You are on page 1of 18

CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS

KR3-05 220 kV TRANSMISSION LINES

Kröflulína 3
220 kV Transmission Line

KR3(/HS3)-05 Conductors

Instruction to Tenderer

2019-05-70
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

Contents
1. Instructions to tenderer .................................................................................1

1.1 General information ................................................................................1

1.2 Basis for tendering ..................................................................................2

1.3 Minimum requirements to Tenderer ..........................................................2

1.4 Preparation of Tenders ............................................................................3

1.5 Submission of Tenders ............................................................................6

1.6 Tender opening and evaluation .................................................................7

2. Conditions of contract.................................................................................. 11

2.1 Particular conditions .............................................................................. 11

i
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

1. Instructions to tenderer
1.1 General information

1.1.1 Tender regulations


The Tender is a closed tender subject to negotiation procedure based on “regulation no. 340/2017 on
procurement procedures of entities operating in the water, energy, transport and postal services
sectors”.

1.1.2 Contracting entity


Landsnet
ID no. 580804-2410
Gylfaflöt 9
112 Reykjavík
Iceland

In the present tender specifications called the Employer or the Owner.

1.1.3 Scope of Works including options


The scope of works including options is as stated in the Employers requirements.

1.1.4 Division into lots


The supply will not be divided into lots.

1.1.5 Alternatives
Alternative offers not are allowed.

1.1.6 Taking Over


The cables and optional accessories shall be ready for the Employer’s taking over as stated in the
Appendix.

1.1.7 Cost of tendering


The Tenderer shall bear all costs associated with the preparation and submission of his Tender,
including site visits, attending clarification meetings and all other costs in relation to the Tender, and
the Employer will in no case be responsible for, or pay for, expenses or losses that may be incurred by
any Tenderer in the preparation of his Tender, regardless of the conduct or outcome of the tendering
process.

1
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

1.2 Basis for tendering


1.2.1 Content of Tender documents
The Tenderer must examine all instructions, forms, terms, specifications and other information in the
tender documents. Failure to comply with the information requirements in the tender documents may
disqualify the Tender.

1.2.2 Information and questions


If the Tenderer has any doubt as to the meaning or intent of any of the provisions of this Tender
Document or if he identifies any discrepancies or contradictions, he must seek the Employer’s
clarification as soon as possible, whose interpretation shall be final.

No verbal communication with any officer, agent or employee of the Employer, at any time, will affect
or modify the Tender Documents. Anybody intending to submit a Bid and being in doubt as to the true
meaning of any part of the Tender Documents shall at once notify the Employer and request
clarification prior to submitting his Bid. Such request will not be answered if it is sent later than nine
days before the final date fixed for the receipt of bids, provided that it is sent in good time in regard to
the subject matter of the request. All requests for clarification shall be submitted on Employers
tendering system.

The Employer has the right at his sole discretion to issue amendments, answers to questions and
clarifications to the Tender Documents at any time until six days prior to the deadline for submission
of Tenders during the Tender Period. Such amendments and any questions will be issued to all
participating Tenderers and will as far as possible take due consideration of the remaining Tender
Period.

No answer can be expected to questions received later than nine days before the expiry of the time
limit.

The Employer will not entertain any subsequent claim for additional sums or extensions of time which
arises from a circumstance which should have been clarified by the Tenderer in accordance with this
requirement before furnishing his Tender.

1.3 Minimum requirements to Tenderer


1.3.1 Technical and financial ability
The Employer will assess the qualification of the Bidder and the principal manufacturer for carrying
out the Contract. The Bidder shall for that purpose submit with his Bid necessary information about
his technical and financial ability. Minimum reference is of three similar projects in length and
dimension (diameter and weight), at least 300 km conductor, to countries above 50 degree latitude
north in the European Economic Area within the last 5 years. The Bidder shall submit if required by the
Employer an appropriate statement from his commercial bank describing his financial ability and of
the principal manufacturer. The Bidder shall further submit a presentation of his and the principal
manufacturer balance sheets or extracts from balance sheets for the past three years. The yearly
annual turnover in year 2015, 2016 and 2017 of the Bidder shall be at least 10.000.000 EUR and the

2
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

shareholder’s equity shall be at least 3.000.000 EUR and equity ratio shall be minimum 2-10%
according to balance sheet 2017. For equity of EUR 3.000.000 the ratio shall be at least 10% and for
each 5.000.000 EUR that the shareholder’s equity increases over 3.000.000 EUR the minimum equity
ratio is allowed to decrease by 1%. The Bidder shall have fulfilled his obligations relating to the
payment of taxes and social security contributions according to the regulations of the country where
he is registered. A certificate thereof, issued by the competent authority, shall be submitted with the
Bid. If the principal manufacturer is not the bidder the principal manufacturer shall fulfil all the same
requirements with exemptions that are found in the Article 79. of the EU directive 2014/25.

1.3.2 Legal form


In the case that two firms submit their bid, as members of a Joint Venture, one of the firms shall be a
sponsor thereof, the appointment of which shall be subject to the Owner’s approval. The members of
a Joint Venture shall be jointly and severally responsible for all obligations under the Contract, without
reservations of any kind. The sponsoring firm shall submit proof to the effect that it has full power and
authority to act on behalf of all members of the Joint Venture with fully binding effects for all of them,
on the basis of the above described rule of responsibility. Separate and complete information shall be
submitted for each individual member of such a Joint Venture.

1.3.3 Quality, Health, Safety and Environmental Management System


The Manufacturer shall have a certified quality, health, safety and environmental Management system
according to:
• ISO 9001:2015
• ISO 14001:2015
• ISO 45001:2018 or OHSAS 18001:2007
Or other applicable standards acceptable to the Employer. The Bidder shall include with his Bid a
description of his management systems and be prepared to furnish further information during the
evaluation of the Bid.

1.4 Preparation of Tenders


1.4.1 Language of Tender
The Tenderer shall prepare all his Tender documentation in the English or Icelandic language. All
correspondence shall be in English.

Documents within the Employer’s Requirements issued by Icelandic Authorities are in Icelandic and
may not be translated. Any translation for understanding purposes is the sole responsibility of the
Tenderer. In case of discrepancies between a translation and the original text then the original text will
prevail.

1.4.2 Requirements for documentation


The Tender must be submitted in accordance with the specifications given in the Tender Documents.
Accordingly, copies of the Tenderer's own general terms and conditions or those of his proposed
subcontractors must not be attached to or referred to in his Tender. Any such general terms and

3
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

conditions included or referred to in the Tender will be disregarded, by the Employer, and may lead to
disqualification of the Tenderer.

In connection with submission of Tender, Tenderers should take into account the following points:

a) Instructions to Tenderers, Annex A – Appendix to Tender must be duly completed.

b) Instructions to Tenderers, Annex B – Schedules of Prices comprising of the Schedules


furnished in the Tender Documents and inserted in consecutive numbers, duly completed
and signed by the Tenderer, including any documentation requested in said Annex B)
Schedule of Prices or supplied at the Tenderer’s own discretion, pursuant to the
requirements below.
Tender Prices and Rates
The Tender prices and rates quoted by the Tenderer shall be on a firm fixed price basis
during the Tenderer’s performance of the Contract and shall not be subject to contract price
adjustment on any account unless specifically stated otherwise in the Tender document.

Tenderers shall give a breakdown of the prices in the manner and detail called for in Annex
B) Schedules of Prices.

Unless otherwise specified in the Tender documents, Tenderers shall quote on a “single
responsibility” basis such that the total Tender price covers all the Contractor’s obligations
mentioned in or to be reasonably inferred from the Tender Documents in respect of the
execution and completion of the Works including remedying of any defects.

The Contract Price includes taxes, custom duties, port duties, delivery of all documents
reasonably required by the Employer, transportation, insurance and any other costs and fees
relating to the Deliverables with the exception of any applicable Icelandic VAT.

c) Information about financial ability, according to section 1.3 including:


(i) Audited balance sheets or extracts from balance sheets for the past three years,
according to section 1.3.1.

(ii) Documents from relevant authorities confirming payment of taxes. The documents
must be dated within 90 days before the Tender Submission Deadline. Should the
Tender Submission Deadline be delayed the 90 day period will be extended by the
same duration.
(iii) Documents from relevant authorities confirming payment of social security
contributions. The documents must be dated within 90 days before the Tender
Submission Deadline. Should the Tender Submission Deadline be delayed the 90 day
period will be extended by the same duration.

4
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

d) Information about technical ability, according to section 1.3 including:


(i) A list of all major deliveries for subjected material, according to section 1.3.1.

(ii) A description of the manufacturers’ technical facilities, according to section 1.3.1

(iii) An indication of the arrangements made for quality checks on the manufacturer
premises, according to section 1.3.3.

e) Tenderer’s requirements description


The Tenderer must as a part of the Tender produce a “Tenderer’s requirement description”,
giving an overall description of the technical, functional and maintenance aspects of the
offered project, in order to substantiate conclusions drawn by the Tenderer. The description
must be elaborated in sufficient detail to demonstrate that all aspects of the project have
been appreciated by the Tenderer, and that a Tender of the quality and to the extent
required by the Employer is being offered. The description shall include, but not be limited to
the following:

(i) A detailed description of the essential technical and performance characteristics of


the deliveries including any documentation requested in Employers requirements.
The documentary evidence of the conformity of the deliveries to the Tender
Documents may be in the form of literature, drawings and data.

(ii) A list of all major deliveries for subjected equipment supplied by him or the principal
manufacturer effected in the past three years, with sums, dates and recipients, public
or private, involved.

(iii) The Bidder shall submit with his Bid a description of his or the principal manufacturers
technical facilities, its measure for ensuring quality and its study and research facilities.

(iv) References that shows that the tenderer fulfils the minimum requirement in
Technical Requirements.

f) Sub-contractors proposed by the Tenderer


The Tenderer shall attach to his Tender details of all major items of supply or services that he
proposes to purchase or sublet, and shall give details and name of the proposed
subcontractor, including vendors, for each of those items.

Tenderers are free to list more than one subcontractor against each item of the facilities.
Quoted rates and prices will be deemed to apply to whichever subcontractor is appointed,
and no adjustment of the rates and prices will be permitted.

The Employer must approve any use of subcontractors.

5
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

1.4.3 Currencies of Tender and payment


All rates, prices and amounts quoted in the Tender must be in EUR.

Contractual payments from the Employer will be made directly in the agreed currency proportions to
the Contractor.

Advance payments will only be made against an Advance Payment Guarantee as stated in Particular
Conditions.

1.4.4 Period of validity of Tender


Tenders must remain valid for minimum three months after deadline for submission of Tenders. A
Tender valid for a shorter period may be rejected by the Employer as being non-compliant.

The Employer may solicit the Tenderers’ consent to an extension of the Tender validity period. The
request and responses thereto must be sent out to tenderers through Employers tendering system.

1.4.5 Tender for Alternative Scope of Works including options


Alternative tenders are not accepted.

1.4.6 Format and Signing of Tender


The Tenderer shall prepare complete Tender electronically. Wherever possible the Tender material
must be compatible with Microsoft Office or Adobe Acrobat with the Schedules of Prices (Annex B)
being submitted in an Excel spread sheet and Technical Data Sheets in Word/Excel readable format.
Included in the submittal of documents there shall be a scanned copy of signed schedule of prices,
named “Schedule_of_prices”_signed. It is also preferable to submit scanned and signed tender letter.

1.5 Submission of Tenders


1.5.1 Sealing and marking of Tenders
Bids shall be submitted in the Employers tendering system and bids shall be submitted on the Bid Form
and shall be accompanied by the authority or power of attorney of the Bidder who has signed the Bid.
All documents that needs to be signed shall be scanned and delivered with the bid documents and
submitted in separate files with the file name the as the bid form.
Missing documents in the submission can lead to rejection of the Tender.

1.5.2 Deadline for submission of Tenders


Tenders must be submitted in the Employers tendering system before the time limit in Sub-Clause
1.6.6

1.5.3 Withdrawal of Tenders


A Tenderer can withdraw his Tender in the tendering system prior to the deadline prescribed for
Tender submission.
No Tender may be withdrawn in the interval between the Tender submission deadline and the
expiration of the Tender validity period specified in Sub-Clause 1.4.4.

6
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

1.6 Tender opening and evaluation


1.6.1 Delivery of Tenders
There will be no formal opening meeting and the tenderers will not be informed of the Proposals
submitted by other Tenderers. Tenderer shall deliver the tenders on the date specified in Sub-clause
1.6.6 or as otherwise notified to the Tenderers.

1.6.2 Process to be confidential


The Tender evaluation process will be carried out in strict confidentiality. Information from individual
Tenders or other information relating to the examination, clarification and evaluation of individual
Tenders and recommendations for the award of Contract will not be disclosed to other Tenderers or
any other persons not officially concerned with such process, until the award to the successful
Tenderer has been announced.

1.6.3 Negotiation
The Employer reserves the right to award the contract based on the initial tender and as a result,
tenderers cannot rely on the possibility to enter into negotiations. Tenderers are therefore encouraged
to refrain from making unnecessary reservations. If the Employer decides not to make use of the right
to award based on the initial tender, the below outlined negotiation process will commence.

All tenderers who have submitted tenders within the submission deadline, will be invited to participate
in the initial negotiations and get the opportunity to submit a revised tender. The Employer reserves
the right to award the contract based on the revised tender unless the Employer decides to conduct
additional rounds of negotiations. In this case the Employer will invite the tenderers to such additional
rounds of negotiation and the tenderers will again be given the opportunity of submitting a revised
tender. The Employer is entitled to decrease the number of tenderers who will be invited to the
additional rounds of negotiations (short list), cf. the negotiation procedure as described below.

The Employer reserves the right to commence negotiations with tenderers who in the initial tender or
a revised tender has included reservations to the tender documents (including mandatory
requirements). If the reservations are not withdrawn prior to the award the Employer may be obliged
to reject the tender as non-compliant.

The negotiation process:


I. Initial tender
The first tender must be submitted according to the deadline stated in section 1.1.6.1.
Tenders received after this deadline will be rejected.

II. Initial negotiations


All tenderers who have submitted timely first tenders will be invited to participate in a
negotiation meeting. The negotiations are expected to be conducted in accordance with
the time schedule. The negotiation meeting has three main purposes: 1) Give the tenderer
the opportunity to present the tender, 2) Give both the Employer and the tenderer the
chance to clarify any misunderstandings and/or uncertainties with regard to either the

7
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

tenderer’s interpretation of the tender documents or the Contracting Authority's


understanding of the tender, and 3) the Employer will present its view of the strong and
weak points of the initial tender. As a result, the initial negotiation leads to the tenderer
being given the opportunity to revise the tender and may lead to changes to the tender
documents made by the Employer.

III. Revised tender


Following the initial negotiation the tenderers are given the possibility to submit a revised
tender. The revised tender should be forwarded with “track changes”-marking in order for
The Employer to quickly identify areas that have been changed. The Employer reserves the
right to award the contract based on the revised tender.

IV. Additional negotiation round(s) (if applicable)


The Employer reserves the right to conduct one or more rounds of negotiations. In this
case the purpose of the negotiations will be the same as described in part II. The Employer
is further entitled to reject non-compliant tenders and decrease the number of tenderers
who will be invited to the additional rounds of negotiations (short list). It may as a result
only be the [2-3] compliant tenderers who are considered the most economically
advantageous at this stage, who will be invited.

V. Additional revised tenders (if applicable)


Following the additional rounds of negotiations the tenderers are given the possibility to
submit a revised tender, cf. the process described in part III.

VI. Submission of Best and Final Offer (BAFO)


Following the negotiations the tenderers are asked to submit a BAFO (unless the contract
was awarded based on a revised tender). The BAFO should be forwarded with “track
changes”-marking in order for The Employer to quickly identify areas that have been
changed. The BAFO must be submitted no later than the deadline communicated to the
tenderers. BAFO’s received after this deadline will be rejected, but the Employer does in
such case, however, reserve the right to include a previous submitted revised tender if
such a tender is still valid, and such a tender does not include reservations which makes it
non-compliant.

VII. Tender evaluation


When the negotiations are finalized the Employer will proceed with the tender evaluation.
All tenderers will simultaneously receive notification of the results of the evaluation and
the award of the contract. Having awarded the contract, the Employer reserves the right
to conduct final clarifications with the selected tenderer with due respect of the principles
of equality and transparency.

8
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

1.6.4 Preliminary examination of Tenders


The Employer will examine the Tenders to determine whether they are complete, whether any
computational errors have been made, whether the documents have been properly signed, and
whether the Tenders are generally in order.

Arithmetical errors will be rectified on the following basis: If there is a discrepancy between the unit
price and the total price, which is obtained by multiplying the unit price and quantity, or between
subtotals and the total price, the unit or subtotal price must prevail, and the total price must be
corrected. If there is a discrepancy between words and figures, the amount in words will prevail.

1.6.5 Evaluation
After receipt of the Tenders, the Employer will start to evaluate the Tenders in order to find the
economically most advantageous Tender for (1) Scope of Works including options and (2) Alternative
Scope of Works including options (if any).

The following sub-criteria will be used to form the basis of the evaluation:

Economy 100 %
The Employer’s cost of the bid for evaluation purposes is calculated as:
− Employer’s cost = Tender bid + Other cost for Employer
Where;
Tender bid: Total Tender Price from Schedules of prices.

Other cost for Employer: Evaluated cost for inspection during


manufacturing, attending FAT, attending Type Test (if needed) and
Employer’s audit of manufacturing facilities, as listed in Table 5. 1.

Table 5. 1 Employer’s evaluated other cost for different locations of Contractor’s manufacturing
facilities for offered cable. To be applied as relevant for Contractor bids.
Location of Contractor's manufacturing facilities
European Other
Other costs for Economic European North Rest of the
Employer Zone countries Asia America world
Inspection during
manufacturing 10.000 EUR 12.000 EUR 18.000 EUR 16.000 EUR 28.000 EUR
FAT tests 10.000 EUR 12.000 EUR 18.000 EUR 16.000 EUR 28.000 EUR
Type tests 19.000 EUR 20.000 EUR 24.000 EUR 22.000 EUR 34.000 EUR
Audit of manufacturer 13.000 EUR 14.000 EUR 18.000 EUR 16.000 EUR 28.000 EUR

9
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

1.6.6 Procurement Time Schedule (DD-MM-YYYY)

1. Issue of tender documents 12-07-2019

2. Deadline for questions, cf. Sub-Clause 1.2.2 02-08-2019

3. Time limit for receipt and opening of tenders 20-08-2019 11:00

4. Award of contract (expected) 09-09-2019

5. Commencement of contract 09-09-2019

The time schedule is subject to change.

10
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

2. Conditions of contract
The General Conditions of Contract are based on Fidic Short Form of Contract with respect to the
particular conditions in chapter 2.1.

The following Particular Conditions shall supplement the General Conditions of Contract.

Whenever there is a conflict, the provisions in the Particular Conditions shall prevail over those in the
General Conditions.

2.1 Particular conditions

2.1.1 Payment schedule


Instalment no.: Milestone for Supply Amount
% of Accepted Contract
Amount
1 Issue of a performance security 10%
2 Start manufacture of conductors 20%
3 Completion of routine and sample test for cable / to 25%
be paid proportionally against receipt of test reports
4 To be paid proportionally against receipt of FAT 35%
report (following first batch), original invoice and
original shipping documents
5 Taking over certificate (Certificate of delivery) 10%

2.1.2 Chain liability/Subcontractors


The Contractor shall comply with the relevant laws and regulations pertaining to workplace relations
during the execution of the project. The Contractor shall be responsible for and shall ensure that all
employees, including those employed by the Contractor, subcontractors or employment agencies,
receive wages and employee benefits in accordance with existing collective agreements and the laws
and regulations within their profession and their field of work. The aforementioned shall apply
regardless of the length of employment of the employee. Employee benefits include, among other
things, health and accident cover and other agreed rights outlined by the collective agreements. The
Contractor shall be able to provide proof of the fulfilment of all these rights and obligations to the
Purchaser, throughout the length of the contract. The Contractor shall provide documents deemed
appropriate by the Purchaser as proof of the fulfilment of these rights and obligations within 10
calendar days of the request.

Statements by the competent bodies can be considered sufficient evidence e.g. confirmation from the
relevant employee union. Should the Contractor fail to produce the relevant documentation within
the given period or fail to demonstrate the fulfilment of the aforementioned rights and obligations
then the Purchaser can impose a daily penalty (to be paid by the Contractor) of anything up to
5.000 EUR (excluding VAT) for each day beyond the 10 day deadline. The penalty shall be applicable
until the conditions have been fulfilled. Should these daily penalties exceed 10% of the total value of
the contract then the Purchaser shall reserve the right to terminate the contract. The Purchaser may

11
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

withhold payments pending receipt of daily penalties or unpaid wages and reserves the right to
allocate payment to the victim/employee as appropriate and in consultation with the relevant union

2.1.3 Final taking over


The completion of the delivery depends on the following deliveries:
- Delivery of all conductors

Defects notification period starts upon the completion of the delivery.

Item Delivery
Dates

Batch 1 Complete delivery of cable drums at Húsavík 03-02-2020


harbour terminal (DAT incoterms 2010).
Batch 2 Complete delivery of cable drums at Reyðarfjörður 03-02-2020
harbour terminal (DAT incoterms 2010).

As soon as practicable after the Employer receives materials and equipment furnished under this
Contract in Iceland, such materials and equipment will be checked with regard to quantities and
damage. Following said checking, and as soon as all the equipment and materials covered by the
Contract are fully delivered and received in a satisfactory condition and quality according to the
Employer's opinion, he will issue a Taking-over notice(Certificate of Delivery).

12
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

2.1.4 Form of advance payment guarantee

ADVANCE PAYMENT GUARANTEE

[Brief description of Contract]

Beneficiary:
Landsnet hf.
Gylfaflöt 9
112 Reykjavík
Iceland

(Whom the Contract defines as the Employer).

We have been informed that [Name and address of Contractor] (hereinafter called the ‘Principal’) is
your contractor under such Contract and wishes to receive an advance payment, for which the
Contract requires him to obtain a guarantee.

At the request of the Principal, we (name of bank) ……………………………………….. hereby irrevocably


undertake to pay you, the Beneficiary, any sum or sums not exceeding in total the amount of
……………………………. (the ‘guaranteed amount’, say: ………………………………………….) upon receipt by us of
your demand in writing and your written statement stating:

(a) that the Principal has failed to repay the advance payment in accordance with the conditions
of the Contract, and

(b) the amount which the Principal has failed to repay.

This guarantee shall become effective upon receipt of the advance payment by the Principal. Such
guaranteed amount shall be reduced by the amounts of the advanced payment repaid to you, as
evidence by your notices issued under sub-clause 14.6 of the conditions of the Con-tract. Following
receipt (from the Principal) of a copy of each purported notice, we shall prompt-ly notify you of the
revised guaranteed amount accordingly.

Any demand for payment must contain your signature(s) which must be authenticated by your bankers
or by a notary public. The authenticated demand and statement must be received by us at this office
on or before (the date 70 days after the expected expiry of the Time for Completion) ………………….. (the
‘expiry date’), when this guarantee shall expire and shall be returned to us.

We have been informed that the Beneficiary may require the Principal to extend this guarantee if the
advance payment has not been repaid by the date 28 days prior to such expiry date. We undertake to
pay you such guaranteed amount upon receipt by us, within such period of 28 days, of your demand

13
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

in writing and your written statement that the advance payment has not been repaid and that this
guarantee has not been extended.

This Bond shall be governed by and construed in accordance with Icelandic law.

Date …………………….. Signature(s) ………………………………………………………………………………………….

14
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

2.1.5 Form of Performance security

[Brief description of Contract]


Beneficiary:
Landsnet hf.
Gylfaflöt 9
112 Reykjavík Iceland

(whom the Contract defines as the Owner, is hereinafter also referred to as the Beneficiary).

We have been informed that [Name and address of Contractor], hereinafter called the 'Principal', is
your contractor under such Contract, which requires him to obtain a performance security guarantee.

At the request of the Principal, we (name and address of bank) ……………….. hereby on demand and
with no legal action or any other prejudice undertake to pay you, the Beneficiary, any sum or sums not
exceeding in total the amount of ……………….. (the 'guaranteed amount'), say: …………………………, excl.
VAT, upon receipt by us of your demand in writing and your written statement stating:

(a) that the Principal is in breach of his obligation(s) under the Contract, and
(b) the respect in which the Principal is in breach.

Any demand for payment must be in writing and signed by duly authorized representatives of the
Beneficiary. A copy of the Contract should be enclosed. The demand and statement must be received
by us at this office on or before [the date 70 days after the expected expiry of the Defects Notification
Period for the Works] ………………….. (the ‘expiry date’), when this guarantee shall expire and should be
returned to us.

Upon receipt to us of copy of the Provisional Acceptance Certificate the guaranteed amount will be
reduced from 15 % to 5%, …………. [reduced amount], during the warranty period as stipulated in the
Contract.

The Beneficiary may require the Principal to extend this guarantee if the performance certificate under
the Contract has not been issued by the date 28 days prior to the expiry date. We undertake to pay
you the guaranteed amount upon receipt by us, within a period of 28 days of your demand in writing
and your written statement that the performance certificate has not been issued, for reasons
attributable to the Principal, and that this guarantee has not been extended.

This guarantee is non-transferable without the prior written consent of the issuer and shall be
governed and construed by the laws of Iceland. Any unsettled dispute between the parties shall be
solved before the District Court of Reykjavík.

Date …………………………. Signature(s)………………………………………………………………………………………

15
CONTRACT DOCUMENTS 2019-05-70 CONDUCTORS
KR3-05 220 kV TRANSMISSION LINES

2.1.6 Form of Contract


Agreement

The Employer is ___________________________________________________________________ of


__________________________________________________________________________________
__________________________________________________________________________________

The Contractor is __________________________________________________________________ of


__________________________________________________________________________________
__________________________________________________________________________________
The Employer desires the execution of certain Works known as ______________________________
__________________________________________________________________________________

OFFER
The Contractor has examined the documents listed in the Appendix which forms part of this Agreement
and offers to execute the Works in conformity with the Contract for the sum of
__________________________________________________________________________ (in words)
_______________________________ (in figures) (________________________________________)
or such other sum as may be ascertained under the Contract.

This offer, of which the Contractor has submitted two signed originals, may be accepted by the
Employer by signing and returning one original of this document to the Contractor before
_____________________________________________________________________________(date)

The Contractor understands that the Employer is not bound to accept the lowest or any offer received
for the Works.

Signature: __________________________ Date: ______________________________


Name: _____________________________ Authorised to sign on behalf of (organization name):
_____________________________
Capacity: _____________________________ ______________________________________

ACCEPTANCE

The Employer has by signing below, accepted the Contractor’s offer and agrees that in consideration
for the execution of the Works by the Contractor, the Employer shall pay the Contractor in accordance
with the Contract. This Agreement comes into effect on the date when the Contractor receives one
original of this document signed by the Employer.

Signature: __________________________ Date: __________________________________


Name: _____________________________ Authorised to sign on behalf of (organization name):
_______________________________________
Capacity: ___________________________ _______________________________________

16

You might also like