B.

DRAFT CONTRACT AND SPECIAL

CONDITIONS, INCLUDING ANNEXES

Supply Equipments and Machinery for Drilling Operations – Draft Contract Page 1 of 4
 DRAFT CONTRACT

SUPPLY CONTRACT
NO . 1

FINANCED FROM THE ITALIAN GOVERNMENT

THE MINISTRY OF WATER RESOURCES OF THE REPUBLIC OF IRAQ

Ministry of Water Resources / The Legal and Contracts Directorate.

Ministry of Water Resources Head Quarter, Palestine St., Baghdad, Iraq.
E-mail: legalcontracts@mowr.gov.iq ; Tel: +964-1-7720240 ext:1121 ; Fax: +964-1-7740672
("The Contracting Authority"), of the one part,
and

<Full official name of Contractor>

[Legal status/title]1
[Official registration number]2
[Full official address]
[VAT number]3, (“the Contractor”)
of the other part,

have agreed as follows:

Supply Equipments and Machinery for Drilling Operations

to the Ministry of Water Resources
AID PROGRAMME – FOR REBUILDING IRAQ AGRICULTURAL SECTOR
Supply of agricultural and irrigation equipments
Identification number: MOWR \ Italian Loan \ Contract No.1 (Supply Equipments and
Machinery for Drilling Operations) \ 2011
Article 1 Subject

1.1 The subject of the contract shall be the [supply], [manufacture], [delivery], [installation],
[commissioning], [maintenance], [after-sales service], of the following supplies:

[general description of the supplies, including quantities], in …………..lot(s)

[lot no 1, general description with an indication of quantities]

1
Where the contracting party is an individual.
2
Where applicable. For individuals, mention their ID card or passport or equivalent document - number
3
Except where the contracting party is not VAT registered.

Supply Equipments and Machinery for Drilling Operations – Draft Contract Page 2 of 4
 [lot no 2, general description with an indication of quantities]
[lot no …]

The place of acceptance of the supplies shall be the Port of UM QASSER – IRAQ , the
time limits for delivery shall be <……………………….> and the Incoterm applicable
shall be DDU1. The implementation period of tasks shall run from the letter of
communication issued from the Italian Financial Institution that the contract has been
included in the credit line to <date for provisional acceptance>.

1.2 The Contractor shall comply strictly with the terms of the Special Conditions and the
technical annex

Article 2 Origin

The supplies must originate in the Republic of Italy.

A certificate of origin for the supplies must be provided by the Contractor at the latest when it
requests provisional acceptance of the supplies. Failure to comply with this condition may result in
the termination of the contract.

Article 3 Coming in to force of the contract

3.1 The entering into force of the contract is subject to fulfilment of the following conditions:

(a) The Contract has been signed by Parties (Contracting Authority and Contractor);

(b) The Contractor has issued the Performance Guarantee as per Art. 11 of the Special Conditions
and General Conditions.

(c) The Contract Authority has notify to the Italian Financial Institution the allocation of the supply
contract in the credit line with the relative payment instruction, and the Italian Financial Institution
has confirmed such allocation to the Contractor.

Article 4 Price

4.1 The price of the supplies shall be that shown on the financial offer (specimen in Annex IV).
The total maximum contract price shall be euros ……………………………..

4.2 Payments shall be made in accordance with the Special Conditions (Articles 26 to 28).

Article 5 Order of precedence of contract documents

The contract is made up of the following documents, in order of precedence:

- the contract agreement;

- the Special Conditions
- the General Conditions (Annex I);

1
<DDP (Delivered Duty Paid) /DDU (Delivered Duty Unpaid)> - Incoterms 2000 International Chamber of
Commerce - http://www.iccwbo.org/incoterms/id3040/index.html

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 - the Technical Specifications (Annex II [including clarifications before the deadline for
submission of tenders and minutes from the information meeting/site visit];
- the Technical Offer (Annex III [including clarifications from the tenderer provided
during tender evaluation];
- The Tenderer Declaration
- the Contractor financial identification form
- the budget breakdown (Annex IV);
- (specified forms and other relevant documents (Annex V);

The various documents making up the contract shall be deemed to be mutually explanatory; in
cases of ambiguity or divergence, they shall prevail in the order in which they appear above.

Done in English in three originals: one original being for the Contracting Authority, one original
being for the Italian Financial Institution, and one original for the Contractor.

The Contractor will have the charge to deliver, through the Ministry of Finance of the Republic of
Iraq, one copy of the contract to the Italian Financial Institution, who is Artigiancassa spa

For the Contractor For the Contracting Authority

Name: Name:

Title: Title:

Signature: Signature:

Date: Date:

Name:

Title:

Signature:

Date: ]

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