AdU SDB For Wireless

The Federal Democratic Republic of Ethiopia
Standard Bidding Document (SBD)

For National Competitive Biddings (NCB)
Adigrat University (AdU)
Request for Proposal
For
Supply, Installation, Configuration, Testing and Commissioning of Wireless
Infrastructure Project on Turnkey Basis for AdU
Subject of Procurement Supply, Installation, Configuration, Testing & Commissioning of
Wireless Infrastructure Project on Turnkey Basis for AdU
Procurement Reference 11/2010
Number
Project Name Supply, Installation, Configuration, Testing & Commissioning of
Date of Issue of Bidding 07/09/2010
Document
Date of closing of Bid 27/09/2010 at 4:00AM Local time
Document
Date of opening of Bid 27/09/2010 at 4:30AM Local time
Document
Adigrat, Tigray
Ethiopia
SBD-Information Systems (NCB) - Prepared by the FPPA (Version 1, October 2011)

Document: Bidding Document Page i
The Federal Democratic Republic of Ethiopia
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
SBD-Information Systems (NCB) - Prepared by the FPPA (Version 1, October 2011)

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 Services 5
B. Contents of Bidding Document 6
6. Bidding Document 6
7. Written Questions / Clarification of Bidding Documents 6
8. Modification to Bidding Documents 7
9. Pre-Bid Conference and Site Visit 7
C. Preparation of Bids 7
10. Cost of Bidding 7
11. Language of Bid 8
12. Bid Prices and Discounts 8
13. Currencies of Bid and Payment 9
14. Professional Qualifications and Capability of the Bidder 9
15. Financial Standing of the Bidder 9
16. Technical Qualifications, Competence, and Experience of the Bidder 10
17. Documentary Technical Evidence 10
18. Presentation of Samples 11
19. Joint Venture or Consortium 12
20. Alternative Bids 12
21. Period of Validity of Bids 12
22. Bid Security 13
23. Documents Comprising the Bid 14
24. Format and Signing of Bid 15
D. Submission and Opening of Bids 15
25. Sealing and Marking of Bids 15
26. Deadline for Submission of Bids 16
27. Late Bids 16
28. Withdrawal, Substitution, and Modification of Bids 16
SBD- Information Systems (NCB) - Prepared by the FPPA (Version 1, October 2011)
Document: Instructions to Bidders Section I of IX Issued by:
29. Bid Opening 16

E. Evaluation and Comparison of Bids 17
30. Confidentiality 17
31. Clarification of Bids 17
32. Responsiveness of Bids 18
33. Nonconformities and Omissions 18
34. Dubious price quotations and errors in calculation 18
35. Margin of Preference 19
36. Preliminary Examination of Bids 19
37. Legal, Professional, Technical, and Financial Admissibility of Bids 20
38. Evaluation of Bids 22
39. Comparison of Bids 22
40. Post-qualification Evaluation 22
41. Acceptance or Rejection of Bids 23
42. Re-advertising bids 23
F. Award of Contract 23
43. Award Criteria 23
44. Right to Vary Quantities at Time of Award 23
45. Announcing and Awarding of the Successful Bidder 24
46. Signing of Contract 24
47. Performance Security 24
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 and installation of the Information Systems (IS). 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 supply and
installation of the Information Systems (IS) which general description is provided in the BDS.
Information Systems (IS) 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 25 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 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
• 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
the supply and installation of the Information Systems (IS) 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 By signing the Bid Submission Sheet Form, the Bidder represents that it either is the owner of
the Intellectual Property Rights in the hardware, software or materials offered, or that it has
proper authorization and/or license to offer them from the owner of such rights. For the purpose
of this Clause, Intellectual Property Rights shall be as defined in GCC Clause 1.1. Willful
misrepresentation of these facts shall be considered a fraudulent practice subject to the
provisions of Clauses 3.1 through 3.5 above, without prejudice of other remedies that the Public
Body may take.
3.7 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 supply and
installation of the Information Systems (IS) 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.
4.9 If a Bidder intends to subcontract major items of supply or services, it shall include in the bid
details of the name and nationality of the proposed Subcontractor for each of those items and
shall be responsible for ensuring that any Subcontractor proposed complies with the
requirements of ITB Clause 4, and that any Goods or Services components of the Information
System to be provided by the Subcontractor comply with the requirements of ITB Clause 5.
Bidders are free to list more than one Subcontractor against each item. Quoted rates and prices
will be deemed to apply, whichever Subcontractor is appointed, and no adjustment of the rates
or prices will be permitted. The Public Body reserves the right to delete any proposed
Subcontractor from the list. This shall be done prior to Contract signature, by deleting such
unacceptable Subcontractors from Appendix 1 to the Contract Agreement, which shall list the
approved Subcontractors for each item prior to Contract signature. Subsequent additions and
deletions from the list of approved Subcontractors shall be performed in accordance with GCC
Clause 13 (as revised in the SCC, if applicable) and Appendix 1 to the Contract Agreement.
4.10 A firm which is a Bidder, whether as a single Bidder or as a partner in a Joint Venture, cannot
be a Subcontractor in other bids, except for the supply of commercially available hardware or
software by the firm, as well as purely incidental services such as installation/configuration,
routine training, and ongoing maintenance/support. If the BDS for ITB 1.3 permits the
submission of bids for Subsystems or lots, then the provisions of this ITB Sub-Clause 4.10
apply only to bids for the same Subsystem(s), lot(s), or slice(s);
5. Eligible Goods and Services
5.1 All Information Systems (IS) to be supplied under the Contract shall have as their country of
origin an eligible country as defined in Section 5, Eligible Countries.
5.2 For the purposes of these Bidding Documents, the term "Information System" means all:
(a). the required information technologies, including all information processing and
communications-related hardware, software, supplies, and consumable items that the
selected Bidder is required to supply and install under the Contract, plus all associated
documentation, and all other materials and goods to be supplied, installed, integrated, and
made operational (collectively called “the Goods” in some clauses of the ITB); and
(b). the related software development, transportation, insurance, installation, customization,
integration, commissioning, training, technical support, maintenance, repair, and other
services necessary for proper operation of the Information System to be provided by the
selected Bidder and as specified in the Contract.
5.3 An Information System is deemed to be produced in a certain country when, in the territory of
that country, through software development, manufacturing, or substantial and major assembly
or integration of components, a commercially recognized product results that is substantially
different in basic characteristics or in purpose or utility from its components.
5.4 For purposes of this clause, the nationality of the Bidder is distinct from the country in which
the Information System and its goods components are produced or from which the related
services are supplied.
5.5 To establish the eligibility of the Information System, 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 key goods components of the Information System
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.
5.7 In the case of a Bidder not doing business within the Federal Democratic Republic of Ethiopia,
the Bidder will submit documentary evidence that it is or will be (if awarded the Contract)
represented by an Agent in the Federal Democratic Republic of Ethiopia who is equipped and
able to carry out the Bidder’s maintenance, technical support, training, and repair obligations
prescribed in the General and Special Conditions of Contract, and/or Technical Requirements
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 ten (10) 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 and Site Visit
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. The Public Body may also organize a site visit or visits
concurrently with the Pre-Bid Conference to allow Bidders to visit and examine the site or sites
of the Information System and obtain for itself, at its own responsibility and risk, all
information that may be necessary for preparing the bid and entering into the Contract. The
costs of visiting the site or sites shall be at the Bidder’s own expense.
9.2 The Public Body shall give written notice to all bidders who purchased a bidding document to
attend the Pre-Bid Conference and to gain access to the relevant site or sites. Notice will include
time, date, and address where Pre-Bid Conference and site visits will be organized.
9.3 The Public Body shall welcome all prospective bidders to attend Pre-Bid Conference and site
visits. To give all prospective bidders the opportunity to participate, prospective bidders are
limited to sending two representatives to Pre-Bid Conference and site visits. All the costs of
attending this conference and site visits 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 the language specified in the BDS.
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 33.3.
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 Information System and other Goods, 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 Information System and other Goods:
(i) The price of the Information System and other 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 Information System and other 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 Information System and other 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
Information System and other 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 Information Technologies, associated Goods, and Services to be supplied from inside
Ethiopia the prices shall be quoted in the Ethiopian Birr, unless otherwise specified in the BDS.
13.2 For all Information Technologies, associated Goods, and Services to be supplied from outside
Ethiopia prices shall be expressed in the freely convertible currency. 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 Ethiopian Birr.
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.
14.2 For key individuals who actually will be performing the activities described in the Section 6,
Bidder must provide resumes that identify years of experience, relevant Information Systems'
implementation experience, and relevant education and training.
14.3 Bidders must provide references for the proposed personnel, ensuring that references provided
will be available to be contacted during the evaluation timeframe for this Bidding Document.
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 Information
System and other Goods 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 The Bidder shall furnish, as part of its bid, documentary technical evidence establishing the
conformity to the Bidding Documents of the of the Information System that the Bidder proposes
to supply and install under the Contract and to support details provided in the Section 6,
Technical Specification and Compliance Sheet, unless otherwise specified in the BDS.
17.2 The documentary evidence of conformity of the Information System to the Bidding Documents
shall be in the form of literature, diagrams, certifications, drawings brochures, or data,
including:
(a). A detailed description of the Bidder’s proposed technical solution conforming in all
material aspects with the Technical Requirements (Section VI) and other parts of these
Bidding Documents, overall as well as in regard to the essential technical and performance
characteristics of each component making up the proposed Information System
(b). An item-by-item commentary on the Public Body’s Technical Requirements,
demonstrating the substantial responsiveness of the Information System offered to those
requirements. In demonstrating responsiveness, the commentary shall include explicit cross
references to the relevant pages in the supporting materials included in the bid. Whenever
a discrepancy arises between the item-by-item commentary and any catalogs, technical
specifications, or other preprinted materials submitted with the bid, the item-by-item
commentary shall prevail.
(c). A Preliminary Project Plan describing, among other things, the methods by which the
Bidder will carry out its overall management and coordination responsibilities if awarded
the Contract, and the human and other resources the Bidder proposes to use. The Plan
should include a detailed Contract Implementation Schedule in bar chart form, showing the
estimated duration, sequence, and interrelationship of all key activities needed to complete
the Contract. The Preliminary Project Plan must also address any other topics specified in
the BDS. In addition, the Preliminary Project Plan should state the Bidder’s assessment of
what it expects the Public Body and any other party involved in the implementation of the
Information System to provide during implementation and how the Bidder proposes to
coordinate the activities of all involved parties;
(d). A written confirmation that the Bidder accepts responsibility for the successful integration
and inter-operability of all components of the Information System as required by the
Bidding Documents.
17.3 For purposes of the commentary to be furnished pursuant to ITB Clause 17.2(b), the Bidder
shall note that references to brand names or model numbers or national or proprietary standards
designated by the Public Body in its Statement of Requirements are intended to be descriptive
and not restrictive. Except where explicitly prohibited in the BDS for specific items or
standards, the Bidder may substitute alternative brand/model names or standards in its bid,
provided that it demonstrates to the Public Body’s satisfaction that the use of the substitute(s)
will result in the Information System being able to perform substantially equivalent to or better
than that specified in the 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 Information Systems and other Goods proposed in response to this
Bidding Document. If Bidder fails to provide such Information Systems and other 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 Information Systems and other Goods
delivered under such Contract shall meet or exceed the quality of the Information Systems and
other Goods presented. Samples of the quoted products, when requested in BDS, must be
furnished free of charge and in a timely manner. Bidders should not submit unsolicited samples.
18.2 If the Public Body decide to request production and presentation of samples representing any or
all Information Systems and other 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. 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;
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 as 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 (foreign Bidders only);
(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 Offer + Compliance Sheet (it should be presented as per template furnished in
Section 6, Statement of Requirements) with detailed description of the proposed
Information System and other Goods in compliance with the minimum technical
requirements, including, if necessary, separate sheets or documentation for details.
Technical Offer + Compliance Sheet Form must include the following mandatory
attachments;
(i) Documentary technical evidence in accordance with ITB Clause 17 (if required in
BDS);
(ii) Preliminary project Plan in accordance with ITB Clause 17.2(c);
(iii) Written Confirmation of Responsibility for Integration and Interoperability of
Information Technologies in accordance with ITB Clause 17.2(d);
(iv) Manufacturer Authorization Letter in accordance with ITB Clause 5.6;
(v) List of Proposed Subcontractors;
(vi) List of Proposed Software;
(vii) List of Custom Materials.

(d). Delivery, Implementation, 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 Information System and other Goods 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 Information System and other
Goods specified in the Contract; or
(ii) Limit 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 Document 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 GCC 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 Offer+ Compliance Sheet Form;
(i). Bidder has failed to submit signed and dated Delivery, Implementation, 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 Information System and other Goods 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 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 Documentary technical evidence in accordance with ITB
Clause 17 (if required in BDS);
(ii) Bidder has failed to submit Preliminary project Plan in accordance with ITB Clause
17.2(c);
(iii) Bidder has failed to submit Written Confirmation of Responsibility for Integration and
Interoperability of Information Technologies in accordance with ITB Clause 17.2(d)
(iv) Bidder has failed to submit Manufacturer Authorization Letter in accordance with ITB
Clause 5.6
(v) Bidder has failed to submit the List of Proposed Subcontractors;
(vi) Bidder has failed to submit the List of Proposed Software;
(vii) Bidder has failed to submit the List of Custom Materials.
(a). Bidder has failed to submit signed and dated Delivery, Implementation, 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 proof that it has adequate financial resources to manage this Contract
by completing relevant table in the Bidders Certification of Compliance form that is
furnished in Section 4, Bidding Forms.
(b). 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;
(c). Bidder has failed to submit other documents proofing its financial standing, as required in
the BDS Clause 15.2(b);
(d). 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.
(e). Bidder has failed to calculate Bid Prices for the Information System and other Goods
offered as prescribed in ITB Clause 12; and
(f). 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
Information System and other Goods. 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 (including Joint Venture Partners,
and any Subcontractors) 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, financial, technical, design,
integration, customization, production, management, and support capabilities, and conformity to

the requirements stated in this Bidding Document. This determination may include visits or
interviews with the Bidder’s clients referenced in its bid, site inspections, and any other
measures. If so specified in the BDS, at the time of post-qualification the Public Body may also
carry out tests to determine that the performance or functionality of the Information System
offered meets those stated in the Technical Requirements.
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,
by percentages indicated in the BDS, any of the following:
(a). the quantity of substantially identical Subsystems; or
(b). the quantity of individual hardware, Software, related equipment, Materials, products, and
other Goods components of the Information System; or

(c). the quantity of Installation or other Services to be performed,
from originally specified in Section 6, Statement of Requirement, 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: Adigrat University (AdU)
Registered Address: Adigrat, Tigray, Ethiopia
ITB 1.1 The Bidding Document is issued under Procurement Method: National
Competitive Bidding (NCB)
ITB 1.2 and The Project name is: Supply and Implementation of Wireless Infrastructure
25.2(b) Project on Turnkey Basis for AdU
General description of Information System and other Goods that are subject of the
procurement is:
Supply, installation, Configuration, Training, Testing and Commissioning of
ITB 1.3 and The Procurement Reference Number is: 11/2010

25.2(b)
ITB 1.3 The number and identification of Lots in this Bidding Document is: One Lot
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: Renewed business license, TIN Certificate, Supplier registration
Certificate, VAT Certificate
ITB 5.6 The Bidder required to include with its bid documentation from the Manufacturer
of the Information System and other Goods that it has been duly authorized to
supply in Ethiopia the Information System and other Goods indicated in its bid.
Document: Bid Data Sheet Page 1 of 5 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: Adigrat University Procurement and Property
Administration Director
Attention: Mr. Gebremedhin Desta, Director for
Procurement and Property Administration
Floor/Room number: Block 13, Ground floor, Office Number 07
P.O. Box: 50
Street Address: Zalambesa Street
Town/City: Adigrat
Country: Ethiopia
Telephone: +251344452318
Facsimile: +251344452123
E-mail address -
ITB 7.1 and The deadline for submission of questions and/or clarifications is: no
9.4 later than fifteen (15) days prior to the deadline for submission of bids
Date: May 22, 2010EC
Time: 10:00 A.M.
C. Preparation of Bids
ITC 11.1 Language of the Bid shall be . English
ITB 12.5 The Incoterms edition is: Incoterms 2010
ITB Bidders be required to quote the price for inland transportation of the Information
12.6(a)(iii) System and other Goods to their final destination.
Prices quoted for each lot shall correspond to at least 90 percent of the items
ITB 12.8
specified for each lot.
Prices quoted for each item of a lot shall correspond to at least 90 percent of the
quantities specified for each item of a lot.
ITB 13.1 For Information System and other Goods that the Bidder will supply from inside
Ethiopia the prices shall be quoted in Ethiopian Birr.
Bidder must provide in the Bidder Certification of Compliance Form information
ITB 14.1 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:
Audited Financial Statements over the last three years by an independent and
fully accredited auditor and Credit Facility.
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 equal to the bidder`s contract
value.
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
• Tender Specific Manufacturing Authorization Form
Gartner Magic quadrant or equivalent report
Third party accredited certification
Certificate of Performance of similar nature, size and complexity of
projects
In addition to the topics described in ITB Clause 17.2 (c), the Preliminary Project
ITB 17.2(c)
Plan must address the following topics: active devices and materials
In the interest of effective integration, cost-effective technical support, and

ITB 17.3
reduced re-training and staffing costs, Bidders are required to offer specific brand
names and models for the following limited number of specific items: .
Samples of the quoted products be requested.
ITB 18.1
If requested, the following samples must be submitted: Not applicable
Alternative Bids be considered.

ITB 20.1
ITB 20.4 If alternative bids are permitted under BDS Clause 20.1 they must meet the
following criteria: Not Applicable.
ITB 21.1 The bid validity period shall be: 60 days.
ITB 22.1 A bid security required.

If a bid security is required, the amount of the bid security shall be 200,000 ETB.
ITB 24.1 In addition to the original of the bid, the number of copies required is:
Bidders required submitting bid documents in two envelopes containing the
ITB 24.1
technical original and copy and financial original and copy 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 Information
System and other Goods offered, as stated in the ITB Clause 23.2 (f).
D. Submission and Opening of Bids
ITB 26.1 For bid submission purposes only, the Public Body’s address is:
Public Body: Adigrat University Procurement and Property
Administration Director
Attention: Mr. Gebremedhin Desta, Director for
Procurement and Property Administration
P.O. Box: 50
Town/City: Adigrat
Country: Ethiopia
The deadline for bid submission is:
Time: 4:00 A.M LT
ITB 29.1 The bid opening shall take place at:

Public Body: Adigrat University Procurement and
Property Administration Director
Town/City: Adigrat
P.O.Box: 50
Country: Ethiopia
Time: 4:30 A.M LT
E. Evaluation, and Comparison of Bids
ITB 34.2 Bidder has to confirm that he accepts the correction of the calculation error within
3 days starting from the first date of notification of the case.
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 3
years.
ITB 37.5(d) 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:
Ethiopian Birr.
ITB 38.6 Multiple award to one Bidder shall be permitted.

The evaluation methodology to determine the lowest-evaluated combination of
lots shall be detailed in Section 3 Evaluation Methodology and Criteria.
As additional post qualification measures, the Information System (or
ITB 40.2
components/parts of it) offered by the Lowest Evaluated Bidder may be subjected
to the following tests and performance benchmarks prior to Contract award: .Visit
show cases.
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 5
4. Evaluation of Multiple Contracts 5
5. Alternative Bids 5
Document: Evaluation and Qualification Criteria Section III of IX Issued by:
This section, read in conjunction with Section 1, Instructions to Bidders and Section 2, Bid Data
Sheet, contains all the factors, methods and criteria that the Public Body shall use to evaluate a
bid and determine whether a bidder has the required qualifications. No other factors, methods or
criteria shall be used.
1. Professional, Technical, and Financial Qualification Criteria
The following qualification criteria will be applied to Bidders. In the case of bids submitted by a
consortium, these qualification criteria will be applied to the consortium as a whole :
1.1 Professional Qualifications and Capability of the Bidder (ITB Clause 14)
(a). At least staff currently work for the Bidder;
(b). Among the staff mentioned in sub-clause (a) should be at least ;
(c).
1.2 Technical Qualifications, Competence, and Experience of the Bidder (ITB Clause 16)
(a). The Bidder has successfully completed at least contracts with a budget of at least
that of this contract in the past years;
(b). History of non-performing contracts - Non-performance of a contract did not occur
within the last years prior to the deadline for Bid submission, based on all information
on fully settled disputes or litigation. A fully settled dispute or litigation is one that has
been resolved in accordance with the Dispute Resolution Mechanism under the
respective contract, and where all appeal instances available to the bidder have been
exhausted.
(c). Pending litigation - All pending litigation shall in total not represent more than
percent of the Bidder’s net worth and shall be treated as resolved against the Bidder.
(d).
1.3 Financial Standing of the Bidder (ITB Clause 15)
(a). The average annual turnover calculated as total certified payments received for
contracts in progress or completed within the last years must exceed times the
amount of the financial proposal of the Bid;
(b). The Bidder must demonstrate access to, or availability of, financial resources such
as liquid assets, unencumbered real assets, lines of credit, and other financial means,
other than any contractual advance payments to meet the following cash-flow
requirement:
(c). .
2. Determining the Successful Bid
According to the methodology defined in the Public Procurement Proclamation and Directives the
Public Body shall select the successful bid by applying the following method:
A. The bid that is found to be substantially responsive to the professional, technical, and
financial qualification requirements, technically compliant in relation to the technical
requirements and include the hardware, Software, related equipment, products, Materials,
and other Goods and Services components of the Information System in, substantially, the
full required quantities for the entire Information System or, if allowed in the BDS for ITB
Clause 1.3, the individual Subsystem or lot, and with the lowest price.
B. The bid that is found to be substantially responsive to the professional, technical, and
financial qualification requirements, technically compliant in relation to the technical
Document: Evaluation and Qualification Criteria Page 1 of 4 Issued by:
requirements and include the hardware, Software, related equipment, products, Materials,
and other Goods and Services components of the Information System in, substantially, the
full required quantities for the entire Information System or, if allowed in the BDS for ITB
Clause 1.3, the individual Subsystem or lot, and with the lowest evaluated bid. The lowest
evaluated bid shall be the bid offering better economic advantage ascertained on the basis
of factors affecting the economic value of the bid.
A. The Bid with the Lowest Price
2.1 The bids shall be examined to confirm that all documentary evidence establishing the
Bidders' qualifications requested in ITB Clause 23 have been provided;
2.2 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;
2.3 The Public Body will then analyze the bids' technical conformity in relation to the technical
requirements, classifying them technically compliant or non-compliant.
2.4 The Public Body shall continue evaluation of bids that have been determined to be
substantially responsive with rectification of nonconformities and omissions in bids, if any.
2.5 The Public Body shall examine all bids to ascertain whether there are any arithmetic errors
in computation and summation. The Public Body shall notify bidders on adjusted
calculation errors and request bidders to confirm that they accept the correction of the
calculation error within the time limit of three days from the receiving of the notification.
2.6 After evaluation of legal, professional, technical, and financial admissibility of bids the
Public Body shall award of the contract the bidder whose bid has been determined to be
substantially responsive to the Bidding Documents and with the lowest price.
B. Determining the Lowest Evaluated Bid Offering the Best Economic Advantage
2.7 Provided all mandatory legal, professional, technical, and financial requirements have been
met all technically compliant Bids shall be evaluated and scored using the two-stage bid
evaluation and scoring method. In accordance with ITB Clause 38.4(f), the Public Body's
evaluation of the Bid will take into account, in addition to the bid price, the following
additional technical evaluation criteria in order of their importance and their proportional
weight in the total system of evaluation, as specified below:
(a). The additional technical evaluation criteria and their weighting factor that indicate
their level of importance are determined, as follows:
Evaluation Criteria for Technical Qualification of Wireless

Installation Lot: 1
The technical document evaluation being completed prior to any financial (Bid offer)
proposals being opened and compared. Only qualified technical document proposal for
firms scoring 70% and above points out of 100 will be considered responsive (pass) and
their financial proposals will be opened and then the least financial proposal will be
successful bidder. The Financial Proposals of those bidders who failed in the technical
evaluation will be returned unopened. Technical evaluation shall be guided by the under
listed criteria.
Technical evaluation Criteria for Qualification of Wireless Installation Lot: 1
No Criteria Max. Score Remark

1 Company Profile 20
1.1 Experience
• At least one reference of wireless network implementation 10
in similar size, nature and complexity (5pts)
• Showcase of implemented wireless network project of
selected brand will be considered (5pts)
Important Note:
• Attach legal documentary evidences for criteria listed in 1.1
1.2 Qualification and experience of technical experts:
• Project manager: highly skilled in project management and 10
experienced in ICT infrastructure implementation (5pts).
• Minimum of 3 technical engineers/experts. Highly skilled
and experienced in wireless network implementation (5 pts)
Important Note:
• Attach relevant certification of the project manager and
technical experts (certifications, CVs and credentials)
• Team structure and responsibility matrix should be clearly
stated.
2 Hardware, Software, Service technical requirements 45
compliance
2.1 Detailed technical requirements compliance of equipment and 20
materials. Major Devices and Solutions should be from globally
recognized brands positioned as leaders in global research
organization like Garter.
2.2 Software and service compliance. 10
2.3 High level design of facilities completeness and clarity 15
3 Project proposal, methodology, migration, implementation 25
plan and after sales warranty.
3.1 Reporting arrangement, change control procedures and risk 10
management procedures
3.2 Delivery schedule, scheduling of implementation of activities and 5
clarity of time frame
• The maximum delivery time should be less than 90
days(Three months) after contract signing
3.3 After-sales warranty: the main equipment’s manufacturer should 10
have local office in Ethiopia in order to achieve high quality after
sales service.
Note: The proof (register) for manufacturer’s local office for service
should be provided.
4 Knowledge transfer and experience sharing 10

.1 Provide the detailed schedule and location of on training center 5
4.2 Onsite training. Provide the detailed training subjects and schedule. 5
5 Must meet criteria
5.1 Tender specific manufacturer authorization form (MAF). MAF and Mandatory
collaboration shall be subjected to confirmation by the manufacturer
5.2 Data sheet Mandatory
5.3 Compliance table Mandatory
5.4 BoQ without price in your technical document Mandatory

5.5 Post deployment executions: Mandatory
• 3-years warranty (replace and repair) after acceptance
• 5-years technical support after acceptance
5.6 Annual Turnover of the bidder for the last five years must be greater Mandatory
than or equal to 60,000,000 ETB
5.7 Site survey (please check RFP) Mandatory
Important Note:
• Bidders are expected to carefully see and submit the technically admissibility criteria on
the bidding document
• As the project is on the turnkey basis, partial offer will be automatically rejected.
• The winner will be determined according the grand total of price but only if the provider
meets the minimum technical requirements.
• Bidders shall present two copies of technical and financial documents.
• Consider as a set (including all minimum requirements for the solution). Any missed
item for the solution is the responsibility of the winner.
• Put total cost for installation, factory training for at least Five University ICT staffs for
this purpose.
• The winner is expected to conduct the installation as per the request of the university.
• Bidders should conduct site survey so that the outdoor wireless coverage should be the
whole campus.
• The on-factory training should be conducted ahead of material delivery to the university.
• The management of the system should be interoperable with university data center
management system.
(b). The Public Body will evaluate any additional criterion using the following scoring
scale:
SCORING DESCRIPTION
Exceeds the requirements of the criteria significantly and in beneficial ways/very
10 Excellent
desirable
9 Very Good Exceeds the requirements of the criteria in ways which are beneficial to our needs
7-8 Good Fully meets the requirement of the criteria
Adequately meets most of the requirements of the criteria. May be lacking in

5-6 Average
some areas that are not critical.
Addresses all of the requirements of the criterion to the minimum acceptable
3-4 Poor
level.
Minimally addresses some, but not all, of the requirements of the criteria or
1-2 Very Poor
lacking in critical areas.
0 Unsatisfactory Does not satisfy the requirements of the criteria in any manner.
2.8 Individual weighted scores for all technical criteria shall be weighted according to the set
proportional weighting factors. The weighted result shall be calculated by multiplying the
score by the proportional weighting factor of the individual criterion. The total score for the
Bid determined through this method will be the basis for ranking Bids.
2.9 Where two bidders get equal merit points in the evaluation, preference shall be given to
local products or services.
2.10 The Public Body may require bidders scoring equal merit points in the evaluation to submit
further proposals on certain aspects of the bid with a view to identifying the successful
bidder.
2.11 Where by reason of the bidders scoring equal merit points not submitting final proposals
they are invited to submit, or by reason of the evaluation result of the final proposals
submitted by the bidders being still equal, the successful bidder can not be singled out, the
successful bidder shall be determined by casting lot in the presence, as far as possible, of
the bidders concerned.
3. Domestic Preference
If the ITB Clause 35 so specifies, the Public Body will grant a margin of preference to goods
manufactured in the Federal democratic Republic of Ethiopia for the purpose of bid comparison,
in accordance with the procedures outlined in subsequent paragraphs Responsive Bids shall be
classified into the following groups:
(a). Group A: Bids offering locally produced Goods meeting the criteria of ITB Sub-
Clause 35.3; and
(b). Group B: all other Bids.
For the purpose of further evaluation and comparison of Bids only, an amount equal to 15%
percent of the evaluated Bid prices determined in accordance with ITB Sub-Clause 35.3 shall be
added to all Bids classified in Group B.
4. Evaluation of Multiple Contracts
Since in accordance with ITB Sub-Clause 38.6 the Public Body be allowed to award one or
multiple lots to more than one Bidder, the following methodology shall be used for award of
multiple contracts:
To determine the lowest-evaluated lot combinations, the Public Body shall:
(a). evaluate only lots or contracts that include at least the percentages of items per lot
and quantity per item as specified in ITB 12.8;
(b). take into account:
(i) the lowest-evaluated bid for each lot that meets the requirement of evaluation
criteria;
(ii) the price reduction per lot and the methodology for their application as offered by
the Bidder in its bid; and
(iii) the contract-award sequence that provides the optimum economic combination,
taking into account any limitations due to constraints in supply or execution
capacity.
5. Alternative Bids
Alternative Bids, if permitted under BDS Clause 20.1, will be evaluated as follows:
The Public Body shall only apply the following criteria for evaluation of Alternative Bids:
Part 1: Bidding Procedures Section 4: Bidding Forms
Section 4. Bidding Forms

Table of Contents
A. Bid Submission Sheet 1

B. Price Schedule for Information System 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. Historical Contract Non-Performance 7
5. Current Contract Commitments / Works in Progress 8
6. Professional Qualifications and Capabilities 8
7. Comments and Suggestions on the Schedule of Requirements 9
8. Quality Assurance / Managerial and Control Procedures 9
9. Equipment and Facilities 9
10. Bidder's Audit Agency 9
11. Organization of Firm 9
12. Bank Account Number and Bank Address 9
D. Curriculum Vitae for Proposed Personnel 9
E. Form - Data on Joint Venture/Consortium 11
F. Bid Security 12
G. Manufacturer’s Authorization 13
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 Legal Name and Address of the Seat of
Nationality2
the Bidder
Leader 3
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 Information
System: ;
(c) Warranty period for offered Information System 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;
1
One signed original Bid Submission Form 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 14 Issued by:
(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:
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 Public Body 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 Information System 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 Information System 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 Public Body 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 Information System4

Place and Date
Procurement Reference No.:
Alternative No.:
To:
Addis Ababa
Percentage Cost of Cost of Custom
Item Country of Unit of Unit Price Cost of Unit Price Total Price
Subsystem / Item6 of National Qty Marine Inland Duties and
No.5 Origin 7 Qty FOB Carriage8 6+7+8+9+10 (5x11)
Origin Insurance9 Transport Taxes10
1 2 3 4 5 6 7 8 9 10 11 12
Grand Total
Name
In the capacity of
Signed
Duly authorized to sign the bid for and on behalf of Dated on [insert day] day of [insert month], 20[insert year of signing]
4
Fill data into table columns as appropriate.
5
Insert Item Number from Technical Offer, Column 1, Section 6, Statement of Requirements.
6
Insert Subsystem / Item from Technical Offer, Column 2, Section 6, Statement of Requirements.
7
Insert percentage of national origin, if margin of preference applies.
8
In accordance with ITB Clause 12.6(a)(ii). 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.
9
All imports should use Ethiopian Insurance Companies to cover marine insurance. If not possible, appropriate waiver must be acquired.
10
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 Compliance11

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.
11
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).
(b). .
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 work 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.
Financial Resources
No. Source of Financing Amount
3. Technical Qualifications, Competence, and Experience in the Procurement

Object
As proof of the technical and professional ability in selling and servicing the Information System
and other Goods listed in our Bid the tables below summarize the major relevant contracts of a
similar nature, complexity, and requiring similar information technology and methodologies to
the contract or contracts for which these Bidding Documents are issued, and which the ] has
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 contact person
Function of contact person
Telephone number
E-mail address
Nature of Information Systems and special features
4. relevant to 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 Information System undertaken by
10
subcontract, if any, and the nature of such
Information System
11 Other relevant information
The Clients' Certificate concerning the satisfactory execution of contract is attached to this
document
4. Historical Contract Non-Performance
Non-Performing Contracts in accordance with Section 3, Evaluation and Qualification Criteria
Contract non-performance did not occur during the stipulated period, in accordance with Sub-Factor
1.2(b) of Section 3, Evaluation and Qualification Criteria.
Contract non-performance during the stipulated period, in accordance with Sub-Factor 1.2(b) of
Section 3, Evaluation and Qualification Criteria.
Outcome as Total Contract
Year Percent of Contract Identification Amount (current
Total Assets value)
Contract Identification:
Name of Client:
Address of Client:
Matter in dispute:
Pending Litigation, in accordance with Section 3, Evaluation and Qualification Criteria
No pending litigation in accordance with Sub-Factor 1.2(c) of Section 3, Evaluation and

Qualification Criteria
Pending litigation in accordance with Sub-Factor 1.2(c) of Section 3, Evaluation and Qualification
Criteria, as indicated below
Outcome as Total Contract

Year Percent of Contract Identification Amount (current
Total Assets value)
Name of Client:
Address of Client:
Matter in dispute:
Name of Client:
Address of Client:
Matter in dispute:
5. Current Contract Commitments / Installation in Progress
Value of
Estimated Average Monthly
Client's Contact outstanding
No. Name of Contract Completion Invoicing over Last
Details Information
Date Six Months
System
6. 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
The following Team Skill Matrix identifies the skills that are relevant to the role in the contract
team and are required for successful execution of the contract:
Expert Name
Role: (e.g., System Engineer, Project Manager, Programmer, etc)
Resume Page
Knowledge Knowledge Level Comments
Reference
Resume Page
Experience Knowledge Level Comments
Reference
Additional Knowledge and Resume Page

Knowledge Level Comments
Experience Reference
Experience indicated in the matrix is backed up in the individual’s resume.
We have used the following ratings in order to accurately reflect the skill ratings of our team:
Has exposure to education in the subject area but has not used this
U Understanding
skill set in practice.
W Working Has limited working experience using this skill set.
Has hands-on experience using this skill set to implement between 2
P Proficient
to 5 projects of various scope/complexity.
Has hands-on experience using this skill set in a key role to
X Expert
implement more than 5 projects of various scope/complexity.
7. Comments and Suggestions on the Statement of Requirements

8. Quality Assurance / Managerial and Control Procedures
9. Equipment and Facilities
10. Bidder's Audit Agency
11. Organization of Firm
12. 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.
5. Individual’s resume, as required in the BDS.
D. Curriculum Vitae for Proposed Personnel

1. Proposed Position:
2. Name of Firm:
3. Name of Staff:
4. Date of Birth: Nationality:
5. Education:
6. Membership of Professional Associations:
7. Other Training:
8. Countries of Work Experience:
9. Languages:
10. Employment Record:
From: _______ To:
Employer:
Positions held:
11. Detailed Tasks Assigned: 12. Work Undertaken that Best Illustrates Capability to
Handle the Tasks Assigned:
Name of assignment or project:
Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:
13. Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience. I understand that any willful
misstatement described herein may lead to my disqualification or dismissal, if engaged.
___________________________________________ Date:
Full name of authorized representative: ___________________________
E. 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
Note to Bidders: This Bid Security should be on the letterhead of the issuing Financial Institution
and should be signed by a person with the proper authority to sign the Bid Security. It should be
included by the Bidder in its bid.
F. 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:
G. Manufacturer’s Authorization
Date: .
Alternative No:
To:
WHEREAS , who are official manufacturers of , having factories at , do hereby authorize located
at (hereinafter the "Bidder") to submit a bid in relation to the Invitation for Bids indicated above,
the purpose of which is to provide the following Information Technologies and other Goods,
manufactured by us:
and other Goods,
and to subsequently negotiate and sign the Contract with you.
We hereby confirm that, in case the bidding results in a Contract between you and the Bidder, the
above-listed products will come with our full standard warranty.
Name:
In the capacity of
Signed:
Part 1: Bidding Procedures Section 5: Eligible Countries
Section 5. Eligible Countries
A. Eligible Countries
All countries are eligible except countries subject to the following provisions.
A country shall not be eligible if:
(c). 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
(d). 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. Background Error! Bookmark not defined.

1. The Public Body Error! Bookmark not defined.
2. Business Objectives of the Public Body Error! Bookmark not defined.
3. Acronyms Used in These Technical Requirements Error! Bookmark not defined.
B. Business Function and Performance RequirementsError! Bookmark not defined.
4. Business Requirements to Be Met by the System Error! Bookmark not defined.
5. Functional Performance Requirements of the System Error! Bookmark not defined.
6. Related Information Technology Issues and Initiatives Error! Bookmark not defined.
C. Technical Specification Error! Bookmark not defined.
1. General Technical Requirements Error! Bookmark not defined.
2. Computing Hardware Specifications Error! Bookmark not defined.
3. Network and Communications Specifications Error! Bookmark not defined.
4. Software Specifications Error! Bookmark not defined.
5. System Management, Administration, and Security Specifications Error! Bookmark
not defined.
6. Service Specifications Error! Bookmark not defined.
7. Documentation Requirements Error! Bookmark not defined.
8. Consumables and Other Recurrent Cost Items Error! Bookmark not defined.
9. Other Non-IT Goods Error! Bookmark not defined.
D. Testing and Quality Assurance Requirements Error! Bookmark not defined.
1. Inspections Error! Bookmark not defined.
2. Pre-commissioning Tests Error! Bookmark not defined.
3. Operational Acceptance Tests Error! Bookmark not defined.
E. Required Format for Technical Offer Error! Bookmark not defined.
1. Description of Information Technologies, Materials, Other Goods, and Services Error!
Bookmark not defined.
2. Item-by-Item Commentary on the Technical Requirements Error! Bookmark not
defined.
3. Preliminary Project Plan Error! Bookmark not defined.
4. Confirmation of Responsibility for Integration and Interoperability of Information
Technologies Error! Bookmark not defined.
Document: Statement of Requirements Section VI of IX Issued by:
F. Technical Offer + Compliance Sheet 1

G. Delivery, Implementation, and Completion Schedule 9
H. Forms to be Attached to the Technical Offer 10
1. List of Proposed Subcontractors 10
2. List of Proposed Software 11
3. List of Custom Materials 12
Document: Statement of Requirements Section VI of IX Issued by:
Supply and Implementation of Wireless Infrastructure

Project on Turnkey Basis for AdU
1. Introduction
People all over the world are reaching out to share information through new and
developing channels. The Information Communication Technology Directorate
Office (ICTDO) of AdU focuses on the intersection of technology, people who use that
technology, policies and regulations that govern the use of that technology and
communities or environments in which that technology is used. Believing its importance
AdU established ICT Directorate Office as the most important office for enhancing
teaching and learning, community service as well as research & development
activities.
When Adigrat University started to integrate ICT in its entire system, it is with full
believe and motive to handle issues related to ICT in the university. Since its
establishment, the ICTDO has been working closely with different sections of the
university to expand ICT services, to create awareness of ICT, to introduce new
technologies into the university. As of now the office has been implemented Main Data
Center (IDS 2000-M), distribution rooms (all-in-one containment), smart class rooms
(RP200), Tele-presence(TP3206), VDI (Virtual Desktop Infrastructure), inter-building
fiber installation and intra- building network installation in the university.
Having this infrastructure, the University need to extend the available services through
new technologies. As part of the University strategy for technological enhancement,
Research, community, teaching and learning and innovation, AdU is planning to
implement wireless Infrastructure development at the university campuses.
The purpose of this project is, therefore, to supply, install, configure, Training, testing
and commissioning new wireless Infrastructure for optimization of IT productivity and
resource utilization, to implement WLAN to cover all buildings with network to access
and share resources amongst the University community. The University therefore invites
interested, experienced and qualified companies to come up with their solution.
Document: Statement of Requirements Page 1 of 12 Issued by:
Important Note:
• It is mandatory to conduct site survey in order to get comprehensive understanding
and come up with complete competitive solution.
• It is important to consider these requirements as minimum and generic. Bidders
are expected to come with their complete competitive solutions.
• As the project is on turnkey basis, partial offer will be automatically rejected.
2. Project Objective
Assist the Adigrat University meet its mission and vision through Information Technology. To
build wireless infrastructure we have put together an RFP consisting wireless LAN infrastructure.
3. Project Scope
The project scope of work includes but not limited to the followings:
• Supply switches, Network management system and accessories hardware along
with necessary software licenses
• Supply of Wireless Access Points and Wireless controller hardware/software
systems along with necessary licenses
• Design, install and configure wireless network devices, document and train ICT
professionals
• Provide three years outright warranty for hardware and software replacement and
repair, Provide five years of technical support after acceptance
4. Expected Deliverables
4.1. Expected Documents
a. Wireless Network Infrastructure design document including all facilities
and descriptions.
b. Design and implementation documents of wireless network infrastructure
c. Training manuals on
Installation and configuration of wireless APs, wireless controller
and NMS
d. Proposed trainings (abroad and onsite) and industrial certifications should
be provided with both technical and financial documents.
e. High level design documents for wireless infrastructure on this proposal
including all facilities and descriptions etc.
5. Project Period
The maximum delivery time should be less than 90 days (three months) after contract signing.
6. Technical Specifications
The below stated technical specification are minimum requirement of the organization. Bidders
are encouraged to propose better technologies which serve the required purpose. In situation
where the propose system don’t comply with the specification provided, bidders should present
convincing technical explanation and the benefits we get if by taking your proposal.
Adigrat University Wireless Installation National Bid for 2010 E.C Lot: 1
Rno Item Minimum Requirement Unit Qty Unit Total Remark

price Price
1 Indoor Wireless Basic features Support 802.11ac wave 2 standards, 4 x set 35

Access point 4 MIMO and four spatial streams
800 Mbit/s at 2.4 GHz; 1.7 Gbit/s at 5
GHz; and 2.5 Gbit/s for the device
Antenna type Built-in
Environmental Operating temperature：–10℃ to

specifications +50℃
Storage temperature：–10℃ to +70℃
Operating humidity：5% to 95% (non-
condensing)
Waterproof and dustproof grade：IP41
2 Outdoor Wireless Basic features Support 802.11ac 3 x 3 Multiple-Input set 120

access point Multiple-Output (MIMO) chips, energy-
efficient design, and a rate of up to 1.7
Gbit/s

condensing)
3 High density indoor Basic features Support 802.11ac 2x2 Multiple-Input set 42
wireless access Multiple-Output (MIMO) chips, energy-
point efficient design, and a rate of up to 2.5
Gbit/sIt shall be used in the high density
scenario

condensing)
4 Access controller general Should consider all the management of set 2

the Aps. They should work as
redundant system.
5 24 Port Full Switching 320Gbit/s set 50 Based on

POE/half Poe or capacity site survey,
normal Switch Forwarding 90Mpps bidders
performance should
Fixed ports 24x10/100/1000Base-T PoE Ethernet consider all
ports, 4x10GE SFP+ ports inputs to

propose the
6 48 port Full POE/ Switching 320Gbit/s set 36
type of
half poe / normal capacity
switch as it
Switch Forwarding 130Mpps
fits
performance
Fixed ports 48x10/100/1000Base-T PoE Ethernet

ports, 4x10GE SFP+ ports
7 Single Mode Fiber Fiber cable - Single-Mode 12-core loose tube armoured Meters 7000 Based on
outdoor cable - 9/125 cable. Suitable for direct burial, site survey,
rodent resistant and waterproof. Must be provided on reel bidders
(will not be accepted without storage reel). New and should
complete reel of fiber optic single-mode 9/125 cable. consider the
Evidence of Single-mode cable must be provided on cable. geographical
8 Multimode Fiber Fiber cable - Multi-Mode 12-core loose tube armoured Meters 1500 location of
outdoor cable - 50/125 cable. Suitable for direct burial, all points to
rodent resistant and waterproof. Must be provided on reel select and
(will not be accepted without storage reel). New and propose the
complete reel of fiber optic Multi-mode 50/125 cable. type and
Evidence of Multi-mode cable must be provided on cable. quantity of
fiber
9 Fiber optic cable - Fiber optic duplex cable - multi mode - LC-LC connectors - pcs 200
multi-mode cable 5m length
50/125mm - Duplex
- LC-LC connector -
5m length
10 Fiber optic cable - Fiber optic duplex cable - single mode - LC-LC connectors - pcs 200
single-mode cable 5m length. Both cables should be attached together
9/125mm - Duplex -
LC-LC connector -
5m length
11 Fiber Optic Patch 19" (inch) rack mounted 12 port fiber patch panel - LC pcs 150
panel 12 port with connectors - Infalink make is preferable
cable management -
LC connectors - 1U -
rack mounted
12 Fiber optic pigtail Single mode fiber pigtail - 9/125mm - LC connector pcs 80
cable - 9/125mm -
single mode - LC
connector
13 Fiber optic pigtail Multi mode fiber pigtail - 50/125mm - LC connector pcs 80
cable - 50/125mm -
multi mode - LC
connector
14 UTP Patch panel - Rack mounted patch panel - Infalink or mini-pro make or Pcs 200
48 port UTP CAT6 - other equivalent
Infalink or mini-pro
make or other
equivalent
15 UTP Patch panel - Rack mounted patch panel - Infalink or mini-pro make or Pcs 200
24 port UTP CAT6 - other equivalent
Infalink or mini-pro
make or other
equivalent
16 Switch cabinet - 9u - Prebuilt/constructed 9u switch cabinet and it should have Pcs 100 Based on
wall mounted - its own built-in PDU and UPS(as it applies). The cabinet site survey
should include all accessories for installation. and switches
they
propose,
bidders
should make
sure all
proposed
cabinets
should
incorporate
the switches
and ups
17 Video Surveillance Maximum 16 channels,256 Mbit/s BW, pcs 1

System access channels
Disks Two Disks, supporting Raid 0 and Raid 1
Network ports 1 x 10/100/1,000 Mbit/s Ethernet port,

8 x 10/100 Mbit/s Ethernet ports, PoE
supported
Cabinet 19-inch 1U cabinet
18 Network Bullet image sensor 2 .0 megapixel progressive scan CMOS, pcs 16

Camera and pixel 1920(H)×1080(V) pixels,
Day/Night Auto/Color/Monochrome (removable

mode infrared-cut filter),
Angular Field of Horizontal: 96°(Wide) ~ 36°(Tele)

View Vertical: 51°(Wide) ~ 20°(Tele)
Network TCP, UDP, IPv4, DHCP, DNS, ICMP,

protocol IGMP, HTTP, HTTPS, SFTP, RTP,RTSP,
RTCP, SIP, ARP, TLS, NTP,
SNMP(V1/V2/V3), 802.1x, QoS, DDNS,
FTP, SSL, and SSH
Security mode User name and password

authentication, 802.1x , and HTTPS
digital certificate
Anti-corrosion Satisfies the ISO9223 Class C4
environment,
complies with IEC60068-2-11
19 UPS Battery Value regulated lead-acid battery 6-gfm-100, 12v pcs 128
100Ah(c10) for UPS System
20 Network access Access Control Provides unified network access policies set 1
management Manager and supports multiple authentication
system methods such as 802.1X, Portal, MAC
address, and SACG authentication. This
implements unified access
management on users from wired,
wireless or VPN networks.
Free Mobility Support users receive the same service

Manager experience when they move on the
network.
Provides user group–based QoS policy
configuration to preferentially forwards
VIP users' data traffic when there are
few network resources, delivering high
QoE for VIP users.
Guest Manager Provides full lifecycle guest

management, including account
application, approval, distribution,
authentication, auditing, and
deregistration.
21 Network general Should consider all the devices set 1 Should be

management management license such as platform, compatible
system server manager, storage manager, with the
WLAN Manager, network traffic existing
analyzer manager, facilities (eSight)
infrastructure manager, uc/cc device managemen
manager, telepresence device manager, t system
ipsec vpn manager. The management
scale should be up to 5000
22 Module transceiver 1GE transceiver 10GE Single model transceiver pcs 80 Access
1GE transceiver 1GE multiple model transceiver pcs 10 connection

of our
campus
considers a
10G
connection,
and bidders
should
propose the
modules as
it fits based
on site
survey
23 NOC (Network 75" LED Screen including all of the cabling system, set 3 Should be
Operation Center) installation and integration with university existing NMS. compatible
with the
existing
NOC and
NMS
24 Accessories All accessories such as decoration, poles, electrical

equipment’s, fiber related components, UTP cable and
related units, Network equipment, installations and other
relevant materials for successful deployment of the
solution should be considered.
25 Installation, Successful Bidders are required to install, commission, and

Commissioning, and test all wireless network facilities after delivery.Successful
testing Bidders are required to extend the optic fiber lines to the
selected locations asper the university guidance from the
nearby building or the university data center. They are also
required to make necessary splicing and expansion of fiber
lines. Any form of deformations or changes to the building
or other facilities during installation, commissioning, and
testing must be patched or repaired or restored by the
supplier/winner.
26 Relevant Trainings On-Site Successful Bidders are required to numbe 5

& Visits Trainings arrange germane onsite trainings for r
the AdU-ICT staffs covering all
concomitant expenses during & after
installation & commissioning.
On-factory Successful Bidders are required to numbe 5

Trainings & arrange visits to factories and on- r
Visits factory trainings (on Facilities
installation, configuration, &
management) & certifications prior to
the start of installation works covering
all concomitant expenses (per-dime +
certification fees + Air transport fares).
27 Handheld two-way The handheld two-way radio should be more portable and set 20 includes all
radio durable. It should have a rubberized shell. Besides, the the
two-way handheld radio should have the following accessories
features• Almost indestructible. The rubberized shell is such as
very hard to crack.• Feels good in your hand. The charger,
ergonomic shape helps you hang on.• Boost the signal battery,
with a repeater. If you have a GMRS license, you can use a antenna,
repeater to boost this radio’s signal.• Waterproof. This belt clip,
IP67 certified hand radio floats and can withstand headphone,
submersion for 30 minutes.• Good battery life. You can earphone,
use the handheld two-way radio all day long and it won’t case
run out of battery.• Scans for NOAA weather alerts. This
standard feature lets you know when a storm is blowing
your way.• 35 mile maximum range. The signal stays
strong across long distances.
Total Price
Important Notes:
1) The winner will be determined according the grand total of price but only if the provider meets the minimum technical requirement’s
(see a separate evaluation criteria document).
2) Bidders shall present two copies of technical and financial documents.
3) Consider as a set (including all minimum requirements for the solution). Any missed item for the solution is the responsibility of the
winner.
4) Put total cost for installation, training for at least five university ICT staffs for this purpose.
5) The winner is expected to conduct the installation as per the request of the university. (The winner is responsible to install all the listed
items as per the request of the University)
6) Bidders should conduct site survey to provide appropriate solution and should get final approval from AdU ICT. The site survey
(mandatory) will be conducted on May 21, 2018 and May 23, 2018 10:00 AM at the university
7) The on-factory training should be conducted ahead of material delivery to the university.
8) The management of the system should be interoperable with university data center management system.
7. Training
Bidders should give special emphasis to knowledge transfer. Training types categorized in to
two, 1) on factory training 2) onsite training
Bidders must provide a detailed schedule of training courses including course profiles, for
personnel to attend, and minimum number of candidates as stated in the bid document and
duration as well prerequisite skills.
Suppliers should describe their approach to training planning, design and delivery. Training
must be coordinated with the implementation of wireless infrastructure. The Supplier must
provide a training plan as part of the project management plan in the technical proposal.
Comprehensive training documents MUST be provided in the English language, including where
possible on-line help. The cost of all training must be included in the Supplier’s total solution
cost.
The Design, Implementation and Administration of Camus WLAN Infrastructure Training course
should have on factory Training for 5 AdU ICT staffs and onsite Training. For the on factory
training, bidders should indicate the training institution where the course will be provided;
training place should be specified and cost should include full expenses related to the training
SBD- Information Systems (ICB) - Prepared by the FPPA (Version 1, October 2011)
A. Technical Offer + Compliance Sheet

Place and Date
Alternative No.:
To:
Ethiopia
Bidder's Evaluation Committee's Remark
Technical
Commentary on on Specification Offered
Line Subsystem / Specificati Unit of Specifica
Item Component /
Compliance of Overall
on Measur Qty tion
No. Specification Compliance
Item Reference e Offered Observations
Offered
Number yes no
1 2 3 4 5 6 7 8 9 10
Name
Signed
Dated on [insert day] day of ], 20Attachments:
1. Documentary technical evidence in accordance with ITB Clause 17 (if required in BDS);
2. Preliminary project Plan in accordance with ITB Clause 17.2(c);
3. Written Confirmation of Responsibility for Integration and Interoperability of Information Technologies
in accordance with ITB Clause 17.2(d);
4. Manufacturer Authorization Letter in accordance with ITB Clause 5.6;
5. List of Proposed Subcontractors;
6. List of Proposed Software;
7. List of Custom Materials.
B. Delivery, Implementation, and Completion Schedule

Place and Date
Alternative No.:
To:
Ethiopia
Delivery Install
Liquid
(Bidder to ation Acceptance Delivery
Technical ated
Line Subsystem / Unit of specify in (weeks (weeks Completio
Specification Quantit Site / Site Dama
Item Component / Measur the from from n period
Reference y Code ges
No. Item e Prelimina Effecti Effective (days/week
No. Milest
ry Project ve Date) s/months)
one
Plan) Date)
1 2 3 4 5 6 7 8 9 10 11
Name
Signed
C. Forms to be Attached to the Technical Offer

1. List of Proposed Subcontractors
Place of Registration &

No. Item Proposed Subcontractor
Qualifications
2. List of Proposed Software
General-
No. Software Item System Application Standard Custom
Purpose
Software Software Software Software
Software
3. List of Custom Materials
No. Custom Materials
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 6
3. Relationship of the Parties 6
4. Due Diligence 6
5. Fraud and Corruption 7
6. Interpretation 8
B. The Contract 8
7. Contract Documents 8
8. Governing Law 9
9. Language 9
10. Notices and written communications 9
11. Authorized Representatives 9
12. Assignment 11
13. Subcontracting 11
14. Changes in Contract Elements 12
15. Change in Laws and Regulations 14
16. Taxes and Duties 14
17. Force Majeure 15
18. Breach of Contract 16
19. Suspension of Assignment 16
20. Termination 16
21. Arrangements on Termination 20
22. Cessation of Rights and Obligations 21
23. Settlement of Disputes 21
24. Liquidated Damages 21
25. Confidentiality 22
26. Copyright 23
27. Software License Agreements 24
28. Commencement and Operational Acceptance 25
29. Miscellaneous 25
C. Obligations of the Public Body 25
Document: General Conditions of Contract Section VII of IX Issued by:
30. Provision of Assistance 25

D. Payment 27
31. Contract Price 27
32. Price Adjustments 27
33. Mode of Billing and Terms of Payment 27
E. Obligations of the Supplier 28
34. Supplier’s Responsibilities 28
35. Joint Venture, Consortium or Association 29
36. Eligibility 29
37. Code of Conduct 30
38. Conflict of Interests 31
39. Accounting, Inspection and Auditing 31
40. Data Protection 31
41. Review 32
42. Performance Security 32
F. Performance of the Contract 32
43. Scope of the System 33
44. Project Plan 33
45. Design and Engineering 33
46. Delivery 35
47. Packing, Marking, and Documents 35
48. Containers and Pallets 36
49. Product Upgrades 36
50. Implementation, Installation, and Other Services 37
51. Inspections and Tests 37
52. Installation of the System 38
53. Commissioning and Operational Acceptance 38
54. Extension of Time for Achieving Operational Acceptance 40
55. Performance Measurement 41
G. Guaranties and Liabilities 41
56. Operational Acceptance Time Guarantee 41
57. Defect Liability 42
58. Functional Guarantees 44
59. Intellectual Property Rights Warranty 44
60. Intellectual Property Rights Indemnity 45
61. Limitation of Liability 46
H. Risk distribution 46
62. Transfer of Ownership 46
63. Care of the System 47
64. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification 48

65. Insurances 49
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). "Application means Software formulated to perform specific business or technical

Software" functions and interface with the business or technical users of the
System and is identified as such in Appendix 2 of the Contract
Agreement and such other Software as the parties may agree in
writing to be Application Software;
(b). "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;
(c). "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;
(d). "Commissioning" means operation of the System or any Subsystem by the Supplier
following Installation, which operation is to be carried out by the
Supplier as provided in GCC Clause 53.1 (Commissioning), for the
purpose of carrying out Operational Acceptance Test(s);
(e). "Completion" means the fulfillment of the Contract by the Supplier in accordance
with the terms and conditions set forth in the Contract;
(f). "Contract Agreement" means the agreement entered into between the Public Body and the
Supplier using the form of Contract Agreement contained in the
Section 9 of the Bidding Documents and any modifications to this
form agreed to by the Public Body and the Supplier. The date of the
Contract Agreement shall be recorded in the signed form.
(g). "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;
(h). "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;
(i). "Contract Period" is the time period during which this Contract governs the relations
and obligations of the Public Body and Supplier in relation to the
Document: General Conditions of Contract Page 1 of 50 Issued by:
System, as specified in the SCC;

(j). "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;
(k). "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. The Contract
Agreement and the Contract Documents shall constitute the
Contract, and the term “the Contract” shall in all such documents be
construed accordingly.
(l). "Coverage Period" means the Days of the Week and the hours of those Days during
which maintenance, operational, and/or technical support services (if
any) must be available;
(m). "Custom Materials" means Materials developed by the Supplier at the Public Body’s
expense under the Contract and identified as such in Appendix 3 of the
Contract Agreement and such other Materials as the parties may agree
in writing to be Custom Materials. Custom Materials includes Materials
created from Standard Materials.
(n). "Custom Software" means Software identified as such in Appendix 2 of the Contract
Agreement and such other Software as the parties may agree in
writing to be Custom Software;
(o). "Day" means calendar day of the Gregorian Calendar;
(p). "Defect Liability (also referred to as the “Warranty Period”) means the period of
Period" validity of the warranties given by the Supplier commencing at date
of the Operational Acceptance Certificate of the System or
Subsystem(s), during which the Supplier is responsible for defects
with respect to the System (or the relevant Subsystem[s]) as
provided in GCC Clause 57 (Defect Liability);
(q). "Delivery" means the transfer of the Information System and other Goods from
the Supplier to the Public Body in accordance with the terms and
conditions set forth in the Contract;
(r). "Effective Date" means the date of fulfillment of all conditions specified in Article 2
(Effective Date for Determining Time for Achieving Operational
Acceptance) of the Contract Agreement, for the purpose of
determining the Delivery, Installation, and Operational Acceptance
dates for the System or Subsystem(s);
(s). "Eligible Countries" means the countries and territories eligible for participation in
procurements as listed in Section 5 of the Bidding Document;
(t). "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;
(u). "General-Purpose means Software that supports general-purpose office and software
Software" development activities and is identified as such in Appendix 2 of the
Contract Agreement and such other Software as the parties may
agree in writing to be General- Purpose Software. Such General-
Purpose Software may include, but is not restricted to, word
processing, spreadsheet, generic database management, and
application development software.

(v). "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 Information
System and other Goods similar to the Information System and other
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;
(w). "Goods" means all equipment, machinery, furnishings, materials, and other
tangible items that the Supplier is required to supply or supply and
install under the Contract, including, without limitation, the
Information Technologies and materials, but excluding the
Supplier’s Equipment;
(x). "Government" means the Government of the Federal Democratic Republic of
Ethiopia;
(y). "In writing" shall be interpreted to include any document which is recorded in
manuscript or typescript;
(z). "Information System" also called "the System", means all the Information Technologies,
Materials, and other Goods to be supplied, installed, integrated, and
made operational (exclusive of the Supplier’s Equipment), together
with the Services to be carried out by the Supplier under the
Contract;
(aa)."Information means all information processing and communications-related
Technologies" hardware, Software, supplies, and consumable items that the
Supplier is required to supply and install under the Contract;
(bb). "Installation" means that the System or a Subsystem as specified in the Contract is
ready for Commissioning as provided in GCC Clause 52
(Installation);
(cc)."Intellectual Property means any and all copyright, moral rights, trademark, patent, and
Rights" other intellectual and proprietary rights, title and interests
worldwide, whether vested, contingent, or future, including without
limitation all economic rights and all exclusive rights to reproduce,
fix, adapt, modify, translate, create derivative works from, extract or
re-utilize data from, manufacture, introduce into circulation, publish,
distribute, sell, license, sublicense, transfer, rent, lease, transmit or
provide access electronically, broadcast, display, enter into computer
memory, or otherwise use any portion or copy, in whole or in part,
in any form, directly or indirectly, or to authorize or assign others to
do so;
(dd). "Liquidated means the compensation stated in the contract as being payable by
damages" Supplier to the Public Body for failure to perform the contract or
part thereof within the periods under the contract, or as payable by
Supplier to the Public Body for any specific breach identified in the
contract;
(ee)."Materials" means all documentation in printed or printable form and all
instructional and informational aides in any form (including audio,
video, and text) and on any medium, provided to the Public Body
under the Contract;
(ff). "Member" means any of the entities that make up the joint venture / consortium
/ association; and “Members” means all these entities;
(gg). "Operational means the tests specified in the Technical Requirements and Agreed
Acceptance Tests" and Finalized Project Plan to be carried out to ascertain whether the
System, or a specified Subsystem, is able to attain the functional and
performance requirements specified in the Technical Requirements
and Agreed and Finalized Project Plan, in accordance with the
provisions of GCC Clause 53.2 (Operational Acceptance Test);
(hh). "Operational means the acceptance by the Public Body of the System (or any
Acceptance" Subsystem(s) where the Contract provides for acceptance of the
System in parts), in accordance with GCC Clause 53.3 (Operational
Acceptance)
(ii). "Party" means the Public Body or the Supplier and includes their permitted
successors and “Parties” means both of them;
(jj). "Post-Warranty means the number of years defined in the SCC (if any), following
Services Period" the expiration of the Warranty Period during which the Supplier may
be obligated to provide Software licenses, maintenance, and/or
technical support services for the System, either under this Contract
or under separate contract(s);
(kk). "Pre- means the testing, checking, and any other required activity that may
commissioning" be specified in the Technical Requirements that are to be carried out
by the Supplier in preparation for Commissioning of the System as
provided in GCC Clause 52 (Installation);
(ll). "Project Manager" means the person named as such in the SCC or otherwise appointed
by the Public Body in the manner provided in GCC Clause 11.1
(Project Manager) to perform the duties delegated by the Public
Body;
(mm). "Project Plan" means the document to be developed by the Supplier and approved
by the Public Body, pursuant to GCC Clause 44, based on the
requirements of the Contract and the Preliminary Project Plan
included in the Supplier’s bid. The “Agreed and Finalized Project
Plan” is the version of the Project Plan approved by the Public
Body, in accordance with GCC Clause 44.2. Should the Project Plan
conflict with the Contract in any way, the relevant provisions of the
Contract, including any amendments, shall prevail.
(nn). "Project Site(s)" means the place(s) specified in the SCC for the supply and
installation of the System;
(oo). "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 Information System and other
Goods, as named in the SCC;
(pp). "Purchase Order" or acronym "PO" means an individual order for Information System
and other Goods 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;
(qq). "Services" means all technical, logistical, management, and any other Services
to be provided by the Supplier under the Contract to supply, install,
customize, integrate, and make operational the System. Such
Services may include, but are not restricted to, activity management
and quality assurance, design, development, customization,

documentation, transportation, insurance, inspection, expediting, site
preparation, installation, integration, training, data migration, Pre-
commissioning, Commissioning, maintenance, and technical
support;
(rr). "Software" means that part of the System which are instructions that cause
information processing Subsystems to perform in a specific manner
or execute specific operations;
(ss). "Source Code" means the database structures, dictionaries, definitions, program
source files, and any other symbolic representations necessary for
the compilation, execution, and subsequent maintenance of the
Software (typically, but not exclusively, required for Custom
Software)
(tt). "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;
(uu). "Standard
means all Materials not specified as Custom Materials;
Materials"
(vv). "Standard means Software identified as such in Appendix 2 of the Contract
Software" Agreement and such other Software as the parties may agree in
writing to be Standard Software;
(ww). "Subcontractor" means any natural person, private or government entity, or a
combination of the above, including its legal successors or permitted
assigns with whom the Supplier contracts for the supply or
execution of any part of the Information System to be provided by
the Supplier under the Contract (such as the supply of major
hardware, software, or other components of the required Information
Technologies specified, or the performance of related Services, e.g.,
software development, transportation, installation, customization,
integration, commissioning, training, technical support,
maintenance, repair, etc.).
(xx). "Subsystem" means any subset of the System identified as such in the Contract
that may be supplied, installed, tested, and commissioned
individually before Commissioning of the entire System;
(yy). "Supplier" means a natural or juridical person under contract with a Public
Body to supply Information System and other Goods;
(zz)."Supplier’s means all equipment, tools, apparatus, or things of every kind
Equipment" required in or for installation, completion and maintenance of the
System that are to be provided by the Supplier, but excluding the
Information Technologies, or other items forming part of the
System.
(aaa). "Supplier’s means any person nominated by the Supplier and named as such in
Representative" the Contract Agreement or otherwise approved by the Public Body
in the manner provided in GCC Clause 11.2 (Supplier’s
Representative) to perform the duties delegated by the Supplier
(bbb). "System Software" means Software that provides the operating and management
instructions for the underlying hardware and other components, and is
identified as such in Appendix 2 of the Contract Agreement and such
other Software as the parties may agree in writing to be Systems
Software. Such System Software includes, but is not restricted to,
micro-code embedded in hardware (i.e., “firmware”), operating

systems, communications, system and network management, and utility
software.
2. Appointment
2.1 The Public Body appoints the Supplier to perform the Contract:
(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.
3. Relationship of the Parties
3.1 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.
3.2 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.
3.3 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.
4. Due Diligence
4.1 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.
4.2 Any disputes relating to due diligence shall be resolved in accordance with the Ethiopian Law.
5. Fraud and Corruption
5.1 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.
5.2 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 39.2.
5.3 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.
5.4 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.
5.5 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.
5.6 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.
6. Interpretation
6.1 If the context so requires it, singular means plural and vice versa.
6.2 In these terms and conditions, words referring any particular gender include all other genders.
6.3 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.
6.4 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.
6.5 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.
6.6 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.
6.7 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
7. Contract Documents
7.1 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). The Contract Agreement and the Appendices attached to the Contract Agreement;
(b). The Special Conditions of Contract;
(c). The General Conditions of Contract;
(d). Bid Submission Sheet with Annexes;
(e). Price Schedule;

(f). Bidder Certification of Compliance with Annexes;
(g). Technical Specification + Technical Offer + Compliance Sheet with Annexes;
(h). Any other document listed in the SCC as forming part of the Contract.
7.2 All documents forming the Contract are intended to be correlative, complementary, and mutually
explanatory.
7.3 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.
7.4 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.
8. Governing Law
8.1 The Contract shall be governed by and interpreted in accordance with the laws of the Federal
Democratic Republic of Ethiopia, unless otherwise specified in SCC.
9. Language
9.1 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 language specified in the SCC.
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 language specified in the SCC. For purposes of interpretation of the Contract, this
translation shall govern.
9.2 The Supplier shall bear all costs of translation to the governing language and all risks of the
accuracy of such translation.
10. Notices and written communications
10.1 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.
10.2 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.
10.3 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.
11. Authorized Representatives
11.1 Project Manager

(a). If the Project Manager is not named in the Contract, then within fourteen (14) days of the
Effective Date, the Public Body shall appoint and notify the Supplier in writing of the name
of the Project Manager. The Public Body may from time to time appoint some other person as
the Project Manager in place of the person previously so appointed and shall give a notice of
the name of such other person to the Supplier without delay. No such appointment shall be
made at such a time or in such a manner as to impede the progress of work on the System.
Such appointment shall take effect only upon receipt of such notice by the Supplier. Subject
to the extensions and/or limitations specified in the SCC (if any), the Project Manager shall
have the authority to represent the Public Body on all day-to-day matters relating to the
System or arising from the Contract, and shall normally be the person giving or receiving
notices on behalf of the Public Body pursuant to GCC Clause 10.
11.2 Supplier’s Representative
(a). If the Supplier’s Representative is not named in the Contract, then within fourteen (14) days
of the Effective Date, the Supplier shall appoint the Supplier’s Representative and shall
request the Public Body in writing to approve the person so appointed. The request must be
accompanied by detailed curriculum vitae for the nominee, as well as a description of any
other System or non-System responsibilities the nominee would retain while performing the
duties of the Supplier’s Representative. If the Public Body does not object to the appointment
within fourteen (14) days, the Supplier’s Representative shall be deemed to have been
approved. If the Public Body objects to the appointment within fourteen (14) days giving the
reason thereof, then the Supplier shall appoint a replacement within fourteen (14) days of
such objection in accordance with this GCC Clause 11.2(a).
(b). Subject to the extensions and/or limitations specified in the SCC (if any), the Supplier’s
Representative shall have the authority to represent the Supplier on all day-to-day matters
relating to the System or arising from the Contract, and shall normally be the person giving or
receiving notices on behalf of the Supplier pursuant to GCC Clause 10.
(c). The Supplier shall not revoke the appointment of the Supplier’s Representative without the
Public Body’s prior written consent, which shall not be unreasonably withheld. If the Public
Body consents to such an action, the Supplier shall appoint another person of equal or
superior qualifications as the Supplier’s Representative, pursuant to the procedure set out in
GCC Clause 11.2.(a).
(d). The Supplier’s Representative and staff are obliged to work closely with the Public Body’s
Project Manager and staff, act within their own authority, and abide by directives issued by
the Public Body that are consistent with the terms of the Contract. The Supplier’s
Representative is responsible for managing the activities of its personnel and any
subcontracted personnel.
(e). The Supplier’s Representative may, subject to the approval of the Public Body (which shall
not be unreasonably withheld), at any time delegate to any person any of the powers,
functions, and authorities vested in him or her. Any such delegation may be revoked at any
time. Any such delegation or revocation shall be subject to a prior notice signed by the
Supplier’s Representative and shall specify the powers, functions, and authorities thereby
delegated or revoked. No such delegation or revocation shall take effect unless and until the
notice of it has been delivered.
(f). Any act or exercise by any person of powers, functions and authorities so delegated to him or
her in accordance with GCC Clause 11.2.(e) shall be deemed to be an act or exercise by the
Supplier’s Representative.
11.3 Objections and Removals
(a). The Public Body may by notice to the Supplier object to any representative or person
employed by the Supplier in the execution of the Contract who, in the reasonable opinion of
the Public Body, may have behaved inappropriately, be incompetent, or be negligent. The
Public Body shall provide evidence of the same, whereupon the Supplier shall remove such
person from work on the System.
(b). If any representative or person employed by the Supplier is removed in accordance with GCC
Clause 11.3(a), the Supplier shall, where required, promptly appoint a replacement..
12. Assignment
12.1 An assignment is a written agreement by which the Supplier transfers its contract or part thereof
to a third party.
12.2 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.
12.3 With the exception of the carriage of the Information Technologies, Materials, and other Goods to
the Location, the Supplier shall not sub-contract the production or supply of any Information
Technologies, Materials, and other Goods without the previous consent in writing of the Public
Body, such consent not to be unreasonably withheld or delayed.
12.4 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.
12.5 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.
12.6 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.
12.7 Every assignment shall be subject to the provisions of this Contract and shall incorporate the
terms and conditions of this Contract.
13. Subcontracting
13.1 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.
13.2 Appendix 1 (List of Approved Subcontractors) to the Contract Agreement specifies critical items
of supply or services and a list of Subcontractors for each item that are considered acceptable by
the Public Body. The Supplier may, at its discretion, select and employ Subcontractors for
such critical items from those Subcontractors listed pursuant to this GCC Clause.
13.3 The Supplier may from time to time propose additions to or deletions from any such list. In
the event the Supplier requires the supply or services of sub-contractors that are not included in
the List of Approved Subcontractors, the Supplier shall obtain the prior written approval and
clearance of Public Body for all sub-contractors. The supply or 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.
13.4 The terms of any sub-contract shall be subject to and conform to the provisions of this Contract.
13.5 The Public Body shall have no contractual relations with the Sub-Contractors.
13.6 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.
13.7 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.
13.8 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.
13.9 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.
14. Changes in Contract Elements
14.1 Introducing a Change

(a). Subject to GCC Clauses 14.2(e) and 14.2(g), the Public Body shall have the right to propose,
and subsequently require, the Project Manager to order the Supplier from time to time during
the performance of the Contract to make any change, modification, addition, or deletion to,
in, or from the System (interchangeably called “Change”), provided that such Change falls
within the general scope of the System, does not constitute unrelated work, and is technically
practicable, taking into account both the state of advancement of the System and the technical
compatibility of the Change envisaged with the nature of the System as originally specified in
the Contract. A Change may involve, but is not restricted to, the substitution of updated
Information Technologies and related Services in accordance with GCC Clause 49 (Product
Upgrades).
(b). The Supplier may from time to time during its performance of the Contract propose to the
Public Body (with a copy to the Project Manager) any Change that the Supplier considers
necessary or desirable to improve the quality or efficiency of the System. The Public Body
may at its discretion approve or reject any Change proposed by the Supplier.
(c). Notwithstanding GCC Clauses 14.1(a) and 14.1(b), no change made necessary because of any
default of the Supplier in the performance of its obligations under the Contract shall be
deemed to be a Change, and such change shall not result in any adjustment of the Contract
Price or the Time for Achieving Operational Acceptance.
(d). The procedure on how to proceed with and execute Changes is specified in GCC Clauses 14.2
and 14.3, and further details and sample forms are provided in the Bidding Documents.
(e). Moreover, the Public Body and Supplier will agree, during development of the Project Plan,
to a date prior to the scheduled date for Operational Acceptance, after which the Technical
Requirements for the System shall be “frozen.” Any Change initiated after this time will be
dealt with after Operational Acceptance.
14.2 Changes Originating from Public Body

(a). If the Public Body proposes a Change pursuant to GCC Clauses 14.1(a), it shall send to the
Supplier a “Request for Change Proposal,” requiring the Supplier to prepare and furnish to
the Project Manager as soon as reasonably practicable a “Change Proposal,” which shall
include the following:
(i) brief description of the Change;
(ii) impact on the Time for Achieving Operational Acceptance;
(iii) detailed estimated cost of the Change;
(iv) effect on Functional Guarantees (if any);
(v) effect on any other provisions of the Contract.
(b). Prior to preparing and submitting the “Change Proposal,” the Supplier shall submit to the
Project Manager a “Change Estimate Proposal,” which shall be an estimate of the cost of
preparing the Change Proposal, plus a first approximation of the suggested approach and cost
for implementing the changes. Upon receipt of the Supplier’s Change Estimate Proposal, the
Public Body shall do one of the following:
(i) accept the Supplier’s estimate with instructions to the Supplier to proceed with the
preparation of the Change Proposal;
(ii) advise the Supplier of any part of its Change Estimate Proposal that is unacceptable and
request the Supplier to review its estimate;
(iii) advise the Supplier that the Public Body does not intend to proceed with the Change.
(c). Upon receipt of the Public Body’s instruction to proceed under GCC Clause 14.2(b)(i), the
Supplier shall, with proper expedition, proceed with the preparation of the Change Proposal,
in accordance with GCC Clause 14.2.(a). The Supplier, at its discretion, may specify a
validity period for the Change Proposal, after which if the Public Body and Supplier has not
reached agreement in accordance with GCC Clause 14.2.(f), then GCC Clause 14.2.(g) shall
apply.
(d). The pricing of any Change shall, as far as practicable, be calculated in accordance with the
rates and prices included in the Contract. If the nature of the Change is such that the Contract
rates and prices are inequitable, the parties to the Contract shall agree on other specific rates
to be used for valuing the Change.
(e). If before or during the preparation of the Change Proposal it becomes apparent that the
aggregate impact of compliance with the Request for Change Proposal and with all other
Change Orders that have already become binding upon the Supplier under this GCC Clause
14 would be to increase or decrease the Contract Price by more than fifteen (15) percent, the
Supplier may give a written notice of objection to this Request for Change Proposal prior to
furnishing the Change Proposal. If the Public Body accepts the Supplier’s objection, the
Public Body shall withdraw the proposed Change and shall notify the Supplier in writing of
its acceptance.
The Supplier’s failure to so object to a Request for Change Proposal shall neither affect its
right to object to any subsequent requested Changes or Change Orders, nor affect its right to
take into account, when making such subsequent objection, the percentage increase or
decrease in the Contract Price that any Change not objected to by the Supplier represents.
(f). Upon receipt of the Change Proposal, the Public Body and the Supplier shall mutually agree
upon all matters contained in the Change Proposal. Within fourteen (14) days after such
agreement, the Public Body shall, if it intends to proceed with the Change, issue the Supplier
a Change Order. If the Public Body is unable to reach a decision within fourteen (14) days, it
shall notify the Supplier with details of when the Supplier can expect a decision. If the Public
Body decides not to proceed with the Change for whatever reason, it shall, within the said
period of fourteen (14) days, notify the Supplier accordingly. Under such circumstances, the
Supplier shall be entitled to reimbursement of all costs reasonably incurred by it in the
preparation of the Change Proposal, provided that these do not exceed the amount given by
the Supplier in its Change Estimate Proposal submitted in accordance with GCC Clause
14.2.(b).
(g). If the Public Body and the Supplier cannot reach agreement on the price for the Change, an
equitable adjustment to the Time for Achieving Operational Acceptance, or any other matters
identified in the Change Proposal, the Change will not be implemented. However, this
provision does not limit the rights of either party under GCC Clause 23 (Settlement of
Disputes).
14.3 Changes Originating from Supplier
14.4 If the Supplier proposes a Change pursuant to GCC Clause14.1.(b), the Supplier shall submit to
the Project Manager a written “Application for Change Proposal,” giving reasons for the proposed
Change and including the information specified in GCC Clause 14.2.(a). Upon receipt of the
Application for Change Proposal, the parties shall follow the procedures outlined in GCC Clauses
14.2(f) and 14.2(g). However, should the Public Body choose not to proceed or the Public Body
and the Supplier cannot come to agreement on the change during any validity period that the
Supplier may specify in its Application for Change Proposal, the Supplier shall not be entitled to
recover the costs of preparing the Application for Change Proposal, unless subject to an
agreement between the Public Body and the Supplier to the contrary.
15. Change in Laws and Regulations
15.1 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.
16. Taxes and Duties
16.1 For the Information Technologies, Materials, and other 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.
16.2 At the request of the Public Body, the Supplier will make available a representative or agent
during the process of customs clearance in the Federal Democratic Republic of Ethiopia for goods
supplied from outside the Federal Democratic Republic of Ethiopia. In the event of delays in
customs clearance that are not the fault of the Supplier:
(a). the Supplier shall be entitled to an extension in the Time for Achieving Operational
Acceptance, pursuant to GCC Clause 54;
(b). the Contract Price shall be adjusted to compensate the Supplier for any additional storage
charges that the Supplier may incur as a result of the delay.
16.3 For the Information Technologies, Materials, and other 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 the Information Technologies,
Materials, and other Goods to the Public Body, unless otherwise specified in the SCC.
17. Force Majeure
17.1 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.
17.2 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.
17.3 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.
17.4 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.
17.5 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.
17.6 During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Supplier shall be entitled to continue to be paid under the terms of the Contract as
well as to be reimbursed for additional costs reasonably and necessarily incurred by them during
such period for the purposes of the Services and in reactivating the Services after the end of such
period.
17.7 Not later than thirty (30) days after the Supplier, as the result of an event of Force Majeure, has
become unable to fulfill its obligations under the Contract, 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..
18. Breach of Contract
18.1 Either party commits a breach of contract where it fails to discharge any of its obligations under
the specific contract.
18.2 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 24; and/or
(b). Termination of the contract.
18.3 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.
19. Suspension of Assignment
19.1 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 days after
receipt by the Supplier of such notice of suspension.
20. Termination
20.1 Termination shall be without prejudice to any other rights or powers under the contract of the
Public Body and the Supplier.
Termination for Public Body’s Convenience
20.2 The Public Body, in its sole discretion and for any reason whatsoever, may decide to terminate the
Contract by giving the Supplier a notice of termination of not less than sixty days that refers to
this GCC Clause 20.2.
20.3 Upon receipt of the notice of termination under GCC Clause 20.2, the Supplier shall either as soon
as reasonably practical or upon the date specified in the notice of termination:
(a). Cease all further work, except for such work as the Public Body may specify in the notice of
termination for the sole purpose of protecting that part of the System already executed, or any
work required to leave the site in a clean and safe condition;
(b). Terminate all subcontracts, except those to be assigned to the Public Body pursuant to GCC
Clause 20.3(d) (ii) below;
(c). Remove all Supplier’s Equipment from the site, repatriate the Supplier’s and its
Subcontractors’ personnel from the site, remove from the site any wreckage, rubbish, and
debris of any kind;
(d). In addition, the Supplier, subject to the payment specified in GCC Clause 20.4, shall
(i) Deliver to the Public Body the parts of the System executed by the Supplier up to the
date of termination;
(ii) To the extent legally possible, assign to the Public Body all right, title, and benefit of the
Supplier to the System, or Subsystem, as at the date of termination, and, as may be
required by the Public Body, in any subcontracts concluded between the Supplier and its
Subcontractors;
(iii) Deliver to the Public Body all nonproprietary drawings, specifications, and other
documents prepared by the Supplier or its Subcontractors as of the date of termination in
connection with the System
20.4 In the event of termination of the Contract under GCC Clause 20.2, the Public Body shall pay to
the Supplier the following amounts:
(a). The Contract Price, properly attributable to the parts of the System executed by the Supplier
as of the date of termination;
(b). The costs reasonably incurred by the Supplier in the removal of the Supplier’s Equipment
from the site and in the repatriation of the Supplier’s and its Subcontractors’ personnel;
(c). Any amount to be paid by the Supplier to its Subcontractors in connection with the
termination of any subcontracts, including any cancellation charges;
(d). Costs incurred by the Supplier in protecting the System and leaving the site in a clean and safe
condition pursuant to GCC Clause 20.3 (a); and
(e). The cost of satisfying all other obligations, commitments, and claims that the Supplier may in
good faith have undertaken with third parties in connection with the Contract and that are not
covered by GCC Clauses 20.3 (a) through (d) above.
20.5 If the Public Body terminates the Contract in the event specified in GCC Clause 20.2 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.
Termination for Supplier’s Default
20.6 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,
terminate the Contract if:
(a). The supplier has without valid reason failed to commence work on the System promptly or
persistently fails to execute the Contract in accordance with the Contract or persistently
neglects to carry out its obligations under the Contract without just cause;
(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 23.2 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 accumulated liquidated damage reached its maximum as stated in GCC Clause 24.1(b).
20.7 In the event the Public Body terminates the Contract pursuant to the GCC Sub-Clause 20.2 (a) to
(o) the Public Body may, without prejudice to any other rights it may possess under the Contract,
give a notice to the Supplier stating the nature of the default and requiring the Supplier to remedy
the same. If the Supplier fails to remedy or to take steps to remedy the same within fourteen (14)
days of its receipt of such notice, then the Public Body may terminate the Contract forthwith by
giving a notice of termination to the Supplier that refers to GCC Sub-Clause 20.6 (a) to (o).
20.8 Upon receipt of the notice of termination under GCC Sub-Clause 20.6 (a) to (o), the Supplier
shall, either immediately or upon such date as is specified in the notice of termination:
(a). Cease all further work, except for such work as the Public Body may specify in the notice of
termination for the sole purpose of protecting that part of the System already executed or any
work required to leave the site in a clean and safe condition;
Clause 20.8(d) below;
(c). Deliver to the Public Body the parts of the System executed by the Supplier up to the date of
termination;
(d). To the extent legally possible, assign to the Public Body all right, title and benefit of the
Supplier to the System or Subsystems as at the date of termination, and, as may be required
by the Public Body, in any subcontracts concluded between the Supplier and its
Subcontractors;
(e). Deliver to the Public Body all drawings, specifications, and other documents prepared by the
Supplier or its Subcontractors as at the date of termination in connection with the System.
20.9 The Public Body may enter upon the site, expel the Supplier, and complete the System itself or by
employing any third party. Upon completion of the System or at such earlier date as the Public
Body thinks appropriate, the Public Body shall give notice to the Supplier that such Supplier’s
Equipment will be returned to the Supplier at or near the site and shall return such Supplier’s
Equipment to the Supplier in accordance with such notice. The Supplier shall thereafter without
delay and at its cost remove or arrange removal of the same from the site.
20.10 In the event of any termination by the Public Body under this Clause, for the avoidance of doubt,
the Supplier shall be entitled to be paid the Contract Price attributable to the portion of the System
executed as at the date of termination and the costs, if any, incurred in protecting the System and
in leaving the site in a clean and safe condition pursuant to the GCC Sub-Clause 20.8(a). Any
sums due the Public Body from the Supplier accruing prior to the date of termination shall be
deducted from the amount to be paid to the Supplier under this Contract.
20.11 If the Public Body completes the System, the cost of completing the System by the Public Body
shall be determined. If the sum that the Supplier is entitled to be paid, pursuant to GCC Clause
20.10, plus the reasonable costs incurred by the Public Body in completing the System, exceeds
the Contract Price, the Supplier shall be liable for such excess. If such excess is greater than the
sums due the Supplier under GCC Clause 20.10, the Supplier shall pay the balance to the Public
Body, and if such excess is less than the sums due the Supplier under GCC Clause 20.10, the
Public Body shall pay the balance to the Supplier. The Public Body and the Supplier shall agree,
in writing, on the computation described above and the manner in which any sums shall be paid
Termination by Supplier
20.12 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-Clauses 20.12 (a) to (e)
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 23, within forty-five days after receiving written
notice from the Supplier that such payment is overdue;
(b). The Supplier is unable to carry out any of its obligations under the Contract for any reason
attributable to the Public Body, including but not limited to the Public Body’s failure to
provide possession of or access to the site or other areas or failure to obtain any governmental
permit necessary for the execution and/or completion of the System;
(c). 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;
(d). 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
(e). The Public Body fails to comply with any final decision reached as a result of settlement of
disputes pursuant to GCC Clause 23 hereof.
20.13 If the Contract is terminated under GCC Sub-Clause 20.12 (a) to (e), then the Supplier shall
immediately:
(a). Cease all further work, except for such work as may be necessary for the purpose of
protecting that part of the System already executed, or any work required to leave the site in a
clean and safe condition;
Clause 20.13(d)(ii);
(c). Remove all Supplier’s Equipment from the site and repatriate the Supplier’s and its
Subcontractor’s personnel from the site.
(d). In addition, the Supplier, subject to the payment specified in GCC Clause 20.14, shall:
(i) deliver to the Public Body the parts of the System executed by the Supplier up to the
date of termination;
(ii) to the extent legally possible, assign to the Public Body all right, title, and benefit of the
Supplier to the System, or Subsystems, as of the date of termination, and, as may be
required by the Public Body, in any subcontracts concluded between the Supplier and its
Subcontractors;
(iii) to the extent legally possible, deliver to the Public Body all drawings, specifications, and
other documents prepared by the Supplier or its Subcontractors as of the date of
termination in connection with the System.
20.14 If the Contract is terminated under GCC Sub-Clauses 20.12 (a) to (e), the Public Body shall pay to
the Supplier all payments specified in GCC Clause 20.4, and reasonable compensation for all loss,
except for loss of profit, or damage sustained by the Supplier arising out of, in connection with, or
in consequence of such termination.
20.15 Termination by the Supplier pursuant to this GCC Clause 20 is without prejudice to any other
rights or remedies of the Supplier that may be exercised in lieu of or in addition to rights
conferred by GCC Clause 20.
20.16 In this GCC Clause 20, the expression “portion of the System executed” shall include all work
executed, Services provided, and all Information Technologies, or other Goods acquired (or
subject to a legally binding obligation to purchase) by the Supplier and used or intended to be
used for the purpose of the System, up to and including the date of termination.
20.17 In this GCC Clause 20, in calculating any monies due from the Public Body to the Supplier,
account shall be taken of any sum previously paid by the Public Body to the Supplier under the
Contract, including any advance payment paid pursuant to this Contract.
20.18 If either Party disputes whether an event specified in this GCC Clause 20 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 23 and the Contract shall not be
terminated on account of such event except in accordance with the terms of any resolution award.
21. Arrangements on Termination
21.1 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.
21.2 After termination or expiry all data, documents and records (whether stored electronically or
otherwise) relating in whole or in part to the all work executed, Services provided, and all
Information Technologies, or other Goods acquired 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 Information Technologies,
Materials, and other Goods 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.
22. Cessation of Rights and Obligations
22.1 Upon termination of the Contract pursuant to GCC Clause 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 39; and
(c). Any right which a Party may have under the Governing Law
(d). The warranty rights provided for under Paragraph E.
23. Settlement of Disputes
23.1 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).
23.2 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.
23.3 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 23.4.
23.4 In the second instance each of the Public Body and the Supplier shall appoint more senior
representatives than those referred to in Sub-Clause 23.3 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.
23.5 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.
23.6 Only those Public Bodies that are allowed by law to proceed to arbitration can do so.
24. Liquidated Damages
24.1 Except as provided under GCC Clause 17, if the Supplier fails to deliver any or all of the
Information Technologies and other 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.
24.2 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.
25. Confidentiality
25.1 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.
25.2 The Public Body shall not use such documents, data, and other information received from the
Supplier for any purpose other than the operation, maintenance and further development of the
System. Similarly, the Supplier shall not use such documents, data, and other information received
from the Public Body for any purpose other than those that are required for the performance of the
Contract.
25.3 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.
25.4 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;
25.5 The Supplier authorizes the Public Body to disclose the Confidential Information:
(a). 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 Information Technologies and
other 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;
(b). to its support service suppliers and their subcontractors to the extent reasonably required for
them to perform their work under their support service contracts; and
(c). to its affiliates and subsidiaries.
25.6 The Supplier agrees that:
(a). Subject to Sub-Clause 25.6 (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 25.6 (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.
25.7 The Supplier 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.
25.8 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.
25.9 The above provisions of this Clause shall not in any way modify any undertaking of
confidentiality given by either of the parties to this Contract prior to the date of the Contract in
respect of the System or any part thereof.
25.10 This Clause 25 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 25 shall remain in force for a period of 3 years after the termination or
expiry of this Contract.
25.11 In the event that the Supplier fails to comply with this Clause 25, the Public Body reserves the
right to terminate the Contract by notice in writing with immediate effect.
26. Copyright
26.1 The Intellectual Property Rights in all Standard Software and Standard Materials shall remain
vested in the owner of such rights.
26.2 The Public Body agrees to restrict use, copying, or duplication of the Standard Software and
Standard Materials in accordance with GCC Clause 27, except that additional copies of Standard
Materials may be made by the Public Body for use within the scope of the project of which the
System is a part, in the event that the Supplier does not deliver copies within thirty (30) days from
receipt of a request for such Standard Materials.
26.3 The Public Body’s contractual rights to use the Standard Software or elements of the Standard
Software may not be assigned, licensed, or otherwise transferred voluntarily except in accordance
with the relevant license agreement or as may be otherwise specified in the SCC.
26.4 As applicable, the Public Body’s and Supplier’s rights and obligations with respect to Custom
Software or elements of the Custom Software, including any license agreements, and with respect
to Custom Materials or elements of the Custom Materials, are specified in the SCC. Subject to the
SCC, the Intellectual Property Rights in all Custom Software and Custom Materials specified in
Appendices 2 and 3 of the Contract Agreement (if any) shall, at the date of this Contract or on
creation of the rights (if later than the date of this Contract), vest in the Public Body. The Supplier
shall do and execute or arrange for the doing and executing of each necessary act, document, and
thing that the Public Body may consider necessary or desirable to perfect the right, title, and
interest of the Public Body in and to those rights. In respect of such Custom Software and Custom
Materials, the Supplier shall ensure that the holder of a moral right in such an item does not assert
it, and the Supplier shall, if requested to do so by the Public Body and where permitted by
applicable law, ensure that the holder of such a moral right waives it.
26.5 The parties shall enter into such (if any) escrow arrangements in relation to the Source Code to
some or all of the Software as are specified in the SCC and in accordance with the SCC.
27. Software License Agreements
27.1 Except to the extent that the Intellectual Property Rights in the Software vest in the Public Body,
the Supplier hereby grants to the Public Body license to access and use the Software, including all
inventions, designs, and marks embodied in the Software.
Such license to access and use the Software shall:
(a). be:
(i) nonexclusive;
(ii) fully paid up and irrevocable (except that it shall terminate if the Contract terminates
under GCC Clauses 20.2 or 20.12);
(iii) valid throughout the territory of the Federal Democratic Republic of Ethiopia (or such
other territory as specified in the SCC); and
(iv) subject to additional restrictions (if any) as specified in the SCC.
(b). permit the Software to be:
(i) used or copied for use on or with the computer(s) for which it was acquired (if specified
in the Technical Requirements and/or the Supplier’s bid), plus a backup computer(s) of
the same or similar capacity, if the primary is(are) inoperative, and during a reasonable
transitional period when use is being transferred between primary and backup;
(ii) as specified in the SCC, used or copied for use on or transferred to a replacement
computer(s), (and use on the original and replacement computer(s) may be simultaneous
during a reasonable transitional period) provided that, if the Technical Requirements
and/or the Supplier’s bid specifies a class of computer to which the license is restricted
and unless the Supplier agrees otherwise in writing, the replacement computer(s) is(are)
within that class;
(iii) if the nature of the System is such as to permit such access, accessed from other
computers connected to the primary and/or backup computer(s) by means of a local or
wide-area network or similar arrangement, and used on or copied for use on those other
computers to the extent necessary to that access;
(iv) reproduced for safekeeping or backup purposes;
(v) customized, adapted, or combined with other computer software for use by the Public
Body, provided that derivative software incorporating any substantial part of the
delivered, restricted Software shall be subject to same restrictions as are set forth in this
Contract;
(vi) as specified in the SCC, disclosed to, and reproduced for use by, support service
suppliers and their subcontractors, (and the Public Body may sublicense such persons to
use and copy for use the Software) to the extent reasonably necessary to the performance
of their support service contracts, subject to the same restrictions as are set forth in this
Contract; and
(vii) disclosed to, and reproduced for use by, the Public Body and by such other persons as
are specified in the SCC (and the Public Body may sublicense such persons to use and
copy for use the Software), subject to the same restrictions as are set forth in this
Contract
27.2 The Standard Software may be subject to audit by the Supplier, in accordance with the terms
specified in the SCC, to verify compliance with the above license agreements.
28. Commencement and Operational Acceptance
28.1 The Supplier shall commence work on the System within the period specified in the SCC, and
without prejudice to GCC Clause 56.2 (Operational Acceptance Time Guarantee), the Supplier
shall thereafter proceed with the System in accordance with the time schedule specified in the
Implementation Schedule in the Section 6 and any refinements made in the Agreed and Finalized
Project Plan.
28.2 The Supplier shall achieve Operational Acceptance of the System (or Subsystem(s) where a
separate time for Operational Acceptance of such Subsystem(s) is specified in the Contract)
within the time specified in the SCC and in accordance with the time schedule specified in the
Implementation Schedule in the Section 6 and any refinements made in the Agreed and Finalized
Project Plan, or within such extended time to which the Supplier shall be entitled under GCC
Clause 54 (Extension of Time for Achieving Operational Acceptance).
29. Miscellaneous
29.1 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.
29.2 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.
29.3 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.
29.4 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.
29.5 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

30. Provision of Assistance
30.1 The Public Body shall ensure the accuracy of all information and/or data to be supplied by the
Public Body to the Supplier, except when otherwise expressly stated in the Contract
30.2 The Public Body shall be responsible for timely provision of all resources, information, and
decision making under its control that are necessary to reach an Agreed and Finalized Project Plan
(pursuant to GCC Clause 44.2) within the time schedule specified in the Implementation Schedule
in the Technical Requirements Section. Failure to provide such resources, information, and
decision making may constitute grounds for Termination pursuant to GCC Clause 20.12 (b).
30.3 The Public Body shall be responsible for acquiring and providing legal and physical possession of
the site and access to it, and for providing possession of and access to all other areas reasonably
required for the proper execution of the Contract.
30.4 If requested by the Supplier, the Public Body shall use its best endeavors to assist the Supplier in
obtaining in a timely and expeditious manner all permits, approvals, and/or licenses necessary for
the execution of the Contract from all local, state, or national government authorities or public
service undertakings that such authorities or undertakings require the Supplier or Subcontractors
or the personnel of the Supplier or Subcontractors, as the case may be, to obtain.
30.5 In such cases where the responsibilities of specifying and acquiring or upgrading
telecommunications and/or electric power services falls to the Supplier, as specified in the
Technical Requirements, SCC, Agreed and Finalized Project Plan, or other parts of the Contract,
the Public Body shall use its best endeavors to assist the Supplier in obtaining such services in a
timely and expeditious manner.
30.6 The Public Body shall be responsible for timely provision of all resources, access, and
information necessary for the Installation and Operational Acceptance of the System (including,
but not limited to, any required telecommunications or electric power services), as identified in
the Agreed and Finalized Project Plan, except where provision of such items is explicitly
identified in the Contract as being the responsibility of the Supplier. Delay by the Public Body
may result in an appropriate extension of the Time for Operational Acceptance, at the Supplier’s
discretion.
30.7 Unless otherwise specified in the Contract or agreed upon by the Public Body and the Supplier,
the Public Body shall provide sufficient, properly qualified operating and technical personnel, as
required by the Supplier to properly carry out Delivery, Pre-commissioning, Installation,
Commissioning, and Operational Acceptance, at or before the time specified in the Technical
Requirements Section’s Implementation Schedule and the Agreed and Finalized Project Plan.
30.8 The Public Body will designate appropriate staff for the training courses to be given by the
Supplier and shall make all appropriate logistical arrangements for such training as specified in
the Technical Requirements, SCC, the Agreed and Finalized Project Plan, or other parts of the
Contract.
30.9 The Public Body assumes primary responsibility for the Operational Acceptance Test(s) for the
System, in accordance with GCC Clause 53.3, and shall be responsible for the continued operation
of the System after Operational Acceptance. However, this shall not limit in any way the
Supplier’s responsibilities after the date of Operational Acceptance otherwise specified in the
Contract.
30.10 The Public Body is responsible for performing and safely storing timely and regular backups of its
data and Software in accordance with accepted data management principles, except where such
responsibility is clearly assigned to the Supplier elsewhere in the Contract.
30.11 All costs and expenses involved in the performance of the obligations under this GCC Clause 30
shall be the responsibility of the Public Body, save those to be incurred by the Supplier with
respect to the performance of the Operational Acceptance Test(s), in accordance with GCC Clause
53.3.
30.12 Other Public Body responsibilities, if any, are as stated in the SCC.
D. Payment
31. Contract Price
31.1 Prices charged by the Supplier for the System or Subsystem(s), Goods and the Related Services
performed under the Contract shall not vary from the prices quoted by the Supplier in its bid.
31.2 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.
31.3 The Supplier shall be deemed to have satisfied itself as to the correctness and sufficiency of the
Contract Price, which shall, except as otherwise provided for in the Contract, cover all its
obligations under the Contract.
31.4 Except as provided in GCC Sub-Clause 15.1, the Contract price may only be increased above
amounts stated in GCC Sub-Clause 31.1 if the Parties have agreed to change contract elements in
accordance with GCC Clause 14.
32. Price Adjustments
32.1 Contracts Prices shall be fixed throughout the Supplier's performance of the Contract and not
subject to adjustment on any account.
32.2 This provision remains in effect for the duration of the contract once it becomes effective.
32.3 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.
33. Mode of Billing and Terms of Payment
33.1 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 and SCC.
33.2 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
Systems and other Goods to be supplied, installed, integrated, and made operational 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.
33.3 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 System or
Subsystem(s), Goods or Service the invoice covers (description, quantity, and unit of
measure) and the respective Price, or Charge payable in respect of that System or
Subsystem(s), 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 System or Subsystem(s), 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.
33.4 The Public Body shall pay the Contract Price to the Supplier, within the period specified in the
SCC and upon receipt of the valid invoice (rendered in accordance with Sub-Clause 33.3.
33.5 All payment to the Supplier under this Contract shall be made in currency specified in the SCC.
33.6 The invoice provided to the Public Body by the Supplier in accordance with this Clause shall
show appropriate taxes separately.
33.7 The Public Body shall not be responsible for the payment of any charges for System or
Subsystem(s), and Goods supplied in excess of the System or Subsystem(s), and Goods required
by the Purchase Order or any variation of it unless authorized in writing by a further Purchase
Order.
33.8 No payment of or on account of the Contract Price shall be deemed to constitute acceptance by the
Public Body of the System or any Subsystem(s).
33.9 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.
33.10 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.
33.11 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.
33.12 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.
E. Obligations of the Supplier

34. Supplier’s Responsibilities
34.1 The Supplier shall conduct all activities with due care and diligence, in accordance with the
Contract and with the skill and care expected of a competent provider of information technologies,
information systems, support, maintenance, training, and other related services, or in accordance
with best industry practices. In particular, the Supplier shall provide and employ only technical
personnel who are skilled and experienced in their respective callings and supervisory staff who
are competent to adequately supervise the work at hand.
34.2 The Supplier confirms that it has entered into this Contract on the basis of a proper examination of
the data relating to the System provided by the Public Body and on the basis of information that
the Supplier could have obtained from a visual inspection of the site (if access to the site was
available) and of other data readily available to the Supplier relating to the System as at the date
twenty-eight (28) days prior to bid submission. The Supplier acknowledges that any failure to
acquaint itself with all such data and information shall not relieve its responsibility for properly
estimating the difficulty or cost of successfully performing the Contract.
34.3 The Supplier shall be responsible for timely provision of all resources, information, and decision
making under its control that are necessary to reach a mutually agreed and Finalized Project Plan
(pursuant to GCC Clause 44.2) within the time schedule specified in the Implementation Schedule
in the Section 6. Failure to provide such resources, information, and decision making may
constitute grounds for termination pursuant to GCC Clause 20.6.
34.4 The Supplier shall acquire in its name all permits, approvals, and/or licenses from all local or
national government authorities or public service undertakings in the Federal Democratic
Republic of Ethiopia that are necessary for the performance of the Contract, including, without
limitation, visas for the Supplier’s and Subcontractor’s personnel and entry permits for all
imported Supplier’s Equipment. The Supplier shall acquire all other permits, approvals, and/or
licenses that are not the responsibility of the Public Body under GCC Clause 30.4 and that are
necessary for the performance of the Contract
34.5 The Supplier shall comply with all laws in force in the Federal Democratic Republic of Ethiopia.
The laws will include all national, provincial, municipal, or other laws that affect the performance
of the Contract and are binding upon the Supplier. The Supplier shall indemnify and hold
harmless the Public Body from and against any and all liabilities, damages, claims, fines,
penalties, and expenses of whatever nature arising or resulting from the violation of such laws by
the Supplier or its personnel, including the Subcontractors and their personnel, but without
prejudice to GCC Clause 30.1. The Supplier shall not indemnify the Public Body to the extent that
such liability, damage, claims, fines, penalties, and expenses were caused or contributed to by a
fault of the Public Body.
34.6 The Supplier shall, in all dealings with its labor and the labor of its Subcontractors currently
employed on or connected with the Contract, pay due regard to all recognized festivals, official
holidays, religious or other customs, and all local laws and regulations pertaining to the
employment of labor.
34.7 Other Supplier responsibilities, if any, are as stated in the SCC.
35. Joint Venture, Consortium or Association
35.1 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 fulfillment 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.
36. Eligibility
36.1 Any Information Technologies or other Goods and Services supplied under the Contract shall
have their origin in the countries and territories eligible under the rules further elaborated in
Section 5.
36.2 For purposes of this Clause, “origin” means the place where the Information Technologies or
other goods were mined, grown, or produced, or from which the Services are supplied.
Information Technologies or other 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.
36.3 The origin of Goods and Services is distinct from the nationality of the Supplier
37. Code of Conduct
37.1 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 Information Technologies, Materials and other Goods as well as
the performance of all 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.
37.2 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.
37.3 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.
37.4 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.
37.5 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.
37.6 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.
37.7 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.
38. Conflict of Interests
38.1 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.
38.2 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.
38.3 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.
38.4 The Supplier shall, after the conclusion or termination of the contract, limit its role in connection
to the provision of the Information Technologies, Materials and other Goods as well as the
performance of all 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, Information Technologies, Materials and other Goods as well as the
performance of all Services for the Public Body in any capacity.
39. Accounting, Inspection and Auditing
39.1 The Supplier shall keep accurate and systematic accounts and records relating to the performance
of the Contract, in accordance with internationally accepted accounting principles and in such
form and detail as will clearly identify all relevant time charges and costs.
39.2 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.
40. Data Protection
40.1 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.
40.2 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.
41. Review
41.1 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 Information Technologies, Materials and other Goods as well as the performance of all
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.
42. Performance Security
42.1 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.
42.2 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.
42.3 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.
42.4 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.
42.5 Upon Operational Acceptance of the entire System, the security shall be reduced to the amount
specified in the SCC, on the date of such Operational Acceptance, so that the reduced security
would only cover the remaining warranty obligations of the Supplier
42.6 Notwithstanding the provision of GCC Sub-Clause 42.2 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.
42.7 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 GCC Sub-Clause 42.6 to the Public Procurement and
Property Administration Agency or other competent body if and when required to do so.
F. Performance of the Contract
43. Scope of the System
43.1 Unless otherwise expressly limited in the SCC or Technical Requirements, the Supplier’s
obligations cover the provision of all Information Technologies, Materials and other Goods as
well as the performance of all Services required for the design, development, and implementation
(including procurement, quality assurance, assembly, associated site preparation, Delivery, Pre-
commissioning, Installation, Testing, and Commissioning) of the System, in accordance with the
plans, procedures, specifications, drawings, codes, and any other documents specified in the
Contract and the Agreed and Finalized Project Plan.
43.2 The Supplier shall, unless specifically excluded in the Contract, perform all such work and / or
supply all such items and Materials not specifically mentioned in the Contract but that can be
reasonably inferred from the Contract as being required for attaining Operational Acceptance of
the System as if such work and / or items and Materials were expressly mentioned in the Contract.
43.3 The Supplier’s obligations (if any) to provide Goods and Services as implied by the Supplier’s
bid, such as consumables, spare parts, and technical services (e.g., maintenance, technical
assistance, and operational support), are as specified in the SCC, including the relevant terms,
characteristics, and timings
44. Project Plan
44.1 In close cooperation with the Public Body and based on the Preliminary Project Plan included in
the Supplier’s bid, the Supplier shall develop a Project Plan encompassing the activities specified
in the Contract. The contents of the Project Plan shall be as specified in the SCC and/or Technical
Requirements.
44.2 The Supplier shall formally present to the Public Body the Project Plan in accordance with the
procedure specified in the SCC.
44.3 If required, the impact on the Implementation Schedule of modifications agreed during
finalization of the Agreed and Finalized Project Plan shall be incorporated in the Contract by
amendment, in accordance with GCC Clauses 14 and 54.
44.4 The Supplier shall undertake to supply, install, test, and commission the System in accordance
with the Agreed and Finalized Project Plan and the Contract.
44.5 The Progress and other reports specified in the SCC shall be prepared by the Supplier and
submitted to the Public Body in the format and frequency specified in the Technical
Requirements.
45. Design and Engineering
45.1 Technical Specifications and Drawings

(a). The Supplier shall execute the basic and detailed design and the implementation activities
necessary for successful installation of the System in compliance with the provisions of the
Contract or, where not so specified, in accordance with good industry practice. The Supplier
shall be responsible for any discrepancies, errors or omissions in the specifications, drawings,
and other technical documents that it has prepared, whether such specifications, drawings,
and other documents have been approved by the Project Manager or not, provided that such
discrepancies, errors, or omissions are not because of inaccurate information furnished in
writing to the Supplier by or on behalf of the Public Body.
(b). The Supplier shall be entitled to disclaim responsibility for any design, data, drawing,
specification, or other document, or any modification of such design, drawings, specification,

or other documents provided or designated by or on behalf of the Public Body, by giving a
notice of such disclaimer to the Project Manager.
45.2 Codes and Standards
Wherever references are made in the Contract to codes and standards in accordance with which the
Contract shall be executed, the edition or the revised version of such codes and standards current at
the date twenty-eight (28) days prior to date of bid submission shall apply unless otherwise
specified in the SCC. During Contract execution, any changes in such codes and standards shall be
applied after approval by the Public Body and shall be treated in accordance with GCC Clause
14.3.
45.3 Approval/Review of Technical Documents by the Project Manager

(a). The Supplier shall prepare and furnish to the Project Manager the documents as specified in
the SCC for the Project Manager’s approval or review.
Any part of the System covered by or related to the documents to be approved by the Project
Manager shall be executed only after the Project Manager’s approval of these documents.
GCC Clauses 45.3(b) through 45.3(g) shall apply to those documents requiring the Project
Manager’s approval, but not to those furnished to the Project Manager for its review only.
(b). Within fourteen (14) days after receipt by the Project Manager of any document requiring the
Project Manager’s approval in accordance with GCC Clause 45.3(a), the Project Manager
shall either return one copy of the document to the Supplier with its approval endorsed on the
document or shall notify the Supplier in writing of its disapproval of the document and the
reasons for disapproval and the modifications that the Project Manager proposes. If the
Project Manager fails to take such action within the fourteen (14) days, then the document
shall be deemed to have been approved by the Project Manager.
(c). The Project Manager shall not disapprove any document except on the grounds that the
document does not comply with some specified provision of the Contract or that it is contrary
to good industry practice.
(d). If the Project Manager disapproves the document, the Supplier shall modify the document
and resubmit it for the Project Manager’s approval in accordance with GCC Clause 45.3(b). If
the Project Manager approves the document subject to modification(s), the Supplier shall
make the required modification(s), and the document shall then be deemed to have been
approved, subject to GCC Clause 45.3(e). The procedure set out in GCC Clauses 45.3(b)
through 45.3(d) shall be repeated, as appropriate, until the Project Manager approves such
documents.
(e). If any dispute occurs between the Public Body and the Supplier in connection with or arising
out of the disapproval by the Project Manager of any document and/or any modification(s) to
a document 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.
(f). The Project Manager’s approval, with or without modification of the document furnished by
the Supplier, shall not relieve the Supplier of any responsibility or liability imposed upon it
by any provisions of the Contract except to the extent that any subsequent failure results from
modifications required by the Project Manager or inaccurate information furnished in writing
to the Supplier by or on behalf of the Public Body.
(g). The Supplier shall not depart from any approved document unless the Supplier has first
submitted to the Project Manager an amended document and obtained the Project Manager’s
approval of the document, pursuant to the provisions of this GCC Clause 45.3. If the Project
Manager requests any change in any already approved document and/or in any document
based on such an approved document, the provisions of GCC Clause 14 shall apply to such
request.
46. Delivery
46.1 Subject to related Public Body's responsibilities pursuant to GCC Clause 30, the Supplier shall
manufacture or procure and transport all the Information Technologies, Materials, and other
Goods in an expeditious and orderly manner to the Project Site.
46.2 Delivery of the Information Technologies, Materials, and other Goods shall be made by the
Supplier in accordance with any delivery instructions in the SCC, Purchase Order or as agreed by
the Parties in writing.
46.3 Delivery shall be completed when the Information Technologies, Materials, and other 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.
46.4 In the event that the Public Body require next day or short notice deliveries which are not
provided for in the SCC Clause 46.2, the Supplier may pass on any additional costs relating to the
delivery of the Information Technologies, Materials, and other Goods to the Public Body.
46.5 Early or partial deliveries require the explicit written consent of the Public Body, which consent
shall not be unreasonably withheld.
46.6 Unless otherwise stated in the SCC, the Supplier is responsible for obtaining all export and import
licenses for the Information Technologies, Materials, and other Goods and shall be responsible for
any delays due to such licenses not being available when required.
46.7 In the case of any Information Technologies, Materials, and other 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 Information Technologies,
Materials, and other 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.
46.8 Any arrangement to deliver the Information Technologies, Materials, and other Goods where
carriage is to be charged separately or any arrangement by which the Information Technologies,
Materials, and other 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.
46.9 The details of shipping and other documents to be furnished by the Supplier are specified in the
SCC.
47. Packing, Marking, and Documents
47.1 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 Information
Technologies, Materials, and other Goods’ final destination and the absence of heavy handling
facilities at all points in transit.
47.2 Unless otherwise specified in SCC, the following details shall be shown on the outside of every
package:
(a). A description of the Information Technologies, Materials, and other Goods which shall
include, without limitation, the weight of the Information Technologies, Materials, and other
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 Information Technologies, Materials, and other Goods
and the Supplier.
47.3 All Information Technologies, Materials, and other 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.
48. Containers and Pallets
48.1 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.
49. Product Upgrades
49.1 At any point during performance of the Contract, should technological advances be introduced by
the Supplier for Information Technologies originally offered by the Supplier in its bid and still to
be delivered, the Supplier shall be obligated to offer to the Public Body the latest versions of the
available Information Technologies having equal or better performance or functionality at the
same or lesser unit prices, pursuant to GCC Clause 14 (Changes in Contract Elements).
49.2 At any point during performance of the Contract, for Information Technologies still to be
delivered, the Supplier will also pass on to the Public Body any cost reductions and additional
and/or improved support and facilities that it offers to other clients of the Supplier in the Federal
Democratic Republic of Ethiopia, pursuant to GCC Clause 14 (Changes in Contract Elements).
49.3 During performance of the Contract, the Supplier shall offer to the Public Body all new versions,
releases, and updates of Standard Software, as well as related documentation and technical
support services, within thirty (30) days of their availability from the Supplier to other clients of
the Supplier in the Federal Democratic Republic of Ethiopia, and no later than twelve (12) months
after they are released in the country of origin. In no case will the prices for this Software exceed
those quoted by the Supplier in the Recurrent Costs tables in its Bid.
49.4 During the Warranty Period, unless otherwise specified in the SCC, the Supplier will provide at
no additional cost to the Public Body all new versions, releases, and updates for all Standard
Software that are used in the System, within thirty (30) days of their availability from the Supplier
to other clients of the Supplier in the Federal Democratic Republic of Ethiopia, and no later than
twelve (12) months after they are released in the country of origin of the Software.
49.5 The Public Body shall introduce all new versions, releases or updates of the Software within
eighteen (18) months of receipt of a production-ready copy of the new version, release, or update,
provided that the new version, release, or update does not adversely affect System operation or
performance or require extensive reworking of the System. In cases where the new version,
release, or update adversely affects System operation or performance, or requires extensive
reworking of the System, the Supplier shall continue to support and maintain the version or
release previously in operation for as long as necessary to allow introduction of the new version,
release, or update. In no case shall the Supplier stop supporting or maintaining a version or release
of the Software less than twenty four (24) months after the Public Body receives a production-
ready copy of a subsequent version, release, or update. The Public Body shall use all reasonable
endeavors to implement any new version, release, or update as soon as practicable, subject to the
twenty-four-month-long stop date.
50. Implementation, Installation, and Other Services
50.1 The Supplier shall provide all Services specified in the Contract and Agreed and Finalized Project
Plan in accordance with the highest standards of professional competence and integrity.
50.2 Prices charged by the Supplier for Services, if not included in the Contract, shall be agreed upon
in advance by the parties (including, but not restricted to, any prices submitted by the Supplier in
the Recurrent Cost Schedules of its Bid) and shall not exceed the prevailing rates charged by the
Supplier to other Clients in the Federal Democratic Republic of Ethiopia for similar services.
51. Inspections and Tests
51.1 The Public Body or its representative shall have the right to inspect and/or test any components of
the System, as specified in the Technical Requirements, to confirm their good working order
and/or conformity to the Contract at the point of delivery and/or at the Project Site.
51.2 The Public Body or its representative shall be entitled to attend any such inspections and/or tests
of the components, provided that the Public Body shall bear all costs and expenses incurred in
connection with such attendance, including but not limited to all inspection agent fees, travel, and
related expenses.
51.3 Should the inspected or tested components fail to conform to the Contract, the Public Body may
reject the component(s), and the Supplier shall either replace the rejected component(s), or make
alterations as necessary so that it meets the Contract requirements free of cost to the Public Body.
51.4 The Project Manager may require the Supplier to carry out any inspection and/or test not specified
in the Contract, provided that the Supplier’s reasonable costs and expenses incurred in the
carrying out of such inspection and/or test shall be added to the Contract Price. Further, if such
inspection and/or test impede the progress of work on the System and/or the Supplier’s
performance of its other obligations under the Contract, due allowance will be made in respect of
the Time for Achieving Operational Acceptance and the other obligations so affected.
51.5 If any dispute shall arise between the parties in connection with or caused by an inspection and/or
with regard to any component to be incorporated in the System that cannot be settled amicably
between the parties within a reasonable period of time, either party may invoke the process
pursuant to GCC Clause 23 (Settlement of Disputes).
52. Installation of the System
52.1 As soon as the System, or any Subsystem, has, in the opinion of the Supplier, been delivered, Pre-
commissioned, and made ready for Commissioning and Operational Acceptance Testing in
accordance with the Technical Requirements, the SCC and the Agreed and Finalized Project Plan,
the Supplier shall so notify the Public Body in writing.
52.2 The Project Manager shall, within fourteen (14) days after receipt of the Supplier’s notice under
GCC Clause 52.1, either issue an Installation Certificate in the form specified in the Bidding
Documents, stating that the System, or major component or Subsystem (if Acceptance by major
component or Subsystem is specified pursuant to the SCC for GCC Clause 53.3), has achieved
Installation by the date of the Supplier’s notice under GCC Clause 52.1, or notify the Supplier in
writing of any defects and/or deficiencies, including, but not limited to, defects or deficiencies in
the interoperability or integration of the various components and/or Subsystems making up the
System. The Supplier shall use all reasonable endeavors to promptly remedy any defect and/or
deficiencies that the Project Manager has notified the Supplier of. The Supplier shall then
promptly carry out retesting of the System or Subsystem and, when in the Supplier’s opinion the
System or Subsystem is ready for Commissioning and Operational Acceptance Testing, notify the
Public Body in writing, in accordance with GCC Clause 52.1. The procedure set out in this GCC
Clause 52.2 shall be repeated, as necessary, until an Installation Certificate is issued.
52.3 If the Project Manager fails to issue the Installation Certificate and fails to inform the Supplier of
any defects and/or deficiencies within fourteen (14) days after receipt of the Supplier’s notice
under GCC Clause 52.1, or if the Public Body puts the System or a Subsystem into production
operation, then the System (or Subsystem) shall be deemed to have achieved successful
Installation as of the date of the Supplier’s notice or repeated notice, or when the Public Body put
the System into production operation, as the case may be
53. Commissioning and Operational Acceptance

Commissioning
53.1 Commissioning of the System (or Subsystem if specified pursuant to the SCC for GCC Clause
53.3) shall be commenced by the Supplier:
(a). immediately after the Installation Certificate is issued by the Project Manager, pursuant to
GCC Clause 52.2; or
(b). as otherwise specified in the Technical Requirement or the Agreed and Finalized Project
Plan; or
(c). immediately after Installation is deemed to have occurred, under GCC Clause 52.3.
53.2 The Public Body shall supply the operating and technical personnel and all materials and
information reasonably required to enable the Supplier to carry out its obligations with respect to
Commissioning.
Production use of the System or Subsystem(s) shall not commence prior to the start of formal
Operational Acceptance Testing.
Operational Acceptance Tests
53.3 The Operational Acceptance Tests (and repeats of such tests) shall be the primary responsibility of
the Public Body (in accordance with GCC Clause 30.9), but shall be conducted with the full
cooperation of the Supplier during Commissioning of the System (or major components or
Subsystem[s] if specified in the SCC and supported by the Technical Requirements), to ascertain
whether the System (or major component or Subsystem[s]) conforms to the Technical
Requirements and meets the standard of performance quoted in the Supplier’s bid, including, but
not restricted to, the functional and technical performance requirements. The Operational
Acceptance Tests during Commissioning will be conducted as specified in the SCC, the Technical
Requirements and/or the Agreed and Finalized Project Plan.
At the Public Body’s discretion, Operational Acceptance Tests may also be performed on
replacement Goods, upgrades and new version releases, and Goods that are added or field-
modified after Operational Acceptance of the System.
53.4 If for reasons attributable to the Public Body, the Operational Acceptance Test of the System (or
Subsystem[s] or major components, pursuant to the SCC for GCC Clause 53.3) cannot be
successfully completed within the period specified in the SCC, from the date of Installation or any
other period agreed upon in writing by the Public Body and the Supplier, the Supplier shall be
deemed to have fulfilled its obligations with respect to the technical and functional aspects of the
Technical Specifications, SCC and/or the Agreed and Finalized Project Plan, and GCC Clauses
56.2 and 56.3 shall not apply.
Operational Acceptance
53.5 Subject to GCC Clauses 53.11, 53.12, and 53.13 (Partial Acceptance) below, Operational
Acceptance shall occur in respect of the System, when:
(a). the Operational Acceptance Tests, as specified in the Technical Requirements, and/or SCC
and/or the Agreed and Finalized Project Plan have been successfully completed; or
(b). the Operational Acceptance Tests have not been successfully completed or have not been
carried out for reasons that are attributable to the Public Body within the period from the date
of Installation or any other agreed-upon period as specified in GCC Clause 53.4 above; or
(c). the Public Body has put the System into production or use for sixty (60) consecutive days. If
the System is put into production or use in this manner, the Supplier shall notify the Public
Body and document such use.
53.6 At any time after any of the events set out in GCC Clause 53.5 have occurred, the Supplier may
give a notice to the Project Manager requesting the issue of an Operational Acceptance
Certificate.
53.7 After consultation with the Public Body, and within fourteen (14) days after receipt of the
Supplier’s notice, the Project Manager shall:
(a). issue an Operational Acceptance Certificate; or
(b). notify the Supplier in writing of any defect or deficiencies or other reason for the failure of
the Operational Acceptance Tests; or
(c). issue the Operational Acceptance Certificate, if the situation covered by GCC Clause 53.5(b)
arises.
53.8 The Supplier shall use all reasonable endeavors to promptly remedy any defect and/or deficiencies
and/or other reasons for the failure of the Operational Acceptance Test that the Project Manager
has notified the Supplier of. Once such remedies have been made by the Supplier, the Supplier
shall notify the Public Body, and the Public Body, with the full cooperation of the Supplier, shall
use all reasonable endeavors to promptly carry out retesting of the System or Subsystem. Upon
the successful conclusion of the Operational Acceptance Tests, the Supplier shall notify the Public
Body of its request for Operational Acceptance Certification, in accordance with GCC Clause
53.7. The Public Body shall then issue to the Supplier the Operational Acceptance Certification in
accordance with GCC Clause 53.7(a), or shall notify the Supplier of further defects, deficiencies,
or other reasons for the failure of the Operational Acceptance Test. The procedure set out in this
GCC Clause 53.8 shall be repeated, as necessary, until an Operational Acceptance Certificate is
issued.
53.9 If the System or Subsystem fails to pass the Operational Acceptance Test(s) in accordance with
GCC Clauses 53.3 and 53.4, then either:
(a). the Public Body may consider terminating the Contract, pursuant to GCC Clause 20.6(a);
or
(b). if the failure to achieve Operational Acceptance within the specified time period is a result of
the failure of the Public Body to fulfill its obligations under the Contract, then the Supplier
shall be deemed to have fulfilled its obligations with respect to the relevant technical and
functional aspects of the Contract, and GCC Clause 58.3 shall not apply.
53.10 If within fourteen (14) days after receipt of the Supplier’s notice the Project Manager fails to issue
the Operational Acceptance Certificate or fails to inform the Supplier in writing of the justifiable
reasons why the Project Manager has not issued the Operational Acceptance Certificate, the
System or Subsystem shall be deemed to have been accepted as of the date of the Supplier’s said
notice.
Partial Acceptance
53.11 If so specified in the SCC for GCC Clause 53.3, Installation and Commissioning shall be carried
out individually for each identified major component or Subsystem(s) of the System. In this
event, the provisions in the Contract relating to Installation and Commissioning, including the
Operational Acceptance Test, shall apply to each such major component or Subsystem
individually, and Operational Acceptance Certificate(s) shall be issued accordingly for each such
major component or Subsystem of the System, subject to the limitations contained in GCC Clause
53.12.
53.12 The issuance of Operational Acceptance Certificates for individual major components or
Subsystems pursuant to GCC Clause 53.11 shall not relieve the Supplier of its obligation to obtain
an Operational Acceptance Certificate for the System as an integrated whole (if so specified in the
SCC for GCC Clauses 33.2 and 53.3) once all major components and Subsystems have been
supplied, installed, tested, and commissioned.
53.13 In the case of minor components for the System that by their nature do not require Commissioning
or an Operational Acceptance Test (e.g., minor fittings, furnishings or site works, etc.), the Project
Manager shall issue an Operational Acceptance Certificate within fourteen (14) days after the
fittings and/or furnishings have been delivered and/or installed or the site works have been
completed. The Supplier shall, however, use all reasonable endeavors to promptly remedy any
defects or deficiencies in such minor components detected by the Public Body or Supplier.
54. Extension of Time for Achieving Operational Acceptance
54.1 The time(s) for achieving Operational Acceptance specified in the Schedule of Implementation
shall be extended if the Supplier is delayed or impeded in the performance of any of its
obligations under the Contract by reason of any of the following:
(a). any Change in the System as provided in GCC Clause 14 (Change in the Information
System);
(b). any occurrence of Force Majeure as provided in GCC Clause 17 (Force Majeure);
(c). default of the Public Body; or
(d). any other matter specifically mentioned in the Contract;

by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the
delay or impediment sustained by the Supplier.
54.2 Except where otherwise specifically provided in the Contract, the Supplier shall submit to the
Project Manager a notice of a claim for an extension of the time for achieving Operational
Acceptance, together with particulars of the event or circumstance justifying such extension as
soon as reasonably practicable after the commencement of such event or circumstance. As soon as
reasonably practicable after receipt of such notice and supporting particulars of the claim, the
Public Body and the Supplier shall agree upon the period of such extension. In the event that the
Supplier does not accept the Public Body’s estimate of a fair and reasonable time extension, the
Supplier shall be entitled to refer the matter to the provisions for the Settlement of Disputes
pursuant to GCC Clause 23.
54.3 The Supplier shall at all times use its reasonable efforts to minimize any delay in the performance
of its obligations under the Contract.
55. Performance Measurement
55.1 The Public Body shall ascertain whether the Supplier's provision of the Information Technologies,
Materials, and other 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 Information Technologies, Materials, and other 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.
55.2 The Public Body's rights under this Clause are without prejudice to any other rights or remedies
the Public Body may be entitled to.
55.3 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.
G. Guaranties and Liabilities

56. Operational Acceptance Time Guarantee
56.1 The Supplier guarantees that it shall complete the supply, Installation, Commissioning, and
achieve Operational Acceptance of the System (or Subsystems, pursuant to the SCC for GCC
Clause 53.3) within the time periods specified in the Implementation Schedule in the Technical
Requirements Section and/or the Agreed and Finalized Project Plan pursuant to GCC Clause 28.2,
or within such extended time to which the Supplier shall be entitled under GCC Clause 54
(Extension of Time for Achieving Operational Acceptance).
56.2 If the Supplier fails to supply, install, commission, and achieve Operational Acceptance of the
System (or Subsystems pursuant to the SCC for GCC Clause 53.3) within the time for achieving
Operational Acceptance specified in the Implementation Schedule in the Technical Requirement
or the Agreed and Finalized Project Plan, or any extension of the time for achieving Operational
Acceptance previously granted under GCC Clause 54 (Extension of Time for Achieving
Operational Acceptance), the Supplier shall pay to the Public Body liquidated damages at the rate
specified in the GCC Clause 24.1(a) as a percentage of the Contract Price, or the relevant part of
the Contract Price if a Subsystem has not achieved Operational Acceptance. The aggregate
amount of such liquidated damages shall in no event exceed the amount specified in the GCC
Clause 24.1(b) (“the Maximum”). Once the Maximum is reached, the Public Body may consider
termination of the Contract, pursuant to GCC Clause 20.6(a).
56.3 Unless otherwise specified in the SCC, liquidated damages payable under GCC Clause 56.2 shall
apply only to the failure to achieve Operational Acceptance of the System (and Subsystems) as
specified in the Implementation Schedule in the Technical Requirements and/or Agreed and
Finalized Project Plan. This GCC Clause 56.3 shall not limit, however, any other rights or
remedies the Public Body may have under the Contract for other delays.
56.4 If liquidated damages are claimed by the Public Body for the System (or Subsystem), the Supplier
shall have no further liability whatsoever to the Public Body in respect to the Operational
Acceptance time guarantee for the System (or Subsystem). However, the payment of liquidated
damages shall not in any way relieve the Supplier from any of its obligations to complete the
System or from any other of its obligations and liabilities under the Contract.
57. Defect Liability
57.1 The Supplier warrants that the System, including all Information Technologies, Materials, and
other Goods supplied and Services provided, shall be free from defects in the design, engineering,
Materials, and workmanship that prevent the System and/or any of its components from fulfilling
the Technical Requirements or that limit in a material fashion the performance, reliability, or
extensibility of the System and/or Subsystems. Exceptions and/or limitations, if any, to this
warranty with respect to Software (or categories of Software), shall be as specified in the SCC.
Commercial warranty provisions of products supplied under the Contract shall apply to the extent
that they do not conflict with the provisions of this Contract.
57.2 The Supplier also warrants that the Information Technologies, Materials, and other Goods
supplied under the Contract are new, unused, and incorporate all recent improvements in design
that materially affect the System’s or Subsystem’s ability to fulfill the Technical Requirements.
57.3 In addition, the Supplier warrants that:
(i) all Goods components to be incorporated into the System form part of the Supplier’s and/or
Subcontractor’s current product lines;
(ii) they have been previously released to the market; and
(iii) those specific items identified in the SCC (if any) have been in the market for at least the
minimum periods specified in the SCC.
57.4 The Warranty Period shall commence from the date of Operational Acceptance of the System (or
of any major component or Subsystem for which separate Operational Acceptance is provided for
in the Contract) and shall extend for the length of time specified in the SCC.
57.5 If during the Warranty Period any defect as described in GCC Clause 57.1 should be found in the
design, engineering, Materials, and workmanship of the Information Technologies and other
Goods supplied or of the Services provided by the Supplier, the Supplier shall promptly, in
consultation and agreement with the Public Body regarding appropriate remedying of the defects,
and at its sole cost, repair, replace, or otherwise make good (as the Supplier shall, at its discretion,
determine) such defect as well as any damage to the System caused by such defect. Any defective
Information Technologies or other Goods that have been replaced by the Supplier shall remain the
property of the Supplier.
57.6 The Supplier shall not be responsible for the repair, replacement, or making good of any defect or
of any damage to the System arising out of or resulting from any of the following causes:
(a). improper operation or maintenance of the System by the Public Body;
(b). normal wear and tear;
(c). use of the System with items not supplied by the Supplier, unless otherwise identified in the
Technical Requirements, or approved by the Supplier; or
(d). modifications made to the System by the Public Body, or a third party, not approved by the
Supplier.
57.7 The Supplier’s obligations under this GCC Clause 57 shall not apply to:
(a). any materials that are normally consumed in operation or have a normal life shorter than the
Warranty Period; or
(b). any designs, specifications, or other data designed, supplied, or specified by or on behalf of
the Public Body or any matters for which the Supplier has disclaimed responsibility, in
accordance with GCC Clause 45.1.(b).
57.8 The Public Body shall give the Supplier a notice promptly following the discovery of such defect,
stating the nature of any such defect together with all available evidence. The Public Body shall
afford all reasonable opportunity for the Supplier to inspect any such defect. The Public Body
shall afford the Supplier all necessary access to the System and the site to enable the Supplier to
perform its obligations under this GCC Clause 56.
57.9 The Supplier may, with the consent of the Public Body, remove from the site any Information
Technologies and other Goods that are defective, if the nature of the defect, and/or any damage to
the System caused by the defect, is such that repairs cannot be expeditiously carried out at the site.
If the repair, replacement, or making good is of such a character that it may affect the efficiency
of the System, the Public Body may give the Supplier notice requiring that tests of the defective
part be made by the Supplier immediately upon completion of such remedial work, whereupon the
Supplier shall carry out such tests.
If such part fails the tests, the Supplier shall carry out further repair, replacement, or making good
(as the case may be) until that part of the System passes such tests. The tests shall be agreed upon
by the Public Body and the Supplier.
57.10 If the Supplier fails to commence the work necessary to remedy such defect or any damage to the
System caused by such defect within the time period specified in the SCC, the Public Body may,
following notice to the Supplier, proceed to do such work or contract a third party (or parties) to
do such work, and the reasonable costs incurred by the Public Body in connection with such work
shall be paid to the Public Body by the Supplier or may be deducted by the Public Body from any
monies due the Supplier or claimed under the Performance Security.
57.11 If the System or Subsystem cannot be used by reason of such defect and/or making good of such
defect, the Warranty Period for the System shall be extended by a period equal to the period
during which the System or Subsystem could not be used by the Public Body because of such
defect and/or making good of such defect.
57.12 Items substituted for defective parts of the System during the Warranty Period shall be covered by
the Defect Liability Warranty for the remainder of the Warranty Period applicable for the part
replaced or three (3) months, whichever is greater.
57.13 At the request of the Public Body and without prejudice to any other rights and remedies that the
Public Body may have against the Supplier under the Contract, the Supplier will offer all possible
assistance to the Public Body to seek warranty services or remedial action from any subcontracted
third-party producers or licensor of Goods included in the System, including without limitation
assignment or transfer in favor of the Public Body of the benefit of any warranties given by such
producers or licensors to the Supplier.
58. Functional Guarantees
58.1 The Supplier guarantees that, once the Operational Acceptance Certificate(s) has been issued, the
System represents a complete, integrated solution to the Public Body’s requirements set forth in
the Technical Requirements and it conforms to all other aspects of the Contract. The Supplier
acknowledges that GCC Clause 53 regarding Commissioning and Operational Acceptance
governs how technical conformance of the System to the Contract requirements will be
determined.
58.2 If, for reasons attributable to the Supplier, the System does not conform to the Technical
Requirements or does not conform to all other aspects of the Contract, the Supplier shall at its cost
and expense make such changes, modifications, and/or additions to the System as may be
necessary to conform to the Technical Requirements and meet all functional and performance
standards. The Supplier shall notify the Public Body upon completion of the necessary changes,
modifications, and/or additions and shall request the Public Body to repeat the Operational
Acceptance Tests until the System achieves Operational Acceptance.
58.3 If the System (or Subsystem[s]) fails to achieve Operational Acceptance, the Public Body may
consider termination of the Contract, pursuant to GCC Clause 20.6.(a), and forfeiture of the
Supplier’s Performance Security in accordance with GCC Clause 42 in compensation for the extra
costs and delays likely to result from this failure.
59. Intellectual Property Rights Warranty
59.1 The Supplier hereby represents and warrants that:

(a). the System as supplied, installed, tested, and accepted;
(b). use of the System in accordance with the Contract; and
(c). copying of the Software and Materials provided to the Public Body in accordance with the
Contract
do not and will not infringe any Intellectual Property Rights held by any third party and that it has
all necessary rights or at its sole expense shall have secured in writing all transfers of rights and
other consents necessary to make the assignments, licenses, and other transfers of Intellectual
Property Rights and the warranties set forth in the Contract, and for the Public Body to own or
exercise all Intellectual Property Rights as provided in the Contract. Without limitation, the
Supplier shall secure all necessary written agreements, consents, and transfers of rights from its
employees and other persons or entities whose services are used for development of the System.
60. Intellectual Property Rights Indemnity
60.1 The Supplier shall indemnify and hold harmless the Public Body and its employees and officers
from and against any and all losses, liabilities, and costs (including losses, liabilities, and costs
incurred in defending a claim alleging such a liability), that the Public Body or its employees or
officers may suffer as a result of any infringement or alleged infringement of any Intellectual
Property Rights by reason of:
(a). installation of the System by the Supplier or the use of the System, including the Materials, in
the Federal Democratic Republic of Ethiopia, where the site is located;
(b). copying of the Software and Materials provided the Supplier in accordance with the
Agreement; and
(c). sale of the products produced by the System in any country, except to the extent that such
losses, liabilities, and costs arise as a result of the Public Body’s breach of GCC Clause 59.2
60.2 Such indemnity shall not cover any use of the System, including the Materials, other than for the
purpose indicated by or to be reasonably inferred from the Contract, any infringement resulting
from the use of the System, or any products of the System produced thereby in association or
combination with any other goods or services not supplied by the Supplier, where the
infringement arises because of such association or combination and not because of use of the
System in its own right.
60.3 Such indemnities shall also not apply if any claim of infringement:
(a). is asserted by a parent, subsidiary, or affiliate of the Public Body’s organization;
(b). is a direct result of a design mandated by the Public Body’s Technical Requirements and the
possibility of such infringement was duly noted in the Supplier’s Bid; or
(c). results from the alteration of the System, including the Materials, by the Public Body or any
persons other than the Supplier or a person authorized by the Supplier.
60.4 If any proceedings are brought or any claim is made against the Public Body arising out of the
matters referred to in GCC Clause 59.1, the Public Body shall promptly give the Supplier notice
of such proceedings or claims, 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.
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. Unless the Supplier has so failed to notify the Public Body
within the twenty-eight (28) days, the Public Body shall make no admission that may be
prejudicial to the defense of any such proceedings or claim. 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.
60.5 The Public Body shall indemnify and hold harmless the Supplier and its employees, officers, and
Subcontractors from and against any and all losses, liabilities, and costs (including losses,
liabilities, and costs incurred in defending a claim alleging such a liability) that the Supplier or its
employees, officers, or Subcontractors may suffer as a result of any infringement or alleged
infringement of any Intellectual Property Rights arising out of or in connection with any design,
data, drawing, specification, or other documents or materials provided to the Supplier in
connection with this Contract by the Public Body or any persons (other than the Supplier)
contracted by the Public Body, except to the extent that such losses, liabilities, and costs arise as a
result of the Supplier’s breach of GCC Clause 59.8

60.6 Such indemnity shall not cover:
(a). any use of the design, data, drawing, specification, or other documents or materials, other
than for the purpose indicated by or to be reasonably inferred from the Contract;
(b). any infringement resulting from the use of the design, data, drawing, specification, or other
documents or materials, or any products produced thereby, in association or combination with
any other Goods or Services not provided by the Public Body or any other person contracted
by the Public Body, where the infringement arises because of such association or combination
and not because of the use of the design, data, drawing, specification, or other documents or
materials in its own right
60.7 Such indemnities shall also not apply
(a). if any claim of infringement is asserted by a parent, subsidiary, or affiliate of the Supplier’s
organization;
(b). to the extent that any claim of infringement is caused by the alteration, by the Supplier, or any
persons contracted by the Supplier, of the design, data, drawing, specification, or other
documents or materials provided to the Supplier by the Public Body or any persons
contracted by the Public Body.
60.8 If any proceedings are brought or any claim is made against the Supplier arising out of the matters
referred to in GCC Clause 59.5, the Supplier shall promptly give the Public Body notice of such
proceedings or claims, and the Public Body may at its own expense and in the Supplier’s name
conduct such proceedings or claim and any negotiations for the settlement of any such
proceedings or claim. If the Public Body fails to notify the Supplier within twenty-eight (28) days
after receipt of such notice that it intends to conduct any such proceedings or claim, then the
Supplier shall be free to conduct the same on its own behalf. Unless the Public Body has so failed
to notify the Supplier within the twenty-eight (28) days, the Supplier shall make no admission that
may be prejudicial to the defense of any such proceedings or claim. The Supplier shall, at the
Public Body’s request, afford all available assistance to the Public Body in conducting such
proceedings or claim and shall be reimbursed by the Public Body for all reasonable expenses
incurred in so doing
61. Limitation of Liability
61.1 Except in cases of criminal negligence or willful 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, 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.
H. Risk distribution
62. Transfer of Ownership
62.1 With the exception of Software and Materials, the ownership of the Information Technologies and
other Goods shall be transferred to the Public Body at the time of Delivery or otherwise under
terms that may be agreed upon and specified in the Contract Agreement.
62.2 Ownership and the terms of usage of the Software and Materials supplied under the Contract shall
be governed by GCC Clause 26 (Copyright) and any elaboration in the Technical Requirements.
62.3 Any tools, patterns, materials, drawings, specifications and/or other data provided by the Public
Body to the Supplier in connection with the Contract 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.
62.4 Any tools which the Supplier may construct or acquire specifically in connection with the
Information Technologies and other 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
63. Care of the System
63.1 The Public Body shall become responsible for the care and custody of the System or Subsystems
upon their Delivery. The Public Body shall make good at its own cost any loss or damage that
may occur to the System or Subsystems from any cause from the date of Delivery until the date of
Operational Acceptance of the System or Subsystems, pursuant to GCC Clause 53
(Commissioning and Operational Acceptance), excepting such loss or damage arising from acts or
omissions of the Supplier, its employees, or subcontractors.
63.2 If any loss or damage occurs to the System or any part of the System by reason of:
(a). (insofar as they relate to the Federal Democratic Republic of Ethiopia where the Project Site
is located) nuclear reaction, nuclear radiation, radioactive contamination, a pressure wave
caused by aircraft or other aerial objects, or any other occurrences that an experienced
contractor could not reasonably foresee, or if reasonably foreseeable could not reasonably
make provision for or insure against, insofar as such risks are not normally insurable on the
insurance market and are mentioned in the general exclusions of the policy of insurance taken
out under GCC Clause 65;
(b). any use not in accordance with the Contract, by the Public Body or any third party;
(c). any use of or reliance upon any design, data, or specification provided or designated by or on
behalf of the Public Body, or any such matter for which the Supplier has disclaimed
responsibility in accordance with GCC Clause 45.1(b),
the Public Body shall pay to the Supplier all sums payable in respect of the System or Subsystems
that have achieved Operational Acceptance, notwithstanding that the same be lost, destroyed, or
damaged. If the Public Body requests the Supplier in writing to make good any loss or damage to
the System thereby occasioned, the Supplier shall make good the same at the cost of the Public
Body in accordance with GCC Clause 14. If the Public Body does not request the Supplier in
writing to make good any loss or damage to the System thereby occasioned, the Public Body shall
either request a change in accordance with GCC Clause 14, excluding the performance of that part
of the System thereby lost, destroyed, or damaged, or, where the loss or damage affects a
substantial part of the System, the Public Body shall terminate the Contract pursuant to GCC
Clause 20.2.
63.3 The Public Body shall be liable for any loss of or damage to any Supplier’s Equipment which the
Public Body has authorized to locate within the Public Body's premises for use in fulfillment of
Supplier's obligations under the Contract, except where such loss or damage arises from acts or
omissions of the Supplier, its employees, or subcontractors
64. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification
64.1 The Supplier and each and every Subcontractor shall abide by the job safety, insurance, customs,
and immigration measures prevalent and laws in force in the Federal Democratic Republic of
Ethiopia.
64.2 Subject to GCC Clause 63.3, the Supplier shall indemnify and hold harmless the Public Body and
its employees and officers from and against any and all losses, liabilities and costs (including
losses, liabilities, and costs incurred in defending a claim alleging such a liability) that the Public
Body or its employees or officers may suffer as a result of the death or injury of any person or loss
of or damage to any property (other than the System, whether accepted or not) arising in
connection with the supply, installation, testing, and Commissioning of the System and by reason
of the negligence of the Supplier or its Subcontractors, or their employees, officers or agents,
except any injury, death, or property damage caused by the negligence of the Public Body, its
contractors, employees, officers, or agents.
64.3 If any proceedings are brought or any claim is made against the Public Body that might subject
the Supplier to liability under GCC Clause 63.2, the Public Body shall promptly give the Supplier
notice of such proceedings or claims, 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. 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. Unless the Supplier has so failed
to notify the Public Body within the twenty-eight (28) day period, the Public Body shall make no
admission that may be prejudicial to the defense of any such proceedings or claim. 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.
64.4 The Public Body shall indemnify and hold harmless the Supplier and its employees, officers, and
Subcontractors from any and all losses, liabilities, and costs (including losses, liabilities, and costs
incurred in defending a claim alleging such a liability) that the Supplier or its employees, officers,
or Subcontractors may suffer as a result of the death or personal injury of any person or loss of or
damage to property of the Public Body, other than the System not yet achieving Operational
Acceptance, that is caused by fire, explosion, or any other perils, in excess of the amount
recoverable from insurances procured under GCC Clause 65 (Insurances), provided that such fire,
explosion, or other perils were not caused by any act or failure of the Supplier.
64.5 If any proceedings are brought or any claim is made against the Supplier that might subject the
Public Body to liability under GCC Clause 63.4, the Supplier shall promptly give the Public Body
notice of such proceedings or claims, and the Public Body may at its own expense and in the
Supplier’s name conduct such proceedings or claim and any negotiations for the settlement of any
such proceedings or claim. If the Public Body fails to notify the Supplier within twenty-eight (28)
days after receipt of such notice that it intends to conduct any such proceedings or claim, then the
Supplier shall be free to conduct the same on its own behalf. Unless the Public Body has so failed
to notify the Supplier within the twenty-eight (28) days, the Supplier shall make no admission that
may be prejudicial to the defense of any such proceedings or claim. The Supplier shall, at the
Public Body’s request, afford all available assistance to the Public Body in conducting such
proceedings or claim and shall be reimbursed by the Public Body for all reasonable expenses
incurred in so doing.
64.6 The party entitled to the benefit of an indemnity under this GCC Clause 63 shall take all
reasonable measures to mitigate any loss or damage that has occurred. If the party fails to take
such measures, the other party’s liabilities shall be correspondingly reduced.
65. Insurances
65.1 The Supplier shall at its expense take out and maintain in effect, or cause to be taken out and
maintained in effect, during the performance of the Contract, the insurance set forth below. The
identity of the insurers and the form of the policies shall be subject to the approval of the Public
Body, who should not unreasonably withhold such approval.
(a). Cargo Insurance During Transport
As applicable, 110 percent of the price of the Information Technologies and other Goods in
a freely convertible currency, covering the Goods from physical loss or damage during
shipment through receipt at the Project Site.
(b). Installation “All Risks” Insurance
As applicable, 110 percent of the price of the Information Technologies and other Goods
covering the Goods at the site from all risks of physical loss or damage (excluding only
perils commonly excluded under “all risks” insurance policies of this type by reputable
insurers) occurring prior to Operational Acceptance of the System.
(c). Third-Party Liability Insurance
On terms as specified in the SCC, covering bodily injury or death suffered by third parties
(including the Public Body’s personnel) and loss of or damage to property (including the
Public Body’s property and any Subsystems that have been accepted by the Public Body)
occurring in connection with the supply and installation of the Information System.
(d). Automobile Liability Insurance
In accordance with the statutory requirements prevailing in the Federal Democratic Republic
of Ethiopia, covering use of all vehicles used by the Supplier or its Subcontractors (whether
or not owned by them) in connection with the execution of the Contract.
(e). Other Insurance (if any), as specified in the SCC.
65.2 The Public Body shall be named as co-insured under all insurance policies taken out by the
Supplier pursuant to GCC Clause 64.1, except for the Third-Party Liability, and the Supplier’s
Subcontractors shall be named as co-insured under all insurance policies taken out by the Supplier
pursuant to GCC Clause 64.1 except for Cargo Insurance During Transport. All insurer’s rights of
subrogation against such co-insured for losses or claims arising out of the performance of the
Contract shall be waived under such policies.
65.3 The Supplier shall deliver to the Public Body certificates of insurance (or copies of the insurance
policies) as evidence that the required policies are in full force and effect.
65.4 The Supplier shall ensure that, where applicable, its Subcontractor(s) shall take out and maintain
in effect adequate insurance policies for their personnel and vehicles and for work executed by
them under the Contract, unless such Subcontractors are covered by the policies taken out by the
Supplier.
65.5 If the Supplier fails to take out and/or maintain in effect the insurance referred to in GCC Clause
64.1, the Public Body may take out and maintain in effect any such insurance and may from time
to time deduct from any amount due the Supplier under the Contract any premium that the Public
Body shall have paid to the insurer or may otherwise recover such amount as a debt due from the
Supplier.
65.6 Unless otherwise provided in the Contract, the Supplier shall prepare and conduct all and any
claims made under the policies effected by it pursuant to this GCC Clause 64, and all monies
payable by any insurers shall be paid to the Supplier. The Public Body shall give to the Supplier
all such reasonable assistance as may be required by the Supplier in connection with any claim
under the relevant insurance policies. With respect to insurance claims in which the Public Body’s
interest is involved, the Supplier shall not give any release or make any compromise with the
insurer without the prior written consent of the Public Body. With respect to insurance claims in
which the Supplier’s interest is involved, the Public Body shall not give any release or make any
compromise with the insurer without the prior written consent of the Supplier
Part 3: Contract Section 8: Special Conditions of Contract
Section 8. Special Conditions of Contract
Table of Clauses
A. General Provisions 1
B. The Contact 1
C. Obligations of the Public Body 3
D. Payment 3
E. Obligations of the Supplier 5
F. Performance of the Contract 5
G. Guarantees and Liabilities 6
H. Risk Distribution 6
Document: Special Conditions of Contract Section VIII of IX Issued by:
065 70 3 650

065 6 659
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:
GCC 1.2 (i)
GCC 1.2 (jj) The Post-Warranty Services Period is starting with the completion of the Warranty
Period.
The Project Manager is: .
GCC 1.2 (ll)
The Project Site(s) is/are.
GCC 1.2 (nn)
GCC 1.2 (oo) The Public Body is:
GCC 1.2 (yy) The Supplier is:
GCC 6.3 (a) The meaning of the trade terms shall be as prescribed by .
GCC 6.3 (b) The version of Incoterms shall be:
B. The Contact
In addition to documents listed in GCC Clause 7.1 the following documents shall
GCC 7.1 (h)
form the Contract:
GCC 7.3 The Public Body’s authorized representative shall be:

Authorized Representative:
P.O. Box:
Street Address:
Town/City:
Post Code:
Country: Ethiopia
Telephone:
Facsimile:
E-mail address
The Supplier’s authorized representative shall be:
Authorized Representative:
P.O. Box:
Document: Special Conditions of Contract Page 1 of 9 Issued by:

Reference
Street Address:
Town/City:
Post Code:
Country:
Telephone:
Facsimile:
E-mail address
GCC 8.1 The governing law shall be .
GCC 9.1 Language of the Contract shall be .
GCC 10.2 For notices, the Public Body’s address shall be:
and 10.3 Public Body:
Attention:
Floor/Room number:
P.O. Box:
Street Address:
Town/City:
Post Code:
Country: Ethiopia
Telephone:
Facsimile:
E-mail address
For notices, the Supplier’s address shall be:
Supplier:
Attention:
Floor/Room number:
P.O. Box:
Street Address:
Town/City:
Post Code:
Country: Ethiopia
Telephone:
Facsimile:
E-mail address
GCC 11.1 (a) The Public Body’s Project Manager shall have the following additional powers and
/ or limitations to his or her authority to represent the Public Body in matters
relating to the Contract .
The Supplier’s Representative shall have the following additional powers and / or
GCC 11.2 (b)
limitations to his or her authority to represent the Supplier in matters relating to the
Contract .
GCC 15.1 In case of change of laws and regulation after the deadline for submission of the
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

Reference
in the performance of any of its obligations under the Contract.
GCC 16.1 For the Information Technologies, Materials, and other 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 16.3 For the Information Technologies, Materials, and other 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 26.3 The Public Body may assign, license, or otherwise voluntarily transfer its
contractual rights to use the Standard Software or elements of the Standard
Software, without the Supplier’s prior written consent, under the following
circumstances:
GCC 26.4 The Public Body’s and Supplier’s rights and obligations with respect to Custom
Software or elements of the Custom Software are as follows .
The Public Body’s and Supplier’s rights and obligations with respect to Custom
Materials or elements of the Custom Materials are as follows [.
GCC 26.5
GCC The Standard Software license shall be valid .
27.1(a)(iii)
GCC Use of the software shall be subject to the following additional restrictions .
27.1(a)(iv)
GCC The Software license shall permit the Software to be used or copied for use or
27.1(b)(ii) transferred to a replacement computer .
GCC The Software license shall permit the Software to be disclosed to and reproduced
27.1(b)(vi) for use (including a valid sublicense) by , subject to the same restrictions set forth
in this Contract.
GCC In addition to the persons specified in GCC Clause 27.1 (b) (vi), the Software may
27.1(b)(vii) be disclosed to, and reproduced for use by, subject to the same restrictions as are
set forth in this Contract.
GCC 27.2 The Supplier’s right to audit the Standard Software will be subject to the following
terms:
GCC 28.1 The Supplier shall commence work on the System within of days from the
Effective Date of the Contract.
GCC 28.2 Operational Acceptance will occur on or before .
C. Obligations of the Public Body

The Public Body shall have the following additional responsibilities: .
GCC 30.12
D. Payment

Reference
Subject to the provisions of GCC Clause 33, the Public Body shall pay the
GCC 33.1
Contract Price to the Supplier according to the categories and in the manner
specified below. Only the categories Advance Payment and Complete System
Integration relate to the entire Contract Price. In other payment categories, the term
"total Contract Price" means the total cost of goods or services under the specific
payment category. Within each such category, the Contract Implementation
Schedule may trigger pro-rata payments for the portion of the total Contract Price
for the category corresponding to the goods or services actually Delivered,
Installed, or Operationally Accepted, at unit prices and in the currencies specified
in the Price Schedules of the Contract Agreement.
(a). Advance Payment
Ten percent (10%) of the entire Contract Price, exclusive of all Recurrent
Costs, shall be paid against receipt of a claim accompanied by the Advance
Payment Security specified in GCC Clause 33.10.
(b). Information Technologies, Materials, and other Goods, with the exception of
Custom Software and Custom Materials:
(i) sixty percent (60%) of the total or pro-rata Contract Price for this category
against Delivery;
(ii) ten percent (10%) of the same price against Installation;
(iii) ten percent (10%) of the same price against Operational Acceptance.
(c). Custom Software and Custom Materials:
(i) sixty percent (60%) of the total or pro-rata Contract Price for this category
against Installation;
(ii) twenty percent (20%) of the same price against Operational Acceptance.
(d). Services other than Training:
Eighty percent (80%) of the pro-rata Contract Price for services performed
will be paid monthly in arrears, on submission and Public Body’s approval of
invoices.
(e). Training
(i) thirty percent (30%) of the total Contract Price for training services at the
start of the full training program;
(ii) fifty percent (50%) of the pro-rata Contract Price for training services
performed will be paid monthly in arrears, on submission and approval of
appropriate invoices.
(f). Complete System Integration
Ten percent (10%) of the entire Contract Price, exclusive of all Recurrent
Costs, as final payment against Operational Acceptance of the System as an
integrated whole.
(g). Recurrent Costs
One hundred percent (100%) of the price of the services actually delivered
will be paid monthly in arrears, on submission and Public Body’s approval of
invoices.

Reference
The Public Body shall pay the Contract Price to the Supplier, within the period of
GCC 33.4
the .
GCC 33.5 For Goods and Services 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

The Supplier shall have the following additional responsibilities: .
GCC 34.7
The amount of the Performance Security shall be:
GCC 42.1
GCC 42.3 The types of acceptable Performance Securities are: .

The currency shall be: .
GCC 42.4 Discharge of the Performance Security shall take place:

During the Warranty Period (i.e., after Operational Acceptance of the System), the
GCC 42.5
Performance Security shall be reduced to percent of the Contract Price, excluding
any Recurrent Costs.
F. Performance of the Contract
GCC 43.1 The Scope of Supply shall be defined in:
The Supplier’s obligations under the Contract will include the following recurrent
GCC 43.3
cost items:
The Supplier agrees to supply spare parts required for the operation and
maintenance of the System, as stated below, for the beginning with Operational
Acceptance. Moreover, the price of such spare parts shall be those specified in the
spare parts price schedule submitted by the Suppler as part of its bid. These prices
shall include the purchase price for such spare parts and other costs and expenses
(including the Supplier’s fees) relating to the supply of spare parts.
Chapters in the Project Plan shall address the following subject: .

GCC 44.1
Within days from the Effective Date of the Contract, the Supplier shall present a
GCC 44.2
Project Plan to the Public Body. The Public Body shall, within days of receipt of
the Project Plan, notify the Supplier of any respects in which it considers that the
Project Plan does not adequately ensure that the proposed program of work,
proposed methods, and/or proposed Information Technologies will satisfy the
Technical Requirements and/or the SCC (in this Clause 44.2 called “non-
conformities” below). The Supplier shall, within days of receipt of such
notification, correct the Project Plan and resubmit to the Public Body. The Public
Body shall, within days of resubmission of the Project Plan, notify the Supplier of
any remaining non-conformities. This procedure shall be repeated as necessary

Reference
until the Project Plan is free from non-conformities. When the Project Plan is free
from non-conformities, the Public Body shall provide confirmation in writing to
the Supplier. This approved Project Plan (“the Agreed and Finalized Project Plan”)
shall be contractually binding on the Public Body and the Supplier.
The Supplier shall submit to the Public Body the following reports:
GCC 44.5
The Contract shall be executed in accordance with the edition or the revised
GCC 45.2
version of all referenced codes and standards current at the date
The Supplier shall prepare and furnish to the Project Manager the following
GCC 45.3 (a)
documents for which the Supplier must obtain the Project Manager’s approval
before proceeding with work on the System or any Subsystem covered by the
documents:
The Supplier shall deliver the Information Technologies, Materials, and other
GCC 46.2
Goods to the following Locations: .
The Supplier responsible for obtaining all export and import licenses for the
GCC 46.6
Information Technologies, Materials, and other Goods
GCC 46.9 The shipping and other documents to be furnished by the Supplier are:
GCC 47.2 The following details must be shown on the outside of every package :
The Supplier shall provide the Public Body: .
GCC 49.4
GCC 52.1
Operational Acceptance Testing shall be conducted in accordance with .
GCC 53.3
If the Operational Acceptance Test of the System, or Subsystem(s), cannot be
GCC 53.4
successfully completed within days from the date of Installation or any other
period agreed upon by the Public Body and the Supplier, then GCC Sub-Clauses
53.9 (a) or (b) shall apply, as the circumstances may dictate.
G. Guarantees and Liabilities
GCC 56.3 Liquidated damages shall be assessed .
For Software, exceptions or limitations to the Supplier’s warranty obligations shall
GCC 57.1
be as follows: .
GCC 57.3 (iii) The Supplier warrants that the following items have been released to the market for the
following specific minimum time periods: .
The Warranty Period shall begin from the date of Operational Acceptance of the
GCC 57.4
System or Subsystem and extend for .
During the Warranty Period, the Supplier must commence the work necessary to
GCC 57.10
remedy defects or damage within of notification.
H. Risk Distribution

Reference
The Supplier shall obtain Third-Party Liability Insurance in the amount of with
GCC 65.1(c) deductible limits of no more than . The insured Parties shall be . The Insurance
shall cover the period from until .
For example:
The Supplier shall obtain Worker’s Compensation Insurance in accordance with
the statutory requirements of the Federal Democratic Republic of Ethiopia.
GCC 65.1(e) Specifically: . The Insurance shall cover the period from until .
The Supplier shall obtain Employer’s Liability Insurance in accordance with the
statutory requirements of the Federal Democratic Republic of Ethiopia.
Specifically: . The Insurance shall cover the period from until .
Part 3: Contract Section 9: Contract Forms
Section 9. Contract Forms

Table of Contents
A. Contract Agreement 1
1. The Agreement 1
2. Effective Date for Determining Time for Operational Acceptance 2
3. Appendixes 2
B. Appendixes 3
1. Appendix 1 - List of Approved Subcontractors 3
2. Appendix 2 - Categories of Software 4
3. Appendix 3 - List of Custom Materials 5
C. Performance Security 6
D. Advance Payment Security 7
E. Installation and Acceptance Certificates 8
1. Installation Certificate 8
2. Operational Acceptance Certificate 9
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
(d). The Public Body invited bids for the following Information System (“the System”) and has
accepted a Bid by the Supplier for the supply of this Information System in the sum of
(hereinafter called “the Contract Price”) in the manner and on the terms described herein
(e). The Supplier having represented to the Public Body that it has the required skills, personnel
and technical resources, has agreed to provide the Information System 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 and Appendices attached to the 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. Bidder Certification of Compliance with Annexes;
7. Technical Specification + Technical Offer + Compliance Sheet with Annexes;
8.
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.
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 Information
System 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
Information System and the remedying of defects therein, the Contract Price or such other sum
Document: Contract Forms Page 1 of 9 Issued by:
as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
2. Effective Date for Determining Time for Operational Acceptance
2.1 The time allowed for supply, installation, and achieving Operational Acceptance of the
Information System shall be determined from the date when all of the following conditions
have been fulfilled:
(a). This Contract Agreement has been duly executed for and on behalf of the Public Body and
the Supplier;
(b). The Supplier has submitted to the Public Body the performance security and the advance
payment security, in accordance with GCC Clause 55 and GCC Clause 33.10;
(c). The Public Body has paid the Supplier the advance payment, in accordance with GCC
Clause 33;
(d). .
Each party shall use its best efforts to fulfill the above conditions for which it is responsible as
soon as practicable.
2.2 If the conditions listed under 2.1 are not fulfilled within two (2) months from the date of this
Contract Agreement because of reasons not attributable to the Supplier, the parties shall
discuss and agree on an equitable adjustment to the Contract Price and the Time for Achieving
Operational Acceptance and/or other relevant conditions of the Contract.
3. Appendixes
3.1 The Appendixes listed below shall be deemed to form an integral part of this Contract
Agreement.
3.2 Reference in the Contract to any Appendix shall mean the Appendixes listed below and
attached to this Contract Agreement, and the Contract shall be read and construed accordingly.
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. Appendixes
1. Appendix 1 - List of Approved Subcontractors
The Public Body has approved use of the following Subcontractors nominated by the Supplier for
carrying out the item or component of the System indicated. Where more than one Subcontractor
is listed, the Supplier is free to choose between them, but it must notify the Public Body of its
choice sufficiently in advance of the time when the subcontracted work needs to commence to
give the Public Body reasonable time for review. In accordance with GCC Clause 13.3, the
Supplier is free to submit proposals for Subcontractors for additional items from time to time. No
subcontracts shall be placed with any such Subcontractors for additional items until the
Subcontractors have been approved in writing by the Public Body and their names have been
added to this list of Approved Subcontractors.
Place of Registration &

No. Item Approved Subcontractor
Qualifications
2. Appendix 2 - Categories of Software
General-
No. Software Item System Application Standard Custom
Purpose
Software Software Software Software
Software
3. Appendix 3 - List of Custom Materials
No. Custom Materials
C. 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:
D. 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:
E. Installation and Acceptance Certificates

1. Installation Certificate
Place and Date
To:
Dear Sir or Madam:

Pursuant to GCC Clause 52 (Installation of the System) of the Contract entered into between
yourselves and the (hereinafter the “Public Body”) dated , relating to the , we hereby notify you
that the System (or a Subsystem or major component thereof) was deemed to have been correctly
installed on the date specified below.
1. Description of the System (or relevant Subsystem or major component:
2. Date of Installation:
Notwithstanding the above, you are required to complete the outstanding items listed in the
attachment to this certificate as soon as practicable. This letter shall not relieve you of your
obligation to achieve Operational Acceptance of the System in accordance with the Contract nor
of your obligations during the Warranty Period.
For and on behalf of the Public Body
Name:
In the capacity of
Signed:
Duly authorized to sign the Installation Certificate for and on behalf of:
2. Operational Acceptance Certificate

Place and Date
To:
Dear Sir or Madam:
Pursuant to GCC Clause 53 (Commissioning and Operational Acceptance) of the Contract

entered into between yourselves and the (hereinafter the “Public Body”) dated , relating to the ,
we hereby notify you that the System (or a Subsystem or major component identified below)
successfully completed the Operational Acceptance Tests specified in the Contract. In accordance
with the terms of the Contract, the Public Body hereby takes over the System (or the Subsystem
or major component identified below), together with the responsibility for care and custody and
the risk of loss thereof on the date mentioned below.
1. Description of the System (or Subsystem or major component): Date of Operational
Acceptance:
This letter shall not relieve you of your remaining performance obligations under the Contract
nor of your obligations during the Warranty Period.
For and on behalf of the Public Body
Name:
In the capacity of
Signed:
Duly authorized to sign the Installation Certificate for and on behalf of:

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The Federal Democratic Republic of Ethiopia

Standard Bidding Document (SBD)

SBD-Information Systems (NCB) - Prepared by the FPPA (Version 1, October 2011)

Part 1 Bidding Procedures I

SBD-Information Systems (NCB) - Prepared by the FPPA (Version 1, October 2011)

Part 1 Bidding Procedures

29. Bid Opening 16

Section I. Instructions to Bidders

B. Contents of Bidding Document

8 and Sub-Clause 26.2.

outcome of the bidding process.

the manufacture or assembly if the contract is awarded to the Bidder.

(b). Other documents as stated in the BDS.

22.7 The bid security may be forfeited:

the Bid Submission Sheet, except as provided in ITB Sub-Clause 21.2; or

(vii) List of Custom Materials.

D. Submission and Opening of Bids

25.2 The inner and outer envelopes shall:

E. Evaluation and Comparison of Bids

Body’s request for clarification, its bid may be rejected.

integration, customization, production, management, and support capabilities, and conformity to

other Goods components of the Information System; or

Section 2. Bid Data Sheet

Section 2. Bid Data Sheet (BDS)

ITB 1.3 and The Procurement Reference Number is: 11/2010

ITB 12.5 The Incoterms edition is: Incoterms 2010

provided by contracting parties to the contracts successfully completed in the

In the interest of effective integration, cost-effective technical support, and

Alternative Bids be considered.

ITB 21.1 The bid validity period shall be: 60 days.

ITB 22.1 A bid security required.

ITB 29.1 The bid opening shall take place at:

ITB 38.6 Multiple award to one Bidder shall be permitted.

Section 3. Evaluation Methodology and Criteria

1. Professional, Technical, and Financial Qualification Criteria 1

Evaluation Criteria for Technical Qualification of Wireless

No Criteria Max. Score Remark

4 Knowledge transfer and experience sharing 10

5.4 BoQ without price in your technical document Mandatory

Adequately meets most of the requirements of the criteria. May be lacking in

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 Information System4

C. Bidder Certification of Compliance11

Bidder’s Legal Name:

In case of Joint Venture,

Legal Address in Country of

Historic Information for Previous Years

Annual Turnover Data

3. Technical Qualifications, Competence, and Experience in the Procurement

Name of Bidder or partner in a Joint Venture:

No pending litigation in accordance with Sub-Factor 1.2(c) of Section 3, Evaluation and

Outcome as Total Contract

5. Current Contract Commitments / Installation in Progress

6. Professional Qualifications and Capabilities

Year before last Last year This year