Job Description

MEDICOS DEL MUNDO, KABALA, SIERRA LEONE OFFICE

MAKENI -KABALA HIGHWAY, KABALAKOINADUGU DISTRICT, NORTHERN PROVINCE, SIERRA LEONE, 

WEST AFRICA

Contact Email: collinsharry56@gmail, com

Contact Mobile Phone No: +232 78-255577.

ADVERT FOR WORKS.

The Medicos Del Mundo, Kabala, Sierra Leone has received financing from its donors towards the cost of support to improving health facilities in Koinadugu and Falaba Districts. 

Medicos Del Mundo, Kabala, Sierra Leone, Office now invites sealed bids from eligible contractors for the afore mentioned works, and partial quotation shall be declared nonresponsive. 

Interested bidders may obtain further information and inspect the bidding document at the address below between 8:30 am and 4:00pm from Monday to Friday.  MEDICO DEL MUNDO OFFICE KABALA, MAKENI HIGHWAY, Opposite Blind School, KABALA

DEADLINE 8th MAY,2026.

A complete set of bidding documents in English may be Found at the Website www.career.sl.

KINDLY SUBMIT THE THREE LOT OF WORK IN DIFFERENT ENVELOPS- 

MARK LOT 1, LOT 2 AND LOT 3 WITH THE REFERENCE NUMBERS RESPECTIVELY.

Proposed Site visit date is as follows:

27th April 2026 – Thelia, Kamukeh Chiefdom – 1pm

28th April 2026 – DHMT KABALA- 9am

29TH April 2026- Koindukura, Falaba District – 9am

Address: Makeni-Kabala Highway, Kabala (opposite Blind School). 

KABALA.

LOGOSTICS DEPARTMENT. 

FOR ANY FURTHER CLARIFICATION. 

Contact: Logistics Department.

FIELD BASE LOGISTICIANS

Hassan YUSUF FENGAI

Contact: +23276071957

OR

HASSAN ENGINEER

+232 78-255577.

      MEDICOS DEL MUNDO, KABALA, SIERRA LEONE OFFICE

MAKENI -KABALA HIGHWAY, KABALA

KOINADUGU DISTRICT, NORTHERN PROVINCE, SIERRA LEONE,

WEST AFRICA

EMAIL: collinsharry56@gmail.com

CONTACT: +232 78-255577

Standard Bidding Documents

Medicos Del Mundo (MDM) Kabala,                     Sierra Leone, Office

Project Name: Support To Improving Health Services Infrastructure in Koinadugu and Falaba Districts Respectively.

INVITATION FOR BIDS (IFB)

Medicos Del Mundo (MDM). Kabala, Sierra Leone, Office.

Date of First Issue: 15^th April, 2026  

The Medicos Del Mundo, Kabala, Sierra Leone has received financing from its donors towards the cost of support to improving health facilities in Koinadugu and Falaba Districts and intends to apply part of the proceeds towards the payments under the contract:

Medicos Del Mundo, Kabala, Sierra Leone, Office now invites sealed bids from eligible contractors for the works, and partial quotation shall be declared nonresponsive. Bidding is open to all contractors who can demonstrate adequate capacity to deliver the said works including the under listed criteria:

1. Nationality of an eligible Country (Sierra Leone)
2. Bidder must not have been debarred by NPPA or other reputable institution certified by the employer.
3. Evidence of similar works that have been successfully and substantially completed within the last 24 months.

Interested bidders may obtain further information and inspect the bidding document at the address below between 8:30 am and 4:00pm from Monday to Friday.

A complete set of bidding documents in English may be found at the website WWW.Career.sl

Bids must be delivered to the address below on or before 8^th May, 2026 at 17: 00 p.m.

All bids must be accompanied by:

• A Valid Business Registration Certificate
• Bid Security is indicated in the table above from a Reputable Commercial Bank;
• A Valid Tax Clearance Certificate NRA;
• Local Council Registration Certificate (as per locality of bidder)
• A Valid Works Certificate from Ministry of Works, Housing and Infrastructure (Financial Class Premier or Minimum Class C)
• A valid NASSIT clearance certificate
• A signed Integrity Pact; [see attached]
• ESMP-Contractor Specific
• Site Visit Form Signed and Stamp
• Audited Financial Statement for the Last three years and Line of Credit for a Commercial Bank in Sierra Leone.
• [list all other required documents and samples where applicable]

Bids will be publicly opened on the 12^th May, 2026 at 10:30 am in the presence of the bidders designated representatives and anyone who chooses to attend, at the address below. Late bids will be rejected and returned unopened to bidders.

Makeni-Kabala Highway, Kabala (opposite Blind School)

Procurement Unit

Procurement/Logistics Base – 

Hassan Fengai

Contact: +23276071957

Consultant Engineer

Ing. Hassan Kamara

Contact: +23278255577

      MEDICOS DEL MUNDO, KABALA, SIERRA LEONE OFFICE

MAKENI -KABALA HIGHWAY, KABALA

KOINADUGU DISTRICT, NORTHERN PROVINCE, SIERRA LEONE,

WEST AFRICA

EMAIL: collinsharry56@gmail.com

CONTACT: +232 78-255577

Standard Bidding Documents

Medicos Del Mundo (MDM) Kabala,                     Sierra Leone, Office

Project Name: Support To Improving Health Services Infrastructure in Koinadugu and Falaba Districts Respectively.

INVITATION FOR BIDS (IFB)

Medicos Del Mundo (MDM). Kabala, Sierra Leone, Office.

Date of First Issue: 15^th April, 2026  

The Medicos Del Mundo, Kabala, Sierra Leone has received financing from its donors towards the cost of support to improving health facilities in Koinadugu and Falaba Districts and intends to apply part of the proceeds towards the payments under the contract:

Medicos Del Mundo, Kabala, Sierra Leone, Office now invites sealed bids from eligible contractors for the works, and partial quotation shall be declared nonresponsive. Bidding is open to all contractors who can demonstrate adequate capacity to deliver the said works including the under listed criteria:

1. Nationality of an eligible Country (Sierra Leone)
2. Bidder must not have been debarred by NPPA or other reputable institution certified by the employer.
3. Evidence of similar works that have been successfully and substantially completed within the last 24 months.

Interested bidders may obtain further information and inspect the bidding document at the address below between 8:30 am and 4:00pm from Monday to Friday.

A complete set of bidding documents in English may be found at the website WWW.Career.sl

Bids must be delivered to the address below on or before 8^th May, 2026 at 17: 00 p.m.

All bids must be accompanied by:

• A Valid Business Registration Certificate
• Bid Security is indicated in the table above from a Reputable Commercial Bank;
• A Valid Tax Clearance Certificate NRA;
• Local Council Registration Certificate (as per locality of bidder)
• A Valid Works Certificate from Ministry of Works, Housing and Infrastructure (Financial Class Premier or Minimum Class C)
• A valid NASSIT clearance certificate
• A signed Integrity Pact; [see attached]
• ESMP-Contractor Specific
• Site Visit Form Signed and Stamp
• Audited Financial Statement for the Last three years and Line of Credit for a Commercial Bank in Sierra Leone.
• [list all other required documents and samples where applicable]

Bids will be publicly opened on the 12^th May, 2026 at 10:30 am in the presence of the bidders designated representatives and anyone who chooses to attend, at the address below. Late bids will be rejected and returned unopened to bidders.

Makeni-Kabala Highway, Kabala (opposite Blind School)

Procurement Unit

Procurement/Logistics Base – 

Hassan Fengai

Contact: +23276071957

Consultant Engineer

Ing. Hassan Kamara

Contact: +23278255577

Table of Contents

Section I.  Instructions to Bidders…………………………………………………………………… 5

Section II.  Bidding Data………………………………………………………………………………. 16

Section III.  Evaluation and Qualification Criteria………………………………………… 21

Section IV.  Standard Forms…………………………………………………………………………. 35

Section V. Conditions of Contract…………………………………………………………………. 50

Section VI.  Contract Data……………………………………………………………………………. 65

Section VII.  Specifications……………………………………………………………………………. 68

Section VIII.  Drawings………………………………………………………………………………… 75

Section IX.  Bill of Quantities………………………………………………………………………… 76

Section X. Bank Guarantee Form for Advance Payment……………………………….. 78

Section XI. Format for Bid Security……………………………………………………………… 79

Section XII.  Eligibility and Qualification Form………………………………………………. 1

Section XIII. Integrity Pact Form..……..…………………………………………..688

Section XIV. Declaration of Conflict of Interest Form………….…………………60

Section I.  Instructions to Bidders

Table of Clauses

1. Scope of Bid and Funding……………………………. Error! Bookmark not defined.
2. Eligible Bidders………………………………………….. Error! Bookmark not defined.
3. Qualification of Bidder………………………………… Error! Bookmark not defined.
4. One Bid per Bidder……………………………………… Error! Bookmark not defined.
5. Cost of Bidding…………………………………………… Error! Bookmark not defined.
6. Site Visit……………………………………………………. Error! Bookmark not defined.
7. Content of Bidding Documents…………………….. Error! Bookmark not defined.
8. Clarification and Amendments of Bidding Documents Error! Bookmark not defined.
9. Language of Bid…………………………………………. Error! Bookmark not defined.
10. Documents Comprising the Bid……………………. Error! Bookmark not defined.
11. Bid Prices…………………………………………………… Error! Bookmark not defined.
12. Currency of Bid & Payment…………………………. Error! Bookmark not defined.
13. Bid Validity……………………………………………….. Error! Bookmark not defined.
14. Bid Security………………………………………………………………………………………….. 10
15. Format and Signing of Bid…………………………… Error! Bookmark not defined.
16. Sealing and Marketing of Bids……………………… Error! Bookmark not defined.
17. Deadline for Submission of Bids…………………… Error! Bookmark not defined.
18. Late Bids……………………………………………………. Error! Bookmark not defined.
19. Modification and Withdrawal of Bids……………. Error! Bookmark not defined.
20. Bid Opening……………………………………………….. Error! Bookmark not defined.
21. Process to be Confidential……………………………. Error! Bookmark not defined.
22. Clarification of Bids……………………………………. Error! Bookmark not defined.
23. Examination of Bids and Determination of Responsiveness Error! Bookmark not defined.
24. Correction of Errors…………………………………….. Error! Bookmark not defined.
25. Evaluation and Comparison of Bids………………. Error! Bookmark not defined.
26. Award Criteria……………………………………………. Error! Bookmark not defined.
27. Employer’s Right to Accept any Bid and to Reject any or all Bids Error! Bookmark not defined.
28. Notification of Award and Signing of Agreement Error! Bookmark not defined.
29. Advance Payment……………………………………….. Error! Bookmark not defined.

Section I. Instruction to Bidders

1. Scope of Bid and Funding

1.1. The Employer, as defined in the Bidding Data, invites bids for the construction of Works, as described in the Bidding Data.  The name and identification number of the Contract is provided in the Bidding Data.

1.2    The successful Bidder will be expected to complete the Works by the Required Completion Date specified in the Contract Data.

1.3    Details of any funding provided to cover eligible payments under the Contract in addition to that provided by the Government of Sierra Leone are given in the Bidding Data

2. Eligible Bidders

2.1 This invitation to Bid is open to all national bidders with the required classification as given in the Bidding Data.

3. Qualification of the Bidder

3.1 All bidders shall provide in accordance with Section III of the Bidding Document, Qualification Information, a preliminary description of the proposed work method and schedule, including drawings and charts, as necessary.

3.2 To qualify for award of the Contract, bidders shall meet the following minimum annual volume of construction work during past two years of at least the amount specified in the Bidding Data; experience as prime contractor in the construction of at least one works of a nature and complexity equivalent to the Works over the last 2 years (to comply with this requirement, works cited should be at least 80 percent complete); proposals for the timely acquisition (own, lease, hire, etc.) of the essential equipment listed in the Bidding Data; and key personnel required for the performance of the contract with the qualifications and experience detailed in the Bidding Data;

4. One Bid per Bidder

4.1 Each Bidder shall submit only one Bid, either individually or as a partner in a joint venture.  A Bidder who submits or participates in more than one Bid will be disqualified.  Partners in a joint venture shall be jointly and severally liable for the execution of the Contract.

5. Cost of Bidding

5.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer will in no case be responsible or liable for those costs.

6. Site Visit

6.1  The Bidder, at the Bidder’s own responsibility and risk, is encouraged to visit and examine the Site of Works and its surroundings and obtain all information (which may include availability and access to local materials that may be necessary for preparing and entering into a contract for construction of the Works.  The costs of visiting the Site shall be at the Bidder’s own expense.

Schedule for site Visit is as follows

7. Contents of Bidding Documents

7.1 The set of bidding documents comprises the documents listed in the table below and addenda issued in accordance with Clause 8:

Section                       Content

I           Instruction to Bidders

II         Bidding Data

III        Evaluation and Qualification Criteria

IV        Standard Forms

V         Conditions of Contract

VI        Contract Data

VII      Specifications

VIII     Drawings

IX        Bill of Quantities

X         Bank Guarantee Form Advance Payment

XI         Format for Bid Security

XII       Eligibility and Qualification Form

8. Clarification and Amendments of Bidding Documents

8.1 A prospective bidder may request the Employer in writing for clarification of the bidding documents.  The Employer shall respond to such requests if he receives them 14 calendar days prior to the deadline for the submission of bids.  The Employer shall also send copies of his response to all those bidders who have obtained the bidding documents without identifying the originator of the request.  Similarly, prior to the submission of the deadline, the Employer may modify the bidding documents by issuing addenda.

9. Language of Bid

9.1 All documents relating to the Bid and contract shall be in English.

10. Documents Comprising the Bid

10.1 The Bid submitted by the Bidder shall comprise the following:

The Bid (in the format indicated in Section IV);

Bid Security (Section XI);

Priced Bill of Quantities or priced Activity Schedule (Section IX);

Qualification Information Form and Documents (Section XII); and

any other materials required to be completed and submitted by bidders, as specified in the Bidding Data.

11. Bid Prices

11.1 The Contract shall be for whole Works, as described in Sub-Clause 1.1, based on the priced Bill of Quantities or priced Activity Schedule for lump sum contracts submitted by the Bidder.  The type of contract (unit price based on Bill of Quantities or lump sum based on Activity Schedule) will be specified in the Bidding Data

11.2 The Bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities (for lump sum contracts, described in the drawings and specifications listed in the Activity Schedule).  Items for which no rate or price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities or Activity Schedule.

11.3 All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 14 calendar days prior to the deadline for submission of bids, shall be included in the rates, prices, and total Bid price submitted by the Bidder (for lump sum contracts, “the rates and prices” are not applicable).

11.4 The rates and prices (or the lump sum price) quoted by the Bidder shall be fixed for the duration of the Contract and shall not be subject to any adjustment on any account.

12. Currency of Bid and Payment

12.1 Prices shall be quoted and payments made entirely in Leones.

13. Bid Validity

13.1     Bids shall remain valid for the period specified in the Bidding Data.  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. 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 14 in all respects.

14. Bid Security

14.1 The Bidder shall furnish, as part of the Bid, a Bid Security in Leones or in a freely convertible currency, in the amount or the equivalent amount specified in the Bidding Data.

14.2 The Bid Security shall, at the Bidder’s option, be in the form of a certified banker’s cheque or a bank guarantee from a reputable bank or credible Financial Institution located in the Republic of Sierra Leone. Bank guarantees issued by foreign banks shall only be acceptable if endorsed by a correspondent bank in the Republic of Sierra Leone.  The format of the Bid Security should be in accordance with the form of Bid Security included in Section XI. Bid Security shall be valid for a minimum of 28 days beyond the validity of the Bid.

14.3 Any bid not accompanied by an acceptable Bid Security shall be rejected by the Employer.  The Bid Security of a joint venture must define as “bidder” all joint venture partners and list them in the following manner:  a joint venture consisting of “______,” “______,” and “______”.

14.4 The Bid Security of unsuccessful bidders will be returned within 28 days of the end of the Bid validity period specified in Sub-Clause 13.1.

14.5 The Bid Security of the successful Bidder will be discharged when the Bidder has signed the Agreement and furnished the required Performance Security.

14.6 The Bid Security may be forfeited

(a)        if the Bidder withdraws the Bid after Bid opening during the period of Bid validity;

(b)        if the Bidder does not accept the correction of the Bid price, pursuant to Clause 24; or

(c)        in the case of a successful Bidder, if the Bidder fails within the specified time limit to

(i)         sign the Agreement; or

(ii)        furnish the required Performance Security.

15. Format and Signing of Bid

15.1 The Bidder shall prepare one original of the documents comprising the Bid as described in Clause 10 of these to Bidders, with the Form of Bid, and clearly marked “ORIGINAL”.  In addition, the Bidder shall submit copies of the Bid, in the number specified in the Bidding Data, and clearly marked as “COPIES”.  In the event of discrepancy between them, the original shall prevail

15.2 The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder.  All pages of the Bid where entries or amendments have been made shall be initialled by the person or persons signing the Bid.

15.3 The Bid shall contain no alterations or additions, except those to comply with instructions issued by the Employer, or as necessary to correct errors made by the Bidder, in which case such corrections shall be initialled by the person or persons signing the Bid.

16. Sealing and Marking of Bids

16.1 The Bidder shall seal the original and all copies of the Bid in two inner envelopes and one outer envelope, duly marking the inner envelopes as “ORIGINAL” and “COPIES”.

16.2 The inner and outer envelopes shall:

be addressed to the Employer at the address provided in the Bidding Data;

bear the name and identification number of the Contract as defined in the Bidding and Contract Data; and

provide a warning not to open before the specified time and date for Bid opening as defined in the Bidding Data.

16.3 In addition to the identification required in Sub-Clause 16.2, the inner envelopes shall indicate the name and address of the Bidder to enable the Bid to be returned unopened in case it is declared late, pursuant to Clause 18.1.

16.4 If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the Bid.

17. Deadline for Submission of Bids

17.1 Bids shall be delivered to the Employer at the address specified above no later than the time and date specified in the Bidding Data.

17.2 The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with Clause 8, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will then be subject to the new deadline.

18. Late Bids

18.1 Any Bid received by the Employer after the deadline prescribed in Clause 17 will be returned unopened to the Bidder.

19. Modification and Withdrawal of Bids

19.1 Bidders may modify or withdraw their bids by giving notice in writing before the deadline prescribed in Clause 17.

19.2 Each Bidder’s modification or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clauses 16 and 17, with the outer and inner envelopes additionally marked “MODIFICATION” or “WITHDRAWAL”, as appropriate.

19.3 No Bid may be modified after the deadline for submission of Bids

19.4 Withdrawal of a Bid between the deadline for submission of bids and the expiration of the period of Bid validity specified in the Bidding Data or as extended pursuant to Sub-Clause 17.2 may result in the forfeiture of the Bid Security pursuant to Clause 14.

19.5 Bidders may offer discounts, or otherwise modify the prices of their bids by submitting Bid modifications in accordance with this clause, or included in the original Bid submission.

20. Bid Opening

20.1 The Employer will open the bids, including modifications in the presence of the bidders’ representatives who choose to attend at the time and in the place specified in the Bidding Data.  The Bidders’ names, the Bid prices, the total amount of each Bid, any discounts, and Bid modifications and withdrawals the presence or absence of Bid Security will be announced by the Employer at the opening.

21. Process to Be Confidential

21.1 Information relating to the examination, clarification, evaluation, and comparison of bids and recommendations for the award of a contract shall not be disclosed until the award to the successful Bidder has been announced.

22. Clarification of Bids

22.1 To assist in the examination, evaluation, and comparison of Bids, the Employer may, at the Employer’s discretion, ask any Bidder for clarification of the Bidder’s Bid.  The request for clarification and the response shall be in writing or by cable, telex, or facsimile, but no change in the price or substance of the Bid shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids in accordance with Clause 24.

23. Examination of Bids and Determination of Responsiveness

23.1 Prior to the detailed evaluation of bids, the Employer will determine whether each Bid is substantially responsive to the requirements of the bidding documents and the requirement for the submission of a bid security.  A substantially responsive Bid is one that conforms to all the terms, conditions, and specifications of the bidding documents, without material deviation or reservation.  A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any substantial way, inconsistent with the bidding documents, the Employer’s rights or the Bidder’s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids.

23.2 If a Bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the non-conforming deviation or reservation.

24. Correction of Errors

24.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors.  Errors will be corrected by the Employer as follows:

where there is a discrepancy between the amounts in figures and in words, the amount in words will govern; and

where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern;

(c) if a bidder refuses to accept the correction his bid will be rejected, and the Bid Security may be forfeited in accordance with Sub-Clause 14.6(b).

25. Evaluation and Comparison of Bids

25.1 The Employer will evaluate and compare only the bids determined to be substantially responsive in accordance with Clause 23.

25.2 In evaluating the bids, the Employer will determine for each Bid the evaluated Bid price by adjusting the Bid price as follows:

making any correction for errors pursuant to Clause 24;

excluding provisional sums and the provision, if any, for contingencies in the Bill of Quantities (or Activity Schedule for lump sum contracts), but including Daywork, where priced competitively;

(c) making appropriate adjustments to reflect discounts or other price modifications offered in accordance with Sub-Clause 19.5.

25.3 The Employer may waive any minor informality or non-conformity which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative standing of any Bidder.  Variations, deviations, and alternative offers and other factors which are in excess of the requirements of the bidding documents or otherwise result in unsolicited benefits for the Employer will not be taken into account in Bid evaluation.

26. Award Criteria

26.1 Subject to Clause 27, the Employer will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the bidding documents and who has offered the lowest evaluated Bid price, provided that such Bidder has been qualified in accordance with the provisions of Clause 3.

27. Employer’s Right to accept any Bid and to reject any or all Bids

27.1 Notwithstanding Clause 26, the Employer reserves the right to accept or reject any Bid, and to cancel the bidding process and reject all bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or bidders or any obligation to inform the affected Bidder or bidders of the grounds for the Employer’s action.

28. Notification of Award and Signing of Agreement

28.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to expiration of the Bid validity period by registered letter.  This letter (hereinafter and in the Condition of Contract called the “Letter of Acceptance”) will state the sum that the Employer will pay the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the “Contract Price”).

28.2 The notification of award will constitute the formation of the Contract.

28.3 The Employer will send the successful Bidder the Agreement form provided in the bidding documents incorporating all agreements between the Employer and the successful Bidder.  It will be sent to the successful Bidder within 14 calendar days following the notification of award.  Within 14 calendar days of receipt, the successful Bidder will sign the Agreement and deliver it to the Employer.

28.4 Upon receipt of the signed Agreement from the Bidder, the Employer will promptly notify the other bidders that their bids have been unsuccessful.

29. Advance Payment

29.1 The Employer will provide an Advance Payment as stipulated in the Conditions of Contract, subject to a maximum amount, as stated in the Bidding Data.  For receiving the Advance Payment, the Bidder shall make an estimate of and include the requirement in its Bid, the expenses that will be incurred in order to commence work.  These expenses will relate to the purchase of equipment, machinery materials, and on the engagement of labour during the first month beginning with the date of the Employer’s “Notice to Proceed” as specified in the Contract data.

Note: Due diligence process will be carried out to ensure bidders meet the minimum required technical and financial capacity to execute contracts. This will include verification of submitted Advance Payment Guaranty with the bidders Bank for availability of funds.

Section II.  Bidding Data

Section III.  Evaluation and Qualification Criteria

This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders. No other factors, methods or criteria shall be used. The Bidder shall provide all the information requested in the forms included in Section V, Standard Forms and Eligibility and Qualification Form at Section XIII.

2. Qualification Tables (Without Prequalification)

The Bidder must demonstrate that it has the personnel for the key positions that meet the following requirements:

The Bidder shall provide details of the proposed personnel and their experience at Section IV Form B.

The Bidder must demonstrate that it has the key equipment required for these Works

The Bidder shall provide further details of proposed items of equipment by completing Section IV Form B.

Section IV.  Standard Forms

1. Contractor’s Bid
2. Qualification Information

B i.         Code of Conduct for Sub Project Contractor’s Personnel (ES) 

1. Letter of Acceptance
2. Agreement
3. ESHS – Management Strategies Implementation Plan
4. ESHS Performance Declaration

Standard Form A:    Contractor’s Bid

Notes on Form of Contractor’s Bid

The Bidder shall fill in and submit this Bid form with the Bid.

(Bidders letter headed paper)

_______________________________________2026

To                    : ___________________________________ [name of [Employer]

Address           :____________________________________ [insert Address]

__________________________________________________________________

We offer to execute the ______________ [name and identification number of Contract] in accordance with the Conditions of Contract accompanying this Bid for the Contract Price of ______________ [amount in numbers and words] Leones.

The advance payment required is:

This Bid and your written acceptance of it shall constitute a binding Contract between us.  We understand that you are not bound to accept the lowest or any Bid you receive.

We hereby confirm that this Bid complies with the Bid validity and Bid Security required by the bidding documents and specified in the Bidding Data.

Authorized Signature:

_______________________________________________________

Name and Title of Signatory:

_________________________________________________

Name of Bidder:

__________________________________________________________

Address:

__________________________________________________________________

Standard Form B:     Qualification Information

Notes on Form of Qualification Information

The information to be filled in by bidders in the following pages will be used for purposes of post-qualification as provided for in Clause 3 of the Instruction to Bidders.  This information will not be incorporated in the Contract.

1. Individual Bidders or Individual Members of Joint Venture

1.1.      Constitution or legal status of Bidder            [attach copy]

            Place of registration:                                                                           Principal place of business:

• Work performed as prime Contractor on works of a similar nature and volume of the last two years. Also list details of work under way or committed, including expected completion date.

• Major items of Contractor’s Equipment proposed for carrying out the Works. List all information requested below

• Qualifications and experience of key personnel proposed for administration and execution of the Contract

1.5       Proposed subcontracts and firms involved

1.6       Information on current litigation in which the Bidder is involved

1.7 Proposed Program (work method and schedule).  Descriptions, drawings, and charts, as necessary, to comply with the requirements of the bidding documents.

Form B i: Code of Conduct for Sub Project Contractor’s Personnel (ES)

The Bidder shall submit its Code of Conduct that will apply to Contractor’s Personnel (as defined in Sub-Clause ……….of the General Conditions of Contract), to ensure compliance with the Contractor’s Environmental and Social (ES) obligations under the Contract. The Bidder shall use for this purpose the Code of Conduct form provided in Section ………….  No substantial modifications shall be made to this form, except that the Bidder may introduce additional requirements, including as necessary to take into account specific Contract issues/risks.

Bidding Forms Code of Conduct

1. Code of Conduct for Sub Project Contractor’s Personnel (ES) Form

CODE OF CONDUCT FOR SUB PROJECT CONTRACTOR’S PERSONNEL

We are the Contractor, [enter name of Contractor].  We have signed a contract with [enter name of Employer] for [enter description of the Works]. These Works will be carried out at [enter the Site and other locations where the Works will be carried out]. Our contract requires us to implement measures to address environmental and social risks related to the Works, including the risks of sexual exploitation, sexual abuse and sexual harassment.

This Code of Conduct is part of our measures to deal with environmental and social risks related to the Works.  It applies to all our staff, labourers and other employees at the Works Site or other places where the Works are being carried out.  It also applies to the personnel of each subcontractor and any other personnel assisting us in the execution of the Works.  All such persons are referred to as “Contractor’s Personnel” and are subject to this Code of Conduct.

This Code of Conduct identifies the behaviour that we require from all Contractor’s Personnel.

Our workplace is an environment where unsafe, offensive, abusive or violent behaviour will not be tolerated and where all persons should feel comfortable raising issues or concerns without fear of retaliation.

REQUIRED CONDUCT

Contractor’s Personnel shall:

1. carry out his/her duties competently and diligently;
2. comply with this Code of Conduct and all applicable laws, regulations and other requirements, including requirements to protect the health, safety and well-being of other Contractor’s Personnel and any other person;
3. maintain a safe working environment including by:
   1. ensuring that workplaces, machinery, equipment and processes under each person’s control are safe and without risk to health;
   2. wearing required personal protective equipment;
   3. using appropriate measures relating to chemical, physical and biological substances and agents; and
   4. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove himself/herself from a work situation which he/she reasonably believes presents an imminent and serious danger to his/her life or health;
5. treat other people with respect, and not discriminate against specific groups such as women, people with disabilities, migrant workers or children;
6. not engage in Sexual Harassment, which means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature with other Contractor’s or Employer’s Personnel;
7. not engage in Sexual Exploitation, which means any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another;
8. not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions;
9. not engage in any form of sexual activity with individuals under the age of 18, except in case of pre-existing marriage;
10. complete relevant training courses that will be provided related to the environmental and social aspects of the Contract, including on health and safety matters, Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH);
11. report violations of this Code of Conduct; and
12. not retaliate against any person who reports violations of this Code of Conduct, whether to us or the Employer, or who makes use of the grievance mechanism for Contractor’s Personnel or the project’s Grievance Redress Mechanism.

RAISING CONCERNS

If any person observes behaviour that he/she believes may represent a violation of this Code of Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be done in either of the following ways:

1. Contact [enter name of the Contractor’s Social Expert with relevant experience in handling sexual exploitation, sexual abuse and sexual harassment cases, or if such person is not required under the Contract, another individual designated by the Contractor to handle these matters] in writing at this address [ ] or by telephone at [   ] or in person at [   ]; or
2. Call [ ] to reach the Contractor’s hotline (if any) and leave a message.

The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country law. Anonymous complaints or allegations may also be submitted and will be given all due and appropriate consideration. We take seriously all reports of possible misconduct and will investigate and take appropriate action. We will provide warm referrals to service providers that may help support the person who experienced the alleged incident, as appropriate.

CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT

Any violation of this Code of Conduct by Contractor’s Personnel may result in serious consequences, up to and including termination and possible referral to legal authorities.

FOR CONTRACTOR’S PERSONNEL:

I have received a copy of this Code of Conduct written in a language that I comprehend.  I understand that if I have any questions about this Code of Conduct, I can contact [enter name of Contractor’s contact person(s) with relevant experience)] requesting an explanation.

Name of Contractor’s Personnel: [insert name]

Signature: __________________________________________________________

Date: (day month year): _______________________________________________

Countersignature of authorized representative of the Contractor:

Signature: ________________________________________________________

Date: (day month year): ______________________________________________

Note: A copy of the code shall be displayed in a location easily accessible to the community and project affected people

ATTACHMENT 1: Behaviours constituting Sexual Exploitation and Abuse (SEA) and behaviours constituting Sexual Harassment (SH)

ATTACHMENT 1 TO THE CODE OF CONDUCT FORM

BEHAVIOURS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE (SEA) AND BEHAVIORS CONSTITUTING SEXUAL HARASSMENT (SH)

The following non-exhaustive list is intended to illustrate types of prohibited behaviours

• Examples of sexual exploitation and abuse include, but are not limited to:
• A Contractor’s Personnel tells a member of the community that he/she can get them jobs related to the work site (e.g. cooking and cleaning) in exchange for sex.
• A Contractor’s Personnel that is connecting electricity input to households says that he can connect women-headed households to the grid in exchange for sex.
• A Contractor’s Personnel rapes, or otherwise sexually assaults a member of the community.
• A Contractor’s Personnel denies a person access to the Site unless he/she performs a sexual favour.
• A Contractor’s Personnel tells a person applying for employment under the Contract that he/she will only hire him/her if he/she has sex with him/her.
• Examples of sexual harassment in a work context
• Contractor’s Personnel comment on the appearance of another Contractor’s Personnel (either positive or negative) and sexual desirability.
• When a Contractor’s Personnel complains about comments made by another Contractor’s Personnel on his/her appearance, the other Contractor’s Personnel comment that he/she is “asking for it” because of how he/she dresses.
• Unwelcome touching of a Contractor’s or Employer’s Personnel by another Contractor’s Personnel.
• A Contractor’s Personnel tells another Contractor’s Personnel that he/she will get him/her a salary raise, or promotion if he/she sends him/her naked photographs of himself/herself

Notes on Standard Form of Letter of Acceptance

The Letter of Acceptance will be the basis for formation of the Contract as described in Clauses 27 of the Instructions to Bidders.  This Standard Form of Letter of Acceptance is included for information at the bidding stage and shall be filled in and sent to the successful Bidder only after evaluation of bids has been completed.

Standard Form C:    Letter of Acceptance

[letterhead paper of the Employer]

_____________________________ 2026

To:       ____________________________________________________________

[name of the Contractor]

____________________________________________________________

[address of the Contractor]

            This is to notify you that your Bid dated ___________ for the execution of the

______________________________________________________[name of the Contract and

identification number, as given in the Contract Data] for the Contract Price of

_______________________________ (_________________) [amount in numbers and words

____________________ Leones, as corrected and modified in accordance with the instruction to Bidders is hereby accepted by the Employer.

You are hereby instructed to proceed with the execution of the said Works in accordance with the Contract documents.

Authorized Signature: ____________________________________________

Name and Title of Signatory: ______________________________________

Name of Agency: _______________________________________________

Attachment:  Agreement

Notes on Standard Form of Agreement

The Agreement should incorporate any corrections or modifications to the Bid resulting from price corrections and price adjustment during the evaluation process as provided for the in the Instructions to Bidders and any other agreement following award of the contract.

Standard Form D:    Agreement

AGREEMENT

This Agreement, made the _________________ day of _________________

19 _________, between

__________________________________________________________________

__________________________________________________________________

_______________________ [name and address of Employer] (hereinafter called “the Employer”) and __________________________

__________________________________________________________________

_____________________________________________________ [name and address of Contractor] (hereinafter called “the Contractor”) of the other part.

Whereas the Employer is desirous that the Contractor execute ____________

__________________________________________________________________

[name and identification number of Contract] (hereinafter called “the Works”) and the Employer has accepted the Bid by the Contractor for the execution and completion of such Works and the remedying of any defects therein.

Now with this Agreement witnesseth as follow:

1. In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and be read and construed as part of this Agreement.
2. The following documents shall be deemed to form and be read and construed as part of the agreement, viz:

• Agreement,
• letter of Acceptance
• Contractor’s Bid
• Contract Data
• Conditions of Contract
• Specifications
• Drawings
• Bills of Quantities (Activity Schedule)
• Eligibility and Qualification Criteria
• Integrity Pact and
• any other documents listed in the Contract Data as forming part of the Contract.

3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any 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 wherein the Contract Price of ____________________ [insert amount] Leones 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 thereto have caused this Agreement to be executed the day and year first before written.

The Common Seal of

____________________________________________________

____________________________________________________________

____ was hereunto affixed in the presence of:

Signed, Sealed, and Delivered by the

Said

__________________________________________________________ in

the presence of:

Binding Signature of Employer ___________________________________

Binding Signature of Contractor _________________________________

Standard Form E:     ESHS-MSIP

ESHS Management Strategies and Implementation Plans

(ESHS-MSIP)

The Bidder shall submit comprehensive and concise Environmental, Social, Health and Safety Management Strategies and Implementation Plans (ESHS-MSIP) as required by ITB 11.1 (h) of the Bid Data Sheet. These strategies and plans shall describe in detail the actions, materials, equipment, management processes etc. that will be implemented by the Contractor, and its subcontractors.

In developing these strategies and plans, the Bidder shall have regard to the ESHS provisions of the contract including those as may be more fully described in the following:

1. [the Works Requirements described in Section VII];
2. [ Contractor Environmental and Social Management Plan (ESMP)];
3. [Gender Based Violence Action Plan (GAP)]
4. [Grievance Redress Mechanism (GRM)]

Standard Form F:     ESHS Performance Declaration

Environmental, Social, Health, and Safety

Performance Declaration

[The following table shall be filled in for the Bidder, each member of a Joint Venture and each Specialized Subcontractor]

Bidder’s Name: [insert full name]
Date: [insert day, month, year]
NCB No. and title: [insert NCB number and title]
Page [insert page number] of [insert total number] pages

Section V. Conditions of Contract

Table of Clauses

1. Definitions………………………………………………………………………………………………. 52
2. Language and Law…………………………………………………………………………………… 53
3. Communications……………………………………………………………………………………. 53
4. Sub-contracting and other contractors………………………………………………………… 53
5. Personnel………………………………………………………………………………………………… 54
6. Contractor’s Risks……………………………………………………………………………………. 54
7. Insurance………………………………………………………………………………………………… 54
8. Contractor to Construct the Works…………………………………………………………….. 55
9. The Works to Be Completed by the Completion Date………………………………….. 55
10. Safety…………………………………………………………………………………………………… 55
11. Program………………………………………………………………………………………………… 55
12. Extension of the Completion Date……………………………………………………………. 55
13. Delays Ordered by the Project Manager……………………………………………………. 55
14. Early Warning……………………………………………………………………………………….. 55
15. Correction of Defects……………………………………………………………………………… 56
16. Uncorrected Defects……………………………………………………………………………….. 56
17. Bill of Quantities……………………………………………………………………………………. 56
18. Changes in the Quantities……………………………………………………………………….. 56
19. Payment Certificates………………………………………………………………………………. 56
20. Payments………………………………………………………………………………………………. 57
21. Compensation Events……………………………………………………………………………… 57
22. Tax………………………………………………………………………………………………………. 57
23. Liquidated Damages………………………………………………………………………………. 58
24. Advance Payment………………………………………………………………………………….. 58
25. Retention Moneys………………………………………………………………………………….. 58
26. Dayworks……………………………………………………………………………………………… 58
27. Cost of Repairs………………………………………………………………………………………. 59
28. Completion and Taking Over…………………………………………………………………… 59
29. Final Account………………………………………………………………………………………… 59
30. Termination…………………………………………………………………………………………… 59
31. Payment upon Termination……………………………………………………………………… 61
32. Property………………………………………………………………………………………………… 61
33. Release from Performance………………………………………………………………………. 61
34. Resolution of Disputes……………………………………………………………………………. 62

1.         Definitions

         1.1  Boldface type is used to identify defined terms.

Activity Schedule means the priced and completed Activity Schedule forming part of the Bid for a Lump Sum Contract.

Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.

         Compensation Events are those defined in Clause 21 hereunder

The Completion Date is the date of completion of the Works as certified by the Project Manager, in accordance with Sub-Clause 28.

The Contract is the Contract between the Employer and the Contractor to execute, complete, and maintain the Works.  The name and identification number of the Contract is given in the  Contract Data.

The Contractor is the person or corporate body whose Bid to carry out the Works has been accepted by the Employer.

The Contractor’s Bid is the completed bidding document submitted by the Contractor to the Employer.

The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract.

Dayworks are additional, 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.

         Days are calendar days; months are calendar months.

         A Defect is any part of the Works not completed in accordance with the Contract.

The Defects Liability Period is the period named in the Contract Data and calculated from the Completion Date.

Drawings include calculations and other information provided or approved by the Employer for the execution of the Contract.

The Employer, as specified in the Contract Data, is the party who employs the Contractor to carry out the Works.  The name of the Employer’s representative authorized to deal with the Contractor is also given in the Contract Data.

Equipment is the Contractor’s machinery and vehicles brought temporarily to the Site to construct the Works.

The Initial Contract Price is the Contract price listed in the Employer’s Letter of Acceptance.

Materials are all supplies, including consumable, used by the Contractor for incorporation in the Works.

The Project Manager is the person named in the Contract Data (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

The Required Completion Date is the date on which it is required that the Contractor shall complete the Works.  The Required Completion Date is specified in the Contract Data.  The Completion Date may be revised only by the Employer by issuing an extension of time or an acceleration order.

The Site is the area defined as such in the Contract Data.

Specification means the Specification of the Works included in the Contract and any modification or addition made or approved by the Employer.

The Start Date is given in the Contract Data.  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.

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.

Temporary Works are works designed, constructed, installed and removed by the Contractor that are needed for construction or installation of the Works.

A Variation is an instruction given by the Project Manager with the approval of the Employer which varies the original Work requirement.

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

1.2 This shall be a “Unit Price Contract based on Priced Bill of Quantities”/”Lump Sum Contract” based on priced Activity Schedule”, as specified in the Contract Data.

However, if a Government law or decree passed between the date 28 days before the submission of bids for the Contract and the Required Completion Date results in an increase in the price of labour and material, the Employer will adjust the contract price accordingly, provided that the Contractor shall submit documents satisfactory to the Project Manager proving that the requested increases are a result of Government laws or decrees.

2.         Language and Law

2.1 The language of the Contract is English and the law governing the Contract are the Laws of the Republic of Sierra Leone.

3.      Communications

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

4.         Sub-contracting and other contractors

4.1 The Contractor may subcontract with the approval of the Project Manager, but may not assign the Contract without approval of the Employer in writing.  Subcontracting shall not alter the Contractor’s obligations.  Not more than 50% of the work may be sub-contracted to registered contractors. The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the Employer.

5.         Personnel

5.1 The Contractor shall employ the key personnel named in the Schedule of Key Personnel, referred to in the Contract Data, to carry out the functions stated in the Schedule of other personnel approved by the Project Manager.  The Project Manager will approve any proposed replacement of key personnel only if their relevant qualifications and abilities are substantially equal to or better than those of the personnel listed in the Schedule.

5.2 If the Project Manager asks the Contractor to remove a person who is a member of the Contractors workforce, the person shall leave the Site within 72 hours and have no further connection with the work in the Contract.

6.         Contractor’s Risks

6.1 From the Starting Date until the Defects Liability Certificate has been issued, the risks of personal injury, death, and loss of or damage to property (including, without limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s risks are Contractor’s risks.

7.         Insurance

7.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts stated in the Contract Data for the following events which are due to the Contractor’s risks:

• loss of or damage to the Works, Equipment, Plant and Materials;
• loss of or damage to property (except the Works, Plant, Materials, and Equipment) in connection with the Contract; and

(c)        personal injury or death and Third Party liability.

7.2 Policies and certificates for insurance shall be delivered by the Contractor to the Project Manager for approval within 15 days of receipt by the Contractor of the Employer’s Notice of Acceptance.  All such insurance shall provide for compensation required to rectify the loss or damage incurred.  If the Contractor fails to provide the required certificates, the contract shall be considered as annulled.  However, the Employer at its discretion may decide to extend the period for submission of insurance certificates or take out the insurance and deduct the cost of premiums from the Contractor’s earnings.

7.3 Alterations to the terms of an insurance shall not be made without the approval of the Employer.

8.         Contractor to Construct the Works

8.1 The Contractor shall construct and install the Works in accordance with the Specifications and Drawings.

9.         The Works to Be Completed by the Completion Date

9.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in accordance with the Program submitted by the Contractor, as updated with the approval of the Project Manager, and complete them by the Required Completion Date.

10.       Safety

10.1  The Contractor shall be responsible for the safety of all activities on the Site.

10.2   The Contractor shall take all reasonable steps to protect the environment (both on and off the Site) and to limit damage and nuisance to people and property resulting from pollution, noise and other results of his operations.

11.       Program

11.1  Within the time stated in the Contract Data, 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.  The Contractor shall update the Program at intervals no longer than the period stated in the Contract Data.  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.

12.       Extension of the Completion Date

12.1  The Project Manager shall extend the Completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Required Date without the Contractor taking steps to accelerate the remaining work, which would cause the Contractor to incur additional cost

13.       Delays Ordered by the Project Manager

13.1  The Project Manager may instruct the Contractor to delay the start or progress of any activity within the Works.  Delays or suspension of work by the Project Manager, which increase the Contractor’s costs, shall be subject to equitable adjustments by the Employer.

14.       Early Warning

14.1  The Contractor shall inform 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.

14.2  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

15.       Correction of Defects

15.1  The Project Manager shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion, and is defined in the Contract Data.  The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

15.2  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.

16.       Uncorrected Defects

16.1  If the Contractor has not corrected a Defect within the time specified in the Project Manager’s notice, the Project Manager will assess the cost of having the Defect corrected, and the Contractor will pay this amount, or the Employer shall recuperate these amounts by deduction from the amounts due to the Contractor.

17.       Bill of Quantities

17.1  The Bill of Quantities (for lump-sum Contracts entire Clause 17 shall be replaced with a new Clause as indicated in the Contract Data) shall contain items for the construction, installation, testing, and commissioning work to be done by the Contractor.  For Lump Sum contracts, payment activities schedule shall be listed.

17.2  The Bill of Quantities is used to calculate the Contract Price.  The Contractor is paid for the quantity of the work actually done at the rate of the Bill of Quantities for each item.

18.       Changes in the Quantities

18.1  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.  (For lump-sum contracts, this clause shall be substituted by a new clause as indicated in Contract Data).

19.       Payment Certificates

19.1  The Contractor shall submit to the Project Manager monthly statements of the estimated value of the work executed less the cumulative amount certified previously.

19.2  The Project Manager shall check the Contractor’s executed work and certify the amount to be paid to the Contractor.

         19.3  The value of work executed shall be determined by the Project Manager.

19.4  The value of work executed shall comprise the value of the quantities of the items in the Bill of Quantities completed.  (For lump sum contracts, this Clause shall be substituted by a new Clause as indicated in the Contract Data).

19.5  The value of work executed shall include the valuation of Variations and Compensation Events.

20.       Payments

20.1  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 45 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 rate of interest prevailing at the local banks for construction loans.

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

21.       Compensation Events

21.1  The following shall be Compensation Events:

• The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
• The Project Manager orders a delay or does not issue Drawings, Specifications, or instructions required for execution of Works on time.
• The Project Manager instructs the Contractor to uncover or to carry out tests upon completed work, which is then found to have no Defects.
• Other contractors, public authorities, utilities, or the Employer cause delay or extra cost to the Contractor.
• The advance payment is delayed.
• The Project Manager unreasonably delays issuing a certificate of completion.
• Any other events as stipulated in the Contract Data.

            If such an event occurs, then the Contract Price shall be equitably adjusted.

22.       Tax

22.1  The Contractor is liable for all taxes in accordance with the laws of the Sierra Leone.  However, 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 charges are already not reflected in the Contract Price.

23.       Liquidated Damages

23.1  The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the Contract Data for each day that the Completion Date is later than the Required Completion Date. The total amount of liquidated damages shall not exceed the amount defined in the Contract Data.  The Employer may deduct liquidated damages from any payments due to the Contractor.  Payment of liquidated damages shall not affect the Contractor’s liabilities.

24.       Advance Payment

24.1  The Employer shall make advance payment to the Contractor of the amounts stated in the Contract Data after the Contractor has:

(a) delivered to the site construction equipment and/or materials for initiating the work, and

(b)  submitted the Advance Payment Guarantee.

(c)  submitted the Performance Security in the amount specified in the contract data (issued by a commercial bank or financial institution as per prevailing law in SL ) within 15 days upon receipt of acceptance letter

24.2  The Contractor is to use the advance payment only to pay for Equipment, materials and other expenses required specifically for carrying out the works.  The Contractor shall demonstrate that advance payment has been used in this way by supply of copies of invoices or other documents to the Project Manager.

24.3  The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due to the Contractor, to be recovered within one half of the completion period.

25.       Retention Moneys

25.1  An amount, specified in the Contract Data, will be retained from each payment to the Contractor to assure performance of the work.  This money will be paid out to the contractor upon completion and acceptance of the work and within 15 days of the issue by the Project Manager of the Defects Liability Certificate.

26.       Dayworks

26.1  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.

26.2  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.

26.3  The Contractor shall be paid for Dayworks as work is performed subject to obtaining signed Dayworks forms.

27.       Cost of Repairs

27.1  Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Liability 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.

28.       Completion and Taking Over

28.1  The Contractor shall request the Project Manager to issue a certificate of completion of the Works, and the Project Manager will issue such a certificate when he determines that the work is satisfactorily completed.  The Employer shall take over the site and the works within seven days of the Project Manager’s issuing of a certificate of completion.

29.       Final Account

29.1  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 45 days of receiving the Contractor’s account if it is correct and complete.  If it is not, the Project Manager shall issue within 30 days a schedule that states the scope of the corrections or additions that are necessary.  If the Final Account is still unsatisfactory after is has been resubmitted, the Project Manager shall decide on the amount payable to the Contractor and issue a payment certificate.

30.       Termination

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

30.2  Fundamental breaches of Contract shall include, but shall not be limited to, the following:

• the Contractor stops work for 21 days when no stoppage of work is shown on the current Program and the stoppage has not been authorized by the Project Manager;
• the Project Manager instructs the Contractor to delay the progress of the Works, and the instruction is not withdrawn within 15 days; or agreement reached on payments due contractor for cost of delay;
• the Employer or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation;
• a payment certified by the Project Manager is not paid by the Employer to the Contractor within 60 days of the date of the Project Manager’s certificate;
• 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 30 days determined by the Project Manager;
• 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 Contract Data.

         30.3  When either party to the Contract gives notice of a breach of Contract to the Project Manager for a cause other those listed under Sub-Clause 30.2 above, the Project Manager shall decide whether the breach is fundamental or not.

         30.4  Notwithstanding the above, the Employer may terminate the Contract for convenience by giving the Contractor a thirty-day notice in writing.

         30.5  If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and secure, and leave the Site within 15 days of the completion of the notice period.

30.6      if the Contractor was, or is, failing to perform any ESHS obligations or work under the Contract, the value of this work or obligation, as determined by the CDC, may be withheld until the work or obligation has been performed, and/or the cost of rectification or replacement, as determined by the CDC in, may be withheld until rectification or replacement has been completed. Failure to perform includes, but is not limited to the following:

• failure to comply with any ESHS obligations or work described in the Works’ Requirements which may include: working outside site boundaries, excessive dust, failure to keep public roads in a safe usable condition, damage to offsite vegetation, pollution of water courses from oils or sedimentation, contamination of land e.g. from oils, human waste, damage to archeology or cultural heritage features, air pollution as a result of unauthorized and/or inefficient combustion;
• failure to regularly review C-ESMP and/or update it in a timely manner to address emerging ESHS issues, or anticipated risks or impacts;
• failure to implement the C-ESMP e.g. failure to provide required training or sensitization;
• failing to have appropriate consents/permits prior to undertaking Works or related activities;
• failure to submit ESHS report/s (as described in Appendix A), or failure to submit such reports in a timely manner;
• failure to implement remediation as instructed by the CDC within the specified timeframe (e.g. remediation addressing non-compliance/s).

31.       Payment upon Termination

31.1  If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Project Manager shall issue a certificate for the value of the work done and Materials ordered less advance payments received up to the date of the issue of the certificate and less the percentage to apply to the value of the work not completed, as indicated in the Contract Data.  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.

31.2  If the Contract is terminated for the Employer’s convenience or because of a fundamental breach of Contract by the Employer, the Project Manager shall issue a certificate for the value of the work done, Materials ordered, the reasonable cost of removal of Equipment, repatriation of the Contractor’s personnel employed solely on the Works, and the Contractor’s costs of protecting and securing the Works, and less advance payments received up to the date of the certificate.

32.       Property

32.1  All Materials and Construction Equipment on the Site, Plant, 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.

33.       Release from Performance

33.1  If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor, the Project Manager shall certify that the Contract has been frustrated.  The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards for which an agreement has been reached.

34.       Resolution of Disputes

34.1  The Employer and the Contractor shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract.  If after thirty (30) days from the commencement of such informal negotiations, the Employer and the Contractor have been unable to resolve amicably a Contract dispute, either party may require that the dispute be referred for resolution to three independent qualified experts, one chosen by the Employer and one chosen by the Contractor and the third chosen by an appropriate professional body, such as the Chamber of Commerce.  The three should arrive at a solution satisfactory to the Employer and the Contractor.  In case of further disagreement either party can take the matter to arbitration in accordance with the Law governing the Contract.  The place where arbitration will take place will be stated in the Contract Data.

35. ESHS Reporting:

“In addition to the progress report, the Contractor shall also provide a report on the Environmental, Social, Health and Safety (ESHS) metrics set out in Appendix B. In addition to Appendix A reports, the Contractor shall also provide immediate notification to the Project Manager of incidents in the following categories. Full details of such incidents shall be provided to the Project Manager within the timeframe agreed with the Project Manager.

• confirmed or likely violation of any law or international agreement;
• any fatality or serious (lost time) injury;
• significant adverse effects or damage to private property (e.g. vehicle accident, damage from fly rock, working beyond the boundary)
• major pollution of drinking water aquifer or damage or destruction of rare or endangered habitat (including protected areas) or species; or

any allegation of gender based violence (GBV), sexual exploitation or abuse, sexual harassment or sexual misbehaviour, rape, sexual assault, child abuse or defilement, or other violations involving children.

Appendix A

Environmental, Social, Health and Safety (ESHS)

Metrics for Progress Reports

Metrics for regular reporting:

1. environmental incidents or non-compliances with contract requirements, including contamination, pollution or damage to ground or water supplies;

Health and safety incidents, accidents, injuries and all fatalities that require treatment;

Interactions with regulators:  identify agency, dates, subjects, outcomes (report the negative if none):

Health and safety supervision:

1. ESHS officer: number days worked, number of full inspections & partial inspections, reports to construction/project management;
2. Number of workers, work hours, metric of PPE use (percentage of workers with full personal protection equipment (PPE), partial, etc.), worker violations observed (by type of violation, PPE or otherwise), warnings given, repeat warnings given, follow-up actions taken (if any);

Worker accommodations:

1. number of locals;
2. Actions taken to recommend/require improved conditions, or to improve conditions.

HIV/AIDS: provider of health services, information and/or training, location of clinic, number of non-safety disease or illness treatments and diagnoses (no names to be provided);

Gender (locals separately): number of female workers, percentage of workforce, gender issues raised and dealt with (cross-reference grievances or other sections as needed);

Training:

1. number of new workers, number receiving induction training, dates of induction training;
2. Number and dates of toolbox talks, number of workers receiving Occupational Health and Safety (OHS), environmental and social training;
3. Number and dates of HIV/AIDS sensitization and/or training, no. workers receiving training (this reporting period and in the past); same questions for gender sensitization, flag person training.
4. number and date of GBV /SEA sensitization and/or training, number of workers receiving training on code of conduct (in the reporting period and in the past), etc.

Environmental and social supervision:

ESHS Officer  days worked, areas inspected and numbers of inspections of each (road section, work camp, accommodations, quarries, borrow areas, spoil areas, swamps, forest crossings, etc.), highlights of activities/findings (including violations of environmental and/or social best practices, actions taken), reports to environmental and/or social specialist/construction/site management;

Grievances: list new grievances (e.g. allegations of GBV / SEA) received in the reporting period and unresolved past grievances by date received, complainant, how received, to whom referred to for action, resolution and date (if completed), data resolution reported to complainant, any required follow-up (Cross-reference other sections as needed):

1. Worker grievances;
2. Community grievances

Traffic and vehicles/equipment:

1. Accidents involving non-project vehicles or property (also reported under immediate metrics): provide date, location, damage, cause, follow-up;
2. Overall condition of vehicles/equipment (subjective judgment by ESHS Officer); non-routine repairs and maintenance needed to improve safety and/or environmental performance (to control smoke, etc.).

Environmental mitigations and issues (what has been done):

1. dust: number of watering/day, number of complaints, warnings given by ESHS Officer, actions taken to resolve;
2. erosion control: controls implemented by location, status of water crossings, environmentalist inspections and results, actions taken to resolve issues, emergency repairs needed to control erosion/sedimentation;

• spill cleanups, if any: material spilled, location, amount, actions taken, material disposal (report all spills that result in water or soil contamination;

1. waste management: types and quantities generated and managed, including amount taken offsite (and by whom) or reused/recycled/disposed on-site;
2. details of tree plantings and other mitigations required undertaken in the reporting period;

Compliance:

1. compliance status of C-ESMP/ESIP requirements: statement of compliance or listing of issues and actions taken (or to be taken) to reach compliance
2. compliance status of GBV/SEA prevention and response action plan: statement of compliance or listing of issues and actions taken (or to be taken) to reach compliance

• compliance status of Health and Safety Management Plan re: statement of compliance or listing of issues and actions taken (or to be taken) to reach compliance

1. Other unresolved issues from previous reporting periods related to environmental and social: continued violations, continued failure of equipment, continued lack of vehicle covers, spills not dealt with, continued compensation or blasting issues, etc. Cross-reference other sections as needed.

Section VI.  Contract Data

Section VII.  Specifications

Insert here the Specifications for the Works.  These may be annexed in a separate folder if they are too voluminous to be contained in the document.

Environmental, Social Health and Safety Requirements

The clauses are specific to all Sub Projects on infrastructure construction activities that may be sources of environmental and social harm. They must be included in the work execution files of which they form an integral part.

The successful bidders must also be recipients of these clauses to facilitate the concerted monitoring of activities having impacts on the environment and the social aspect.

Environmental Guidelines for contractor. In general, contractor in charge of construction and rehabilitation of structures must also comply with the following environmental and social directives:

1. PRIOR ARRANGEMENTS FOR THE EXECUTION OF THE WORKS

Compliance with national laws and regulations:

The Contractor and its subcontractors must: know, respect, and apply the laws and regulations in force in the country, relating to the environment, solid and liquid waste management, discharge and noise standards, working hours work, etc.; take all appropriate measures to minimize environmental and social damage; assume responsibility for any claims related to non-compliance with the environment.

Permits and authorizations before the works

Any work carried out must be subject to a prior information and administrative authorization procedure. Before starting work, the Contractor must obtain all the necessary permits for carrying out the work provided for in Sub Projects. The Contractor must consult with the local residents with whom he can make arrangements to facilitate the progress of the works.

Start-up meeting

Before the start of works, the Contractor and the C, under tommunity Development he supervision of the Project Implementation Unit, must organize meetings with the authorities, the representatives of the populations located in the project area and the competent technical services, to inform them of the nature of the works to be carried out and their duration, of the routes concerned and the locations likely to be affected. This meeting will also allow the Local Councils to collect the observations of the populations, to make them aware of the environmental and social issues and of their relations with the workers.

Before the start of works, the contractor will submit to the project for review and prior approval its C-ESMP.

Environmental and Social Management Program

The Contractor must draw up and submit for the Local Council/PMU approval, a detailed site environmental and social management program which includes:

• Contractor- environmental and social management plan, C- ESMP
• A site waste management plan indicating the types of waste, the type of collection envisaged, the place of storage, the mode and the place of disposal;
• the public information and sensitization program specifying the targets, themes and method of consultation adopted;
• a plan for hygiene and accident management and the preservation of health and safety specifying the risks of major accidents that could jeopardize the safety or health of staff and/or the public and the safety measures and /or preservation of health to be applied as part of  C- ESMP  .

1. ARRANGEMENT TO BE TAKEN DURING THE WORKS

Display of internal regulations and staff awareness

The Contractor must display posters and signage visibly in the various facilities of the construction site specifically prescribing: respect for local habits and customs; protection against STIs/HIV/AIDS; the risks and preventive measures of GBV (EAS/HS ), the rules of hygiene, health and safety measures. The Contractor must sensitize its personnel, in particular on respect for the habits and customs of the populations of the region where the work is carried out and on the risks of STIs/HIV/AIDS and Gender- Based Violence (GBV).

Employment of local labor

The Contractor is required to hire (apart from its technical staff) as much labor as possible in the area where the work is being carried out. Failing to find qualified personnel on site, it is authorized to engage labor outside the work area.

Respect for working hours

The Contractor must ensure that the working hours comply with the national laws and regulations in force. Any derogation is subject to the approval of the Local Council. As far as possible (except in the case of an exception granted by the Local Council), the Contractor must avoid carrying out the work during hours of rest, on Sundays and on public holidays.

Protection of site personnel

The Contractor must make available to the site personnel correct working clothes that are in good condition and in good condition, as well as all the protective and safety accessories specific to their activities (helmets, boots, belts, masks, gloves, glasses, etc.). The Contractor must ensure the scrupulous wearing of protective equipment on the site. A permanent control must be carried out for this purpose and, in the event of a breach, coercive measures (warning, layoff, dismissal) must be applied to the personnel concerned.

Health, Safety and Environment Officer

The Contractor must appoint a Hygiene/Health/Safety/Environment officer who will ensure that the rules of hygiene, health, safety and environmental protection are strictly followed by all and at all levels of execution. Both for the workers and for the population and other people in contact with the site. (First aid kit or pharmacy box on site, a contract with medical training for the care of workers) adapted to the workforce of its staff. The Contractor must prohibit public access to the site, protect it with beacons and signs, indicate the various access points and take all order and safety measures to avoid accidents.

Measures against traffic obstructions

The Contractor must avoid obstructing public access. He must permanently maintain traffic and access for local residents during works for this purpose, he will organize his work on an alternating roadway to keep traffic on the tracks. The Contractor shall ensure that no excavation or trench remains open at night without adequate signage accepted by the Local Council. The Contractor must ensure that the temporary diversions allow safe traffic.

1. DISPOSAL AT THE END OF THE CONSTRUCTION

General rules

At any release of the site, the Contractor leaves the premises clean for their immediate assignment. He cannot be released from his commitments and from his responsibility concerning their use without having formally observed this good condition. The Contractor will carry out all the arrangements necessary for the restoration of the premises. He is required to pack up all his equipment and materials and may not leave them on the site or the surrounding area.

Upon completion of the work, the Contractor shall

• Remove temporary buildings, equipment, solid and liquid waste, excess materials, fencing etc.
• rectify drainage defects and level all excavated areas;
• clean and destroy the pits;
• Rehabilitate all the networks obstructed at the time of the works (water, electricity, drainage system, water collectors, and sewers).

If it is in the interest of the local authorities to recover the fixed installations for future use, the Contractor must transfer them without compensation during the withdrawal.

After the withdrawal of all the equipment, a report noting the restoration of the site must be drawn up and attached to the report of acceptance of the works. Failure to restore the premises must lead to the refusal of acceptance of the works. In this case, the percentage not yet released from the amount of the “site installation” item will be retained to be used to ensure the withdrawal of the site.

Protection of unstable areas

During the dismantling of structures in unstable environments, the Contractor must take the following precautions to avoid accentuating the instability of the ground: (i) avoid all heavy traffic and any overloading in the area of instability; (ii) preserve the vegetation cover as much as possible or reconstitute it by using appropriate local species in the event of the risk of erosion.

Management of petroleum products and other contaminants

The Contractor must clean the work or storage area where there has been handling and/or use of petroleum products and other contaminants.

Control of the execution of environmental and social clauses

Monitoring compliance with and effectiveness of the implementation of environmental and social clauses by the Contractor is carried out by the Local Council/PMU, whose team must include an environmental and social expert.

NB : the contractor will provide an Contractor  ESMP implementation report to Local Councils/, which will; will include data in its site environmental and social control report and forward it to the PMU , which will develop the quarterly environmental and social monitoring report during the execution of the works

Notification

The Local Council notifies the Contractor in writing of all cases of default or non-execution of environmental and social measures. The Contractor must rectify any failure to comply with the requirements duly notified to it by the Local Council. The resumption of work or additional work resulting from non-compliance with the clauses are the responsibility of the Contractor.

Sanction

Pursuant to the contractual provisions, non-compliance with environmental and social clauses, duly noted by the Local Council, may be grounds for termination of the contract. The Contractor who has been terminated due to non-application of the environmental and social clauses is liable to penalties up to and including suspension of the right to tender for a period determined by the Project Owner, with a reduction on the price and a blocking of the holdback.

Works receipt

Failure to comply with these clauses exposes the Contractor to provisional or final refusal of acceptance of the works by the Acceptance Committee. The execution of each environmental and social measure may be subject to partial acceptance involving the competent departments concerned.

Warranty Obligations

The Contractor’s obligations run until the final acceptance of the works, which will only be acquired after complete execution of the environmental improvement works provided for in the contract.

1. PRIOR ARRANGEMENTS FOR GBV

The contractor must present the Code of Conduct (ESHS) that will apply to its site personnel, in order to ensure compliance with its Environmental, Social, Health and Safety (ESSS) obligations under the contract.

In addition, it must detail how this Code of Conduct will be implemented. This will include: how will it be introduced into the terms and conditions of employment/engagement, what training will be provided, how will it be monitored and how the contractor proposes to deal with any breaches.

The contractor will ensure that a copy of the code of conduct is annexed to each employee’s contract (contract to be handed over upon signature by the employee) and clarification sessions will be organized during the induction phase of each newly recruited employee.

Obligations of the Contractor on GBV:

Preparing and implementing a Gender Awareness Plan / GBV Mitigation and Response Plan as required by the Employer;

Ensure equal pay for men and women for work of equal value, in accordance with national laws and international treaty obligations and pay women their wages directly;

Not pay its employees less than the minimum wage under applicable law;

Provide safe and secure working conditions for male and female workers; and,

Comply with applicable labor laws and refrain from child labor and forced labor.

Develop: (i) Codes of Conduct on Gender Based Violence (GBV) Sexual Abuse /Exploitation (SEA); sexual harassment (SH) and (ii) an Action Plan to mitigate and respond to GBV within the company and the community.

Describe the responsibilities: (i) of the company to create a positive culture for its workplace and its employees; (ii) managers to ensure that this culture is implemented; and (iii) individuals to adhere to the principles of this culture and not engage in GBV. (iv) have codes of conduct (individual to workers) and company code of conduct (to managers) signed.

GBV trainings:

All employees (including managers) will be required to complete training prior to commencing work to enhance their understanding of HIV/AIDS, STIs/ GBV, Sexual Abuse/Exploitation (SEA)) and Sexual Harassment (SH). Thereafter, employees must attend a mandatory training session for the duration of the mobilization.

Training shall be carried out by the local providers identified by the client for the contractor, the client and the technical supervision personnel during the term of the contract. Local communities (through their representatives, who can relay later) can also participate if necessary.

The funding for the delivery of the training, and the participant’s time, are included in the project bill of quantities as a provisional sum.

Payment for ESHS Requirements

The payment for the delivery of ESHS requirements shall be a subsidiary obligation of the Contractor covered under the prices quoted for other Bill of Quantity items or activities. For example, normally the cost of implementing work place safe systems of work, including the measures necessary for ensuring traffic safety, shall be covered by the Bidder’s rates for the relevant works.

Section VIII.  Drawings

Drawings will be provided in a separate pdf document

Section IX.  Bill of Quantities

 Performance Security Form

To:  [name and address of Employer]

WHEREAS [name of contractor] (hereinafter called “the contractor”) has undertaken, in pursuance of Contract No. [Reference number of the contract] dated ____________ 20_____ to carry out works [description of scope of works] (hereinafter called “the Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the contractor shall furnish you with a bank guarantee by a reputable bank for the sum specified therein as security for compliance with the contractor’s performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the contractor a guarantee:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the contractor, up to a total of [minimum 5% of contract amount], and we undertake to pay you, upon your first written demand declaring the Supplier to be in default under the Contract and without cavil or argument, any sum or sums within the limits of [amount of guarantee] as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.

This guarantee is valid until the _____ day of __________20_____. (30 days after expiration of the defect liability date/ issuance of defect liability certificate)

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

2026

[name and Procurement Number of Contract]

Gentlemen:

In accordance with the provisions of the Conditions of Contract, Clause 24 (“Advance”) of the above-mentioned Contract, [name and address of Contractor] (hereinafter called “the Contractor”) shall deposit with [name of Employer] a Bank Guarantee to guarantee his proper and faithful performance under the said Clause of the Contract in an amount of [amount of Guarantee] [amount in words].[2]

We, the [Bank or Financial Institution], as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to [name of Employer] on his first demand without whatsoever right of objection on our part and without his first claim to the Contractor, in the amount not exceeding [amount of Guarantee] [amount in words].[3]

We further agree that no change or addition to or other modification of the terms of the Contract or of Works to be performed thereunder or of any of the Contract documents which may be made between [name of Employer] and the Contractor, shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any such change, addition, or modification.

This Guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until [name of Employer] receives full repayment of the same amount from the Contractor.

Yours truly,

Signature and seal:————————————————————————————-

Name of Bank:——————————————————————————————

Address:  ————————————————————————————————-

Date: ———————————————————

Section XI. Format for Bid Security

Whereas, [name of Bidder] (hereinafter called “the Bidder”) has submitted his Bid dated 2026 for the construction of [name of Contract and procurement Number] (hereinafter called “the Bid”).

Know all people by these presents that We [name of Bank] of [name of country] having our registered office at [address] (hereinafter called “the Bank”) are bound unto name of Employer] (hereinafter called “the Employer”) in the sum of [amount][4] for which payment well and truly to be made to the said Employer, the Bank binds itself, its successors, and assigns by these presents.

Sealed with the Common Seal of the said Bank this [day] day of [month], [year].

The conditions of this obligation are:

(1)       If, after Bid opening, the Bidder withdraws his Bid during the period of Bid validity specified in the Form of Bid; or

(2)       If the Bidder having been notified of the acceptance of his Bid by the Employer during the period of Bid validity:

(a)     fails or refuses to execute the Form of Agreement in accordance with the Instructions to Bidders, if required; or

(b)     fails or refuses to furnish the Performance Security, in accordance with the Instruction to Bidders; or

(c)     does not accept the correction of the Bid Price pursuant to Clause 24,

we undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer’s having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is due to him owing to the occurrence of one or any of the three conditions, specifying the occurred condition or conditions.

This Guarantee will remain in force up to and including 2026 the date 28 days after the deadline for submission of bids as stated in the Instructions to Bidders or as it may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date.

Date:———————————-Signature of the Bank: —————————————–

Witness:————————————-   Seal:—————————————————

[signature, name, and address]

Section XII.  Eligibility and Qualification Form

Bidder is to confirm with a tick [✔] in each box on the right that the statement is true and sign and date the form where indicated.

The statements in this form are true and accurately reflect my eligibility and qualification.

Signed …………………Name ……………………………..Date ……….……….

Section XIII. Integrity Pact Form

This Integrity Pact is entered into on the 23^rd December, 2024 day of in the Year of Our Lord Two Thousand and twenty four Between Community Development Committee Marampa & Maforki   hereinafter referred to as “(Purchaser)”,and                                                                                                                                                                                                                                                                                                                                                

——————————————–hereinafter referred to as “(Supplier)”Preamble

Whereas “the Parties” are cognizant of the scourge of corruption and its negative effects on the development of a country and are aware also of the immense benefits which doing business in a corruption free environment holds for their individual businesses as well as for the country as a whole

AND Whereas corruption and corrupt practices in the form of procurement violations particularly conflict of interest have been identified as an area for immediate and targeted attention in the relationship between the public service and the private sector

AND Whereas the parties now wish to further commit themselves to actions which will promote a corruption free business environment including full compliance with all relevant laws, rules and regulations which may currently be in force relating to anti-corruption and good business practices in line with the Anti-Corruption Act, 2008 and other government initiatives relating to the private sector in Sierra Leone

The Parties hereby commit themselves and pledge as follows:

1. To maintain a strict and unwavering adherence to good business practices in the execution of all their undertakings.
2. To take all measures necessary to prevent corruption in their mutual and other dealings.
3. To observe and implement recommendations, instructions or directives from the Anti-Corruption Commission made pursuant to the Anti-Corruption Act 2008.
4. To uphold implement and maintain a No bribery policy in the conduct of their transactions.

Reporting violations

5. To promptly inform the Anti-Corruption Commission of any employee, agent, representative or an associate, whether its own or of the other Party, who conduct may constitute corruption, or is likely to engender corruption or corrupt practices.

Conflict of Interest

6. To actively guard against Conflict-of-Interest including situations when an employee or staff’s interest may interfere with the interests of the enterprise/organization to which he/she is employed.
7. To insist that employees or staff shall disclose to the enterprise/organization any situation that reasonably would be expected to give rise to a conflict of interest or the appearance of the same.
8. To ensure that employees or staff obtain approval prior to accepting any position to serve on a board of directors, an advisory board or on a committee of any entity.
9. That no employee/staff may obtain any personal material benefit or favour because of his or her position with the enterprise/organization.
10. That no employee/staff may have financial interest (indirect ownership, direct ownership or otherwise) in a company whose business/operations relate to his/her post, functions held or otherwise supervised in his/her current employment.
11. To closely monitor and regulate actual or potential conflict of interests, occasioned by the influence of certain social relationships on the objectivity of the employee/staff in making dispassionate judgment on behalf of the enterprise/organization.