BPP STANDARD TENDER FOR THE PROCUREMENT OF SMALL WORKS 4, 5, 7 & 8

Read: Section 1
Read: Section 2 & 3

Section 4.  Special Conditions of Contract

Instructions for completing the Special Conditions of Contract are provided, as needed, in the notes in italics mentioned for the relevant GCC Clauses.
Clause Ref	Amendments of, and Supplements to, Clauses in the General Conditions of Contract
GCC 1.1(d)	The Contractor is [name, address and name of authorised representative].
GCC 1.1(i)	The Employer is [name, address and name of authorised representative].
GCC 1.1(j)	The Engineer is [name and address of the Engineer].
GCC 1.1(l)	The Site is located at [enter location of Site].
GCC 1.1(m)	The Works are [enter the name of the Works]
GCC 2.2(h)	The additional documents forming part of this Contract are: [if there are no additional documents state “No additional documents”.]
GCC 5.1	The Engineer shall obtain specific approval of the Employer before taking any of the following actions:
GCC 7.1	The addresses for Communications shall be: For the Employer:  [insert name, address and contact details] For the Contractor: [insert name, address and contact details].
GCC 9.1	The Key Personnel of the Contractor are:
GCC 15.1	For insurance purposes the type of cover required shall be:
	Type of Cover	Amount of Cover	Exclusions
	The Works, Materials and Plant	The Contract Sum
	Contractor’s Equipment	Full replacement cost
	Third Party injury to persons and damage to property
	Workers
GCC 16.1	Possession of the site shall be within [     ] days from the date of signing of the Contract.
GCC 17.1	Commencement of work shall be within [     ] days from the date of handing over possession of the Site.
GCC 18.1	Completion of works shall be within [     ] days from the date of commencing the works on the site.
GCC 19.1 & 19.2	The Contractor shall submit the first Programme of Works [….] days after signing the Contract, and shall update the Programme every [……..] weeks during the period of the Contract.
GCC 22.1	[ Enter here the agreed rates for non-scheduled items of work if known, if not known then make the statement “The rates for non-scheduled items of works shall be determined by the Engineer”.
GCC 25.2	An advance payment of 15 % of the Contract Price will be made to the Contractor within (14) days of Contract signing date. [usually, an advance payment is made for mobilisation, if admissible to the Employer considering the nature of the works. The recommended maximum advance is 15% of the Contract Price against an unconditional bank guarantee (Form W-7). The procuring entity should amend this clause as required for the particular procurement.]
GCC 26.1	The Retention shall be [insert percentage]% of the Contract Price. (The retention should not exceed 5% if a performance guarantee is also required)
GCC 27.1	The liquidated damages for the whole of the Works are [percentage of the final Contract Price] per day. The maximum amount of liquidated damages for the whole of the Works is [insert number] percent of the final Contract Price. [usually, liquidated damages are set between 0.05 of one percent and 0.10 of one percent per day (or half of one percent per week of delay) and the total amount is not to exceed 10 percent of the Contract Price.]
GCC 28.1
GCC 31.1	The Defects Liability Period shall be [         ] days.
GCC 35.1	The percentage to apply to the value of the work not completed, representing the Employer’s additional cost for completing the Works, is [percent]
GCC 37.3

 

 

 

Read: DPR Permits Applications 

 

Section 5.  Tender and Contract Forms

Form	Title
Tender Forms
W-1	Tender Submission Sheet
W-2	Tenderer Information Sheet
W-3	Bank Guarantee for Tender Security
Contract Forms
W-4	Notification of Award
W-5	Contract Agreement
W-6	Bank Guarantee for Performance Security
W-7	Bank Guarantee for Advance Payment

Forms W1-W3 comprise part of the Tender Format and should be completed as stated in ITT Clause 12.

Forms W4-W7 comprise part of the Contract as stated in GCC Clause 2.

 

Tender Submission Sheet (Form W-1)

Invitation for Tender No:                                                         Date:

Tender Package No:

 

To:

[Name and address of Employer]

We, the undersigned, offer to execute in conformity with the Conditions of Contract and associated Contract Documents, the following Works and Related Services, viz:

[state here a brief description of the Works and Related Services]

 

The total Price of our Tender is:

Naira: [state amount in figures]

[state amount in words]

 

Our Tender shall be valid for the period stated in the Special Instructions To Tenderers and it shall remain binding upon us and may be accepted at any time before the expiration of that period. A Tender Security in the amount stated in the Special Instructions To Tenderers is attached in the form of a [bank draft, pay order, bank guarantee] valid for a period of 28 days beyond the Tender validity date. [include this sentence only if a Tender Security is required].

 

If our Tender is accepted, we commit to obtaining a Performance Security in the amount stated in the Special Instructions To Tenderers and valid for a period of 28 days beyond the issue of the Certificate of Completion of Works.

 

We declare that we, and any subcontractors or Contractors for any part of the Contract have not been declared ineligible by the Government of Nigeria on charges of engaging in corrupt, fraudulent, collusive or coercive practices. Furthermore, we are aware of ITT Clause 3 concerning this and pledge no not to indulge in such practices in competing for or in executing the Contract.

 

We are not participating as Tenderers in more than one Tender in this tendering process. We understand that your written Notification of Award shall constitute the acceptance of our Tender and shall become a binding Contract between us, until a formal Contract is prepared and executed.

 

We understand that you are not bound to accept the lowest evaluated Tender or any other Tender that you may receive.

	Signed
	In the capacity of:
	Duly authorised to sign the Tender on behalf of the Tenderer
	Date

 

 

 

Read: Business/ Company Registration Service

 

 

 

Tenderer Information Sheet (Form W-2)

All Tenderers shall include the following information and documents with their Tenders:

Notes on Tenderer Information Sheet   The information to be filled in by Tenderers in the following pages will be used for purposes of verification of eligibility and qualification of the Tenderer as provided for in relevant Clauses of the Instructions to Tenderers. The Tenderer, if prequalified earlier, should fill in updated information only.  Additional pages may be attached as necessary. This information will not be incorporated in the Contract.

 

Tender No:

Invitation for Tender No:

 

 

1. Name and value of Works performed in the last 5 years.
Year	Name of Works					Value of Works			Name of Employer
2. Works in Hand
Name of Works					Value of Works			Progress %
3. The Tenderer should list the Equipment deemed essential for carrying out the Works.
Type of Equipment					No. Available			Owned / Leased (and from whom)
4. Evidence of financial capability to perform this Contract. The Tenderer should list cash in hand, lines of credit, and attach supporting documentary evidence
1
2
3
4
5
5. Schedule of Key Personnel
Sl No		Position	Name				Qualification				Experience
6. Status of Enlistment:
Name of Procuring Entity				Enlistment Reference						No of Years Enlisted

_______________________________

[Signature and Seal of the Tenderer]

Name: _______________________

Address:__________________________________________________________________________________________________

Date: _________________

 

Bank Guarantee for Tender Security (Form W-3)

[this is the format for the Tender Security to be issued by a commercial Bank of Nigeria in accordance with ITT Clause 15]

 

Invitation for Tender No:	Date:
Tender Package No:
To: [Name and address of Employer]

 

 

 

Read: Hire a Layer or Law Firm Port Harcourt in Nigeria

 

 

 

TENDER GUARANTEE No:

We have been informed that [name of Tenderer] (hereinafter called “the Tenderer”) intends to submit to you its Tender dated [date of Tender] (hereinafter called “the Tender”) for the execution of the Works of [description of works] under the above Invitation for Tenders (hereinafter called “the IFT”).

Furthermore, we understand that, according to your conditions tenders must be supported by a Tender Guarantee.

 

At the request of the Tenderer, we [name of bank] hereby irrevocably undertake to pay you, without cavil or argument, any sum or sums not exceeding in total an amount of Naira [insert amount in figures and words] upon receipt by us of your first written demand accompanied by a written statement that the Tenderer is in breach of its obligation(s) under the Tender conditions, because the Tenderer:

• has withdrawn its Tender during the period of Tender validity specified by the Tenderer in the Form of Tender; or
• does not accept the correction of errors in accordance with the Instructions to Tenderers ITT; or
• having been notified of the acceptance of the Tender by the Employer during the period of Tender validity, (i) fails or refuses to furnish the performance security in accordance with the ITT, or (ii) fails or refuses to execute the Contract Form,

 

This guarantee will expire

• if the Tenderer is the successful Tenderer, upon our receipt of a copy of the Performance Security and a copy of the Contract signed by the Tenderer as issued by you; or
• if the Tenderer is not the successful Tenderer, twenty eight days after the expiration of the Tenderer’s Tender validity period, being [date of expiration of the Tender].

 

Consequently, we must receive at the above-mentioned office any demand for payment under this guarantee on or before that date.

Signature

Signature

Notification of Award (Form W-4)

Contract No:	Date:
To: [name and address of Contractor]

This is to notify you that your Tender dated [insert date] for the execution of the Works for [name of project / Contract] for the Contract Price of Naira [amount in figures and in words], as corrected and modified in accordance with the Instructions to Tenderers is hereby accepted by [name of the Employer].

 

You are requested to proceed with the execution of the Works on the basis that this Notification of Award shall constitute the formation of a Contract, which shall become binding upon you furnishing a Performance Security within fourteen (14) days, in accordance with ITT Clause 32, and the signing the Contract Agreement within twenty-one (21) days, in accordance with ITT Clause 33.

 

We attach the Contract Agreement and Special Conditions of Contract for your perusal and signature.

	Signed Duly authorised to sign for and on behalf of [name of Procuring Entity]
	Date:

Contract Agreement (Form W-5)

THIS AGREEMENT, made the [day] of [month] [year] between [name and address of Employer] (hereinafter called “the Employer”) of the one part and [name and address of Contractor] (hereinafter called “the Contractor”) of the other part.

 

WHEREAS, the Employer invited Tenders for certain Works, viz, [brief description of the Works] and has accepted a Tender by the Contractor for the execution of those works in the sum of Naira [insert amount in figures and words], hereinafter called “the Contract Price.

 

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the General Conditions of Contract hereinafter referred to.
2. The documents forming the Contract shall be interpreted in the following order of priority:

• The signed Contract Agreement;
• The letter of Notification of Award;
• The completed Tender Submission Sheet as submitted by the Tenderer;
• The priced Schedule of Works as completed by the Tenderer;
• The Special Conditions of Contract;
• The General Conditions of Contract;
• Technical Specification
• The Drawings; and
• Any other document listed in the SCC 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 to 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 therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

 

IN WITNESS whereof the Parties thereto have caused this Agreement to be executed in accordance with the laws of Nigeria on the day month and year first before written.

	For the Employer	For the Contractor
Signature
Print Name
Title
In the presence of (Name)
Address

 

 

Get a Business Representative in Nigeria

 

 

Bank Guarantee for Performance Security (Form W-6)

[this is the format for the Performance Security to be issued by a commercial bank of Nigeria in accordance with ITT Clause 32]

 

Contract No:	Date:
To: [Name and address of Employer]

 

PERFORMANCE GUARANTEE No:

We have been informed that [name of Contractor] (hereinafter called “the Contractor”) has undertaken, pursuant to Contract No [reference number of Contract] dated [date of Contract] (hereinafter called “the Contract”), the execution of works [description of works] under the Contract.

 

Furthermore, we understand that, according to your conditions, Contracts must be supported by a performance guarantee.

 

At the request of the Contractor, we [name of bank] hereby irrevocably undertake to pay you, without cavil or argument, any sum or sums not exceeding in total an amount of Naira [insert amount in figures and in words] upon receipt by us of your first written demand accompanied by a written statement that the Contractor is in breach of its obligation(s) under the Contract conditions, without your needing to prove or show grounds or reasons for your demand of the sum specified therein.

 

This guarantee is valid until [date of validity of guarantee], consequently, we must receive at the above-mentioned office any demand for payment under this guarantee on or before that date.

Signature

Signature

 

Bank Guarantee for Advance Payment (Form W-7)

[this is the format for the Advance Payment Guarantee to be issued by a commercial bank

 of Nigeria in accordance with SCC Clause 25.2]

 

Contract No:	Date:
To: [Name and address of Employer]

 

ADVANCE PAYMENT GUARANTEE No:

 

We have been informed that [name of Contractor] (hereinafter called “the Contractor”) has undertaken, pursuant to Contract No [reference number of Contract] dated [date of Contract] (hereinafter called “the Contract”), the execution of works [description of works] under the Contract.

 

Furthermore, we understand that, according to your conditions, Advance Payments must be supported by a bank guarantee.

 

At the request of the Contractor, we [name of bank] hereby irrevocably undertake to pay you, without cavil or argument, any sum or sums not exceeding in total an amount of Naira [insert amount in figures and in words] upon receipt by us of your first written demand accompanied by a written statement that the Contractor is in breach of its obligation(s) under the Contract conditions, without you needing to prove or show grounds or reasons for your demand of the sum specified therein.

 

We further agree that no change, addition or other modification of the terms of the Contract to be performed, or of any of the Contract documents which may be made between the 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 is valid until [date of validity of guarantee], consequently, we must receive at the above-mentioned office any demand for payment under this guarantee on or before that date.

 

Signature

Signature

 

 

Section 6.  Schedule of Works including Technical Specifications

 

Item No.	Specification Clause Number	Brief Description of Works	Unit of Works	Quantity of Works	Unit Rate (in Naira)	Total Amount (in Naira)
1	2	3	4	5	6	7 = 5×6
Total Amount in Naira

 

The objectives of the Schedule of Works including Technical Specifications are:

(a)       to provide sufficient information on the quantities of Works to be performed to enable Tenders to be prepared efficiently and accurately; and

(b)       when a Contract has been entered into, to provide a priced Schedule for use in the periodic valuation of Works executed.

In order to attain these objectives, Works should be itemized in the above schedule in sufficient detail to distinguish between the different classes of Works, or between Works of the same nature carried out in different locations or in other circumstances that may give rise to different considerations of cost.  Consistent with these requirements, the layout and content of the Schedule should be as simple and brief as possible. If required the Technical Specifications for particular items or classes of work should be specified in more detail in the form of notes attached to this Section.

 

 

Section 7.  Drawings

Notes on Drawings Insert here a list of Drawings.  The actual Drawings, including site plans, should be attached to this section or annexed in a separate folder. The Drawings shall be dated, numbered and show the revision number.

 

Section 8.  Technical Specification