated in the PCC by the date stated in the PCC, against
provision by the Contractor of an unconditional bank guarantee in a
form and by a bank acceptable to the Employer in amounts and
currencies equal to the advance payment. The guarantee shall remain
effective until the advance payment has been repaid, but the amount
of the guarantee shall be progressively reduced by the amounts
repaid by the Contractor. Interest shall not be charged on the advance
payment.

48.2 The Contractor is to use the advance payment only to pay for
Equipment, Plant, Materials, and mobilization expenses required
specifically for execution of the Contract. The Contractor shall
demonstrate that advance payment has been used in this way by
supplying copies of invoices or other documents to the Project
Manager.

48.3 The advance payment shall be repaid by deducting proportionate

amounts from payments otherwise due to the Contractor, following
the schedule of completed percentages of the Works on a payment
basis. No account shall be taken of the advance payment or its
repayment in assessing valuations of work done, Variations, price
adjustments, Compensation Events, Bonuses, or Liquidated
Damages.

49. Securities 49.1 The Performance Security shall be provided to the Employer
no later than the date specified in the Letter of Acceptance and shall
17
Section 6: General Condition of Contract

be issued in an amount specified in the PCC, by a bank acceptable to

the Employer, and denominated in the types and proportions of the
currencies in which the Contract Price is payable. The Performance
Security shall be valid until a date 28 days from the date of issue of the
Certificate of Completion in the case of a bank guarantee.

50. Dayworks 50.1 If applicable, the Dayworks rates in the Contractor’s Bid shall
be used for small additional amounts of work only when the Project
Manager has given written instructions in advance for additional
work to be paid for in that way.

50.2 All work to be paid for as Dayworks shall be recorded by the

Contractor on forms approved by the Project Manager. Each
completed form shall be verified and signed by the Project Manager
within two days of the work being done.

50.3 The Contractor shall be paid for Dayworks subject to obtaining signed
Dayworks forms.

51. Cost of Repairs 51.1 Loss or damage to the Works or Materials to be incorporated in
the Works between the Start Date and the end of the Defects
Correction periods shall be remedied by the Contractor at the
Contractor’s cost if the loss or damage arises from the Contractor’s
acts or omissions.

E. Finishing the Contract

52. Completion 52.1 The Contractor shall request the Project Manager to issue a
certificate of Completion of the Works, and the Project Manager shall
do so upon deciding that the work is completed.

53. Taking Over 53.1 The Employer shall take over the Site and the Works within seven
days of the Project Manager’s issuing a certificate of Completion.

54. Final Account 54.1 The Contractor shall supply the Project Manager with a
detailed account of the total amount that the Contractor considers
payable under the Contract before the end of the Defects Liability
Period. The Project Manager shall issue a Defects Liability
Certificate and certify any final payment that is due to the
Contractor within 56 days of receiving the Contractor’s account if
it is correct and complete. If it is not, the Project Manager shall
issue within 56 days a schedule that states the scope of the
corrections or additions that are necessary. If the Final Account is
still unsatisfactory after it has been resubmitted, the Project Manager
shall decide on the amount payable to the Contractor and issue a
payment certificate.

55. Operating
50. and 55.1 If “as built” Drawings and/or operating and maintenance manuals are
Maintenance required, the Contractor shall supply them by the dates stated in the
18
Section 6: General Condition of Contract

Manuals PCC.
55.2 If the Contractor does not supply the Drawings and/or manuals by the
dates stated in the PCC pursuant to GCC 55.1, or they do not receive
the Project Manager’s approval, the Project Manager shall withhold the
amount stated in the PCC from payments due to the Contractor.

56. Termination 56.1 The Employer or the Contractor may terminate the Contract if the other
party causes a fundamental breach of the Contract.

56.2 Fundamental breaches of Contract shall include, but shall not be

limited to, the following:

(a) the Contractor stops work for 28 days when no stoppage of

work is shown on the current Program and the stoppage has not
been authorized by the Project Manager;

(b) the Project Manager instructs the Contractor to delay the

progress of the Works, and the instruction is not
withdrawn within 28 days;

(c) the Employer or the Contractor is made bankrupt or goes into

liquidation other than for a reconstruction or amalgamation;

(d) a payment certified by the Project Manager is not paid by the

Employer to the Contractor within 84 days of the date of the
Project Manager’s certificate;

(e) the Project Manager gives Notice that failure to correct a

particular Defect is a fundamental breach of Contract and the
Contractor fails to correct it within a reasonable period of time
determined by the Project Manager;

(f) the Contractor does not maintain a Security, which is

required;

(g) the Contractor has delayed the completion of the Works by the
number of days for which the maximum amount of liquidated
damages can be paid, as defined in the PCC, and

(h) if the Contractor, in the judgment of the Employer has

engaged in corrupt or fraudulent practices in competing for or in
executing the Contract, pursuant to GCC 57.1.
56.3 When either party to the Contract gives notice of a breach of
Contract to the Project Manager for a cause other than those listed
under GCC 56.2 above, the Project Manager shall decide whether the
breach is fundamental or not.

56.4 Notwithstanding the above, the Employer may terminate the Contract
for convenience.
19
Section 6: General Condition of Contract

56.5 If the Contract is terminated, the Contractor shall stop work

immediately, make the Site safe and secure, and leave the Site as
soon as reasonably possible.

57. Fraud and 57.1 The Employer requires that the Contractor including subcontractors
Corruption observe the highest standard of ethics during the procurement and
execution of contracts. In pursuit of this policy, the Employer:

(a) defines, for the purposes of this provision, the terms set forth
below as follows:

1. “corrupt practice” means the offering, giving, receiving, or

soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;

2. “fraudulent practice” means any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation;

3. “coercive practice” means impairing or harming, or

threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly the
actions of a party;

4. “collusive practice” means an arrangement between two or

more parties designed to achieve an improper purpose,
including influencing improperly the actions of another party.

(b) will sanction a firm or individual, including declaring

them ineligible, either indefinitely or for a stated period of time,
to be awarded a contract funded by the Employer if it at any time
determines that they have, directly or through an agent, engaged
in corrupt, fraudulent, collusive or coercive practices in competing
for, or in executing, a contract funded by the Employer.

58. Payment and 58.1 If the Contract is terminated because of a fundamental breach of
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 PCC. Additional Liquidated
Damages shall not apply. If the total amount due to the Employer
exceeds any payment due to the Contractor, the difference shall be a
debt payable to the Employer.

58.2 If the Contract is terminated for the Employer’s convenience or

because of a fundamental breach of Contract by the Employer, the
Project Manager shall issue a certificate for the value of the work done,
20
Section 6: General Condition of Contract

Materials ordered, the reasonable cost of removal of Equipment,

repatriation of the Contractor’s personnel employed solely on the
Works, and the Contractor’s costs of protecting and securing the
Works, and less advance payments received up to the date of the
certificate.

59. Property 59.1 All Materials on the Site, Plant, Equipment, Temporary
Works, and Works shall be deemed to be the property of the
Employer if the Contract is terminated because of the Contractor’s
default.

60. Release from 60.1 If the Contract is frustrated by the outbreak of war or by any
Performance other event entirely outside the control of either the Employer or the
Contractor, the Project Manager shall certify that the Contract has
been frustrated. The Contractor shall make the Site safe and stop
work as quickly as possible after receiving this certificate and shall
be paid for all work carried out before receiving it and for any work
carried out afterwards to which a commitment was made.

21
Section 7: Particular Conditions of Contract

Section 7 - Particular Conditions of Contract

The following Particular Conditions of Contract shall supplement the General Conditions of Contract
(GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.
Section 7: Particular Conditions of Contract

Particular Conditions of Contract

A. General

GCC 1.1 The Employer is: Electricidade de Timor-Leste (EDTL) under

(p) Ministry of Public Works on Behalf of the Government of the
Democratic Republic of Timor-Leste
GCC 1.1 (t) The Intended Completion Date reckoned from the Start Date, shall be: 180
DAYS

GCCs 1.1 The Project Manager is: Mr. Julio Savio

(z) & 4.1
GCC 1.1 The Site is defined in the Drawings.
(bb)
GCC 1.1 The Start Date shall be : 14 days from issuance or receipt of Notice to
(ee) Proceed (NTP) from the Employer

GCC 1.1 Please refer to the Drawings, Technical Specifications, and Bill of
(o) Quantities.

GCC 2.2 Sectional Completions are: NOT APPLICABLE

GCC 2.3(i) The following documents also form part of the Contract: NIL

GCC 3.1 The language of the contract is ENGLISH

The law that applies to the Contract is the LAW OF THE
DEMOCRATIC REPUBLIC OF TIMOR-LESTE

GCC 8.1 Schedule of other contractors shall be advised by the Employer before the
Start Date.
GCC 14.1 Site Investigation Reports are: NIL
GCC 17.1 The following shall be designed by the Contractor: NOT APPLICABLE
GCC 20.1 The Contractor is deemed given Possession of Site when the Contractor
receives the Notice to Proceed from the Employer.
GCC 24.4 Any dispute between the Employer and the Contractor arising in
connection with the Contract shall be resolved in accordance with the laws
of the democratic Republic of Timor-Leste.

B. Time Control

GCC 25.1 The Contractor shall submit any proposed updates to the Work
Completion Program submitted with the bid within 14 DAYS from the
Start Date.
Section 7: Particular Conditions of Contract

GCC 25.3 The period between Program updates is: 2 Months

The amount to be withheld for late submission of an updated Program is

USD 5,000.00

C. Quality Control

GCC 33.1 The Defects Liability Period is: ONE HUNDRED EIGHTY (180) DAYS

D. Cost Control

GCC 43.1 The currency for payment is: UNITED STATES DOLLAR (USD)
GCC 45.1 The proportion of payments retained is: TEN PERCENT (10%)

GCC 46.1 The liquidated damages for the whole of the Works are ONE-TENTH
OF ONE PERCENT OF THE INITIAL CONTRACT PRICE PER
DAY. The maximum amount of liquidated damages for the whole of the
Works is ten percent (10%) of the final Contract Price.
GCC 47.1 Not Applicable

GCC 48.1 TWENTY PERCENT (20%) of the Initial Contract Amount

The Employer shall recoup the advance payment by deducting from each
progress payment an amount equivalent to 25 % of the gross value of each
progress payment, until such time as the advance payment has been repaid.
GCC 49.1 The Performance Security amount is FIVE PERCENT (5%) OF THE
ACCEPTED CONTRACT PRICE.

The issuing bank must be a bank located in the Democratic Republic of

Timor-Leste.

3
Section 8: Contract Forms

Section 8 - Contract Forms

Table of Forms

Letter of Acceptance………………………………………………………………………………..2

Contract Agreement………………………………..……………………………………………….3

Performance Security……………………………………………………………………………..4

Advance Payment Security…………………………………………………………………….........5

Section 8: Contract Forms

Letter of Acceptance
[on letterhead paper of the Employer]

. . . . . . . date. . . . . . .

To: . . . . . . . . . . name and address of the Contractor ……………………….

Subject: . . . . . . . . . . Notification of Award Contract No. . . . . . . . . . .

This is to notify you that your Bid dated . . . . date . . . . consisting of the Technical and Price Bids for
execution of the . . . . . . . . . .name of the contract and identification number, as given in the Contract
Data . . . . . . . . . . for the Accepted Contract Amount of the equivalent of . . . . . . . . .amount in
numbers and words and name of currency . . . . . . . . ., as corrected and modified in accordance with
the Instructions to Bidders is hereby accepted by the Employer.

You are requested to furnish the Performance Security within 7 days in accordance with the
Conditions of Contract, using for that purpose the of the Performance Security Form included in
Section 8 (Contract Forms) of the Bidding Documents.

Authorized Signature:
………………………………………………………

Name and Title of Signatory: ....................................................................

Attachment: Contract
Agreement

2
Section 8: Contract Forms

Contract Agreement

THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . . . name of the

Employer. . . . .. . . . . (hereinafter “the Employer”), of the one part, and . . . . . name of the Contractor. . . .
.(hereinafter “the Contractor”), of the other part:

WHEREAS the Employer desires that the Works known as . . . . . name of the Contract. . . . .should be executed by
the Contractor, and has accepted a Bid by the Contractor for the execution and completion of these Works and the
remedying of any defects therein,

The Employer and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.

- the Letter of Acceptance

- the Letters of Technical Bid and Price Bid
- the Addenda Nos . . . . . insert addenda numbers if any..................
- the Particular Conditions
- the General Conditions
- the Specification
- the Drawings
- the completed Schedules, and

- other relevant documents deemed necessary

3. In consideration of the payments to be made by the Employer to the Contractor as

indicated in this Agreement, the Contractor hereby covenants with the Employer to
execute the Works and to remedy defects therein in conformity in all respects with the
provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of the Works and the remedying of defects therein, the Contract Price or
such other sum as may become payable under the provisions of the Contract at the times
and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance
with the laws of the Democratic Republic of Timor Leste on the day, month and year indicated above.

Signed by .................................................................. Signed

by
for and on behalf of the Employer for and on behalf the Contractor
in the presence of in the presence of

Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date

3
Section 8: Contract Forms

Performance Security

................................... Bank’s Name, and Address of Issuing Branch or Office.................................

Beneficiary: ...................................... Name and Address of Employer...............................................
Date: ..............................................................................................................................................
Performance Guarantee No.:.............................................................................................................

We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called "the
Contractor") has entered into Contract No. . . . . . reference number of the Contract. . . . . dated . . . . .
. . .with you, for the execution of . . . . . . name of contract and brief description of Works. . . . . (hereinafter
called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance

guarantee is required.

At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably undertake to pay
you any sum or sums not exceeding in total an amount of . . . . . name of the currency and amount in
figures*. . . . . . (. . . . . amount in words. . . . . ) such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Contractor is in breach of its obligation(s)
under the Contract, without your needing to prove or to show grounds for your demand or the sum
specified therein.

This guarantee shall expire, no later than the . . . . . Day of . . . . . . . . . . , . . . . . . **, and any
demand for payment under it must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand
Guarantees, ICC Publication No. 758, except that subparagraph (ii) of Sub-article 20(a) is
- 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 in USD representing the percentage of the Contract Price.
2 Insert the date twenty-eight days after the expected completion date.

hereby excluded. Seal of Bank and Signature(s)

4
Section I: Instruction to Bidders

Advance Payment Security

……………………………………………………………Bank’s Name, and Address of Issuing Branch or

Office ……………………………………………………...
Beneficiary: ………………………….Name and Address of
Employer……………………………………………………………………………..
Date:
………………………………………………………………………………………………………
Advance Payment Guarantee No.:
…………………………………………………………………………………………….……………………..
We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called "the
Contractor") has entered into Contract No. . . . . . reference number of the Contract. . . . . dated . . . .
. . . .with you, for the execution of . . . . . . name of contract and brief description of Works. . . . .
(hereinafter called "the Contract").
Furthermore, we understand that, according to the Conditions of the Contract, an advance payment
in the sum . . . . . name of the currency and amount in figures*. . . . . . (. . . . . amount in words. . . . . ) is to be
made against an advance payment guarantee.

At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of . . . . . name of the currency and
amount in figures*. . . . . . (. . . . . amount in words. . . . . ) upon receipt by us of your first demand in
writing accompanied by a written statement stating that the Contractor is in breach of its obligation
under the Contract because the Contractor used the advance payment for purposes other than the
costs of mobilization in respect of the Works.

It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Contractor on its account number . . . . .
Contractor’s account number. . . . . at . . . . . name and address of the Bank. . . . . .
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance
payment repaid by the Contractor as indicated in copies of interim statements or payment certificates
which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of
the interim payment certificate indicating that eighty (80) percent of the Contract Price has been
certified for payment, or on the ……... day of ……………..……….**, whichever is earlier.
Consequently, any demand for payment under this guarantee must be received by us at this office on
or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
758.
Seal of Bank and Signature(s)
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.
1 The Guarantor shall insert an amount in USD representing the amount of the advance payment.
2 Insert the expected expiration date of the Tim