ICB-001.16 Bid Docment

THE ETHIOPIAN CIVIL AVIATION AUTHORITY
For Procurement of COMMUNICATION, NAVIGATION &

SURVEILLANCE EQUIPMENTS and SPARE PARTS
For International Competitive Bidding (ICB)
ICB-001/16
Bid opening Date: February 08, 2024
Addis Ababa
SBD-Goods and Related Services (ICB) - Prepared by the FPPA (Version 1, April 2011)
Document: Bidding Document Page i
Bidding Document
Table of Contents
Part 1 Bidding Procedures I

Section 1. Instructions to Bidders I
Section 2. Bid Data Sheet II
Section 3. Evaluation Methodology and Criteria III
Section 4. Bidding Forms IV
Section 5. Eligible Countries V
Part 2 Statement of Requirement VI
Section 6. Statement of Requirements VI
Part 3 Contract VII
Section 7. General Conditions of Contract VII
Section 8. Special Conditions of Contract VIII
Section 9. Contract Forms IX
Document: Bidding Document Page ii
Part 1: Bidding Procedures Section 1: Instructions to Bidders
Part 1 Bidding Procedures

Section 1. Instructions to Bidders
Table of Clauses
A. General 1
1. Introduction 1
2. Source of Funds 1
3. Fraud, Corruption and Complaints Provisions 2
4. Eligible Bidders 3
5. Eligible Goods and Related Services 4
B. Contents of Bidding Document 5
6. Bidding Document 5
7. Written Questions / Clarification of Bidding Documents 6
8. Modification to Bidding Documents 6
9. Pre-Bid Conference 6
C. Preparation of Bids 7
10. Cost of Bidding 7
11. Language of Bid 7
12. Bid Prices and Discounts 7
13. Currencies of Bid and Payment 8
14. Professional Qualifications and Capability of the Bidder 8
15. Financial Standing of the Bidder 8
16. Technical Qualifications, Competence, and Experience of the Bidder 9
17. Documentary Technical Evidence 9
18. Presentation of Samples 10
19. Joint Venture or Consortium 10
20. Alternative Bids 10
21. Period of Validity of Bids 11
22. Bid Security 11
23. Documents Comprising the Bid 12
24. Format and Signing of Bid 13
D. Submission and Opening of Bids 14
25. Sealing and Marking of Bids 14
26. Deadline for Submission of Bids 14
27. Late Bids 14
28. Withdrawal, Substitution, and Modification of Bids 14
Document: Instructions to Bidders Section I of IX Issued by:
29. Bid Opening 15

E. Evaluation and Comparison of Bids 15
30. Confidentiality 15
31. Clarification of Bids 16
32. Responsiveness of Bids 16
33. Nonconformities and Omissions 16
34. Dubious price quotations and errors in calculation 17
35. Margin of Preference 17
36. Preliminary Examination of Bids 18
37. Legal, Professional, Technical, and Financial Admissibility of Bids 18
38. Evaluation of Bids 20
39. Comparison of Bids 20
40. Post-qualification Evaluation 21
41. Acceptance or Rejection of Bids 21
42. Re-advertising bids 21
F. Award of Contract 21
43. Award Criteria 21
44. Right to Vary Quantities at Time of Award 22
45. Announcing and Awarding of the Successful Bidder 22
46. Signing of Contract 22
47. Performance Security 22
Document: Instructions to Bidders Section I of IX Issued by:
Section I. Instructions to Bidders

A. General
1. Introduction
1.1 The Public Body indicated in the Bid Data Sheet (BDS) is the Contracting Authority for this
procurement process and it is bound by the rules governing public procurement in the Federal
Democratic Republic of Ethiopia. It has the powers and duties to conclude a Contract for the
supply of Goods and Related services. Accordingly, this procurement process is being
conducted in accordance with the recent editions of the Ethiopian Federal Government
Procurement and Property Administration Proclamation and Public Procurement Directive
under the procurement method indicated in the BDS.
1.2 By the issue of this Bidding Document the Public Body invites interested Candidates to submit
their bids with a view to entering into Contract with the Public Body for the provision of Goods
and Related Services which general description is provided in the BDS. The Goods and Related
Services that are subject of this procurement process are more particularly specified in Section
6, Statement of Requirement upon the basis of the information supplied in and in accordance
with this Bidding Document.
1.3 The procurement reference number and number of lots of this Bidding Document are provided
in the BDS. If Bids are being invited for individual contracts (lots) the Bidder may submit a Bid
for one lot only, several or all of the lots. Each lot will form a separate contract and the
quantities indicated for different lots will be indivisible. The Bidder must offer the whole of the
quantity or quantities indicated for each lot.
1.4 Each Bidder may only submit one Bid, either individually or as a partner in joint venture. A
Bidder who submits or participates in more than one Bid (other than as a subcontractor or in
cases of alternatives that have been permitted or requested) will cause all the Bids with the
Bidder’s participation to be disqualified.
1.5 This Section 1, Instructions to Bidders shall not form a part of the Contract. These instructions
are intended to assist prospective Bidders in the preparation of their Bids.
1.6 Issuance of this Bidding Document does not in any way obligate the Public Body to award a
Contract.
1.7 The Public Body retains ownership of all bids submitted in response to this Bidding Document.
Consequently, Bidders have no right to have their bids returned to them except late bids.
1.8 In submitting a bid, the Bidder accepts in full and without restriction this Bidding Document as
the sole basis of this procurement procedure, whatever his own conditions of sale may be,
which he hereby waives. Bidders are expected to examine carefully and comply with all
instructions, forms, contract provisions and specifications contained in this Bidding Document.
Failure to submit a bid containing all the required information and documentation within the
deadline specified may lead to the rejection of the bid. No account can be taken of any
reservation in the bid as regards the Bidding Document; any reservation will result in the
immediate rejection of the bid without further evaluation.
1.9 The permitted method of communication shall be in writing. Throughout these Bidding
Documents the term "in writing" means communicated in written form and delivered against
receipt.
2. Source of Funds
2.1 The Public Body has an approved budget toward the cost of the procurement described in the
Document: Instructions to Bidders Page 1 of 23 Issued by:
Section 6, Statement of Requirement. The Public Body intends to use these funds to place a
Contract for which these Bidding Documents are issued.
2.2 Payments will be made directly by the Public Body and will be subject in all respects to the
terms and conditions of the resulting Contract placed by the Public Body.
3. Fraud, Corruption and Complaints Provisions
3.1 The Government of the Federal Democratic Republic of Ethiopia (herein after called the
Government) represented by the Public Procurement and Property Administration Agency
(herein after called the Agency) requires Contracting Authorities, as well as bidders to observe
the highest standards of ethics during the procurement and the execution of contracts. In
pursuance of this policy, the Government:
(a). Defines, for the purposes of this provision, the terms set forth below as follows:
(i) “Corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly,
of any thing of value to influence improperly the action of a public official in the
procurement process or in contract execution;
(ii) “Fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or
other benefit or to avoid an obligation;
(iii) “Collusive practices” is a scheme or arrangement between two or more Bidders, with
or without the knowledge of the Public Body, designed to establish prices at artificial,
non-competitive levels; and
(iv) “Coercive practices” is harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in a procurement process, or affect the
execution of a contract.
(v) Obstructive practice is
 deliberately destroying, falsifying, altering or concealing of evidence material to
the investigation or making false statements to investigators in order to materially
impede the Federal Ethics and Anticorruption Commission, the Federal Auditor
General and the Public Body or their auditors investigation into allegations of a
corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or
intimidating any party to prevent their from disclosing their knowledge of matters
relevant to the investigation or from pursuing the investigation, or
 acts intended to materially impede the exercise of inspection and audit rights
provided for under ITB Clause 3.5 below.
(b). Will reject a recommendation for award if it determines that the Bidder recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive
or obstructive practices in competing for the contract in question;
(c). Will debar a Bidder from participation in public procurement for a specified period of time
if it at any time determines the Bidder has engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices in competing for, or in executing, a contract. The List of
Debarred Bidders is available on the Agency's Website http//www.ppa.gov.et.
3.2 In pursuit of the policy defined in Sub-Clause 3.1, the Public Body may terminate a contract for
Goods if it at any time determines that corrupt or fraudulent practices were engaged in by
representatives of the Public Body or of a Bidder during the procurement or the execution of
that contract.
3.3 Where it is proved that the bidder has given or has offered to give inducement or bribe to an
official or procurement staff of the Public Body to influence the result of the bid in his favor
shall be disqualified from the bid, prohibited from participating in any future public
procurement and the bid security deposited by them shall be forfeited.
3.4 Bidders are required to indicate their acceptance of the provisions on fraud and corruption, as
defined in this clause through the statement in the Bid Submission Sheet.
3.5 The Agency will have the right to require to inspect the Supplier accounts and records relating
to the performance of the contract and to have them audited by auditors appointed by the
Agency.
3.6 Subject to the recent editions of the Public Procurement Proclamation and Procurement
Directive, a candidate or a bidder aggrieved or is likely to be aggrieved on account of the Public
Body inviting a bid not complying with the provisions of the Proclamation or Procurement
Directive in conducting a bid proceeding may present complaint to the head of the Public Body
to have the bid proceeding reviewed or investigated. Any complaint must be submitted in
writing to the head of the Public Body, within five working days from the date the Bidder knew,
or should have known, of the circumstances giving rise to the complaint. If the head of the
Public Body does not issue a decision within ten working days after submission of complaint, or
the candidate or the Bidder is not satisfied with the decision, it may submit a complaint to the
Board within five working days from the date on which the decision has been or should have
been communicated to the candidate or the Bidder by the Public Body. The Board's decision is
binding for both parties.
4. Eligible Bidders
4.1 A Bidder may be a natural person, private, public or government-owned legal entity, subject to
ITB Sub-Clause 4.5, or any combination of them with a formal intent to enter into an agreement
or under an existing agreement in the form of a Joint Venture (JV), consortium, or association.
In the case of a Joint Venture, consortium, or association:
(a). All parties to the Joint Venture, consortium or association shall be jointly and severally
liable, unless otherwise specified in the BDS; and
(b). A Joint Venture, consortium or association shall nominate a Representative who shall have
the authority to conduct all businesses for and on behalf of any and all the parties of the
Joint Venture, consortium or association during the bidding process and, in the event the
Joint Venture, consortium or association is awarded the Contract, during contract
execution.
4.2 This Invitation for Bids is open to all Bidders (including all members of a joint venture, sub-
contractors and personnel) from eligible source countries as defined in Section 5, Eligible
Countries. A Bidder shall be deemed to have the nationality of a country if the Bidder is a
citizen or is constituted, incorporated, or registered and operates in conformity with the
provisions of the laws of that country. This criterion shall also apply to the determination of the
nationality of proposed subcontractors for any part of the Contract including related services.
4.3 A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of interest
shall be disqualified. A Bidder may be considered to have a conflict of interest with one or more
parties in this bidding process, if they:
(a). Are or have been associated in the past, directly or indirectly, with a firm or any of its
affiliates which have been engaged by the Public Body to provide consulting services for
the preparation of the Specification, and any other documents to be used for the
procurement of the Goods and Related Services to be purchased under this Bidding
Document;
(b). Have a relationship with each other, directly or through common third parties, that puts
them in a position to have access to information about or influence on the bid of another
Bidder, or influence the decisions of the Public Body regarding this bidding process; or
(c). Submit more than one bid in this bidding process.
4.4 A Bidder that has been debarred from participating in public procurement in accordance with
ITB Clause 3.1 (c), at the date of the deadline for bid submission or thereafter, shall be
disqualified.
4.5 Government-owned enterprises shall be eligible if they can establish that they are legally and
financially autonomous and operate under commercial law and that they are not a dependent
agency of the Public Body.
4.6 Unless otherwise specified in the BDS, Bidders shall provide such evidence of their eligibility
satisfactory to the Public Body, to verify that the Bidder:
(a). Is not insolvent, in receivership, bankrupt or being wound up, not have had their business
activities suspended and not be the subject of legal proceedings for any of the foregoing.
(b). Appropriate documentary evidence demonstrating its compliance, which shall include:
(i) Valid business license indicating the stream of business in which the Bidder is
engaged,
(ii) VAT registration certificate issued by the tax authority (only domestic Bidders in case
of contract value as specified in BDS),
(iii) Valid Tax clearance certificate issued by the tax authority (domestic Bidders only);
(iv) Relevant professional practice certificates if required in BDS.
(c). Foreign bidders must as appropriate submit business organization registration certificate or
trade license issued by the country of establishment.
4.7 To participate in this public procurement process, being registered in the suppliers list is a
prerequisite (mandatory for domestic Bidders only).
(a). Candidates desiring to participate in public procurement shall have to register themselves
using the form made available for this purpose in the website of the Public Procurement
and Property Administration Agency.
4.8 Bidders shall provide such evidence of their continued eligibility satisfactory to the Public
Body, as the Public Body shall reasonably request in BDS.
5. Eligible Goods and Related Services
5.1 All goods and related services to be supplied under the Contract shall have as their country of
origin an eligible country in accordance with Section 5, Eligible Countries.
5.2 For purposes of this Clause, the term “goods” means raw material, products and equipment and
commodities in solid, liquid or gaseous form, marketable software and live animals as well as
installation, transport, maintenance or similar obligations related to supply of the goods if their
value does not exceed that of the goods themselves; and “related services” includes services
such as transportation, commissioning, insurance, installation, training, and initial maintenance.
5.3 The term “country of origin” means the country where the goods have been mined, grown,
cultivated, produced, manufactured, or processed; or through manufacture, processing, or
assembly, another commercially recognized article results that differs substantially in its basic
characteristics from its imported components.
5.4 The nationality of the Bidder that produces, assembles, distributes, or sells the goods shall not
determine their origin.
5.5 To establish the eligibility of the Goods and Related Services, in accordance with this ITB
Clause, Bidders shall complete the country of origin declarations in the Price Schedule Form,
included in Section 4, Bidding Forms
5.6 If so required in the BDS, the Bidder shall demonstrate that it has been duly authorized by the
Manufacturer of the Goods to supply the Goods indicated in its bid in the Federal Democratic
Republic of Ethiopia by obtaining Manufacturer Authorization Letter using the form furnished
in Section 4, Bidding Forms.
B. Contents of Bidding Document

6. Bidding Document
6.1 The Bidding Document consist of Parts 1, 2, and 3, which include all the Sections indicated
below, and should be read in conjunction with any Addenda issued in accordance with ITB
Clause 8.
Part 1 Bidding Procedures
Section 1 Instructions to Bidders (ITB)
Section 2 Bid Data Sheet (BDS)
Section 3 Evaluation Methodology and Criteria
Section 4 Bidding Forms
Section 5 Eligible Countries
Part 2 Statement of Requirements
Section 6 Statement of Requirements
Part 3 Contract
Section 7 General Conditions of Contract (GCC)
Section 8 Special Conditions of Contract (SCC)
Section 9 Contract Forms
6.2 The Invitation to Bid is not part of the Bidding Document. In case of discrepancies between the
Invitation to Bid and the Bidding Documents listed in ITB Clause 6.1 above, said Bidding
Documents will take precedence.
6.3 The Public Body is not responsible for the incompleteness of the Bidding Documents and their
addenda, if they were not obtained directly from the Public Body. Bidders who did not obtain
the Bidding Document directly from the Public Body will be rejected during evaluation. Where
a Bidding Document is obtained from the Public Body on a Bidder’s behalf, the Bidder’s name
must be registered with the Public Body at the time of sale and issue.
6.4 The Bidder is expected to examine all instructions, forms, terms, and specifications in the
Bidding Documents. Failure to furnish all information or documentation required by the
Bidding Documents may result in the rejection of the bid.

7. Written Questions / Clarification of Bidding Documents
7.1 A prospective Bidder requiring any clarification of the Bidding Documents shall contact the
Public Body in writing at the Public Body’s address indicated in the BDS. The Public Body will
respond in writing to any request for clarification, provided that such request is received no later
than twenty one (21) days prior to the deadline for submission of bids. The Public Body shall
forward copies of its response to all Bidders who have acquired the Bidding Documents directly
from it, including a description of the inquiry but without reference to the identity of the
prospective Bidder initiating the request. Should the Public Body deem it necessary to amend
the Bidding Documents as a result of a clarification, it shall do so following the procedure
under ITB Clause 8 and Sub-Clause 26.2.
7.2 Only the written responses will be considered official and carry weight in this procurement
process and subsequent evaluation. Any answers received outside the official channels, whether
received verbally or in writing, from employees or representatives of the Public Body, or any
other party, shall not be considered official responses to questions regarding this Bidding
Document.
8. Modification to Bidding Documents
8.1 Where Public Body finds it necessary to introduce modification to the Bidding Document on its
initiative or on the basis of request for clarification by prospective Bidder, the Public Body may
modify the Bidding Document at any time prior to the deadline for submission of bids.
8.2 Any alteration to the content of the Bidding Document shall at the same time be communicated
in the form of an amendment to all prospective Bidders who purchased the bidding document
and will be binding on them. Bidders are required to immediately acknowledge receipt of any such
amendment, and it will be assumed that the information contained in the amendment will have
been taken into account by the Bidder in its Bid.
8.3 The Public Body may, at its discretion, extend the closing date for submission of bids where it
modifies a bidding document as per Clause 8.1 above, if it is assumed that the time remaining
before the closing date is not sufficient for bidders to prepare adjusted Bid Documents on the
basis of such modification.
9. Pre-Bid Conference
9.1 If the Public Body deems it to be appropriate, it may hold a Pre-Bid Conference for prospective
bidders who purchased a Bidding Document for clarification and discussion on the Bidding
Document or modification thereto.
9.2 The Public Body shall give written notice to all bidders who purchased a bidding document to
attend the Pre-Bid Conference, Notice will include time, date, and address where Pre-Bid
Conference will be held.
9.3 The Public Body shall welcome all prospective bidders to attend this Pre-Bid Conference. To
give all prospective bidders the opportunity to participate in the pre-bid conference, prospective
bidders are limited to sending two representatives to this conference. All the costs of attending
this conference will be borne by the prospective bidders.
9.4 The Public Body invites all prospective bidders to submit their questions / request for
clarification by time and date and to the address indicated in BDS.
9.5 The Pre-Bid Conference shall be minuted. Copies of the minute shall be delivered to all
prospective bidders who purchased the Bidding Document to enable them prepare their bid
documents by incorporating the content of clarification or modification.
C. Preparation of Bids
10. Cost of Bidding
10.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid, and
the Public Body shall not be responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
11. Language of Bid
11.1 The Bid, as well as all correspondence and documents relating to the bid exchanged by the
Bidder and the Public Body, shall be written in English.
11.2 Bids and supporting documents of Bidders prepared in a language other than language of bid
shall have to be translated by a legally competent interpreter into language of bid and a copy of
the translation has to be submitted together with the original documents, especially where such
documents pertain to the fundamental elements of the bid.
11.3 If the Public Body detects discrepancy between language of the original document and the
translated version, it shall reject the documents unless such discrepancy constitutes minor
deviation from the requirement stated in the Bidding Document.
12. Bid Prices and Discounts
12.1 The prices and discounts quoted by the Bidder in the Bid Submission Sheet and in the Price
Schedule (forms furnished in Section 4, Bidding Forms) shall conform to the requirements
specified below.
12.2 All items in the Section 6, Statement of Requirements must be listed and priced separately in
the Price Schedule. If a Price Schedule shows items listed but not priced, their prices shall be
assumed to be included in the prices of other items. Items not listed in the Price Schedule shall
be assumed to be not included in the Bid, and provided that the Bid is substantially responsive,
the corresponding adjustment shall be applied in accordance with ITB Sub-Clause 33.2.
12.3 The price to be quoted in the Bid Submission Sheet shall be the total price of the Bid including
taxes, excluding any conditional discounts offered.
12.4 The Bidder offering conditional discounts shall indicate the methodology for their application in
the Bid Submission Sheet.
12.5 The terms DDP, EXW, CIF, CIP, and other similar terms shall be governed by the rules
prescribed in the current edition of Incoterms, published by The International Chamber of
Commerce, at the date of the Invitation for Bids or as specified in the BDS.
12.6 Prices proposed on the Price Schedule Forms for Goods and Related Services, shall be
disaggregated, when appropriate as indicated in this sub-clause. This disaggregating shall be
solely for the purpose of facilitating the comparison of bids by the Public Body. This shall not
in any way limit the Public Body’s right to contract on any of the terms offered:
(a). For goods:
(i) The price of the goods quoted EXW, FOB, excluding any customs duties and sales
and other taxes already paid or payable;
(ii) The price for carriage and insurance of goods supplied from outside the Federal
Democratic Republic of Ethiopia, in accordance with the Incoterms specified in the
Special Conditions of Contract;
(iii) The price for inland transportation, insurance, and other local services required to
convey the goods to their final destination if specified in the BDS, and
(iv) All Ethiopian customs duties, VAT, and other taxes already paid or payable on the
goods or on the components and raw material used in the manufacture or assembly if
the contract is awarded to the Bidder.
(b). For related services:
(i) The price of the related services; and
(ii) All Ethiopian customs duties and sales and other taxes already paid or payable on the
related services if the contract is awarded to the Bidder.
12.7 Prices quoted by the Bidder shall be fixed during the validity period of the Bid and throughout
the Bidder's performance of the Contract and not subject to variation on any account. Bids
submitted that are subject to price adjustment will be rejected.
12.8 If so indicated in BDS Sub-Clause 1.3, bids are being invited for individual contracts (lots) or
for any combination of contracts (packages). Unless otherwise indicated in the BDS, prices
quoted shall correspond to 100 % of the items specified for each lot and to 100% of the
quantities specified for each item of a lot. Bidders wishing to offer any price reduction for the
award of more than one Contract shall specify in their bid the price reductions applicable to
each package or, alternatively, to individual Contracts within the package. Price reductions shall
be submitted in accordance with ITB Sub-Clause 12.4, and clearly indicated for each lot in such
a way that it can be announced during the public Bid opening session.
12.9 Where a foreign Bidder uses local inputs to satisfy the required object of procurement under the
contract, the portion of the total contract price representing such local expenditure shall be
expressed in ETB in the Price Schedule of the Bidder.
13. Currencies of Bid and Payment
13.1 For Goods and Related Services that the Bidder will supply from inside Ethiopia the prices shall
be quoted in the Ethiopian Birr, unless otherwise specified in the BDS.
13.2 For Goods and Related Services that the Bidder will supply from outside Ethiopia prices shall
be expressed in the currency of any eligible country. If the Bidder wishes to be paid in a
combination of amounts in different currencies, it may quote its price accordingly but use no
more than three currencies different from the currency of Ethiopia.
14. Professional Qualifications and Capability of the Bidder
14.1 If required, in order to proof their professional qualifications and capability Bidders must
provide relevant information for the period specified in the BDS by completing relevant tables
in the form entitled Bidders Certification of Compliance furnished in Section 4, Bidding Forms.
15. Financial Standing of the Bidder
15.1 If required in BDS, in order to proof that it has adequate financial resources to manage this
Contract the bidder must present its financial data by completing relevant table in the form
entitled Bidders Certification of Compliance that is furnished in Section 4, Bidding Forms.
15.2 Along with the proof referred to in Clause 15.1 the documents that are required as proof of the
bidder's financial standing are the following:
(a). Financial statements certified by an independent auditor;

(b). Other documents as stated in the BDS.
16. Technical Qualifications, Competence, and Experience of the Bidder
16.1 The Bidder must present a description of its company and organization, with appropriate
reference to any parent company and subsidiaries. The Bidder shall also include details
demonstrating the Bidder’s experience and ability in selling and servicing the Goods and
Related Services listed in Section 6, Statement of Requirements. Also, each Bidder shall include
a description of how it plans to manage the work included in this Bidding Document in addition
to its other ongoing projects.
16.2 This information shall be included in a separate form entitled Bidders Certification of
Compliance that is furnished in Section 4, Bidding Forms.
16.3 As a proof of satisfactory execution of contracts the Bidder must provide Certificates of
satisfactory execution of contracts, provided by the other contracting party to the contracts
concerned in number and within the period specified in the BDS for similar sized/type contracts
with a budget of at least that of this contract, unless otherwise specified in the BDS including
contact information for verification and inspection so as to provide due diligence. Contact
information should include, at a minimum: name, function, address, e-mail, and phone number.
Each reference provided should be the client’s responsible project administrator or a senior
official of the client who is familiar with the Bidder’s performance and with the Bidder’s
system capabilities, and who may be contacted by the Public Body during the evaluation
process.
16.4 The Certificate of satisfactory execution of contracts shall include the following data:
(a). The name and place of establishment of the contracting parties,
(b). The subject-matter of the contract,
(c). The value of the contract
(d). The time and place of performance of the contract,
(e). A statement concerning the satisfactory execution of contracts.
16.5 If, for objective reasons, such a certificate cannot be obtained from a contracting party, a
statement issued by the bidder concerning satisfactory execution of contracts may also be valid,
on presentation of proof that the certificate was requested.
16.6 If the Bidder(s) propose a joint venture all of the information listed above must be provided for
all of the joint venture members. This information shall be in separate sections, one section per
joint venture member. In addition, the Bid shall provide the agreements that support the
relationships between joint venture members.
16.7 Unless otherwise specified in the BDS, the Public Body reserves the right to undertake physical
checking of current Bidder's technical qualifications and competence in order to make sure that
the Bidder has adequate qualifications to manage this Contract.
17. Documentary Technical Evidence
17.1 To establish the conformity of the Goods and Related Services to the Bidding Documents and
to support details provided in the Section 6, Technical Specification and Compliance Sheet the
Bidder shall furnish as part of its bid the documentary technical evidence, unless otherwise
specified in the BDS.
17.2 The documentary evidence may be in the form of literature, illustrations, drawings brochures, or
data, and shall consist of a detailed description of the essential technical and performance
characteristics of the Goods and Related Services, demonstrating substantial responsiveness of

the Goods and Related Services to those requirements, and if applicable, a statement of
deviations and exceptions to the provisions of the Statement of Requirements.
17.3 Standards for workmanship, process, material, and equipment, as well as references to brand
names or catalogue numbers specified by the Public Body in the Statement of Requirements,
are intended to be descriptive only and not restrictive. The Bidder may offer other standards of
quality, brand names, and/or catalogue numbers, provided that it demonstrates, to the Public
Body’s satisfaction, that the substitutions ensure substantial equivalence or are superior to those
specified in the Section 6, Statement of Requirement
18. Presentation of Samples
18.1 The Public Body reserves the right to request production and presentation of samples
representing any or all Goods proposed in response to this Bidding Document. If Bidder fails to
provide such Goods for presentation, the Bidder’s Proposal may be rejected by the Public Body
in its sole discretion. The Bidder warrants that if awarded a Contract the Goods and Related
Services delivered under such Contract shall meet or exceed the quality of the Goods presented.
Samples of the quoted products, when requested in BDS, must be furnished free of charge and
in a timely manner. Bidder should not submit unsolicited samples.
18.2 If the Public Body decide to request production and presentation of samples representing any or
all Goods all Bidders will be informed in writing on the place where the samples are to be
delivered and the time when and the place where the samples will be openly shown.
18.3 The Public Body shall handle and examine carefully, samples supplied by bidders; however
Bidders shall not be paid compensation for samples lost or destroyed in the examination process
because of their nature. Samples that are not lost or destroyed shall be returned to unsuccessful
bidders. If samples are not claimed by unsuccessful bidders within 6 months, they shall be
forfeited to the government.
18.4 Unless the Public Body decides otherwise, a sample supplied by the successful bidder shall stay
with the Public Body until the completion of the procurement process to be used for checking
conformity during delivery.
19. Joint Venture or Consortium
19.1 If bidder is a joint venture or consortium of two or more entities, the bid must be single with the
object of securing a single contract; authorized person must sign the bid and will be jointly and
severally liable for the bid and any contract. Those entities must designate one of their members
to act as leader with authority to bind the joint venture or consortium. The composition of the
joint venture or consortium must not be altered without the prior consent in writing of the
Public Body.
19.2 The bid may be signed by the representative of the joint venture or consortium only if he has
been expressly so authorized in writing by the members of the joint venture or consortium, and
the authorizing contract, notarial act or deed must be submitted to the Public Body. All
signatures to the authorizing instrument must be certified in accordance with the national laws
and regulations of each party comprising the joint venture or consortium together with the
powers of attorney establishing, in writing, that the signatories to the bid are empowered to
enter into commitments on behalf of the members of the joint venture or consortium. Each
member of such joint venture or consortium must prove to the satisfaction of the Public Body
that they comply with the necessary legal, technical and financial requirements and have the
wherewithal to carry out the contract effectively.
20. Alternative Bids

20.1 Unless otherwise indicated in the BDS, alternative Bids shall not be considered.
20.2 If permitted in BDS, the Public Body may consider alternative systems or products prior to the
notification of the successful Bidder provided that the Bidder:
(a). Has submitted Bid in accordance with the Bidding Document as issued; and
(b). Has submitted Bid based on alternative(s) to the Bidding Document as issued;
(c). Has included with the Bid a demonstration of the advantages of the alternative solution
over the initial solution, including a quantifiable justification of any economic and/or
technical advantages; and
(d). Has included with the Bid sufficient descriptive information for a complete evaluation of
the proposed alternative(s) by the Public Body, including calculations, technical
specifications, breakdown of prices, proposed work methods and other relevant details.
20.3 Only the technical alternative(s), if any, of the lowest evaluated Bidder conforming to the basic
technical requirements shall be considered by the Public Body.
20.4 In evaluating a Bid containing an alternative process or product the Public Body may use any
evaluation/award criteria as indicated in the BDS and Section 3, Evaluation Methodology and
Criteria.
20.5 Alternative Bids not requested by the Public Body shall be rejected.
21. Period of Validity of Bids
21.1 Bids shall remain valid for the period specified in the BDS after the bid submission deadline
prescribed by the Public Body. A bid valid for a shorter period may be rejected by the Public
Body as non-responsive.
21.2 In exceptional circumstances, prior to expiry of the bid validity period, the Public Body may
request Bidders to extend the period of validity of their bids. The request and the responses
shall be made in writing.
21.3 Bidders who are not willing to extend their bid validity period for what ever reason shall be
disqualified from the bid without having forfeited their bid security.
21.4 Bidders agreeing to the Public Body’s request for extension of their bid validity period have to
express in writing their agreement to such request and for how long they are willing to extend
the period. Similarly, they have to amend the validity period of their bid security on the basis of
the extension of the bid validity period they have agreed to, or alternatively, furnish new bid
security to cover the extended period.
21.5 A bidder not agreeing to extend the validity period of his/its bid security shall be treated as a
bidder refusing the Public Body’s request for extension of bid validity period, and as such, shall
be disqualified from further bid proceeding.
22. Bid Security
22.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part of its bid, a bid security
in original form and in the amount and currency specified in the BDS. A copy of bid security, if
submitted without original form, shall not be accepted.
22.2 The bid security shall be, at the Bidder’s option, in any of the following forms:
(a). An unconditional Bank Guarantee;
(b). An irrevocable Letter of Credit;

(c). Cash, check certified by a reputable bank or financial institution, or payable order;
all from a reputable source from any eligible country. Securities issued by foreign banks or
financial institutions shall be counter-guaranteed by an Ethiopian bank. The bid security
shall be submitted either using the Bid Security Form included in Section 4, Bidding
Forms, or in another substantially similar format approved by the Public Body. In either
case, the form must include the complete name of the Bidder. The bid security shall be
valid for twenty-eight days (28) beyond the end of the validity period of the bid. This shall
also apply if the period for bid validity is extended.
22.3 The Bid Security of a Joint Venture shall be issued in the name of the Joint Venture submitting
the bid provided the Joint Venture has legally been constituted, or else it shall be issued in the
name of all partners proposed for the Joint Venture in the bid. Sanctions due to a breach of the
terms of a Bid Security pursuant to ITB Clause 22.7 will apply to all partners to the Joint
Venture.
22.4 Any bid not accompanied by a substantially responsive bid security, if one is required in
accordance with ITB Sub-Clause 22.1, shall be rejected by the Public Body as non responsive.
22.5 The bid security of unsuccessful Bidders shall be returned as promptly as possible upon the
successful Bidder’s furnishing of the performance security pursuant to ITB Clause 47.
22.6 The bid security of the successful Bidder shall be returned as promptly as possible once the
successful Bidder has signed the Contract and furnished the required performance security.
22.7 The bid security may be forfeited:

(a). If a Bidder withdraws its bid during the period of bid validity specified by the Bidder on
the Bid Submission Sheet, except as provided in ITB Sub-Clause 21.2; or
(b). If the successful Bidder fails to:
(i) Sign the Contract in accordance with ITB 45;
(ii) Furnish a performance security in accordance with ITB Clause 47; or
22.8 The bid security furnished by foreign bidders from a bank outside of Ethiopia has to be
unconditional and counter guaranteed by local banks.
23. Documents Comprising the Bid
23.1 All bids submitted must comply with the requirements in the Bidding Document and comprise
the following:
23.2 Mandatory documentary evidence establishing the Bidder's qualification is the following:
(a). Bid Submission Sheet (form furnished in Section 4, Bidding Forms) including the
following mandatory attachments:
(i) VAT registration certificate issued by the tax authority (only domestic Bidders in case
of contract value specified in BDS Clause 4.6(b)(ii));
(ii) A valid tax clearance certificate issued by the tax authority (domestic Bidders only);
(iii) Business organization registration certificate or trade license issued by the country of
establishment;
(iv) Relevant professional practice certificates, as appropriate.
(b). Bidder Certification of Compliance (form furnished in Section 4, Bidding Forms) including
the following mandatory attachments:
(i) Written statement by a power of attorney (or notary statement, etc.) proving that the
person, who signed the bid on behalf of the company/joint venture/consortium, is duly
authorized to do so, as stipulated in ITB Clause 24.2;
(ii) Documents required in the BDS Clause 15.2 as proof of the bidder's financial
standing;
(iii) Certificates of satisfactory execution of contracts provided by contracting parties to
the contracts successfully completed in the course of the period as specified in the
BDS with a budget of at least that of this contract, unless otherwise specified in the
BDS Clause 16.3,.
(c). Technical Specification + Technical Offer + Compliance Sheet (it should be presented as
per template furnished in Section 6, Statement of Requirements) with detailed description
of the proposed Goods and Related Services in compliance with the minimum technical
requirements, including, if necessary, separate sheets or documentation for details.
Technical Specification + Technical Offer + Compliance Sheet Form must include the
following mandatory attachments;
(i) Descriptive technical literature in accordance with ITB Clause 17 (if required in
BDS);
(ii) Description of the organization of the warranty offered in accordance with the
conditions laid down in GCC Clause 23;
(iii) Manufacturer Authorization Letter in accordance with ITB Clause 5.6
(d). Delivery and Completion Schedule;
(e). Bid Security, in accordance with ITB Clause 22;
(f). Alternative bids, if permissible, in accordance with ITB Clause 20.
(g). Domestic Bidders, individually or in joint ventures, applying for eligibility for a 15-percent
margin of domestic preference shall supply all information required to satisfy the criteria
for eligibility as described in ITB 35.
(h). In the case of a bid submitted by a joint venture (JV), the Form Data on Joint Ventures, the
Agreement governing the formation of joint venture, or letter of intent to form JV,
including a draft agreement, in accordance with ITB Clause 4.1.
(i). Price Schedule for the Goods and Related Services offered (it should be presented as per
template furnished in Section 4, Bidding Forms) and if necessary completed by separate
sheets for the details.
(j). Any other document or information required to be completed and submitted by Bidders, as
specified in the BDS
24. Format and Signing of Bid
24.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB
Clause 23 and clearly mark it “ORIGINAL.” Alternative bids, if permitted in accordance with
ITB 20, shall be clearly marked ―ALTERNATIVE. In addition, the Bidder shall submit copies
of the bid, in the number specified in the BDS and clearly mark each of them “COPY.” In the
event of any discrepancy between the original and the copies, the original shall prevail. If
required in BDS, Bidders shall be required to submit bid documents in two envelopes
containing the technical and financial proposals separately.
24.2 The original and all copies of the bid shall be typed or written in indelible ink and shall be
signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall
consist of a written statement by a power of attorney (or notary statement, etc.) proving that the
person, who signed the bid on behalf of the company/joint venture/consortium is duly
authorized to do so and it shall be attached to the bid. The name and position held by each
person signing the authorization must be typed or printed below the signature. All pages of the
bid, except for non-amended printed literature, shall be signed or initialled by the person
signing the bid.
24.3 Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialled
by the person signing the bid.
D. Submission and Opening of Bids

25. Sealing and Marking of Bids
25.1 The Bidder shall enclose the original and each copy of the bid, including alternative bids, if
permitted in accordance with ITB Clause 20, in separate sealed envelopes, duly marking the
envelopes as “ORIGINAL” and “COPY.” These envelopes containing the original and the
copies shall then be enclosed in one single envelope.
25.2 The inner and outer envelopes shall:

(a). Be addressed to the Public Body in accordance with ITB Sub-Clause 26.1;
(b). Bear the subject of the procurement or the Project name, and procurement reference
number indicated in the BDS;
(c). Bear the words “Not to be opened before the time and date for bid opening”.
25.3 The outer envelopes shall also indicate the name and address of the Bidder to enable the bid to
be returned unopened in case it is declared “late” pursuant to ITB Clause 27.1.
25.4 If all envelopes are not sealed and marked as required, the Public Body shall assume no
responsibility for the misplacement or premature opening of the bid.
26. Deadline for Submission of Bids
26.1 Bidders may always submit their bids by registered post or by hand. Bids must be received by
the Public Body at the address and no later than the date and time indicated in the BDS.
26.2 The Public Body may, at its discretion, extend the deadline for the submission of bids by
amending the Bidding Documents in accordance with ITB Clause 8, in which case all rights and
obligations of the Public Body and Bidders previously subject to the deadline shall thereafter be
subject to the deadline as extended.
27. Late Bids
27.1 The Public Body shall not consider any bid that arrives after the deadline for submission of
bids, in accordance with ITB Clause 26. Any bid received by the Public Body after the deadline
for submission of bids shall be declared late, rejected, and returned unopened to the Bidder.
28. Withdrawal, Substitution, and Modification of Bids
28.1 A Bidder may withdraw, substitute, or modify its bid after it has been submitted by sending a
written notice, duly signed by an authorized representative, and shall include a copy of the
authorization in accordance with ITB Sub-Clause 24.2, (except that withdrawal notices do not
require copies). The corresponding substitution or modification of the bid must accompany the
respective written notice. All notices must be:
(a). Submitted in accordance with ITB Clauses 24 and 25 (except that withdrawals notices do
not require copies), and in addition, the respective envelopes shall be clearly marked
“Withdrawal,” “Substitution,” “Modification;” and

(b). Received by the Public Body prior to the deadline prescribed for submission of bids, in
accordance with ITB Clause 26.
28.2 Bids requested to be withdrawn in accordance with ITB Sub-Clause 28.1 shall be returned
unopened to the Bidders. Bid withdrawal notices received after the bid submission deadline will
be ignored, and the submitted bid will be deemed to be a validly submitted bid.
28.3 No bid may be withdrawn, substituted, or modified in the interval between the deadline for
submission of bids and expiry of the period of bid validity specified by the Bidder on the Bid
Submission Sheet or any extension thereof.
29. Bid Opening
29.1 The Public Body shall conduct the bid opening in the presence of Bidders` designated
representatives who choose to attend, and at the address, date and time specified in the BDS.
The opening of the bid shall not be affected by the absence of the bidders on their own will.
29.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with
the corresponding bid shall not be opened, but returned to the Bidder. No bid withdrawal shall
be permitted unless the corresponding withdrawal notice contains a valid authorization to
request the withdrawal and is read out at bid opening. Next, envelopes marked
“SUBSTITUTION” shall be opened and read out and exchanged with the corresponding bid
being substituted, and the substituted bid shall not be opened, but returned to the Bidder. No bid
substitution shall be permitted unless the corresponding substitution notice contains a valid
authorization to request the substitution and is read out at bid opening. Envelopes marked
“MODIFICATION” shall be opened and read out with the corresponding bid. No bid
modification shall be permitted unless the corresponding modification notice contains a valid
authorization to request the modification and is read out at bid opening. Only envelopes that are
opened and read out at bid opening shall be considered further.
29.3 All other envelopes shall be opened one at a time, reading out: the name of the Bidder and
whether there is a modification; the Bid Prices, including any discounts and alternative offers;
the presence of a bid security, if required; and any other details as the Public Body may
consider appropriate. Only discounts and alternative offers read out at bid opening shall be
considered for evaluation. No bid shall be rejected at bid opening except for late bids, in
accordance with ITB Sub-Clause 27.1.
29.4 The Public Body shall prepare a record of the bid opening that shall include, as a minimum: the
name of the Bidder and whether there is a withdrawal, substitution, or modification; the Bid
Price, per lot if applicable, including any discounts and alternative offers; and the presence or
absence of a bid security, if one was required. The Bidders’ representatives who are present
shall be requested to sign the record. The omission of a Bidder’s signature on the record shall
not invalidate the contents and effect of the record. A copy of the record shall be distributed to
all Bidders.
29.5 Any bid document not opened and read out during the bid opening proceeding shall not be
considered for further evaluation.
E. Evaluation and Comparison of Bids
30. Confidentiality
30.1 Information relating to the examination, evaluation, clarification, and comparison of bids, and
recommendation of contract award, shall not be disclosed to bidders or any other persons not
officially concerned with such process until information on Contract award is communicated to
all bidders.
30.2 Any effort by a Bidder to influence the Public Body in the examination, evaluation, and
comparison of the bids or Contract award decisions may result in the rejection of its bid.
30.3 Notwithstanding ITB Sub-Clause 30.2, from the time of bid opening to the time of Contract
award, if any Bidder wishes to contact the Public Body on any matter related to the bidding
process, it should do so in writing.
31. Clarification of Bids
31.1 To assist in the examination, evaluation, and comparison of the bids, the Public Body may, at its
sole discretion, ask any Bidder for a clarification of its bid. Any clarification submitted by a
Bidder that is not in response to a request by the Public Body shall not be considered. The
Public Body’s request for clarification and the response shall be in writing. No change in the
prices or substance of the bid shall be sought, offered, or permitted, except to confirm the
correction of arithmetic errors discovered by the Public Body in the evaluation of the bids, in
accordance with ITB Clause 34.
31.2 If a Bidder does not provide clarifications of its bid by the date and time set in the Public
Body’s request for clarification, its bid may be rejected.
32. Responsiveness of Bids
32.1 The Public Body’s determination of a bid’s responsiveness is to be based on the contents of the
bid itself.
32.2 A substantially responsive bid is one that conforms to all the terms, conditions, and
specifications of the Bidding Documents without material deviation, reservation, or omission.
A material deviation, reservation, or omission is one that:
(a). If accepted, would,
(i) Affect in any substantial way the scope or quality of the Goods and Related Services
specified in the Contract; or
(ii) Limits in any substantial way, inconsistent with the Bidding Documents, the Public
Body’s rights or the Bidder’s obligations under the Contract; or
(b). If rectified would unfairly affect the competitive position of other Bidders presenting
substantially responsive bids.
32.3 If a bid is not substantially responsive to the salient requirements of the Bidding Documents it
shall be rejected by the Public Body and may not subsequently be made responsive by the
Bidder by correction of the material deviation, reservation, or omission.
32.4 Decisions to the effect that a bid is not substantially responsive t must be duly justified in the
evaluation minutes.
32.5 If only one Bid meets all salient requirements of the Bidding Document and is not otherwise
disqualified, the Public Body may still complete the full evaluation of that Bid and sign contract
with that Bidder if the Bid submitted by such bidder is satisfactory to the Public Body and the
price offered by the bidder is comparable to or less than the market price of the required object
of procurement.
33. Nonconformities and Omissions
33.1 Provided that a bid is substantially responsive, the Public Body may waive any non-conformity
or omissions in the bid that does not constitute a material deviation.
33.2 Provided that a bid is substantially responsive, the Public Body may request that the Bidder
submit the necessary information or documentation, within a reasonable period of time, to
rectify nonmaterial nonconformities or omissions in the bid related to documentation
requirements. Requesting information or documentation on such nonconformities shall not be
related to any aspect of the price of the bid. Failure of the Bidder to comply with the request
may result in the rejection of its bid.
33.3 Provided that a bid is substantially responsive, the Public Body shall rectify nonmaterial
nonconformities or omissions. To this effect, the Bid Price shall be adjusted, for comparison
purposes only, by the highest price quoted in this bidding process to reflect the price of the
missing or non-conforming item or component.
34. Dubious price quotations and errors in calculation
34.1 Provided that the bid is substantially responsive, the Public Body shall correct arithmetical
errors on the following basis:
(a). If there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall
be corrected, unless in the opinion of the Public Body there is an obvious misplacement of
the decimal point in the unit price, in which case the total price as quoted shall govern and
the unit price shall be corrected;
(b). If there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
(c). If there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a) and (b) above.
34.2 The Public Body shall correct the detected errors in calculation and notify the bidder in writing
of the corrections made without any delay, requesting the bidder to confirm that he accepts the
correction of the calculation error within the period specified in BDS from the date on which
the notice was received. The corrections shall be clearly indicated in the bid.
34.3 If the Bidder that submitted the lowest evaluated bid does not accept the correction of errors, its
bid shall be disqualified.
35. Margin of Preference
35.1 Preference shall be granted to locally produced goods, to small and micro enterprises
established under the relevant Proclamation.
35.2 The margin of preference to be so granted for locally produced goods and applied when
comparing prices during evaluation of bids shall be 15 %
35.3 The preference to be granted as per Sub-Clause 35.2 shall be effective where it is certified by a
competent auditor that no less than 35% of the total value of such products is added in Ethiopia.
35.4 For the purpose of Sub-Clause 35.3, value added in Ethiopia shall be calculated by deducting
from the total value of the product in question, the cost, exclusive of indirect taxes, of imported
raw materials and other supplies used in the production of such product as well as services
rendered abroad in connection with the production of that product.
35.5 Preference shall be given to small and micro enterprises established under the relevant law by a
margin of 3% when such enterprises compete with local bidders.
36. Preliminary Examination of Bids
36.1 The Public Body shall examine the bids to confirm that all documentary evidence establishing
the Bidder's qualification requested in ITB Clause 23 have been provided, and to determine
whether bid comply with administrative requirements of the Bidding Document.
36.2 From the time the Bids are opened to the time the Contract is awarded, the Bidders should not
contact the Public Body on any matter related to its Bid. Any effort by Bidders to influence the
Public Body in the examination, evaluation, ranking of Bids, and recommendation for award of
Contract may result in the rejection of the Bidders’ Bid.
36.3 The Public Body may determine bid as not responsive when:
(a). Bidder has failed to submit Written statement by a power of attorney (or notary statement,
etc.) proving that the person, who signed the bid on behalf of the company/joint
venture/consortium, is duly authorized to do so (ITB Sub-clause 24.2);
(b). Original and all copies of the bid are not typed or written in indelible ink and signed by a
person duly authorized to sign on behalf of the Bidder (ITB Sub-clause 24.2);
(c). All pages of the bid, except for non-amended printed descriptive literature, are not signed
or initialled by the person signing the bid (ITB Sub-clause 24.2);
(d). Bid is not written in language specified in the ITB Clause 11.1;
(e). Bidder has failed to submit signed and dated Bid Submission Sheet Form;
(f). Bidder has failed to submit signed and dated Price Schedule Form;
(g). Bidder has failed to submit signed and dated Bidder Certification of Compliance Form;
(h). Bidder has failed to submit signed and dated Technical Specification + Technical Offer+
Compliance Sheet Form;
(i). Bidder has failed to submit signed and dated Delivery and Completion Schedule;
(j). Bidder has failed to submit signed and dated Bid Security;
(k). The Bid Security is not in accordance with ITB Clause 22.
37. Legal, Professional, Technical, and Financial Admissibility of Bids
37.1 After confirming the bids comprise all mandatory documentary evidence establishing the
Bidder's qualification, the Public Body will rule on the legal, technical, professional, and
financial admissibility of each bid, classifying it as compliant or non-compliant with
qualification requirements set forth in the Bidding Document.
37.2 Legal admissibility
The Public Body may determine bid as not responsive when:
(a). Bidder does not have nationality in accordance with ITB Sub-Clause 4.2;
(b). Bidder is found to have a conflict of interest as described in ITB Sub-Clause 4.3
(c). Bidder has failed to submit valid business license indicating the stream of business in
which the bidder is engaged in accordance with ITB Clause 4.6(b)(i);
(d). Bidder has failed to register itself in the Public Procurement and Property Administration
Agency's suppliers list (mandatory for domestic Bidders only) in accordance with ITB
Clause 4.7;
(e). Domestic Bidder has failed to submit VAT registration certificate issued by the tax
authority (in case of contract value specified in BDS Clause 4.6(b)(ii), in accordance with
ITB Clause 4. 6(b)(ii);
(f). Domestic Bidder has failed to submit a valid tax clearance certificate issued by the tax
authority in accordance with ITB Clause 4.6(b)(iii);
(g). Foreign Bidder has failed to submit business organization registration certificate or valid
trade license issued by the country of establishment, in accordance with ITB Clause 4.6(c);
(h). Bidder has been debarred by a decision of the Public Procurement and Property
Administration Agency from participating in public procurements for breach of its
obligation under previous contracts, in accordance with ITB Clause 4.4.
(i). In the case of a bid submitted by a joint venture (JV), the Bidder has failed to submit the
Form Data on Joint Ventures, the Agreement governing the formation of joint venture, or
letter of intent to form JV, including a draft agreement, in accordance with ITB Clause 4.1
37.3 Professional admissibility
(a). Bidder has failed to submit relevant professional practice certificates, if required in BDS
Clause 4.6(b)(iv);
(b). Bidder has failed to provide in the Bidder Certification of Compliance Form information
related to its professional qualification and capability for the period specified in the BDS
Clause 14.1;
37.4 Technical admissibility
(a). Bidder has failed to provide in the Bid Submission Sheet Form the Statement attesting the
origin of the Goods and Related Services offered;
(b). Bidder has failed to provide in the Bidder Certification of Compliance Form information
about major relevant contracts successfully completed in the number and period specified
in the BDS;
(c). Bidder has failed to submit Certificates of satisfactory execution of contracts provided by
contracting parties to the contracts successfully completed in the period and budget as
specified in the BDS Clause 16.3;
(d). Bidder has failed to complete its Technical Specification + Technical Offer+ Compliance
Sheet Form in accordance with technical specification presented as per template in Section
6, Statement of Requirements and submit the following mandatory attachments;
(i) Bidder has failed to submit Descriptive technical literature in accordance with ITB
Clause 17;
(ii) Bidder has failed to submit Description of the organization of the warranty offered in
accordance with the conditions laid down in GCC Clause 23;
(iii) Bidder has failed to submit Manufacturer Authorization Letter in accordance with ITB
Clause 5.6.
(e). Bidder has failed to submit signed and dated Delivery and Completion Schedule presented
as per template in Section 6, Statement of Requirements
37.5 Financial admissibility
The Public Body may reject any bid when:

(a). Bidder has failed to submit financial statements certified by an independent auditor as
required in ITB Clause 15.2(a) for the period specified in Section 3, Evaluation
Methodology and Criteria;
(b). Bidder has failed to submit other documents proofing its financial standing, as required in
the BDS Clause 15.2(b);
(c). The average annual turnover for the period specified in Section 3, Evaluation Methodology
and Criteria does not exceed the amount of the financial proposal of the Bid in value
specified in the BDS.
(d). Bidder has failed to calculate Bid Prices for the Goods and Related Services offered as
prescribed in ITB Clause 12; and
(e). Bidder has failed to quote prices in currency specified in the BDS in accordance with ITB
Clause 13.
38. Evaluation of Bids
38.1 The Public Body shall evaluate each bid that has been determined, up to this stage of the
evaluation, to be substantially responsive.
38.2 For evaluation and comparison purposes, the Public Body shall convert all bid prices expressed
in the amounts in various currencies into a single currency indicated in BDS, using the selling
exchange rate established by the National Bank of Ethiopia and on the date of the Bid opening.
38.3 To evaluate a bid, the Public Body shall only use all the criteria and methodologies defined in
this Clause and in Section 3, Evaluation Methodology and Criteria. No other criteria or
methodology shall be permitted.
38.4 To evaluate a bid, the Public Body shall consider the following:
(a). The bid price;
(b). Price adjustment for correction of arithmetic errors in accordance with ITB Sub-Clause 34;
(c). Price adjustment due to discounts offered in accordance with ITB Sub-Clause 12.4;
(d). Converting the amount resulting from applying (a) to (c) above, if relevant, to a single
currency in accordance with ITB Sub-Clause 38.2;
(e). Adjustment for nonconformities and omissions in accordance with ITB Sub-Clause 33;
(f). Application of all the evaluation factors, if indicated in Section 3, Evaluation Methodology
and Criteria.
(g). Adjustments due to the application of a margin of preference, in accordance with ITB
Clause 35.
38.5 The Public Body’s cost evaluation of a bid may require the consideration of other factors, in
addition to the Bid Price quoted in accordance with ITB Clause 12. These factors may be
related to the characteristics, performance, and terms and conditions of purchase of the Goods
and Related Services. The factors to be used, if any, and the methodology of application shall
be indicated in Section 3, Evaluation Methodology and Criteria.
38.6 If these Bidding Documents allow Bidders to submit a Bid for different lots, and the award to a
single Bidder of multiple lots, the methodology of evaluation to determine the lowest evaluated
lot combinations, including any discounts offered in the Bid Submission Sheet, is specified in
the BDS and detailed in Section 3 Evaluation Methodology and Criteria.
39. Comparison of Bids

39.1 The Public Body shall compare all substantially responsive bids to determine the lowest
evaluated bid as specified in Section 3: Evaluation Methodology and Criteria.
40. Post-qualification Evaluation
40.1 After identifying the successful bidder by evaluating the bid documents against the criteria set
forth in this Bidding Document the Public Body shall conduct post qualification evaluation to
establish the current qualification of the successful bidder where it feels that it has to be
ascertained.
40.2 Such post qualification evaluation of the successful bidder may relate to submission of the
documentary evidence specified in ITB Clause 37, unless satisfactory documents are already
included in the Bid, concerning its current legal, professional, technical, and financial standing
and conformity to the requirements stated in this Bidding Document.
40.3 If the successful bidder fails to provide this documentary proof within 15 calendar days
following the Public Body's request or if the successful bidder is found to have provided false
information its Bid shall be disqualified, in which event the Public Body shall proceed to the
next lowest evaluated bid to make a similar determination of that Bidder’s capabilities to
perform satisfactorily.
41. Acceptance or Rejection of Bids
41.1 The Public Body reserves the right to accept or reject any bid, and to annul the bidding process
and reject all bids at any time prior to contract award, without thereby incurring any liability to
Bidders.
42. Re-advertising bids
42.1 The Public Body may issue invitation to bid for a second time under the following
circumstances:
(a). Where the Invitation to Bid has been unsuccessful, namely where no qualitatively or
financially worthwhile Bids have been received.
(b). Where the best price offered by a bidder is significantly higher than the market price
estimate of the object of procurement made by the Public Body prior to the issuance of the
invitation to bid.
(c). Where it is concluded that non compliance with the rules and procedures governing bids
prescribed by the Proclamation and Procurement Directive led to the failure of the
invitation to bid to attract more than one bidder, or where it is believed that modifying the
bidding document could attract adequate number of bidders.
(d). Circumstances of Force Majeure render normal implementation of the Contract impossible.
F. Award of Contract
43. Award Criteria
43.1 The Public Body shall award the Contract to the Bidder whose bid has been determined to be
the lowest evaluated bid and is substantially responsive to the Bidding Documents, provided
further that the Bidder is determined to be qualified to perform the Contract satisfactorily.
43.2 If Bids are being invited for individual contracts (lots) Contracts will be awarded lot by lot, but
the Public Body may select the most favorable overall solution after taking account of any
discounts offered.
43.3 If the Bidder is awarded more than one lot, a single contract may be concluded covering all
those lots.
44. Right to Vary Quantities at Time of Award
44.1 At the time the Contract is awarded, the Public Body reserves the right to increase or decrease
the quantity of Goods and scope of Related Services originally specified in Section 6, Statement
of Requirement, provided this does not exceed the percentages indicated in the BDS, and
without any change in the unit prices or other terms and conditions of the bid and the Bidding
Documents.
45. Announcing and Awarding of the Successful Bidder
45.1 Prior to expiry of the period of bid validity, the Public Body shall notify in writing the result of
a bid evaluation to all bidders alike at the same time.
45.2 The letter of notification to be disclosed to the unsuccessful bidders on the technical evaluation
shall state the reason why they did not succeed in their bid and the identity of the successful
bidder
45.3 A letter of award to be sent by the Public Body to a successful bidder shall not constitute a
contract between him and the Public Body. A contract shall be deemed to have been concluded
between the Public Body and the successful bidder only where a contract containing detailed
provisions governing the execution of the procurement in issue is signed.
45.4 A letter of contract award to be sent to a successful bidder may contain the following
information:
(a). That the Public Body has accepted his bid;
(b). The total contract price;
(c). The list of items and their respective unit price;
(d). The amount of the performance security the successful bidder is required to furnish and the
deadline for providing such security.
46. Signing of Contract
46.1 Promptly after notification of the proposed contract award the Public Body shall send the
successful Bidder the Contract.
46.2 Within fifteen (15) days of receipt of the notification of award, the successful Bidder shall sign,
date, and return it to the Public Body the Contract
46.3 The Public Body shall not sign a contract before seven working days from the date bidders are
notified of the result of their bid or of any complaint against the bid proceeding.
47. Performance Security
47.1 Within fifteen (15) days from signing the contract the successful Bidder shall furnish the
performance security in accordance with the GCC, using for that purpose the Performance
Security Form included in Section 9, Contract Forms, or another form acceptable to the Public
Body.
47.2 Failure of the successful Bidder to submit the above-mentioned Performance Security or sign
the Contract shall constitute sufficient grounds for annulment of the award and forfeiture of the
bid security.
47.3 Small and micro enterprises shall be required to submit a letter of guarantee written by a
competent body organizing and overseeing them in lieu of bid security, performance security or
advance payment guarantee.
47.4 Where the successful bidder can not or is unwilling to sign a contract or submit the above-
mentioned Performance Security, the Public Body may either declare the bidder submitting the
second lowest evaluated bid the successful bidder or invite such bidder to sign a contract or
advertise the bid afresh by assessing the benefit of the two options.
Part 1: Bidding Procedures Section 2: Bid Data Sheet
Section 2. Bid Data Sheet

Table of Contents
A. Introduction 1
B. Bidding Documents 2
C. Preparation of Bids 2
D. Submission and Opening of Bids 3
E. Evaluation, and Comparison of Bids 4
F. Award of Contract 4
Document: Bid Data Sheet Section II of IX Issued by:
Section 2. Bid Data Sheet (BDS)

Instructions for
Bidders (ITB) Data relevant to ITB
reference
A. Introduction
ITB 1.1 The Public Body is: Ethiopian Civil Aviation Authority
Registered Address: Addis Ababa Po.Box 978
ITB 1.1 The Bidding Document is issued under Procurement Method: International
Competitive Bid ICB
ITB 1.2 and The Project name is: procurement of Communication, Navigation and
25.2(b) surveillance Equipment and spare parts.
ITB 1.3 and The Procurement Reference Number is: ICB-001/16

25.2(b)
ITB 1.3 The number and identification of Lots in this Bidding Document is: 6 Lots.
ITB 4.1(a) The individuals or firms in a joint venture, consortium or association jointly and
severally liable.
ITB 4.6(b)(ii) Domestic Bidders shall provide VAT registration certificate issued by the tax
authority in case of contract value of and above.
ITB 4.6(b)(iv) Relevant professional practice certificate required.
ITB 4.8 A Bidder shall amend the evidence of its continued eligibility with the following
documents(for Local Agent only)
1.Renwed Trade License
2.VAT Certificate
3.TIN Certificate
4.Tax Clearance from Ethiopian Revenue Authority
5. On Line Registration Certificate from the Government of Public Procurement &
Property Administration Agency.
ITB 5.6 The Bidder required including with its bid, documentation from the Manufacturer
of the Goods, that it has been duly authorized to supply, in Ethiopia, the Goods
indicated in its bid.
Document: Bid Data Sheet Page 1 of 4 Issued by:
B. Bidding Documents
ITB 7.1 and For questions and/or clarification purposes only, the Public Body’s address is:
9.4 Public Body: Ethiopian Civil Aviation Authority
Attention:
Floor/Room number: 18
P.O. Box: 978
Street Address: Bole Road
Town/City: Addis Ababa
Post Code:
Country: Ethiopia
Telephone: +251 6 65 02 00 and +251 6 65 02 27
Facsimile: +251 6 65 02 81
E-mail address caa.airnave@ethionet.et
ITB 7.1 and The deadline for submission of questions and/or clarifications is:
9.4
Date: January 21, 2024
Time: 4 ;00 PM
C. Preparation of Bids
ITB 12.5 The Incoterms edition is: 2010
ITB 12.6(iii) Bidders be required to quote the price for inland transportation of the goods to
their final destination.
Prices quoted for each lot shall correspond to at least 100 percent of the items
ITB 12.8
specified for each lot.
Prices quoted for each item of a lot shall correspond to at least 100 percent of the
quantities specified for each item of a lot.
ITB 13.1 For Goods and Related Services that the Bidder will supply from inside Ethiopia
the prices shall be quoted in . ETH. Birr
ITB 14.1 Bidder must provide in the Bidder Certification of Compliance Form information
related to its professional qualification and capability for the current and the
previous years in order to proof its professional capacity.
ITB 15.2(b) As a proof of the bidder's financial standing the following documents need to be
furnished:
ITB 16.3 Bidder must submit at least Certificates of satisfactory execution of contracts
provided by contracting parties to the contracts successfully completed in the
course of the past years with a budget of at least .
The Public Body undertakes physical checking of current Bidder's technical
ITB 16.7
qualifications and competence.
Bidder furnish as part of its bid the following documentary technical evidence:
ITB 17.1
Samples of the quoted products be requested.

ITB 18.1
If requested, the following samples must be submitted:
ITB 20.1 Alternative Bids be not considered.
ITB 20.4 If alternative bids are permitted under BDS Clause 20.1 they must meet the
following criteria:
ITB 21.1 The bid validity period shall be: days. 180 days
ITB 22.1 A bid security required.

The amount of the bid security shall be Birr 100,000.00 or equivalent
ITB 24.1 In addition to the original of the bid, the number of copies required is: .One for
each (Technical & financial) separately.
Bidders required submitting bid documents in two envelopes containing the
ITB 24.1
technical and financial proposals separately.
 Technical proposal shall be consisted of mandatory documentary evidence
listed in the ITB Clause 23.2 (a) to (e);
 Financial proposal shall be consisted of Price Schedule for the Goods and
Related Services offered, as stated in the ITB Clause 23.2 (f).
 The bid security is present separately or inside Original Technical proposal.
D. Submission and Opening of Bids

ITB 26.1 For bid submission purposes only, the Public Body’s address is:
Public Body: Ethiopian Civil Aviation Authority
Attention:
P.O. Box: 978
Street Address: Bole
Post Code:
Country: Ethiopia
The deadline for bid submission is:
Date: February 08, 2024
Time: 10:00 AM
ITB 29.1 The bid opening shall take place at:

Public Body: Ethiopian Civil Aviation Authority
Street Address: Bole
Post Code:
Country: Ethiopia
Date:
February 08, 2024
Time: 10:30 AM
E. Evaluation, and Comparison of Bids
ITB 34.2 Bidder has to confirm that he accepts the correction of the calculation error within
the period
ITB 37.4(b) Bidder must provide in the Bidder Certification of Compliance Form information
about major relevant contracts successfully completed in the course of the past
years.
ITB 37.5(c) The average annual turnover for the last business year of the Bidder must exceed
times the amount of the financial proposal of the Bid.
ITB 38.2 The currency that shall be used for bid evaluation and comparison purposes to
convert all bid prices expressed in various currencies into a single currency is:
ITB 38.6 Multiple award to one Bidder be permitted.

The evaluation methodology to determine the lowest-evaluated combination of
lots shall be detailed in Section 3 Evaluation Methodology and Criteria.
F. Award of Contract
ITB 44.1 The percentage by which quantities may be increased is: .20%
The percentage by which quantities may be decreased is: .20%
Part 1: Bidding Procedures Section 3: Evaluation and Qualification Criteria
Section 3. Evaluation Methodology and

Criteria
Table of Contents
1. Professional, Technical, and Financial Qualification Criteria 1

2. Determining the Successful Bid 1
3. Domestic Preference 3
4. Evaluation of Multiple Contracts 3
5. Alternative Bids 3
Document: Evaluation and Qualification Criteria Section III of IX Issued by:
Part 1: Bidding Procedures Section 4: Bidding Forms
Section 4. Bidding Forms

Table of Contents
A. Bid Submission Sheet 1

B. Price Schedule for Goods and Related Services 4
C. Bidder Certification of Compliance 5
1. General Information About the Bidder 5
2. Financial Standing 5
3. Technical Qualifications, Competence, and Experience in the Procurement Object 6
4. Professional Qualifications and Capabilities 7
Quality Assurance / 7
5. Managerial and Control Procedures 7
6. Equipment and Facilities 7
7. Bidder Audit Agency 7
8. Organization of Firm 7
9. Bank Account Number and Bank Address 7
D. Form - Data on Joint Venture/Consortium 9
E. Bid Security 10
F. Manufacturer’s Authorization 11
Document: Bidding Forms Section IV of IX Issued by:
A. Bid Submission Sheet

Place and Date
Procurement Reference Number:
To:
Addis Ababa
Ethiopia
SUBMITTED BY1:
Complete Name and Address of the Seat of the
Nationality2
Bidder
Leader3
Member
Etc …
In response to your Bidding Document for the above Procurement Number:, we, the undersigned,
hereby declare that:
(a) We have examined and accept in full the content of the Bidding Document for the,
Procurement Number: We hereby accept its provisions in their entirety, without reservation
or restriction.
(b) We offer to supply in conformity with the Bidding Documents and in accordance with the
delivery schedule specified in the Statement of Requirements the following Goods and
Related Services: ;
(c) Warranty period for offered Goods and Related Services is .
(d) The total price of our Bid, excluding any discounts offered in item (d) below is: ;
(e) The discounts offered and the methodology for their application are:
Unconditional Discounts: If our bid is accepted, the following discounts shall apply. .
Methodology of Application of the Discounts: The discounts shall be applied using the
following method: ;
Conditional Discounts: If our bid(s) are accepted, the following discounts shall apply. .
Methodology of Application of the Discounts: The discounts shall be applied using the
following method: ;
(f) Our bid shall be valid for a period of days from the date fixed for the bid submission
deadline in accordance with the Bidding Documents, and it shall remain binding upon us and
may be accepted at any time before expiry of that period;
(g) The prices in this bid have been arrived at independently, without, for the purpose of
restricting competition, any consultation, communication, or agreement with any other
bidder or competitor relating to:
1
One signed original Bid Submission Form signed by each legal entity making the Bid must be supplied together with
the number of copies specified in the Instruction to Bidders.
2
Country in which the legal entity is registered.
3
Add/delete additional lines for members as appropriate. Note that a subcontractor is not considered to be a member for
the purposes of this bidding procedure. If this bid is being submitted by an individual bidder, the name of the bidder
should be entered as "leader" and all other lines should be deleted.
Document: Bidding Forms Page 1 of 11 Issued by:
i. Those prices;
ii. The intention to submit a bid; or
iii. The methods or factors used to calculate the prices offered.
(h) The prices in this bid have not been and will not be knowingly disclosed by the , directly or
indirectly, to any other bidder or competitor before bid opening.
(i) We, including any subcontractors for any part of the contract resulting from this procurement
process, are eligible to participate in public procurement in accordance with ITB Clause 4.1
and have not been debarred by a decision of the Public Procurement and Property
Administration Agency from participating in public procurements for breach of our
obligation under previous contract ;
(j) We are not insolvent, in receivership, bankrupt or being wound up, not have had our
business activities suspended and not be the subject of legal proceedings for any of the
foregoing;
(k) We have fulfilled our obligations to pay taxes according to Ethiopian Tax laws
(l) We have read and understood the provisions on fraud and corruption in GCC Clause 5 and
confirm and assure to the Public Body that we will not engage ourselves into these evil
practices during the procurement process and the execution of any resulting contract;
(m) We have not committed an act of embezzlement, fraud or connivance with other bidders.
(n) We have not given or have been offered to give inducement or bribe to an official or
procurement staff of the to influence the result of the bid in our favor.
(o) We are not participating, as Bidders, in more than one bid in this bidding process, other than
alternative bids in accordance with the Bidding Document;
(p) We do not have any conflict of interest and have not participated in the preparation of the
original Statement of Requirements for the Public Body;
(q) If our bid is accepted, we commit to submit a performance security in accordance with the
GCC Clause 47 of the Bidding Documents, in the amount of for the due performance of the
Contract;
(r) We, including any subcontractors or suppliers for any part of the Contract, have nationalities
from eligible countries ];
(s) Offered Goods and Related Services do not originate in a country in respect of which the
Government of the Federal Democratic Republic of Ethiopia has imposed trade ban;
(t) Offered Goods and Related Services do not originate in a country under trade embargo of the
Security Counsel of the United Nations in which transacting with any business organization
or individual who is the national of that country is prohibited;
(u) We will inform the immediately if there is any change in the above circumstances at any
stage during the implementation of the contract. We also fully recognize and accept that any
inaccurate or incomplete information deliberately provided in this bid may result in our
exclusion from this and other contracts funded by the Government of the Federal Democratic
Republic of Ethiopia.
(v) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall not constitute a binding contract between us, until a formal
contract is prepared and executed.
(w) We understand that you reserve the right to reject any or all bids that you may receive.
Name
In the capacity of .
Signed
Duly authorized to sign the bid for and on behalf of .
Dated on [insert day] day of ], 20

Attachments:
1. Valid trade license indicating the stream of business in which the is engaged;
2. VAT registration certificate issued by the tax authority ;
3. A valid tax clearance certificate issued by the tax authority ;
4. Business organization registration certificate or trade license issued by the country of
establishment ;
5. Relevant professional practice certificates.
6. Bid Security; and
7. Other documents requested by the Public Body.
B. Price Schedule for Goods and Related Services4

Place and Date
Procurement Reference No.:
Alternative No.:
To:
Addis Ababa
Cost of Custom
Item Description of Goods or Country of Unit of Unit Price Cost of Cost of Inland Unit Price Total Price
Qty Marine Duties and
No.5 Related Services6 Origin Qty FOB Carriage7 Transport 6+7+8+9+10 (5x11)
Insurance8 Taxes9
1 2 3 4 5 6 7 8 9 10 11 12
Bid Price in
Local Inputs to be Used Ethiopia Unit Qty Unit Price Total Price
Bid Price in ETB

Name
In the capacity of
Signed
Duly authorized to sign the bid for and on behalf of
4
Fill data into table columns as appropriate.
5
Insert Item Number from Technical Offer, Column 1, Section 6, Statement of Requirements.
6
Insert description of the Goods and Related Services from Technical Offer, Column 2, Section 6, Statement of Requirements.
7
Sea transport for every import should be done by the country's flag carrier, Ethiopian Shipping Lines Share Company. If not possible, appropriate waiver must be acquired.
8
All imports should use Ethiopian Insurance Companies to cover marine insurance. If not possible, appropriate waiver must be acquired.
9
Importers to Ethiopia are required to pay Import (Customs) duty, Withholding Tax (a fixed rate of 2%), Excise Tax (if applicable), VAT (a fixed rate of 15%) and Surtax (a fixed
rate of 10%).
C. Bidder Certification of Compliance10
Place and Date

To:
Addis Ababa
Ethiopia
1. General Information About the Bidder
Bidder’s Legal Name:
In case of Joint Venture,

legal name of each party:
Place of Registration:
Legal Address in Country of

Registration:
Name:
Position:
Authorized Representative
Address:
Information
Telephone/Fax:
E-mail address:
In case of JV, letter of intent to form JV including a draft
agreement, or agreement governing formation of JV, in
accordance with ITB Sub-Clause 4.1
Attached copies of original Form Data on Joint Ventures
documents of: In case of government owned entity from the Public Body’s
country, documents establishing legal and financial
autonomy and compliance with the principles of commercial
law, in accordance with ITB Sub-Clause 4.4.
We have attached an official written statement by a power of attorney (or notary statement, etc.)
proving that the above person, who signed the bid on behalf of the company/joint
venture/consortium, is duly authorized to do so.
2. Financial Standing
has adequate financial resources to manage this Contract as established by our financial
statements, audited by an independent auditor, submitted in this Bid. The following table contains
our financial data. These data are based on our annual audited accounts. Figures in all columns
have been provided on the same basis to allow a direct, year-on-year comparison to be made.
10
One signed original Bidder Certification of Compliance Form must be supplied together with the number of copies
specified in the Instruction to Bidders. If this bid is being submitted by a joint venture/consortium, the data in the tables
below must be the sum of the data provided by the joint venture/consortium members.
Historic Information for Previous Years

FINANCIAL DATA in
Year 2 Year 1 Last Year Current Year Average
A. Information from Balance Sheet
1.Total Assets
2. Total Liabilities
I. Net Value (1-2)
3. Current Assets
4. Short-term debts
II. Working Capital (3-4)
B. Information from Income Statement
1. Total Revenue
2. Pre-tax Profits
3. Losses
Along with financial data we provided above we have attached the following documents as proof
of our financial standing, as required in the BDS:
(a).
(a). .
Attached documents comply with the following conditions:
 Documents reflect the financial situation of the Bidder or partner to a Joint Venture, and not
sister or parent companies;
 Historic financial statements are audited by a certified accountant;
 Historic financial statements are complete, including all notes to the financial statements;
 Historic financial statements correspond to accounting periods already completed and audited.
Annual Turnover Data

Year Amount and Currency
Average Annual
Turnover*
*Average annual turnover calculated as total certified payments received for contracts in progress
or completed over the number of years specified in Section 3, Evaluation and Qualification
Criteria, Sub-Factor 1.3(a), divided by that same number of years.
3. Technical Qualifications, Competence, and Experience in the Procurement
Object
As proof of the technical and professional ability in selling and servicing the Goods and Related
Services listed in our Bid the tables below summarizes the major relevant contracts successfully
completed in the course of the past years with a budget of .
Each partner of a Joint Venture should separately provide details of its own relevant contracts.
.
Name of Bidder or partner in a Joint Venture:
1. Name of Contract
Country
2. Name of client
Address of client
Name of Bidder or partner in a Joint Venture:

Name of contact person
Function of contact person
Telephone number
E-mail address
Nature of Goods and Related Services relevant to
4. the contract for which the Bidding Documents are
issued
Prime Contractor:
5. Contract role (check one) Subcontractor;
Partner in a Joint Venture
6. Overall supply value in
7. Date of award/completion
8. Final acceptance issued (check one) Yes: Not Yet No:
9. Number of staff provided
Indicate the approximate percent of total contract
value of Goods and Related Services undertaken by
10
subcontract, if any, and the nature of such Non-
Consultancy services
11 Other relevant information
The Clients' Certificate concerning the satisfactory execution of contract is attached to this
document
4. Professional Qualifications and Capabilities

In order to proof our professional qualifications and capability the following table contains
personnel statistics for the current and the two previous years.
Year before last Last year This year

Average Specialists in Specialists in Specialists in
manpower Overall Technical Overall Technical Overall Technical
Area Area Area
Permanent
Temporary
TOTAL
5. Quality Assurance / Managerial and Control Procedures

6. Equipment and Facilities
7. Bidder Audit Agency
8. Organization of Firm
9. Bank Account Number and Bank Address
The bank account into which payment should be made is the following:
Name
Signed

Attachments:
1. Statement issued by a power of attorney authorizing the signatory of the Bid;
2. Audited financial statements;
3. Documents required as proof of the bidder's financial standing, as required in the BDS.
4. Certificates of satisfactory execution of contracts provided by contracting parties to the
contracts successfully completed in the course of the past years, as required in the BDS.
D. Form - Data on Joint Venture/Consortium

Date:
Alternative No:
Name of Joint
1.
Venture/Consortium
Managing Board's Address
P.O. Box:
Street Address:
Town/City:
2. Post Code:
Country:
Telephone:
Facsimile:
E-mail address
Agency in the Federal Democratic Republic of Ethiopia, if any (in the case of a joint
venture/consortium with a foreign lead member)
P.O. Box:
Street Address:
3. Town/City:
Post Code:
Telephone:
Facsimile:
E-mail address
Names of Members
Member 1
4.
Member 2
Etc.
5. Name of Lead member
Agreement governing the formation of the joint venture/consortium
6. Date of signature
Place
Proposed proportion of
responsibilities between members (in
7.
%) with indication of the type of the
works to be performed by each
Name
Signed
E. Bid Security
Date:
Alternative No:
To:
Whereas (hereinafter “the Bidder”) has submitted its bid dated for Procurement reference
Number for the supply of , hereinafter called “the Bid.”
KNOW ALL PEOPLE by these presents that WE , of having our registered office at (hereinafter
“the Guarantor”), are bound unto (hereinafter “the Public Body”) in the sum of , for which
payment well and truly to be made to the aforementioned Public Body, the Guarantor binds itself,
its successors or assignees by these presents. Sealed with the Common Seal of this Guarantor
this ] day of , .
THE CONDITIONS of this obligation are the following:
1. If the Bidder withdraws its bid during the period of bid validity specified by the Bidder in
the Bid Submission Sheet, except as provided in ITB Sub-Clause 21.2; or
2. If the Bidder, having been notified of the acceptance of its bid by the Public Body, during
the period of bid validity, fails or refuses to:
(a) Execute the Contract; or
(b) Furnish the Performance Security, in accordance with the ITB Clause 47; or
We undertake to pay the Public Body up to the above amount upon receipt of its first written
demand, without the Public Body having to substantiate its demand, provided that in its demand
the Public Body states that the amount claimed by it is due to it, owing to the occurrence of one
or more of the above conditions, specifying the occurred conditions.
This security shall remain in force up to and including twenty-eight (28) days after the period of
bid validity, and any demand in respect thereof should be received by the Guarantor no later than
the above date.
Name:
In the capacity of
Signed:
Duly authorized to sign the bid for and on behalf of:
F. Manufacturer’s Authorization
Date: .
Alternative No:
To:
WHEREAS , who are official manufacturers of , having factories at , do hereby authorize to

submit a bid in relation to the Invitation for Bids indicated above, the purpose of which is to
provide the following Goods, manufactured by us , and to subsequently negotiate and sign the
Contract.
We hereby extend our full guarantee and warranty in accordance with Clause 23 of the General
Conditions of Contract, with respect to the Goods offered by the above firm in reply to this
Invitation for Bids.
Name:
In the capacity of
Signed:
Part 1: Bidding Procedures Section 5: Eligible Countries
Section 5. Eligible Countries
A. Eligible Countries
Procurement Reference Number: ICB-001/16
All countries are eligible except countries subject to the following provisions.
A country shall not be eligible if:
(b). As a matter of law or official regulation, the Government of the Federal Democratic
Republic of Ethiopia prohibits commercial relations with that country, provided that the
Government of the Federal Democratic Republic of Ethiopia is satisfied that such
exclusion does not preclude effective competition for the provision of goods or related
services required; or
(c). By an act of compliance with a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations, the Government of the Federal
Democratic Republic of Ethiopia prohibits any import of Goods from that country or any
payments to persons or entities in that country.
Document: Eligible Countries Section V of IX Issued by:
Part 2: Statement of Requirements Section 6: Statement of Requirements
Part 2 Statement of Requirement

Section 6. Statement of Requirements
Table of Contents
A. Technical Specification - General Note 1

B. Technical Specification + Technical Offer + Compliance Sheet 1
C. Non-Technical and Non-Financial Requirements 3
1. Supply of the Goods 3
2. Maintenance & Repair 3
3. Spare Parts and/or Supplies 3
4. Documents / Samples 3
5. Other Requirements 3
D. Delivery and Completion Schedule 4
E. Drawings 5
Document: Statement of Requirements Section VI of IX Issued by:
Part 3: Contract Section 7: General Conditions of Contract
Part 3 Contract
Section 7. General Conditions of
Contract
Table of Clauses
A. General Provisions 1
1. Definitions 1
2. Appointment 3
3. Relationship of the Parties 3
4. Due Diligence 3
5. Fraud and Corruption 4
6. Interpretation 5
B. The Contract 5
7. Contract Documents 5
8. Governing Law 6
9. Language 6
10. Notices and written communications 6
11. Authorized Officers 6
12. Assignment 7
13. Subcontracting 7
14. Modifications and Contract Amendments 8
15. Change in Laws and Regulations 8
16. Taxes and Duties 9
17. Force Majeure 9
18. Breach of Contract 10
19. Suspension of Assignment 10
20. Termination 10
21. Arrangements on Termination 12
22. Cessation of Rights and Obligations 13
23. Warranty 13
24. Settlement of Disputes 13
25. Liquidated Damages 14
26. Confidentiality 14
27. Copyright 15
28. Miscellaneous 15
Document: General Conditions of Contract Section VII of IX Issued by:
C. Obligations of the Public Body 16

29. Provision of Assistance 16
D. Payment 16
30. Contract Price 16
31. Price Adjustments 17
32. Mode of Billing and Terms of Payment 17
33. Forms 18
E. Obligations of the Supplier 18
34. Supplier’s Responsibilities 18
35. Joint Venture, Consortium or Association 19
36. Eligibility 19
37. Code of Conduct 19
38. Conflict of Interests 20
39. Patent Indemnity 20
40. Limitation of Liability 21
41. Intellectual Property 21
42. Insurance 21
43. Product Information 22
44. Accounting, Inspection and Auditing 23
45. Data Protection 23
46. Review 23
47. Performance Security 23
F. Performance of the Contract 24
48. Scope of Supply 24
49. Specifications and Standards 24
50. Delivery 25
51. Packing, Marking, and Documents 25
52. Identification of Goods 26
53. Containers and Pallets 26
54. Property and Risk 26
55. Tools etc. 26
56. Quality 26
57. Inspections and Tests 27
58. Rejection of Goods 28
59. Extensions of Time 28
60. Performance Measurement 29
Document: General Conditions of Contract Section VII of IX Issued by:
Section 7 General Conditions of Contract

A. General Provisions
1. Definitions
1.1 The headings and titles of these General Conditions of Contract shall not limit, alter or affect the
meaning of the Contract.
1.2 The following words and expressions shall have the meanings hereby assigned to them:
(a). "Authorized Officer" means a person designated as such by the Public Body from time to
time as notified in writing to the Supplier to act as the representative
of the Public Body for all purposes connected with the Contract,
including any authorized representative of such person;
(b). "Bankrupt" means with respect to any entity, such entity (i) files a petition or
otherwise commences, authorizes or acquiesces in the
commencement of a proceeding or cause of action under any
bankruptcy, insolvency, reorganization or similar law, or has any
such petition filed or commenced against it, (ii) makes an
assignment or any general arrangement for the benefit of creditors,
(iii) otherwise becomes bankrupt or insolvent (however evidenced),
(iv) has a liquidator, administrator, receiver, trustee, conservator or
similar official appointed with respect to it or any substantial portion
of its property or assets, or (v) is generally unable to pay its debts as
they fall due;
(c). "Completion" means the fulfilment of the Contract by the Supplier in accordance
with the terms and conditions set forth in the Contract;
(d). "Contract Documents" means the documents listed in the GCC, including all attachments,
appendices, and all documents incorporated by reference therein,
and shall include any amendments thereto;
(e). "Contract Manager" means a person designated as such by the Supplier from time to time
as notified in writing to the Public Body to act as the duly authorized
representative of the Supplier for all purposes connected with the
Contract, including any authorized representative of such person;
(f). "Contract Price" means the money payable by the Public Body to the Supplier based
on the Contract Agreement and shall include all royalties, license
fees or similar expenses in respect of the making, use or exercise by
the Supplier of any Intellectual Property or Intellectual Property
Rights for the purpose of performing the Contract;
(g). "Contract" means the binding Contract Agreement entered into between the
Public Body and the Supplier, comprising Contract Documents
referred to therein, including all attachments, appendices, and all
documents incorporated by reference therein,
(h). "Day" means calendar day;
(i). "Delivery" means the transfer of the Goods from the Supplier to the Public
Body in accordance with the terms and conditions set forth in the
Contract;
(j). "Eligible Countries" means the countries and territories eligible as listed in Section 5 of
the Bidding Document;
Document: General Conditions of Contract Page 1 of 29 Issued by:
(k). "General Conditions of hereinafter referred to as “GCC”, means the conditions in this
Contract" section of the Contract, which shall govern the Contract, except
where amended by the SCC or Contract Agreement;
(l). "Good Industry means the exercise of that degree of skill, diligence and foresight
Practice" which would reasonably and ordinarily be expected from a skilled
and experienced supplier engaged in the provision of goods similar
to the goods under the same or similar circumstances as those
applicable to the Contract and which are in accordance with any
codes of practice published by relevant trade associations;
(m). "Goods" means raw material, products and equipment and commodities in
solid, liquid or gaseous form, marketable software and live animals
as well as installation, transport, maintenance or similar obligations
related to supply of the goods if their value does not exceed that of
the goods themselves; and “related services” includes services such
as transportation, commissioning, insurance, installation, training,
and initial maintenance;
(n). "Government" means the Government of the Federal Democratic Republic of
Ethiopia;
(o). "In writing" shall be interpreted to include any document which is recorded in
manuscript or typescript;
(p). "Liquidated damages" means the compensation stated in the contract as being payable by
Supplier to the Public Body for failure to perform the contract or
part thereof within the periods under the contract, or as payable by
either party to the other for any specific breach identified in the
contract;
(q). "Location" means the location for the delivery of the Goods and Related
Services as set out in the Contract or as otherwise agreed in writing
between the Public Body and the Supplier;
(r). "Party" means the Public Body or the Supplier and includes their permitted
successors and “Parties” means both of them;
(s). "Public Body" means public body, which is partly or wholly financed by the
Federal Government Budget, higher education institutions, and
public institutions of like nature which has the powers and duties to
conclude a Contract for the supply of Goods and Related Services,
as specified in the SCC;
(t). "Purchase Order" or acronym "PO" means an individual order for Goods and Related
Services issued by Public Body pursuant to the terms, conditions,
and pricing established in a Contract. Each individual Purchase
Order is a binding contractual instrument and will refer and
incorporate the terms and conditions of this Contract and specify the
goods to be supplied, delivery schedule, and price;
(u). "Related Services" means the services incidental to the supply of the goods, such as
insurance, installation, training and initial maintenance and other
similar obligations of the Supplier under the Contract;
(v). "Special Conditions of hereinafter referred to as “SCC”, means the conditions attached to
Contract" the Contract Agreement, which shall govern the Contract and shall
prevail over these General Conditions of Contract;
(w). "Subcontractor" means any natural person, private or government entity, or a
combination of the above, including its legal successors or permitted
assigns, to whom any part of the Goods to be supplied or execution
of any part of the Related Services is subcontracted by the Supplier;

(x). "Supplier" means a natural or juridical person under contract with a Public
Body to supply goods and related services.
Part 2 Appointment
1.1 The Public Body appoints the Supplier to supply the Goods and Related Services:
(a). Promptly (and in any event within any time targets as may be set out in the Section 6,
Statement of Requirements) and in a professional and courteous manner so as to reflect and
promote the image of the Public Body;
(b). Strictly in accordance with the Statement of Requirements and all provisions of the Contract;
and
(c). In accordance with all applicable laws and regulations of the Federal Democratic Republic of
Ethiopia and Good Industry Practice; and
(d). In accordance with the policies, rules, and procedures of the appropriate Authority as
amended from time to time.
(e). In accordance with the quality standards set by the Quality and Standards Authority of
Ethiopia (QSAE) and applicable international standards;
(f). In accordance with the terms and conditions of appointment as provided in this Clause in
consideration of the Contract Price.
Part 3 Relationship of the Parties
1.1 The Supplier shall not incur any liabilities on behalf of the Public Body or enter into any contract
or obligation on behalf of the Public Body.
1.2 The Supplier shall be an independent contractor performing the Contract. The Contract does not
create any agency, partnership, joint venture, or other joint relationship between the parties to the
Contract.
1.3 Subject to the provisions of the Contract, the Supplier shall be solely responsible for the manner in
which the Contract is performed. All employees, representatives, or Subcontractors engaged by
the Supplier in connection with the performance of the Contract shall be under the complete
control of the Supplier and shall not be deemed to be employees of the Public Body, and nothing
contained in the Contract or in any subcontract awarded by the Supplier shall be construed to
create any contractual relationship between any such employees, representatives, or
Subcontractors and the Public Body.
Part 4 Due Diligence
1.1 The Supplier acknowledges that it:

(a). Has made and shall make its own enquiries to satisfy itself as to the accuracy and adequacy of
any information supplied to it by or on behalf of the Public Body;
(b). Has raised all relevant due diligence questions to the Public Body before the Effective Date;
and
(c). Has entered into this Contract in reliance on its own due diligence alone.
1.2 Any disputes relating to due diligence shall be resolved in accordance with the Ethiopian Law.
Part 5 Fraud and Corruption
1.1 It is the Government of the Federal Democratic Republic of Ethiopia’s policy to require that
Public Body, as well as bidders/suppliers, to observe the highest standards of ethics during the
procurement and the execution of contracts. In pursuance of this policy, the Government of the
Federal Democratic Republic of Ethiopia represented by the Public Procurement and Property
Administration Agency (herein referred to as the Agency) requires that Contracting Authorities
shall include in bidding documents, provisions against corrupt practices.
1.2 The Agency defines, for the purposes of these provisions, the terms set forth below as follows:
(a). “Corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of any
thing of value to influence the action of a public official in the procurement process or in
contract execution, and
(b). “Fraudulent practice” is any act or omission, including misrepresentation that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to
avoid an obligation.
(c). “Collusive practices" is a scheme or arrangement between two or more Suppliers, with or
without the knowledge of the Public Body, designed to establish prices at artificial, non
competitive levels, and
(d). “Coercive practices” is harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in a procurement process, or affect the execution of a
contract.
(e). "Obstructive practice" is
(i) deliberately destroying, falsifying, altering or concealing of evidence material to the
investigation or making false statements to investigators in order to materially impede
the Federal Ethics and Anticorruption Commission, the Federal Auditor General and the
Public Procurement and Property Administration Agency or their auditors' investigation
into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent their from disclosing their
knowledge of matters relevant to the investigation or from pursuing the investigation, or
(ii) acts intended to materially impede the exercise of inspection and audit rights provided
for under GCC Sub-clause 44.2.
1.3 The Agency will debar a Supplier from participation in public procurement for a specified period
of time if it at any time determines that the Supplier has engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices in competing for, or in executing, a contract.
1.4 The Agency reserves the right, where a Supplier has been found by a national or international
entity to have engaged in corrupt or fraudulent practice, to declare that such a Supplier is
ineligible, for a stated period of time, to be awarded a Government funded contract.
1.5 The Agency will have the right to require that, in contracts funded by the Government of Ethiopia,
a provision be included requiring suppliers to permit the Agency to inspect their accounts and
records relating to the performance of the contract and to have them audited by auditors appointed
by the Agency, if the supplier engages in any corrupt practice.
1.6 Any communications between the Supplier and the Public Body or the Agency related to matters
of alleged fraud or corruption must be made in writing.
Part 6 Interpretation
1.1 If the context so requires it, singular means plural and vice versa.
1.2 In these terms and conditions, words referring any particular gender include all other genders.
1.3 Incoterms
(a). Unless otherwise specified in the SCC, the meaning of any trade term and the rights and
obligations of parties thereunder shall be as prescribed by Incoterms.
(b). DDP, EXW, CIF, CIP, and other similar terms, shall be governed by the rules prescribed in
the current edition of Incoterms, published by the International Chamber of Commerce at the
date of the Invitation for Bids or as specified in the SCC.
1.4 Entire Agreement
The Contract constitutes the entire agreement between the Public Body and the Supplier and
supersedes all communications, negotiations and agreements of parties with respect thereto
made prior to the date of Contract.
1.5 Amendment
No amendment or other variation of the Contract shall be valid unless it is in writing, is dated,
expressly refers to the Contract, and is signed by a duly authorized representative of each party
thereto.
1.6 Nonwaiver
(a). Subject to GCC Sub-Clause 6.6(b) below, no relaxation, forbearance, delay, or indulgence by
either party in enforcing any of the terms and conditions of the Contract or the granting of
time by either party to the other shall prejudice, affect, or restrict the rights of that party under
the Contract, neither shall any waiver by either party of any breach of Contract operate as
waiver of any subsequent or continuing breach of Contract.
(b). Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing,
dated, and signed by an authorized representative of the party granting such waiver, and must
specify the right and the extent to which it is being waived.
1.7 Severability
If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable,
such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any
other provisions and conditions of the Contract.
B. The Contract
Part 7 Contract Documents
1.1 The documents forming the Contract shall be interpreted in the following order of precedence in
the event of any conflict between the documents comprising this Contract:
(a). Agreement;
(b). The Special Conditions of Contract;
(c). The General Conditions of Contract;

(d). Bid Submission Sheet with Annexes;
(e). Price Schedule;
(f). List of accepted items including their unit price;
(g). Bidder Certification of Compliance with Annexes;
(h). Technical Specification + Technical Offer + Compliance Sheet with Annexes;
(i). Any other document listed in the SCC as forming part of the Contract.
1.2 All documents forming the Contract are intended to be correlative, complementary, and mutually
explanatory.
1.3 Any action required or permitted to be taken, and any document required or permitted to be
provided, under the Contract by the Public Body or the Supplier may be taken or provided by the
authorized representatives specified in the SCC.
1.4 The Contract constitutes the entire agreement between the Public Body and the Supplier and
supersedes all communications, negotiations and agreements (whether written or oral) of parties
with respect thereto made prior to the date of Contract. No agent or representative of either Party
has authority to make, and the Parties shall not be bound by or be liable for, any statement,
representation, promise or agreement not set forth herein.
Part 8 Governing Law
1.1 The Contract shall be governed by and interpreted in accordance with the laws of the Federal
Democratic Republic of Ethiopia, unless otherwise stated in SCC.
Part 9 Language
1.1 The Contract as well as all written and oral communication and documents relating to the Contract
exchanged by the Supplier and the Public Body, shall be in English. Supporting documents and
printed literature that are part of the Contract may be in another language, but any documents
provided in another language must be accompanied by an accurate translation into English. For
purposes of interpretation of the Contract, this translation shall govern.
1.2 The Supplier shall bear all costs of translation to the governing language and all risks of the
accuracy of such translation.
Part 10 Notices and written communications
1.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract
shall be in writing. The term “in writing” means communicated in written form with proof of
receipt.
1.2 Any such notice, request or consent shall be deemed to have been given or made when delivered
in person to an authorized representative of the Party to whom the communication is addressed, or
when sent to such Party at the address specified in the SCC.
1.3 A Party may change its address for notice hereunder by giving the other Party notice in writing of
such change to the address specified in the SCC.
Part 11 Authorized Officers
1.1 Any notice, information or communication given to or made by an Authorized Officer shall be
deemed to have been given or made by the Public Body.
1.2 The Supplier shall decline from supplying the Goods and Related Services to any of the Public
Body's staff who are not Authorized Officers.
Part 12 Assignment
1.1 An assignment is a written agreement by which the Supplier transfers its contract or part thereof
to a third party.
1.2 The Supplier shall not, without the prior written consent of the Public Body, assign the Contract
or any part thereof, or any benefit or interest thereunder, except in the following cases.
(a). A charge, in favor of the Supplier's bankers, of any monies due or to become due under the
Contract; or
(b). Assignment to the Supplier's insurers of the Supplier's right to obtain relief against any other
person liable in cases where the insurers have discharged the Supplier's loss or liability.
1.3 With the exception of the carriage of Goods to the Location, the Supplier shall not sub-contract
the production or supply of any Goods without the previous consent in writing of the Public Body,
such consent not to be unreasonably withheld or delayed.
1.4 For the purpose of GCC Clause 12.2 the approval of an assignment by the Public Body shall not
relieve the Supplier of its obligations for the part of the Contract already performed or the part not
assigned.
1.5 If the Supplier has assigned his Contract without authorization, the Public Body may, without
giving formal notice thereof, apply as of right the sanctions for breach of Contract provided for in
GCC Clauses 18 and 20.
1.6 Assignees must satisfy the eligibility criteria applicable for the award of the Contract and they can
not be in any of the situations excluding them from participating in Contract.
1.7 Every assignment shall be subject to the provisions of this Contract and shall incorporate the
terms and conditions of this Contract.
Part 13 Subcontracting
1.1 A sub-contract shall be valid only if it is a written agreement by which the Supplier entrusts
performance of a part of the Contract to a third party.
1.2 In the event the Supplier requires the related services of sub-contractors that are not included in
the Contract, the Supplier shall obtain the prior written approval and clearance of Public Body for
all sub-contractors. The related services to be sub-contracted and the identity of the subcontractors
shall be notified to the Public Body. The Public Body shall with due regard to the provisions of
GCC Clause 10 within 15 days of receipt of the notification, notify the Supplier of its decision,
stating reasons should he withhold such authorization.
1.3 The terms of any sub-contract shall be subject to and conform to the provisions of this Contract.
1.4 The Public Body shall have no contractual relations with the Sub-Contractors.
1.5 Sub-contractors must satisfy the eligibility criteria applicable to the award of the contract and they
can not be in any of the situations excluding them from participating in contract.
1.6 The Supplier shall be responsible for the acts, defaults and negligence of his Sub-Contractors and
their agents or employees, as if they were the acts, defaults or negligence of the Supplier, his
agents or employees. The approval by the Public Body of the sub-contracting of any part of the
contract or of the Sub-Contractor to perform any part of the services shall not relieve the Supplier
of any of his obligations under the contract.
1.7 If the Supplier enters into a subcontract without approval, the Public Body may apply, as of right
without giving formal notice thereof, the sanctions for breach of contract provided for in GCC
Clauses 18 and 20.
1.8 If a Sub-Contractor is found by the Public Body to be incompetent in discharging its duties, the
Public Body may request the Supplier forthwith, either to provide a Sub-Contractor with
qualifications and experience acceptable to the Public Body as a replacement, or to resume the
implementation of the tasks itself.
Part 14 Modifications and Contract Amendments
1.1 The Public Body may at any time request the Supplier through notice in accordance GCC Clause
10, to make changes within the general scope of the Contract in any one or more of the following:
(a). Drawings, designs, or specifications, where Goods to be furnished under the Contract are to
be specifically manufactured for the Public Body;
(b). The method of shipment or packing;
(c). The place of delivery; and
(d). The Related Services to be provided by the Supplier.
1.2 If any such change causes increase or decrease in the time required for, the Supplier’s
performance of any provisions under the Contract, an equitable adjustment shall be made in the
Delivery/Completion Schedule, or both, and the Contract shall accordingly be amended. Any
claims by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28)
days from the date of the Supplier’s receipt of the Public Body's change order.
1.3 Prices to be charged by the Supplier for any Related Services that might be needed but which
were not included in the Contract shall be agreed upon in advance by the parties.
1.4 Any change to the terms of the Contract must be recorded in writing and executed by authorized
signatory of the Supplier and the Authorized Officer. Such record of the change in question must
address all consequential amendments required to be made to the Contract as a result of such
change.
1.5 Changes will take effect as from the date specified in the signed record of change and shall not
have retrospective effect unless expressly provided for in such record.
1.6 Each record of change must be dated and sequentially numbered. Each of the Public Body and the
Supplier will be entitled to an original executed counterpart of the record of variation.

1.7 Except as provided in any such record of variation, the Contract will continue in full force and
effect.
Part 15 Change in Laws and

Regulations
1.1 Unless otherwise expressly agreed in the SCC, if, after the deadline for submission of the Bid, any
law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated,
abrogated, or changed in the Federal Democratic Republic of Ethiopia where the Site is located
(which shall be deemed to include any change in interpretation or application by the competent
authorities) that subsequently affects the Delivery Date and/or the Contract Price, then such
Contract Price shall not be correspondingly increased or decreased and/or the Delivery Date shall
not be adjusted to the extent that Supplier has thereby been affected in the performance of any of
its obligations under the Contract.
Part 16 Taxes and Duties
1.1 For goods supplied from outside the Federal Democratic Republic of Ethiopia, the Supplier shall
bear the costs of all taxes, custom duties, formalities, license fees, and other such levies imposed
outside the Federal Democratic Republic of Ethiopia, unless otherwise specified in the SCC.
1.2 For goods supplied from within the Federal Democratic Republic of Ethiopia, the Supplier shall
be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the
contracted Goods to the Public Body, unless otherwise specified in the SCC.
Part 17 Force Majeure
1.1 For the purposes of the Contract, “Force Majeure” shall mean an event or events which are
beyond the reasonable control of a Supplier, and which makes a Supplier’s performance of its
obligations hereunder impossible or so impractical as reasonably to be considered impossible in
the circumstances, and includes:
(a). An official prohibition preventing the performance of a contract,
(b). A natural catastrophe such as an earthquake, fire, explosion lightening, floods, or other
adverse weather conditions, or
(c). International or civil war, or
(d). The death or a serious accident or unexpected serious illness of the supplier, or
(e). Other instances of Force Majeure identified as such by the civil code.
1.2 The following occurrences shall not be deemed to be cases of Force Majeure:
(a). A strike or lock-out taking of a party or affecting the branch of business in which he carries
out his activities, or
(b). An increase or reduction in the price of raw materials necessary for the performance of the
contract, or
(c). The enactment of new legislation where by the obligations of the debtor becomes more
onerous, or
(d). Any event which is caused by the negligence or intentional action of a Supplier or such
Supplier’s Subcontractors or agents or employees; or
(e). Any event which a diligent Party could reasonably have been expected to both:
(i) Take into account from the effective date of the Contract; and
(ii) Avoid or overcome in the carrying out of its obligations; or
(f). Insufficiency of funds or failure to make any payment required hereunder.
1.3 The failure of a Supplier to fulfill any of its obligations hereunder shall not be considered to be a
breach of, or default under, the Contract insofar as such inability arises from an event of Force
Majeure, provided that the Supplier affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures, all with the objective of carrying out
the terms and conditions of the Contract.
1.4 A Supplier affected by an event of Force Majeure shall take all reasonable measures to
(a). Remove such Supplier’s inability to fulfill its obligations hereunder with a minimum of
delay; and
(b). Minimize the consequences of any event of Force Majeure.
1.5 A Supplier affected by an event of Force Majeure shall notify the Public Body of such event as
soon as possible, and in any event not later than fourteen (14) days following the occurrence of
such event, providing evidence of the nature and cause of such event, and shall similarly give
notice of the restoration of normal conditions as soon as possible.
1.6 Not later than thirty (30) days after the Supplier, as the result of an event of Force Majeure, has
become unable to supply the Goods and Related Services, the Parties shall consult with each other
in good faith and use all reasonable endeavors to agree appropriate terms to mitigate the effects of
the Force Majeure Event and facilitate the continued performance of the Contract..
Part 18 Breach of Contract
1.1 Either party commits a breach of contract where it fails to discharge any of its obligations under
the specific contract.
1.2 Where a breach of contract occurs, the party injured by the breach shall be entitled to the
following remedies:
(a). Compensation / Claim for liquidated damages as specified in GCC Clause 25; and/or
(b). Termination of the contract.
1.3 In any case where the Public Body is entitled to damages, it may deduct such Suspension damages
from any sums due to the Supplier or call on the appropriate guarantee.
Part 19 Suspension of Assignment
1.1 The Public Body may, by written notice of suspension of the assignment to the Supplier, suspend
all payments to the Supplier hereunder if the Supplier fails to perform any of its obligations under
the Contract provided that such notice of suspension shall:
(a). Specify the nature of the failure; and
(b). Request the Supplier to remedy such failure within a period not exceeding thirty (30) days
after receipt by the Supplier of such notice of suspension.
Part 20 Termination
1.1 Termination shall be without prejudice to any other rights or powers under the contract of the
Public Body and the Supplier.
1.2 In addition to the grounds for termination defined in these General Conditions, the Public Body
may, by not less than thirty days written notice of termination to the Supplier stating the reason
for termination of the contract and the date on which such termination becomes effective. (except
in the event listed in paragraph (o) below, for which there shall be a written notice of not less than
sixty days), such notice to be given after the occurrence of any of the events specified in GCC
Sub-Clause 20.2 (a) to (p), terminate the Contract if:
(a). The supplier fails to deliver any or all of the Goods or Related Services within the period
specified in the Contract, or within any extension thereof granted by the Public Body
pursuant to GCC Clause 59 or if the Goods do not meet the technical specifications stated in
the Contract;
(b). The Supplier fails to remedy a failure in the performance of their obligations as specified in a
notice of suspension of assignment pursuant to GCC Clause 19 within thirty days of receipt
of such notice of suspension of assignment or within such period other agreed between the
Parties in writing;
(c). The Supplier becomes insolvent or bankrupt or enters into any agreements with its creditors
for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation
or receivership whether compulsory or voluntary, other than for a reconstruction or
amalgamation;
(d). The Supplier fails to comply with any final decision reached as a result of direct informal
negotiation pursuant to GCC Sub-Clause 24.2 hereof;
(e). The Supplier is unable as the result of Force Majeure, to perform a material portion of the
Services for a period of not less than sixty days;
(f). The Supplier assigns the contract or sub-contracts without the authorization of the Public
Body;
(g). The Supplier has been guilty of grave professional misconduct proven by any means which
the Public Body can justify;
(h). The Supplier has been declared to be in serious breach of contract financed by the Federal
Democratic Republic of Ethiopia's budget for failure to comply with its contractual
obligations.
(i). The Supplier has been engaged in corrupt or fraudulent practices in competing for or in
executing the Contract.
(j). Any organizational modification occurs involving a change in the legal personality, nature or
control of the Supplier, unless such modification is recorded in an addendum to the Contract;
(k). Any other legal disability hindering performance of the Contract occurs;
(l). The Supplier fails to provide the required guarantees or insurance, or the person providing the
underlying guarantee or insurance is not able to abide by its commitments.
(m). Where the procurement requirement of the Public Body changes for any apparent or obvious
reason;
(n). Where it emerges that the gap between the value of the Contract and the prevailing market
price is so wide that allowing the implementation of the contract to proceed places the Public
Body concerned at a disadvantage;
(o). The Public Body, in its sole discretion and for any reason whatsoever, decides to terminate
the Contract.
(p). The accumulated liquidated damage reached its maximum as stated in GCC Clause 25.1(b).
1.3 The Supplier may, by not less than thirty days written notice to the Public Body, of such notice to
be given after the occurrence of any of the events specified in GCC Sub-Clause 20.3 (a) to (d)
terminate the Contract if:
(a). The Public Body fails to pay any money due to the Supplier pursuant to the Contract and not
subject to dispute pursuant to GCC Clause 24, within forty-five days after receiving written
notice from the Supplier that such payment is overdue;
(b). The Public Body is in material breach of its obligations pursuant to the Contract and has not
remedied the same within forty-five days (or such longer period as the Supplier may have
subsequently approved in writing) following the receipt by the Public Body of the Supplier’s
notice specifying such breach;
(c). The Supplier is unable as the result of Force Majeure, to perform a material portion of the
Services for a period of not less than sixty days; or
(d). The Public Body fails to comply with any final decision reached as a result of settlement of
disputes pursuant to GCC Clause 24 hereof.
1.4 If either Party disputes whether an event specified GCC Sub-Clauses 20.2 (a) to (n) or GCC Sub-
Clause 20.3 has occurred, such Party may, within forty-five days after receipt of notice of
termination from the other Party, refer the matter to settlement of disputes pursuant to GCC
Clause 24 and the Contract shall not be terminated on account of such event except in accordance
with the terms of any resolution award.
1.5 In the event the Public Body terminates the Contract pursuant to the GCC Sub-Clause 20.2 (a) to
(n) the Public Body may procure, upon such terms and in such manner as it deems appropriate,
Goods or Related Services similar to those undelivered or not performed, and the Supplier shall be
liable to the Public Body for any additional costs for such similar Goods or Related Services.
However, the Supplier shall continue performance of the Contract to the extent not terminated.
1.6 If the Public Body terminates the Contract in the event specified in GCC Sub-Clause 20.2 (o) the
notice of termination shall specify that termination is for the Public Body's convenience, the
extent to which performance of the Supplier under the Contract is terminated, and the date upon
which such termination becomes effective.
1.7 If the Public Body terminates the Contract in the event specified in GCC Sub-Clause 20.2 (o) the
Goods that are complete and ready for shipment within twenty-eight (28) days after the Supplier’s
receipt of notice of termination shall be accepted by the Public Body at the Contract terms and
prices. For the remaining Goods, the Public Body may elect:
(i) To have any portion completed and delivered at the Contract terms and prices; and/or
(ii) To cancel the remainder and pay to the Supplier an agreed amount for partially
completed Goods and Related Services and for materials and parts previously procured
by the Supplier.
1.8 In the event the Public Body terminates the Contract pursuant to the GCC Sub-Clause 20.2 (c)
termination will be without compensation to the Supplier, provided that such termination will not
prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the
Public Body.
1.9 In the event of any termination by the Public Body under this Clause, for the avoidance of doubt,
the Supplier will not be restricted from making any claim in respect of the Contract Price to the
extent the Contract Price is outstanding and due and payable.
Part 21 Arrangements on Termination
1.1 The Public Body and the Supplier agree that termination or expiry of the Contract shall not affect
either Party's obligations which the Contract provides shall survive the expiration or termination
of the Contract.
1.2 After termination or expiry all data, documents and records (whether stored electronically or
otherwise) relating in whole or in part to the supplied Goods and Related Services shall be
delivered by the Supplier to the Public Body provided that the Supplier shall be entitled to keep
copies thereof to the extent that the information contained therein does not relate solely to the
Goods and Related Services or to the extent that the Supplier is required by law to maintain copies
thereof or to the extent that the Supplier was possessed of such data documents and records prior
to the date of the Contract. In addition, the Supplier shall co-operate fully with the Public Body
during the handover leading to the termination of the Contract. This co-operation shall extend to
full access to all documents, reports, summaries and any other information required to achieve an
effective transition without disruption to routine operational requirements.
Part 22 Cessation of Rights and Obligations
1.1 Upon termination of the Contract pursuant to GCC Clauses 20, or upon completion of the
Contract, all rights and obligations of the Parties hereunder shall cease, except
(a). Such rights and obligations as may have accrued on the date of termination or expiration;
(b). The Supplier’s obligation to permit inspection, copying and auditing of their accounts and
records set forth in GCC Clause 44; and
(c). Any right which a Party may have under the Governing Law
(d). The warranty right provided for under Clause 23.
Part 23 Warranty
1.1 The Supplier warrants that all the Goods are new, unused, and of the most recent or current
models, and that they incorporate all recent improvements in design and materials, unless
provided otherwise in the Contract.
1.2 Subject to GCC Sub-Clause 49.1, the Supplier further warrants that the Goods shall be free from
defects arising from any act or omission of the Supplier or arising from design, materials, and
workmanship, under normal use in the conditions prevailing in the country of final destination.
1.3 Unless otherwise specified in the SCC, the warranty shall remain valid for twelve (12) months
after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at
the final destination indicated in the GCC Clause 50.1.
1.4 The Public Body shall give notice to the Supplier stating the nature of any such defects together
with all available evidence thereof, promptly following the discovery thereof. The Public Body
shall afford all reasonable opportunity for the Supplier to inspect such defects.
1.5 Upon receipt of such notice, the Supplier shall, within the period specified in the SCC,
expeditiously repair or replace the defective Goods or parts thereof, at no cost to the Public Body.
1.6 The Supplier shall be responsible for all necessary transportation charges required to ship
defective commodities to the manufacturer and then return them to the Public Body.
1.7 If having been notified, the Supplier fails to remedy the defect within the period specified in the
SCC Clause 23.5, the Public Body may proceed to take within a reasonable period such remedial
action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other
rights which the Public Body may have against the Supplier under the Contract.
Part 24 Settlement of Disputes
1.1 During any dispute, including a dispute as to the validity of the Contract, it is mutually agreed that
the Supplier shall continue its performance of the provisions of the Contract (unless the Public
Body requests in writing that the Supplier does not do so).
1.2 The Public Body and the Supplier shall make every effort to resolve amicably by direct informal
negotiation any disagreement, controversy or dispute arising between them under or in connection
with the Contract or interpretation thereof.
1.3 If a dispute arises between the Public Body and the Supplier in relation to any matter which
cannot be resolved by the Authorized Officer and the Supplier Contract Manager either of them
may refer such dispute to the procedure described in ITB Sub-Clause 24.4.
1.4 In the second instance each of the Public Body and the Supplier shall appoint more senior
representatives than those referred to in Sub-Clause 24.3 to meet solely in order to resolve the
matter in dispute. Such meeting(s) shall be minuted and shall be chaired by the Public Body (but
the chairman shall not have a casting vote). Such meeting(s) shall be conducted in such manner
and at such venue (including a meeting conducted over the telephone) as to promote a consensual
resolution of the dispute in question at the discretion of the chairman.
1.5 If the Parties fail to resolve such a dispute or difference amicably within twenty-eight (28) days
from the commencement of such procedure, either party may require that the dispute be referred
for resolution through the courts in accordance with Ethiopian Law.
1.6 Only those Contracting Authorities that are allowed by law to proceed to arbitration can do so.
Part 25 Liquidated Damages
1.1 Except as provided under GCC Clause 17, if the Supplier fails to deliver any or all of the Goods
or perform the Related Services within the period specified in the Contract, the Public Body may
without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as
liquidated damages the following:
(a). A penalty of 0.1% or 1/1000 of the value of undelivered item for each day of delay until
actual delivery or performance,
(b). The cumulative penalty to be paid by the supplier shall not exceed 10% of the contract price.
1.2 If the delay in performing the contract affects its activities, the Public Body may terminate the
contract by giving advance notice to the Supplier pursuant to GCC Clause 20 without any
obligation to wait until the penalty reaches 10% of the value of the Contract.
Part 26 Confidentiality
1.1 The Public Body and the Supplier shall keep confidential and shall not disclose to any third party
any documents, data, or other information furnished directly or indirectly by the other party hereto
in connection with the Contract, whether such information has been furnished prior to, during or
following completion or termination of the Contract if their disclosure would be contrary to law,
would impede law enforcement, would not be in public interest, would prejudice legitimate
commercial interest of the parties or would inhibit fair competition.. Notwithstanding the above,
the Supplier may furnish to its Subcontractor such documents, data, and other information it
receives from the Public Body to the extent required for the Subcontractor to perform its work
under the Contract, in which event the Supplier shall obtain from such Subcontractor an
undertaking of confidentiality similar to that imposed on the Supplier under this Clause.
1.2 The Public Body shall not use such documents, data, and other information received from the
Supplier for any purposes unrelated to the Contract. Similarly, the Supplier shall not use such
documents, data, and other information received from the Public Body for any purpose other than
supply of the Goods and Related Services required for the performance of the Contract.
1.3 The obligation of a party under this Clause, however, shall not apply to any Confidential
Information that:
(a). The Public Body or Supplier need to share with any other institutions participating in the
financing of the Contract;
(b). Now or hereafter enters the public domain other than by breach of the Contract or other act or
omissions of that Party;
(c). Is obtained by a third party who is lawfully authorized to disclose such information;
(d). Can be proven to have been possessed by that party at the time of disclosure and which was
not previously obtained, directly or indirectly, from the other party; or
(e). Is authorized for release by the prior written consent of the other party.
1.4 The Parties shall not be prevented from using any general knowledge, experience or skills which
were in their possession prior to the commencement of the Contract;
1.5 The Supplier authorizes the Public Body to disclose the Confidential Information to such
person(s) as may be notified to the Supplier in writing by the Public Body from time to time to the
extent only as is necessary for the purposes of auditing and collating information so as to ascertain
a realistic market price for the goods supplied in accordance with the Contract, such exercise
being commonly referred to as "benchmarking". The Public Body shall use all reasonable
endeavors to ensure that such person(s) keeps the Confidential Information confidential and does
not make use of the Confidential Information except for the purpose for which the disclosure is
made. The Public Body shall not without good reason claim that the lowest price available in the
market is the realistic market price.
1.6 The Supplier agrees that:
(a). Subject to Sub-Clause 26.6 (b), the decision on whether any exemption applies to a request
for disclosure of recorded information is a decision solely for the Public Body;
(b). Where the Public Body is managing a request as referred to in Sub-Clause 26.6 (a), the
Supplier shall co-operate with the Public Body making the request and shall respond within
five (5) working days of any request by it for assistance in determining how to respond to a
request for disclosure.
1.7 The Supplier shall and shall procure that its Subcontractors shall provide the Public Body with a
copy of all information in its possession or power in the form that the Public Body requires within
five (5) working days (or such other period as the Public Body may specify) of the Public Body
requesting that Information.
1.8 The Public Body may consult the Supplier in relation to any request for disclosure of the
Supplier's Confidential Information in accordance with all applicable guidance.
1.9 The above provisions of this Clause shall not in any way modify any undertaking of
confidentiality given by either of the parties hereto prior to the date of the Contract.
1.10 This Clause 26 shall remain in force without limit in time in respect of Confidential Information
which comprises Personal Data. Except as aforesaid and unless otherwise expressly set out in the
Contract, this Clause 26 shall remain in force for a period of 3 years after the termination or
expiry of this Contract.
1.11 In the event that the Supplier fails to comply with this Clause 26, the Public Body reserves the
right to terminate the Contract by notice in writing with immediate effect.
Part 27 Copyright
1.1 The copyright in all drawings, documents, and other materials containing data and information
furnished to the Public Body by the Supplier herein shall remain vested in the Supplier, or, if they
are furnished to the Public Body directly or through the Supplier by any third party, including
suppliers of materials, the copyright in such materials shall remain vested in such third party.
Part 28 Miscellaneous
1.1 Any decision, act or thing that the Public Body is required or authorized to take or do under the
Contract may be taken or done by any person authorized, either generally or specifically, by the
Public Body to take or do that decision, act or thing, provided that upon receipt of a written
request the Public Body shall inform the Supplier of the name of any person so authorized.
1.2 The Supplier may from time to time upon the request of the Public Body, execute any additional
documents and do any other acts or things which may reasonably be required to implement the
provisions of the Contract.
1.3 Any provision of the Contract which is held to be invalid or unenforceable in any jurisdiction
shall be ineffective to the extent of such invalidity or unenforceability without invalidating or
rendering unenforceable the remaining provisions hereof and any such invalidity or
unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in
any other jurisdiction.
1.4 The failure by the Public Body and Supplier to insist upon the strict performance of any provision,
term or condition of the Contract or to exercise any right or remedy consequent upon the breach
thereof shall not constitute a waiver of any such breach or any subsequent breach of such
provision, term or condition.
1.5 Each Party shall bear its own expenses in relation to the preparation, execution and
implementation of the Contract including all costs legal fees and other expenses so incurred.
1.6 The Supplier warrants represents and undertakes to the Public Body that there are no pending or
threatened actions or proceedings before any court or administrative agency which would
materially adversely affect the financial condition, business or operations of the Supplier and that
there are no material contracts existing to which the Supplier is a party which prevent it from
entering into the Contract; and that the Supplier has satisfied itself as to the nature and extent of
the risks assumed by it under the Contract and gathered all information necessary to perform its
obligations under the Contract and all other obligations assumed by it.
1.7 The rights and remedies provided in the Contract are cumulative and not exclusive of any rights or
remedies provided by any other contract or document. In this provision "right" includes any
power, privilege, remedy, or proprietary or security interest.
C. Obligations of the Public Body
Part 29 Provision of Assistance
1.1 Unless otherwise indicated in SCC, whenever the supply of Goods and Related Services requires
that the Supplier obtain permits, approvals, and import and other licenses from local public
authorities, the Public Body shall, if so required by the Supplier, make its best effort to assist the
Supplier in complying with such requirements in a timely and expeditious manner.
1.2 The Public Body shall pay all costs involved in the performance of its responsibilities, in
accordance with GCC Sub-Clause 29.1.
D. Payment
Part 30 Contract Price
1.1 Prices charged by the Supplier for the Goods delivered and the Related Services performed under
the Contract shall not vary from the prices quoted by the Supplier in its bid.
1.2 The Contract Price shall be net i.e. after the deduction of all agreed discounts. In the absence of
written agreement by the Parties to the contrary, the Contract Price shall include the cost of
packaging, packing materials, addressing, labeling, loading and delivery to the Location, and all
appropriate tax and duty.
1.3 Except as provided in GCC Sub-Clause 15.1, the Contract price may only be increased above
amounts stated in GCC Sub-Clause 30.1 if the Parties have agreed to additional payments in
accordance with GCC Clause 14.
Part 31 Price Adjustments
1.1 Contracts Prices shall be fixed throughout the Supplier's performance of the Contract and not
subject to adjustment on any account.
1.2 This provision remains in effect for the duration of the contract once it becomes effective.
1.3 Any discount offered by the Supplier under this Contract cannot be reduced during the Term of
this Contract without the agreement in writing of the Public Body.
Part 32 Mode of Billing and Terms of Payment
1.1 In consideration of the Supplier's due and proper performance of its obligations under the
Contract, the Supplier may charge the Public Body the Contract Price in accordance with this
Clause.
1.2 The Supplier’s request for payment shall be made to the Public Body in writing, accompanied by
an invoice. Invoices shall not be rendered by the Supplier until completion of delivery of all of the
Goods which are the subject of the Purchase Order unless otherwise agreed in writing. Where the
Parties agree delivery by installments, the Supplier may render an invoice for each delivered
installment.
1.3 An invoice is correctly rendered if:
(a). The invoice is addressed to the Public Body's officer specified in the Purchase Order to
receive invoices and identifies the number of relevant Purchase Order and Contract;
(b). The invoice includes date of issuance and its serial number;
(c). The amount claimed in the invoice is due for payment;
(d). The amount specified in the invoice is correctly calculated in accordance with the Contract;
(e). The invoice is set out in a manner that enables the Public Body to ascertain which Goods or
Service the invoice covers (description, quantity, and unit of measure) and the respective
Price, or Charge payable in respect of that Goods or Service;
(f). The invoice is accompanied by the relevant Certificate of Acceptance signed by the Public
Body's official representative certifying that the amount specified in the invoice is in
accordance with the Contract and delivered Goods or Services meet all Purchase Order and
acceptance criteria requirements;
(g). The invoice includes the name and address of Supplier to whom payment is to be sent;
(h). The invoice includes the name, title, and phone number of person to notify in the event of
defective invoice;
(i). The invoice includes Supplier's bank account information, and
(j). The invoice is, where appropriate, certified as sales tax exempt.
Failure to provide such information will entitle the Public Body to delay payment of the
Contract Price until such information is provided.
1.4 The Public Body shall pay the Contract Price to the Supplier, within the period specified in the
SCC and upon receipt of the Goods and valid invoice (rendered in accordance with Sub-Clause
32.3.
1.5 All payment to the Supplier under this Contract shall be made in currency specified in the SCC.
1.6 The invoice provided to the Public Body by the Supplier in accordance with this Clause shall
show appropriate taxes separately.
1.7 The Public Body shall not be responsible for the payment of any charges for Goods supplied in
excess of the Goods required by the Purchase Order or any variation of it unless authorized in
writing by a further Purchase Order.
1.8 No payment of or on account of the Contract Price shall constitute any admission by the Public
Body as to proper performance by the Supplier of its obligations.

1.9 If the Supplier requests an advance payment the advance may be paid by the Public Body in an
amount not exceeding 30% of the total contract price.
1.10 As a prerequisite for such advance payment supplier shall submit advance payment security in an
amount equal to the advance payment it receives in the form of a certified cheque or unconditional
bank guarantee at its option from a reputable bank, together with its request for advance payment
as per the contract.
1.11 Should the advance payment security cease to be valid and the Supplier fails to re-validate it, a
deduction equal to the amount of the advance payment may be made by the Public Body from
future payments due to the Supplier under the Contract.
1.12 If a Contract is terminated for any reason, the guarantee securing the advance payment may be
invoked in order to recover the balance of the advance payment still owed by the Supplier.
Part 33 Forms
1.1 Unless otherwise agreed in writing by the Public Body and the Supplier:
(a). a delivery note shall accompany each delivery of the Goods;
(b). an invoice shall be rendered on the Supplier’s own invoice form;
(c). all delivery notes and invoices shall be clearly marked with the Public Body's purchase order
number, the name and address of the Public Body and the description and quantity of the
Goods, and shall show separately any additional charge for containers and/or any other item
not included in the Contract Price or, where no charge is made, whether the containers are
required to be returned.
1.2 Sub-Clause 33.1 shall be compatible in all respects with the Contract.
1.3 With the prior written agreement of the Parties, the arrangements set out in Sub-Clause 33.1 may
be suspended in favor of alternative arrangements (including new logistics processes).
E. Obligations of the Supplier
Part 34 Supplier’s Responsibilities
1.1 The Supplier shall supply all the Goods and Related Services included in the Scope of Supply in
accordance with GCC Clause 49, and the Delivery and Completion Schedule, as per GCC Clause
51.
Part 35 Joint Venture, Consortium or Association
1.1 If the Supplier is a joint venture, consortium, or association, all of the parties shall be jointly and
severally liable to the Public Body for the fulfilment of the provisions of the Contract and shall
designate one party to act as a leader with authority to bind the joint venture, consortium, or
association. The composition or the constitution of the joint venture, consortium, or association
shall not be altered without the prior consent of the Public Body.
Part 36 Eligibility
1.1 All Goods and Services supplied under the Contract shall have their origin in an eligible country
pursuant to Section 5.
1.2 For purposes of this Clause, “origin” means the place where the Goods were mined, grown, or
produced, or from which the Services are supplied. Goods are produced when, through
manufacturing, processing, or substantial and major assembly of components, a commercially
recognized new product results that is substantially different in basic characteristics or in purpose
or utility from its components.
1.3 The origin of Goods and Services is distinct from the nationality of the Supplier.
Part 37 Code of Conduct
1.1 The Supplier shall, at all times, act loyally and impartially and as a faithful adviser to the Public
Body in accordance with the rules and/or code of conduct of its profession as well as with
appropriate discretion. The Supplier shall, in particular, at all times refrain from making any
public statements concerning the Goods and Related Services without the prior approval of the
Public Body, and from engaging in any activity which conflicts with its obligations towards the
Public Body under the contract. It shall not commit the Public Body without its prior written
consent, and shall, where appropriate, make this obligation clear to third parties.
1.2 If the Supplier or any of its Subcontractors, personnel, agents or servants offers to give or agrees
to offer or to give or gives to any person, any bribe, gift, gratuity or commission as an inducement
or reward for doing or forbearing to do any act in relation to the contract or any other contract
with the Public Body, or for showing favor or disfavor to any person in relation to the contract or
any other contract with the Public Body, then the Public Body may terminate the contract, without
prejudice to any accrued rights of the Supplier under the contract.
1.3 The payments to the Supplier under the contract shall constitute the only income or benefit it may
derive in connection with the contract and neither it nor its personnel shall accept any
commission, discount, allowance, indirect payment or other consideration in connection with, or
in relation to, or in discharge of, its obligations under the contract.
1.4 The Supplier shall not have the benefit, whether directly or indirectly, of any royalty, gratuity or
commission in respect of any patented or protected article or process used in or for the purposes of
the contract or the project, without the prior written approval of the Public Body.
1.5 The Supplier and its staff shall maintain professional secrecy, for the duration of the contract and
after completion thereof. In this connection, except with the prior written consent of the Public
Body, neither the Supplier nor the personnel employed or engaged by it shall at any time
communicate to any person or entity any confidential information disclosed to them or discovered
by them, or make public any information as to the recommendations formulated in the course of
or as a result of the services. Furthermore, they shall not make any use prejudicial to the Public
Body, of information supplied to them and of the results of studies, tests and research carried out
in the course and for the purpose of performing the contract.
1.6 The execution of the contract shall not give rise to unusual commercial expenses. If such unusual
commercial expenses emerge, the contract will be terminated. Unusual commercial expenses are
commissions not mentioned in the contract or not stemming from a properly concluded contract
referring to the contract, commissions not paid in return for any actual and legitimate service,
commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified
or commission paid to a company which has every appearance of being a front company.
1.7 The Supplier shall supply to the Public Body on request supporting evidence regarding the
conditions in which the contract is being executed. The Public Body may carry out whatever
documentary or on-the spot checks it deems necessary to find evidence in case of suspected
unusual commercial expenses.
Part 38 Conflict of Interests
1.1 The Supplier shall take all necessary measures to prevent or end any situation that could
compromise the impartial and objective performance of the Contract. Such conflict of interests
could arise in particular as a result of economic interest, family or emotional ties, or any other
relevant connection or shared interest. Any conflict of interests, which could arise during
performance of the Contract, must be notified in writing to the Public Body without delay.
1.2 The Public Body reserves the right to verify that such measures are adequate and may require
additional measures to be taken if necessary. The Supplier shall ensure that its staff, including its
management, is not placed in a situation, which could give rise to conflict of interests. Without
prejudice to Clause 24, the Supplier shall replace, immediately and without compensation from
the Public Body, any member of its staff exposed to such a situation.
1.3 The Supplier shall refrain from any contact, which would compromise its independence or that of
its personnel. If the Supplier fails to maintain such independence, the Public Body may, without
prejudice to compensation for any damage, which it may have suffered on this account, terminate
the contract forthwith, without giving formal notice thereof.
1.4 The Supplier shall, after the conclusion or termination of the contract, limit its role in connection
to the provision of the Goods and Related Services. Except with the written permission of the
Public Body, the Supplier and any other supplier with whom the Supplier is associated or
affiliated shall be disqualified from the execution of works, goods or other services for the Public
Body in any capacity.
Part 39 Patent Indemnity
1.1 The Supplier shall, subject to the Public Body's compliance with GCC Sub-Clause 39.2,
indemnify and hold harmless the Public Body and its employees and officers from and against any
and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and
expenses of any nature, including attorney’s fees and expenses, which the Public Body may suffer
as a result of any infringement or alleged infringement of any patent, utility model, registered
design, trademark, copyright, or other intellectual property right registered or otherwise existing at
the date of the Contract by reason of:
(a). The use of the Goods in the Federal democratic Republic of Ethiopia; and
(b). The sale in any country of the Goods manufactured by the Supplier.
Such indemnity shall not cover any use of the Goods or any part thereof other than for the purpose
indicated by or to be reasonably inferred from the Contract, neither any infringement resulting
from the use of the Goods or any part thereof, or any products produced thereby in association or
combination with any other equipment, plant, or materials not supplied by the Supplier, pursuant
to the Contract.
1.2 If any proceedings are brought or any claim is made against the Public Body arising out of the
matters referred to in GCC Sub-Clause 39.1, the Public Body shall promptly give the Supplier a
notice thereof, and the Supplier may at its own expense and in the Public Body's name conduct
such proceedings or claim and any negotiations for the settlement of any such proceedings or
claim.
1.3 If the Supplier fails to notify the Public Body within twenty-eight (28) days after receipt of such
notice that it intends to conduct any such proceedings or claim, then the Public Body shall be free
to conduct the same on its own behalf.
1.4 The Public Body shall, at the Supplier’s request, afford all available assistance to the Supplier in
conducting such proceedings or claim, and shall be reimbursed by the Supplier for all reasonable
expenses incurred in so doing.
1.5 The Public Body shall indemnify and hold harmless the Supplier and its employees, officers, and
Subcontractors from and against any and all suits, actions or administrative proceedings, claims,
demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and
expenses, which the Supplier may suffer as a result of any infringement or alleged infringement of
any patent, utility model, registered design, trademark, copyright, or other intellectual property
right registered or otherwise existing at the date of the Contract arising out of or in connection
with any design, data, drawing, specification, or other documents or materials provided or
designed by or on behalf of the Public Body.
Part 40 Limitation of Liability
1.1 Except in cases of criminal negligence or wilful misconduct,

(a). The Supplier shall not be liable to the Public Body, whether in contract, tort, or otherwise, for
any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits
or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier
to pay liquidated damages to the Public Body and
(b). The aggregate liability of the Supplier to the Public Body, whether under the Contract, in tort
or otherwise, shall not exceed the total Contract Price as stated in the SCC, provided that this
limitation shall not apply to the cost of repairing or replacing defective equipment, or to any
obligation of the supplier to indemnify the Public Body with respect to patent infringement.
Part 41 Intellectual Property
1.1 Subject to Clause 40, the Supplier agrees to indemnify and keep indemnified the Public Body
against any costs, claims, proceedings, expenses and demands arising from the use, application,
supply or delivery of any process, article, matter or thing supplied under the Contract that would
constitute or is alleged to constitute any infringement of any person's Intellectual Property Rights.
Part 42 Insurance
1.1 Unless otherwise specified in the SCC, the Goods supplied under the Contract shall be fully
insured, in a freely convertible currency, against loss or damage incidental to manufacture or
acquisition, transportation, storage, and delivery, in accordance with the applicable Incoterms.
Part 43 Product Information
1.1 The Supplier shall provide the Public Body the Product Information in such manner and upon
such media as agreed between the Supplier and the Public Body from time to time for the sole use
by the Public Body.
1.2 The Supplier warrants that the Product Information is complete and accurate as at the date upon
which it is delivered to the Public Body and that the Product Information does not contain any
data or statement which gives rise to any liability on the part of the Public Body following
publication of the same in accordance with this Clause.
1.3 In the event the Product Information ceases to be complete and accurate, the Supplier shall
promptly notify the Public Body in writing of any modification or addition to or any inaccuracy or
omission in the Product Information.
1.4 The Supplier grants the Public Body a non-exclusive royalty free license in perpetuity to use and
exploit the Product Information and any Intellectual Property therein for the purpose of illustrating
the range of goods and services (including, without limitation, the Goods) available pursuant to
the Public Body contracts from time to time. No right to illustrate or advertise the Product
Information is granted to the Supplier by the Public Body as a consequence of the license
conferred by this Sub-Clause or otherwise under the terms of this Contract.
1.5 The Public Body may reproduce for its sole use the Product Information provided by the Supplier
in the Public Body's catalogue from time to time which shall be made available on the Federal
Government of Ethiopia internal communications network in electronic format or made available
on the Public Body's external website or any other electronic media of the Public Body from time
to time.
1.6 Before any publication of the Product Information (electronic or otherwise) is made by the Public
Body, the Public Body will submit a copy of the relevant sections of the Public Body's catalogue
to the Supplier for approval, such approval not to be unreasonably withheld or delayed. For the
avoidance of doubt the Supplier shall have no right to compel the Public Body to exhibit the
Product Information in any service catalogue as a result of the approval given by it pursuant to
this Sub-Clause or otherwise under the terms of this Contract.
1.7 Subject to Clauses 40 and 43.8, the Supplier agrees to indemnify and keep indemnified the Public
Body against any liability, loss, costs, expenses, claims or proceedings whatsoever arising out of
or in connection with any statement relating to the goods and services (including, without
limitation, the Goods) or information or material on or description of the goods and services
(including, without limitation, the Goods) provided by or on behalf of the Supplier which is
included in the Public Body's catalogue or any associated material produced by the Public Body
for the purpose of illustrating the range of goods and services (including, without limitation, the
Goods) available pursuant to the Public Body contracts from time to time.
1.8 The Supplier shall not be required to indemnify or keep indemnified the Public Body against any
liability, loss, costs, expenses, claims or proceedings whatsoever arising under Sub-Clause 43.7 as
a result of the Public Body's willful or negligent misrepresentation of any statement relating to the
goods and services (including, without limitation, the Goods) or information or material on or
description of the goods and services (including, without limitation, the Services) provided by or
on behalf of the Supplier which is included in the Public Body's catalogue from time to time or
any associated material produced by the Public Body for the purpose of illustrating the range of
goods and services (including, without limitation, the Goods) available pursuant to the Public
Body contracts from time to time.
Part 44 Accounting, Inspection and Auditing
1.1 The Supplier shall keep accurate and systematic accounts and records in respect of the Goods and
Related Services hereunder, in accordance with internationally accepted accounting principles and
in such form and detail as will clearly identify all relevant time charges and costs.
1.2 For the purpose of the examination and certification of the Public Body's accounts; or any
examination of the economy, efficiency and effectiveness with which the Public Body has used its
resources, the Federal Auditor General and the Public Procurement and Property Administration
Agency or its auditors may examine such documents as he may reasonably require which are
owned, held or otherwise within the control of the Supplier and may require the Supplier to
produce such oral or written explanation as he considers necessary. The Supplier acknowledges
that it will fully cooperate with any counter fraud policy or investigation carried out by authorized
body at any time.
Part 45 Data Protection
1.1 The Supplier shall comply with all applicable data protection legislation. In particular the Supplier
agrees:
(a). To maintain appropriate technical and organizational security measures;
(b). To only process Personal Data for and on behalf of the Public Body, in accordance with the
instructions of the Public Body and for the purpose of performing its obligations under the
Contract;
(c). To allow the Public Body to audit the Supplier's compliance with the requirements of this
Clause on reasonable notice and/or to provide the Public Body with evidence of its
compliance with the obligations set out in this Clause.
1.2 The Supplier agrees to indemnify and keep indemnified the Public Body against all claims and
proceedings and all liability, loss, costs and expenses incurred in connection therewith by the
Public Body as a result of any claim made or brought by any individual or other legal person in
respect of any loss, damage or distress caused to that individual or other legal person as a result of
the Supplier's unauthorized processing, unlawful processing, destruction of and/or damage to any
Personal Data processed by the Supplier, its employees or agents in the Supplier's performance of
the Contract or as otherwise agreed between the Parties.
Part 46 Review
1.1 The Supplier shall attend formal review meetings (each such meeting being a "Review"), as
required by the Authorized Officer, to discuss the Public Body's levels of satisfaction in respect of
the Goods and Related Services supplied under the Contract and to agree any necessary action to
address areas of dissatisfaction. The Supplier will not obstruct or withhold its agreement to any
such necessary action. Such Reviews shall be attended by duly authorized and sufficiently senior
employees of both the Public Body and the Supplier together with any other relevant attendees.
The Parties shall agree a standing agenda for such Reviews.
Part 47 Performance Security
1.1 The Supplier shall, within fifteen (15) days from signing the contract, provide a Performance
Security for the due performance of the Contract in the amount specified in the SCC.
1.2 The proceeds of the Performance Security shall be payable to the Public Body as compensation
for any loss resulting from the Supplier’s failure to complete its obligations under the Contract.
1.3 The Performance Security shall be denominated in currency specified in the SCC, and shall be in
the form of cash, cheque certified by a reputable bank, letter of credit, or Bank Guarantee in the
format specified in the SCC.
1.4 The Performance Security shall be discharged by the Public Body and returned to the Supplier not
later than twenty-eight (28) days following the date of completion of the Supplier’s performance
obligations under the Contract, including any warranty obligations, unless specified otherwise in
the SCC.
1.5 Notwithstanding the provision of Sub-Clause 47.2 above, the Performance Security may be
returned to the Supplier where the Procurement Endorsing Committee ascertains that the
noncompliance of the Supplier does not affect the interest of, or entail additional cost on the
Public Body and is not due to the fault of the Supplier.
1.6 The Public Body shall be required to submit any document in its possession in relation to a
procurement in which it authorizes the return of the Performance Security to the Supplier and
account for its action under the preceding Sub-Clause 47.5 of this GCC to the Public Procurement
and Property Administration Agency or other competent body if and when required to do so.
F. Performance of the Contract
Part 48 Scope of Supply
1.1 Subject to the SCC, the Goods and Related Services to be supplied shall be as specified in the
Section 6, Statement of Requirements.
1.2 Unless otherwise stipulated in the Contract, the Supply shall include all such items not specifically
mentioned in the Contract but that can be reasonably inferred from the Contract as being required
for attaining Delivery and Completion of the Goods and Related Services as if such items were
expressly mentioned in the Contract.
Part 49 Specifications and Standards
1.1 Technical Specifications and Drawings

(a). The Supplier shall ensure that the Goods and Related Services comply with technical
specifications and other provisions of the Contract.
(b). The Supplier shall be entitled to disclaim responsibility for any design, data, drawing,
specification or other document, or any modification thereof provided or designed by or on
behalf of the Public Body, by giving a notice of such disclaimer to the Public Body.
(c). The Goods and Related Services supplied under this Contract shall conform to the standards
mentioned in the Statement of Requirements and, when no applicable standard is mentioned,
the standard shall be equivalent or superior to the official standards whose application is
appropriate to the goods’ country of origin.
1.2 Wherever references are made in the Contract to codes and standards in accordance with which it
shall be executed, the edition or the revised version of such codes and standards shall be those
specified in the Statement of Requirements. During Contract execution, any changes in any such
codes and standards shall be applied only after approval by the Public Body and shall be treated in
accordance with GCC Clause 14.
Part 50 Delivery
1.1 The Supplier shall deliver the Goods to the Location and in accordance with any delivery
instructions in the SCC, Purchase Order or as agreed by the Parties in writing.
1.2 Delivery shall be completed when the Goods have been unloaded at the Location and such
delivery has been accepted by a duly authorized agent, employee or Location representative of the
Public Body. The Public Body shall procure that such duly authorized agent, employee or
Location representative of the Public Body is at the delivery location in order to accept such
delivery.
1.3 In the event that the Public Body require next day or short notice deliveries which are not
provided for in the SCC Clause 50.1, the Supplier may pass on any additional costs relating to the
delivery of the Goods to the Public Body placing the Purchase Order.
1.4 Early or partial deliveries require the explicit written consent of the Public Body, which consent
shall not be unreasonably withheld.
1.5 Unless otherwise stated in SCC, the Supplier is responsible for obtaining all export and import
licenses for the Goods and shall be responsible for any delays due to such licenses not being
available when required.
1.6 In the case of any Goods supplied from outside the Federal Democratic Republic of Ethiopia, the
Supplier shall ensure that accurate information is provided to the Public Body as to the country of
origin of the Goods and shall be liable to the Public Body for any additional duties or taxes for
which the Public Body may be accountable should the country of origin prove to be different from
that advised by the Supplier.
1.7 Where the Public Body agrees in writing to accept delivery by installments the Contract will be
construed as a single contract in respect of each installment. Failure by the Supplier to deliver any
one installment may allow the Public Body at its option to treat the whole Contract as repudiated
depending upon the circumstances of the non-delivery, such option not to be unreasonably
invoked.
1.8 Any arrangement to deliver the Goods where carriage is to be charged separately or any
arrangement by which the Goods are collected by the Public Body in return for a discount on the
Contract Price shall be recorded in writing and signed by a duly authorized signatory on behalf of
the Public Body. Where due to an emergency such arrangements cannot be committed to writing
and signed off as aforesaid the Parties shall confirm such arrangements in writing as soon as
possible thereafter.
1.9 The details of shipping and other documents to be furnished by the Supplier are specified in the
SCC.
Part 51 Packing, Marking, and Documents
1.1 The Supplier shall provide such packing of the goods as is required to prevent their damage or
deterioration during shipment to their final destination, as indicated in the Contract. During
shipment, the packing shall be sufficient to withstand, without limitation, rough handling and
exposure to extreme temperatures, salt and precipitation, and open storage. Packing case size and
weights shall take into consideration, where appropriate, the remoteness of the goods’ final
destination and the absence of heavy handling facilities at all points in transit.
1.2 Unless otherwise specified in SCC, the following details shall be shown on the outside of every
package:
(a). A description of the Goods which shall include, without limitation, the weight of the Goods
where available and the Public Body's Purchase Order number;
(b). The quantity in the package where available;
(c). Any special directions for storage;
(d). The expiry date of the contents where available;
(e). The batch number; and
(f). The name of the manufacturer of the Goods and the Supplier.
Part 52 Identification of Goods
1.1 All Goods that customarily bear any mark, tab, brand, label or other device indicating place of
origin, inspection by any government or other body or standard of quality must be delivered with
all the said marks, tabs, brands, labels, serial numbers or other devices intact.
Part 53 Containers and Pallets
1.1 The Supplier shall collect without charge any returnable containers (including pallets) within 21
days of the date of the relevant delivery note unless otherwise instructed by the Public Body.
Empty containers not so removed may be returned by the Public Body at the Supplier’s expense
or otherwise disposed of at the Public Body's discretion. The Supplier shall credit in full any
charged containers upon collection or return.
Part 54 Property and Risk
1.1 Notwithstanding delivery, ownership of the Goods shall not have passed from the Supplier until
the full Contract Price of such Goods has been paid.
1.2 All tools, equipment and materials of the Supplier required in the performance of the Supplier's
obligations under the Contract shall be and remain at the sole risk of the Supplier whether or not
they are situated at the Location.
Part 55 Tools etc.
1.1 Any tools, patterns, materials, drawings, specifications and/or other data provided by the Public
Body to the Supplier in connection with the Purchase Order will at all times be at the Supplier's
risk and remain the property of the Public Body and shall be delivered up to the Public Body
immediately on request and are to be used by the Supplier solely for the purpose of completing the
Purchase Order.
1.2 Any tools which the Supplier may construct or acquire specifically in connection with the Goods
will remain the property of the Supplier unless it is agreed in writing that the property of the tools
will be transferred to the Public Body upon payment by the Public Body of a charge.
Part 56 Quality
1.1 The Goods shall be new, and shall be supplied strictly in accordance with the Specification and/or
any sample previously provided to the Public Body and, unless otherwise agreed in writing, shall
conform to all relevant standards, specifications and conditions and all work performed by the
Supplier shall be in accordance with best practice. For the avoidance of doubt, the Supplier
warrants that the Goods a re not scrap goods.
1.2 The Supplier warrants its expertise and confirms the accuracy of all statements and
representations made in respect of the Goods prior to and subsequent to, the Purchase Order.
1.3 The Supplier agrees to assign to the Public Body upon request the benefit of any warranty,
guarantee or similar right which it has against any third party manufacturer or supplier of the
Goods or any part thereof.
Part 57 Inspections and Tests
1.1 The Supplier shall carry out at its own expense and at no cost to the Public Body all such tests
and/or inspections of the Goods and Related Services as are specified in the Statement of
Requirements.
1.2 The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor,
at point of delivery, and/or at the Goods’ final destination, or in another place in the Federal
Democratic Republic of Ethiopia as specified in the SCC. Subject to GCC Sub-Clause 57.3, if
conducted on the premises of the Supplier or its Subcontractor, all reasonable facilities and
assistance, including access to drawings and production data, shall be furnished to the inspectors
at no charge to the Public Body.
1.3 The Public Body or its designated representative shall be entitled to attend the tests and/or
inspections referred to in GCC Sub-Clause 57.2, provided that the Public Body bear all of its own
costs and expenses incurred in connection with such attendance including, but not limited to, all
travelling and board and lodging expenses.
1.4 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable
advance notice, including the place and time, to the Public Body. The Supplier shall obtain from
any relevant third party or manufacturer any necessary permission or consent to enable the Public
Body or its designated representative to attend the test and/or inspection.
1.5 The Public Body may require the Supplier to carry out any test and/or inspection not required by
the Contract but deemed necessary to verify that the characteristics and performance of the Goods
comply with the technical specifications codes and standards under the Contract, provided that the
Supplier’s reasonable costs and expenses incurred in the carrying out of such test and/or
inspection shall be added to the Contract Price. Further, if such test and/or inspection impede the
progress of manufacturing and/or the Supplier’s performance of its other obligations under the
Contract, due allowance will be made in respect of the Delivery Dates and Completion Dates and
the other obligations so affected.
1.6 The Supplier shall provide the Public Body with a report of the results of any such test and/or
inspection.
1.7 The Public Body may reject any Goods or any part thereof that fail to pass any test and/or
inspection or do not conform to the specifications. The Supplier shall either rectify or replace such
rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost
to the Public Body, and shall repeat the test and/or inspection, at no cost to the Public Body, upon
giving a notice pursuant to GCC Sub-Clause 57.4.
1.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part
thereof, nor the attendance by the Public Body or its representative, nor the issue of any report
pursuant to GCC Sub-Clause 57.6, shall release the Supplier from any warranties or other
obligations under the Contract.
Part 58 Rejection of Goods
1.1 Without prejudice to the operation of Sub-Clause 58.4, the Goods shall be inspected by the Public
Body or on behalf of it within a reasonable time after delivery under Clause 51 of the Contract
and may be rejected if found to be defective or inferior in quality to or differing in form or
material from the Statement of Requirements of the Contract, or if they do not comply with any
term, whether expressed or implied, of the Contract.
1.2 Without prejudice to the operation of Sub-Clause 58.4, the Public Body shall notify the Supplier
of:
(a). The discovery of any defect within a reasonable time of its discovery and shall give the
Supplier all reasonable opportunities to investigate such defect; and
(b). Any shortage or damage caused in transit and found on delivery within 14 days of delivery or
such time as agreed by the Parties.
1.3 The whole of any delivery may be rejected if a reasonable sample of the Goods taken
indiscriminately from that delivery is found not to conform in every material respect to the
Statement of Requirements of the Contract.
1.4 The Public Body's right of rejection shall continue irrespective of whether the Public Body has in
law accepted the Goods. In particular, taking delivery, inspection, use or payment by the Public
Body of the Goods or part of them shall not constitute acceptance, waiver or approval and shall be
without prejudice to any right or remedy that the Public Body may have against the Supplier
provided that the right of rejection shall cease within a reasonable time from the date on which the
Public Body discovers or might reasonably be expected to discover the latent defect or other
relevant breach of contract.

1.5 Goods so rejected after delivery shall be removed by the Supplier at its own expense within
fourteen days from the date of notification of rejection. If the Supplier fails to remove them within
such period the Public Body may return the rejected Goods at the Supplier’s risk and expense and
charge the Supplier for the cost of storage from the date of rejection.
Part 59 Extensions of Time
1.1 If at any time during performance of the Contract, the Supplier or its subcontractors should
encounter conditions impeding timely delivery of the Goods or completion of Related Services
pursuant to GCC Clause 51, the Supplier shall promptly notify the Public Body in writing of the
delay, its likely duration, and its cause. As soon as practicable after receipt of the Supplier’s
notice, the Public Body shall evaluate the situation and may at its discretion extend the Supplier’s
time for performance, in which case the extension shall be ratified by the parties by amendment of
the Contract.
1.2 Except in case of Force Majeure, as provided under GCC Clause 17, a delay by the Supplier in the
performance of its Delivery and Completion obligations shall render the Supplier liable to the
imposition of liquidated damages pursuant to GCC Clause 25, unless an extension of time is
agreed upon, pursuant to GCC Sub-Clause 59.1 without application of liquidated damages.
Part 60 Performance Measurement
1.1 The Public Body shall ascertain whether the Supplier's provision of the Goods in question meets
any performance criteria as specified in the Statement of Requirements or, if the criteria are not so
specified, meets the standards of a professional supplier of the Goods. On or before the fifteenth
working day of each calendar month during the Contract Period and within 14 days after
termination of the Contract, the Public Body may:
(a). Each Performance Notice issued by the Public Body shall include a proposed rebate of the
Contract Price commensurate to the under-performance of the Supplier as recorded in the
Performance Notice;
(b). If the Supplier disputes any matter referred to in any Performance Notice and/or the proposed
rebate of the Contract Price, the Supplier may raise this objection with the Public Body and if
this matter is not resolved within 7 days the matter shall be referred to the Dispute Resolution
Procedure; and
(c). If the Supplier has not risen any objection to the Performance Notice within 7 days of receipt
(or such other period as agreed between the Parties) then that Performance Notice shall be
deemed to have been accepted by the Supplier and the rebate on the Contract Price referred to
therein shall become immediately effective.
1.2 The Public Body's rights under this Clause are without prejudice to any other rights or remedies
the Public Body may be entitled to.
1.3 If required by the Public Body, the Parties shall co-operate in sharing information and developing
performance measurement criteria with the object of improving the Parties’ efficiency. Any such
agreements shall be fully recorded in writing by the Public Body.
Part 3: Contract Section 8: Special Conditions of Contract
Section 8. Special Conditions of

Contract
Table of Clauses
A. General Provisions 1
B. The Contract 1
C. Obligations of the Public Body 2
D. Payment 2
E. Obligations of the Supplier 2
F. Performance of the Contract 3
Document: Special Conditions of Contract Section VIII of IX Issued by:
The following Special Conditions of Contract (SCC) shall supplement the General
Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein
shall prevail over those in the GCC.
GCC Clause Section 8. Special Conditions of Contract

Reference
A. General Provisions
Procurement Reference Number is: ICB-001/16
GCC 1.2 (s) The Public Body is: Ethiopian Civil Aviation Authority
GCC 1.2 (x) The Supplier is:
GCC 6.3 (a) The meaning of the trade terms shall be as prescribed by .Inco terms
GCC 6.3 (b) The version of Incoterms shall be: 2010
B. The Contract
In addition to documents listed in GCC Clause 7.1 the following documents shall
GCC 7.1 (i)
form the Contract:
GCC 7.3 The Public Body’s authorized representative shall be:

Authorized Representative: Ethiopian Civil Aviation Authority
P.O. Box: 978
Street Address: Bole Rode
Post Code:
Country: Ethiopia
Telephone: +251 6 65 02 00 or 6 65 02 27
Facsimile: +251.665 02 81
E-mail address Caa.airnave@ethionet.et
The Supplier’s authorized representative shall be:
Authorized Representative:
P.O. Box:
Street Address:
Town/City:
Post Code:
Country:
Telephone:
Facsimile:
E-mail address
GCC 8.1 The governing law shall be . Federal Democratic Republic of Ethiopia
GCC 10.1 and The formal mechanism for the resolution of disputes shall be: Jurisdiction
10.3 procedure in Ethiopia.:
Document: Special Conditions of Contract Page 1 of 4 Issued by:

Reference
In case of change of laws and regulation after the deadline for submission of the
GCC 15.1
Bid Contract Price be correspondingly increased or decreased and/or the
Delivery Date be reasonably adjusted to the extent that Supplier has thereby
been affected in the performance of any of its obligations under the Contract.
GCC 16.1 For Goods supplied from outside the Federal Democratic Republic of Ethiopia
The Supplier shall be responsible for all taxes, custom duties, formalities, license
fees except for the following:
GCC 16.2 For Goods supplied from within the Federal Democratic Republic of Ethiopia
the Supplier shall be responsible for all taxes, formalities, license fees except for
the following:
GCC 23.3 The period of validity of the Warranty shall be:
GCC 23.5 The repair or replace period will be:
C. Obligations of the Public Body

The Public Body shall, if so required by the Supplier, assist the Supplier in
GCC 29.1
complying with the following requirements:
D. Payment
The Public Body shall pay the Contract Price to the Supplier, 80% of the
GCC 32.4
contract value of equipment up on submission of shipping documents
stipulated on the L/C % the reaming 20% and training cost will be paid
after test equipment report.
GCC 32.5 For Goods supplied locally all payment to the Supplier under this Contract shall
be made in ETB.
For Goods supplied from outside the Federal Democratic Republic of Ethiopia
all payment to the Supplier under this Contract shall be made in .
E. Obligations of the Supplier

GCC 40.1 (b) The amount of aggregate liability shall be: 100%
The amount of the Performance Security shall be: 10% of the total amount of
GCC 47.1
the contract
GCC 47.3 The types of acceptable Performance Securities are: .Bank guarantee which is
valid to the contract duration
GCC 47.4 Discharge of the Performance Security shall take place: Discharging of Contract
Security shall take place: in accordance with GCC sub-clause 18, in addition to
this, it is the responsibility of the supplier to extend the performance security

Reference
validity date befor 15 days of the expiry date. If the supplier fails to extend befor
15 days of its expiry date, the procuring entity will discharge without any nots to
supplier.
F. Performance of the Contract

GCC 48.1 The Scope of Supply shall be defined in: Section 6
The Supplier shall deliver the Goods to the following Locations: .
GCC 50.1
GCC 50.5 The Supplier responsible for obtaining all export and import licenses for the
Goods
GCC 50.9 The shipping and other documents to be furnished by the Supplier are:
Chamberized Commercial Invoice, Packing List, camberized Certificate of
Origin, Actual freight Invoice.
GCC 51.2 The following details must be shown on the outside of every package : Ethiopian
Civil Aviation Authority Addis Ababa, Ethiopia po. Box 978
GCC 57.2 Inspections and tests will be conducted at: In Purchaser Country.
Part 3: Contract Section 9: Contract Forms
Section 9. Contract Forms

Table of Contents
A. Contract Agreement 1
1. The Agreement 1
2. Term of Contract Agreement 2
B. Performance Security 3
C. Advance Payment Security 4
Document: Contract Forms Section IX of IX Issued by:
A. Contract Agreement
for the Procurement of
Procurement Reference No:
This Contract Agreement is made on the day of the month of ,

BETWEEN
of the Federal Democratic Republic of Ethiopia, and having its principal place of business
(hereinafter called the “Public Body”),
and
a corporation incorporated under the laws of and having its principal place of business at
(hereinafter called the “Supplier”), of the other part
WHEREAS
(a). The Public Body invited bids for certain Goods and Related Services (hereinafter called the
“Goods”), and has accepted a Bid by the Supplier for the supply of those Goods and Services
in the sum of (hereinafter called “the Contract Price”) in the manner and on the terms
described herein
(b). The Supplier having represented to the Public Body that it has the required skills, personnel
and technical resources, has agreed to provide the Goods on the terms and conditions set forth
in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The Agreement
1.1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.
1.2 The following documents shall constitute the Contract between the Public Body and the
Supplier, and each shall be read and construed as an integral part of the Contract:
1. This Contract Agreement;
2. The Special Conditions of Contract;
3. The General Conditions of Contract;
4. The Bid Submission Sheet with Annexes;
5. Price Schedule;
6. List of accepted items including their unit price;
7. Bidder Certification of Compliance with Annexes;
8. Technical Specification + Technical Offer + Compliance Sheet with Annexes;
9.
1.3 This Contract shall prevail over all other Contract documents. In the event of any discrepancy
or inconsistency within the Contract documents, then the documents shall prevail in the order
listed above.
Document: Contract Forms Page 1 of 4 Issued by:
1.4 In consideration of the payments to be made by the Public Body to the Supplier as hereinafter
mentioned, the Supplier hereby covenants with the Public Body to provide the Goods and
Services and to remedy defects therein in conformity in all respects with the provisions of the
Contract.
1.5 The Public Body hereby covenants to pay the Supplier in consideration of the provision of the
Goods and Services 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.
Part 61 Term of Contract Agreement
1.1 The Contract shall enter into force on the date on which it is signed by the last contracting
party.
1.2 Under no circumstances may implementation commence before the date on which the Contract
Agreement enters into force.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS

CONTRACT TO BE SIGNED IN THEIR RESPECTIVE NAMES AS OF THE
DAY AND YEAR FIRST ABOVE WRITTEN.
SIGNED for and on behalf of WITNESS to signature on behalf of

Signature: Signature:
Name: Name:
Position: Position:
Date: Date:
SIGNED for and on behalf of WITNESS to signature on behalf of

Signature: Signature:
Name: Name:
Position: Position:
Date: Date:
B. Performance Security
(Bank Guarantee)
Date:
To:
WHEREAS (hereinafter “the Supplier”) has undertaken, pursuant to Contract No. dated , to
supply (hereinafter “the Contract”).
AND WHEREAS it has been stipulated by you in the aforementioned Contract that the Supplier
shall furnish you with a security issued by a reputable guarantor for the sum specified therein as
security for compliance with the Supplier’s performance obligations in accordance with the
Contract.
AND WHEREAS the undersigned , legally domiciled in [insert complete address of Guarantor],
(hereinafter the” Guarantor”), have agreed to give the Supplier a security:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the
Supplier, up to a total of and we undertake to pay you, upon your first written demand declaring
the Supplier to be in default under the Contract, without cavil or argument, any sum or sums
within the limits of as aforesaid, without your needing to prove or to show grounds or reasons for
your demand or the sum specified therein.
This security is valid until the day of , .
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No 458.
Name:
In the capacity of
Signed:
Duly authorized to sign the Security for and on behalf of:

C. Advance Payment Security

(Bank Guarantee)
Date:
To:
In accordance with the payment provision included in the Contract, in relation to advance
payments, (hereinafter called “the Supplier”) shall deposit with the Public Body a security
consisting of , to guarantee its proper and faithful performance of the obligations imposed by said
Clause of the Contract, in the amount of .
We, the undersigned , legally domiciled in (hereinafter “the Guarantor”), as instructed by the
Supplier, agree unconditionally and irrevocably to guarantee as primary obligor and not as surety
merely, the payment to the Public Body on its first demand without whatsoever right of objection
on our part and without its first claim to the Supplier, in the amount not exceeding .
This security shall remain valid and in full effect from the date of the advance payment received
by the Supplier under the Contract until , [insert year].
Name:
In the capacity of
Signed:
Duly authorized to sign the Security for and on behalf of:

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THE ETHIOPIAN CIVIL AVIATION AUTHORITY

For Procurement of COMMUNICATION, NAVIGATION &

For International Competitive Bidding (ICB)

Part 1 Bidding Procedures I

Part 1 Bidding Procedures

29. Bid Opening 15

Section I. Instructions to Bidders

B. Contents of Bidding Document

Bidding Documents may result in the rejection of the bid.

(a). Financial statements certified by an independent auditor;

characteristics of the Goods and Related Services, demonstrating substantial responsiveness of

20. Alternative Bids

(b). An irrevocable Letter of Credit;

22.7 The bid security may be forfeited:

D. Submission and Opening of Bids

25.2 The inner and outer envelopes shall:

“Withdrawal,” “Substitution,” “Modification;” and

E. Evaluation and Comparison of Bids

The Public Body may reject any bid when:

39. Comparison of Bids

Section 2. Bid Data Sheet

Section 2. Bid Data Sheet (BDS)

ITB 1.3 and The Procurement Reference Number is: ICB-001/16

Samples of the quoted products be requested.

ITB 22.1 A bid security required.

D. Submission and Opening of Bids

ITB 29.1 The bid opening shall take place at:

ITB 38.6 Multiple award to one Bidder be permitted.

Section 3. Evaluation Methodology and

1. Professional, Technical, and Financial Qualification Criteria 1

Section 4. Bidding Forms

A. Bid Submission Sheet 1

A. Bid Submission Sheet

Duly authorized to sign the bid for and on behalf of .

Dated on [insert day] day of ], 20

B. Price Schedule for Goods and Related Services4

Bid Price in ETB

C. Bidder Certification of Compliance10

Place and Date

Bidder’s Legal Name:

In case of Joint Venture,

Legal Address in Country of

Historic Information for Previous Years

Annual Turnover Data

Name of Bidder or partner in a Joint Venture:

4. Professional Qualifications and Capabilities

Year before last Last year This year

5. Quality Assurance / Managerial and Control Procedures

Duly authorized to sign the bid for and on behalf of .

Dated on [insert day] day of ], 20

D. Form - Data on Joint Venture/Consortium

WHEREAS , who are official manufacturers of , having factories at , do hereby authorize to

Dated on [insert day] day of ], 20

Section 5. Eligible Countries

Procurement Reference Number: ICB-001/16

Part 2 Statement of Requirement

A. Technical Specification - General Note 1

C. Obligations of the Public Body 16

Section 7 General Conditions of Contract

of any part of the Related Services is subcontracted by the Supplier;