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as well as the temporary works required for the execution and

completion of the works and the recovery of disorders and malfagons.

6.3 Compliance with laws and regulations

The Contractor must comply in all respects with the provisions of the
regulations in force relating to the execution of the works and the
recovery of criminals, in accordance with the legislation in force in the
various sectors of activity.

6.4 Confidentiality

The Contractor is bound by an obligation of confidentiality with

respect to the Contract and related contractual documents. The same
obligation applies to any information, of any nature whatsoever, which
has not already been made public, of which he, his staff and his
subcontractors may have become aware at the time of the performance
of the Contract. Under no circumstances may it publish or disclose
such information without the prior written consent of the Contracting
Authority, and only to the extent strictly necessary for the proper
performance of the Contract.

6.5 Precedents and methods of construction

The Contractor is solely responsible for the adequacy, stability and

safety of all construction procedures and methods used in the
execution of the works.

6.6 Convening of the Contractor - Site Meetings

The Contractor or his representative shall visit the Contractor's offices

or the construction sites whenever required: he shall be accompanied,
if necessary, by his subcontractors. In the case of Group Contractors,
the foregoing obligation applies to the joint agent; He may be
accompanied, if necessary, by other contractors and subcontractors.

6.7 Service Orders

6.7.1Service orders are in writing; they are signed by the Master of the
Builder, with dates and numbers. They shall be sent in two (2)
copies to the Contractor; the latter shall immediately return one of
the two copies to the Supervisor after having signed it and
bearing on it the date on which it was paid. The first service order
shall be sent to the Contractor on the day the Contract comes into
force.

6.7.2When the Contractor considers that the requirements of an

administrative order call for reservations on his part, he must,
under penalty of foreclosure, submit them in writing to the
Supervisor within a period of fifteen (15) days calculated under
the conditions provided for in Article 8 of the CCAG. With the
exception of the cases provided for in Articles

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16.4 and 15.1 of the CCAG, the Contractor shall strictly comply
with the administrative orders notified to it, whether or not they
have been the subject of reservations on its part.
6.7.3 Service orders relating to subcontracted work shall be addressed
to the Contractor, who alone has the right to submit
reservations.
6.7.4 In the case of Group Contractors, service orders are sent to the
joint representative, who alone has the right to submit
reservations.

6.8 Estimation of the Contracting Authority's Financial Commitments

The Contractor shall, within the time specified in the CCAC, submit to the
Supervisor a detailed quarterly estimate of the Contracting Authority's
financial commitments comprising all payments to which the Contractor will
be entitled under the Contract. It also undertakes to provide the Supervisor
with revised estimates of these commitments, at the latter's request.

6.9 Contractor's Staff

The Contractor shall employ on the site, with a view to carrying out the
work and taking over the malfapons:
6.9.1 only competent technicians experienced in their respective
specialties as well as foremen and team leaders capable of
ensuring the proper supervision of the work;
6.9.2 a skilled, semi-skilled and unskilled workforce enabling the
proper fulfilment of all its obligations within the framework of
the Contract and in strict compliance with the deadlines for
execution;
6.9.3 and only the key personnel contracted and offered which they
may not change without the prior agreement of the Contracting
Authority and provided that the proposed replacement staff
have the same or greater qualifications, skills and experience.

6.10 Safety of people and property and protection of the environment

The Contractor shall, during the period of execution of the work and
the warranty period: L
6.10.1 ensure the safety of persons authorised to be present on the
site and keep the site and the works (as long as they are not
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accepted or occupied by the Contracting Authority) in good
condition, so as to avoid any risk to persons;
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6.10.2 provide and maintain at its own expense all lighting,

protection, fencing, alarm signals and guarding at such times
and places as may be or required by the Contractor, by any
other duly constituted authority and by the regulations in
force, for the protection of the works or for the safety and
convenience of the public or others;
6.10.3 take all necessary measures to protect the environment both
on and off the site and to avoid any damage or damage to
persons or public or other property resulting from pollution,
noise or other inconveniences resulting from the methods used
to carry out the work.

6.11 Facilities and access granted to other entrepreneurs

6.11.1 The Contractor shall allow the Site, in order to fulfil its
obligations:
a) other contractors employed by the Contracting Authority
and their personnel,
b) to the personnel of the contracting authority or of
another authority and designated by the contracting
authority.
6.11.2 In the event that, pursuant to Faparagraph 11.1 above, F
Contractor is invited by service order:

a) to make available to other contractors, the Contractor or

third parties, roads or tracks, the maintenance of which is
the responsibility of the contractor;
Site ;
b) to enable such persons to use the temporary works or
equipment of the contractor on the

c) to give them other services.

7. Garanties de 7.1 Garanties de bonne execution et de restitution d’avance

bonne
execution et de Such services will be assimilated to unforeseen works which
restitution will be governed by the provisions set out in Article 15 below.
d’avance - 7.1.1 The Contractor is required to provide the Contracting Authority
Retenue de with a bank performance guarantee, in accordance with the
garantie - model included in the Tender Documents.
Responsabilite In the event of a deduction from the guarantee, for any reason
- Assurances whatsoever, the buyer must immediately replenish it.

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The amount of the performance bond shall be equal to a

percentage of the amount of the Contract set forth in the CCAP
but shall not exceed five (5) per cent of the Amount of the
Contract plus or decrease, as applicable, the amount of the
amendments. In the event of an endorsement, the warranty must
be completed under the same conditions. The warranty will
come into effect upon the effective date of the Contract.

The performance bond shall be immediately released in the

amount of ninety (90) percent of its amount upon provisional
acceptance. The remaining ten (10) per cent shall be paid as
soon as final acceptance is pronounced.

7.1.2 The Contractor shall also provide the Contracting Authority

with a guarantee of return of the start-up advance, in
accordance with the model included in the Tender Documents.
The amount of this guarantee will be equal to the amount of the
start-up advance and will be reduced automatically and
accordingly as the advance on advance payments is made. The
advance repayment guarantee will automatically lapse on the
day on which the last part of the advance is paid on a
contractual deposit.

7.2 Retention

7.2.1 Where the contract has a security period, a portion of each

payment may be withheld by the Contracting Authority as
"retention monies"; it shall be equal to a percentage specified in
the CCAP but not exceeding five (5) percent of the Contract
Amount.
7.2.2 The retention monies may be replaced, at the option of the
Contractor, by a guarantee on first demand in an amount equal
to the total amount to be withheld.

7.2.3 The amount of the retention is refunded or the first-demand

guarantee is released at the end of the warranty period.
However, if reservations have been notified to the contract
holder or institutions which granted their guarantee on first
request during the guarantee period and if they have not been
lifted before the expiry of that period, the retention or security
shall be released not later than one month after the date on
which they were lifted.
• • ,.......................... . J
In any event, the form, nature and conditions for the release of
the guarantees as well as the terms and conditions for their
return are set in accordance with the provisions of the OHADA
Treaty and the Uniform Act of 15 December 2010 on the
organization of security interests.

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7.3 Liability - Insurance

7.3.1 Notwithstanding the insurance obligations imposed hereunder,

the Contractor is and remains solely responsible and guarantees
the Contracting Authority and the Contractor against any claim
by third parties, for compensation for damage of any kind, or
bodily injury occurring as a result of the performance of this
Contract by the Contractor, its subcontractors and their
employees.
The Contractor shall undertake, in the joint names of the
Contracting Authority and the Contractor, at least the insurances
set out in paragraphs 3.2 to 3.5 of this Article and for the
minimum amounts specified in the CCAC.

The terms and conditions of an insurance policy may not be

changed without the approval of the Employer.

7.3.2 Third-party risk insurance

The Contractor will take out civil liability insurance covering

bodily injury and property damage that may be caused to third
parties during the execution of the work as well as during the
warranty period. The insurance policy must specify that the
personnel of the Contracting Authority, the Supervisor and other
contractors on the site are considered third parties for the
purposes of this insurance, which must be unlimited for personal
injury.

7.3.3 Workers' Compensation Insurance

The Contractor will take out the necessary insurance for this
purpose. It will ensure that its subcontractors do the same. As
the Contracting Authority, it guarantees the Contractor against
any recourse that its personnel or those of its subcontractors may
exercise in this regard. For its permanent expatriate staff, if any,
the Contractor will further comply with the applicable laws and
regulations of the country of origin.

7.3.4 Insurance covering construction site risks

The Contractor shall take out "All Risks on Builders" insurance

for the joint benefit of itself, its subcontractors, the Contracting
Authority and the Contractor. This insurance shall cover all
material damage to which the works covered by the Contract
may be subject, including damage due to a defect o r defect in
design, plans, construction or workmanship materials for which
the Contractor is liable under the Contract and damage due to
natural hazards. This insurance will also cover damage to the
Contracting Authority's existing property and property, loss and
damage

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to the Contractor's facilities, materials and equipment.

7.3.5 Ten-year liability insurance

The Contractor shall take out insurance covering its ten-year

liability in full, which may be brought into play in connection
with the performance of the Contract.

7.3.6 Policy Underwriting and Filing

The insurance set out in paragraphs 3.2 to 3.4 of this Article

shall be submitted by the Contractor to the Contracting
Authority for approval and then taken out by the Contractor
prior to any commencement of the Work.
The Contractor shall take out the ten-year liability insurance
provided for in paragraph 3.5 of this Article, prior to the
commencement of the work.

All such policies will include a provision for their termination

to be subject to prior notice by the insurance company to the
Contracting Authority.

8. Dccompte 8.1 Any period of time allowed in the Contract to the Contracting
de delais - Authority, the Supervisor or the Contractor shall commence on the
Formes des day following the day on which the event which serves as the starting
notifications point for that period occurred.
8.2 When the time limit is set in days, it is defined as calendar days and
expires at the end of the last day of the specified period.
When the lead time is set in months, it is counted from date to date. If
there is no corresponding calendar in the month in which the period
ends, the period expires at the end of the last day of that month.
Where the last day of a period is a weekly, public holiday or non-
working day, the period shall be extended until the end of the next
working day.
8.3 Where a document is to be delivered by the Contractor to the
Contracting Authority or to the Supervisor within a specified period,
or vice versa, or where the delivery of a document is to trigger a time
limit, the document shall be delivered to the addressee against receipt
or sent to him by registered letter with acknowledgement of receipt.
The date of receipt or acknowledgment of receipt shall be the date of
delivery of the document.
9. Propriety 9.1 The Contracting Authority shall indemnify the Contractor against any
industrielle ou claims by third parties relating to patents, licences, designs, trade
commerciale marks or trade marks the use of which is required of it by the
Contract. It is the responsibility of the Contracting Authority to obtain

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in this case, at its own expense, the necessary assignments, licenses or

authorizations.

9.2 Subject to the provisions of the preceding paragraph, the Contractor shall
indemnify the Contracting Authority and the Contractor against any claims
by third parties in respect of patents, licences, designs, trade marks and any
other protected rights relating to the equipment of the Contractor or its
subcontractors, materials or materials used for, in connection with or
incorporated therein, and against any and all damages, costs, charges and
charges of any kind relating thereto. In this case, it shall be the responsibility
of the Contractor to obtain, at its own expense, any necessary assignments,
licences or authorisations enabling the Contracting Authority to carry out or
cause to be carried out subsequently and by whomever it sees fit, all the
necessary repairs.

10. Protection de 10.1 Unless otherwise provided for in the Contract, the Contractor shall be
la main- responsible for the recruitment of personnel and manpower, as well as
d’oeuvre et their remuneration, accommodation, supplies and transport in strict
conditions de compliance with the regulations in force, complying, in particular, with
travail the labour regulations (in particular with regard to working hours and rest
days), social legislation and all applicable health and safety regulations.

10.2 With regard to expatriate personnel, the Contractor must ensure strict
compliance with the legislation and regulations that govern them.

10.3 Irrespective of the obligations laid down by the laws and regulations relating
to manpower, the Contractor shall be required to communicate to the
Contracting Authority, upon request, an up-to-date list of the names of the
personnel employed by him and their qualifications.

10.4 The Contracting Authority may at any time require the Contractor to provide
proof that it is in charge, with regard to the application to its personnel
employed in the execution of the works covered by the Contract, with regard
to social legislation, in particular with regard to employees, health and
safety.

10.5 The Contractor may, if it deems it appropriate and with the agreement of the
Contracting Authority, request and use, after having obtained them,
derogations from the regulations in force and from existing collective
agreements. No increase in the price(s) or any additional payment shall be
granted to the Contractor as a result of these deviations.

10.6 The Contracting Authority or the Supervisor may require the departure from
the site of any person employed by the Contractor who is incapacitated or
guilty of negligence, repeated recklessness or lack of probity and, more
generally, of any person employed by the Contractor whose action is
contrary to the proper performance of the work.

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10.7 The Contractor shall bear the harmful consequences of fraud

or misconduct committed by the persons employed by the Contractor
in the execution of the work.
10.8 Where the Contractor is authorized to subcontract part of the
work, its subcontractors are bound by identical obligations.

B. Prices and Settlement of Accounts

11. Contenu et Content of the prizes
caractere des
prix 11.1.1 Prices shall be deemed to include all expenses
resulting from the performance of the work, including
overhead and, as specified in paragraph 5 of this Article
unless otherwise provided in the CCAP, all taxes, duties and
charges of any kind payable by the Contractor and/or its
employees and subcontractors as a result of the performance
of the works, with the exception of taxes and duties
normally payable under payments from the Contracting
Authority to the Contractor and from which this Contract is
specifically exempted by a provision of the CCAC.
11.1.2 In accordance with the provisions of the CCAP,
prices are expressed either in full in national currency or in
several currencies.
11.1.3 Where prices are expressed in full in national
currency and the Contractor has justified in its bid that it
incurs expenses in its own currency or in other currencies, the
CCAP shall indicate the transferable percentage of the
Contract Amount that is eligible for payment in foreign
currencies, including, where applicable, the distribution of
this percentage in several foreign currencies. Except as
otherwise provided in the CCAP, this percentage (and, where
applicable, this allocation) shall be applied to any payment
made by the Employer to the Contractor under the Contract.
11.1.4 Where prices are expressed in more than one
currency, then each price includes a share settled in the
national currency and a share settled in the currency(ies)
indicated in the CCAP.
11.1.5 With the sole exception of those constraints which
are specifically mentioned in the Contract as not being
covered by the prices, the prices shall be deemed to ensure to
the Contractor a margin for risks and benefits and to take into
account all the constraints on the performance of the works
which are normally foreseeable by a competent contractor in
the circumstances in which the works are carried out and in
particular the constraints resulting from:

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a) natural phenomena;
b) the use of the public domain and the operation of public
services;
c) the presence of pipes, pipes and cables of any kind, as well as
the work necessary for the relocation or transformation of
these installations;
d) the simultaneous execution of other works, due to the
presence of other contractors;
e) application of tax and customs regulations.

Unless otherwise stipulated in the CCAP, prices shall be deemed to

have been established on the basis that no services are to be provided
by the Contracting Authority.

11.1.6 In the case of subcontracting, the Contract prices shall be

deemed to cover the costs of coordination and control by the
Contractor of its subcontractors as well as the consequences of
any failures thereof.

Distinction between unit and package prices

11.2.1 Prices are either unit prices. or all-inclusive prices which are
defined respectively as follows:
a) unit price means any price which is not a fixed price within
the meaning defined below, in particular, any price which
applies to a type of work or to an element of a work the
quantities of which are indicated in the Contract only on a
provisional basis.
b) "Fixed price" means any price which remunerates the
Contractor for a work, part of a work or a specific set of
services defined by the Contract and which is either explicitly
mentioned in the Contract as being a lump sum or applies in
the Contract only to a set of services which is not of a nature
to be repeated.

Price breakdown and sub-details

11.3.1 Prices are detailed by means of breakdowns of fixed prices

and sub-details of unit prices.

11.3.2 The breakdown of a fixed price shall be presented in the form

of an estimated detail including, for each type of work or each
element of work, the quantity to be carried out and the
corresponding price, and indicating the percentages for those
prices referred to in subparagraphs (a) and (b) of paragraph
3.3 of this Article.

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11.3.3 The sub-detail of a unit price gives the content of the price by
reference to the following categories:
a) disbursements or direct costs, broken down into staff salaries
and allowances, payroll costs, material and consumable
expenditures, material expenditures;
b) overheads, on the one hand, and taxes, on the other, expressed
as percentages of disbursements defined in paragraph
a) ;
c) the profit and risk margin, expressed as a percentage of the
sum of the two preceding items.

11.3.4 If the breakdown of a fixed price or the sub-detail of a unit

price is not included in the contractual documents; if its
production is not provided for by the CCAP within a certain
period, an administrative order may order such production
and, in such case, the period granted to the Contractor may
not be less than twenty-one (21) days.
Failure to produce a breakdown of a fixed price or a sub-breakdown
of a unit price, where that document is to be produced within a
specified period, precludes the payment of the first instalment
following the due date of that document.

Reviewing and updating prices

11.4.1 Prices are deemed to be firm unless otherwise provided in the

CCAP.
11.4.2 Price revision can only take place if it is expressly provided
for in the CCAP. In this case, the amount of the Contract is
revisable as indicated in the CCAC.
In the event of a delay in the execution of the works attributable to
the Contractor, the services performed after the contractual period for
performance shall be paid on the basis of the prices revised on the
day of expiry of the contractual period for performance (which may
be extended by the duration of the delays not attributable to the
Contractor).

11.4.3 If the Contract prices are firm, the Contract Amount may be updated
in accordance with the provisions of the _j CCAP.
•' i
Taxes, duties, levies, fees, contributions J
11.5.1 The Contract Amount shall include taxes, duties, duties, fees,
fees and levies of any kind payable in the country of the
Contracting Authority, in connection with the performance of
the Contract, in particular in respect of the manufacture, sale
and sale of the Contract.

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transportation of supplies, materials and equipment of the

Contractor and its subcontractors, whether or not such
supplies, materials or equipment are intended to be
incorporated into the work, as well as in respect of the
services rendered, regardless of the nature of the latter.
11.5.2 Unless otherwise provided in the CCAP, the Contract Amount
also includes all taxes, duties, duties, fees, fees and
contributions of any kind payable in the country of the
Contracting Authority. The latter have been calculated taking
into account the terms of assessment and rates in force thirty
(30) days before the deadline set for the submission of the
offer.
11.5.3 The prices shall include, in particular, the taxes, duties and
charges payable on reimportation, both for the definitive
importation and for the temporary importation of supplies,
materials and equipment necessary for the performance of the
work. They also include all taxes, duties and duties payable on
the profit or business figures of the Contractor and its
subcontractors, regardless of the method of determining the
profit made (partial or fully lump-sum taxation or other). They
also include all taxes, duties, duties and contributions payable
on the Contractor's personnel and those of its contractors,
contractors or subcontractors.
11.5.4 The Contractor, where the regulations so provide, shall pay
directly all contributions, taxes, duties and duties for which it
is liable to the competent bodies and shall provide the
Contracting Authority, upon request, with proof of the
corresponding payments.
11.5.5 When the regulations provide for the payment of taxes, duties,
duties and contributions by means of withholding tax made by
the Entrepreneur, and then remittance by the latter to the
competent bodies, the Entrepreneur shall make these
deductions and remit them to the bodies in question within the
time limits provided for by the regulations in force.
11.5.6 Where the regulations provide for withholding taxes to be
made on all or part of the payments made by the Contracting
Authority to the Contractor, the amount of such deductions
shall be deducted from the sums due to the Contractor and
remitted by the Contracting Authority on behalf of the
Contractor to any other competent body. In this case, the
Contracting Authority will send the Contractor a receipt
justifying the payment of these sums within fifteen (15) days
of their payment.
11.5.7 In the event that the Contracting Authority obtains from the
customs authorities an exemption arrangement or a suspensive
arrangement which was not originally provided for in respect

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11.5.8 of taxes, duties and charges due on the importation of

supplies, materials and equipment under permanent or
temporary admission after the entry into force of the
Contract, a reduction in the validity of the Contract shall
beThe corresponding price will be applied and this reduction
will be recorded in an amendment. In the event that, in order
to obtain such an advantage, a guarantee or guarantee of any
kind is to be provided to the tax and customs authorities, such
guarantee or guarantee shall be the sole responsibility of the
contractor.

11.5.9 In the event of changes in the tax, customs or social

regulations, or their interpretation, in the country of the
Contracting Authority with respect to those applicable thirty
(30) days before the deadline set for the submission of tenders
which have the effect of increasing the costs of the
Contractor, the latter shall be entitled to a corresponding
increase in the Contract Amount. To this end, within two (2)
months following the modification, PEntrepreneur will notify
the Contractor of the consequences of this modification. In the
following month, the Contractor will propose to the
Contracting Authority the drafting of an amendment to the
Contract. In the event of disagreement between the Contractor
and the Contracting Party on the terms of the Amendment
continuing one (1) month after the notification of the
Amendment by the Contractor to the latter, the dispute
resolution procedure set out in Article 50 of the CCAG shall
apply.
11.5.10 A regulatory fee, the amount of which is provided for in
the CCAP, is payable, where applicable, and in accordance
with the applicable regulations, by the Public Procurement
Regulation Holder.

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12. Remuneration 12.1 Settlement of accounts of

^Entrepreneur The settlement of the accounts of the Contract is effected by the
payment of the
advances, monthly instalments and the balance, drawn up and paid in
accordance with the conditions laid down in Article 14 of the CCAG.

In the event that BOAD suspends funds from the disbursements of the
financing granted to the Contracting Authority afm to finance
payments to the Contractor:

a) The Contracting Authority shall notify the Contractor within a

maximum of seven (7) days of receipt of the notice of suspension
from the Lessor
b) In the event that the buyer did not re<; In the event of the amount
of payments due on expiry of the time limits provided for in Article
48.3 of the CCAG, it may immediately request the Contracting
Authority to terminate the Contract.

12.2 Work at the company

12.2.1 Work to the Contractor means all work performed by the

Contractor under the Contract under its responsibility, with the
exception of the time-based work defined in paragraph 12.3
below. They are remunerated under the conditions laid down in
the Market, either on the basis of fixed prices or unit prices, or
according to a mixed formula including fixed prices and unit
prices.
12.2.2 In the case of the application of a unit price, the amount due is
determined by multiplying this price by the quantity of types of
work carried out or by the number of elements of the work
carried out.
12.2.3 In the case of the application of a fixed price, the price is due as
soon as the work, part of the work or the set of services to
which it relates has been performed; any differences that may
be found, for each type of work or each element of a work,
between the quantities actually carried out and the quantities
indicated in the breakdown of that price, established in
accordance with paragraph 11.3.2 of the CCAG, even if it has
contractual value, may not lead to a change in that price; The
same applies to any errors that may be included in this
decomposition.

12.3 On-site work

12.3.1 The Contractor shall, whether or not provided for in the

Contractor's offer, when required by the Contracting Authority,
make available to the Contractor such personnel, equipment
and equipment as may be requested for the performance of
work incidental to that provided for in the Contractor.

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Walking. For this work, known as "on-site work", P Contractor

is entitled to reimbursement:
a) salaries and allowances liable to the salary costs paid by
it to the staff, increased under the conditions set by the
CCAP to cover wage costs, overheads, taxes and
profits;
b) of the sums which he has spent on other services
provided, namely allowances not subject to salary costs
paid to staff, waste and equipment, these sums being
increased under the conditions laid down by the CCAP to
cover overheads, taxes, duties and profits.
12.3.2 The Contractor's obligation to perform work on a time-based
basis ceases when the total amount of the refund entitlements
reaches a percentage of the Contract Amount set by the
CCAPs.

12.4 Advance payments on supplies

Each advance payment received under the conditions of paragraph 1

of this Article shall include, where appropriate, a share corresponding
to the supplies constituted for the purpose of the works, provided that
the CCAP provides for the possibility of such advances and the terms
and conditions for their payment. The Contract Holder may not
dispose of supplies which have been the subject of advances or
advance payments for work other than those provided for in the
Contract. Any violation of this provision may lead to the termination
of the Contract.
The corresponding amount is obtained by applying, to the quantities
to be taken into account, the prices in the Price Schedule included in
the Contract and relating to the materials produced or the construction
components to be used.
Construction materials, products or components which have been the
subject of a deposit for supply shall remain the property of the
Contractor. They may not, however, be removed from the site without
the written permission of the Contracting Authority.
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12.5 Lump sum start-up advance

The Contractor will receive a lump sum start-up advance as soon as it

has provided the guarantee referred to in paragraph 7.1.2 of the
CCAG. The amount of this advance and the conditions under which it
is to be charged to the advance payments shall be fixed in the CCAP.
Elies shall not exceed thirty (30) percent of the amount of the original
rarch.

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12.6 Price Revision

Where, under the conditions specified in Article 11.4 of the CCAG, a

revision of prices is planned, the revision coefficient shall apply:

a) work at the company carried out during the month;

b) allowances, penalties and deductions for the month in question;
c) the variation, plus or minus, at the end of the month, as
compared with the preceding month, of the sums charged for
supplies and advances at the end of that month.

This coefficient is rounded up to the nearest thousandth.

12.7 Default interest

In the event of delay in payments due in accordance with the

provisions of Article 14.2 of the CCAG, the Contractor shall be
entitled to default interest at the rate provided for in the CCAC. If
such delays are the result of a reason for which the Contracting
Authority is entitled under the Contract to suspend payments, default
interest shall not be payable. The Bank does not bear default interest.

12.8 Remuneration of Group Contractors

In the case of a Contract with Group Contractors, the work carried out
shall be paid to a single account, the characteristics of which shall be
transmitted to the Contracting Authority by the common agent.

12.9 Remuneration of subcontractors paid directly

Work performed by subcontractors entitled to direct payment shall be paid

for under the conditions stipulated in the Contract, an addendum or a special
act.

13. Findings
and findings 13.1 For the purposes of this Article, a finding is a material transaction,
Contradictory the finding being the resulting document.

13.2 Contradictory statements concerning the services performed or the

circumstances of their performance shall be made at the request of
either the Contractor or the Supervisor.

The findings concerning the services performed, in the case of work

governed by unit prices, relate to the elements necessary for the
calculation of the quantities to be taken into account, such as
measurement results, gauging, weighing, counting, and to the
characteristic elements necessary for the determination of the unit
price to be applied.

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13.3 Contradictory findings made for the protection of any rights of either
party shall not prejudice the existence of those rights.
13.4 The Supervisor sets the date of the findings; where the application is
submitted by the Contractor, the date shall not be more than eight (8)
days later than the date of the application. The findings give rise to the
drafting of a report drawn up on the spot by the Supervisor in
contradiction with the Contractor.
If the Contractor refuses to sign this statement or signs it only with
reservations, it must, within fifteen (15) days thereafter, specify in
writing its observations or reservations to the Contractor.
If the Contractor, duly summoned in due time, is not present or
represented at the findings, he shall be deemed to accept the resulting
report without reservation.
13.5 The Contractor is required to request in good time that contradictory
findings be made in respect of services which could not be the subject
of subsequent findings, in particular where the works are subsequently
to be hidden or inaccessible. Failing this, and in the absence of
evidence to the contrary, he and his employees are not entitled to
challenge the Supervisor's decision relating to these services.

14. Modalites de 14.1 Monthly Statements

reglement des
acomptes 14.1.1 Before the end of each month or in accordance with
the conditions laid down in the CCAP for the advance or
advances, the Contractor shall submit to the Supervisor a draft
statement establishing the total amount determined at the end
of the previous month of the sums to which he is entitled as a
result of the performance of the Contract since the beginning
of the Contract.
This amount is established on the basis of the base prices, i.e.
the prices shown in the Contract, including any discounts or
markups that may be indicated in the Contract, but without
price revisions. L
If unforeseen works or works have been carried out, the
provisional prices referred to in Article 14.3 shall be applied
until the final prices are adopted. I
If reductions have been set in accordance with the provisions
of Article 25.6 of the CCAG, they shall be applied.
The draft statement drawn up by the Contractor is accepted or J
rectified by the Contractor; It then becomes the monthly
countdown.
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14.1.2 The statement shall include, as necessary, the following parts:

a) Work at the company ;

b) on-site work;
c) Supplies;
d) advances;
e) indemnites, penalites, and deductions other than therestraint
from
guarantee;
f) Reimbursements of Pantries Incumbenthas1'Authors
contractor for which the Contractor has made an advance;
g) amount to be deducted equal to the excess of the expenses
incurred for the services performed ex officio in the place of
the defaulting Contractor over the sums that would have been
paid to that Contractor if he had performed these services;
h) default interest.

14.1.3 The amount of the work to the company is established as follows:

The statement shall include a statement of the work carried out, as

shown by contradictory findings or, failing that, by the evaluations
of the Contracting Authority. Fixed prices may be divided if the
work or part of the work to which the price relates has not been
completed: a fraction of the price equal to the percentage of
execution of the work or part of the work is then counted; To
determine this percentage, the price breakdown defined in Article
11.3 of the CCAG shall be used, if required by the Contracting
Authority.

The progress of the work determined according to one of the two

methods of payment defined above is the subject of a contradictory
finding.
14.1.4 The amount of supplies is established by taking into account those
that have been built up and not yet used.
14.1.5 In each of the parts listed in paragraph 1.2 of this Article, the
statement shall distinguish, where appropriate, between the items
whose price is firm and those whose price is revisable, as set out in
Article 11.4 of the CCAG, possibly dividing the latter items among
the different methods of revision provided for by the Contract.
The statement shall specify, where appropriate, the items liable to
the business count tax due on the payments of

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1 The Contracting Authority to the Contractor, distinguant

and the applicable tax rates, if any.

14.1.6 1/ The Contracting Authority may request ^Contractor to

prepare the draft statement in accordance with a model or
procedure recommended by the competent authorities or by the
financing bodies.

14.1.7 The Contractor shall attach the following documents to the

draft statement, if they have not already been provided:
a) calculations of the quantities taken into account, based on
the information contained in the contradictory findings;
b) the calculation, with supporting justifications, of the price
revision coefficients; and
c)where applicable, the documents justifying the
disbursements made under Article 27.4 of the CCAG, for
which he requests reimbursement.
14.1.8 The information contained in the monthly statements is not
final and is not binding on the contracting parties.

14.2 Monthly Installments

14.2.1 The amount of the advance payment to be paid to the

contractor is determined, on the basis of the monthly statement,
by the project manager, who draws up a statement for this
purpose showing:
a) the amount of the advance payment based on the basic
prices: this amount is the difference between the amount
of the statement in question and that of the previous
statement; it distinguishes, like the monthly statements,
the various items liable to the various methods of price
revision and, where appropriate, to the various rates of
turnover tax applicable to payments made by the
Contracting Authority to the Contractor;
b) 1. effect of the price revision, in accordance with the
provisions of Articles 11.4 and 12.6 of the CCAG;
c) where applicable, the amount of turnover tax applicable to
payments made by the Contracting Authority to the
Contractor; and
d)the total amount of the payment on account, which
amount being the sum of the amounts specified in
paragraphs (a), (b) and (c) above, less the retention period
provided for in the Contract.
14.2.2 The Supervisor notifies the Contractor, by administrative order,
of the statement on account together with the statement of
account used

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to the latter if the project drawn up by the Contractor has been

modified.

14.2.3 Payment of the advance payment must be made to the bank

department designated at the CCAP, and shall be made not later
than sixty (60) days after the date on which the draft statement
is submitted by the Contractor to the Contractor. If, for any
reason not attributable to the Contractor, payment is not made
within this period, the Contractor shall inform the Contractor.
14.2.4 The amounts shown in the monthly instalments shall not be
final and shall not be binding on the Contracting Parties, except
for the purpose of the price revision referred to in paragraph 2.1
(b) of this Article where the Contractor has not made any
reservations thereon upon receipt of the service order referred
to in paragraph 2.2 of this Article.

14.3 Final discount

14.3.1 After the completion of the work, 1'Entrepreneur,

At the same time as the draft statement of account relating to
the acceptance of the project, draw up the draft final statement
of account establishing the total amount of the benefits to
which he is entitled as a result of the performance of the
contract as a whole, the evaluations being made taking into
account the services actually performed. This draft statement is
drawn up on the basis of the basic prices as well as the monthly
draft statements and consists of the same parts as the latter,
with the exception of supplies and advances; it shall be
accompanied by the elements and documents referred to in
paragraph 1.7 of this Article if they have not been previously
provided.
14.3.2 The draft final statement shall be submitted to the Project
Manager within thirty (30) days from the date of notification of
the decision on provisional acceptance of the works as provided
for in Article 41.3 of the CCAG. However, if the provisions of
Article 41.5 of the CCAG are applied, the date of the report
recording the performance of the additional services shall be
substituted for the date of notification of the decision to accept
the works as the starting point for the above periods.
In the event of a delay in the submission of the draft final
statement, after formal notice has remained ineffective, the
statement may be drawn up ex officio by the Supervisor at the
expense of the Contractor. This statement is notified to the
Contractor together with the general statement provided for in
Article 14.4 below.
14.3.3 The Contractor is bound by the information contained in the
draft final statement, except for the points on which it has made
reservations, as well as the final amount of default interest.
14.3.4 The final draft statement by the Contractor shall be accepted or
rectified by the Contractor; It then becomes the final count.

14.4 General and final settlement, balance

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14.4.1 The project manager shall draw up the general statement which
shall include:

a) The final statement defined in paragraph 3.4 of this

Article;
b) The statement of the balance drawn up, on the basis of
the final statement and the last monthly statement, under
the same conditions as those defined in paragraph 2.1 of
this Article for monthly instalments;
c) Summary of monthly instalments and balance; and
d) The amount of the general statement is equal to the result
of this last recapitulation.

14.4.2 The general statement, signed by the Contracting Agency, must

be notified to the Contractor by service order before the later
of the following two dates:
a) thirty (30) days after the date of submission of the draft
final statement;
b) Thirty (30) days after the publication of the last reference
index allowing the revision of the balance.

14.4.3 Payment of the balance must be made within sixty (60) days of
notification of the general statement.
14.4.4 The Contractor shall, within thirty (30) days from the
notification of the general statement, return it to the Contractor,
signed by the Contractor, with or without reservations, or state
the reasons why it refuses to sign it. No further reservations
will be accepted after the Contractor has returned the
statement.
If the signature of the general statement is given without
reservation, this acceptance is definitively binding on the
parties, except as regards the amount of default interest; this
statement thus becomes the general and final statement of the
Contract.
If the signature of the general settlement is refused or given with .
reservations, the reasons for such refusal or reservations shall be set
forth by the Contractor in a memorandum of claim specifying the
amount of the amounts claimed by the Contractor.

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payment and which provides the necessary justifications by

resuming. under penalty of foreclosure, claims already made
previously which have not been the subject of a final
settlement; this memorandum must be submitted to the
Supervisor within the time limit indicated in the first
paragraph of this paragraph. The dispute is then settled in
accordance with the procedures set out in Article 50 of the
CCAG.

If the reserves are partial, PEntrepreneur is bound by its

implicit acceptance of the items in the statement to which these
reservations do not relate.

14.4.5 In the event that the contractor has not returned to the
Contractor the signed general statement within the thirty (30)
day period set out in paragraph 4.4 of this Article, or, in the
event that the contractor has returned it within this period, it
has not given reasons for its refusal or has not set out in detail
the reasons for its reservations, specifying the amount of its
claims, this general statement shall be deemed to be accepted
by him; it becomes the general and final tally of the Market.

14.5 Settlement in case of subcontractors paid directly

14.5.1 Where a subcontractor receives direct payment, the contractor

shall attach to the draft statement of account a certificate
indicating the amount to be deducted from the subcontractor
due to him for the part of the service performed, which the
Contracting Authority shall have to pay to that subcontractor.

Payments by the subcontractor concerned shall be made

within the limit of the amount of the advance and balance
statements and the certificates provided for in the preceding
paragraph.

The total amount of payments made to a subcontractor

reduced to the terms of the Contract pricing month may not
exceed the amount to be subcontracted as stipulated in the
Contract.

14.5.2 The Contractor is the only one entitled to submit the draft
statements and to accept the general statement; Only
complaints made or forwarded by it are admissible.

14.5.3 The payments to be made to the subcontractor shall be made

on the basis of the supporting documents and acceptance of
the subcontractor given in the form of a certificate,
transmitted by the latter in accordance with the provisions of
Article 14.5.1.

Upon receipt of these documents, the Contracting Authority

shall notify the subcontractor directly of the date of receipt of

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the draft statement and certificate sent by the contractor,

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and shall indicate to him the sums the payment of which

has been accepted by the Contractor.

Payment of the sums due to the subcontractor must be

made within the time limits provided for in Articles 14.2.3
and
14.4.3.

A notice of payment shall be sent to the Contractor and the

subcontractor.
The Contractor has a period of fifteen (15) days, counted
from the receipt of the supporting documents used as a
basis for direct payment, to accept them or to notify the
Subcontractor of its reasoned refusal of acceptance. After
this period, V Entrepreneur cst shall be deemed to have
accepted those of the supporting documents or parts of the
supporting documents that it has not expressly accepted or
refused.
In the event that the Contractor has not, within fifteen (15)
days of receipt of the Subcontractor's draft statement,
neither made a reasoned refusal nor forwarded it to the
Contracting Authority, the Subcontractor shall send a copy
of the draft statement directly to the Contracting Authority.
A copy of the acknowledgment of receipt of the draft
statement of account to the Contractor shall be attached.
The Contracting Authority shall forthwith give formal
notice to the Contractor, by registered letter with
acknowledgement of receipt by post, to provide proof
within fifteen days of receipt of such letter that it has
refused its subcontractor with reasons within the period
provided for in the fifth paragraph above. Upon receipt of
the notice, the Contracting Authority shall inform the
subcontractor of the date of such formal notice.

J
At the end of this period, and in the event that the
Contractor is unable to provide such proof, the Contracting
Authority shall have the period provided for in Article
14.2.3 to authorize the sums to be paid to the
Subcontractor, up to the amount of the sums remaining due
to the Contractor in respect of the draft statements
submitted by it. .

14.6 Claim or direct action by a subcontractor

If a subcontractor of the Contractor gives notice to the Contractor

to pay directly to the Contractor certain amounts that the
Subcontractor considers to be due to the Subcontractor under the
Subcontract, the Contracting Authority may withhold the sorames
claimed from the amounts remaining to be paid to the Contractor,
provided that the Subcontractor
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has been an approved subcontractor and its right to direct payment has
been previously recognised in the context of the Contract or is the
result of the regulations in force. The amounts so withheld do not bear
interest.

If the subcontractor's entitlement is finally established, the

Contracting Authority shall pay the subcontractor and the amounts
due to the Contractor shall be reduced accordingly.
15. Reglement du
prix des 15.1 This Article concerns works or works the performance of which is
ouvrages ou decided by the Contracting Authority and for which the Contract does
travaux non not provide for a price. This work may be requested from the
prevus Contractor. by an administrative order, which shall be required to carry
them out to the extent that the Amount of the Contract, on the date of
its conclusion, is changed by less than ten (10) percent.

15.2 The new prices for the works or works defined in paragraph 1 above may
be either unit prices or fixed prices.

Unless otherwise specified, linked to the volume of work, or to the

nature of the work, they are established on the same basis as the Market
prices and on the basis of the economic conditions in force in the month
in which these prices are established.

If there are flat-rate price breakdowns or unit price sub-details, their

components, including the prices contained in the breakdowns, shall be
used for the establishment of the new prices.

15.3 The office order referred to in paragraph 1 of this Article, or another

service order issued no later than fifteen (15) days later, notifies the
Contractor of provisional prices for the payment of works not foreseen.

These provisional prices shall be fixed by the Supervisor after

consultation with the Contractor. They must be accompanied by a sub-
detail, in the case of unit prices, or a breakdown, in the case of fixed
prices, this breakdown not including any new unit price in the CCIS of a
fixed price for which the present changes relate only to the quantities of
the nature of the work or of the elements of the work.

Provisional prices are waiting prices which do not imply the acceptance
of either the Contractor or the Contractor; They are applied for the
purpose of drawing up the statements until the final prices are fixed.

15.4 The Contractor shall be deemed to have accepted the provisional prices
if, within thirty (30) days of the service order notifying it of these prices,
it has not submitted an observation to the Contractor, indicating, with all
relevant justifications, the prices it is proposing.

15.5 Where the Contracting Authority and the Contractor agree to the final
prices, the final prices shall be the subject of an amendment.

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15.6 In the event of a disagreement persisting more than sixty (60) days after
the administrative order between the Contracting Authority and the
Contractor for the determination of final prices, the dispute shall be
settled in accordance with the provisions of Article 50 of the CCAG.

16. Augmentation 16.1 For the purposes of this Article and Article 17 of the CCAG, the
dans la masse "mass" of work shall mean the amount of work to be carried out by the
des travaux undertaking, assessed on the basis of the basic prices defined in
paragraph 11.1.1 of the CCAG, taking into account any new prices,
definitive or provisional, fixed pursuant to !' Article 15 of the CCAG.

The "initial mass" of the works is the mass of the works resulting from
the forecasts of the Contract, i.e. the initial Contract which may be
modified or supplemented by the amendments made.

16.2 Subject to the application of the provisions of paragraph of this Article,

the Contractor shall be required to complete the execution of the works
covered by the Contract, regardless of the extent of the increase in the
mass of work which may result from technical constraints or from
insufficiencies in the quantities provided for in the Contract.

16.3 If the increase in the mass of work is greater than twenty (20) per cent of
the original mass, the Contractor shall be entitled to be compensated in
the final analysis for any loss suffered by the Contractor as a result of
such increase in excess of the twenty (20) per cent limit increase.

16.4 When the amount of work carried out reaches the initial amount, the
contractor must stop the work if it has not received an administrative
order notifying it of the decision taken by the contracting authority to
continue the work. This decision to continue is valid only if it indicates
the maximum amount up to which the work may be continued, and any
excess of this limit must give rise to the same procedure and entail the
same consequences as those defined below for exceeding the initial
mass.

The Contractor shall notify the Contractor at least thirty (30) days in
advance of the probable date on which the mass of the work will reach
the initial mass. The order to continue the work beyond the initial mass,
if given, must be notified at least ten (10) days before that date.

In the absence of an order to continue, the work carried out in excess of

the initial amount shall not be paid for and the precautionary measures
to be taken, decided by the Supervisor, shall be borne by the Authority

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unless the Contractor has not given notice as set forth above.

16.5 Within fifteen (15) days of any service order having the effect of
causing a change in the mass of the work, the Supervisor shall
inform the Contractor of the estimated estimate he makes of this
17. modification.
Diminution de 17.1 If the reduction in the mass of work is greater than twenty (20)
la masse des per cent of the original mass, the Contractor shall be entitled to be
travaux compensated in the final analysis for any loss suffered by the
Contractor as a result of such reduction in excess of the twenty
18. Changement (20) per cent reduction limit.
dans 18.1 In the case of elements of work governed by unit prices, where,
1’importanc as a result of service orders or circumstances beyond the fault or
e des fault of the Contractor, the size of certain types of work is altered
diverses in such a way that the quantities performed differ by more than
natures thirty (30) per cent, or by more than twenty-five (25) per cent
d’ouvrage less, than the quantities shown in the Estimated and Quantitative
Detail of the The Contractor is entitled to be compensated in the final
analysis for any damage caused to it by these changes.
The compensation to be awarded, if any, shall be calculated on the basis
of the difference between the actual quantities performed and the planned
quantities increased by thirty (30) per cent or decreased by twenty-five
(25) per cent.
The foregoing stipulations shall not apply to the nature of the works for
which the amounts of the works shown in the Quantity and Estimate
Details of the Contract and in the final statement of the works are both
less than five (5) per cent of the amount of the Contract.
Except as otherwise provided in the CCAP, the Contractor shall not be
entitled to any compensation in connection with the performance of the
nature of works for which the unit prices are set out in the Price Schedule
but for which the Quantity and Estimate Detail does not explicitly
include quantities, unless, however, the total amount of the work
performed to which such prices apply exceeds five (5) per cent of the
amount of the Contract.
18.2 In the case of elements of work governed by fixed prices, where changes
are ordered by the Master of Works in the nature of the work, the new
price fixed in accordance with the procedures laid down in Article 15 of
the CCAG shall take into account any additional costs borne by the
Contractor as a result of these changes, excluding the damage
compensated, where applicable, pursuant to Article 16.3 or Article 17.

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19. Pertes et Force 19.1 The Contractor shall not be compensated for any loss, damage or
avaries - damage caused by the Contractor's negligence, lack of foresight,
majeure lack of means or misconduct.
19.2 The Contractor shall make reasonable arrangements at its own
expense, risk and peril to ensure that supplies, materials and site
facilities and works under construction cannot be removed or
damaged by storms, floods, swells and other natural phenomena that
are reasonably foreseeable under the circumstances in which the work
is being performed.
19.3 Force majeure, for the performance of this Contract, means any act or
event that is unforeseeable, irresistible, beyond the control of the
parties and which renders the performance of the Contract practically
impossible, such as natural disasters, fires, explosions, war,
insurrection, mobilization, strikes generated, earthquakes, but not the
acts or events that would only make the performance of an obligation
more difficult or onerous for its debtor.
The CCAP shall define, as necessary, the threshold for severe weather
and other natural phenomena that are deemed to constitute a force
majeure event under this Contract.
In the event of the occurrence of an event of force majeure, the
Contractor shall be entitled to compensation for the damage suffered
and to a reasonable increase in the time taken to perform the
Equipment, it being specified, however, that no compensation may be
awarded to the Contractor for total or partial loss of its floating
equipment, the insurance costs of such equipment being deemed to be
included in the Contract prices.
The Contractor who invokes the case of force majeure must
immediately after the occurrence of a case of force majeure, and
within a maximum period of seven (7) days, send to the Contracting
Authority a notification by registered letter establishing the
constituent elements of the force majeure and its probable
consequences on the performance of the Contract.
In any case, the Contractor shall take all necessary measures to
ensure, as soon as possible, the normal resumption of the
performance of the obligations affected by the case of force majeure.
If, as a result of force majeure, the Contractor is unable to perform the
services as provided for in the Contract for a period of thirty (30)
days, it shall examine as soon as possible with the Contracting
Authority the contractual consequences of such events on the
performance of the Contract and in particular on the price, deadlines
and respective obligations of each of the parties.

u
Where a force majeure situation has existed for a period of at least
sixty (60) days, each party shall have the right to terminate the
Contract by written notice to the other party.

J
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C. Time Limits

20. Fastening and 20.1 Timelines

prolongation
Deadlines 20.1.1 The time limit for the performance of the work set out in the
Contract shall apply
the completion of all the planned work to be carried out by the
Contractor, including, except as otherwise provided in the
Contract, the relocation of site facilities and the restoration of
land and premises. This period takes into account in particular
all the hardships resulting, if any, from the work carried out by
subcontractors and/or by any other company on the Site.
Unless otherwise provided in the CCAP, this period shall begin
to run from the date of entry into force of the Contract, which
shall also be equivalent to an administrative order to
commence the work.

20.1.2 The provisions of paragraph 1.1 of this Article shall apply to

the time limits, distinct from the time limit for the execution of
the works as a whole, which may be fixed by the Contract for
the performance of certain phases of the works, or of certain
works, parts of works or sets of services.

20.1.3 A premium for early performance of the work will be paid to

the contractor only if the premium is provided for in the
CCAP.

20.2 Extension of turnaround times

20.2.1 Where there is a change in the volume of works or a major

change in certain types of works, the substitution of different
works for works initially planned, the encounter with
unforeseen difficulties during the course of the work, an
addition of works decided by the Contracting Authority or a
delay in the execution of preliminary operations which are the
responsibility of the Contracting Authority or of preliminary
works which are the subject of another Contract, justified
either by an extension of the time limit for performance or by
postponing the start of the work, the extent of the extension or
postponement shall be discussed by the Contractor with the
Contractor, then submitted to the Contracting Authority for
approval and the decision taken by the Contracting Authority
shall be notified to the Contractor by service order.

20.2.2 In the event of bad weather exceeding the threshold set out in
the CCAP, resulting in a work stoppage on construction sites,
the deadlines for the execution of the work are extended. This
extension shall be notified to the Contractor by means of an
administrative order specifying the duration of the extension,
which shall be equal to the number of days actually recorded
during which the work has been stopped as a result of the

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severe weather, in accordance with those provisions, deducting, where

appropriate, the number of days of foreseeable bad weather
indicated in the CCAP.

20.2.3 Apart from the cases provided for in paragraphs 2.1 and 2.2 of
this Article, the Contractor shall only be entitled to an
extension of the execution periods in the following cases:

a) implementation of the provisions of Article 19 of the

CCAG;
b) failure by the Contracting Authority to comply with its
own obligations; or
c) Conclusion of an amendment.

20.2.4 When the extension of the execution deadlines notified to E

Contractor by service order has exceeded a period set out in
the CCAP, the latter shall have the right, within fifteen (15)
days following the notification of the service order resulting in
an overrun of this period, to request the termination of the
Contract.

21. Penalties, and 21.1 In the event of a culpable delay in the execution of the work, a Deductions
Joumaliere penalty, set by the CCAP, equal to a number of
thousandths of the amount of the contract as a whole. This amount is
the amount resulting from the forecasts of the Contract, i.e. the initial
Contract, if any, modified or supplemented by the amendments made;
it is valued on the basis of the basic prices defined in paragraph 14.1.1
of the CCAG.

21.2 The Contracting Authority may, without prejudice to any other method
of recovery, deduct the amount of such penalties from all sums
payable by it to the Contractor. The payment of these penalties by the
Contractor, which represent a lump sum assessment of the damages
due to the Contracting Authority in respect of the delay in the
performance of the work, does not relieve the Contractor of all other
obligations and liabilities which it has assumed under the Contract.

21.3 In the event of termination, the penalties shall be applied up to and

including the day of notification of the termination decision or until
the day on which the operation of the company of the Entrepreneur Li
ceases to operate if the termination results from one of the cases
provided for in Article 47 of the CCAG. i i

21.4 The provisions of the two preceding paragraphs shall apply to any U
penalties provided for by the CCAP in the event of delay in the 't
completion of certain works, parts of works or sets of services subject
to specific deadlines or deadlines set in the Contract. J
ij

21.5 Weekly rest days as well as public holidays or non-working days are
not deducted for the calculation of penalties. Li

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21.6 The amount of penalties is capped at the level set by the CCAC. When
the maximum penalty is reached, the Contracting Authority shall be
entitled to terminate the Contract without prior formal notice.

D. Realisation des ouvrages

22. Provenance des 22.1 The Contractor shall be

fournitures, free to choose the origin of the
equipements, construction materials or
materiels, components as well as the mode of
materiaux et transport of these various
produits elements, their insurance and the
23. Lieux banking services relating thereto,
d’extraction ou provided that it can prove that they
emprunt des meet the conditions set by the
materiaux Contract.

23.1 When the Contract determines the places where the materials are to be
extracted or borrowed and the deposits prove to be insufficient in quality or
quantity during the works, the Contractor must notify the Supervisor in good
time; The latter then designates, on the possible proposal of the Entrepreneur,
new places of extraction or borrowing. Substitution may give rise to the
application of a new price established in accordance with the procedures laid
down in Article 15 of the CCAG.

23.2 If the Contract provides that extraction or borrowing facilities are made
available to the Contractor by the Contracting Authority, the occupancy
allowances and, where applicable, royalties of any kind shall be borne
by the Contracting Authority. The Contractor may not, without the
written authorization of the Contractor, use for work that is not part of
the Contract the materials it has extracted from these extraction or
borrowing sites.

23.3 Except as provided for in paragraph 2 of this Article, the Contractor

shall be required to obtain, as necessary, the necessary administrative
authorizations for the extraction and borrowing of materials. Any
occupancy allowances or royalties of any kind due for such extractions
or loans shall be borne by the Contractor. However, the Contracting
Authority and the Supervisor shall assist the Contractor if requested by
the Contractor to facilitate the Contractor's obtaining any administrative
authorizations required for the extraction and borrowing of materials.

23.4 In all cases, the Contractor shall bear the operating costs of the
extraction or borrowing sites and, where applicable, the opening costs.

It shall also bear, without recourse to the Contracting Authority, the

cost of the damage caused by the extraction of the materials, by the
establishment of service roads and, in a manner generated, by the
development works necessary for the operation of the extraction or

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borrowing sites, and the restoration. It guarantees the Contracting

Authority in the event that the Contracting Authority is required to pay
for such damage.

24. Qualite des 24.1 Construction materials and components must comply with the
materiaux et provisions of the Contract, the requirements of internationally
produits- approved standards and comply with the regulations in force. The
Application applicable standards shall be those in force on the first day of the
des normes month in which tenders are submitted. Any deviations from the
standards, if they are not expressly the result of the technical
documents of the Contract, shall be indicated or summarized as such in
the CCAC.

24.2 The Contractor may only use construction materials, products or

components of a quality other than that set by the Contract if
authorized in writing by the Contractor Py.The corresponding prices
shall be changed only if the authorization granted specifies that the
substitution gives rise to the application of new prices and if the
increase or reduction resulting from these new prices has been accepted
by the competent authorities. These prices shall be established in
accordance with the procedures laid down in Article 15 of the CCAG,
the Supervisor being required to notify the provisional prices by office
order within fifteen (15) days of authorisation given.

25. 25.1 The materials, products and components of construction are subjected,
Verification for their quality verification, to tests and tests, in accordance with the
qualitative des stipulations of the Contract, to the requirements of approved
materiaux et international standards and in accordance with the regulations in force;
produits - the provisions of Article 24 of the CCAG relating to the definition of
Essais et applicable standards and any derogations from these standards are to
epreuves be retained for the purposes of this Article.

In the absence of any indication in the Contract or in the standards of

the operating methods to be used, these shall be the subject of proposals
from the Contractor submitted to the Supervisor for approval.

25.2 The Contractor shall store construction materials, products and

components in a manner that facilitates scheduled audits. It shall take
all necessary measures to ensure that materials, products and
components can be easily distinguished, according to whether they are
awaiting verification or accepted or rejected; rejected materials,
products and components must be removed promptly from the site, the
provisions of Article 37 of the CCAG being applied where appropriate.

25.3 Checks are carried out in accordance with the instructions of the
J
Contract or, failing that, according to the decisions of the Supervisor,
either on the site or in the factories, shops or quarries of the contractor
and subcontractors or suppliers. They shall be carried out by the
J
Contracting Authority or, if the Contract so provides, by a laboratory
or inspection body. u
u
In the event that the supervisor or his employee carries out the tests

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personally, the contractor shall provide him with the necessary

equipment and he must also provide assistance, manpower and
assistance.

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electricity, fuels, warehouses, and apparatus and instruments normally

necessary for the examination, measurement and testing of all materials
and equipment. However, the Contractor shall not be liable for any
remuneration from the Contractor or its employee.

Checks carried out by a laboratory or inspection body are carried out at

the expense of the contractor. The latter sends to the Supervisor the
certificates recording the results of the verifications carried out. On the
basis of these certificates, the Contractor decides whether or not the
building materials, products or components can be used.

In all cases, the Contractor, supplier or subcontractor shall allow access

to its premises to the Contractor or the Control Body so that they can
carry out any checks in accordance with the provisions of the Contract.

25.4 The Contractor shall agree with the Contractor on the dates and places
for the execution of the inspections and tests of the materials and
equipment in accordance with the provisions of the Contract. The
Supervisor shall notify the Contractor at least twenty-four (24) hours in
advance of its intention to carry out the inspection or to attend the tests;
if the Supervisor is not present on the agreed date, the Contractor may,
unless otherwise instructed by the Supervisor, proceed with the tests,
which shall be deemed to have been carried out in the presence of the
Supervisor.

The Contractor shall forthwith forward to the Supervisor duly certified

copies of the test results. If the Supervisor has not been present at the
tests, the results of the latter shall be presumed to have been approved
by him.

25.5 The Contractor is required to provide all samples necessary for the
verifications at its own expense.

The Contractor shall, if necessary, equip the manufacturing equipment

with devices for the removal of materials at the various stages of
^elaboration of the products manufactured.

25.6 If the results of audits provided for in the Contract or by the

If standards for a supply of building materials, products or components
do not allow for the acceptance of this contract, the Contractor may
prescribe, in agreement with the Contractor, additional checks to allow
the acceptance of all or part of the contract, with or without any
reduction in prices; the expenses corresponding to these last checks
shall be borne by the Contractor. .

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25.7 The following are not the responsibility of the Contractor:

a) tests and tests carried out by the Supervisor or caused to be

carried out and which are not provided for in the Contract or by
the standards; neither

b) any checks that may be prescribed by the Supervisor on

construction materials, products or components that must bear a
stamp mentioned in the Contract or that have been the subject of
an administrative approval, which would only have the purpose
of ensuring compliance with the qualities inherent in the mark
or required for approval.

25.8 The Contractor shall not bear the burden of any travel and subsistence
expenses incurred by the Contracting Authority, the Supervisor or their
employees.

26. Verification 26.1 Determination of quantities of materials and products is carried out quantitative
contradictorily.
Materials
& Products For Materials and products that are the subject of consignment notes,
the weight indications made on them are presumed to be accurate;
however, the Supervisor always has the right to have an adversarial
check carried out on a scale for each delivery. The costs of this audit
are:

a) to be borne by the Contractor if the weighing reveals that there

is, to the detriment of the Contracting Authority, a weight
difference greater than the normal carriage brake;
b) to be borne by the Contracting Authority if not.

26.2 If it is established that the transport of building materials, products or

components is carried out in overloaded road vehicles, the expenditure
relating to such transport shall not be taken into account. in the Rules of the
Contract.

Where such expenditure is not the subject of a separate settlement, the

prices of the works which include the remuneration for such transport
shall be reduced by administrative order, referring, where appropriate,
to the sub-details of the unit prices and the breakdowns of the fixed
prices.

27. Prise 27.1 Where the Contract provides for the Contracting Authority to supply certain
en charge, construction materials, products or components, the Contractor shall be
manutention et notified in good time and shall take charge of them upon their arrival at the
conservation Site.
par
l’Entrepreneur 27.2 If the handling takes place in the presence of a representative of the
des materiaux Contracting Authority, it shall be the subject of an adversarial report on the
t
et produits 7

fournis par quantities taken over.

l’Autorite |J

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ns le cadre du
Marche 27.3 If the takeover takes place in the absence of the
Contracting Authority, the quantities assumed
by the Contractor shall be deemed to be those
for which it has given a written release to the carrier or supplier who
made the delivery.
In this case, the purchaser must ensure, taking into account the
particulars in the consignment note or delivery notice brought to its
attention, that there are no omissions, errors, damage or defects
normally detectable. If he finds an omission, error, damage or defect,
he must make the usual reservations to the carrier or supplier and
inform the Supervisor immediately.
27.4 Whatever the mode of transport and delivery of materials, products or
components, and in the event of stockpiling, the Contractor is required
to carry out the necessary operations of unloading, unloading,
handling, reloading and transport, up to and including the storage or
on-site storage of the materials, products or components, possibly
under the conditions and deadlines stipulated in the CCAP.
The Contractor shall pay all rental charges, demurrage or overtime
charges, all charges for exceeding unloading tariff deadlines and, in a
manner generated, all penalties and charges as resulting from
regulations, approved tariffs or contracts, but shall not be permanently
liable for such costs and penalties unless the delay is the result of the
Contractor's actions.
27.5 If the Contract stipulates that the qualitative or quantitative
preservation of certain materials, products or components requires
their storage, P Contractor is required to construct or procure the
necessary warehouses, even off site, under the conditions and within
the territorial limits that may be stipulated in the CCAP.

It covers the costs of storage, handling, stowage, conservation and

transport between the stores and the construction site.

27.6 In all cases, PEntrepreneur has custody of the materials, products and
components from the moment they are taken over. It assumes the
legal responsibility of the custodian, taking into account any special
retention conditions imposed by the Market.
27.7 The Contractor may only be required to accept all or part of the
materials, products or components supplied by the Contracting
Authority if the Contract specifies:

a) the content of the relevant mandate;

b) the nature, origin and characteristics of such materials, products or
components;
c) the checks to be carried out; and

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d) les moyens de controle a employer, ceux-ci devant etre mis a la

disposition de 1’Entrepreneur par le Maitre d’CEuvre.

27.8 En 1’absence de stipulations particulieres du Marche, la charge des

frais resultant des prestations prevues au present Article est reputee
incluse dans les prix.

28. Implantation 28.1 Plan general d’implantation des ouvrages

des ouvrages
Le plan general d’implantation des ouvrages est un plan oriente qui
precise la position des ouvrages, en planimetrie et en altimetrie, par
rapport a des reperes fixes. Ce plan est notifie a 1’Entrepreneur, par
ordre de service, dans les quinze (15) jours de 1’entree en vigueur du
Marche ou si 1’ordre de service prescrivant de commencer les travaux
est posterieur a celle-ci, au plus tard en meme temps que cet ordre.

28.2 Responsabilite de [’Entrepreneur

L’Entrepreneur est responsible :

a) de l’implantation exacte des ouvrages par rapport aux reperes,

lignes et niveaux de reference originaux foumis par le Maitre
d’oeuvre;
b) de 1’exactitude du positionnement, du nivcllcment, du
dimensiormement et de 1’alignement de toutes les parties des
ouvrages ; et
c) de la foumiture de tous les instruments et accessoires et de la
main-d’ceuvre necessaires en rapport avec les taches enumerees
ci-dessus.

28.3 Si, a un moment quelconque lors de l’execution des travaux, une

erreur apparait dans le positionnement, dans le nivellement, dans le
dimensionnement ou dans Talignement d’une partie quelconque des
ouvrages, 1’Entrepreneur doit, si le Maitre d’CEuvre le demande,
rectifier cette erreur a ses propres frais et a la satisfaction du Maitre
d’CEuvre, a moins que cette erreur ne repose sur des donnees
incorrectes foumies par celui-ci, auquel cas le cout de la rectification
incombe a 1’Autorite contractante.

28.4 La verification de tout tracement ou de tout alignement ou nivellement

par le Maitre d’CEuvre ne degage en aucune fafon 1’Entrepreneur de c
sa responsabilite quant a l’exactitude de ces operations ;
l’Entrepreneur doit proteger et conserver soigneusement tous les
reperes, jalon a voyant fixe, piquets et autres marques utilises lors de l
l’iinplantation des ouvrages.

29. Preparation !
29.1 Periode de mobilisation
des travaux
La periode de mobilisation est la periode qui court a compter de
J
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l’entree en vigueur du Marche et pendant laquelle, avant l’execution
proprement dite des travaux, 1’Autorite contractante et 1’Entrepreneur

u
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have to make certain preparatory arrangements and draw up certain

documents necessary for the completion of the works, this period, the
duration of which is fixed in the CCAP, is included in the period of
execution.
The Contracting Authority shall make available to the Contractor the
sites necessary for the execution of the work.

29.2 Programme d’execution

Within the time period stipulated in the CCAC, the Contractor shall
submit to the Contracting Authority, for approval, a programme for
the execution of the works which is compatible with the proper
performance of the Contract, taking into account, where applicable,
the presence of subcontractors or other undertakings on the Site. The
Contractor is also required, at the request of the Supervisor, to give
him in writing, for information purposes, a description of the
arrangements and methods which he proposes to adopt for the
execution of the work.
If, at any time, it appears to the Supervisor that the progress of the
works does not correspond to the approved execution programme, the
Contractor shall, at the request of the Supervisor, provide a revised
programme setting out the necessary modifications to ensure the
completion of the works within the execution period.
The programme for the execution of the work shall specify, in
particular, the materials and methods to be used and the schedule for
the execution of the work. The project for site facilities and
temporary works is annexed to this programme. The corresponding
programme will distinguish between materials and equipment which
are to be imported on a temporary basis and which are intended
exclusively for the performance of the work.
The programme for the execution of the works shall be submitted to
the supervisor for approval at least fifteen (15) days before the expiry
of the mobilisation period. This visa in no way relieves PEntrepreneur
of its responsibility to carry out the work within a time frame and
according to a programme compatible with the proper performance of
the Contract. In addition, unless otherwise provided for in the
Contract, the absence of a visa shall not prevent the execution of the
work.

29.3 Safety & Health Plan

If provided for in the CCAC, the measures and provisions listed in

paragraph 32.4 of the CCAG shall be the subject of a safety and
health plan. The provisions of the second and third subparagraphs of
paragraph 2 of this Article shall then apply to that plan.

30. Plans 30.1 Documents provided by the Contractor

d’execution -
Notes de 30.1.1 Unless otherwise provided in the Contract, the Contractor shall
calculs - draw up on the basis of the contract documents the documents
necessary for the execution of the works, such as execution
drawings, notes

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Studies of calculations, detailed studies. To this end, the Contractor shall

Detail places all necessary readings and remains responsible for the
consequences of any measurement error. It must, as the case
may be. establish, verify or complete calculations, in
particular with regard to the stability and resistance of works
and structures. If he finds an error in the basic documents
provided by the Supervisor, he must immediately report this
in writing to the Supervisor.

30.1.2 The execution drawings are marked with the greatest

care and must clearly distinguish between the various types of
works and the qualities of the materials to be used. They must
fully define, in accordance with the Technical Specifications
contained in the Contract, the shapes of the works, the nature
of the facings, the shapes of the parts in all the elements and
assemblies, the reinforcement and their arrangement.

30.1.3 Plans, calculation notes, detailed studies and other

documents drawn up by the contractor or at the discretion of
the contractor shall be submitted to the project manager for
approval, who may also request the presentation of the
preliminary meters. However, if the Contract so provides, all
or part of the documents listed above are only subject to the
approval of the Supervisor.
30.1.4 The Contractor may commence the execution of a
work only after it has received the approval or endorsement of
Maine of the work on the documents necessary for such
execution. These documents are issued in accordance with the
conditions set out in paragraph 5.4.2 of the CCAG, unless
otherwise provided for in the Technical Clauses.

30.1.5 If the Contract provides that the Contracting

Authority or the Supervisor shall provide the Contractor with
the documents necessary for the execution of the works, the
Contractor shall not be liable for the content of such
documents. However, the Contractor has the obligation to
verify, before any execution, that these documents do not
contain errors, omissions or contradictions that are normally
detectable by a person skilled in the art; if he finds any errors,
omissions or contradictions, he must immediately report them
to the Supervisor in writing.
31.
Modifications 31.1 The Contractor may not, of its own accord,
apportees aux make any changes to the technical provisions
dispositions of the Contract. At the request of the
techniques Supervisor by service order and within the
time limit set by this order, he is required to
reconstruct at his own expense the works that
do not comply with the contractual provisions.
However, the Contractor may accept the
changes made by the Contractor and the
following provisions shall then be applied for the settlement of u
fI
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accounts:

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a) if the dimensions or characteristics of the works are greater than those

provided for in the Contract, the metres shall remain based on the
dimensions and characteristics prescribed by the Contract and the
Contractor shall not be entitled to any increase in price; and
b) if they are lower, the metres shall be based on the actual dimensions of
the works, and the prices shall be redetermined in accordance with the
procedures laid down in Article 15 of the CCAG.

32. Installation, 32.1 Installation des chantiers de l’entreprise

organisation,
safety and 32.1.1 L’Entrepreneur se procure, a ses frais et risques, les terrains
hygiene of third dont il peut avoir besoin pour Pinstallation de ses chantiers
parties dans la mesure ou ceux que PAutorite contractante a mis a sa
disposition et compris dans le Site ne sont pas suffisants.

32.1.2 Unless otherwise provided for in the Contract, the Contractor shall
bear all costs relating to the construction and maintenance of the site
facilities, including service roads and service roads to the site which
are not open to public traffic.

32.1.3 If the worksites are easily accessible only by water, in particular in

the case of dredging, or blocking, the contractor shall, unless
otherwise provided for in the Contract, make an armed boat available
free of charge to the Supervisor and his agents, whenever requested
by the latter.

32.1.4 The Contractor shall cause a notice to be posted in the yards and
workshops indicating the Contracting Authority on whose behalf the
Work is being carried out, the name, position and address of the
Supervisor, and such other information as may be required by the
labour laws of the country of the Contracting Authority.

32.1.5 All equipment belonging to PEntrepreneur and its subcontractors, all

temporary works and materials provided by PEntrepreneur and its
subcontractors are deemed, once they are on the Site, to be
exclusively intended for the execution of the work and PEntrepreneur
must not remove them in whole or in part, except for the purpose of
moving them from one part of the Site to another, without the
agreement of the contracting authority. It is understood that this
agreement is not required for vehicles intended to transport
personnel, labour and equipment, rubbish, material or materials of
PEntrepreneur to or from the Site.

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32.2 Excess Spoil Disposal Locations

The Contractor shall procure, at its own expense and risk, such land as it
may require as a place for the deposit of surplus excavated material, in
addition to any sites that the Contractor may make available to it as
permanent or temporary places of deposit. The choice of such land must be
subject to the prior agreement of the project manager, who may refuse the
authorization or make it subject to special provisions to be taken, in
particular for the development of the depots to be set up there, if justified by
reasons of general interest, such as the protection of the environment.

32.3 Administrative Authorizations

The Contracting Authority shall be responsible for issuing to the Contractor

all administrative automations, such as permits for temporary occupation of
public or private property, road permits, building permits necessary for the
execution of works, all formalities relating to expropriation and payment of
compensation to the beneficiaries under this contract.
The Contracting Authority and the
Supervisor shall assist the Contractor, if
requested by the Contractor, to facilitate the
Contractor's obtaining the other
administrative authorizations it may require,
in particular to be able to import and then re-
export in good time, if necessary in
accordance with a suspensive customs and
tax regime, all the material and equipment
exclusively intended for the execution of the
works and to have the necessary locations
for the deposit of the excavated material.
It is recommended that the Contracting
Authority take all possible measures to
ensure that materials and equipment
imported by foreign companies under a
suspensive customs and tax procedure are
returned as soon as the contract has been
completed.

32.4 Safety and hygiene of construction

sites

32.4.1 The Contractor must take all

J
appropriate measures to prevent
accidents on its construction sites, in L.
accordance with the legislation in

J
force, both with regard to personnel
and third parties. He is required to
comply with all regulations and

y
instructions of the competent authority. In particular, it ensures the
lighting and security of its construction sites, as well as their signage,
both interior and exterior. He also ensures, as a child as needed, the
closure of his construction sites.
y
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It must take all necessary precautions to prevent the work from

causing a danger to third parties, in particular to public traffic if it has
not been diverted. Dangerous crossing points, along and through the
lines of communication, must be protected by temporary guardrails or
by any other appropriate device; They must be illuminated and, if
necessary, guarded.
32.4.2 The Contractor shall take the necessary measures to ensure the
hygiene of the site facilities intended for personnel, in particular by
the establishment of road, drinking water supply and sewerage
networks, if the importance of the sites justifies it.
32.4.3 Unless otherwise provided in the Contract, all orderly,
safety and health measures prescribed above shall be the
responsibility of the Contractor.
32.4.4 In the event of non-compliance by the Contractor with the
above requirements and without prejudice to the powers of the
competent authorities, the Supervisor may take the necessary
measures at the Contractor's expense after formal notice has been
given without effect. In the event of an emergency or danger, these
measures may be taken without prior notice. The intervention of the
competent authorities or the Contractor does not relieve the
Contractor of responsibility.

32.5 Construction site signage for public traffic

When the works concern public traffic, the signs for public use must comply
with the relevant regulatory instructions: they shall be carried out under the
supervision of the competent departments by the Contractor, the latter being
responsible for the installation and installation of the signs and signalling
devices, unless otherwise provided for in the Contract and without prejudice
to the application of paragraph 4.4 of this Article.
If the Contract provides for a diversion of traffic, the Contractor shall be
responsible, under the same conditions, for the signage at the ends of the
sections where traffic is interrupted and for the signage of the deviated
routes. The traffic police in the vicinity of construction sites or at the ends of
sections where traffic is interrupted and along deviated routes is the
responsibility of the competent services.
The Contractor must inform the appropriate departments in writing, at least
eight (8) working days in advance, of the date of commencement of the
work, mentioning, if applicable, the mobile nature of the worksite. The
Contractor must, in the same manner and within the same period, inform the
competent departments of the folding or relocation of the site.

32.6Maintenance of communications and drainage

32.6.1 The Contractor shall conduct the work in such a manner as

to maintain communications in suitable conditions

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of any kind crossing the site of the works, in particular those relating
to the movement of persons, as well as the flow of water, subject to
the details given, if necessary, by the CCAP on the conditions under
which restrictions may be placed on these communications and the
flow of water.
32.6.2 In the event of non-compliance by the Contractor with the above
requirements and without prejudice to the powers of the competent
authorities, the Supervisor may take the necessary measures at the
Contractor's expense after formal notice has been given without
effect. In the event of an emergency or danger, these measures may
be taken without prior notice.
32.7 Special requirements for work carried out in the vicinity of
inhabited, frequented or protected places
Without prejudice to the application of the laws and regulations in force,
when the works are carried out in the vicinity of inhabited or frequented
places, or deserving protection for the protection of the environment, the
Contractor must take the necessary measures at its own expense and risk to
reduce, as far as possible, the inconvenience imposed on users and
neighbours, in particular those that can be caused by access difficult.es,
noise from machinery, vibrations, fumes and dust.
32.8 Special requirements for work carried out in the vicinity of cables
or underground telecommunications structures
When, in the course of carrying out the work, the Contractor encounters
markings indicating the route of cables, pipes or underground structures, the
Contractor shall keep these markers in their place or replace them if the
execution of the work has necessitated their temporary removal. These
operations require the prior authorization of the project manager.
The Contractor shall be responsible for the retention, relocation and
replacement, as the case may be, of the cables, pipes and works specified by
the Contracting Authority in the Contract and shall bear the costs thereof.
Where the presence of cables, pipes or installations has not been mentioned
in the Contract, but is indicated by markers or indices, the Contractor shall
have a general duty of care and obligations similar to those set out above
with regard to the retention, relocation and reinstallation. In such a case, the
Contracting Authority shall indemnify the Contracting Authority for the
costs of such work, to the extent that such work is necessary to
1'performance of the Contract. J

32.9Demolition de constructions
• •' Y- •. LI
32.9.1 The Contractor may only demolish structures located on the site
right-of-way after making a request to the
Supervisor fifteen (15) days in advance, failure to respond within
this period shall be deemed to constitute authorisation.
32.9.2 Except as otherwise provided in the Contract, and subject to the
provisions of Article 32.2 above, the Contractor shall not be
required to take any special precaution in the storage of materials
and products resulting from demolition or dismantling, nor shall the
Contractor be required to sort them for reuse. do not block the
construction site's involution .

32.10 Use of explosives

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32.10.1 Subject to any restrictions or prohibitions stipulated in the Contract,

the Contractor shall take all necessary precautions, in accordance
with the legislation in force, to ensure that the use of explosives
does not present any danger to the environment, personnel or third
parties, and does not cause any damage to neighbouring property
and works or to the works covered by the Contract.
32.10.2 During the entire duration of the work, and in particular after the
mines have been fired, the contractor, without being relieved of the
liability provided for in paragraph 10.1 of this Article, shall
frequently visit the embankments of the excavated material and the
upper ground in order to remove any parts of the rocks or other
areas which may have been shaken directly or indirectly by the
firing of the mines in accordance with the regulations in force.

33 Gear 33.1 If the Contract indicates that the work site may contain
explosives of unexploded ordnance of war, PEntrepreneur applies the measures
war special prospecting and security regulations issued by the
In any event, if an engine of war is discovered or spotted, the contractor
must:

a) suspend work in the vicinity and prohibit all traffic by means of

fences, signs, beacons, etc.;
b) immediately inform the supervisor and the authority responsible for
the removal of unexploded ordnance; and
c) Work shall not be resumed until it has been authorized by an
administrative order.

33.2 In the event of an accidental explosion of a war device, the

contractor shall immediately inform the Supervisor and the competent
administrative authorities and take the measures set out in subparagraphs (a)
and (c) of paragraph 1 of this Article.

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33.3 The justified expenses incurred by the

provisions of this Article shall not be borne
34 Materiaux, by the Contractor.
objets et 34.1 The Contractor has no right to
vestiges materials and objects of any kind found on
trouves sur construction sites during work, in particular
les chantiers in excavations or demolitions, but is entitled
to be compensated if the Client asks him to
extract or preserve them with special care.
34.2 When the work brings to light objects
or remains that may be of an artistic,
archaeological or historical nature, the
Contractor must report this to the
Supervisor and make any necessary
declarations. Without prejudice to any
applicable laws or regulations, the
Contractor shall not move such objects or
remains without the permission of the
Contracting Authority. It must be placed on
those which have been accidentally
detached from the ground.
34.3 When the work uncovers human
remains, the Contractor shall immediately
inform the competent authority in whose
territory the discovery was made and shall
report thereon to the Supervisor.
35 Degradations 34.4 In the cases provided for in
causees aux paragraphs 2 and 3 of this Article, the
voies Contractor shall be entitled to be
publiques compensated for justified expenses incurred
as a result of such findings.

35.1 The Contractor shall use all

reasonable means to prevent any roads or
bridges communicating with or on the
routes leading to the Site from being
damaged or deteriorated by the traffic of the Contractor's or any of its
subcontractors' vehicles and machinery; in particular; it shall select
suitable routes and vehicles, limit and distribute loads in such a way
that any exceptional traffic resulting from the movement of equipment,
junk, materials and materials of the Contractor and its subcontractors J
to or from the Site is as limited as possible and that these roads and
bridges do not suffer any unnecessary damage or deterioration.
35.2 Except as otherwise provided in the Contract, the Contractor J
shall be responsible for and shall cause to be carried out at its own
expense any reinforcement of the bridges or alteration or improvement
J
a
of the roads communicating with or on the routes leading to the Site
which would facilitate the transportation of the equipment, filth,
materials and materials of the Contractor and its subcontractors and the
Contractor shall indemnify the Contracting Authority against any
claims relating to damage to such roads or bridges by such carriage,
L
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including claims directly addressed to the Contracting Authority.

35.3 In any case, if such transport or circulation is carried out in
contravention of the provisions of the Highway Code or of the orders or
decisions taken by the competent authorities, affecting the

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conservation of public roads, the

Contractor shall bear the sole burden of
contributions or repairs.
36 Dommages
divers causes 36.1 The Contractor shall be
par la financially liable to the Contracting
conduite des Authority for damage to persons and
travaux ou les property caused by the conduct of the
modalites de work or the manner in which it is carried
leur execution out, unless it establishes that such
conduct or manner is necessarily the
result of the provisions of the Contract
or the requirements of the Office Order,
or unless the Contracting Authority is
37 Enlevement du sued by the third party who is the victim
materiel et des of such damage, was convicted without
materiaux having summoned the Contractor in
sans emploi Guarantee before the court seised. The
provisions of this Article shall not
preclude the application of the
provisions of Article 35 of the CCAG.

37.1 As the work progresses, the

Contractor shall clear, clean and
rehabilitate the sites made available to it
by the Contracting Authority for the
performance of the work. He must take
all measures to avoid unnecessarily
cluttering the Site and, in particular, to
remove all equipment, junk, material
and materials that are no longer
necessary.

37.2 In the event of non-

compliance with all or part of these
38 Essais et requirements, after an administrative
controle des order remains ineffective and formal
ouvrages notice has been given by the Contracting
Authority, the equipment, installations,
materials, rubble and waste not removed
39 Vices de may, at the end of a period of thirty (30)
construction days after the formal notice, be
transported ex officio, depending on
their nature, or in storage, either to the
public dump, at the Contractor's risk and
expense, or to be sold at public auction.

37.3 The measures set out in

paragraph 2 of this Article shall be
applied without prejudice to any special
penalties that may have been stipulated
in the Contract against the Contractor.

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38.1 The Contractor shall be responsible for the testing and inspection of
the works, when defined in the Contract. If the Supervisor prescribes
further tests or inspections for the works, they shall be the responsibility
of the Contracting Authority.

39.1 When the Supervisor presumes that there is a construction defect in

a structure, he may, until the expiry of the warranty period, prescribe by
service order the measures likely to enable this defect to be detected.
These measures may include, where appropriate, the partial or total
demolition of the structure. The Contractor may also carry out these
measures himself or have them carried out by a third party, but the
operations must be carried out in the presence of the Contractor or duly
summoned to him.

39.2 If a construction defect is found, the expenses corresponding to the

restoration of the entire structure or its compliance with the rules of the art
and the stipulations of the

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The contractor, as well as any expenditure resulting from any operations

which have made it possible to bring to light the defect, shall be borne by
the contractor without prejudice to the compensation to which the
Contracting Authority may then be entitled.
If no construction defect is found, the Contractor shall be reimbursed for
the expenses defined in the preceding
40 Documents paragraph, if he has incurred them.
fournis apres 40.1 Unless otherwise provided in the
execution Contract and independently of the documents
which he is required to produce before or
during the execution of the works pursuant to
Article 30.1 of the CCAG, the Contractor
shall submit to the Supervisor, in three (3)
copies, one of which shall be on the subject:
(a) at the latest, when requesting acceptance:
the operating and maintenance
instructions for the structures drawn up
in accordance with the requirements and
recommendations of the international
standards in force and in accordance with
the applicable regulations; and
(b) within sixty (60) days of receipt: drawings
and other documents conforming to
41 Reception form, folded in standard A4 format.
provisoire
E. Reception and Guarantees
41.1 The purpose of provisional acceptance is to control and ensure that
the works comply with all the obligations of the Contract and, in particular,
with the Technical Specifications. If the CCAP so provides, acceptance
may be pronounced by phase of work, it being specified that, in this case,
it is the acceptance of the last phase which will take the place of
provisional acceptance of works within the meaning of this Contract.
Preliminary provisional approval operations require the establishment of a
type-approval committee in accordance with the provisions of the national
public procurement regulations of the country of the Contracting
Authority.
The Contractor shall notify both the Contracting Authority and the
Supervisor, in writing, of the date on which it is satisfied that the Work has
been completed or will be completed.
The Contractor shall, the Contractor having been summoned, carry out the
operations prior to the acceptance of the works within a period which,
unless otherwise provided in the CCAP, shall be twenty (20) days from
the date of receipt of the notice mentioned above or from the date indicated
in this notice for the completion of the work, whichever is later.

The Contracting Authority, notified by the Supervisor of the date of

such operations, may attend or be represented. The minutes provided for
in paragraph 2 of this Article shall mention either the presence of

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of the representative of the Contracting Authority, or, in his absence, the

fact that the Supervisor had duly notified.
In the event that the Contractor is absent from these operations, this shall be
mentioned in the said report and the report shall then be notified to him.

41.2 Pre-acceptance operations include:

a) recognition of the works carried out;
b) any tests scheduled by the CCAP;
c) the eventual determination of non-performance of the services
provided for in the Contract;
d) the possible observation of imperfections or defects;
e) the recording of the folding of site facilities and the restoration of land
and sites, unless otherwise stipulated in the CCAP, provided for in
paragraph 1.1 of Article 20 of the CCAG; and
f) findings related to the completion of the work.

These operations shall be the subject of a report drawn up on the spot by the
Supervisor and signed by him and by the Contractor; if the latter refuses to
sign it; It is mentioned.
Within fifteen (15) days of the date of the report, the Supervisor shall
inform the Contractor whether or not it has proposed to the Contracting
Authority that the Works be provisionally accepted and, if so, the date of
completion of the Work proposed by the Contractor and any reservations
that the Contractor has proposed to attach to the acceptance. In this case, the
entrepreneur may refer the matter to the Regulatory Authority for an
amicable settlement.

41.3 In the light of the minutes of the operations prior to provisional

acceptance and the proposals of the supervisor, the Contracting Authority
shall decide whether or not provisional acceptance shall be pronounced or
whether it shall be declared with reservations. If it pronounces acceptance, it
fixes the date it chooses for the completion of the work. The decision so
taken shall be notified to the Contractor within forty-five (45) days of the
date of the notice.
In the absence of a decision by the Contracting Authority notified within the
period specified above, the proposals of the Supervisor shall be deemed to
have been accepted.
Acceptance, if pronounced or deemed to have been pronounced, shall take
effect on the date fixed for the completion of the work.

41.4 If it appears that certain services provided for in the Contract and still
to be paid have not been performed, the Contracting Authority may
decide to grant provisional acceptance, provided that the Contractor
undertakes to perform these services within the scope of the contract.

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a period not exceeding three (3) months. The declaration of the

performance of these services must give rise to a report drawn up
under the same conditions as the report of operations prior to
acceptance.

41.5Where provisional acceptance is subject to reservations, the

Contractor shall remedy the corresponding defects and defects
within the time limit set by the Contracting Authority or, in the
absence of such a period, three (3) months prior to final
acceptance.

In the event that such work is not carried out within the prescribed
period, the Contracting Authority may cause it to be carried out at the
expense and risk of the Contractor.

41.6.Si certain works or parts of works do not fully conform to the

specifications of the Contract, without the defects found being of
such a nature as to affect the safety, behaviour or usability of the
works, the Contracting Authority may, having regard to the small
extent of the defects and the difficulties involved in bringing
them into compliance, waive the right to order the repair of the
works deemed defective and propose to the Contractor a
reduction in prices.

If the Contractor accepts the refaction, the imperfections that gave

rise to it are covered by this fact and the acceptance is pronounced
without reservation.

Otherwise, the Contractor remains obliged to repair these defects,

acceptance being subject to their repair.

41.7Any taking possession of the works by the contracting authority

must be preceded by their acceptance. However, if there is an
emergency, possession may be taken before acceptance, subject
to the prior establishment of a contradictory inventory of
fixtures.

41.8Provisional acceptance entails the transfer of ownership and risk

to the contracting authority and constitutes the starting point of
the contractual guarantee obligation under the provisions of
Article 44 of the CCAG.

41.9 At the end of the provisional acceptance, the contractor shall

clear and remove all its equipment, junk, materials and surplus
materials, as well as all rubbish and temporary works of any
kind, and leave the site and works clean and in good working
order. It is, however, understood that the Contractor is authorized
to keep on the Site, until the end of the warranty period, all 6
equipment, foumitures, materials,

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temporary materials and structures required to meet its

obligations during the warranty period.
42 Reception 42.1 Unless otherwise provided in the CCAP, final
definitive acceptance will be issued one (1) year after the date of the
provisional acceptance report. During this period, the
Contractor is bound by the contractual guarantee obligation
more fully described in Article 44 of the CCAG.

In addition, no later than ten (10) months after provisional

acceptance, the Contractor shall send to the Contractor detailed
lists of defects identified, with the exception of those resulting
from normal wear and tear, abuse of use or damage caused by
third parties.

The Contractor will have a period of two (2) months to remedy

this in accordance with the conditions of the Contract. He will
send the lists of defects to the project manager, supplemented by
the details of the work carried out.

The Contracting Authority shall then, after verifying that the

work has been properly verified and within this two (2) month
period, issue the final acceptance report of the work.

42.2If the contractor fails to remedy the defects within the time
limit, final acceptance will not be pronounced until the
relevant work has been completed. In the event that such
work is still not carried out two (2) months after the end of
the contractual guarantee period, the Contracting Authority
shall nevertheless pronounce final acceptance to Tissue of
this period while having the work carried out by any
company of its choice at the expense and risk of the
Contractor. In such a case, the performance bond referred to
in Article 7.1.1 shall remain in effect until the Contracting
Authority has been fully discharged by the Contractor.

42.3Final acceptance shall mark the end of the performance of

this Contract and shall release the Contracting Parties from
43 Mise a their obligations.
disposition de
certains 43.1This Article shall apply where the Contract, or an Office
ouvrages ou Order, directs the Contractor to place for a certain period of
parties d’ time certain works, or parts of works, not yet completed, at
ouvrages the disposal of the Contracting Authority and without the
latter taking possession thereof, in particular to enable it to
carry out, or cause to be carried out by other contractors,
works other than those which are the subject of the Contract.

43.2Before these works or parts of works are made available, an

inventory of fixtures shall be drawn up between the
Supervisor and the Contractor.

The Contractor shall have the right to monitor the works not included in its Contract which
concern the works or parts of works so put to work.
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the provision of the Contracting Authority. It may make reservations if it considers that the
characteristics of the works do not permit such work or that the work is likely to deteriorate
it. These reservations must be justified in writing and addressed to the Supervisor.

When the period of availability is over, a new contradictory inventory is drawn up.

43.3Subject to the consequences of any wrongdoing attributable to the Contractor, the

Contractor shall not be liable for the custody of the Works or parts of Works for the
entire period during which they are at the disposal of the Contracting Authority.

44 Garanties 44.1 Delai de

contractuelle garantie
s Le dclai de garantie est. sauf stipulation contraire du Marche egal a la
duree comprise entre la reception provisoire et la reception definitive.
Pendant le delai de garantie, independamment des obligations qui
peuvent resulter pour lui de l’application de 1’Article 42 du CCAG,
l’Entrepreneur est tenu a une obligation dite “obligation de parfait
achievement” au titre de laquelle il doit, a ses ffais :
a) executer les travaux ou prestations eventuels de finition ou de
reprise prevus aux paragraphes 4 et 5 de 1’Article 41 du CCAG;
b) remedier a tous les desordres signales par I’Autorite contractante
ou le Maitre d’CEuvre, de telle sorte que l’ouvrage soit
conforme a I’etat ou il etait lors de la reception ou apres
correction des imperfections constatees lors de celle-ci;
e) proceder, le cas echeant, aux travaux confortatifs ou modificatifs
juges necessaires par le Maitre d’CEuvre et presentes par lui au
cours de la periode de garantie ; et
d) remettre au Maitre d’CEuvre les plans des ouvrages confonnes a
l’execution dans les conditions precisees a PArticle 40 du

CCAG
.
Les depenses correspondant aux travaux complementaires presents par
1’Autorite contractante ou le Maitre d’CEuvre ayant pour objet de
remedier aux ddficiences enoncees aux alineas b) et c) ci-dessus ne
sont a la charge de l’Entrepreneur que si la cause de ces deficiences lui
est imputable.
L’obligation pour l’Entrepreneur de realiser ces travaux de parfait
achievement a ses frais ne s’etend pas aux travaux necessaires pour
remedier aux effets de l’usage ou de Ensure normale, etant precise que
la proprete et l’entretien courant incombent a l’Autorite contractante.

A l’expiration du delai de garantie, l’Entrepreneur est degage de ses

obligations contractuelles, a l’exception de celles qui sont
mentionnees au paragraphe 2 du present Article et la garantie prevue a
1’Article
U
u
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7.2.2 of the CCAG shall expire by operation of law except as provided
in Article 42.2 of the CCAG.

44.2 Guarantees for private individuals

The foregoing provisions shall not preclude the CCAP from defining,
for certain works or certain categories of works, specific guarantees
extending beyond the warranty period set out in paragraph 1 of this
Article. The existence of these special safeguards does not have the
effect of delaying the release of security rights beyond final
acceptance.
45 Garantie legale 45.1. Pursuant to the regulations in force, the Contractor shall be liable
by operation of law for ten (10) years to the Contracting Authority,
from the date of provisional acceptance, for damage, even resulting
from a defect in the soil, which compromises the solidity of the
work or affects it in one of its constituent elements or one of its
elements of equipment rendering it unfit for its intended purpose.
In order to be exonerated from liability under this Article, the
Contractor must prove that the damage originated from a cause
beyond its control.

F. Termination of the Contract - Interruption of Work

46 Termination of 46.1.11 may be terminated from the work that is the subject of the
Walking Progress before the achievement of the latter, by a decision of the
termination of the Contract, which sets the effective date of the
Contract.

The settlement of the Contract shall then be made in accordance with

the terms and conditions set out in paragraphs 3 and 4 of Article 14 of
the CCAG, subject to the other provisions of this Article.
46.2. Any contract obtained or renewed by means of fraudulent
practices or acts of corruption, or in the course of the performance of which
fraudulent practices and acts of corruption have been perpetrated is void.

Where such acts of fraud or corruption have been established after the
approval of a contract, the penalty imposed may be accompanied by the
termination of the current contract or the substitution of another undertaking
at the risk and peril of the sanctioned offender.
Except in the cases of termination for fault and those provided for in
Articles 47 and 49 of the CCAG, the Contractor is entitled to be
compensated, if applicable, for the damage he suffers as a result of this
decision. To this end, he must submit a written request, with justification,
within forty-five (45) days from the date of notification of the general
statement.

46.4. In the event of termination, the Contractor or his successors, curator

or trustee, shall be duly summoned, to make the findings relating to the
works and parts of works carried out, to the inventory of materials

octobre 2023
Projet de renforccment du Reseau National Interconnect^ (PR-RN1) SOh'ABEL
DAO pour la construction de postes 90 kV SECTION VIII : CAHIER DES CLAUSES ADMINISTRATIVES GENERALES
as well as the descriptive inventory of construction equipment and
facilities. Minutes of these operations shall be drawn up.
46.5. The drawing up of these minutes shall include provisional acceptance
of the works and parts of works carried out, with effect from the effective
date of the termination, both for the starting point of the guarantee period
defined in Article 44 of the CCAG and for the starting point of the period
provided for the final settlement of the Contract in paragraph 3.2 of Article
14 of the CCAG. In addition, the provisions of paragraph 8 of Article 41 of
the CCAG shall apply.
46.6. Within ten (10) days of the date of these minutes, the Contracting
Authority shall determine the measures to be taken prior to the closure of
the work site to ensure the conservation and safety of the works or parts of
works carried out. These measures may include the demolition of certain
parts of structures.
If the Contractor fails to carry out these measures within the prescribed
period! by the Contracting Authority, the Supervisor shall cause them to be
carried out ex officio.
Except in the cases of termination provided for in Articles 47 and 49 of the
CCAG, these measures are not the responsibility of the Contractor.
46.7. The Contracting Authority shall have the right to repurchase, in
whole or in part, the provisional works necessary for the performance of
the Contract, as well as the materials supplied, to the extent that it needs
them for the work.
11 also has the right, for the continuation of the work, either to buy back or
to keep at its disposal equipment specially constructed for the performance
of the Contract.
. . ' . In the event of the application of the two preceding
paragraphs, the redemption price of the
temporary works and equipment is equal to the undepreciated portion of their
value. If the equipment is kept available, its rental price is
determined on the basis of the undepreciated portion of its value.

The materials supplied shall be repurchased at market prices or, failing that,
at those resulting from the application of Article 15 of the CCAG.

46.8. The Contractor is obliged to vacate the premises within the period set
by the Contractor.
47 Deces, 47.1In the event of judicial settlement or
incapacity, liquidation of the Contractor's assets, the
reglement Contract shall be terminated, unless,
judiciaire ou within the period following the court
liquidation des decision, the competent authority
biens de decides to continue with the
PEntrepreneur performance of the Contract. J
The termination, if pronounced, shall take effect on the date of the
trustee's decision to waive the continuation of the performance of the y
Contract or to
0

octobre 2023
Projet de renforcemenl du Reseau National interconnect (PR-RN1) SONABEL
DAO pour la construction de postes 90 kV SECTION VIII: CAHIER DES CLAUSES ADM1NISTRATIVES GENERALES
Expiry of the one (1) month period above. It does not entitle
PEntrepreneur to any compensation.

47.2In the cases of termination provided for in this Article, for the
application of the provisions of paragraphs 3 and 4 of Article 46
of the CCAG, the competent authority shall be substituted for the
Contractor.
48 Ajournement 48.The adjournment of proceedings may be decided by the
des travaux Contracting Authority. In accordance with the procedures set out
in Article 13 of the CCAG, the works and parts of works carried
out and the materials supplied shall be ascertained.

IP Contractor who retains custody of the site is entitled to be

compensated for the costs imposed on him by this custody and for
any damage he may have suffered as a result of Pajoumement.

An allowance for waiting for the resumption of work may be fixed

under the same conditions as the new prices, in accordance with the
procedures laid down in Article 15 of the CCAG.

48.2If, as a result of one or more successive additions, the work has

been interrupted for more than three (3) months, the Contractor
shall have the right to obtain the termination of the Contract,
unless, having been informed in writing of a period of
amendment leading to the exceeding of the three (3) month
period indicated above, it has not, within fifteen (15) days,
request termination.

48.3In the event that a deposit has not been paid, the Contractor, sixty
(60) days after the deadline set in paragraph 2.3 of Article 14 of
the CCAG for the payment of such deposit, may, by registered
letter with acknowledgement of receipt addressed to the
Contracting Authority, give notice of its intention to suspend the
work at the end of a period of fifteen (15) days. If, within this
period, Pacompte has not been mandated, the Contractor may
suspend the continuation of the work and decide to terminate the
Contract for non-payment three (3) months after the formal
notice referred to above.

G. Mesures coercitives Dispute and Dispute Resolution - Entry into Force -

49 Mesures 49.1With the exception of the cases provided for in paragraph 2

coercitive of Article 16, where the Contractor fails to comply with the
s provisions of the Contract or with the Service Orders, the
Contracting Authority shall give notice to the contractor to
comply with the provisions of the Contract within a
specified period by a decision notified to it in writing. This
period, except in cases of urgency, shall not be less than
fifteen (15) days from the date of notification of the formal
notice.

octobre 2023
Projet de renforccmcrn. du Roseau National Interconnecte (PR-RNI) SOE’ABEL
DAO pour la construction de postcs 90 kV SECTION VIII : CAHIER DES CLAUSES ADM1NISTRATIVES GENERALES
49.2If the Contractor has not complied with the formal notice,
the Contract may be terminated.

49.3 Termination of the Contract pursuant to this Article may be

either simple or at the expense and risk of the Contractor.

49.4 In the event of termination at the expense and risk of the

Contractor, a Contract may be entered into with another
Contractor for the performance of the work. By way of
exception to the provisions of paragraph 4.2 of Article 14,
the Contractor shall not be notified of the general statement
of account for the termination of the Contract until the new
Contract for the performance of the works has been
definitively settled.

In the case of a new contract at the expense and risk of the

Contractor, the Contractor shall be authorized to monitor
the execution of the contract without being able to interfere
with the orders of the Supervisor and his representatives.
Any excess expenditure resulting from the new contract
shall be borne by the Contractor. They shall be deducted
from the sums which may be due to him or, failing that,
from his guarantees, without prejudice to the rights to be
exercised against him in the event of insufficiency.

49.5 In the case of a Contract with Group Contractors, if the

common agent fails to comply with its obligations as
representative and coordinator of the other Contractors, it
shall be given formal notice to comply with those
obligations in accordance with the terms and conditions set
out in paragraph 1 of this Article.

If this formal notice remains unenforced, the Contracting Authority

shall invite the grouped contractors to appoint another agent within
one (1) month. The new agent, once approved by the Contracting
Authority, is then substituted for the old agent in all his rights and
obligations.

In the absence of such designation, the Contracting Authority shall

select a natural or legal person to coordinate the action of the various
contractors combined. The defaulting trustee remains jointly and
severally liable for the other contractors and bears the expenses of the
new coordinator's intervention.
J
50 Reglement des 50.1Intervention by Contracting Authority
differends
If a dispute arises between the Supervisor and
the Contractor, in the form of reservations to
an Office Order or in any other form, the
Contractor shall submit to the Contractor, for
transmission to the Contracting Authority, a
memorandum setting out the reasons and the amounts of its claims.

octobre 2023
Prqjcl de renforcemeni du Reseau National Interconnecte (PR-RNI) SONABEL
DAO pour la construction de postes 90 kV SECTION VIII : CAHIER DES CLAUSES ADMIN1STRATIVES GENEKALES

octobre 2023
Projet de renforcemeat du Roseau National Interconnect^ (PR-RN1) SONABEL
DAO pour la construction de postes 90 kV SECTION VIII : CAHIER DES CLAUSES ADM1NISTRATIVES GENERALES

The Contracting Authority and the Contractor shall use their best
efforts to settle amicably, by direct and informal negotiation, any
dispute between them or in connection with the Contract.
In the absence of a satisfactory reply <received within fifteen (15) days
from the date of receipt by the Employer of the Contractor's letter or
memorandum, the Contractor shall have fifteen (15) days to submit to
the Conciliator the dispute relating to its claim or the response thereto
made by the Contractor.

50.2 Intervention of the Conciliator

50.2.1 The Conciliator shall make his decision within thirty (30)
days of the presentation of the dispute made to him.
50.2.2 The Conciliator shall be paid by the hour at the rate
specified in the Deed of Engagement for this purpose, and
the cost shall be equally divided between the Employer and
the Contractor, regardless of the Conciliator's decision.
Either party may notify the other party of its intention to
submit the Conciliator's decision to arbitration in accordance
with paragraph 3 below within thirty (30) days of the
Conciliator's decision. If neither party notifies the other party
within this period, the decision taken by the Conciliator
becomes final and enforceable.
50.2.3 In the event of the resignation or death of the Conciliator, or
if the Employer and the Contractor agree that the Conciliator
is not performing his duties in accordance with the
provisions of the Contract, a new Conciliator shall be
appointed jointly by the Employer and the Contractor or, if
both parties do not reach an agreement within thirty (30)
days, by the Designating Authority appearing in the CCAP,
at the request of one of the parties involved, and then
nominated jointly by the Employer and the Contractor.

50.3 Use of Alternative Dispute Resolution

50.3.1 The Employer and the Contractor may have recourse to the
Dispute Resolution Committee located at the Public Procurement
Regulatory Authority. This appeal does not have suspensive effect on
the performance of the contract.

50.3.2 Notwithstanding the above-mentioned provisions, in the event

of disputes between the contracting parties arising either in the course
of performance or after the completion of the services provided for in
the contract, or relating to the interpretation and application of the
substantive provisions of this tender documents, they shall have the
right to submit their disputes either to national arbitration or to
international arbitration.

•' ,’tr.i r’.V'.'v’un octobre 2023

Prqjcl de renforcemeni du Reseau National Interconnecte (PR-RNI) SONABEL
DAO pour la construction de postes 90 kV SECTION VIII : CAHIER DES CLAUSES ADMIN1STRATIVES GENEKALES

50.3.3 This option, both at the national and international levels, must
be exercised in accordance with the Uniform Act on the Law of
Arbitration adopted on 11 March 1999 and adopted pursuant to the
OHADA Treaty or the UNCITRAL Model Law on International
Commercial Arbitration of 21 June 1985 or the 1958 New York
Convention on the Recognition and Enforcement of Arbitral Awards

50.4 Litigation

50.4.1 If the parties have not been able to resolve their dispute at the
end of the day,
1' amicably, the dispute shall be submitted to the competent
court at the initiative of the Contracting Authority or the
Contractor, subject to the provisions of the CCAP.
50.4.2 Notwithstanding any reference to the title of the litigation
remedy, the parties shall continue to perform their respective
contractual obligations, unless they mutually agree otherwise,
and the Contracting Authority shall pay to the Contractor any
amount due to it.
51 Law 51.3 Droit applicable
applicable and
change in the En l’absence de disposition figurant au CCAP, le droit applicable pour
reglementation 1’interpretation et [’execution du present Marche est le droit applicable
dans le pays de 1’autorite contractante.

51.4 Change in regulations

51.4.1 With the exception of changes in laws or rules which have the
effect of disrupting the economy of the contractual relations and
which result in a manifest loss for the Contractor and which are
unforeseeable on the date of submission of the tender, only
changes in the country of the contracting authority may be
taken into account in modifying the financial terms of the
Contract.
51.4.2 In the event of a change in the regulations in force in the
country of the Contracting Authority of a mandatory nature,
with the exception of amendments to tax or similar laws
governed by Article 11.5 of the CCAG, which shall result in an
increase or reduction for the Contractor in the cost of
performing the work not covered by the other provisions of the
Contract and which is at least equal to one (1) per cent of the
Amount of the Contract, an amendment will be entered into
J
between the parties to increase or decrease, as the case may be,
the Contract Amount. In the event that the parties are unable to J
agree on the terms of the amendment within three (3) months of
the proposed amendment sent by one party to the other, the
provisions of Article 50.1 of the CCAG shall apply. y
yu.
octobre 2023
 Projct dc renforcement du Reseau National Interconnecte (PR-RN1) SONABEL
DAO pour la construction de postes 90 kV SECTION VIII : CAHIER DES CLAUSES A DM IN I STRATI VES GENERALES

52 Entree en 52.1 The entry into force of the Contract is subject to the fulfilment of
vigueur du the following conditions specified in the CCAC:
Marche
a) 1'approval by the competent authorities;
b) notification of the service order to start the work;
c) the establishment of the financing of the Market;
d) the establishment of guarantees to be produced by the
Contractor;
e) the payment of the advance provided for in Article 12.5 of
the CCAG; and
f) the provision of the site by the Project Manager to the
Contractor.

52.2 Minutes will be drawn up and signed by the parties as soon as the
conditions mentioned above are met. The effective date of the
Contract is the date on which these minutes are signed.

52.3 If the Contract does not come into force within three (3) days of
the date of the Award Notification Letter, each party shall
terminate the Contract for failure to come into force.

octobre 2023
I
Projet de renforccment du Reseau National Interconnects (PR-RN1) SONABEL
DAO pour la construction de postcs 90 kV SECTION V I I : CAH1ER DES CLAUSES ADMINISTKAT1VES PARTICULIERES

Section VII. Administrative Clauses

_____particulieres
'n
4 .I
. * I
. n
. •i
i

J
He

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octobre 2023
 Projet de renforccment du Reseau National Interconnects (PR-RN1) SONABEL
DAO pour la construction de postcs 90 kV SECTION V I I : CAH1ER DES CLAUSES ADMINISTKAT1VES PARTICULIERES

Special Administrative Clauses

The following Special Administrative Clauses (SACs) complement the General Administrative Clauses (GACs). In
all cases where the provisions conflict with each other, the provisions hereunder shall prevail over those of the
General Administrative Clauses . The number of the Generate Clause to which a particular Clause refers is
indicated in parentheses.
Conditions Article Disposition
Designation of 4.1.1
stakeholders The Auto rite contractante : Société Nationale
Electricity of Burkina Faso (SONABEL)
Country of Contracting Authority: Burkina Faso
Person responsible for the Contract: Brahima
OUATTARA
Delegated Contracting Authority (if applicable):
Project manager: Société Nationale d'Electricité du
Burkina (SONABEL)
4.2.2
Tenderers may be natural persons, legal persons or
any combination of them with a formal intention to
enter into a grouping agreement or having entered into
such a grouping agreement. The group is supportive.
Bidders must provide such documentation as the
Contracting Authority may reasonably require,
establishing to the satisfaction of the Contracting
Authority that they continue to be eligible to compete.
In any case, the implementation of the rules relating to
groupings must comply with Articles 40 and 41 of
Decree No. 2017-0049/PRES/PM/MINEFID of 1
February 2017 on procedures for the award, execution
and settlement of public contracts and public service
delegations.

Contract documents - The letter of submission conforming to the

standard model in Section III, signed and

- ^ ♦ '* r / -
-
concealed ;

Price and quantity schedules ;

/ It,
r1
L :
- F r o m
- The detailed description of the execution
Q 5
t/>- /& 3 2 schedule proposed by the Candidate
Has

r) - Curricula vitae and work certificates prepared

J: R & F
by employers to substantiate the experience of
key personnel

octobre 2023
Conditions : Article Disposition
- The original of the bidder's bid bond, in the
form of a bank guarantee and valid for 150
days;

- Technical approvals
- Test certificates;
- Manufacturers' authorisations

5.2 (h) Breakdown of package prices and sub-detailed unit 1

prices are part of the contract documents.
n
_____M
.. ------------------ --- —— The other parts that are part of the market are: ~ 1 ".
5.2 (1)
None
6.8 The deadline for submitting the detailed quarterly
Estimation some
estimate of financial commitments is two weeks
Financial commitments of i
before the start of each quarter.
PAutorite
Contractor
Guarantees 7.1.1
The performance bond will be 5% of the excl. VAT
amount of the contract.
Retention 7.2.1 The retention fee will be 5% of the pre-tax amount of
the contract.
Insurance 7.3.1
The following insurance policies are required under : | Li
this Contract for the minimum amounts specified in
7.3.2 and 7.3.4
The Employer shall be named as co-insured in all
insurance policies taken out by the Contractor under
Clause 7.3.1 of the CCAG, except for the Employer's
f WA ' Workers' Compensation Insurance and the ■j
Employer's Liability Insurance. In addition,
PEntrepreneur's subcontractors will have to ,1
be named as co-insured in all insurance policies J
entered into by PEntrepreneur under Clause 7.3.1 of
the CCAG, except for Freight in Transit Insurance,
Workers' Compensation Insurance and Employer's
Liability Insurance. In addition, insurers will be
Li
required to waive all rights of subrogation to such co-
insureds under such policies for any loss or damage li
resulting from the performance of the Contract.
The Employer shall have no obligation whatsoever to
subscribe to his charge
U
y
Projet de renforccment du Reseau National Interconnects (PR-RN1) SONABEL
DAO pour la construction de postcs 90 kV SECTION V I I : CAH1ER DES CLAUSES ADMINISTKAT1VES PARTICULIERES

octobre 2023
 Conditions Article Disposition
and maintain any assurance in connection with the
Project during the performance of the Contract.
7.3.2
- Insurance against risks caused to third parties:
amount for bodily injury: fifty million (50,000,000)
CFA francs;
■S amount for material damage, per event: five
hundred million (500,000,000) FCFA
- Occupational Accident Insurance: Occupational
accidents are governed by the social security
system in force in Burkina Faso.]
- "All risks on the construction site" insurance:
cinq cents millions (500 000 000) FCFA
- Ten-year liability insurance:
cinq cents millions (500 000 000) FCFA
7.3.5
- insurance covering decennial liability: Construction
elements for which such insurance is required: 1 all
the Works covered by the Contract.
The insurer must require a technical inspection of the
works carried out by a professional inspection body, at
the expense of the Contractor.
This insurance must be put in place at the beginning
of the performance of the contract.

Content of the prizes 1L1.1

The Market is at unit prices.

The price of the Contract is for all the Works on the
basis of a "single liability", so that the total amount
covers all the obligations of the Contractor mentioned
s' " .*' v
J

in or arising from the Tender Documents, with regard

Ji

//.■ • to the design, manufacture, including the award of

contracts and subcontracting if applicable, the
construction, assembly, and implementation of the

If) installations. Also included are the obligations of the

Contractor with respect to warranty testing,
provisional and operational commissioning of the
W works, and where required by the Call for Proposals
Documents, obtaining all permits, approvals, licences,
etc. ; as well as the provision of services relating to
operation, maintenance, training, and any other
provision or service indicated in the Tender
Documents, in accordance with the provisions of the
General Administrative Clauses. Items for which no
price has been paid by the Bidder shall not be paid by
the Employer when they are carried out and
 Projet de renJorcement du Reseau National lnterconnecte (PR-RN1) SON A BEL
DAO pour la construction de posies 90 k V SECTION Vll : CAHIER DES CLAUSES ADMIN1STRATIVES PARTICUL1ERES

Conditions Article Disposition

seront consideres cornme inclus dans les prix
d’autres postes.
Le Montant du Marche resultant du Detail
quantitatif et estimatif et calcule dans les conditions
prevues a l’Article 11.1.1 du CCAG est un montant
estime egal a:
[Inserer la somme] en monnaie nationale
Une quote-part de ce prix est payable dans la ou les
monnaies etrangeres suivantes : Non applicable
La quote-part payable en [inserer la monnaie
etrangere] est egale a -........pom cent, au taux de
change de : [Indiquer le ou les taux de change
figurant a l ‘annexe a la soumission.] applicable a
la signature du contrat
Revision des prix Les prix sont fermes et les dispositions de 1’Article
11.4.2 du CCAG ne sont pas applicables.
Actualisation des prix Si les prix du Marche sont fermes, le Montant du
Marche est actualisable en application du coefficient
“ACT5' calcule selon la formule suivante :
ACT = (a) S/So i (b) T/To + (c) F/Fo + (d) L/Lo
dans laquelle :
ACT est le coefficient d’actualisation qui
s’appliquera au Montant du Marche. Le montant a
Comr
it,
payer fera l’objet d’une actualisation par la
multiplication du coefficient ACT.
a = coefficient multiplicateur de la
variation du prix de l’« acier »
dans le Prix du marche. b = coefficient
multiplicateur de la
variation du prix de F«
aluminium » dans le Prix du
marche.
c = coefficient multiplicateur de la
variation du prix de F« fibre de
verre » dans le Prix du marche. d = coefficient
multiplicateur de la
variation du prix de la main-
d’oeuvre dans le Prix du marche. (a), (b), (c), (d)
represented les parametres de ponderation des
facteurs sujets a actualisation sur la base des valeurs
des indices, T, S, F, L.

1
II n’est generalement pas necessaire d’insurer une clause de revision des prix dans les marches simples prevoyant la
livraison des foumitures ou l’execution des travaux en raoins de dix huit (18) mois, mais il convient de le faire dans les
marches d’une duree superieure a dix huit (18) mois.

octobre 2023
 Projet de renforcement du Reseau National Interconnects (PR-RNlj SONABEL
DAO pour la const!uction de posies 90 kV SECTION VII : CAHIER DES CLAUSES ADM1NISTRATIVES PART1CUL1ERES

Conditions Article Disposition

The specific values of the parameters a, b, c, d are set
below, it being specified that a + b + c + d = 1.
a= 0.2; b=0.3, c=0.3 and d=0.2
T, S, F, L, and To, So, Fo, Lo represented the value of
the indices corresponding to the factors included in the
formula; the definition and origin of these indices are
specified below, it being specified that the values of T,
S, F, L will be those in force on the date of the price
update, and the values To, So,
Fo, Lo are those in force on the expiry date of the
offers.
The variation in the cost of raw materials will be
consulted on the websites: https://www.lme.com or
httns://fr.investing.com

Taxes, duties, levies, fees, 11.5.2

contributions
The prices of this Contract are deemed to be
determined in all taxes included. (Article 11.1.1. of the
CCAG)
Tax and customs regime:
Tenderers' tenders must clearly show:
- the price and amounts excluding taxes,
excluding customs duties.
- the amount of each tax, duty and levy;
- the amount of customs duties.
The rate applicable to customs duties is 5%
In addition to customs duties, tenderers' tenders should
iff/ ■mhs K take into account the statistical fee at the rate of 1%

i
51 , . )=•! ra\\
ST 1 *©// f
(CIF value), the Community levies at the rate of 1.3%
(CIF value), and the contribution to the import
verification programme at the rate of 1 % (FOB value)
Vv* & \
Tags: Tags: NC V%s £ In the event that the Contracting Authority obtains
from the administration an exemption scheme which
was not originally provided for in respect of taxes,
duties and duties before or after the entry into force of
the Contract, a reduction in the price corresponding to
the amount of the exemptions shall be effected by an
amendment.

■ V ■ 11.5.9
The amount of the regulation fee is [insert the
percentage of the fee in relation to the contract
amount]. Not applicable

octobre 2023
Projet de renJorcement du Reseau National lnterconnecte (PR-RN1) SON A BEL
DAO pour la construction de posies 90 k V SECTION Vll : CAHIER DES CLAUSES ADMIN1STRATIVES PARTICUL1ERES

Conditions Article Disposition

On-site work 12.3.1 (a)
i The methods for calculating remuneration for on-site
work are as follows:
Salaries and allowances paid in connection with work
under contract subject to payroll costs shall be
increased under the following conditions:
overhead, taxes, and duties
benefices [...]. Non applicable
12.3.1 (b)
Other sums spent on works under management will
be increased under the following conditions: general
expenses, taxes, duties and profits
[...] Non applicable
Maximum Percentage 12.3.2 The percentage is : [Insert percentage]
work under the supervision Non applicable
Relation to the Amount of
the Contract
■
on 12.4 Non applicable
Installments '
supply
Lump sum start-up advance 12.5

The method of calculating the advance is as follows:

a) Percentage of Contract Amount: 30 %
*> Yv (In accordance with Article 165 of Decree No.

ks M I T 'A\ 2017-049/PRES/PM/MINEFID of 1 February 2017 on the

procedure for the award, execution and settlement of public L
| fXj contracts and public service delegations, the total amount of

WVr)
?!? advances granted under a given contract may in no case exceed
>
*&5 //3 ^ * thirty percent (30%) of the amount of the initial contract) '
b) The advance on contract payments will be
*?- ^ S *w/ reimbursed as follows:
V reimbursement begins when the amount paid
for the contract reaches 30% of the initial amount
J including VAT of the contract and must be completed L

T when that amount reaches 80% of the amount

including tax of the contract£
Rl = AtX'-X") J
(80-30) where:
R1 is the amount to be reimbursed A is the amount of
the advance granted X' is the percentage value of the L
statement paid or payable in relation to the initial
amount of the contract and must be less than or equal
to 80% (X' < 80%) J
X" Represents the percentage value of the previous
statement of the original contract amount and must be
greater than or equal to 30 %) (original X" > 30 %) LI
N.B. The calculation of X' and X" is extended to the
second decimal place rounded up to the next digit.
With reference to the initial amount of the contract J
(excluding provisional sums i

octobre 2023
 Projet de renforcement du Reseau National Interconnects (PR-RNlj SONABEL
DAO pour la const!uction de posies 90 kV SECTION VII : CAHIER DES CLAUSES ADM1NISTRATIVES PART1CUL1ERES

octobre 2023
 Projet de renJorcement du Reseau National lnterconnecte (PR-RN1) SON A BEL
DAO pour la construction de posies 90 k V SECTION Vll : CAHIER DES CLAUSES ADMIN1STRATIVES PARTICUL1ERES

Conditions Article Disposition

• Wind speed greater than 120 km/h.
Delai d’execution Article 20 .1.1 The time required for the execution of the work shall
be calculated from the date of entry into force of the
contract.
The authorization to start work on each of the Sites
will be notified by an administrative order
20.1.3 11 No bonus shall be provided for in the event of early
execution of the works covered by this contract.

Extension of turnaround Article 20 .2.2

Threshold for inclement weather leading to an
times
extension of the deadlines for the execution of the
work:
• Ten-year flood affecting the Site or access roads to the
Site, making it inaccessible or dangerous;
Wind speed greater than 120 km/h;
Number of days of expected inclement weather:
fifteen (15) days
20.2.4 Threshold for extension of performance deadlines
giving rise to the right to terminate the Contract: seven
(7) months
The penalty for delay in performance is set at:
Penalties, and deductions 21.1
l/2000th of the amount excluding tax of the contract.

21.6 The maximum amount of penalties is: five (5) percent

of the Exclusive Price of the Final Contract.
Preparation of the work 29.1
Duration of Engagement Period: No
applicable
i/c *L& .29.2 Deadline for submission of the implementation
I IS /\ P\^ programme: Deadline for submission of the
5 /ry:Cr-y 5 p
implementation programme: fifteen (15) days from the
date of notification of the service order to start the
I*^v7 / i||5 29.3 works.
Safety and Hygiene Plan:
/jfej3 T Contractor must comply with clause 32 of the
CCAG.
Reception provisoire 41.1 The terms and conditions of acceptance per phase of
work are as follows: not applicable Modification of
the time limit for the start of operations prior to the
acceptance of works: no
applicable
41.2 b)
Tests included in the pre-acceptance operations;
Commissioning test.
41.2 e)
The observation of the folding of the site facilities and
the restoration of the land and sites is part of the
operations prior to the acceptance of the work.

octobre 2023
Projet de renforcement du Rescau National Interconnecte (PR-RN1) SONABEL
DAO pour la construction de posies 90 kV SECTION VII : CAHIER DES CLAUSES ADMIN 1 STRATIVES PARTICUUERES

octobre 2023
 Pro jet de renforcement du Reseau National Interconnects (PR-RNI) SONABEL
DAO pour la construction de postes 90 kV SECTION Vll : CAHIER DES CLAUSES ADMINISTRATES PART1CULIERES

Conditions Article Disposition

and contingency provisions), the repayment of the
advance will begin when the amount of the work
invoiced (excluding advances) reaches 30% and must
be completed by 90% at the latest.
The amount reimbursed will be calculated on the
amount of the work invoiced, excluding any
deduction (warranty or other).
NB : The start-up deposit is unconditional on the
first application. It is issued by an approved
banking institution.
Default interest 12.7 If the payment period is exceeded, default interest
shall be incurred in favour of the contract holder.

The default interest rate applicable will be the

BCEAO discount rate increased by one (01) point.
Payment of deposits 14.1.1 The conditions for submitting start-up advances are:
30% of the amount of the contract will be paid to the
contractor against a bank guarantee of the same
CHC>
amount, which is payable upon full repayment of the
advance.

um / X** * c-
1
The lump sum advance shall be reimbursed by
withholding tax on the statements according to the
k*A / cr\i/ -A>A.VJ
w
11
formula below: R = (Va x D) / (Vt x 0.8) where:
R = amount to be reimbursed Va =
w Ms!( /#
p; U
total amount of the advance Vt = total
N
vv£> » v 'MP • amount of the contract D = amount of the
.a t statement of account This repayment shall
N&
commence on the first statement and shall be
completed at the latest when the amount paid

/T
under the contract reaches 80 % of the
amount of the contract.

L The conditions for invoicing the various forms will be

agreed with the company awarded the contract.

14.2.3
Payments to the Contractor will be made to the
following bank accounts:
[Indicate Bank Account]
Force majeure 19.3
Threshold for bad weather constituting force majeure:
* Ten-year frequency flood affecting the Site or
access routes to the Site, making it inaccessible or
unsafe; 1

octobre 2023
 Conditions Article Disposition
42.1
Reception definitive The final acceptance of the works will be pronounced
twelve (12 ) months after the date of the provisional
| acceptance report.
Guarantees for private
44.2 No special warranty is required.
individuals 50.2.3
Dispute Resolution The authority responsible for appointing the
conciliator is: [Insert name given in the Deed of
Undertaking]

Non applicable
50.3.3 This option, both at the national and international
levels, must be exercised in accordance with the
Uniform Act on the Law of Arbitration of 23
November 2017 and adopted pursuant to the OHADA
Treaty or the UNCITRAL Model Law on
International Commercial Arbitration of 21 June 1985
or the 1958 New York Convention on the Recognition and
Enforcement of Arbitrate Awards

/•- • >-•/• -■ .1/ 5? <=■ 50.4.1 Any dispute relating to this contract shall first be
S«*'l , _</ }?£ S submitted to the mediation procedure provided for in
\\* \ V"^.tag. 7 A\? ? \ the Mediation Rules of the Ouagadougou Centre for
V ■ Y3' vVvW/i Arbitration, Mediation and Conciliation (CAMC-O).
) The parties expressly undertake not to initiate any
arbitration or judicial proceedings unless mediation
fails.
If mediation fails, the dispute will be decided by
arbitration in accordance with the CAMC-W
Arbitration Rules.

51.3 The applicable law is: Burkinabe Law

Applicable law and changes
in regulations
Entry into force of the 52.1
Contract
The entry into force of the contract is subject to the
Fulfillment of the following conditions:
a) 1'approval by the competent authorities;
b) notification of the service order to start the work;
c) the implementation of the guarantees to be
produced by T Entrepreneur;
d) the payment, if any, of the advance provided for in
Article 12.5 of the CCAG; and
e) the placing of the site at the disposal of the
Contractor by the Contracting Authority.
 Pro jet de renforcement du Reseau National Interconnects (PR-RNI) SONABEL
DAO pour la construction de postes 90 kV SECTION Vll : CAHIER DES CLAUSES ADMINISTRATES PART1CULIERES

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Section VIII. Specification

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octobre 2023
 Projel de rcnt'orcement du Reseau National Interconnects (PR-RN1) SONABEL
DAO pour la construction de posies 90 kV SECTION VIII: CAHIER DES CLAUSES ENVIRONNEMENTALES

Table of Clauses 2

Glossary...........................................................................................................................................83
PREAMBLE....................................................................................................................................85
1. General Environmental and Social Clauses...........................................................................86
1.1 Preliminary arrangements for the execution of the works................................................86
1.1.1 Compliance with national laws and regulations...........................................................86
1.1.2 Permits and authorizations prior to work.....................................................................86
1.1.3 Start-up meeting..............................................................................................................87
1.1.4 Preparation and release of the right-of-way.................................................................87
1.1.5 Identification of dealer networks...................................................................................87
1.1.6 Liberation of public and private domains.....................................................................87
1.1.7 Environmental and Social Management Program.......................................................88
1.1.8 Notifications to Responsible Authorities.......................................................................88
1.2 Site Facilities & Preparation.............................................................................................89
1.2.1 Localization Standards....................................................................................................89
1.2.2Posting of the Rules of Procedure and Raising Staff Awareness..................................89
1.2.3 Employment of local labour............................................................................................89
1.2.4 Adherence to working hours..........................................................................................89
1.2.5 Protection of construction site personnel......................................................................90
1.2.6 Health, Safety and Environment Manager...................................................................90
1.2.7 Designation of on-call staff.............................................................................................90
1.2.8 Measures against traffic obstructions............................................................................90
1.3 Withdrawal of construction site and redevelopment......................................................... 91
1.3.1 General Regies..................................................................................................................91
1.3.2 Rdamdnagement of sites.................................................................................................92
1.3.3 Protection of unstable areas............................................................................................92
1.3.4 Use of Temporary Lanes.............................................................................................. 92
1.3.5 Development of quarries and temporary borrow sites............................................ 92
1.3.6 Management of petroleum products and other contaminants.....................................f-v;
92
1.3.7 Sanitary landfills and trench dumps « in situ »...........................................................92
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