Professional Documents
Culture Documents
VOLUME 1 OF 5
FOR
AL NASSER WAREHOUSE
AL WAKRAH, QATAR
MAY 2017
AL NASSER WAREHOUSE
ERGA QATAR
TENDER DOCUMENT
INDEX
VOLUME 2 : SPECIFICATIONS
2.2 : ELECTRICAL
3.2 : ELECTRICAL
VOLUME 4 : DRAWINGS
PROJECT LOCATION
Al Nasser Warehouse
PROJECT LOCATION
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TENDER & CONTRACT CONDITIONS VOLUME 1
Brief Description of Project and Work
The plot area is 8,491 m² and comprises of Warehouse, Labour Accomodation, Offices, Service
Block and Guard House with total built-up area of approximately 6,403m² with the following
floors.
Warehouse:
Ground Floor
Mezzanine Office
Mezzanine Storage
Labor Accomodation:
Basement
Ground Floor
First Floor
Second Floor
Offices:
Ground Floor
First Floor
Service Block:
Ground Floor
Guard House:
Ground Floor
The Work comprises the provision of all plant, labour, technical and professional services,
supervision, construction equipment, technical assistance, testing and operations necessary for the
completion of the proposed Al Nasser Warehouse, Qatar. These include carrying out all
Civil, structural, Architectural, Finishes and MEP works.
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TENDER & CONTRACT CONDITIONS VOLUME 1
Form of Tender and appendix
FORM OF TENDER
M/s. ……………………………………..
P.O.Box…………………………………
Doha-Qatar
Sir,
Having examined the Tender Document; Conditions of Contract, Form of Agreement, Specification,
Drawings, Bill of Quantities and Tender Addenda for the execution of the above named Works, we
the undersigned, offer to construct, complete the whole of the said Works in conformity with the
said Drawings, Conditions of Contract, Specification, Bills of Quantities, for a lump sum Contract
price of Qatari Riyals:
A Tender Bond valid for one hundred twenty (120) days in the sum of QR __________________
We acknowledge that Appendices A to I to this Tender form part of our Tender and have been duly
completed.
Date:
We acknowledge receipt of the following circular letters and faxes issued by the Engineer:
___________________________ ________________________
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___________________________ ________________________
___________________________ ________________________
___________________________ ________________________
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___________________________ ________________________
We undertake if our Tender is accepted, to commence, complete and deliver the whole of the Works
within the duration stated in the tender documents including mobilization from the date of the Engineer’s
written order to commence and to comply with the programme requirements of the Conditions of
Contract and of the Specification.
We agree to abide by this Tender for a period of one hundred twenty (120) days from the date of
closing of the tenders by the Employer and it shall remain binding upon us and may be accepted at
any time before the expiration of that period.
We understand that you are not bound to accept the lowest or any tender you may receive.
Date:
___________________
Address: ___________________
___________________
___________________
Address ____________________
____________________
____________________
APPENDIX A
Particular Contract Clauses
Amount of Performance Bond 10 10% of the Contract Price to be submitted
within (28) days from the date of Letter of
Acceptance and valid until 90 days after the
end of Maintenance Period.
Insurance for Contractor’s All Risk 21 Contract Price plus 10 % of Contract Price
(Permanent ,Temporary work and all material
to be included herein)
Minimum Amount of Third Party Insurance 23 (2) QR 2,000,000.00 any one occurrence,
number of occurrence unlimited. To be
obtained from an approved Qatari Insurance
Company.
Amount of Liquidated Damages for Delay 47 (1) 0.1 % of Contract Price per day or part of a
day.
Defect Liability Period 49 (1) (400) days from the date of Completion
Maximum allowed overhead and profit for 58.1 5% of the Nominated Sub-Contract Price
additional works that would be carried out
by nominated Sub-contractor
Maximum allowed overhead and profit for 51.3 10% of the Additional works amount
Variation / Additional works that would be
carried out by Main Contractor
Payment after Receipt of Certificate 60 (4) To be within (45) days from the date of
receipt of the Engineer's Certificate of
Payment
APPENDIX B
The Tenderer shall insert below the details of the main items of constructional plant and equipment
which he proposes to use for the Works. This list will be the minimum that the Tenderer, whose tender
is accepted, has to provide onsite.
The provision of this information shall not relieve the Tenderer whose tender is accepted from
providing such information as the Engineer may require in accordance with the Conditions of
Contract of the Constructional Plant and Equipment he proposes to supply or use, neither shall it in any
way relieve him of any of his obligations to carry out, construct, complete and maintain the Works in
accordance with the Contract.
APPENDIX C
CONTRACTOR’S SUPERINTENDENCE
Agent or Representative
The Tenderer is to state the name and qualification of the representative whom he proposes would be
responsible in accordance with Clause 15 of General Condition of Contract. The Tenderer is to state the
names and qualifications of full time site engineer, foremen and other staff he proposes to employ on
the site which will be deemed to represent the minimum required for the works.
APPENDIX D
The Tenderer shall list below the names and addresses of any sub-consultant, sub-contractors and
suppliers from whom he proposed to obtain services and goods.
Engineering sub-consultant proposed shall be named from the approved Government list for Class A
Consultants.
A copy of each of all the proposed engineering sub-consultants licenses shall be submitted with the
Tender.
The Tender shall be deemed to have satisfied himself as to the sufficiency of his Tender, particularly in
respect of services and goods to be provided by proposed sub-contractors and suppliers. He shall ensure
that all such works, comply with the drawings, specifications and all other tender and standard
documents and that the sum stated on the Form of Tender contains no qualifications.
The successful Tenderer shall not be permitted to change any sub-contractor or supplier named in this
list without first obtaining the Engineer’s written approval. Acceptance of the tender as a whole will
not imply approval of any sub-contractor or supplier listed below. Full technical submissions will be
required to be presented to the Engineer for his written approval as required by the Condition of
Contract and the Specifications.
APPENDIX E
SCHEDULE OF EQUIPMENT
The Tenderer shall list below, and on additional sheets as necessary, detail of the equipment, preferred
manufacturers or proposed alternative manufacturers included in his Tender.
The Tenderer shall have available, at the time of submission of his Tender, samples of all the above
materials/ equipment which he proposes to use in constructing the Works.
APPENDIX F
MEMORANDUM OF PROCEDURE
The Tenderer shall submit below or with his Tender a brief method statement of his proposed general
method of work, project program / timetable for the execution of the Works. The document is
complementary to the detailed scheme of procedure and method to be furnished by the successful
Tenderer in accordance with Clause 14 of the Condition of Contract and shall not be in lieu of the
particulars thereby required.
APPENDIX G
QUALIFICATIONS
N.B:
Tenderer’s attention is drawn to Clause 10 ‘Qualifications and/ or Alternative Tenders’ of the section
headed ‘Instruction to Tenders’.
We confirm that the sum given on the Form of Tender is without qualification in any way whatsoever
the tender documents.
The following is a list of our qualification (if any) to the Form of Tender with associated costs:-
Qatar Riyals
APPENDIX H
We hereby confirm that we have visited the site and that we have no queries on any matters concerning
the Contract the connection with prevailing site conditions.
APPENDIX I
The Tenderer shall submit the forecast programme schedule which show with expected cash flow over
the 365 days period of the Contract and provide last 3 years Audited Financial Statements.
APPENDIX J
TENDER ADDENDA
We hereby acknowledge receipt of the below referenced Addendum to the Request to Tender and the
Tender Addendum shall be incorporated into our Tender submission.
___________________________ ________________________
___________________________ ________________________
___________________________ ________________________
___________________________ ________________________
___________________________ ________________________
The above acknowledgment stated whether the price contained in our sealed Tender is to remain and
unchanged value as per Tender.
APPENDIX K
The Tenderer shall submit a valid Power of Attorney which attached to the Form of Tender identifying
the authorized signatory. It shall be signed by a person duly authorized to sign on behalf of the
Tenderer.
APPENDIX L
KEY PERSONNEL
The Tenderer shall provide all key personnel involved in the project execution as per tabulated details
with include the requirement for CVs for all those persons in key positions mentioned.
Experience
Current
Position Name Qualification
With responsibilities
Total
Firm
APPENDIX M
ORGANIZATION CHART
Tenderer shall submit Organization Chart which clearly shows the company structure with respect to
subsidiaries and Joint Venture Partners, if applicable. The Organogram shall indicate positions of
personnel and the person responsible for QA/QC and safety matters etc.)
APPENDIX N
QA/QC PROCEDURES
Quality Assurance and Quality Control system dedicated for this Project shall be provided in this
APPENDIX, Quality Assurance and Control System dedicated and conform to Tender Document
Quality System Requirements.
Tenderer shall ensure that all its Sub-Contracting, Supplying and Manufacturing Parties comply with
Main Contract Quality Assurance and Control System.
The quality system shall be formalized in a Quality Manual which documents general policies,
procedures and practices of the organization covering all quality-related elements, addressing, as a
minimum, the requirements of Tender document.
APPENDIX O
Tenderer shall submit the valid of Company Commercial Registration, License and other Legal
Information.
APPENDIX P
Tenderer shall illustrate your commitment to your health and safety policy and how it caters for the
nature, scale and complexity of the proposed Works and Demonstrate clearly the responsibilities for
health and safety management at all levels within the organization for the proposed project.
Illustrate your commitments to the Construction Design Management (CDM) Regulations) and your
approach to managing your appointed specialized design and supervision from a CDM perspective.
Illustrate your understanding of the HSE requirements of the Qatar Construction Specifications (QCS)
Regulatory requirements applicable for the project.
Provide evidence that you have training arrangements in place to ensure that employees to be
mobilized for the project have the necessary skills and understanding in order to discharge their HSE
and CDM duties.
Demonstrate how appropriate welfare facilities will be assessed and put in place before people start
work on site.
Provide evidence of systems/procedures for risk assessment leading to safe methods of work that would
be applied for this project.
Illustrate the top significant hazards from a design management perspective and how they will be
controlled.
APPENDIX Q
Tenderer shall submit details of overhead and profit which has been included in the Tender Price.
Overhead - ……… %
Profit - ……… %
APPENDIX R
DETAILS OF VARIATION
Tenderer shall submit the understanding of Variation/Additional works and illustrate the process for
Variation Claim with necessary relative Contract clauses.
Overhead - ……… %
Profit - ……… %
APPENDIX S
Tenderer shall submit the details of preliminaries items and related price breakdown which have been
considered in the Tender Price.
APPENDIX T
RATE BREAKDOWN
Tenderer shall submit rate breakdown for unit rates which has been used in the BOQ items, The
breakdown clearly specify the material cost, Labour cost, Plant and Equipment etc,.
APPENDIX U
Tenderer shall submit Joint Venture Agreement (if Applicable) with necessary whole information as
per required in the Appendixes.
APPENDIX V
Tenderer shall submit Alternative offer which submit a valid fully compliant Tender in accordance with
the terms and conditions of all the Tender Documents.
If the Tenderer desires to propose the use of alternative procedures and/or material to those stated in the
Tender Documents, or if it has any reservations on any of the contractual/ provisions and/or
commercial terms and conditions, it shall submit these as part of the Technical package in addition to
its fully compliant Tender.
If no alternative procedures, material, and reservations are stated in the Technical package, the Tender
shall be considered as fully compliant. However, if any alternative procedures, material, and
reservations are stated in the Commercial package, Tender may consider null and void.
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INSTRUCTIONS TO TENDERERS
TENDER & CONTRACT CONDITIONS VOLUME 1
Instructions to Tenderers
4. Submission of Tenders
Tenders will be accepted only on the Form of Tender specifically provided for the purpose of this Tender,
which shall be complete in all respects and signed by a principal duly authorized to represent and bind the
Tenderer.
The Commercial and Technical sections of the Tender shall be submitted in separate envelopes and these
two envelopes shall be placed in a single sealed large envelope addressed to the Employer and labeled as
follows:
The original and the copies of the “Technical” or “Commercial” Submissions shall be placed in inner
envelopes, duly marking the envelopes as “ORIGINAL” and “COPY” as appropriate. They must clearly
indicate whether they contain the “Technical” or “Commercial” Submission of the Tender. The original
and copies shall be sealed. The inner envelopes shall indicate the name and address of the tenderer to
enable the Tender to be returned unopened in case it is declared late.
The outer envelopes shall bear no writing, logo, trademark or other marking which might lead to the
identity of the tenderer save for the Tender name and the Employer address as per the above.
The Tender shall be submitted not later than the time and date stated in the Letter of Invitation to Tender or
Tender Circular where applicable.
Failure to provide the Tender Bond or whole of the required information or to comply fully with these
instructions in any way will subject the Tender to rejection.
Every page of every Tender document and every tender drawing shall be stamped and signed in blue ink
by the principal duly authorized to represent and bind the Tenderer.
6. Validity of Tender
Tenders must remain valid for acceptance for a period of 120 (one hundred twenty) days from the date
fixed for closing of the Tenders.
7. Tender Opening
The Tenders shall be treated confidentially and following their receipt shall be opened in private at the
office of the Employer at a convenient time.
8. Tender Sum
The Tender Sum and all rates and prices must be in Qatar Riyals or part thereof and shall be deemed to be
fully inclusive, without limitation, of all liabilities and obligations to be borne by the Contractor in
accordance with the requirements of the Contract.
9. Adjustment of Errors
Tenderers will not be permitted to make corrections or amendments to their Tender for any reason
whatsoever after the time and date fixed for submission of the Tenders.
The Employer reserves the right to adjust arithmetical or other errors in the Tender in accordance with the
following principles:
1. Where the total of arithmetical error is such that the Tender Sum would have been increased, then
the individual rates and prices shall be proportionally reduced such that the Contract Price of the
awarded Contract shall be the same as the Tender Sum. Such proportionate correction shall not
apply to any Prime Cost or Provisional Sums included in the Tender documents.
2. Where the total of arithmetical errors is such that the Tender Sum would have been reduced, then
the individual rates and prices shall each be corrected such that the Contract Price of the awarded
Contract shall be the corrected and reduced amount.
3. Where any other errors have occurred in a Tender, the Tender may be adjusted to the benefit of the
Employer.
4. The Employer will also adjust arithmetical and other errors made by the Tenderers compiling
Tender with Article 21 and 37 of Law No. 8 of year 1976.
Any adjustment, correction, clarification or amendment made by the Employer to a Tender will be notified
to the Tenderer prior to award of the Contract to enable him to confirm his agreement to stand by the
amended Tender. Failure of a Tenderer to so confirm his agreement may result in the Employer exercising
his right to call upon and be paid the full amount of the Tenderer’s Tender Bond.
Where the Tender Sum is computed by a Tenderer by making a lump-sum adjustment to the summed total
of the Bills of Quantities, then the lump-sum adjustment so made will be deemed to apply proportionally to
the individual rates and prices throughout the Bills of Quantities, or throughout that section of the Bills of
Quantities as the case may be.
Such proportional adjustment shall not be applied to any Prime Cost or Provisional Sums given in the
Tender documents and the proportionally adjusted rates and prices shall be applicable thereafter for all
aspects of the Contract including assessing the value of variations and for the valuation for interim
payments of measured work executed.
Tenderers who wish to submit qualifications with their Tender must submit a totally unqualified tender in
the first instance, in the precise form prescribed by the Tender documents. Alternative qualified Tenders
may then be submitted, each qualification to be clearly listed and individually priced.
Tenderers are referred specifically to the time stated for completion of the Works, and may wish to
consider an Alternative Tender based on a revised time scale and cost.
Any such alternative Tender shall each be submitted on a copy of the Form of Tender and clearly marked
“Alternative Tender A’, “Alternative Tender B”, etc., and each shall be accompanied by the information
required to be submitted as set out in Clause 4 “Submission of Tenders” above where such information
differs from that submitted with the unqualified Tender.
No alternative Tender will be considered unless the same Tenderer has also submitted a valid and totally
unqualified Tender.
The Employer shall neither be responsible for nor pay for any expenses or losses, which may be incurred
by any Tenderer in the preparation of his Tender.
The Employer does not bind itself to accept any tender and will not assign any reason for the rejection of
any tender.
Tenderers are advised to examine and thoroughly acquaint themselves with the contents of the Tender
document and to take all further steps necessary to ascertain for themselves, entirely at their own expense,
any additional information necessary for submitting a Tender and executing the Works.
Tenderers are required to check against the relevant index / contents list to ensure and satisfy themselves
that they are in possession of each and every page, drawing and schedule, etc. of the Tender documents as
no claim based on the lack or incompleteness of the Tender documents will be admitted after the date and
time fixed for the submission of Tenders.
Tenderers are reminded that their Tender, although is a Fixed price Lump Sum with Provisional Sums, no
adjustments, in the event of their failure to ascertain all information and to check and satisfy themselves as
aforesaid, will be allowed.
Submission of a Tender shall be deemed to indicate that the Tenderer has satisfied himself regarding and
undertake to accept and comply with all the obligations, liabilities, responsibilities and risks imposed upon
him by these Tender documents.
No erasure, alteration or addition shall be made by the Tenderer to the Tender documents (other than
filling in blanks where intended for that purpose) unless such alteration is made in accordance with an
Addendum issued as hereinafter described.
Any mistake made when completing the Tender documents but which is corrected before submission of
the Tender must be initialed by the authorized Principal signing the Tender.
.
14. Ambiguities Relating to Tender Documents
If the Tenderer has any doubt as to the meaning or import of any part of the Tender documents, or if he
discovers any ambiguity or discrepancy in or any omission from the Tender documents, or if any words or
figures are indistinct in the copy of the Tender documents, provided, then the Tenderer shall report the
same to the Engineer in writing not later than 7 days before the date fixed for the submission of the
Tenders. Where he deems necessary, the Engineer will then respond by circulating a letter, telex or
addendum to all Tenderers to clarify the situation and any such Circular shall be considered an
Addendum as hereinafter described and shall be acknowledged by the Tenderer in the space provided on
his Form of Tender.
All correspondence during the period of tendering, including the submission of the Tender shall be in the
English language except where specifically requested or otherwise indicated herein.
Neither the Employer nor the Engineer on its behalf nor their representatives nor any of their Employees
has any authority to make any representation or to give any explanation to the Tenderer as to the meaning
or import of any of the Tender documents or other documents or as to anything to be done or not to be
done by the Tenderer and / or the Contractor, or to any other matter or thing so as to bind or fetter the
Employer and any such representation or explanation shall be deemed unreliable, unless such
representation or explanation has been given in the form of an Addendum as hereinafter described.
16. Addenda
At any time up to seven days prior to the date fixed for submission of the Tender, the Employer (or the
Engineer on its behalf) may issue Addenda in writing to the Tenderers (by circular letter or facsimile)
instructing them to delete, vary or extend any item in or insert any additional item(s) into the Tender
documents. Any such Addendum shall be construed as forming part of the Tender documents and shall be
incorporated into the Contract documents. Acknowledgment of the Circular notifying any such Addendum
shall be made by the Tenderer in the space provided on his Form of Tender.
Amendments to the terms of the Tender shall be made in writing by the Employer or the design
consultant; any other representation or explanation shall be deemed invalid.
Tenderers are advised to visit and inspect the Site entirely at their own expense and to examine its physical
conditions and the surroundings before submitting a Tender and to satisfy themselves as to the nature of
the existing roads or other means of communication, the accessibility of the Site, the full extent and
character of the Site and the nature of the Ground, the availability of supplies of water and electricity for
temporary lighting and power and of other services required in the execution of the Works and to ascertain
all local condition and restriction and any other matters whatsoever affecting the Works and due allowance
for the same is to be made in the pricing of the Bills of Quantities.
Submission of a Tender shall be deemed to indicate that the Tenderer has satisfied himself fully regarding
the foregoing and has made adequate provision in respect thereof in his pricing for all special restriction
and requirements of work within the Boundary.
Arrangements for visiting the Site shall be made through the Engineer.
The Contractor is deemed to have taken account of all things above, on and below the site in question. The
site is accepted as seen.
Tenderers are advised to ensure that they are thoroughly and completely familiar with the full extent and
character of the Works and are to satisfy themselves as to the supply of and conditions affecting labour,
plant, equipment, materials and goods, etc. for use in the execution of the Works. Any cost due to any
overtime work that has to be carried out in order to complete the works by the time stated in Appendix A is
to be met in full by the contractor.
Submission of Tender shall be deemed to indicate that the Tenderer is fully aware of and has made due
allowance in pricing the Bills of Quantities for the aforementioned factors and either has satisfied himself
that there are sufficient resources available or undertakes to provide sufficient resources in order to
complete the works within the Time for Completion.
Tenderers shall submit with their Tender a memorandum giving an outline of their general scheme of
procedure together with a program and timetable for the execution of the works. The memorandum shall
be a preliminary outline Primavera using the latest version available showing the proposed order of
procedure and method of carrying the works, which the Contractor will be obliged to furnish in further
detail in accordance with Clause 14 of the Condition of Contract.
In preparing the Memorandum of Procedure (MOP) and in calculating the costs of the resources required
to complete the Works within the Time for Completion, Tenderers must make full allowance for all and
any difficulty, which may occur in the procurement of labor, plant, equipment, materials and goods. No
difficulty that the Contractor may experience in obtaining any of the foregoing will be regarded as special
circumstances fairly entitling the Contractor to an extension of time for the completion of the Work under
Clause 44 of the Conditions of Contract nor will they be regarded as being acceptable grounds for
variations to be issued under Clause 51 of the Conditions of Contract.
In detail, the Method Statement, which is to be submitted as part of the Technical Proposal, shall include a
comprehensive programme and construction strategy specific to this Contract as follows:
Tenderer’s method statement (narrative and layout plans) to cover the following:
Safety procedures.
Preliminary programme using Primavera Project Planner (latest Windows version), to include:
a. The Tenderer’s preliminary programme shall comply with the contract milestone dates and
scheduled Time for Completion.
b. This programme must employ a WBS or activity code method for grouping and sub grouping for
the phasing, zoning, type of work etc.
c. The tenderer’s preliminary programme shall be further substantiated by:-
Duration for each activity indicating the resources to be allocated to the work activity;
Manpower schedules and histograms indicating the proposed monthly manpower
requirement (total and broken down by individual trade). Schedules should also indicate
the number of proposed shifts (e.g. two 10 hour shifts per day);
Layouts illustrating the strategy of executing the Works, zoning, sub-zoning, direction
of construction progress observing above mentioned constraints, buildings grouping
strategy within each zone/sub-zone, etc. These layouts must be fully coordinated with the
programme;
The main activities for mobilization;
Design (as applicable);
Procurement, showing all major subcontractors and long lead items,
Permitting;
Testing and commissioning;
Defects period, etc.
d. The preliminary programme must clearly demonstrate the tenderer’s sequencing, phasing and
planning of the Works;
e. The tenderer shall provide an indicative cash flow diagram illustrating the expected value of work
(expressed in percentages of the Tender sum) to be carried out month by month over the proposed
contract period;
f. Productivity details used in support of the preliminary programme, including full details on
concrete production, plant and labour resource histograms, shift and overtime working, etc.;
g. Staff organization chart showing Head Office support and Site superintendence staff designated to
the Contract.
The information provided by the tenderer must conform to the Time for Completion(s) as stated in
Appendix A to the Form of Tender to be compliant. This information will be used to ensure that tenderers
have demonstrated their understanding to competently execute the Works of the Contract within the Time
for Completion. Unless specifically mentioned in the Letter of Acceptance or Contract Agreement this
information shall not form part of the Contract, however the tenderer shall remain responsible for the
correctness thereof.
Tenderers are encouraged to submit alternative tender(s) for the tenderer’s optimum programme / Time for
Completion and corresponding Tender price; however, a compliant tender must be submitted.
The preliminary programme submitted at (b) above shall form the basis for agreeing a series of milestones
with the successful tenderer, prior to execution of the Contract. These shall be secondary milestones as
they shall not carry financial penalties but will serve to assist the Engineer as one of several tools for
measuring progress.
The information supplied in the MOP above and Appendices to the Form of Tender will be checked by the
Engineer and will be used in forming an assessment of a Tenderer’s ability to carry out the Works fully in
accordance with the requirements of the contract. The acceptance of his tender following such assessment
will not relieve the contractor of any of his obligations or liabilities under the terms of the contract, nor will
Any failure or negligence on the part of the Tenderer to have thoroughly and adequately researched or any
failure or negligence to have obtained reliable information or any reliance upon unreliable
information (regardless of source) regarding anything whatsoever affecting the execution of the Works
shall not relieve the Contractor from any risk, liability, obligation and/ or responsibility to construct,
complete and maintain the Works in accordance with the Contract Conditions and Specification, and no
claim for additional costs due to such failure or negligence will be entertained.
The Tenderer’s particular attention in this respect is drawn to his liability to ascertain for himself the
precise extent, nature and import of all standard documents/ publications applicable in the State of Qatar
and which are relevant to the Works or any matter or anything in connection therewith including, but not
limited to the following:
The General Conditions of Contract issued by the Ministry of Public Works, State of Qatar
(hereinafter called “MoPW’).
The Qatar Construction Specifications (QCS 2014) issued by Ministry of Municipal Affairs
and Agriculture (MMAA).
The Code of Practice and Specifications for Trench works in the Highway issued by MoPW.
The Specifications for Road Signs and Road Markings issued by MoPW.
The Standard Specifications for Sewerage Schemes issued by MoPW.
The Guide for Civil Users of Explosives in Qatar issued by MoPW.
The Regulations for Installation of Electrical Wiring, Lifts, Equipment and Air Conditioning
of Residential and Commercial Buildings prepared by the “Kahramaa”
State of Qatar Law No. (8) of year (concerning the Organization of Tenders and Public
Auction), obtainable from Employer House, Doha.
The Standard Method of Measurement of Building Works issued by MoPW.
All local Municipality Regulations
QCDD and MOI regulations to be followed
Any other Government documents/circular issued prior to the date of the letter of Invitation to
Tender.
23.1 The items of work and their respective descriptions and quantities (hereinafter collectively referred
to as “the quantities”) contained in the Bills of Quantities have been measured / taken from the
working drawings and Specification and have been included to assist the Tenderer in the
preparation of his Tender. The accuracy of the Bills of Quantities is not guaranteed and Tenderers
are strongly advised to check the quantities for themselves and to allow in their Tender Price, as
they consider necessary for any errors or omissions. All such allowance or adjustments, if any,
shall be inserted under the Tenderer’s Adjustment Schedules which are provided at the end of each
Bill in the Bills of Quantities. No other adjustments or alterations shall be made to the Bills of
Quantities.
23.2 Each item of work in the Bills of Quantities must be individually priced in the rate column,
extended and brought to the total for the appropriate page. Failure to comply with such requirement
may subject the Tender to rejection.
23.3 The rates and prices set down by the tenderer against the items in the Tender documents shall be
for the full inclusive value of the finished work described thereunder and shall include for profit
and all obligations and liabilities of every kind arising under the Contract.
23.4 Each item in the Tender documents shall be priced. If any items are left non-priced, it shall be
deemed that the cost of the work described there under is allowed for elsewhere in the Tender
documents.
23.5 The tenderer must complete all Day work provided in Volume 3 Bill of Quantities, if any, and
shall submit them together with his Tender. Non-compliance with this provision shall result in
rejection of the Tender submission.
23.6 The tenderer will be required to provide the Employer with full and detailed breakdowns of any of
his rates or the rates of his sub-subcontractors within 48 hours of being so requested. The
breakdown is to show the actual calculations of the preliminaries, labour, plant and material costs
for the works, the build-up of measured rates with on-costs and overhead and any other allowances
used to arrive at the final rate. The build-up of such rate shall clearly show the ex-works cost for
the material (including copies of all relevant quotations invoices or receipts from suppliers or
manufacturers), site delivery charges, insurances, customs duties, off-loading at site and storing,
getting out of store, delivery to final position, fixing, any preparatory work, final cleaning, etc. and
profit and overheads. Profit and any other costs included under these headings, which have not
been priced in preliminaries e.g. financing, insurances, bonds etc. A detailed breakdown shall also
be prepared to submit details of his hourly labour rates, commencing from the labourer’s or
tradesman’s basic hourly or daily wage.
In order to secure the due performance by the Tenderer of the liabilities and obligations undertaken by him,
the Tender shall be accompanied by a completed Tender Bond in the amount of QAR 100,000 (Qatari
Riyal One Hundred Thousand). Such bond shall provide a surety or sureties satisfactory to the Employer
to be jointly and severally bound with the Tenderer in the form included in the Tender Documents (see
Section 7 of this document) and shall be issued by a Bank with a registered office in Qatar.
The Tenderer shall within 14 days from the notification of acceptance of his tender and prior to signing the
Contract Agreement submit a Bank Guarantee in the sum stated in Appendix A to the Form of Tender for
the due performance of the Contract. The Tenderer’s attention is also drawn to Clause 10 of the Conditions
of Contract under Section 5 of this document, and in particular the required duration of the Performance
Bond.
Tenderers are advised that the Tender documents and all matters and details in connection therewith are
highly confidential and must be treated by them as secret.
Drawing or information relating to the Works shall only be copied or otherwise reproduced or conveyed by
the Tenderer to any of his Sub-Contractors, suppliers or other persons concerned with the Works as is
essential for the submission of a proper Tender.
Except as provided herein, Drawings or information relating to the works shall not be copied or reproduced
in any way or conveyed by the Tenderer to any other third party without first obtaining the prior written
authorization of the Engineer.
It is the Tenderer’s responsibility to ensure that any Drawings or information disclosed to any authorized
third party is treated as highly confidential and secret by them and that any copies or reproductions of
information or drawings given to all such authorized third parties are returned to the Tenderer. All Tender
documents and any copies thereof made by the Tenderer or his Sub-contractors, suppliers or authorized
third parties must be returned to the Employer by the Tenderer whether or not he submits a Tender.
The Tenderer shall note that in accordance with article 16 of Law No. 8, the Employer / Engineer has the
right, during the Contract Period, to increase or decrease the Work in compliance with the Conditions of
Contract by up to 25% of the Contract Sum.
The Tenderer shall note that this Tender is Lump sum Fixed Price Tender and he shall include for all
fluctuations, which may occur during the Contract Period. The quoted tender price shall be valid during
the whole of the execution of the works. No compensation shall be made due to currency fluctuations
or inflation.
This Contract is to include the whole of the Works, which are described in or implied by the Contract
documents. All matters omitted from the documents, which may be inferred to be obviously necessary for
the efficiency, stability or completion of the Works shall be deemed to be included in the Lump Sum
Contract Price.
Works shown upon drawings and not mentioned or described in the Specification and works described in
the Specification and not shown on the drawings will nevertheless be deemed to be included in the Lump
Sum Contract Price in the same manner as if they had been expressly shown upon the drawings and or
described in the Specification as the case may be.
The Lump Sum Contract Price shall not be adjusted or altered in any way whatsoever expect in accordance
with the express provisions of the Conditions of Contract.
The tenderer and / or any of his employees or agents shall be granted permission by the Employer and the
Contractor to enter upon the premises and lands for the purpose of inspection in connection with the
proposed Tender, but only on the condition that the tenderer shall comply with the instructions of the
Engineer and the Contractor, and shall release and indemnify the Employer, the Contractor and the
Engineer and their representative servants and agents from and against all liability in respect of personal
injury, loss or damage to property and any other loss, damage, cost and expense however caused which,
but for the exercise of such permission, would not have arisen.
The tenderer must have a valid Trade License and be registered with the Ministry of Business and Trade
and submit documentary evidence confirming the same with his Tender.
30. Insurances:
The tenderer is notified that the Contractual insurances such as 3rd party, CAR and Workman etc.. to be
provided by the successful tenderer in post contract under the provisions of the Conditions of Contract,
shall be from an approved insurance company in the State of Qatar.
-5-
CONDITIONS OF CONTRACT
TENDER & CONTRACT CONDITIONS VOLUME 1
Conditions of Contract
The General Conditions of Contract shall be the General Condition of Contract prepared by the
Ministry of Public Works, P.O.Box 38, Doha, and State of Qatar on May 2007.
The General Conditions of Contract are amended and complemented by Part II – Conditions of
Particular Application as detailed hereafter.
All documents shall be rendered in either the Arabic or English Language if the documents
are rendered in both the English and Arabic Language then the Arabic Language version shall
be take precedence at all times.
Except if and to the extent otherwise provided by the Contract, the provisions of these
Conditions of Contract shall prevail over those of any other document forming part of the
Contract and the provisions of the Specification shall prevail over the details shown on
the Drawings and the provisions of the Specification and the details shown on the Drawings
shall prevail over the descriptions given in the Bills of Quantities.
Subject to the foregoing the several documents forming the Contract are to be taken
as mutually explanatory of one another but in case of ambiguities or discrepancies which the
Contractor did not and had reason not to anticipate then the same shall be explained and
adjusted by the Engineer who shall thereupon issue to the Contractor instructions
directing in what manner the work is to be carried out. Provided always that if in the
opinion of the Engineer compliance with any such instructions shall involve the Contractor in
any expense which by reason of any such ambiguity or discrepancy the Contractor did not and
had reason not to anticipate the Engineer shall certify and the Employer shall pay such
additional sum as may be reasonable to cover such expense. , unless otherwise provided in the
contract, the priority of the documents forming the contract shall be as follows,
Operation and Maintenance manuals together with as-built drawings of the Permanent
Works as completed shall be provided in sufficient detail to enable the Employer to
operate, maintain, dismantle, reassemble and adjust the Permanent Works. The
Engineer shall not be required to issue a Taking-over Certificate until the foregoing
documentation has been submitted to and approved by the Engineer. The Contractor will
be responsible for obtaining any approvals required by the relevant Authorities. The
Contractor will be responsible for preparing fully coordinated shop drawings for all trades
and for obtaining the Engineer’s approval for such drawings prior to proceeding with the
relevant elements of the Works and, following completion of such Works, the Contractor
shall update the shop drawings with as built information and shall be responsible for
obtaining all Authority and other required approvals with necessary all requirement.
Clause 7 (2) - Custody of Drawings
Delete Clause 7(2) and substitute the following:
One copy of the Drawings furnished to the Contractor as aforesaid and one copy of all
supplementary documents as Clause 7(3) hereof shall be kept by the Contractor on the site
and the same shall at all reasonable times be available for inspection and use by the
Engineer and the Engineer’s Representative and by any other person authorized by the Engineer
in writing.
The Contractor shall prepare and make all detailed shop drawings, working drawings, as-
built record drawings, ‘as-built’ survey drawings, and technical data, detail sketches or
other supplementary information which the Contractor shall be stipulated to prepare in
accordance with the Specification or other Contract Documents.
The Contractor shall furnish the Engineer free of cost with any such supplementary
drawings or information which the Contractor may have prepared in accordance with
Clause 7(1) hereof. The submission to and approval by the Engineer or the Engineer’s
Representative of such supplementary drawings or information shall not relieve the
Contractor of any of his duties or responsibilities under the Contract.
Delete Clause 10 and substitute the following: The Contractor shall submit within 14 days
from the Commencement date of Contract and prior to signing the Contract Agreement
and obtain the guarantee from a Bank to be jointly and severally bound with the Contractor to
the Employer in the sum stated in the Contract and the Appendices thereto for the due
performance of the Contract under the terms of a Bond and the said Bank and the terms of the
said Bond shall be such as shall be approved by the Employer and the obtaining of such
Guarantee and the cost of the Bond to be so entered into shall be at the expense in all respects
of the Contractor unless the Contract otherwise provides.
The Performance Bond shall remain valid from the date of signature of the Contract valid until
90 after defects liability period. It shall be extendable on the demand of the Employer without
regard to any objection from the Contractor if the works may be incomplete by the prescribed
Completion Date.
The said Bank shall be a bank approved by the Employer and shall be a Bank with a registered
office in Qatar.
Failure to furnish the required Performance Bond within the specified time shall result in the
Employer exercising its right to cancel the tender and confiscate the tender bond (if applicable)
in addition to the liquidated damages provided under these Contract Conditions.
If the value of the Contract price increases by more than 10% for any reason the contractor
must immediately provide the employer with a further performance bond.
(2) The programme shall include a histogram indicating the number of workmen and
their respective trade and class which the Contractor and the Contractor’s Sub-contractors
proposed to employ on the Site from week to week throughout the period of the
construction of the Works.
as stipulated by the Engineer and indicating weekly the permanent or temporary work due
to be executed, the materials deliveries expected, the movement of labour on and off the
Site and the movement of constructional plant and machinery on and off the Site.
(4) The programme and the weekly forecasts shall take due account of and shall accommodate
any interruptions to the progress of the Works or restrictions on hours of working advised
to the Contractor by the Engineer.
(5) Whenever so directed by the Engineer, the Contractor shall revise the programme to take
due account of all factors affecting the progress of the execution of the Works and shall
submit the revised programme to the Engineer within 7 days of being requested to do so. If
the contractor fails to submit, then the contractor shall pay to the Employer QR 10,000 per
day for every day until it is submitted (The Contractor must employ suitably qualified
personnel for preparing and updating such programme to the satisfaction of the Engineer).
(1) Re-number Clause 15 “Contractor’s Superintendence” as sub-clause 15 (1) and add sub-
clauses (2) and (3) to Clause 15 as follow:-
(2) The Contractor shall Co-ordinate the work of all his Sub-Contractors whether nominated
or otherwise and shall be deemed to have both ascertained from his Sub-Contractors their
requirements (if any) for sequences of working different from his own and allowed
in his Tender for all costs in complying therewith.
(3) The Contractor shall arrange all planning / coordination meetings with his Sub-
Contractors and shall be responsible for monitoring their progress and regularly
reporting the same to the Engineer and for re-organizing the sequence of working and/or
the programme of the Sub- Contractor to avoid delay and in order to expedite any section
of work necessary to complete the Works within the time for completion or, where
practicable, to make up for the time which has been lost, whether or not an extension of
time for completion could or should be granted for such lost time.
Without the prejudice to the generality of sub-clauses (1) and (2) hereof and following award
of the Contract to him, the Contractor shall comply with the Register of Commerce
Regulations or any Regulation or Ordinance having the force of law in Qatar for the time
being amending or re- enacting the same under which all persons and companies engaged
in business in Qatar are required to be registered in the Register of Commerce. Persons or
companies not entered in the register are not permitted to carry on business.
The Contractor is required to clear all materials, plant, rubbish and building debris of any
nature immediately upon completion of the Works or suspension of the Works for an indefinite
period and to transport such rubbish and debris to a location designated by the relevant
Municipality.
In the event of the Contractor’s non-compliance with this clause a penalty of QR 1500 per
day will be imposed. The Engineer is entitled to have such clearance carried out by others
and to deduct such costs from any monies due or which may become due to the Contractor.
In addition to such penalty, the Penultimate Payment Certificate may be withheld until
the Contractor has cleared the site to the satisfaction of the Engineer.
(1) The Contractor is responsible for transportation of his workmen to and from the site.
(2) The Contractor is responsible for all arrangements for his workmen and
everything concerning the procurement and employment of labor.
(3) The Contractor shall be required to provide and maintain at his own cost all camps
and housing to accommodate properly his personnel and labor for the period of the
Contract having due regard for the Statutes, Ordinances, Laws, Regulations and Bye-
Laws in force in the district and to the approval of the appropriate Government
Authorities. Such camps and housing shall not be permitted to be erected on the site.
The Contractor shall commence the works on site on the date the site is handed over
to the Contractor and shall proceed with the same with due expedition and without delay
except as may be expressly sanctioned or ordered by the Engineer or be wholly beyond the
Contractor’s control.
Subject to any special requirement in the specification as to the completion of any portion of
the Works before the completion of the whole works, the whole of the Works shall be
completed within the time stated in Appendix-A to the Form of Tender or such extended
time as may be allowed under Clause 44 hereof.
Should the amount of extra or additional work of any kind or other special circumstances of
any kind whatsoever which may occur (other than through a default of the Contractor) be
such as fairly to entitle the Contractor to an extension of time for the completion of the
Works, the Engineer shall determine the amount of such extension. Provided that the
Engineer is not bound to take into account any extra or additional work; or other special
circumstances unless the Contractor has within (28) days after such work has been
commenced or in such circumstances have arisen or as soon thereafter as is practicable
delivered to the Engineer’s Representative with full and detailed particulars of any claim to
extension of time to which he may consider himself entitled in order that such claim may be
investigated at the time.
Normal working hours are based upon 48 hours per week, 8 hours per day, 6 days a week,
daylight hours only, if the Contractor wants to work outside these hours then he shall notify
the Engineer. The Contractor acknowledges and agrees that:
(1) It is highly advisable to request and manage for all site inspections within the
normal working hours of the Consultant. If the Consultant is required to attend the site
beyond the above stated working hours, the Contractor is deemed to bear the
Consultant’s overtime charges.
(2) There is no limitation on the right of the Engineer to attend any supervise the
Contractor’s operations outside or in excess of an 8 hours normal working day, or on
locally recognized days of rest or declared Public Holidays or reduced normal
working hours per day during Ramadan; and
(3) All overtime shall be properly recorded by both the Consultant and the Contractor and
overtime rate will be charged in accordance with the Engineer’s overtime schedule
included within the Contract.
(4) The Engineer’s supervision fees relating to such overtime work and payable by the
Employer to the Consultant, shall be deducted by the Employer from monies certified
by the Engineer as due to the Contractor, in any Interim Certificates and/ or the Final
Account, and the Employer shall be entitled to recover the amount of incurred
associated overtime supervision costs from the Contractor.
Delete Clause 47 entirely and substitute the following Clause 47 (1) and 47 (2) inserting a
new Clause 47 (3):
If the Contractor shall fail to complete the whole of the Works or any section of the Works
for which a particular time for completion is provided in the Contract within the time
prescribed by Clause 43 hereof or extended time then the Contractor shall pay to the
Employer the sum stated in the Tender as a liquidated damage for such default for every day
or part of a day which shall elapse between the time prescribed by Clause 43 hereof or
extended time as the case may be and the date of completion of the Works. The said
liquidated damage (and not penalty) shall be payable by the sole fact of the delay
demonstrated by the Engineer as caused solely by the Contractor, without any previous notice
or recourse to legal proceedings, The Employer may without prejudice to any other method of
recovery deduct the amount of such LD from any monies due or which may become due to
the Contractor. The payment or deduction of such liquidated damage shall not relieve the
Contractor from his obligation to complete the Works or from any other of his
obligations and liabilities under the Contract. The imposition of such liquidated damage shall
not prejudice the Employer’s right of compensation for any other damages sustained by it,
provided that the total amount of liquidated damages shall not exceed 10% of Contract Price.
If before the completion of the whole of the Works any part of the Works has been certified
by the Engineer as completed pursuant to Clause 48 hereof and occupied or used by the
Employer the liquidated damages for delay shall, for any period of delay after such
certification, be reduced in proportion which the value of the part so certified bears to the
value of the whole of the Works as from the date of completion or occupation of such part.
In addition to the Liquidated Damages for delay as described in Clause 47(1) hereof the
Contractor will be liable for the full costs of any additional fees payable by the Employer to
any Consultants engaged by the Employer for this Contract and are payable as a result of the
Contractor failing to complete the Works within the time prescribed by Clause 43 hereof or
any extended time granted under Clause 44 hereof. The Employer may without prejudice to
any other method of recovery deduct the amount of such damages from any monies in its
hands due or which may become due to the Contractor.
The payment of such costs shall not relieve the Contractor from his obligations to complete
the Works or from any other of his obligations and liabilities under the Contract (Excluding
provisional sum and Day works).
The Employer / Engineer has the right to increase or decrease the work in compliance with
the Conditions of Contract by up to (+) or (-) 25% of the Contract Price (Excluding
provisional sum and Day works).
All variations referred to in Clause 51 and any additions to the Contract Price which are
required to be determined in accordance with Clause 51 (4) (for the purposes of this Clause
referred to as "varied work"), shall be valued in quantities of the varied work added or
omitted at the rates and prices set out in the Contract for the same specified work. If the
Contract does not contain any rates or prices applicable to the varied work, the rates and
prices in the Contract shall be used as the basis for valuation so far as may be reasonable,
failing which, after due consultation by the Engineer with the Employer and the Contractor,
suitable rates or prices shall be agreed upon between the Engineer and the Contractor. In the
event of disagreement, the Engineer shall fix such rates or prices as are, in his opinion,
appropriate and shall notify the Contractor accordingly, with a copy to the Employer. Until
rates or prices are agreed or fixed, the Engineer shall determine provisional rates or prices to
Clause 55 – Quantities
(1) Except as provided for under Clause 51 and 58 (1) hereof and subject to sub-clause (6) of
this Clause, the quantities set out in the Bill of Quantities against the descriptions for items
of work are deemed to be INDICATIVE quantities of the work to be executed by the
Contractor in fulfillment of his obligations under the Contract.
(2) Where an item of work has been included in the Bill of Quantities but neither the
Specification nor the Drawings indicate that such an item is required, it shall be deemed
both that due allowance for the full value of that item of work as described in the Bill of
Quantities was included in the Tender and that it is work which is required to be executed
by the Contractor in fulfillment of his obligations under the Contract.
(3) Where an item of work is indicated in the Specification and/or on the Drawings but
has not been included or referred to in any way in the Bill of Quantities, it shall
nonetheless be deemed both that the full value of that item of work was included in the
Tender and that it is work
(4) Where the Specification and/or Drawings indicate a higher standard/value for an item of
work than that which is indicated in the Bill of Quantities, the highest standard/value
indicated for that item of work shall be deemed both to have been included in the Tender
and to be work which is required to be executed by the Contractor in fulfillment of his
obligations under the Contract.
(5) In the event of any of the occurrences described under sub-clauses (2), (3), a nd (4) of
this Clause arising, the same shall not vitiate or invalidate the Contract but shall be treated as
an ambiguity or discrepancy and shall be explained and adjusted by the Engineer as set out in
Clause 6 hereof and the Engineer may make any variation as set out in Clause 51 hereof
that may in his opinion be necessary in respect of such ambiguity or discrepancy.
(6) Error in Bill of Quantities:- Any error in description or omission from this BOQ shall not vitiate
the contractor nor release the contractor from the execution of the whole or any part of the works
according to the drawings and specification or from any of his obligation or liabilities under the
contract.
The Engineer shall ascertain by admeasurements or other means for the purpose of Variations
and Interim Payments only, the value in accordance with the Contract of Work done or
omitted as provided for under Clause 51 and 58(1) hereof. He shall when he requires any
part or parts of the Works to be measured give notice to the Contractor’s authorized agent or
representative who shall forthwith attend or send a qualified agent to assist the Engineer or
the Engineer’s Representative in making such measurement and shall furnish all particulars
required by of them. Should the Contractor not attend, neglect, or omit to send such agent
then the measurement made by the Engineer or approved by him shall be taken to be the
correct measurement of the work.
For the purpose of measuring such permanent work as is to be measured by records and
drawings the Engineer’s Representative shall prepare records and drawings month by month
of such work and the Contractor as and when called upon to do so in writing shall within 14
days attend to examine and agree any such records and drawings with the Engineer’s
Representative and shall sign the same when so agreed and if the Contractor does not so
attend to examine and agree any such records and drawings they shall be taken to be correct.
If after examination of such records and drawings the Contractor does not agree the same or
does not sign the same as agreed they shall nevertheless be taken to be correct unless the
Contractor shall within 14 days of such examination lodge with the Engineer’s Representative
for decision by the Engineer notice in writing of the respects in which such records and
drawings are claimed by him to be incorrect.
In the case of foundation works or where the Engineer considers it necessary the Contractor
shall before the surface of any portion of the ground is interfered with or the work is put in
hand in conjunction with the Engineer examine the Site and the plans and sections of the
work and take such additional levels or other measurements as may be necessary and shall
agree as to the surface levels etc. with the Engineer. Such agreement shall be recorded in
writing and shall be signed by the Contractor and by the Engineer.
The Bills of Quantities have been prepared generally in accordance with the Standard method
of measurement of building Works date 28 February 1973 (25th Muharram 1393) and issued
by the Ministry of Public Works, State of Qatar, as modified expressly by implication of the
preambles or item descriptions.
The retention money 10 % will be deducted from Contractor’s interim payment: 5 % of the
Retention Money shall be released after the issue of the Practical Completion Certificate and
the remaining 5% shall be released after the issue of the Defects Liability Certificate.(Refer
Appendix-A).
Payment upon each of the Engineer’s Interim Certificate shall be made by the Employer to
the Contractor within the time stated in the Appendix A (within 45 days from the date of
Engineer’s Certification of Payment date).
In adherence to the decree no. (11) of the year 1993 concerning income tax and the circulars
implementing it, if the Contractor is not a national company the final payment shall not be
released unless the Contractor submits a tax clearance certificate from the “income tax
department” of the ministry of finance, economy and trade with respect to the contract
agreement.
The Employer shall be entitled at any time during the currency of the Contract to terminate
this Contract by giving notice in writing to the Contractor and upon such notice being given
this Contract shall (save as to the rights of the parties under this Clause and to the operation
of Clause 67 hereof), terminate but without prejudice to the rights of either party in respect of
any antecedent breach thereof. If the Contract shall be terminated as aforesaid the sum
payable by the Employer to the Contractor in respect of work executed shall be the same as
that which would have been payable under Clause 65 hereof if the Contract had been
terminated under the provisions of Clause 65 hereof.
On termination, the Contractor shall remove from the site all constructional plant as
stipulated under Clause 65 (6) hereof as through the Contract had been terminated under the
provisions of Clause 65 hereof . The Contractor shall also clean the site as provided by
Clause 33 (3) hereof as though the works had been completed.
(1) If any dispute or difference shall arise between the Employer or the Engineer and the
Contractor in connection with or arising out of the Contract or the execution of the Works
(during the progress of the Works and before the termination or abandonment of the
Contract) it shall in the first place be referred to and settled by the Engineer who shall within
a period of thirty days after being requested by either party to do so give written notice of
his decision to the Employer and the Contractor. Save as hereinafter provided such
decision in respect of every matter so referred shall be final and binding upon the
Employer and the Contractor until the completion of the Works and shall forthwith be
given effect to by the Contractor who shall proceed with the Works with all due diligence
whether or not the Contractor or the Employer requires to refer such dispute or difference to
the court as hereinafter provided and shall be settled according to Qatari Law.
(2) If the Engineer fails to give a written notice of his decision in accordance with Sub-Clause
(1) of this Clause within thirty days or if the Employer or the Contractor has reason to
dispute the Engineer’s decision the Employer of the Contractor may refer the dispute
to the Qatari Competent Court of Justice providing that fifteen days written notice has been
(3) The Contractor may only refer the matter in dispute to the Court up to a date not later
than six months from the date of issue of the Taking-Over or the Completion Certificate
from the Engineer, abandonment or breach of the Contract, whichever is the earlier.
(4) Any such reference as aforesaid shall not in any way vitiate nor invalidate the Contract
neither shall it be grounds for the Contractor to cease work nor for the employer to
terminate the employment of the Contractor under the Contract nor the Contractor shall
proceed with the Works with all due diligence.
(5) All such reference as aforesaid shall be governed by the Law of Qatar and all judicial
proceedings shall take place in the State of Qatar.
(6) In the event of litigation between the parties all official legal proceedings within or
without the Court relating thereto shall be in the English language unless the Court shall
decide otherwise.
Any notice to be given to the Engineer under the terms of the Contract shall be served by
sending the same by fax, post to or leaving the same at the Engineer’s office in Doha.
Any notice to be given to the Engineer’s Representative under the terms of the Contract shall
be served by sending the same by post to or leaving the same at the Engineer’s
Representative’s office in Doha.
(a) Failing to pay the Contractor the amount due under any certificate of the Engineer within
the time Stated in the Contract; or
The Contractor shall be entitled without prejudice to any other rights or remedies to refer
such matter to the Qatari Competent Courts of Justice by giving notice in writing to the
Employer of his intention to take such action.
(2) Such notice shall be given not later than 14 days after the occurrence of either even referred
to in Sub-Clause (1) hereof or as soon thereafter as is practicable.
(3) The Contractor must refer the matter to the Qatari Competent Courts of Justice either
during the execution of the Works or not later than six months after the date of the
Completion Certificate.
(4) No such notice or reference shall in any way vitiate nor invalidate the Contract nor shall
it be grounds for the Contractor to cease work or terminate the Contract, and the Contractor
shall in all cases proceed with the works with all due diligence.
(5) All matters so referred shall be governed by the Qatari law and will take place in the State
of Qatar.
The Contractor shall comply with the Statute, Ordinances Laws, Regulations and Bye Laws
of Qatar. He shall be responsible for ascertaining the extend and incidence of all taxes (Direct
and Indirect including present and Future if any)) customs, rates, dues and all other charges
payable in accordance with such statute, Ordinances, Laws Regulations and Bye Laws and
shall give all notices in compliances therewith.
Clause 70 (2) The Contractor shall be held to have included in the Tender for the payment of
all charges of whatever nature required to be paid in order to comply in all respects with the
provisions of the Contract and the aforementioned Statutes, Ordinances ,Laws, Regulations
and Bye laws.
ADDITIONAL CLAUSES
(1) As required by Article (4) of Law No.6 of 1987 all materials and equipment
necessary for the execution of the works which are national products or are of national
origin and which comply in all respects with the requirements of the specification, shall
be used in the works and shall be given priorities in accordance with the provisions of
the law.
(2) The Contractor shall provide substantiation of his compliance with this Clause if
required by the Engineer. Material from the Far East and Middle East could be
approved subject to compliance with the specifications and to the Engineer’s approval.
(3) On non-compliance with this Clause the Contractor shall be fined 20% of the value
of the item purchased outside Qatar or the CCASG Countries and shall be subject
to further penalties in accordance with Article (8) of Law No. 6 of 1987 and
Employer may without prejudice to any monies in its hands due or which may become
due to the Contractor.
(4) The Employer may without prejudice to any other method of recovery deduct the amount
of such time from any monies in its hands due or which may become due to the
Contractor.
Percentage of advance payment in the Contract Work, following the presentation by the
Contractor to the Employer of an approved performance bond in accordance with Clause 10
and Bank Guarantee for the full value of advance payment as per format given under section
7, is to be certified by the Engineer for payment to the Contractor. Such Guarantee shall be
progressively reduced by the amount repaid by the Contractor as indicated in interim
certificates of the Engineer issued in accordance with this clause. The advance payment shall
not be subject to retention. The advance payment shall be repaid by way of reduction in
interim progress certificates commencing with the second certificate issued after
commencement of the works. The amount of the reduction in each interim certificate shall be
at a rate in order to percentage of the Engineers gross certified value of works until the
advance payment has been repaid in full. Provided that upon the issue of a Certificate of
completion for the whole of the Works or upon the happening of any of the events specified
in Sub- Clause 63(1) or termination under the Clause 65, 66, or 69, the whole of the balance
then outstanding shall immediately become due and payable by the Contractor to the
Employer.
-6-
FORM OF AGREEMENT
TENDER & CONTRACT CONDITIONS – VOLUME 1
Form of Agreement
FORM OF AGREEMENT
Between
…………………………………………………………………………………………….
And
…………………………………………………………………………………………….
WHEREAS the Employer is desirous that certain Works should be executed namely Construction of Al
Nasser Warehouse accepted a tender by the Contractor for the construction, completion, testing,
commissioning and maintenance of such Works as stated in Tender documents.
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.
(hereinafter referred to as "The Contract Price") or such other sum as shall become payable under
the Contract.
3. The following documents shall be deemed to form and be read and construed as part of this
Agreement;
5. The Employer hereby covenants to pay the Contractor in consideration of the construction,
completion and maintenance of the works the Contract Price at the times and in the manner
prescribed by the Contract.
IN WITNESS whereof the authorised representatives of the parties have hereto set their respective hands
the day and year first above written.
Name : ……………………………………………………………………….
Position: ……………………………………………………………………….
Signature: ……………………………………………………………………....
Name : ……………………………………………………………………….
Position: ……………………………………………………………………….
Signature: ……………………………………………………………………....
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TENDER & CONTRACT CONDITIONS VOLUME 1
Specimen Forms of Bonds
Date:
M/s. …………………………….
P.O.Box………………………..
Doha-Qatar
Dear Sirs,
This Guarantee will be extended while its expiry date is valid at the request of
………………………
………………… regardless any objection by the Messers………………………………………….
Upon expiration of the said validity, this Guarantee becomes null and void without necessity of
being returned to us.
……………………………..
Authorized Signature(s)
Date:
M/s…………………………………
P.O.Box……………………………
Doha-Qatar
Dear Sirs,
This letter of Guarantee is valid until …………………………., any claim for payment or request
for extension must be received by us on or before the above expiry date.
……………………………..
Authorized Signature(s)
Date:
M/s. ……………………………..
P.O.Box…………………………
Doha-Qatar
Dear Sirs,
This Guarantee will be extended while its expiry date is valid at the request of
………………………
………………… regardless any objection by the Messers………………………………………….
This Guarantee will become operative only after receipt of the Advance Payment amounting to
QR……………………../= (Say Qatar Riyals…………………………………………………… only)
in M/s………………………………………….A/C No………………………………….. with us.
This letter of Guarantee is valid until …………………………., any claim for payment or request
for extension must be received by us on or before the above expiry date.
………………………..
Authorized Signature(s)
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TENDER & CONTRACT CONDITIONS – Volume 1
Specimen format for Final Account
The Final Account shall be prepared by the Contractor in detail as provided for by clause 60 (8) of the
Conditions of Contract and shall be summarized in the following from on the Contractor’s own
letterhead, signed and sealed by the Contractor.
FINAL ACCOUNT
CONTRACT TITLE:
FINAL ACCOUNT : QR
PREVIOUSLY PAID : QR
We confirm that the Final Amount Due of QR……………………………is the full and final settlement
due to us against this contract.
We further confirm that on payment of the Final Amount Due by the Employer, the Employer shall have
honored all of its obligations on this Contract and that we, M/s……………………………………………
shall have no further claim against the Employer arising out of this Contract.
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TENDER & CONTRACT CONDITIONS – Volume 1
Engineer’s Staff Overtime Schedule
Position Overtime Rate Per Hour (X) Overtime Rate Per Hour (Y)
QR QR
Note: