伊拉克苏莱曼尼亚市医院项目招标文件(英文版）

　　CONTENTS

　　Volume I - Bidding Procedures and Contract Conditions

　　Volume II - Specifications

　　Volume III - Bill of Quantities

　　Volume IV - Drawings

　　VOLUME I – BIDDING PROCEDURES AND CONTRACT CONDITIONS

　　CONTENTS

　　Instructions to Bidders

　　Conditions of Contract

　　Part I - General Conditions

　　Part II - Conditions of Particular Application

　　Tender and Appendix to Bid

　　Form of Tender Security

　　Form of Agreement

　　Form of Performance Security

　　Form of Bank Guarantee for Advance Payment

　　INSTRUCTIONS TO BIDDERS

　　A. General

　　1. Scope of Bid

　　1.1 The World Health Organization, hereinafter "the Employer", wishes to receive bids for the construction of a 400 Bed Hospital at Suleimaniyeh in Northern Iraq, hereinafter referred to as "the Works",

　　1.2 The successful bidder will be expected to complete the Works within the period stated in the Appendix to Bid.

　　1.3 Throughout these bidding documents, the terms bid and tender and their derivatives (bidder/tenderer, bid/tendered, bidding/tendering, etc.) are synonymous, and day means calendar day. Singular also means plural.

　　2. Qualification

　　2.1 Bidders shall, as part of their bid, submit in a separate

　　folder marked Qualification of the Bidder, the following documents:

　　(a) A written power of attorney authorizing the signatory of the bid to commit the bidder;

　　(b) The name of the company, registered address, description, date established, years of experience as contractor, structure and organization, details of the number of technical, administrative and labour resources, details of contractor’s equipment and facilities;

　　(c) Registration certificates and certificates of good standing;

　　(d) Statement confirming current ownership, directors and authorized executives;

　　2.2 Bids submitted by a joint venture of two or more firms as partners shall comply with the following requirements:

　　(a) The bid shall include all the information listed in Sub-Clause 2.1 above;

　　(b) The bid and, in case of a successful bid, the Agreement, shall be signed so as to be legally binding on all partners;

　　(c) One of the partners shall be nominated as being in charge, and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners;

　　(d) The partner in charge shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partners of the joint venture and the entire execution of the contract, including payment, shall be done exclusively with the partner in charge;

　　(e) All partners of the joint venture shall be liable jointly and severally for the execution of the contract in accordance with the contract terms, and a statement to this effect shall be included in the authorization mentioned under (c) above, as well as in the bid and in the Agreement (in case of a successful bid); and

　　(f) A copy of the agreement entered into by the joint venture partners shall be submitted with the bid.

　　3. One Bid per

　　3.1 Each bidder shall submit only one bid either by

　　Bidder imself, or as a partner in a joint venture. A bidder who

　　submits or participates in more than one bid will be disqualified.

　　4. Cost of

　　4.1 The bidder shall bear all costs associated with the

　　Bidding preparation and submission of its bid, and the Employer will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

　　5. Site Visit

　　5.1 The bidder is advised to visit and examine the Site

　　of Works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the bidder's own expense.

　　5.2 The bidder and any of its personnel or agents will be

　　granted permission by the Employer to enter upon the site for the purpose of such visit, but only upon the express condition that the bidder, its personnel, and agents, will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.

　　5.3 The Employer may conduct a Site visit concurrently with any pre-bid meeting that may be called for by the Employer.

　　B. Bidding Documents

　　6. Content of

　　6.1 The bidding documents are those stated below, and

　　Bidding Documents should be read in conjunction with any Addenda issued during the bidding period: Volume I: Bidding Procedures and Contract Conditions.

　　7. Clarification of

　　7.1 A prospective bidder requiring any clarification of the

　　Bidding Documents bidding documents may notify the Engineer in writing or by facsimile) at the Engineer’s address. The Engineer will respond to any request for clarification which he receives earlier than 28 days prior to the deadline for submission of bids. Copies of the Engineer's response will be forwarded to all bidders, including a description of the inquiry but without identifying its source.

　　8.Amendment

　　8.1 At any time prior to the deadline for submission of bids, of Bidding the Employer may amend the bidding documents by Documents issuing Addenda.

　　8.2 Any Addendum thus issued shall be part of the bidding documents, and shall be communicated in writing to all bidders. Prospective bidders shall promptly acknowledge receipt of each Addendum in writing to the Employer.

　　8.3 To give prospective bidders reasonable time in which to take an Addendum into account in preparing their bids, the Employer shall extend as necessary the deadline for submission of bids, and notify all bidders.

　　C. Preparation of Bids

　　9. Language of Bid

　　9.1 The bid, and all correspondence and documents related

　　to the bid exchanged by the bidder and the Employer shall be written in English. Supporting documents and printed literature furnished by the bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in the above stated language, in which case, for purposes of interpretation of the bid, the translation shall prevail.

　　10. Documents

　　10.1 The bid submitted by the bidder shall comprise the

　　Comprising following: duly filled-in Form of Tender and Appendix

　　the Bid to Bid, Bid Security, priced Bill of Quantities, alternative offers where invited, and any information or other materials required to be completed and submitted by bidders in accordance with these Instructions to Bidders.

　　10.2 In addition, the Bid submission shall include:

　　(a) Qualification documents in separate folder according to Clause 2 of the Instruction to Bidders.

　　(b) A separate folder marked Bid Information which shall include:

　　i) A schedule of proposed sub-contractors indicating a list of the major sections and appropriate value of the work for which the bidder proposes to use sub-contractors, together with the names of the proposed sub-contractors and statements of their capabilities and similar works executed;

　　ii) A schedule of proposed manufacturers / suppliers indicating a list of the major items of supply together with the names of the proposed manufacturers / suppliers and statements of their capabilities and similar works for which such items have been provided;

　　iii) A project organization chart with names, qualifications and experience of all proposed senior technical and administrative personnel proposed to be assigned to the project;

　　iv) A detailed work programme proposed for the execution of the work including mobilization, engineering, procurement, construction, testing, commissioning and handover. The programme shall indicate all work activities and trades with duration and relationship;

　　v) A fully detailed Quality Management System which the bidder proposes for the project together with names, qualification and experience of the proposed quality management staff;

　　vi) Statement detailing the bidder proposed arrangements for temporary site installations, including offices, stores, workshops, accommodation, utilities and services.

　　11. Bid Prices

　　11.1 Unless stated otherwise in the bidding documents, the

　　contract shall be for the whole Works as described in Sub-Clause 1.1, based on the unit rates and prices in the Bill of Quantities submitted by the bidder.

　　11.2 The bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items against which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bill of Quantities.

　　11.3 All obligations by the Contractor under the contract, shall be included in the rates and prices and the total Bid Price submitted by the bidder.

　　11.4 Unless otherwise provided in the Contract, the rates and prices quoted by the bidder are deemed to be fixed rates and prices and shall not be subject to adjustment during the performance of the contract.

　　12. Currencies

　　12.1 The currency of the bid shall be the US Dollar of Bid Payment

　　12.2 The Bid price and the unit rates and the prices shall be quoted by the bidder entirely in the currency of the bid specified above.

　　13. Bid

　　13.1 Bids shall remain valid for the period stipulated in the Validity Bidding Documents.

　　13.2 In exceptional circumstances, prior to expiry of the original bid validly period, the Employer may request that the bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing. A bidder may refuse the request without forfeiting its bid security. A bidder agreeing to the request will not be required or permitted to modify its bid, but will be required to extend the validity of its bid security for the period of the extension.

　　14. Bid

　　14.1 The bidder shall furnish, as part of its bid, a bid security

　　Security in the amount of US $ 600,000 (Six Hundred Thousand US Dollars).

　　14.2 The bid security shall be in the form of a bank guarantee from a reputable bank approved by the Employer. The format of the bank guarantee shall be in accordance with the form included in the Bidding Documents. Bid security shall remain valid for a period of 28 days beyond the validity period for the bid.

　　14.3 Any bid not accompanied by an acceptable bid security shall be rejected by the Employer as nonresponsive. The bid security of a joint venture must be in the name of the joint venture submitting the bid.

　　14.4 The Bid securities of unsuccessful bidders will be returned as promptly as possible, but not later than 28 days after the expiration of the period of bid validity.

　　14.5 The bid security of the successful bidder will be returned when the bidder has signed the Agreement and furnished the required performance security.

　　15. Alternative

　　15.1 Bidders wishing to offer alternatives to the requirements Proposal of the bidding documents must first submit a fully by Bidders conforming bid as described in the bidding documents.

　　Bidders shall further provide in a separate envelope marked Alternative all information necessary for a complete evaluation of the alternative by the Employer, including drawings, design calculations, specifications, breakdown of prices, and proposed construction methodology and other relevant details. Only the alternatives, if any, of the lowest evaluated bidder conforming to the basic technical requirements shall be considered by the Employer.

　　16. Pre-Bid

　　16.1 The bidder's may be invited to attend a pre-bid meeting

　　Meeting which, if convened, will take place at the venue and time stipulated in the meeting invitation.

　　16.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

　　16.3 The bidder is requested, as far as possible, to submit any questions in writing, to reach the Employer and the Engineer not later than one week before the meeting. It may not be practicable at the meeting to answer questions received late, but questions and responses will be transmitted in accordance with the following Sub-Clause.

　　16.4 Minutes of the meeting, including the text of the questions raised and the responses given, together with any responses prepared after the meeting, will be transmitted without delay to all bidders. Any modification of the bidding documents, which may become necessary as a result of the pre-bid meeting shall be made by issue of an Addendum and not through the minutes of the pre-bid meeting.

　　17. Format and

　　17.l The bidder shall prepare one original of the documents

　　Signing of Bid comprising the bid as described in Clause 10 of these Instructions clearly marked "ORIGINAL". In addition, the bidder shall submit 2 (two) copies of the bid, and clearly marked "COPIES". In the event of discrepancy between them, the original shall prevail.

　　17.2 The original and all copies of the bid shall be typed or written in indelible ink (in the case of copies, photocopies are also acceptable) and shall be signed by the 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 initialed by the person signing the bid.

　　17.3 The bid shall contain no alterations, omissions, or additions, unless such corrections are initialed by the person or persons signing the bid. All pages of the bid submission shall be stamped and initialed by person signing the bid.

　　D. Submission of Bids

　　18. Sealing and 18.1 The bidder shall seal the original and each copy of the

　　Marking of Bids bid in separate envelopes, duly marking the envelopes as "ORIGINAL" and "COPIES" The envelopes shall then be sealed in an outer envelope.

　　18.2 The inner and outer envelopes shall:

　　(a) be addressed to the Employer at the address provided in the Appendix to Bid;

　　(b) be clearly marked as follows:

　　Bid for the 400 Bed Hospital at Suleimaniyeh Northern Iraq.

　　Do not open before bid closing time and date.

　　18.3 In addition to the identification required above, 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".

　　18.4 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. If the outer envelope discloses the bidder's identity, the Employer will not guarantee the anonymity of the bid submission, but this shall not constitute grounds for rejection of the bid.

　　19. Deadline

　　19.1 Bids must be received by the Employer at the address

　　for Submission of specified no later than the time and date stipulated in the Bids Employer’s Invitation for Bids.

　　19.2 The Employer may, in exceptional circumstances and at its discretion, extend the deadline for submission of bids by issuing an Addendum in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will thereafter be subject to the deadline as extended.

　　20. Late Bids

　　20.1 Any bid received by the Employer after the deadline for

　　submission of bids will be returned unopened to the bidder.

　　21. Modification,

　　21.1 The bidder may modify, substitute, or withdraw its bid Substitution, and after bid submission, provided that written notice of the withdrawal of Bids modification or withdrawal is received by the Employer prior to the deadline for submission of bids.

　　21.2 The bidder's modification, substitution, or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with the provisions specified for submission of bids, with the outer and inner envelopes additionally marked "MODIFICATION" or "WITHDRAWAL", as appropriate.

　　21.3 No bid may be modified by the bidder after the deadline for submission of bids, except in accordance with the provisions for correction of errors specified in the Instructions to Bidders.

　　21.4 Withdrawal of a bid during the interval between the deadline for submission of bids and expiration of the specified period of bid validity may result in the forfeiture of the bid security.

　　E. Bid Opening and Evaluation

　　22. Bid Opening

　　22.1 The Employer will open the bids, in the presence of bidders' designated representatives who choose to attend, at the time, date, and location stipulated for submission of bids. The bidders' representatives who are present shall sign a register evidencing their attendance.

　　22.2 Envelopes marked "WITHDRAWAL" and "SUBSTITUTION" shall be opened first and the name of the bidder shall be read out. Bids for which an acceptable notice of withdrawal has been submitted shall not be opened.

　　22.3 The bidders' names, the Bid Prices, including any alternative Bid Price or deviation, any discounts, bid modifications and withdrawals, the presence (or absence) of bid security, and any such other details as the Employer may consider appropriate, will be announced by the Employer at the opening. Subsequently, all envelopes marked `MODIFICATION shall be opened and the submissions therein read out in appropriate detail.

　　22.4 Bids not opened and read out at bid opening shall not be considered further for evaluation, irrespective of the circumstances.

　　23. Process to

　　23.1 Information relating to the examination, clarification, Be Confidential evaluation and of bids, and recommendations for the award of a contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful bidder has been announced. Any effort by a bidder to influence the Employer's processing of bids or award decisions may result in the rejection of the bidder's bid.

　　24. Clarification

　　24.1 To assist in the examination, evaluation, and of Bids comparison of bids, the Employer may, at its discretion, ask any bidder for clarification of its bid, including breakdowns of unit rates. The request for clarification and the response shall be in writing, 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.

　　25. Examination

　　25.1 Prior to the detailed evaluation of bids, the Employer of Bids and Determina-will determine whether each bid (a) has been properly tion of Responsiveness signed; (b) is accompanied by the required securities; (c) is substantially responsive to the requirements of the bidding documents; and (d) provides any clarification and/or substantiation that the Employer may require to determine responsiveness pursuant to SubClause 25.2.

　　25.2 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.

　　25.3 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 nonconforming deviation or reservation.

　　26.Correction and

　　26.1 Bids determined to be substantially responsive will be Errors checked by the Employer for any arithmetic errors.

　　Errors will be corrected by the Employer as follows:

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

　　(b) 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, unless in the opinion of the Employer there is an obviously gross misplacement of the decimal point in the unit rate, in which case the line item total as quoted will govern and the unit rate will be corrected.

　　26.2 The amount stated in the bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the bidder, shall be considered as binding upon the bidder. If the bidder does not accept the corrected amount of bid, its bid will be rejected, and the bid security may be forfeited.

　　27. Evaluation 27.1 The Employer will evaluate and compare only the bids and Comparison determined to be substantially responsive in accordance of Bids with Clause 25.

　　27.2 In evaluating the bids, the Employer will determine for each bid the Evaluated Bid Price by adjusting the Bid Price as follows:

　　a) making any correction for errors pursuant to Clause 26;

　　b) excluding Provisional Sums and the provision, if any, for Contingencies in the Summary Bill of Quantities, but including Daywork, where priced competitively;

　　c) making an appropriate adjustment on sound technical and/or financial grounds for any other quantifiable acceptable variations, deviations or alternative offers; and

　　d) making an allowance for varying times for completion offered by bidders, if different from that specified in the Bidding Documents and in the manner decided by the Employer.

　　27.3 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer. Variations, deviations, alternative offers, and other factors that are in excess of the requirements of the bidding documents shall not be taken into account in bid evaluation.

　　27.4 If the bid, which results in the lowest Evaluated Bid Price, is seriously unbalanced or front loaded in relation to the Engineer's estimate of the items of work to be performed under the contract, the Employer may require the bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analyses, taking into consideration the schedule of estimated contract payments, the Employer may require that the amount of the performance security set forth in the Appendix to Bid be increased at the expense of the bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful bidder under the contract.

　　F. Award of Contract

　　28. Award

　　28.1 Subject to Clause 29, 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 pursuant to Clause 27, provided that such bidder has been determined to be qualified in accordance with the provisions of the bidding documents.

　　29. Employer's

　　29.1 The Employer reserves the right to accept or reject any Right to Accept any bid, and to annul the bidding process and reject Bid and to Reject all bids, at any time prior to award of contract, without any or all Bids 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.

　　30. Notification

　　30.1 Prior to expiration of the period of bid validity of Award prescribed by the Employer, the Employer will notify the successful bidder in writing that its bid has been accepted. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") shall specify the sum which the Employer will pay the Contractor in consideration of the execution and completion of the Works and the remedying of any defects therein by the Contractor as prescribed by the contract (hereinafter and in the Conditions of Contract called "the Contract Price").

　　30.2 The notification of award will constitute the formation of the contract.

　　31. Signing

　　31.1 At the same time that the Employer notifies the successful Agreement bidder that its bid has been accepted, the Employer will send the bidder the Agreement in the form provided in the bidding documents, incorporating such modification as may be necessary.

　　31.2 Within 28 days of receipt of the Agreement, the successful bidder shall sign the Agreement and return it to the Employer, together with the required performance security.

　　31.3 Upon fulfillment of Sub-Clause 31.2, the Employer will promptly notify the other bidders that their bids have been unsuccessful and their bid security will be returned as promptly as possible.

　　32. Performance

　　32.1 Within 28 days of receipt of the Letter of Acceptance Security from the Employer, the successful bidder shall furnish to the Employer a performance security acceptable to the Employer in the form stipulated in the Bidding Documents.

　　32.2 The performance security is to be provided by the successful bidder in the form of a bank guarantee, and shall be issued by a bank acceptable to the Employer.

　　32.3 Failure of the successful bidder to comply with the requirements of Clauses 31 or 32 shall constitute a breach of contract, cause for annulment of the award, forfeiture of the bid security, and any such other remedy the Employer may take under the contract, and the Employer may resort to awarding the contract to the next ranked bidder.

　　CONDITIONS OF CONTRACT

　　PART I – GENERAL CONDITIONS

　　PART II – CONDITIONS OF PARTICULAR APPLICATION

　　Part I – General Conditions shall be Part I General Conditions of the Conditions of Contract for Works of Civil Engineering Construction, Fourth Edition 1987 reprinted 1992, as published by the Federation International des Ingenieurs Conseils (FIDIC). This document is under copy-right and is not reproduced herein. Copies can be obtained directly from FIDIC Secretariat, P.O. Box 86, 1000 Lausanne 12, Switzerland.

　　The General Conditions are linked with the Conditions of Particular Application referred to as Part II, by the corresponding numbering of the clauses, so that Parts I and II together comprise the Conditions governing the rights and obligations of the Parties. The General Conditions are subject to the variations and additions set out in Part II hereof entitled Part II Conditions of Particular Application.

　　PART II: CONDITIONS OF PARTICULAR APPLICATION (COPA)

　　Definitions and Interpretation

　　Sub-Clause 1.1 Definitions

　　(a) (i) The Employer is the party stipulated in the Appendix to Bid.

　　(a) (iv) The Engineer is the party stipulated in the Appendix to Bid.

　　Amend Subpara. (a) (iv) also by adding the following words after the word Conditions:

　　or any other competent person appointed by the Employer, and notified to the Contractor, to act in replacement of the Engineer.

　　Amend Subpara. (b) (v) of Sub-Clause 1.1 by adding the following words at the end:

　　The word ‘tender’ is synonymous with ‘bid,’ and the words ‘Appendix to Tender’ with ‘Appendix to Bid,’ and the words ‘tender documents’ with ‘bidding documents.’

　　Engineer and Engineer’s Representative

　　Sub-Clause 2.1 Engineer’s Duties and Authority

　　With reference to Sub-Clause 2.1 (b), the following provision shall also apply:

　　The Engineer shall obtain the specific approval of the Employer before taking any of the following actions specified in Part I:

　　(a) consenting to the subletting of any part of the Works under Clause 4;

　　(b) certifying additional cost determined under Clause 12;

　　(c) determining an extension of time under Clause 44;

　　(d) issuing a variation under Clause 51, except in an emergency situation, as reasonably determined by the Engineer; or

　　(e) fixing rates or prices under Clause 52.

　　Notwithstanding the obligation, as set out above, to obtain approval, if, in the opinion of the Engineer, an emergency occurs affecting the safety of life or of the Works or of adjoining property, he may, without relieving the Contractor of any of his duties and responsibilities under the Contract, instruct the Contractor to execute all such work or to do all such things as may, in the opinion of the Engineer, be necessary to abate or reduce the risk. The Contractor shall forthwith comply, despite the absence of approval of the Employer, with any such instruction of the Engineer. The Engineer shall determine an addition to the Contract Price, in respect of such instruction, in accordance with Clause 52 and shall notify the Contractor accordingly, with a copy to the Employer.

　　Contract Documents

　　Sub-Clause 5.1 Language and Law

　　(a) The language is stipulated in the Appendix to Bid.

　　(b) The law is that in force in the country stipulated in the Appendix to Bid.

　　Sub-Clause 5.2 Priority of Contract Documents

　　Delete the documents listed 1–6 and substitute:

　　(1) the Contract Agreement (if completed);

　　(2) the Letter of Acceptance;

　　(3) the Bid and the Appendix to Bid;

　　(4) the Conditions of Contract, Part II;

　　(5) the Conditions of Contract, Part I;

　　(6) the Technical Specifications;

　　(7) the Drawings;

　　(8) the priced Bill of Quantities; and

　　(9) other documents, as listed in the Letter of Acceptance.

　　General Obligations

　　Sub-Clause 10.1 Performance Security

　　Replace the text of Sub-Clause 10.1 with the following:

　　The Contractor shall provide security for his proper performance of the Contract to the Employer within 28 days after the receipt of the Letter of Acceptance. The performance security shall be in the form of a bank guarantee or performance bond, as stipulated by the Employer in the Appendix to Bid. The performance security shall be denominated in the types and proportions of currencies in which the Contract Price is payable. The Contractor shall notify the Engineer when providing the performance security to the Employer.

　　If the performance security is a bank guarantee, it shall be issued either (a) by a bank located in the country of the Employer or a foreign bank through a correspondent bank located in the country of the Employer, or (b) directly by a foreign bank that has been determined in advance to be acceptable to the Employer.

　　If the performance security is a performance bond, it shall be issued by a bonding or insurance company acceptable to the Employer.

　　Without limitation to the provisions of the preceding paragraph, whenever the Engineer determines an addition to the Contract Price as a result of a change in cost and/or legislation or as a result of a variation amounting to more than 25 percent of the portion of the Contract Price payable in a specific currency, the Contractor, at the Engineer’s written request, shall promptly increase the value of the performance security in that currency by an equal percentage. The performance security of a joint venture shall be in the name of the joint venture.

　　Sub-Clause 10.2 Period of Validity of the Performance Security

　　Replace the text of Sub-Clause 10.2 with the following:

　　The performance security shall be valid until a date 28 days from the date of issue of the Taking-Over Certificate in the case of a bank guarantee, and one year from such date of issue in the case of a performance bond. The security shall be returned to the Contractor within 14 days of expiration.

　　Sub-Clause 10.4 Cost of Performance Security Add the following Sub-Clause 10.4:

　　The cost of complying with the requirements of this clause shall be borne by the Contractor.

　　Sub-Clause 11.2 Access to Data Add new Sub-Clause 11.2:

　　Data made available by the Employer in accordance with Sub-Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.

　　Sub-Clause 14.1 Program to Be Submitted

　　The time within which the program shall be submitted shall be the number of days stipulated in the Appendix to Bid.

　　Sub-Clause 14.3 Cash Flow Estimate to Be Submitted

　　The time within which the detailed cash flow estimate shall be submitted shall be the number of days specified in the Appendix to Bid.

　　Sub-Clause 15.2 Language Ability of Contractor’s Representative

　　Add the following Sub-Clause 15.2:

　　If the Contractor’s authorized representative is not, in the opinion of the Engineer, fluent in the language specified in the Appendix to Bid, the Contractor shall have available on site at all times a competent interpreter to ensure the proper transmission of instructions and information.

　　Sub-Clause 16.3 Language Ability of Superintending Staff

　　Add the following Sub-Clause 16.3:

　　A reasonable proportion of the Contractor’s superintending staff shall have a working knowledge of the language specified in the Appendix to Bid, or the Contractor shall have available on site at all times a sufficient number of competent interpreters to ensure the proper transmission of instructions and information.

　　Sub-Clause 20.4 Employer’s Risks Amend Sub-Clause 20.4 to read as follows:

　　The Employer’s risks are

　　(a) insofar as they directly affect the execution of the Works in the country where the Permanent Works are to be executed:

　　(i) war and hostilities (whether war be declared or not), invasion, act of foreign enemies;

　　(ii) rebellion, revolution, insurrection, military or usurped power, or civil war;

　　(iii) ionizing radiations, or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;

　　(iv) pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds;

　　(v) riot, commotion, or disorder, unless solely restricted to the employees of the Contractor or of his Subcontractors and arising from the conduct of the Works;

　　(b) loss or damage due to the use or occupation by the Employer of any Section or part of the Permanent Works, except as may be provided for in the Contract;

　　(c) loss or damage to the extent that it is due to the design of the Works, other than any part of the design

　　provided by the Contractor or for which the Contractor is responsible; and

　　(d) any operation of the forces of nature (insofar as it occurs on the Site) that an experienced contractor:

　　(i) could not have reasonably foreseen, or

　　(ii) could reasonably have foreseen, but against which he could not reasonably have taken at least one of the following measures:

　　(A) prevent loss or damage to physical property from occurring by taking appropriate measures, or

　　(B) insure against such loss or damage.

　　Sub-Clause 21.1 Insurance of Works and Contractor’s Equipment

　　Add the following words at the end of sub-para. (a) and immediately before the last word of sub-para. (b) of Sub-Clause 21.1:

　　it being understood that such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred,

　　Sub-Clause 21.2 Scope of Cover

　　Amend sub-para. (a) of Sub-Clause 21.2 by deleting the words from the start of work at the Site and by substituting therefor the words from the first working day after the Commencement Date.

　　Sub-Clause 21.2 Scope of Cover

　　Add the following as Sub-Clause (c) under Sub-Clause 21.2:

　　(c) It shall be the responsibility of the Contractor to notify the insurance company of any change in the nature and extent of the Works and to ensure the adequacy of the insurance coverage at all times during the period of the Contract.

　　Sub-Clause 21.4 Exclusions

　　Amend Sub-Clause 21.4 to read as follows:

　　There shall be no obligation for the insurances in Sub-Clause 21.1 to include loss or damage caused by the risks listed under Sub-Clause 20.4 sub-paras. (a) (i) to (iv) of the Conditions of Particular Application.

　　Sub-Clause 25.1 Evidence and Terms of Insurances

　　Amend Sub-Clause 25.1 by inserting the words as soon as practicable after the respective insurances have been taken out but in any case before the words prior to the start of work at the Site.

　　Defects Liability

　　Sub-Clause 49.5 Extension of Defects Liability

　　The provisions of this clause shall apply to all replacements or renewals of Plant carried out by the Contractor to remedy defects and damages as if the replacements and renewals had been taken over on the date they were completed. The Defects Liability Period for the Works shall be extended by a period equal to the period during which the Works cannot be used by reason of a defect or damage. If only part of the Works is affected, the Defects Liability Period shall be extended only for that part. In neither case shall the Defects Liability Period extend beyond the number of years from the date of taking over, as specified in the Appendix to Bid.

　　When progress in respect of Plant has been suspended under Clause 40, the Contractor’s obligations under this Clause shall not apply to any defects occurring more than the number of years stipulated in the Appendix to Bid after the Time for Completion established on the date of the Letter of Acceptance.

　　Alterations, Additions, and Omissions

　　Sub-Clause 52.1 Valuation of Variations

　　Add final sentences as follows:

　　Where the Contract provides for the payment of the Contract Price in more than one currency, and varied work is valued at, or on the basis of, the rates and prices set out in the Contract, payment for such varied work shall be made in the proportions of various currencies specified in the Appendix to Bid for payment of the Contract Price. Where the Contract provides for payment of the Contract Price in more than one currency, and new rates or prices are agreed, fixed, or determined as stated above, the amount or proportion payable in each of the applicable currencies shall be specified when the rates or prices are agreed, fixed, or determined, it being understood that in specifying these amounts or proportions the Contractor and the Engineer (or, failing agreement, the Engineer) shall take into account the actual or expected currencies of cost (and the proportions thereof) of the inputs of the varied work without regard to the proportions of various currencies specified in the Appendix to Bid for payment of the Contract Price.

　　Sub-Clause 52.2 Power of Engineer to Fix Rates

　　Add a final sentence to the first paragraph, as follows:

　　Where the Contract provides for the payment of the Contract Price in more than one currency, the amount or proportion payable in each of the applicable currencies shall be specified when the rates or prices are agreed, fixed, or determined as stated above, it being understood that in specifying these amounts or proportions the Contractor and the Engineer (or, failing agreement, the Engineer) shall take into account the actual or expected currencies of cost (and the proportions thereof) of the inputs of the varied work without regard to the proportions of various currencies specified in the Appendix to Bid for payment of the Contract Price.

　　Sub-Clause 52.2 Power of Engineer to Fix Rates

　　Add as a third paragraph:

　　Provided further that no change in the rate or price for any item contained in the Contract shall be considered unless such item accounts for an amount more than 2 percent of the Contract Price, and the actual quantity of work executed under the item exceeds or falls short of the quantity set out in the Bill of Quantities by more than 25 percent.

　　Sub-Clause 52.3 Variations Exceeding 15 Percent

　　Add a final sentence, as follows:

　　Where the Contract provides for the payment of the Contract Price in more than one currency, the amount or proportion payable in each of the applicable currencies shall be specified when such further sum is agreed or determined, it being understood that in specifying these amounts or proportions the Contractor and the Engineer (or, failing agreement, the Engineer) shall take into account the currencies (and the proportions thereof) in which the Contractor’s Site and general overhead cost of the Contract were incurred without being bound by the proportions of various currencies specified in the Appendix to Bid for payment of the Contract Price.

　　Sub-Clause 55.2 Omissions of Quantities

　　Items of the Works described in the Bill of Quantities for which no rate or price has been entered in the Contract shall be considered as included in other rates and prices in the Contract and will not be paid for separately by the Employer.

　　Nominated Subcontractors

　　Clause 59 Materials and Plant Supplied by the Employer

　　The supply of Plant and /or equipment by the Employer should be treated as a nominated subcontract, pursuant to Clause 59.

　　Certificates and Payment

　　Clause 60 Certificates and Payment

　　Clause 60 of the General Conditions is deleted and the following Sub-Clauses 60.1-60.14 are substituted therefor:

　　Sub-Clause 60.1 Monthly Statements

　　The Contractor shall submit a statement in the number of copies specified in the Appendix to Bid to the Engineer at the end of each month, in a tabulated form approved by the Engineer, showing the amounts to which the Contractor considers himself to be entitled. The statement shall include the following items, as applicable, which shall be taken into account in the sequence listed:

　　(a) the estimated Contract value of the Temporary and Permanent Works executed up to the end of the month in question, determined in accordance with Sub-Clause 56.1, at the unit rates and prices included in the Contract;

　　(b) the actual value certified for payment for the Temporary and Permanent Works executed up to the end of the previous month, at the unit rates and prices included in the Contract;

　　(c) the estimated Contract value at the unit rates and prices included in the Contract of the Temporary and Permanent Works for the month in question, obtained by deducting (b) from (a);

　　(d) the value of any variations executed up to the end of the month in question, less the amount certified in the previous Interim Payment Certificate, pursuant to Clause 52;

　　(e) amounts approved in respect of Daywork executed up to the end of the month in question, less the amount for Daywork certified in the previous Interim Payment Certificate, as determined from the Daywork Schedule of the Bill of Quantities;

　　(f) amounts reflecting changes in cost and legislation, pursuant to Clause 70;

　　(g) any credit or debit for the month in question in respect of materials and Plant for the Permanent Works, in the relevant amounts, and under the conditions set forth in Sub-Clause 60.3;

　　(h) any amount to be withheld under the retention provisions of Sub-Clause 60.5, determined by applying the percentage set forth in Sub-Clause 60.5 to the amounts due under Paragraphs 60.1 (c), (d), (e), and (f);

　　(i) any amounts to be deducted as repayment of the Advance under the provisions of Sub-Clause 60.7; and

　　(j) any other sum to which the Contractor may be entitled under the Contract or otherwise.

　　Sub-Clause 60.2 Monthly Payments

　　The said statement shall be approved or amended by the Engineer in such a way that, in his opinion, it reflects the amounts due to the Contractor in accordance with the Contract, after deduction, other than pursuant to Clause 47, of any sums that may have become due and payable by the Contractor to the Employer. In cases where there is a difference of opinion as to the value of any item, the Engineer’s view shall prevail. Within 14 days of receipt of the monthly statement referred to in Sub-Clause 60.1, the Engineer shall determine the amounts due to the Contractor and shall deliver to the Employer and the Contractor an Interim Payment Certificate, certifying the amounts due to the Contractor.

　　The Engineer shall not be bound to certify any payment under this sub-clause if the net amount thereof, after all retentions and deductions, would be less than the Minimum Amount of Interim Payment Certificates stated in the Appendix to Tender. However, in such case, the unpaid certified amount will be added to the next interim payment, and the cumulative unpaid certified amount will be compared to the minimum amount of interim payment.

　　Notwithstanding the terms of this clause or any other clause of the Contract, no amount will be certified by the Engineer for payment until the performance security has been provided by the Contractor and approved by the Employer.

　　Sub-Clause 60.3 Materials and Plant for the Permanent Works

　　With respect to materials and Plant brought by the Contractor to the Site for incorporation in the Permanent Works, the Contractor shall (a) receive a credit in the month in which these materials and Plant are brought to the Site and (b) be charged a debit in the month in which they are incorporated in the Permanent Works, both such credit and debit to be determined by the Engineer in accordance with the following provisions:

　　(a) no credit shall be given unless the following conditions shall have been met to the Engineer’s satisfaction:

　　(i) the materials and Plant are in accordance with the specifications for the Works;

　　(ii) the materials and Plant have been delivered to the Site and are properly stored and protected against loss, damage, or deterioration;

　　(iii) the Contractor’s records of the requirements, orders, receipts, and use of materials and Plant are kept in a form approved by the Engineer, and such records are available for inspection by the Engineer;

　　(iv) the Contractor has submitted a statement of his cost of acquiring and delivering the materials and Plant to the Site, together with such documents as may be required for the purpose of evidencing such cost;

　　(v) the Contractor has submitted evidence confirming the origin of the materials and Plant and their conformity in all respects to the specified requirements; and

　　(vi) the materials are to be used within a reasonable time.

　　(b) the amount to be credited to the Contractor shall be the equivalent of 75 percent of the Contractor’s reasonable cost of the materials and Plant delivered to the Site, as determined by the Engineer after review of the documents listed in subpara. (a) (iv) above;

　　(c) the amount to be debited to the Contractor for any materials and Plant incorporated into the Permanent Works shall be equivalent to the credit previously granted to the Contractor for such materials and Plant pursuant to subpara (b) above, as determined by the Engineer; and

　　(d) the currencies in which the respective amounts shall be credited or debited as set forth above shall be determined by the Engineer.

　　Sub-Clause 60.4

　　Place of Payment Payments to the Contractor by the Employer shall be made in the currencies in which the Contract Price is payable into a bank account or accounts nominated by the Contractor.

　　Sub-Clause 60.5 Retention Money

　　A retention amounting to the percentage stipulated in the Appendix to Bid of the amounts due, determined in accordance with the procedure set out in Sub-Clause 60.1 (h) shall be made by the Engineer in the first and following Interim Payment Certificates.

　　Sub-Clause 60.7 Advance Payment

　　The Employer will make an interest-free advance payment to the Contractor exclusively for the costs of mobilization in respect of the Works in an amount named in the Letter of Acceptance, but in no event exceeding the amount stated in the Appendix to Bid. Payment of such advance amount will be due under separate certification by the Engineer after (a) execution of the Form of Agreement by the parties hereto; (b) provision by the Contractor of the performance security in accordance with Sub-Clause 10.1; and (c) provision by the Contractor of an unconditional bank guarantee in a form and by a bank acceptable to the Employer in amounts and currencies equal to the advance payment. Such bank guarantee shall remain effective until the advance payment has been repaid pursuant to the paragraph below, but the amount thereof shall be progressively reduced by the amount repaid by the Contractor as indicated in Interim Payment Certificates issued in accordance with this clause.

　　The advance payment shall be repaid through percentage deductions from the interim payments certified by the Engineer in accordance with this clause. Deductions shall commence in the next Interim Payment Certificate following that in which the total of all interim payments certified to the Contractor has reached the percentage of the Contract Price stipulated in the Appendix to Bid less Provisional Sums, and shall be made at the rate stated in the Appendix to Bid of the amount of all Interim Payment Certificates until such time as the advance payment has been repaid; always provided that the advance payment shall be completely repaid prior to the time when 80 percent of the Contract Price has been certified for payment.

　　Sub-Clause 60.8 Time of Payment and Interest

　　(a) The amount due to the Contractor under any Interim or Final Payment Certificate issued by the Engineer pursuant to this clause, or to any other term of the Contract, shall, subject to Clause 47, be paid by the Employer to the Contractor as follows:

　　(i) in the case of Interim Payment Certificates, within 42 days after such Interim Payment Certificate has been delivered to the Employer;

　　(ii) in the case of the Final Payment Certificate pursuant to Sub-Clause 60.13, within 84 days after the Final Payment Certificate and the Contractor’s written discharge have been delivered to the Employer.

　　(b) In the event of the failure of the Employer to make payment within the times stated, the Employer shall pay to the Contractor interest compounded monthly at the rate(s) stated in the Appendix to Bid upon all sums unpaid from the date upon which the same should have been paid, in the currencies in which the payments are due. The provisions of this sub-clause are without prejudice to the Contractor’s entitlement under Clause 69 or otherwise.

　　Sub-Clause 60.9 Correction of Certificates

　　The Engineer may by any Interim Payment Certificate make any correction or modification in any previous Interim Payment Certificate that has been issued by him, and shall have authority, if any work is not being carried out to his satisfaction, to omit or reduce the value of such work in any Interim Payment Certificate.

　　Sub-Clause 60.10 Statement at Completion

　　Not later than 84 days after the issue of the Taking-Over Certificate in respect of the whole of the Works, the Contractor shall submit to the Engineer a Statement at Completion in the number of copies specified in the Appendix to Bid with supporting documents showing in detail, in the form approved by the Engineer,

　　(a) the final value of all work done in accordance with the Contract up to the date stated in such Taking-Over Certificate;

　　(b) any further sums which the Contractor considers to be due; and

　　(c) an estimate of amounts that the Contractor considers will become due to him under the Contract. Estimated amounts shall be shown separately in such Statement at Completion. The Engineer shall certify payment in accordance with Sub-Clause 60.2.

　　Sub-Clause 60.11 Final Statement

　　Not later than 56 days after the issue of the Defects Liability Certificate pursuant to Sub-Clause 62.1, the Contractor shall submit to the Engineer for consideration a draft final statement in the number of copies stipulated in the Appendix to Bid with supporting documents showing in detail, in the form approved by the Engineer,

　　(a) the value of all work done in accordance with the Contract; and

　　(b) any further sums that the Contractor considers to be due to him under the Contract or otherwise.

　　If the Engineer disagrees with or cannot verify any part of the draft final statement, the Contractor shall submit such further information as the Engineer may reasonably require and shall make such changes in the draft as may be agreed between them. The Contractor shall then prepare and submit to the Engineer the final statement as agreed (for the purposes of these Conditions referred to as the Final Statement).

　　If, following discussions between the Engineer and the Contractor and any changes to the draft final statement that may be agreed between them, it becomes evident that a dispute exists, the Engineer shall deliver to the Employer an Interim Payment Certificate for those parts of the draft final statement, if any, that are not in dispute. The dispute shall then be settled in accordance with Clause 67. The Final Statement shall be the agreed upon settlement of the dispute.

　　Sub-Clause 60.12 Discharge

　　Upon submission of the Final Statement, the Contractor shall give to the Employer, with a copy to the Engineer, a written discharge confirming that the total of the Final Statement represents full and final settlement of all monies due to the Contractor arising out of or in respect of the Contract. Provided that such discharge shall become effective only after payment due under the Final Payment Certificate issued pursuant to Sub-Clause 60.13 has been made and the performance security referred to in Sub-Clause 10.1 has been returned to the Contractor.

　　Sub-Clause 60.13 Final Payment Certificate

　　Within 28 days after receipt of the Final Statement, and the written discharge, the Engineer shall deliver to the Employer (with a copy to the Contractor) a Final Payment Certificate stating

　　(a) the amount that, in the opinion of the Engineer, is finally due under the Contract or otherwise, and

　　(b) after giving credit to the Employer for all amounts previously paid by the Employer and for all sums to which the Employer is entitled, other than under Clause 47, the balance, if any, due from the Employer to the Contractor or from the Contractor to the Employer as the case may be.

　　Sub-Clause 60.14 Cessation of Employer’s Liability

　　The Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works, unless the Contractor shall have included a claim in respect thereof in his Final Statement and (except in respect of matters or things arising after the issue of the Taking-Over Certificate in respect of the whole of the Works) in the Statement at Completion referred to in Sub-Clause 60.10.

　　Remedies

　　Sub-Clause 63.1 Default of Contractor

　　Delete the last paragraph of this Sub-Clause and substitute:

　　then the Employer may, after giving 14 days’ notice to the Contractor, enter upon the Site and expel the Contractor therefrom without thereby voiding the Contract, or releasing the Contractor from any of his obligations or liabilities under the Contract, or affecting the rights and powers conferred on the Employer or the Engineer by the Contract, and may himself complete the Works or may employ any other contractor to complete the Works. The Employer or such other contractor may use for such completion so much of the Contractor’s Equipment, Plant, Temporary Works, and materials, which have been deemed to be reserved exclusively for the execution of the Works, under the provisions of the Contract, as he or they may think proper, and the Employer may, at any time, sell any of the said Contractor’s Equipment, Temporary Works, and unused Plant and materials, and apply the proceeds of sale in or toward the satisfaction of any sums due or that may become due to him from the Contractor under the Contract.

　　Sub-Clause 63.5 Corrupt or Fraudulent Practices

　　Add the following Sub-Clause 63.5:

　　If in the judgment of the Employer the Contractor has engaged in corrupt or fraudulent practices, in competing for or in executing the Contract, then the Employer may, after having given 14 days’ notice to the Contractor, terminate the Contractor’s employment under the Contract and expel him from the Site, and the provisions of Clause 63 shall apply as if such expulsion had been made under Sub-Clause 63.1.

　　For the purpose of this sub-clause:

　　corrupt practice means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in Contract execution.

　　fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a Contract to the detriment of the Employer, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial noncompetitive levels and to deprive the Employer of the benefits of free and open competition.

　　Special Risks

　　Sub-Clause 65.2 Special Risks

　　Amend Sub-Clause 65.2 to read as follows: The Special Risks are the risks defined under para. (a), subparas. (i) to (v) of Sub-Clause 20.4.

　　Settlement of Disputes

　　Sub-Clause 67.3 Arbitration

　　The applicable arbitration rules, appointing authority, number of arbitrators, place of arbitration and the language to be used in the arbitral proceedings, shall be as stated in the Appendix to Bid.

　　Notices

　　Sub-Clause 68.2 Notice to Employer and Engineer

　　For the purposes of this sub-clause, the addresses are those specified in the Appendix to Bid.

　　Default of Employer

　　Clause 69 Default of Employer

　　In Sub-Clauses 69.1, 69.4, and 69.5, substitute Sub-Clause 60.8 for Sub-Clause 60.10.

　　Sub-Clause 70.1 Increase or Decrease Cost

　　Delete Clause 70 in its entirety, and substitute:

　　No adjustment shall be made to the Contract Price or to the unit rates and prices included in the Contract, in respect of rise or fall in the cost of labor, Contractor’s Equipment, Plant, materials, or any other matters affecting the cost of the execution of the works.

　　Sub-Clause 70.2 Other Changes in Cost

　　To the extent that full compensation for any rise or fall in costs to the Contractor is not covered by the provisions of this or other clauses in the Contract, the unit rates and prices included in the Contract shall be deemed to include amounts to cover the contingency of such other rise or fall of costs.

　　Currency and Rates of Exchange

　　Sub-Clause 72.1 Contract Currency

　　Delete Sub-Clause 72.1, 72.2 and 72.3 and substitute:

　　The currency of the Contract, the Contract Price and all payments under the Contract shall be the currency stated in the Appendix to Bid. No adjustment shall be made to the Contract Price or to the unit rates and prices included in the Contract in respect of any variations in the rate of exchange between the Contract Currency and any other currency.

　　Sub-Clause 73.1 Foreign Taxation

　　The prices bid by the Contractor shall include all taxes, duties, and other charges imposed outside the country in which the Permanent Works are to be executed, on the production, manufacture, sale, and transport of the Contractor’s Equipment, Plant, materials, and supplies to be used on or furnished under the Contract, and on the services performed under the Contract.

　　Sub-Clause 73.2 Local Taxation

　　The prices bid by the Contractor shall include all customs duties, import duties, business taxes, and income and other taxes that may be levied in accordance with the laws and regulations in being on the date 28 days prior to the latest date for submission of bids in the country in which the Permanent Works are to be executed, on the Contractor’s Equipment, Plant, materials, and supplies (permanent, temporary, and consumable) acquired for the purpose of the Contract and on the services performed under the Contract. Nothing in the Contract shall relieve the Contractor from his responsibility to pay any tax that may be levied on profits made by him in respect of the Contract.

　　Sub-Clause 73.3 Income Taxes on Staff

　　The Contractor’s staff and labor will be liable to pay personal income taxes in the country in which the Permanent Works are to be executed, in respect of such of their salaries and wages as are chargeable under the laws and regulations for the time being in force, and the Contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws and regulations.

　　Sub-Clause 73.4 Duties on Contractor’s Equipment

　　Notwithstanding the provisions of Sub-Clause 73.2, Contractor’s Equipment, including essential spare parts therefor, imported by the Contractor for the sole purpose of executing the Contract shall be temporarily exempt from the payment of import duties and taxes upon initial importation, provided the Contractor shall post with the customs authorities at the port of entry an approved export bond or bank guarantee, valid until the time of completion of the Contract plus six months, in an amount equal to the full import duties and taxes that would be payable on the assessed imported value of such Contractor’s Equipment and spare parts, and callable in the event that the Contractor’s Equipment is not exported from country on completion of the Contract. A copy of the bond or bank guarantee endorsed by the customs authorities shall be provided by the Contractor to the Employer upon the importation of individual items of Contractor’s Equipment and spare parts. Upon export of individual items of Contractor’s Equipment or spare parts, or upon completion of the Contract, the Contractor shall prepare, for approval by the customs authorities, an assessment of the residual value of the Contractor’s Equipment and spare parts to be exported, based on the depreciation scale(s) and other criteria used by the customs authorities for such purposes under the provisions of the applicable law. Import duties and taxes shall be due and payable to the customs authorities by the Contractor on (a) the difference between the initial imported value and the residual value of the Contractor’s Equipment and spare parts to be exported; and (b) on the initial imported value of that Contractor’s Equipment and spare parts remaining in the country after completion of the Contract. Upon payment of such dues within 28 days of being invoiced, the bond or bank guarantee shall be reduced or released accordingly; otherwise the security shall be called in the full amount remaining.

　　Sub-Clause 75.1 Termination of Contract for Employer’s Convenience

　　The Employer shall be entitled to terminate this Contract at any time for the Employer’s convenience after giving 56 days’ prior notice to the Contractor, with a copy to the Engineer. In the event of such termination, the Contractor

　　(a) shall proceed as provided in Sub-Clause 65.7; and

　　(b) shall be paid by the Employer as provided in Sub-Clause 65.8.

　　Sub-Clause 77.1 Joint and Several Liability

　　If the Contractor is a joint venture of two or more persons, all such persons shall be jointly and severally bound to the Employer for the fulfillment of the terms of the Contract and shall designate one of such persons to act as a partner in charge with authority to bind the joint venture. The composition or the constitution of the joint venture shall not be altered without the prior consent of the Employer.

　　Sub-Clause 78.1 Details to Be Confidential

　　The Contractor shall treat the details of the Contract as private and confidential, save insofar as may be necessary for the purposes thereof, and shall not publish or disclose the same or any particulars thereof in any trade or technical paper or elsewhere without the previous consent in writing of the Employer or the Engineer. If any dispute arises as to the necessity of any publication or disclosure for the purpose of the contract, the same shall be referred to the Employer whose determination shall be final.