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The Federal Democratic Republic of Ethiopia

Ethiopian Airlines Group – Ethiopian Airlines

Bidding Document for Design-Build of


Ethiopian Airlines Aviation University Landscaping,
Greenery Development & Associated Works.

Contents of Volume

Section I-XIV Bidding Procedure


Section XII Qualification Questionnaire
Section VII Form of Bid, Appendix to
Section XII Employer’s Requirement

Procurement Reference Number:

Addis Ababa, Ethiopia

March 2024
Notice of Invitation for National Bid on Basis of Design and Build
The Ethiopian Airlines Group intends to invite qualified bidders for Design-Build of Ethiopian Airlines Aviation
University Landscaping, Greenery Development & Associated Works.
1. The project is in Addis Ababa Bole International Airport; Ethiopian Airlines compound. The scope of the work
consists of the design and construction of the following major facilities, but not limited to:
Landscaping, Greenery Development & Associated Works - Design and Build

2. The project shall be completed within 150 calendar days including 10 days of mobilization period.
3. The Ethiopian Airlines Group now invites bidders to submit sealed bids for providing the necessary labor,
material and equipment for the Design and Construction and Maintenance works of the stated project.
4. The Ethiopian Airlines Group now invites eligible bidders, which fulfill the following requirements, to submit sealed
bids for the construction of the project mentioned in item (1): -
a. Renewed Trade license for the year 2016 E.C.
b. Renewed Competency certificate of registration from authorized body in category GC-3/RC-3 and above.
c. Tax clearance certificate (for the year 2016 E.C.) stating the bidder is eligible to participate in any public tender
and valid at least at the deadline for submission of bids.
d. The bid security shall be 1% of the contract amount.
e. Tax clearance certificate stating the bidder is eligible to participate in any public tender and valid at least at the
deadline for submission of bids.
f. Bid security in the form of CPO or unconditional irrevocable bank guarantee
g. VAT registration certificate.
h. Tax Identification Number (TIN).
5. Bidding will be conducted through a National Competitive Bidding (NCB) procedures and is open to all bidders as
specified and defined in the Bidding Documents.
6. Bidders are instructed to visit the site before submitting the bid document. Please note that Site
visit is Mandatory, which will be scheduled on two days.
7. Interested eligible bidders may obtain further information and the bidding documents from:
Address: Ethiopian Airlines, Procurement & Supplies Chain Management,
Tel: +251 115 174258
Bidders shall submit four envelopes which shall be sealed in an outer envelope:
a. Qualification Application which consists one original and copy of the technical offer document that shall
be sealed in two separate envelopes and marked as Technical Proposal Original/Copy each to the
respective envelope. Then Seal these in one Bigger Envelop and mark it as Technical Proposal.
b. Financial Document, which consist One original and copy of financial offer document that shall be sealed
in two separate envelops marked as Financial Offer Original/Copy each to the respective envelope. Then
Seal these in one bigger envelop and Mark as Financial Offer. In the Financial Offer, the Bidder Must
include the Payment term and breakdown sheet.
8. Bidders shall furnish bid security in the form of CPO or unconditional and irrevocable bank guarantee with an amount
of Birr 100,000.00 (one Hundred Thousand Birr only) in the name of Ethiopian Airlines Group.
9. A complete set of bidding documents may be purchased by any interested eligible bidder upon payment of a non-
refundable fee of Birr 100.00 (One Hundred birr only).
10. Evaluation is to be carried out in two stages, Technical and Financial Bids of the Bidders.
11. Bids must be delivered to the address below before April 15, 2024, Qualification information and Bid security of
the bidders will be opened in the presence of bidder’s or without the presence of bidder’s representatives who choose
to attend, on the final date and time of bid submission as stated above.
Ethiopian Airlines Group Procurement & Supplies Chain Management Africa Avenue, Bole International
Airport, Addis Ababa, Ethiopia
Tel.: +251 115 174258
12. The Ethiopian Airlines Group reserves the right to accept any or reject any or all bids.

The Ethiopian Airlines Group


Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

SECTION II

INSTRUCTIONS TO BI E S

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Table of Clauses A. General ..............................................................................................................9


1. Scope of Bid ........................................................................................................9
2. Source of Funds ...............................................................................................9
3. Eligible Bidders ...............................................................................................9
4. Eligible Materials, Plant, Supplies, Equipment, and Services.........................9
5. Qualification of the Bidder...............................................................................9
6. One Bid per Bidder .........................................................................................10
7. Cost of Bidding ...............................................................................................11
8. Site Visit .........................................................................................................11
B. Bidding Documents...............................................................................................................11
9. Content of Bidding Documents .........................................................................11
10. Clarification of Bidding Documents .................................................................12
11. Amendment of Bidding Documents ..................................................................12
C. Preparation of Bids ...............................................................................................................12
12. Language of Bid ............................................................................................12
13. Documents Comprising the Bid ....................................................................12
14. Bid Prices........................................................................................................13
15. Currencies of Bid and Payment ......................................................................13
16. Bid Validity....................................................................................................14
17. Bid Security ....................................................................................................14
18. Alternative Proposals by Bidders....................................................................15
19. Pre-Bid Meeting .............................................................................................15
20. Format and Signing of Bid ............................................................................16
D. Submission of Bids ...............................................................................................................16
21. Sealing and Marking of Bids..........................................................................16
22. Deadline for Submission of Bids ...................................................................17
23. Late Bids ........................................................................................................17
24. Modification and Withdrawal of Bids ...........................................................17
E. Bid Opening and Evaluation ..............................................................................................18
25. Bid Opening...................................................................................................18
26. Process to be Confidential .............................................................................18
27. Clarification of Bids and Contacting the Employer.......................................18
28. Examination of Bids and Determination of Responsive-ness .......................19
29. Correction of Errors.......................................................................................19
30. Conversion to Single Currency for Comparison of Bids ...............................20
31. Evaluation and Comparison of Bids ..............................................................20
32. Preference for Domestic Bidders....................................................................21
F. Award of Contract .........................................................................................................22
33. Award .............................................................................................................22
34. Employer’s Right to Accept Any Bid and to Reject Any or All Bids ...........22
35. Notification of Award .....................................................................................22
36. Signing of Agreement ...................................................................................23
37. Performance Security ....................................................................................23
38. Disputes Review Method ..............................................................................24
39. Corrupt & Fraudulent Practices......................................................................24

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Instructions to Bidders
A. General
1. Scope of Bid 1.1 The Employer, as defined in the Bidding Data and Appendix to Bid, hereinafter
“the Employer,” wishes to receive bids for the construction of Works, as described in these
Bidding Documents
1.2 The successful bidder will be expected to complete the Works within the period
stated in the Appendix to Bid from the date of commencement of the Works.

1.3 Throughout these bidding documents, the terms ―bid ‖and ―tender‖ and their derivatives
(“bidder/tenderer,” “bid/tendered,” “bidding/tendering,” etc.) are synonymous, and day
means calendar day. Singular also means plural.

2. Source of 2.1 The source of fund is shown in the Bidding Data.


Funds

3. Eligible 3.1 This invitation to bid is open to any foreign bidder (including all members of a joint venture
Bidders and all subcontractors of a bidder) meeting all three of the following requirements:

(a) A bidder shall be from any country as defined under Section XIV:
(b) A bidder shall not be affiliated with a firm or entity
(i) that has provided consulting services related to the Works to the Employer
during the preparatory stages of the Works or of the Project of which the
Works form a part, or

(ii) that has been hired (or is proposed to be hired) by the Employer as Engineer
for the contract.

(c) A bidder shall not be under a declaration of ineligibility for corrupt or


fraudulent practices issued by the FDRE in accordance with Sub-Clause
39.1 (a).
3.2. Bidders shall provide evidence of eligibility in accordance with Sub- Clause 3.1

3.3 Majority publicly owned enterprises from the any eligible country may be eligible
to qualify if, in addition to meeting all the above requirements, they are also legally
and financially autonomous, operate under commercial law and are not a dependent
agency of the state where they exist.

4. Eligible 4.1 The Materials, Plant or Contractor’s Equipment, other supplies, and services to be
Materials, supplied under the Contract, shall have their origin in eligible source countries, defined
Plant, under the Section XIV, and all expenditures made under the Contract will be limited
Supplies, to such materials, Plant or Contractor’s Equipment, other supplies, and services.
Equipment,
and Services 4.2 For purposes of Sub-Clause 4.1 above, ―origin‖ means the place where the materials,
Plant, equipment, and other supplies are mined, grown, produced, manufactured, or
assembled and from which the services are supplied.
5. Qualification 5.1 To be qualified for the award of the Contract, bidders shall provide evidence
satisfactory to the Employer of their capability and adequacy of resources to

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of the Bidder carry out the Contract effectively. Bidders as part of their qualification document
shall submit all the information in the forms included in Section XII: Qualification
Questionnaire of the Bidding Document
5.2 Bids submitted individually, as a partner in a Joint Venture or as group as the case may
be, must comply with the qualification requirements set in the Bidding document,
Qualification Questionnaires. Moreover, the Joint Venture shall satisfy the following:

(a) The bid, and in case of a successful bid, the Form of Agreement, shall be signed so as
to be legally binding on all partners.
(b) One of the partners shall be nominated as being in charge and shall be responsible
on behalf of all the partners to the Joint Venture, and this authorization shall be
evidenced by submitting a power of attorney signed by legally authorized signatories
of all the partners.

(c) The partner in charge shall be authorized to incur liabilities and receive instructions
for and on behalf of any and all partners of the joint venture, and the entire execution
of the Contract, including payment, shall be done exclusively with the partner in
charge.

(d) All partners of the joint venture shall be liable jointly and severally for the execution
of the Contract in accordance with the Contract terms, and a statement to this effect
shall be included in the authorization mentioned under (c) above, as well as in the
Form of Bid and in the Form of Agreement (in case of a successful Bid); and

(e) A copy of the Joint Venture Agreement entered by all partners shall be submitted with
the Qualification Information. Alternatively, a Letter of Intent to execute a Joint
Venture Agreement in the event of a successful Bid shall be signed by all partners
and submitted with the bid, with a copy of the proposed Agreement.

5.3 For the purposes of this Contract, bidders shall meet the Compliance Requirements
specified in the Section XII of Qualification Questionnaire.

5.4 The figures for each of the partners of a joint venture shall be added together to
determine the bidder’s compliance with the minimum Compliance Requirements
set out in Sub-Clause 5.3 above.

5.5 Domestic bidders or/ and joint ventures of domestic bidders applying for eligibility
for a 7½ percent margin of preference in bid evaluation shall supply all information
required to satisfy the criteria for eligibility as described in Clause 32 of these
Instructions.

The qualifications, capacity, and resources of proposed sub-contractors will not be


considered in assessing those of individual or joint venture bidders, unless they are
named specialist subcontractors and the scope of their specialized participation in the
Works is clearly defined in the bid.
6. One Bid per 6.1 A firm shall submit only one bid in the same bidding process, either individually as a
Bidder bidder or as a partner in a joint venture. No firm can be a subcontractor while submitting
a bid individually or as a partner of a joint venture in the same bidding process. A firm,
if acting in the capacity of subcontractor in any bid,

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may participate in more than one bid, but only in that capacity. A bidder who submits or
participates in more than one bid will cause all the proposals in which the bidder has
participated to be disqualified.

7. Cost of 7.1 The bidder shall bear all costs associated with. the preparation and submission of its bid,
Bidding and the Employer will in no case be responsible or liable for those costs, regardless of the
conduct or outcome of the bidding process.

8. Site 8.1 The bidder is advised to visit and examine the Site of Works and its surroundings and obtain
Visit for itself on its own responsibility all information that may be necessary for preparing the
bid and entering a contract for construction of the Works. The costs of visiting the Site
shall be at the bidder ‘s own expense.

8.2 The bidder and any of its personnel or agents will be granted permission by the Employer to
enter upon its premises and lands for the purpose of such visit, but only upon the express
condition that the bidder, its personnel, and agents will release and indemnify the
Employer and its personnel and agents from and against all liability in respect thereof,
and will be responsible for death or personal injury, loss of or damage to property, and any
other loss, damage, costs, and expenses incurred as a result of the inspection.
8.3 The Employer may conduct a Site visit concurrently with the pre-bid meeting referred to in
Clause 19.

B. Bidding Documents

9. Content of 9.1 The bidding documents are those stated below and should be read in
Bidding conjunction with any Addenda issued in accordance with Clause 11:
Documents
Volume I
Section I: Invitation for Bids
Section II: Instructions to Bidders
Section III: Bidding Data
Section IV: Conditions of Contract part I – General Conditions
Section V: Conditions of Contract Part II –Conditions of Particular
Application
Section IX: Contract Forms: Forms of Agreement, Performance Guarantee
(Unconditional), Performance Guarantee (Conditional), Advance
Payment Guarantee (Unconditional), Advance Payment Guarantee
(Conditional), Form of Advance Payment Disbursement Agreement,
Advance Payment Disbursement Schedule.
Section XI: Explanatory Notes (Not Applicable)
Section XIII: Disputes Settlement Procedure Section
XIV: Eligible Countries
Volume II
Section XII: Qualification Questionnaires

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Volume III
Section VII: Form of Bid, Appendix to Bid, and Bid Security
Section VIII: Bill of Quantities (NOT Applicable)
Volume IV
Section VI: Technical Specifications
Volume V
Section X: Drawings
Additional information that will be accessible to the Bidders is given in the
Bidding Data
10.Clarification 10.1 A prospective bidder requiring any clarification of the bidding documents
of Bidding may notify the Employer in writing or by cable (hereinafter, the term ―cable‖ is
Documents deemed to include telex and facsimile at the address to request any clarification as
indicated in the Bidding Data. The Employer will respond to any request for
clarification that he receives earlier than 21days prior to the deadline for
submission of bids. Copies of the Employer ‘s response will be forwarded to all
purchasers of the bidding documents, including a description of the inquiry but
without identifying its source.

11.Amendment 11.1 At any time prior to the deadline for submission of bids, the Employer may amend
of Bidding the bidding documents by issuing Addenda.
Documents
11.2 Any Addendum thus issued shall be part of the bidding documents pursuant to
Sub-Clause 9.1 and shall be communicated in writing or by cable to all
purchasers of the bidding documents. Prospective bidders shall promptly
acknowledge receipt of each Addendum by cable to the Employer.
11.3 To give prospective bidders reasonable time in which to take an Addendum into
account in preparing their bids, the Employer may extend as necessary the
deadline for submission of bids, in accordance with Clause 22.

C. Preparation of Bids

12. Language of 12.1 The bid, and all correspondence and documents related to the bid exchanged by
Bid the bidder and the Employer, shall be written in the bid language stipulated in the
Bidding Data and Conditions of Particular Application. Supporting documents
and printed literature furnished by the bidder may be in another language
provided they are accompanied by an accurate translation of the relevant passages
in the above stated language, in which case, for purposes of interpretation of the
bid, the translation shall prevail.

13. Documents 13.1 The bid submitted by the bidder shall comprise the following: duly filled- in Form
Comprising of Bid and Appendix to Bid, Bid Security, priced Bill of Quantities, Qualification
the Bid Information, alternative offers where invited, and any information or other
materials required to be completed and submitted by bidders in accordance with
these Instructions to Bidders. The documents listed under Sections VII, VIII and
XII shall be filled in

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without exception, subject to extensions thereof in the same format as dictated


in the Bidding Data or elsewhere in the Bidding Documents and to the
provisions of Sub-Clause 17.2 regarding the alternative forms of bid
security.”

13.2 If so, indicated in the Bidding Data, bidders bidding for this contract, together
with other contracts to form a package will so indicate in the bid, together with
any discounts offered for the award of more than one contract.

14. Bid Prices 14.1 Unless stated otherwise in the bidding documents, the Contract shall be for the
whole Works as described in Sub-Clause 1.1, based on the unit rates and prices in
the Bill of Quantities submitted by the bidder.
14.2 The bidder shall fill in rates and prices for all items of the Works described in the
Bill of Quantities. Items against which no rate or price is entered by the bidder
will not be paid for by the Employer when executed and shall be deemed to be
covered by the rates for other items and prices in the Bill of Quantities.

14.3 All duties, taxes, and other levies payable by the Contractor under the Contract, or
for any other cause, as on the date 28 days prior to the deadline for submission of
bids, shall be included in the rates and prices and the total Bid Price submitted
by the bidder. Value Added Tax (VAT) shall be shown separately in the
appropriate summary table of the priced Bill of Quantities (BOQ)

14.4 Unless otherwise provided in the Bidding Data and Conditions of Particular
Application, the rates and prices quoted by the bidder are subject to adjustment
during the performance of the Contract in accordance with the provisions of Clause
70 of the Conditions of Contract. The bidder shall furnish the necessary information
and supporting documentation for the values in the price adjustment formulae in
the Appendix to Bid and shall submit with its bid such other supporting
information as required under Clause 70 of the Conditions of Contract. The
Employer may require the bidder to justify its proposed submission.

15. Currencies 15.1 The currency (ies) of the bid shall be as specified in Sub-Clause 15.2 of the
of Bid and Bidding Data.
Payment
15.2 The unit rates and the prices shall be quoted by the bidder entirely in the
currency of the Employer’s country specified in the Bidding Data. A bidder
expecting to incur expenditures in other currencies for inputs to the Works
supplied from outside the Employer’s country (referred to as ―the foreign
currency requirements‖) shall indicate in the Appendix to Bid the percentage(s)
of the Bid Price (excluding Provisional Sums) needed by him for the payment
of such foreign currency requirements, limited to no more than three freely
convertible foreign currencies.

15.3 The rates of exchange to be used by the bidder in arriving at the local currency
equivalent and the percentage(s) mentioned in Sub-Clause 15.2 above shall
be specified by the bidder in the Appendix to Bid, and

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shall apply for all payments under the Contract so that no exchange risk
will be borne by the successful bidder.

15.4 Bidders shall indicate their expected foreign currency requirements in the
Appendix to Bid.

15.5 Bidders may be required by the Employer to clarify their local and foreign
currency requirements, and to substantiate that the amounts included in the unit
rates and prices and shown in the Appendix to Bid are reasonable and responsive
to Sub-Clause 15.2, in which case a detailed breakdown of its foreign currency
requirements shall be provided by the bidder.

15.6 During the progress of the Works, the foreign currency portions of the
outstanding balance of the Contract Price may be adjusted by agreement
between the Employer and the Contractor in order to reflect any changes in
foreign currency requirements for the Contract, in accordance with Sub-Clause
72.4 of the Conditions of Particular Application. Any such adjustment shall be
affected by comparing the percentages quoted in the bid with the amounts
already used in the Works and the Contractor’s future needs for imported items.

16. Bid Validity 16.1 Bids shall remain valid for the period stipulated in the Bidding Data
after the deadline for bid submission as specified in Clause 22.

16.2 In exceptional circumstances, prior to expiry of the original bid validity period, the
Employer may request that the bidders extend the period of validity for a specified
additional period. The request and the responses thereto shall be made in writing or
by cable. A bidder may refuse the request without forfeiting its bid security. A
bidder agreeing to the request will not be required or permitted to modify its bid but
will be required to extend the validity of its bid security for the period of the
extension and in compliance with Clause 17 in all respects.

17. Bid Security 17.1 If required in the Bidding Data, the bidder shall furnish, as part of its bid, a bid
security in the amount stipulated in the Bidding Data in the currency of the
Employer’s country, or the equivalent amount in a freely convertible currency.
17.2 If required the bid security shall:

(a) at the bidder’s option, be in the form of either a letter of credit, or a bank
guarantee from a banking institution, or a bond issued by an insurance or
bonding institution.
(b) be issued by a reputable institution selected by the bidder and located in
any eligible country. If the institution issuing the bond is located outside
the Employer’s Country, it shall have a correspondent financial institution
located in the Employer’s country to make it enforceable.
(c) be substantially in accordance with one of the forms of bid security included
in Section VII or other form approved by the Employer prior to bid
submission;

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(d) be payable promptly upon written demand by the employer in case any of
the conditions listed in Sub-Clause 17.7 are invoked.
(e) be submitted in its original form; copies will not be accepted.

(f) remain valid for a period of 28 days beyond the original validity period of
bids, or beyond any period of extension subsequently requested under Sub-
Clause 16.2.
17.3 The bid security of a joint venture shall be issued so as to commit fully all
partners to the proposed joint venture.
17.4 Any bid not accompanied by an acceptable bid security shall be rejected by the
Employer as non-responsive.

17.5 The bid securities of unsuccessful bidders will be returned as promptly as


possible, but not later than 28 days after the expiration of the original
period, or any subsequently extended period of bid validity.
17.6 The bid security of the successful bidder will be returned when the bidder has
signed the Agreement and furnished the required performance security.

17.7 The bid security may be forfeited


(a) if the bidder withdraws its bid, except as provided in Sub-Clause 24.2; or
(b) in the case of a successful bidder, if he fails within the specified time limit
to
(i) sign the Agreement, or
(ii) Furnish the required performance security.
(iii) accept arithmetic correction made by the Employer
18. Alternative 18.1 When alternative times for completion are explicitly invited, a statement to that
Proposals effect will be included in the Bidding Data, as will the method of evaluating
by Bidders different times for completion.
19. Pre-Bid 19.1 The bidder’s designated representative is invited to attend a pre-bid meeting, if
Meeting convened, which will take place at the venue and time stipulated in the Bidding
Data.
19.2 The purpose of the meeting will be to clarify issues and to answer questions on
any matter that may be raised at that stage.
19.3 The bidder is requested, as far as possible, to submit any questions in writing or
by cable, to reach the Employer not later than one week before the meeting. It
may not be practicable at the meeting to answer questions received late or those
requiring further examination, but questions and responses will be transmitted
in accordance with the following sub-clause.
19.4 Minutes of the meeting, including the text of the questions raised and the
responses given, together with any responses prepared after the meeting, will
be transmitted without delay to all purchasers of the bidding documents. Any
modification of the bidding documents listed in Sub-Clause 9.1 that may
become necessary as a result of the pre- bid meeting shall be made by the
Employer exclusively through the issue of an Addendum pursuant to Clause
11 and not through the

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minutes of the pre-bid meeting.


19.5 Nonattendance at the pre-bid meeting will not be a cause for disqualification of a
bidder.
20. Format and 20.1 The bidder shall prepare one original for each of Qualification Information, Bid
Signing of Security and Financial Bid as described in clause 13 and clearly marked each of
Bid them as “Original.” In addition, the bidder shall submit copies in the number
specified in the Bidding Data and clearly marked “copies.” In the event of
discrepancy between the copies and the original, the original shall prevail.

20.2 The original and all copies of the bid shall be typed or written in indelible
ink (in the case of copies, photocopies are also acceptable) and shall be signed
by a person or persons duly authorized to sign on behalf of the bidder. All pages
of the bid and where entries or amendments have been made shall be
initialed by the person or persons signing the bid.

20.3 The bid shall contain no alterations, omissions, or additions, unless such
corrections are initialed by the person or persons signing the bid.

20.4 The bidder shall furnish information as described in paragraph 8 of the Form of
Bid on commissions or gratuities, if any, paid or to be paid to agents relating to
this Bid, and to contract execution if the bidder is awarded the Contract.

D. Submission of Bids

21. Sealing and 21.1 The bidder shall seal each copy of his Bid, as defined in Clause 20, in separate
Marking of envelopes, the first marked: “Qualification Information and Bid security”
Bids shall contain:

 The Qualification Information,


 The Bid Security

The second marked: “Financial Bid” shall contain:


 The Form of Bid and it’s Appendices and
 The Priced Bill of Quantities
The two envelopes shall then be sealed in an outer envelope.

21.2 The inner and outer envelopes shall

(a) be addressed to the Employer at the address provided in the Bidding Data.

(b) bear the name and identification number of the Contract as defined in the
Bidding Data; and

(c) Provide a warning not to open before the time and date for bid
opening, as specified in the Bidding Data.
The envelope marked “Financial Bid” shall provide a further warning

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on the cover stating:

“Not to open until advised by the Employer in accordance with ITB


Sub-clause 25.5.”

21.3 In addition to the identification required in Sub-Clause 21.2, the inner envelopes
shall indicate the name and address of the bidder to enable the bid to be returned
unopened in case it is declared ―late‖ pursuant to Clause 23 or not meeting the
minimum qualifying criteria as set out in clause 5.3 Qualification
Questionnaire, of the Bidding document and for matching purposes under
Clause 24.

21.4 If the outer envelope is not sealed and marked as above, the Employer will
assume no responsibility for the misplacement or premature opening of the bid.
If the outer envelope discloses the bidder’s identity, the Employer will not
guarantee the anonymity of the bid submission, but this shall not constitute
grounds for rejection of the bid.
22. Deadline for 22.1 Bids must be received by the Employer at the address specified in Sub-
Submission of Clause 21.2 no later than the time and date stipulated in the Bidding Data.
Bids 22.2 The Employer may, in exceptional circumstances and at its discretion, extend the
deadline for submission of bids by issuing an Addendum in accordance with
Clause 11, in which case all rights and obligations of the Employer and the
bidders previously subject to the original deadline will thereafter be subject to
the deadline as extended.

23. Late Bids 23.1 Any bid received by the Employer after the deadline for submission of bids
prescribed in Clause 22 will be returned unopened to the bidder.
24. Modification 24.1 The Bidder may modify or withdraw his bid after bid submission, provided
and that written notice of the modification or withdrawal is received by the
Withdrawal Employer prior to the deadline for submission of bids.
of Bids
24.2 The Bidder's modification or withdrawal notice shall be prepared, sealed,
marked, and delivered in accordance with the provisions of Clause 21, with the
outer and inner envelopes additionally marked "MODIFICATION" or
"WITHDRAWAL", as appropriate. A withdrawal notice may also be sent by
cable but must be followed by a signed confirmation copy.

Modifications should be submitted separately for “Qualification Information


and Bid security” and “Financial Bid” and the envelopes shall be
correspondingly marked as “Modifications – Qualification Information and
Bid security” and “Modifications – Financial Bid”

24.3 No bid may be modified by the Bidder after the deadline for submission of bids,
except in accordance with Sub-clause 24.1 and 29.2.

24.4 Except as provided in Sub-clause 24.1, withdrawal of a bid during the interval
between the deadline for submission of bids and the expiration of the period of
bid validity specified in Clause 16 may result in the forfeiture of the bid security
pursuant to Sub Clause 17.7.

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E. Bid Opening and Evaluation

25. Bid Opening 25.1 The Employer will open the Qualification Information and Bid Security envelope,
including withdrawals and modification made pursuant to Clause 24, in the
presence of bidder’s designated representatives who choose to attend, at the time,
date and location stipulated in the Bidding Data by a committee of officials.
The Financial Bid envelope will remain sealed signed by the committee and
deposited with Chairman of the Contract Award Committee or independent
authority until they are opened publicly. The bidder’s representatives who are
present shall sign a register evidencing their attendance.
25.2 Envelopes marked Withdrawal‖ will be opened first, and the name of the bidder will be
read out. Bids for which an acceptable notice of withdrawal has been submitted
pursuant to Clause 24 will not be opened. Subsequently Qualification
Information and Bid Security submissions will be opened and initialed by the
Committee of officials. No bid shall be rejected at bid opening except for late
bids pursuant to Clause 23.
25.3 Bidders shall not contact the Client on any matter relating to the bid from the
time of submission of the bid to the time the Contract is awarded except as
stipulated in causes 26 and 27.
25.4 The Employer will notify in writing the bidders that passed the Qualification
requirements and indicate the date, time, and address for opening of the
Bid envelopes. The opening date will not be sooner than five calendar
days after the notification date. The notification may be sent by registered
letter, cable, telex, facsimile or electronic mail.
25.5 The envelopes containing the Financial Bid of the firms that have passed
qualification requirement shall be opened.
25.6 The Employer shall prepare minutes of the bid opening, including the
information disclosed during the bid opening, to those notified in accordance
with Sub-Clause 25.4.
25.7 Financial Bids not opened and read out at bid opening shall not be considered
further for evaluation, irrespective of the circumstances.
26. Process to be 26.1 Information relating to the examination, clarification, evaluation, and
Confidential comparison of bids, and recommendations for the award of a contract, shall
not be disclosed to bidders or any other persons not officially concerned with
such process until the award to the successful bidder has been announced.
Any effort by a bidder to influence the Employer ‘s processing of bids or
award decisions may result in the rejection of the bidder ‘s bid.

27. Clarification of 27.1 To assist in the examination, evaluation, and comparison of bids, the
Bids and Employer may, at its discretion, ask any bidder for clarification of its bid,
Contacting the including breakdowns of unit rates. The request for clarification and the
Employer response shall be in writing or by cable, but no change in the price or
substance of the bid shall be sought, offered, or permitted except as required
to confirm the correction of arithmetic errors discovered by the Employer in
the evaluation of the

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Ethiopian Airlines
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bids in accordance with Clause 29.

27.2 From the time of bid opening to the time of Contract award, if any bidder
wishes to contact the Employer on any matter related to the bid, it should do
so in writing.
27.3 Any effort by the bidder to influence the Employer in the Employer’s bid
evaluation, bid comparison, or Contract award decisions may result in the
rejection of the bidder’s bid.
28. Examination of 28.1 Prior to the detailed evaluation of bids, the Employer will determine whether
Bids and each bid
Determination of
Responsive-ness (a) meets the eligibility criteria of Volume I of Section XIV and
Qualification criteria set in Volume II of Section XII of the Bidding
Document
(b) has been properly signed.

(c) is accompanied by the required securities.

(d) is substantially responsive to the requirements of the bidding documents


as set out in the Bidding Documents; and
(e) Provides any clarification and/or substantiation that the Employer may
require to determine responsiveness pursuant to Sub-Clause 28.2.
Furthermore, the bidder shall, if required, provide substantiation that the
Employer may require, pursuant to Sub- Clause 15.5.
28.2 A substantially responsive bid is one that conforms to all the terms,
conditions, and specifications of the bidding documents without material
deviation or reservation. A material deviation or reservation is one

(a) that affects in any substantial way the scope, quality, or performance of
the Works.
(b) that limits in any substantial way, inconsistent with the bidding
documents, the Employer’s rights, or the bidder’s obligations under the
contract; or

(c) whose rectification would affect unfairly the competitive position of


other bidders presenting substantially responsive bids.
28.3 If a bid is not substantially responsive, it will be rejected by the Employer
and may not subsequently be made responsive by correction or withdrawal
of the nonconforming deviation or reservation.

29. Correction of 29.1 Bids determined to be substantially responsive will be checked by the
Errors Employer for any arithmetic errors. Errors will be corrected by the
Employer as follows:

(a) where there is a discrepancy between the amounts in figures and in


words, the amount in words will govern; and
(b) where there is a discrepancy between the unit rate and the

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Ethiopian Airlines
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line-item total resulting from multiplying the unit rate by the quantity,
the unit rate as quoted will govern, unless in the opinion of the
Employer there is an obviously gross misplacement of the decimal
point in the unit rate, in which case the line-item total as quoted will
govern and the unit rate will be corrected.

29.2 The amount stated in the bid will be adjusted by the Employer in accordance
with the above procedure for the correction of errors and, with the
concurrence of the bidder, shall be considered as binding upon the bidder. If
the bidder does not accept the corrected amount of bid, its bid will be rejected.
30. Conversion to 30.1 For comparison of bids, the Bid Price, corrected pursuant to Clause
Single Currency 29, shall first be broken down into the respective amounts payable in
for Comparison various currencies by using the exchange rates specified by the
of Bids bidder in accordance with Sub-Clause 15.3.

30.2 In the second step, the Employer will convert the amounts in various
currencies in which the Bid Price is payable (excluding Provisional Sums but
including Day works where priced competitively) to the currency of the
Employer ‘s country at the selling rates established for similar transactions
by the authority specified in the Bidding Data on the date stipulated in
the Bidding Data;

31. Evaluation and 31.1 The Employer will evaluate and compare only the bids determined to be
Comparison of substantially responsive in accordance with Clause 28.
Bids
31.2 In evaluating the bids, the Employer will determine for each bid the
Evaluated Bid Price by adjusting the Bid Price as follows:

(a) making any correction for errors pursuant to Clause 29.

(b) excluding Provisional Sums and the provision, if any, for contingencies
in the Summary Bill of Quantities, but including Day works, were
priced competitively.
(c) converting the amount resulting from applying (a) to (b) above and (f)
below, if relevant, to a single currency in accordance with Clause 30.

(d) making an appropriate adjustment on sound technical and/or financial


grounds for any other quantifiable acceptable variations, deviations, or
alternative offers.
(e) making an allowance for varying times for completion offered by
bidders, if permitted in the Bidding Data and in the manner prescribed
therein; and

(f) Applying any discounts offered by the bidder for the award of more
than one contract, if bidding for this Contract is being done
concurrently with other Contracts (Sub-Clause 13.2).

31.3 The Employer reserves the right to accept or reject any variation, deviation,
or alternative offer. Variations, deviations, alternative offers, and other
factors that are in excess of the requirements of the bidding documents
shall not be taken into account in bid evaluation.

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31.4 The estimated effect of the price adjustment provisions of the Conditions of
Contract, applied over the period of execution of the Contract, shall not be
taken into account in bid evaluation.
31.5 If the bid, which results in the lowest Evaluated Bid Price, is seriously
unbalanced or front loaded in relation to the Engineer’s estimate of the items
of work to be performed under the Contract, the Employer may require the
bidder to produce detailed price analyses for any or all items of the Bill of
Quantities, to demonstrate the internal consistency of those prices with the
construction methods and schedule proposed. After evaluation of the price
analyses, taking into consideration the schedule of estimated Contract
payments, the Employer may require that the amount of the performance
security set forth in Clause 37 be increased at the expense of the bidder to a
level sufficient to protect the Employer against financial loss in the event of
default of the successful bidder under the Contract.
32. Preference for 32.1 If so, indicated in the Bidding Data, domestic bidders may receive a margin
Domestic of preference in bid evaluation for which this clause shall apply.
Bidders
32.2 Domestic bidders shall provide all evidence necessary to establish that they
meet the following criteria to be eligible for a 7½ percent margin of
preference in the comparison of their bids with those of bidders who do not
qualify for the preference.

32.3 A domestic bidder is one that meets the following criteria:

(a) for an individual firm:


(i) is registered in the country of the Employer.
(ii) has more than 50 percent ownership by nationals of the
country of the Employer.
(iii) Does not subcontract more than 10 percent of the Contract Price,
excluding Provisional Sums, to foreign contractors.

(b) for a joint venture (JV) of domestic firms:


(i) individual member firms shall satisfy Sub-Paragraphs
32.3 (a) (i) and (a) (ii) above.
(ii) the JV shall be registered in the country of the Employer; (iii)
the JV shall not subcontract more than 10 percent of the
Contract Price, excluding Provisional Sums, to foreign
firms.

32.4 The following procedure will be used to apply the margin of preference:
(a) After bids have been converted to a single currency in accordance with
the provisions of Paragraphs 31.2 (c) above, responsive bids will be
classified into the following groups:
(i) Group A: bids offered by domestic bidders and joint ventures
meeting the criteria set out in the above Sub-

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Clause 32.3; and

(ii) Group B: all other bids.


(b) For the purpose of further evaluation and comparison of bids only, an
amount equal to 7½ percent of the evaluated Bid Price determined in
accordance with the provisions of Paragraphs 31.2 (a), (b), (c), and,
where applicable, (f), will be added to all bids classified in Group B.
32.5 Alternative offers, where solicited or permitted, will be evaluated separately,
in accordance with the provisions of Clause 18, and shall be subject to
the margin of preference in accordance with Sub- Clause 32.4.
F. Award of Contract

33. Award 33.1 Subject to Clause 34, the Employer will award the Contract to the bidder
whose bid has been determined to be substantially responsive to the bidding
documents and who has offered the lowest Evaluated Bid Price pursuant
to Clauses 31 and 32, provided that such bidder has been determined to be

(a) eligible in accordance with the provisions of Sub-Clause 3.1;


and
(b) Qualified in accordance with the provisions of Clause 5.
33.2 If, pursuant to Sub-Clause 13.2, this Contract is being let on a ―slice and
package‖ basis, the lowest evaluated Bid Price will be determined when
evaluating this Contract in conjunction with other contracts to be awarded
concurrently, taking into account any discounts offered by the bidders for
the award of more than one contract.
34. Employer’s Right 34.1 The Employer reserves the right to accept or reject any bid, and to annul the
to Accept Any Bid bidding process and reject all bids, at any time prior to award of Contract,
and to Reject Any without thereby incurring any liability to the affected bidder or bidders or any
or All Bids obligation to inform the affected bidder or bidders of the grounds for the
Employer ‘s action.

35. Notification of 35.1 The employer shall notify the evaluation result to all the bidders within
Award five days of completion and approval of evaluation of the bids.
If any unsuccessful bidder believes that the has been unfairly treated during
evaluation, he may lodge a complaint to the CEO of Ethiopian Airlines
Group within five working days of his receipt of notification for being
unsuccessful. The CEO will respond within fifteen working days. If the firm
is dissatisfied with Ethiopian Airlines Group response or Ethiopian Airlines
Group does not issue the decision in fifteen days, he may take up the matter
to the Board of Directors of Ethiopian Airlines, within five working days
with a copy to the CEO of Ethiopian Airlines Group. Otherwise, if the
bidder does not lodge complaint in the specified dates, it shall be considered
that the bidder has accepted the evaluation result and

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Ethiopian Airlines Group’s response.


35.2 Prior to expiration of the period of bid validity prescribed by the Employer,
the Employer will notify the successful bidder in writing that its bid has
been accepted. This letter (hereinafter and in the Conditions of Contract
called the “Letter of Acceptance”) shall specify the sum that the Employer
will pay the Contractor in consideration of the execution and completion of
the Works and the remedying of any defects therein by the Contractor as
prescribed by the Contract (hereinafter and in the Conditions of Contract
called “the Contract Price”).
35.3 The notification of award will constitute the formation of the Contract.
35.4 Upon the successful bidder’s furnishing of the performance security pursuant
to ITB Clause 37, the Employer will promptly notify the name of the
winning bidder to each unsuccessful bidder and will discharge the bid
security of the unsuccessful bidders, pursuant to ITB Clause 17.
36. Signing of 36.1 At the same time that the Employer notifies the successful bidder that its bid
Agreement has been accepted, the Employer will send the bidder the Agreement in
the form provided in the bidding documents, incorporating all agreements
between the parties.
36.2 Within 28 days of receipt of the Letter of Acceptance, the successful bidder
shall sign the Agreement and return it to the Employer, together with the
required performance security.
36.3 Upon fulfillment of Sub-Clause 36.2, the Employer will promptly notify
the other bidders that their bids have been unsuccessful, and their bid
security will be returned as promptly as possible, in accordance with Sub-
Clause 17.5.
37. Performance 37.1 Within 28 days of receipt of the Letter of Acceptance from the Employer,
Security the successful bidder shall furnish to the Employer a performance security
in the form provided in Section IX of the bidding documents. This form
must be used unless another form proposed by the Bidder is approved by the
Employer.

37.2 I f it is stipulated in the Bidding Data that the performance security is to be


provided by the successful bidder in the form of a bank guarantee, it shall
be issued either at the bidder’s option, by a bank located in the country
of the Employer or by a foreign bank through a correspondent bank located
in the country of the Employer.

37.3 If it is stipulated in the Bidding Data that the performance security may also
be provided by the successful bidder in the form of a bond, it shall be issued
by a bonding or insurance company that has been determined by the
successful bidder to be acceptable to the Employer. A foreign institution
providing a bond shall have a correspondent financial institution located
in the Employer ‘s Country.

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37.4 Failure of the successful bidder to comply with the requirements of Clauses
36 or 37 shall constitute a breach of Contract, cause for annulment of the
award, forfeiture of the bid security, and any such other remedy the
Employer may take under the Contract, and the Employer may resort to
awarding the Contract to the next ranked bidder.
38. Disputes Review 38.1 The disputes review method (i.e., the Disputes Review Board or the Disputes
Method Review Expert) is indicated in the Bidding Data. The Employer and the
successful bidder will select Disputes Review Board members or the
Disputes Review Expert, as the case may be, according to the procedure
set forth in Clause 67 of the Conditions of Particular Application.
39.1 The Employer requires that its officials as well as bidders / suppliers
39. Corrupt & / Contractors under this and similar contracts, observe the highest standard
Fraudulent of ethics during the procurement and execution of such contracts. In
Practices pursuance of this, the Employer:
(a) Defines, for the purposes of this provision, the terms set forth below
as follows:
(i) “Corrupt practice” means the offering, giving, receiving, or
soliciting of anything of value to influence the action of a public
official in the procurement process or in contract execution; and

(ii) “Fraudulent practice” means a misrepresentation of facts in order


to influence a procurement process or the execution of a contract
to the detriment of the Borrower and includes collusive practice
among bidders (prior to or after bid submission) designed to
establish bid prices at artificial noncompetitive levels and to
deprive the Borrower of the benefits of free and open competition.

(iii) “Collusive practice” means a scheme or arrangement between


two or more bidders, with or without the knowledge of the
Employer, designed to establish bid prices at artificial,
noncompetitive levels; and

(iv) “Coercive practice” means harming or threatening to harm,


directly or indirectly, persons or their property to influence their
participation in the procurement process or affect the execution
of a contract.

(v) "Obstructive Practices" is

(a) deliberately destroying, falsifying, altering or concealing of


evidence material to the investigation or making false
statements to investigators in order to materially impede an
Employer's investigation in to allegations or a corrupt,
fraudulent, coercive or collusive practice; and/or threatening,
harassing or intimidating any part to prevent it from
disclosing its knowledge matters relevant to the investigation
or from

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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

pursuing the investigation, or

(b) acts intended to materially impede the exercise of the


Employer's inspection and audit rights.
(b) Will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, coercive practices or obstructive
practices in competing for the Contract in question.

(c) Will sanction a firm or individual, including declaring them


ineligible, either indefinitely or for a stated period of time, to be
awarded a government-financed contract if it at any time determines
that they have, directly or through an agent, engaged, in corrupt,
fraudulent, collusive, coercive practices or obstructive practices in
competing for, or in executing, a government-financed contract; and
39.2 Furthermore, bidders shall be aware of the provision stated in Sub- Clause
63.5 of the General Conditions of Contract, Part II— Conditions of
Particular Application.

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SECTION III

BIDDING DATA

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Bidding Data
Whenever there is a conflict, the provisions herein shall prevail over those in the Instructions to Bidders.
Instruction Bidding Data
to
Bidders
Clause
1.1 Name and address of the Employer:
Ethiopian Airlines Group
Africa Avenue, Bole International Airport
Tel.: +251 115 174258
Addis Ababa
Ethiopia
1.1 Summary of the Works:

The scope of the work consists of the design and construction of the following
major facilities but not limited to:
Landscaping, Greenery Development & Associated Works
The Design Build Contractor shall submit and get approval from employer for the
design and built of the project commencement of construction work.

1.2 Time of completion of the project is 150 Calendar days including 10 days
of mobilization.
365 Calendar days of Defect Liability
2.1 The Source of Fund: The Employer
3.1 Foreign bidders are not eligible for this bid.
5.2 Joint Venture association is not allowed in this project
10.1 Address to request any clarification:

Procurement & Supplies Chain Management


Ethiopian Airlines Group Tel: +251 11 5 174258
selamawita@ethiopianairlines.com
Addis Ababa
Ethiopia
Bidders can present their clarification request up to 14 days prior to the bid opening
date.
12.1 Bid Language is English
14.1, 14.2, The financial proposal and agreement shall be a lump sum contract and bidder shall be
14.3 responsible for the quantity and for missed items and no variation is entertained in the
contract generally due to the site condition and for missed quantity. Bidders are required
to include all work to make the project complete and operational.

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14.4 The Contract is NOT subject to any price adjustment.


15.1 Bidders shall quote in Ethiopian Birr (ETB)
Bidders are required to submit with their document payment term along with
milestone.
15.2 Currency of the bid shall be the Ethiopian Birr.
16.1 Period of bid validity.
The period of Bid Validity shall be 120 days from the latest date for submission of
bids+ 28 days, extended, if applicable, in accordance with the provisions of sub-clause
22.2 of the Instructions to Bidders.
17.1
The amount of the bid security shall be Birr 100,000.00 (One Hundred
Thousand Birr only) in the form of CPO or unconditional Bank Guaranty.

18.1 Alternative time of completion: Not Applicable


19.1 The Pre-Bid Meeting shall be held: To be advised.
Venue
Attention: Floor/Room number:
Procurement & Supply Chain Management Department
Street Address: Ethiopian Airlines Head Office, Africa Avenue, Bole
International Airport
City: Addis Ababa Post
Code: 1755
Country: Ethiopia
Telephone: 011-517-4258
E mail address: selamawita@ethiopianairlines.com -----------------------------------
20.1 ----
Number of copies of bid to be completed and returned.
One Original Plus One Copy
21.2(a) Employer’s address for the purpose of bid submission is:
Name and address of the Employer:
Attention: Floor/Room number:
Procurement & Supply Chain Management Department
Street Address: Ethiopian Airlines Head Office, Africa Avenue, Bole
International Airport
City: Addis Ababa Post
Code: 1755
Country: Ethiopia
Telephone: 011-517-4258
E mail address:
21.2 (b) The name and identification number of the contract is:
Design- Build of Main Entrance Gates Construction and Related project
for Ethiopian Aviation University.

Identification No: None

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21.2 (c)
Do Not Open Before: April 15, 2024 – 03:00 PM
22.1 Deadline for submission of bid is:
April 15, 2024 – 03:00 PM
Time: 03:00 PM
25.1, 25. 2, Venue, time, and date of bid opening are:
25.3, 25.4,
25.5, Venue
25.6, 25.7 AttentionFloor/Room number:
Procurement & Supply Chain Management Department
Street Address: Ethiopian Airlines Head Office, Africa Avenue, Bole
International Airport
City: Addis Ababa
Post Code: 1755
Country: Ethiopia
Telephone: 011-517-4258
E mail address:
Date April 15, 2024
Time: 03:00 PM
Ethiopian Airlines Group to get maximum advantages in the financial evaluation and
further negotiation with possible bidders the following steps shall be followed by
disregarding ITB 25.
1. Technical documents of bidders opened in front of bidders and bid evaluation
committee members
2. Bidders who are technically responsive and qualified shall be considering for
financial evaluation.
3. Ethiopian Airlines shall not communicate bidders for any result of the
technical evaluation.
4. Those bidders who are technically responsive, their document shall be
opened in front of the Bid Evaluation committee members and without the
presence of bidders.
5. Those bidders who give the best & the lowest financial offer will call for
further negotiation. After the negotiation a bidder who gives the lowest
price offer shall be called for contract negotiation.
6. All bidders shall be notified for the bid result, and they can file their concern
within 5 days.
7. Contract shall be concluded with the winner bidder.

30 Currency exchange is not applicable.


31.2 (e) Allowance for varying time of completion: Not Applicable
32 The article is not applicable.
36.2 The winner bidder shall sign the contract within 5 days and furnish the performance
security in 5 days.
37.2 The Performance Security shall be provided in the form of an
Unconditional Bank Guarantee.
37.3 The amount of Performance Security is amount of 10 % of the Contract
Price.
38 Disputes Review Method is: Not applicable.

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Section IV- Part I:


General Conditions of Contract

Employer: Ethiopian Airlines Group – Ethiopian Airlines

Name of Contract: Design-Build of Main Entrance Gates Construction and Related project for
Ethiopian Aviation University.

CONDITIONS OF CONTRACT

PART I: GENERAL CONDITIONS

Conditions of Contract for EPC/Turn-key projects


FIDIC FIRST EDITION 1999 VERSION SHALL BE
APPLICABLE

Copies of the FIDIC Conditions of Contract can be obtained from:

FIDIC Secretariat
P.O. Box 86
1000 Lausanne 12
Switzerland

Facsimile: 41 21 653 5432


Telephone: 41 21 653 5003

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 SECTION IV – PARTICULAR
CONDITIONS OF CONTRACT
(“PCC”)
All Clauses and Sub-clauses mentioned in this Particular Conditions of Contract (“PCC”)
shall be read in conjunction with the General Conditions of Contract (GCC).

Sub – Clause
Delete the Sub Clause 1.1.1-Documents and replace with the following:
1.1
Definition
“Contract” means these GCC, PCC, the completed Contract Agreement
and the following agreed documents:
- The Letter of Acceptance
- Payment Schedule and Breakdown of Contract Price
1.1.1.1
- The Employer’s Requirements
- The Tender Documents
- Letter of Offer and Correspondences of Pre-award Negotiation
- Other documents as may be expressly incorporated in the Letterof
Acceptance

“Employer’s Requirements” means the agreed description of the scope,


standard, specifications, design criteria and program of work as includedin
1.1.1.3
the Contract, and any alternations and modifications thereto in accordance
with the Contract.

The following is added at the end of the paragraph;


1.1.1.4 The words “Tender, and Tenderer” shall have the same meaning as “Bid
and Bidder respectively”

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1.1.2.2 The Employer is:


 Ethiopian Airlines Group
Bole International Airport, P.O. Box: 1755, Africa Avenue,
Addis Ababa, Ethiopia

1.1.2 Parties 1.1.2.3 The Contractor is: _________________


Tell: _________________
and Fax: __________________
Addis Ababa ____________
Persons Ethiopia _________________

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1.1.2.4 The Employer’s Representative is an independent consulting firm


which shall be appointed by the Employer and notified to the
Contractor.
1.1.2.5
1.1.2.6 1.1.2.5 The Contractor’s representative is the Contractor’s Project Manager
at site.
1.1.2.7
1.1.2.8 1.1.2.6 The Employer Personnel is the assigned Project Engineer from
head office for Contract Administration, Engineering Design Review and
Construction Supervision.

1.1.3.1 The Base Date could be defined as a particular calendar date.


1.1.3.2 The Commencement Date is 5 calendar days after Site Possession
as per sub-clause 2.1.
1.1.3.4 Time for completion” means the time for completing the Works
1.1.3 Dates, and passing the Tests on completion 120 Calendar days from the
Tests, Commencement Date or as extended under sub cause 12.3
Periods and
Completion

1.1.4.1 "Contract Price" means the price defined in Sub-Clause 14.1 [The
1.1.4 Money and Contract Price] and includes adjustments in accordance with the terms
Payments and conditions of the Contract.
Amend sub clause 1.4 “Law and Language” as follows
“This Contract shall be governed by and construed in accordance with
Sub clause 1.4 the laws of the Federal Democratic Republic of Ethiopia. The language for
Law and day to day communication between the Parties shall be English.The ruling
Language language of this Contract shall be the English language.

Sub-Clause 1.5 Delete the type of Document and substitute by:


Priority of 1. The Contract Agreement;
Documents 2. The Letter of Acceptance
3. The Particular Conditions of Contract;
4. The General Conditions of Contract;
5. Employer’s Requirements;
6. Tender Document

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7. Performance Security;
8. The Contractor’s Proposal;
9. Addendum to the bidding document, Contractor’s Offer, Appendix
to Bid/Offer and Payment Schedules;
10. Minutes of Pre-Contract award discussion
11. Anti-Bribery Pledge Form
12. Forms of Advance Payment;
13. Disputes Settlement Procedure

The following item (c) is added at the end of item (b) of Sub-Clause 1.13;
“The Contractor shall submit in Good time the details of goods to the
Sub clause 1.13
Employer, who shall then promptly obtain all import permit or licenses
Compliance
required for these Goods. The Employer shall also obtain or grant all
with laws
contents including permit-to-work, way leaves and approvals required
for the Works.”
Possession of land for the Employer’s Representative and Contractor’s
establishment shall be effected up on notification of the Employerfollowing
clearing of project site from farmer’s properties. In light with this, the
Sub-Clause
Contractor shall give the Employer’s Representative with a copy to the
2.1 Right of
Employer, not less than three months’ notice of his requirement for road
Accessto
reserve, detour, and borrow pits, quarry sites, stockpiling area and spoil area
the Site
and the remaining sections as per the Contractor’s work program or any
reliable proposal.

The following sub-clause is added at the end of sub-clause 3.1


“The Employer will appoint a Consulting Engineer to act on behalf of the
Employer to supervise the overall performance of the Contractor in respect
the design, procurement, execution of the Works and administration of the
Contract. Any approval of the Employer’sRepresentative does not release the
Contractor from his/herresponsibility for the correctness and completeness
Sub-Clause 3.1
of the Works.”
Employer’s The Employer’s Representative shall obtain the specific approval of the
Representative Employer before taking any of the following actions specified in Part I:

(a) Consenting to the Sub-letting of any part of the Works

(b) Certifying additional cost

(c) Awarding an extension of time

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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

(d) Issuing any variation,

(e) Certifying payment if the Contract Price will be exceeded;

(f) Issuing any taking-over certificate;

(g) Authorizing the use of provisional sums in excess of the monetary


limit for variations;
(h) Issuing Defect Liability Certificate

(i) Claims approval

(j) Fixing rates or prices

(k) Termination of the Contract

(l) Final payment certificate

“Notwithstanding the obligation, as set out above, to obtain approval, if


in the opinion of the Employer’s Representative, an emergency occurs
affecting the safety of life or the Works or of adjoining property, he/she
may, without relieving the Contractor of any of his/her duties and
responsibilities under the Contract, instruct the Contractor to execute all
such Works or to do all such things as may, in the opinion of the
Employer’s Representative, be necessary to abate or reduce the risk. The
Contractor shall forthwith comply, despite the absence of approval of the
Employer, with any such instruction of the Employer’s Representative.
The Employer’s Representative shall determine in addition to the
Contract Price, and shall notify the Contractor accordingly, with a copy
to the Employer.”

Replace the text of Sub clause 4.2 with the following

Amount of Performance Security shall be 10 (Ten) % of the Contract Price


in the currencies in which the Contract Price is payable.

“The Contractor shall provide the Performance Security to the Employer


Sub Clause 4.2
within twenty-eight (28) calendar days from the Effective Date and the
Performance Performance Security shall remain valid until 28 (twenty-eight) calendar
Security days after the final acceptance. The Performance Security shall be in the
form of absolute, unconditional and irrevocable bank guarantee as
stipulated by the Employer. The Contractor shall notify the Employer’s
Representative when providing the Performance Security to the Employer.

Without limitation to the provision of the preceding paragraph, whenever


the Employer’s Representative adjusts to the Contract Price as

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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

a result of a change in cost and /or legislation or as the result of a variation


amounting to more than 25 percent of the portion of Contract Price payable
and which shall always be made as contemplated in the Contract, the
Contractor, at the Employer’s Representative written request, shall
promptly increase the value of the Performance Security by an equal
percentage at his/her own cost. The Performance Security shallbe valid
until the Contractor has executed and completed the Works and remedied
any defects. It shall be returned to the Contractor within 14calendar days
after the issuance of the Performance Certificate.

Sub Clause 4.3


Contractor’s In the paragraph replace “effective date” by “Commencement Date”
Representative
At the end of sub-clause 4.5 (e) add:
Sub Clause 4.4 Proposals for subcontracting elements of the Works such that the
percentage of subcontracting shall be a maximum of 30% of the Contract
Subcontractors Price. The Subcontracting shall not include Asphalt Works of the project.

The following item (f), (g) and (h) are added at the end of item (e) of Sub-
Clause 4.8;
“(f) Regulations concerning entrance to and movement within the
Employer’s facility as well as all applicable safety and security rules and
procedures have to be strictly observed by all workers, suppliers and
other persons employed by the Contractor for whose action or omissions
will the Contractor be liable. The Employer reserves the right to reject,
and/or deny access to any personnel or permitted sub-Contractor of the
Sub Clause 4.8
Contractor for non-observance of any safety and security rules and
Safety
procedures of the Employer or any applicable authority.
Procedures
At the commencement of the Works on site, the Contractor shall designate
one of its senior staffs, who shall have knowledge of safety and security
regulations on similar projects, as safety officer. This safety officer shall
ensure that all applicable safety rules and procedures shall be complied
with and shall also promote safety and security at the site.
The Contractor shall ensure that the Works are carried out in such a manner
that does not present hazardous conditions to properties present
at the site.”
Amend the first paragraph as:
Sub Clause 4.10 The Contractor shall be responsible for collecting and interpreting all the
Site Data data on hydrology of the site and studies on environmental impact and
the available data shall not absolve the Contractor from its obligation.

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Ethiopian Airlines
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Delete the contents of Sub-Clause 4.18 in its entirety and replace by:
The Contractor shall carry out, without limitation, the following
measures with a view to reducing or eliminating adverse
environmentaleffects by the site Works:
i. All quarries, borrow pits, diversions and detours shall be filled and
landscaped, as far as practical, to their original condition after
extraction of construction material.
ii. Soil erosion due to the surface runoff or water from culverts or
other drainage structures should be avoided by putting in place
proper erosion control measures.
iii. Long traffic diversion roads shall be avoided so as to minimize
theeffect of dust on the surrounding environment. In any case,
all diversions shall be kept damp to reduce dust.
iv. Haulage routes shall be kept as short as possible and watered
as necessary.
v. Spillage of oil, fuel, and lubricants shall be avoided. If spilt, they
shall be collected and disposed of in such a way as not to adversely
affect the natural environment.
Sub Clause vi. Rock-blasting near settlement areas shall be properly
4.18 coordinated with the relevant officers of the Employer’s
government in an attempt to minimize levels of noise pollution
Protection of
and communityinterference.
the
The formulation and enforcement of an adequate safety program shall be
Environment
the obligation of the Contractor with respect to all the Works under this
Contract, regardless of whether performed by the Contractor or his
Subcontractors. The Contractor shall, within 14 calendar days after
commencement of the Works, meet the Employer’s representative to
present and discuss his plan for the establishment of such safety measures
as may be necessary to provide against accidents, unsafe acts, and so
forth. Within 28 calendar days after commencement of the Works, the
Contractor shall submit a written safety, security and environmental
protection programs to the Employer’s Representative covering
the
overall Works and based on the laws and regulations of Ethiopia.
In addition, the contractor shall prepare special safety programs for
blastingand handling of explosives as may be stipulated in the
Specifications.
a. The Contractor shall take all due precaution to avoid soil and
water contamination by spillage of oil, grease, fuel and paint in
the equipment yard, workshop or site of work. Lubricants
should be recycled.
b. The Contractor shall install pollution control device in his
asphaltplant.
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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

c. The Contractor shall implement re-plantation and grading of steep


slopes in quarries and borrow pits to prevent disfiguration of
landscape.
d. The Contractor shall implement compensatory afforestation
planto counteract destruction of vegetation when required to do
so bythe Employer’s Representative. The Contractor shall pay
proper attention to the aspect of borrow pit drainage to prevent
formation of stagnant pools of water and incidence of mosquito
vectors. All borrow pits will be provided with efficient drains
which shall be connected to the natural outfalls.
e. Notwithstanding implementation of any other provision
contained in the Conditions of Contract, the failure on the part
of the Contractor or its staff in the cases listed below will be
considered default on the part of the Contractor.
 Poor sanitation and solid waste in the worker’s camp
 Possible transmission of communicable diseases
between local people and the Contractor’s workers,
includingHIV/AIDS
 Poaching by the Contractor’s workers and
 Illegal invasion of indigenous people by Contractor’s
labor.

f. All lights provided by the Contractor shall be screened so as not


tointerfere with any traffic or signal lights of any local or other
authority.
g. The Contractor shall be deemed to be in possession of and
ensure that the Contractor’s personnel are fully aware of
relevant safetyregulations.
h. The Contractor shall ensure that all equipment, tools and other
items used in accomplishing the Works, whether purchased,
rented or otherwise provided by the Contractor are in safe,
sound and good condition for performing the intending
function.
Sub Clause 4.19 Amend the Text of this Sub clause to read:
Electricity, The Contractor shall use its own arrangements for electricity, water, gas
Water and Gas and other services as may be available on the Site and of which details are
given in the Employer’s Requirements. The Contractor shall, at his risk
and cost provides any apparatus necessary for such determination and
for his use of these services. The Contractor shall also provide Electricity,
Water and Gas to the Employer’s Representative as specified in the
Employer’s Requirements. The quantities consumed by the Employer’s
Representative shall be covered in the Contract.
Sub-Clause 4.21 The progress reporting days shall be once per a week at 5th day of each
Progress Reports week with soft copy and two original hard copy.

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Ethiopian Airlines
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Sub-Clause The following Sub-Clause is added at the end of Sub-Clause 4.23;


4.23 The materials which shall be used by the Contractor for the
Contractor’s temporary fence of the Works site shall be acceptable to the safety and
Operations security requirement.
on Site
Sub Clause Add to Clause 4 the following Sub-Clause 4.25
4.24 Fossils
a. Materials available on the site or materials made available or
supplied by the Employer shall be used solely for the
executionof the Works;
b. The Contractor shall minimize the pollution of and
disturbanceof lands, roads and other places on and around the
Site. No treesor other vegetation shall be removed except to the
extent necessary for the Works;
c. The Contractor shall comply with the current Government
rulesand regulations with regard to the transport, storage and
use of explosives and radio-active materials and radio
communication equipment;
d. The Contractor shall take all reasonable precautions:
i. in connection with any rivers, streams, waterways, drains,
water courses, lakes and the like to prevent as a consequence
of the Works, silting, erosion of beds and banks and pollution
of the water so as to affect adversely the quality or appearance
thereof or cause injury or death to human, animal or plant life;
ii. in connection with underground water resources (including
percolating water) to prevent any interference as a
consequence of the Works with the supply to or abstraction
from such sources and to prevent pollution of water so as
toaffect adversely the quality thereof.
e. The Contractor shall provide, maintain and remove on
completionof the Works, settling lagoons and other facilities to
minimize pollution due to the Contractor’s operations
including but not limited to quarrying, aggregate washing,
concrete mixing andgrouting

f. The Contractor shall provide, maintain and remove on


completionof the Works, fencing around the site installations
including housing, camps, offices and laboratories and provide
appropriate security measures on access roads thereto, but
without prejudice to his obligations including maintenance of
free access for the Employer, the Employer’s Representative,
other Contractors and any Other persons entitled to such
access.

g. All buildings erected by the Contractor upon the site and camp

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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

sites, and the layout of the buildings and the sites, shall comply
with the Laws of the Federal Democratic Republic of Ethiopia
andall local By-laws in so far as they are applicable;

h. The Contractor shall be absolutely and solely responsible for


the safety and security of Temporary Works including (but not
limited to) all work yards, pilings, staging, dams, coffer dams,
trenches, fencing or other Works and for the Plant and
Contractor’s Equipment in connection therewith which may be
erected orprovided for the carrying out of the Contract and for
the executionof the Works.

This provision shall be applicable to all temporary Works, Plant and


Contractor’s Equipment whenever provided and erected by the
Contractor or his Subcontractors for the purpose of or in connection with
the Works.

Examination by the Employer’s Representative of the Contractors or


his Subcontractors’ Temporary Works or the drawings connected
therewithshall not absolve the Contractor from any liability imposed
upon him bythe provisions of the Contract.”
Sub Clause 5.2 The following Sub-Clause is added at the end of Sub-Clause 5.2;
Contractor’s The technical documents required satisfying the regulatory approvals
Documents include but are not limited to: -
 Design
 Qualification information
 Technical specification
 Design report
 Working method
 Work program
 Environmental Impact Assessment and
 Feasibility Study
The Contractor’s Documents, which are to be submitted to the
Employer for review, shall be reviewed within 7 working days,
calculated from the date on which the Employer receives the
Contractor’s Document and
notice.

Sub-Clause Normal working hour is as defined in the applicable labor law of the
6.5Working Federal Democratic Republic of Ethiopia which includes any
Hours subsequentamendments thereto.

Sub-Clause The following additional sub-clauses are added at the end of Sub-Clause
6.8 6.8;
Contractor’s “The Contractor may import any personnel who are necessary for the
Superintend execution of the Works. The Contractor must ensure that these
ence personnel are provided with required residence visas and work permits
at its own cost and expense. The Contractor shall be responsible for the
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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

return to the place where they were recruited or to their domicile of


importedContractor’s personnel. In the event of the death in the Country
of any of these personnel or members of their families, the Contractor
shallsimilarly be responsible for making the appropriate arrangements
for their return or burial.
The Contractor shall not import, sell, give, barter or otherwise
dispose of any alcoholic liquor or drugs or permit or allow
importation, sale, gift, barter or disposal by Contractor's Personnel;
and/or shall not give, barter or otherwise dispose of to any person or
persons, arms ammunition of any kind, or allow Contractor’s
Personnel to do so. The Contractor shall respect the Country’s
recognized festivals, days of rest and religious or other customs in
accordance with the applicable federal and/or regional
rules, regulation and laws.
Sub-Clause In addition to Testing defined in clause 7.4, the Employer’s
7.4 Testing Representative and the Contractor shall carryout all the necessary tests
at every stage of the Works. Whenever it is deemed necessary that the
tests shall be executed outside the project; the Employer’s
Representative shall fix the place and the time of execution of the tests.
Sub-Clause The following item (c) is added after item (b) of Sub-Clause 7.8;
7.8Royalties “(c) the Employer when requested by the Contractor may assist in
acquiring permission for disposal area but in no case the location and
thedistance of the disposal area affect the Contract Price.”
Sub-Clause Amend the paragraph as the Commencement Date shall be 15
8.1 calendar days from the site handover (Possession of project site) as per
Commencem sub-clause2.1.
entof Works
Sub-Clause 8.2 Add the following at Sub-Clause 8.2:
Time for The Time for Completion of the whole Works shall be 120 Calendar days
completion including two (2) weeks design period from the Commencement Date.

Delete the phrase “and each Section” and “or such Section” from the
firstand third line.
Add the following at the end of Sub-Clause 8.2:
“Section means as defined in sub clause 1.1.6.9 of Appendix to Offer. The
Contractor may request upon substantial completion for taking over of
the sections and the Employer’s Representative shall issue a taking-over
certificate for one or more sections, stating the date on which, in his
opinion, the Works were substantially completed in accordance with the
Contract.”

The Contractor shall note that there shall be no requirement for the
Engineer to certify the Works to be “substantially completed” and
issue taking over certificate in accordance with Clause 10 of General
Conditions of Contract, unless the following portions of the Works
are completed according to the Specifications:
(a) Airfield Elements (which includes Runway, Taxiway,

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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

Apron, Runway Strip, Stop-way, Clearway, Runway End


Safety Area and other physical characteristics of an airfield
as per ICAO standards);
(b) Perimeter Fence;
(c) Associated Drainage and Structure Works

Sub-Clause 8.3 Delete Sub-Clause (a) to (d) and replace by:


Program
The Program shall be submitted in two copies in the form of a Critical
Path Method Network (CPM Network) showing the order of
procedure and description of the construction methods and
arrangements by which theContractor proposes to carry out the Works
within 2 weeks (two) calendar days after Commencement Date.

In addition, the aforesaid critical path program should be


supplementedby;
i. provision of the carrying out the design (which shall not
exceed two weeks from commencement) Employer
Representative’s Site facilities including adequate transport
facilities, complete with all services, fully furnished and
equipped and functional in all respects, to the Employer
Representative’s satisfaction;
ii. A Gantt/time-bar chart detailing each construction activity,
showing for each construction activity; the periods of
construction activity planned; the percentage completion
anticipated per month; the total estimated quantity of work;
the average monthlyproduction planned; and
iii. a detailed work method statement in respect of each
construction activity. It should also be supplemented by a
time-bar chart of the same Program. The Program shall be
coordinated with climatic, groundwater and other conditions
to provide for the completion of the Works in the order and
by the time specified. The Program shall be revised at
quarterly intervals and should include a chart of the principal
quantities of the forecast for execution monthly.

The Program shall detail the equipment and labor resources to be


allocated to each and every construction operation, and shall
aggregate, on a weekly basis, all equipment and labor, to show the
total numbers ofeach category of equipment and labor required at any
given time in order to allow the Contractor to adhere to the program.

The Program shall detail the Contractor’s intentions for mobilization


at the Site, clearly stating deadlines for completion and delivery

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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

dates, as appropriate, and shall include but shall not be limited to:
provision of the Contractor’s establishment, including offices,
accommodation, workshops, secure stores, complete and, in the
Employer Representative’s opinion, adequately serviced, furnished
andequipped and functional in all respects;

The detailed work method statement of each particular construction


activity shall list by category/type and quantity the labor, skilled
labor, supervisors, plant, equipment and materials to be employed
on theparticular construction activity; together with: the estimated
average daily production anticipated; the estimated equipment
availability and utilization factor anticipated; and a detailed step
description of the way in which resources are to be utilized to
achieve the construction.

The Contractor shall submit to the Employer’s Representative a


general description of his proposed arrangements and methods for
the executionof the Works, including, inter alias, temporary offices,
buildings, access roads, construction equipment and its intended
production output, working shift arrangements, labor strength,
skilled and unskilled, and supervision arrangements, power supply
arrangements, supply of materials including a materials utilization
program, stone crushing, aggregate production and storage, cement
handling, asphalt and concrete mixing and handling, methods of
excavation, dealing with water, testingmethods and facilities.

The Contractor’s attention is particularly drawn to the need to


familiarize himself with customs procedures in connection with
importation, and to allow sufficient time in its program for these to be
completed.

If details of the Contractor’s proposals for Temporary Works are


required by the Employer’s Representative for his own information
the Contractorshall submit such detail within fourteen calendar days of
being requested to do so.

The various operations pertaining to the Works shall be carried out


in such a progressive sequence so as to achieve a continuous and
consecutive output of fully completed road works inclusive of bridge
works and culverts within the time limits specified in the Contract.

The Contractor shall, wherever required by the Employer’s


Representative, also provided in writing for information a detailed
description of the arrangements and methods which the Contractor
proposes to adopt for the execution of any particular part of the Works
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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

asdirected by the Employer’s Representative.


Progress reporting by the Contractor should be supported on a monthly
basis with an up-to-date analysis of the progress including a statement
on items which are or are about to become critical to the Progress of
Works, along with proposals on how the Contractor intends to address
the situation.

Supplementary Program
“The Contractor shall submit supplementary programs to the
Employer’s Representative. The supplementary program shall be
consistent in all respects with the time and order-of-work
requirements of the Contract and based upon the portions of the
Works already completed at the submission thereof. Supplementary
programs shall not be requested at less than monthly intervals.

Public Holidays

The Contractor shall allow in his Program for the following public
holidays per calendar year as observed in the Federal Democratic
Republic of Ethiopia and upon which days the Contractor shall not
be permitted to work:
The Contractor shall also allow per calendar year for a further two
unspecified public holidays, which may be announced by the Federal
Democratic Republic of Ethiopia with no prior notification, and upon
which days he shall not be permitted to work.”

iv. Provision of the detail plan for Right of way request and the
detailplan for setting out after the relevant Right of Way is given.

Sub-Clause 8.7 Replace the first paragraph by the following


Delay Damages
The Employer may without prejudice to all its other remedies under
theContract, deduct from the Contract Price, as liquidated damages
the following:

(a) penalty of 0.1% or 1/1000 of the value of undelivered Service


for each day of delay until actual delivery or performance as
delay damages,
The cumulative penalty to be paid by the Contractor shall not exceed
10% of the Contract Price.
Sub-Clause 10.3 Delete “plus reasonable profit” from the sub clause.
Interference
with Tests on
Completion

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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

Sub-Clause 11 365 calendar days after taking over Certificate of Works


Defects Liability
Sub-Clause 13.1 Variation may be applicable in this Contract per the Employer
Right to Vary order if required.
Sub-clause 13.7: Sub-Clause 13.7 is amended as follows;
Adjustment for “The Contract Price shall not be subjected to price adjustment due
Changes in tochanges in Legislation.”
Legislation
Sub-Clause 13.8 Not applicable
Adjustments for
Changes in Costs

Sub-Clause 14.1
Payment for the works shall be made based on Lump sum contract
The Contract price; subject to adjustments in accordance with the contract and
Price
The contractor shall pay all taxes duties and fees required to be paid
by him under the contract price shall not be adjusted for any of these
costs
Sub-Clause 14.2 The employer shall pay advance payment for Mobilization, Design
Advance & Machinery purchase
Payments 1 The amount of the advance payment shall be 20% of the total
Contract Price. An advance payment shall be made within 20 days
after the Effective Date. The advance payment will be set off by
the Public Body in two installments each 50% against the
statements for the first one month of the Works until the advance
payment has been fully set off. Each installment will be paid up
on submission of disbursement schedule and justification for
proper utilization of the previous installment.

(a) The following provisions shall apply to the Advance Payment and
theAdvance Payment security:

1) An absolute, unconditional and irrevocable Advance


Payment bank guarantee shall be required.
2) The Advance Payment will be set off by the Employer in one
installment up on submission of an absolute, unconditional
and irrevocable Advance payment Guarantee.
3) The maximum percentage that can be utilized for machinery
purchase is 30% of total Advance Payment amount.
4) The advance payment shall be recovered by deducting from
subsequent payment due to the Contractor, starting from the
first interim payment certificate. The amount of such
deduction shall be 25% of the total Works executed prior to
any deduction provided that full amount of the Advance
Payment shall be recovered upon 80% of the Project
completion.
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Ethiopian Airlines
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Sub-Clause 14.3 Retention Money 5 (Five) % of monthly Interim Payment certificates


Application for less VAT. Limit of Retention Money is 5 (Five) % of the Contract Price
Interim Payments less VAT which is specified at the time of Contract Agreement.

Sub-Clause 14.4 The installments quoted in the schedule of payments shall be the
Schedule of estimated Contract values based on the cost break down in Section V
Payments for the purpose of sub paragraph (a) of Sub-Clause 14.3 (Application for
Interim Payments).
Sub-Clause 14.5 Material advance payment is not applicable for this Contract.
Plant and
Materials
intended for the
Works
Sub-Clause 14.7 (b) Change “56 days” to “42 calendar days”
Timing of
Payments

Sub-Clause 14.8 One percent (1%) above the lending rate of commercial bank of
Rate of Interest Ethiopia(applies for payment delayed more than 60 calendar days).
up on unpaid
sum
Sub-Clause 14.9 Add the following at the end
Payment of The proportion of payment retained is 5% (Five percent) of each
retention money interim payment certificates. 2.5% of the retention amount will be
released after provisional acceptance and the remaining 2.5% will be
released after the final acceptance of the project or after completion the
defect liability period.
Sub-Clause 15.2 Under clause 15.2 (a) the phrase “or Advance payment security,
Termination by andinsurance certificates is added “after “Performance Security”
Employer The following sub-clause 15.2 (g) is added:
“Fails to perform the Works strictly as per the terms and conditions of
theContract or is in breach of its representations”
The following is added as a new paragraph before the last
paragraphunder sub-clause15.2.
“For the purpose of Sub-Clause 15.1, a fourteen calendar days’
noticeperiod shall be deemed to be reasonable”.

Both the Employers and Contractors are required under


Government financed contracts, to observe the highest standard of
ethics during the execution of such Contracts, in pursuance of this
policy, the Government:

(a) Defines, for the purposes of this provision, the terms set forth

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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

belowas follows:
(i) “Corrupt practice” means the offering, giving, receiving,
or soliciting of anything of value to influence the action of a
publicofficial in the procurement process or in Contract
execution; and
(ii) “Fraudulent practice” means a misrepresentation of facts in
order to influence a procurement process or the execution of a
Contract.

(iii) “Coercive practice” means harming or threatening to harm,


directly or indirectly, persons or their property to influence
their participation in the procurement process or affect the
executionof a Contract;

(iv) “obstructive practices”


i. deliberately destroying, falsifying, altering or
concealing ofevidence material to the investigation or
making false statements to the investigation in order to
materially impede employer investigation into
allegations of a corrupt fraudulent co erective or
collusive practice; and/or threatening, harassing or
intimidating any party to preventit from disclosing its
knowledge of maters relevant to the investigation or

ii. Acts intended to materially impede the exercise of the


Employer’s inspection and audit rights.

(b) Will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent, engaged
in corrupt, fraudulent, collusive or coercive practices in competing for
the Contract in question;

Sub-Clause 16.1 (b) Delete “Plus reasonable profit” from the Sub-clause
Contractor’s
Entitlement to
Suspend Work
Sub-Clause 16.4 (c) Delete “including loss of profit” from the Sub-clause
Payment on
Termination

Sub-Clause 17: Under Sub-Clause17.1 (b), the phase in bracket “(other than the
Indemnities Works)”is deleted.
Add “In so far as they directly affect the execution of the Works in
theCountry” as the first paragraph

The following statement is added under Sub-Clause 17.4 (a);


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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

“The duration of such extension to be determined by the Employer”


inthe first line after “Such delay”.

Sub-Clause 18.3 The following Sub-clauses are added at the end of Sub-Clause 18.3;
Insurance “Periods of submission of evidence of insurance and relevant polices
against Injury shallbe within the mobilization period.”
to Persons and The Contractor shall be responsible for any third-party damage and
Damage injury.
to Property The Contractor shall provide or cause to be provided certificates of
insurance sufficiently covering workmen’s compensation, third
party liability and liability for damages or destruction of the Works
and buildings, property until issuance of Final Acceptance Certificate
by the Employer.
The Contractor shall cause the Employer to be named as additional
assured/insured under the Contractor’s liability insurance.
The Contractor shall produce the insurance certificates within thirty
calendar days after signing of the Contract Agreement and as a
precondition for effecting any payment to it by the Employer.

The insurance shall be;


 From a recognized insurer with terms and conditions
acceptableto the Employer.
 Valid for the period of the Works until Final Acceptance
Certificate.
 Be primary insurance and that other insurances, if any
shall besecondary
The minimum insurance cover and deductibles shall be:
a. The minimum cover for insurance of the Works, Plant and
Materials is 110% of the Contract Price.
b. No deductible for insurance of the Works, Plant and Materials.
c. The minimum cover for insurance of Equipment is 100% of the
Contract Price.
d. No deductible for insurance of Equipment.
e. The maximum cover for insurance of property is ETB
2,000,000 (Birr Two Million).
f. No deductible for insurance of property.
g. The minimum cover for personal injury or death insurance is
ETB 2,500,000.00 (Birr Two Million Five Hundred Thousand)
to an aggregate of ETB 500,000.00 (Birr Five Hundred
Thousand) with no deductible.
h. The amount of the Contractor’s limit of liability shall in no event
be limited for: (i) intellectual property or any of Contractor’s
indemnity obligations for infringement for third-party intellectual
property rights; (ii) any claims covered by any specific provision
in the Contract providing for liquidated damages; or (iii) any
claims against the Contract for willful misconducts, intentional
torts, criminal acts, fraudulent conduct, or acts or omissions that
result in personal injuries or death.
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Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

i. The risk of loss and damage to the Works shall only be


transferred to the Employer upon Final Acceptance.

Sub-Clause 19.4 The following statement is added at the end of the sentence:
Consequences of
“Such extension of time shall be at minimum equal to the period
Force Majeure during which the Contractor is prevented from performing by the Force
Majeure situation.”
The first statement of Sub-Clause of 19.6 is deleted entirely and
Sub-Clause 19.6
replacedby the following;
Optional
“If the execution of the Works in progress is prevented for a
Termination,
continuous period of three months by reason of Force Majeure of
Payment and
which notice has been given under Sub-Clause 19.2, Notice of Force
Release
Majeure, then either
Party may give to the other Party a notice of termination of the
Contract.
Sub-Clause 20.2 “Notwithstanding anything to the contrary under the Contract, any
Appointment of and all disputes arising out of or in relation to the Contract shall first
the be resolved through mutual discussions between the Contractor and
Dispute the Employer. If no resolution is obtained within thirty (30) calendar
Adjudication days from the date of the start of these discussions, the dispute shall be
Board submitted to the competent Federal Courts of Ethiopia located in
Addis Ababa. Notwithstanding anything to the contrary, the
Employer shall have the right to institute proceedings against the
Contractor at any appropriate jurisdiction.”
Sub-Clause 20.6 Replace the whole clause by
Arbitration  No adjudicator is to be appointed under this Contract.
The Contract shall be governed by the applicable EthiopianLaws.

48
Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

SECTION-IX
FORM OF AGREEMENT
AGREEMENT
This Agreement is made and entered into as effective on (day, month, year) between Ethiopian
Airlines Group of mailing address:
Ethiopian Airlines Group
Africa Avenue, Bole International Airport
Addis Ababa, Ethiopia
(Hereinafter called “THE EMPLOYER”) of the one part and (…Name of Contractor...) of
(…. Mailing Address of Contractor...) (Hereinafter called “THE CONTRACTOR”) of the
other part.
Whereas the Employer is desirous that certain works should be executed, viz. (…. Brief
Description of Works…) and has, by Letter of Acceptance dated (............ Date of Letter of
Acceptance….) accepted a bid by the Contractor for the Agreement witnesses as follows:

General Provision
In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the General Conditions of Contract, Conditions of Particular Application
hereinafter referred to.
The aforesaid documents shall be taken as complementary and mutually explanatory of one
another, but in the case of ambiguities or discrepancies shall take precedence in the order set
out herein below.
In consideration of the payment to be made by the Employer to the Contractor as hereinafter
mentioned herein below, the Contractor hereby covenants with the Employer to execute,
complete, and maintain the works in conformity in all respects with the provision of the
Contract.

The Contract Documents


The following documents shall be deemed to form, be read and construed as part of this
Contract Agreement as per this order of precedence namely, the
a) The Contract Agreement;
b) The Letter of Acceptance
c) Minutes of Pre-contract Award Discussion
d) The Conditions of Contract, Part II; (Conditions of Particular Application)
e) The Conditions of Contract, Part I (Conditions of Contract for Design-Build and Turnkey, First edition
1999 FIDIC);
f) Employer’s Requirements;
g) The Tender Document;
h) Payment Schedule and Breakdown of Contract Price;
i) Addendum to the bidding document, Contractor’s Offer, Appendix to Bid/Offer;
j) Anti-Bribery Pledge Form
k) Performance Security;
l) Forms of Advance Payment; and
49
Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

m) Disputes Settlement Procedure


n) Other documents as listed in the Appendix to Bid

Agreement Consideration
The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein (…. Contract Price in figures
and words…) such other sum as may become payable under the provisions of the Contract.
In witness whereof, the parties hereto have caused their respective common seals to be hereunto
affixed and have hereunto set their respective hands and seals the day and year first above
written.

For and on behalf of Ethiopian Airlines Group

[Authorized Representative]

In the Presence of In the Presence of


Name _ Name

In the Capacity of In the Capacity of

Signature Signature

For and on behalf of (Name of the Contractor)

[Authorized Representative]

In the Presence of In the Presence of


Name Name

In the Capacity of In the Capacity of

Signature Signature

50
Ethiopian Airlines
Design Build of Aviation University Landscaping Greenery Development & Associated Works

PERFORMANCE (BANK) GUARANTEE


(Unconditional)
To: Ethiopian Airlines Group
Addis Ababa, Ethiopia
Whereas [name and address of Contractor] (hereinafter called “the Contractor” has undertaken,
in pursuance of Contract No. [Number] with Bid Result Notification Letter dated [date] to
Design-Build of Main Entrance Gates Construction and Related project for Ethiopian Aviation
University
(hereinafter called “the Contract”);

And whereas it has been stipulated by you in the said Contract that the Contractor shall furnish
you with a Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligations in accordance with the Contract:

And whereas we have agreed to give the Contractor such a Bank Guarantee:

Now therefore, we hereby affirm that we are the Guarantor of the Contractor and hereby
absolutely, unconditionally and irrevocably represent that we shall pay you, as primary obligor
and not as surety merely up to a total of [currency and amount of Guarantee] [currency and
amount in words], such sum being payable in the types and proportions of currencies in which
the Contract Price is payable, and we undertake to pay you, upon your first written demand and
without cavil or argument, any sum or sums within the limits of [currency and amount of
guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your
demand for the sum specified therein.

We further represent that all corporate consent and legal formalities have been obtained and
complied with in order for us to issue and enforce this Guarantee.

We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract
or the works to be performed hereunder or any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this
Guarantee, and we hereby waive notice of any such change, addition, or modification.

This Guarantee shall be valid until [date].

Signature and Seal of the Guarantor ______________


Name ____________________________________
Address __________________________________
Date __________________

41
Ethiopian Airlines
Design-Build of Main Entrance Gates Construction and Related project for Ethiopian Aviation University

BANK GUARANTEE FOR ADVANCE PAYMENT


(Unconditional)
To: Ethiopian Airlines Group
Addis Ababa, Ethiopia
Name of the Contract: Design Build of Aviation University Landscaping Greenery
Development & Associated Works;
In accordance with the provisions of General Conditions of Contract, sub-clause 60.2
(Advance Payment) of the above-mention contract [name and address of Contractor]
(hereinafter called “the Contractor” has deposited with Ethiopian Airlines Group a Bank
to Guarantee his proper and faithful performance under the said clause of the contract in
an amount of [currency and amount of Guarantee] [currency and amount in words].

We, the Bank, as instructed by the Contractor, agree unconditionally and irrevocably to
guarantee as primary obligator and not surety merely, the payment to [name of
Employer] on his first demand without whatsoever right of objection on our part and
without his first claim to the contractor, in the amount not [currency and amount of
Guarantee] [currency and amount in words], such amount to be reduced periodically by
the amounts recovered by you from the proceeds of the contract.

We further agree that no charge or additional to or other modification of the terms of the
contract or of works to be performed there under or of any the contract documents which
may be made between [name of Employer] and the Contractor, shall in any way release
us from any liability under this Guarantee, and we hereby waive notice of any such
change, addition, or modification.

We further represent that all corporate consent and legal formalities have been obtained
and complied with in order for us to issue and enforce this Guarantee.

No drawing may be made by you under this guarantee until we have received notice in
writing from you that Advance Payment of the amount listed above has been paid to the
Contractor pursuant to be the contract.

This guarantee shall remain valid until and in full effect effective for [Number of Days],
starting from the date of issuance of this guarantee until [Date] or until [name of
Employer] receives full Repayment of the advance payment made to the Contractor,
whichever comes earlier. No claim whatsoever shall be accepted after the expiry date
irrespective of the return or non-return of this Original guarantee document.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758.

Signature and Seal of the Guarantor ______________


Name ____________________________________
Address __________________________________
Date __________________

42
Ethiopian Airlines
Design-Build of Main Entrance Gates Construction and Related project for Ethiopian Aviation University

ANTI-BRIBERY PLEDGE FORM


To
Addis Ababa
Gentlemen.

Having examined the under mentioned ―corrupt, fraudulent, collusive and coercive practice‖ we have
agreed to sign this Anti-Bribery Pledge form for the construction of Design-Build of Main
Entrance Gates Construction and Related project for Ethiopian Aviation University
We confirm and insure to the employer that we will not at any time engage ourselves into
evil practices.

In pursuance of this policy the employer defines: -

i. “Corrupt practice” means the offering, giving, receiving or soliciting of


anything of value to influence the action of a public official in the
procurement process or in contract execution; and
ii. “fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the
purchaser and includes collusive practice among Bidders (prior to or after bid
submission) designed to establish bid prices at artificial non-competitive
levels and to deprive the purchaser of the benefits of free and open competition.

iii. “Collusive practice” means a scheme or arrangement between two or more


bidders, with or without the knowledge of the Employer, designed to establish
bid prices at artificial, noncompetitive levels; and

iv. “Coercive practice” means harming or threatening to harm, directly or indirectly,


persons or their property to influence their participation in the procurement
process or affect the execution of a contract

v. "Obstructive Practices" is
(a) deliberately destroying, falsifying, altering or concealing of evidence
material to the investigation or making false statements to investigators in order
to materially impede Employer's investigation into allegations or a corrupt,
fraudulent, coercive or collusive practice; and/or threatening, harassing or
intimidating any part to prevent it from disclosing its knowledge matters
relevant to the investigation or from pursuing the investigation, or

(b) acts intended to materially impede the exercise of the Employer's inspection
and audit rights.
The employer will reject a bid for award if it determines that the bidders recommended for award
has engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the contract
in question.

The employer will declare a firm ineligible, either indefinitely or for a stated period of time, to
be awarded a contract if it at any time determines that the firm has engaged in corrupt, fraudulent,
collusive or coercive practices in competing for, or in executing, a contract.

In addition to this, we understand that the employer has the right to reject firms which

43
Ethiopian Airlines
Design-Build of Main Entrance Gates Construction and Related project for Ethiopian Aviation University

are found to be corrupt and fraudulent.

This Anti-Bribery Pledge Form is signed the day

Name Signature and Seal In Capacity o

44
Ethiopian Airlines
Design-Build of Main Entrance Gates Construction and Related project for Ethiopian Aviation University
Bidding Document

FORM OF ADVANCE PAYMENT DISBURSEMENT AGREEMENT


Account No.
This Agreement is made and entered into as effective on (…. day/month/year….) between
Ethiopian Airlines Group of Mailing Address:
Ethiopian Airlines Group
Tel.: +251 115178221/+251 115174634
Addis Ababa, Ethiopia

(Herein after called ― THE EMPLOYER‖) of the one part and (…Name of Contractor...) of (…. Mailing
Address of Contractor...) (Hereinafter called ―THE CONTRACTOR‖) of the other part.
Whereas the Employer is desirous that the advance payment should be properly and fully expended for
Design-Build of Aviation University Landscaping Greenery Development & Associated Works
for Ethiopian Aviation University use only as per the advance payment disbursement
schedules.

General Provision
In this Agreement words and expressions shall have the same meanings as are respectively assigned to
them in the General Conditions of Contract, Conditions of Particular Application hereinafter referred to.
In consideration of the advance payment, pursuant to Clause 60 of the General Conditions of Contract
and Sub-Clause 60.8 of Conditions of Particular Applications, the maximum amount is as indicated
on the Appendix to bid of the bidding document and Advance Payment shall be made by the
Employer to the Contractor after the Employers receipt of the Advance payment guarantee and as per
the conditions of agreement set herein below and singing of this Advance Payment Disbursement
Agreement, the Contractor hereby covenants with the Employer to absolute consumption and
utilization of the advance payment as per the approved advance payment disbursement schedule for
the project use only and in conformity in all respects with the provision of the Contract.
The CONDITIONS of the Agreement is: -
i. The contractor shall open and maintain a separate ledger account (to be filled with this agreement)
through which the contractor's receipts and disbursements of the advance payment shall be channeled,
ii. Any amount of money from the account shall be withdrawn with the dual signature of both the
Employer & the Contractor,

iii. The Contractor is required to submit a detailed advance payment schedule for Engineer’s review
and/or approval. Within ten calendar-days of the receipt of such schedule the Engineer shall review
and approval the detailed advance payment schedule, as long as the contractor submitted a proper
schedule. Then, after the contractor acquires the Engineer’s approval, the contractor could withdraw
from the above-referred account as specified on the above condition, condition (ii), of this agreement
and the Contractor should expend it only for the purpose of the project as indicated on the General
Provisions of this agreement. However, if the Contractor failed to expend the advance payment for
the project use only, the Engineer to this effect shall give him notification in writing that the contractor
is required to rectify these failures within a maximum period of thirty calendar-days. Having been so
notified by the Engineer if the Contractor is unable to rectify his failures, the Engineer will inform the
Employer in writing for the Contractors failure and improper expenditure of the advance payment.
Subsequently, on the basis of this advance payment disbursement

45
Ethiopian Airlines
Design-Build of Main Entrance Gates Construction and Related project for Ethiopian Aviation University
Bidding Document

agreement, the Employer shall claim for the advance payment guarantee bond.

Agreement Consideration
The Employer hereby covenants to pay the Contractor in consideration of the Advance payment.
In witness whereof, the parties hereto have caused their respective common seals to be hereunto affixed
and have hereunto set their respective hands and seals the day and year first above written.

For and on behalf of Ethiopian Airlines Group

[Authorized Representative]
In the Presence of In the Presence of
Name Name

In the Capacity of In the Capacity of

Signature Signature

For and on behalf of (Name of the Contractor)

[Authorized Representative]

In the Presence of In the Presence of

Name Name ___________________

In the Capacity of In the Capacity of

Signature Signature

46
Ethiopian Airlines
Design-Build of
Ethiopian Airlines Aviation University Landscaping, Greenery Development & Associated Works

Section XIII
Dispute Settlement Procedures
Not Applicable

47
Ethiopian Airlines
Design-Build of
Ethiopian Airlines Aviation University Landscaping, Greenery Development & Associated Works

Section XIII: Eligible Countries


Procurement Reference Number: -------------------

All countries are eligible except countries subject to the following provisions. A
country shall not be eligible if:

(a) As a matter of law or official regulation, the Government of the Federal Democratic Republic
of Ethiopia prohibits commercial relations with that country, provided that the Government is
satisfied that such exclusion does not preclude effective competition for the provision of the
works required; or

(b) By an act of compliance with a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations, the Government of the Federal
Democratic Republic of Ethiopia prohibits any procurement of works from that country or
any payments to persons or entities in that country.

48
Section XII. Qualification Questionnaire

This Section contains all the factors, methods, and criteria that the Employer shall use to evaluate
Qualifications. The information to be provided in relation to each factor and the definitions of the
corresponding terms are included in the respective Qualification Forms.
All bidders shall include the following information and documents with their bids:
a) Copies of original documents defining the construction or legal status of their company, its place of
registration and principal place of business, and written power of attorney of the signatory of the tender
to commit the Bidder.
 Legal requirements of

a. Renewed trade license for 2016 E.C.


b. Renewed certificate of registration from authorized body in category GC-3/RC -3 and above.
c. VAT registration certificate
d. Tax clearance certificate stating the bidder is eligible to participate in any public tender and
valid at least at the deadline for submission of bids
e. Taxpayer registration
a’) Copies of original documents defining the Sub-Contracted design firm which have memorandum of
understanding signed with the design-build contractor as evidence and the design firm’s eligibility or
legal status of their company, its place of registration and principal place of business, and written power
of attorney of the signatory of the tender to commit the Bidder.
 Legal Requirement of Sub Contracted Consultant:
1. Tax Registration (TIN Certificate) & Clearance Certificate that allows to participate on
public tender and valid at least up to a date of submission of bids and states that the bidder
is allowed to participate in any public tender,
2. VAT registration certificates
3. Relevant professional practice certificates Categories 1 (One) Construction & Consulting
Engineers.
b) Details of experience and past performance on works of similar nature within the past five years,
c) List of all on-going Civil Construction Contracts at hand and other contractual commitments & any
project terminated,
d) Major items of construction equipment proposed to carry out the works stating whether owned or not,
e) The qualification and experience of key personnel of this section proposed for the execution of the
contract, CVs duly signed and updated by individuals along with educational and experience
testimonials should be included. The CVs shall bear the official seal of the firm.
f) Audited reports on the financial status of the bidder, such as balance sheet, profit and loss statements
and external Auditor’s report for the last five years,
g) Based on the previous experience and capability of the Organization, outline of proposed work
methods and schedule, in sufficient detail to demonstrate the adequacy of the proposal to meet the
technical specifications and the completion time.
h) Information regarding any current litigation in which the bidder is involved, the parties’ concerned
and disputed amount.
i) Authority to seek references from the bidder’s bankers and clients
Proposed Construction Methodology:

j) Based on the preceding general facts of the project attached herewith together with findings of the visit
on the site condition, the contractor shall, and elaborate on the methods it would employ to execute
these works safely.

k) The method statement, together with contingent equipment, machineries to execute these works would
form and play a major role in analyzing the contractor’s capability to undertake a project of such
magnitude and complexity within a very short time frame.

Methodology would also cover the following construction method statements but
not limited to.
 Project approach and methodology to undertake the works
 Safety and protective measure for workman, employer’s staffs, existing structures,
equipment and the works, in general.
 Compliance with the protection of environment, health and safety of workers and
train workers with respect to occupational health and safety behavior and basic level of
environmental awareness.
 Ensure for the proper area of storage for both raw material and waste material by clearly
marked and by demarcation
 E s t a b l i s h circulation plan to promote traffic safety and minimize disturbance on the
on-going activities
 P l a n n e d work schedule
 M a t e r i a l delivery plan and procurement process.
 Manpower and equipment utilization plan, including site utilization for stores, workshop,
equipment, etc.

NB: Failure to meet minimum requirement results in no points for all criteria (b to g)
A Two Stage procedure will be adopted for evaluating bids. The Qualification Application (Technical
Proposal) Evaluation will be undertaken prior to opening of any financial (Bid Offer) proposals, as detailed
herein below with a minimum passing mark being 70%.
The Financial proposals of the bidders that are responsive to the minimum passing mark (scoring 70 and above
points out of 100) on qualification application evaluation will be opened and evaluated. The financial offers
of those bidders who fail the minimum qualification criteria will be returned unopened.
I. Technical Evaluation Criteria
a) Copies of original documents defining the contractor’s and design consultant’s legal status, its place
of registration and written power of attorney of the signatory of the bid.
b) The company’s experience in Building Construction. (30 points)

1) General experience in construction and Landscape projects, a minimum of three completed


projects within the last 5 (five) years. (5 points)

2) Specific Experience in site work and landscaping works as prime contractor over the last five
years, in the construction of

2.1. At least three constructed projects (Universities Landscaping Greenery & Associated
projects) each with a project cost of greater than or equal to 30 million ETB (Fifty million
birr) (25points).
2.2. Two similar projects in nature, complexity and magnitude in the last 5 years (Universities
Landscaping Greenery & Associated projects) with a project cost of greater than or equal
to 30, million ETB (fifty million birr) (16points)
2.3 one similar project in nature, complexity and magnitude in the last 5 years (Universities
Landscaping Greenery & Associated projects) with a project cost of greater than or equal
to 30, million ETB (fifty million birr) (8 points)
Note: Testimonies for all experiences (general and specific experiences) must clearly show/state bidder’s
percentage of completion, type of project and amount of project cost and it should be from the respective
clients only. If testimonies fail to show/state the required declarations/notifications, it will lead to zero point.
Works, which are not substantially completed (less than 70% completion), will not be considered and no
point will be given for failure to submit the minimum requirement. Work experience about sub-contracting
will not be considered. Valid email address of the clients should be included, mandatory, as we will
communicate with them to get their confirmation in-order to give the allotted points.
For the specific construction projects experience requirements, the contract value of projects referenced by the
bidder shall be adjusted to reflect the current purchasing power of Ethiopian Birr by multiplying with Cn/Co
factor, where Cn is the current selling exchange rate of 1 US Dollar to Ethiopian Birr which is taken at 28th
days prior to bid submission date and Co is the selling exchange rate of 1 US Dollar to Ethiopian Birr at the
date of signing the contract

c) Organization structure capability the adequacy of work plan, methodology and work schedule for
the execution of the project works should include: (4 points)
1) Methodology of work for both new constructions and maintenance works, which discuss
mobilization, temporary and permanent works, quality control procedure, and also safety plan
of the bidder. (2 points) i.e., 0.5 point for each.
2) Work schedule including material, manpower and equipment schedules. An organisational chart
shall also be presented (2 points) i.e., 0.5 point each
d) Acceptable evidence from ministry urban development, housing, and Construction (MoUDHC) for
machineries/ FDRE Ministry of transport and communication transport authority (for vehicles) for
ownership (Libra) of the following essential equipment and updated for the year 2016 E.C. (15
points).

For rental equipment the ownership evidence from (MoUDHC) (for the equipment owned by the
renter) is required in addition, renewed trade licence (for the year 2015/2016 E.C.) of the renter and
the rental agreement between the renters. Otherwise, no points shall be given.

Ownership document from (MoUDHC/FDRE Ministry of transport and communication transport


authority) for owned and rented machinery should be submitted and updated at least for the year
2016 E.C. Otherwise no points shall be given.
The owner or legal entity for Machineries with rental criteria shall be the bidder itself or
Organization of the renter shall have structural linkage with the bidder at organization level.
(in case the bidder is using his own sister company or so as a rental base there should be a clear
legal or organizational linkage to show their relationship).

Note: -For the equipment fulfilment, number requirement should be fulfilled, and ownership certificates
should comply with capacity and renewal requirements. i.e. Failure to meet minimum requirement results
in zero points for all criteria.

Min. No. Points Allotted


No Equipment Type
Required Owned/Rental
Dump Truck > 10m3
1 2 4/2
or above
Excavator / Loader >
2 1 3/1.5
(1.5m3)
3 3ton roller compactor 1 2/1
4 Mixer >350 liter 1 3/1.5
5 4WD Pick up 1 3/1.5
Total (Out of 20) 15.0

e) Personnel with the following qualifications and experience: (20 points)


The Bidder must have suitably qualified personnel to fill the following positions. If the project is
awarded, changing the proposed personnel is not allowed unless authorized by the Employer after
ascertaining that the new personnel is at least equal to the proposed one in relation to work
experience and education.
Specific Exp. in
General proposed Points
Minimum
No. Position Minimum Educational Qualifications Experience Positions on Allotte
Qty.
[years] similar projects d
(yrs.)
Construction firm’s staff [11.5%]
Project Manager BSc in landscaping design or
1 landscape architecture 1 8 4 3
(1)
Office Engineer B.Sc. Degree in Civil Engineering
2 1 4 2 1.5
(1)
Site Engineer B.Sc. Degree in Civil Engineering
3 2 4 2 1.5
(1)
Landscape BSc in Architecture
4 Designer or 2 4/6 2/4 1.5
architect (1)
Advance Diploma in surveying
5 Surveyor (1) 2 3/5 2/4 1.5

Horticulture BSc in Horticulture/Plant Science


6 1 4/5 2/4 1.5
(1)
General Advance Diploma in technical
7 2 8 5 1.5
Forman (1) school/TVET

Design firm’s staff [8.5%]


Project BSc in landscaping design or
8 1 8 4 1.5
manager (1) landscape architecture
Office BSc in Civil Engineering
9 1 4 2 1.5
Engineer (1)
Landscape BSc in Architecture
10 Designer or 1 5 3 1.5
architect (1)
11 Surveyor (1) Advance Diploma in surveying 1 5 2 1.5
BSc in Horticulture /Plant
12 1 5 3 2.0
Horticulture science
Total (Out of 20) 20.0

The Distributions of the above points for Total Experience and Specific Experience are:
 General Experience--40%
 Specific Experience--60%.
Note:
 ‘’Education’’ is a must meet criteria and educational testimony must be attached.
Otherwise, the proposed staff will be rejected from evaluation and Zero point will be given
for the proposed staff.
 CVs of the proposed staff must be attached for evaluation. Otherwise, the proposed staff will be
rejected from evaluation and Zero point will be given for the staff.
 CV’s which are not updated and signed by the proposed staff shall not be considered.
Similarly, failure to attach copies of educational and experience testimonies will end up with
getting zero point.
 CVs should bear Official seal of the Bidder. CV’s which are not authenticated by official seal
of the Bidder will not be considered.
 Staffs indicated from number 1-7 shall be permanent employees and copy of payroll reported
to custom and revenue authority for the last three months should be submitted as evidence. If
the proposed staffs are not permanent /no evidence is submitted showing the staff is permanent
zero point will be given.
 Staffs indicated from 8-12 is from the proposed design firm to be subcontracted in which the DBC
shall submit memorandum of understanding signed with the design firm as evidence and the
design firm’s continued eligibility with the following documents shall be submitted:
o Tax Registration (TIN Certificate) & Clearance Certificate that allows to participate on
public tender and valid at least up to a date of submission of bids and states that the bidder
is allowed to participate in any public tender,
o VAT registration certificates
o Renewed Relevant professional practice certificates Categories 1 (One) Construction &
Consulting Engineers.
o Trading license renewed for 2015 E.C. from authorized bodies
 The design consultant shall have extensive experience in carrying planning and design for
Universities/ prominent Institution Main entrance Gate projects. It shall be able to prove at least
Three (3) references for the same kind of projects (in terms of magnitude and type).
If a bidder fails to submit any of the eligibility documents, it shall in zero point for this criterion.
 The proposed staff is recommended to be permanent employee in the sub contracted design firm
and copy of payroll reported to custom and revenue authority for the last three months should be
submitted as evidence. If the proposed staff are not permanent employees of the companies, 70%
the allotted point will be considered for the evaluation, but the letter of declaration of the proposed
staff must be attach.
f) Average Annual volume of construction (construction turnover) over the last five years at least Birr
100,000,000.00 (Two Hundred Million Birr) with supporting documents in the form of externally
audited construction turnover/income (for budget years of 2010-2014 E.C) to confirm the same. No
point will be given for failure to submit the complete audit reports for all of the 5 years. (10points)
The value of construction turnover in each year shall be adjusted for inflation of Birr value through
multiplying by Cn/Co factor, where Cn is the value of 1 US Dollar in Ethiopian Birr on the 28th
days prior to bid submission date and Co is the value of 1 US Dollar in Ethiopian Birr computed
using the selling exchange rate prevailing on the last date of the respective fiscal year.

g) The Audited Balance Sheet by External Accredited Auditors for the last five years should be
submitted and must demonstrate the soundness of the bidder’s financial position and the audited
financial status or declaration showing the firm free from bankruptcy within the last five years (i.e.,
2010 – 2014 E.C). No point will be given for failure to submit the complete audit reports of
Accredited Auditors for all the five years. (4 Points)
h) Proper Documentation
Bidders shall submit properly prepared technical document in the sequential order as of the criteria
stated above. In addition, the qualification document shall not include any unnecessary documents.
Furthermore, a coloured separator page shall be placed between criteria and sub criteria to peruse the
document easily. (2 points)
i) A consistent history of litigation or arbitration records against the applicant or any partner of a Joint
Venture may result in disqualification.

II. Financial Evaluation Criteria


 The financial evaluation result will be based on the least financial offer after negotiation.
 In evaluating Bids, the Employer will implement the following Evaluation and Qualification
Criteria:
a) Making any correction for errors pursuant to Clause 29, Instruction to Bidders.
b) All Bidders shall satisfy all the conditions mentioned in part II, Condition of Particular
Application,
c) The contract is lump sum contract
d) Responsiveness cannot be determined by the offer submitted by the Bidders during bid
submission unless it is notified by client after negotiations.
e) Any change by the Bidder creating difficulties and problems in evaluation, may result in
f) After high level negotiation, least evaluated bidder shall be awarded for the
work.
g) To have negotiation power Ethiopian Airlines will not arrange financial
opening call. The financial bid opening process will accomplish with the presence
of Ethiopian Airlines bid evaluation committee members only.
Detail Evaluation
1. Qualification
Criteria
To qualify for award of the Contract, in accordance with ITB Sub-Clause 4.5, bidders shall meet the
minimum qualifying criteria presented as follows:

STAGE – I P RI M A R Y EVALUATION
Prior to the detailed technical evaluation for responsiveness of the bidding document, the Employer will
determine based on ITB whether each Bid meets the eligibility criteria defined in the bidding document and
is responsive to the requirements of the bidding documents, which lead to rejection not to be considered to
further qualification.

Offers that have scored non-responsive in any one of the items specified in the preliminary evaluation
criteria below (Table 1.1) shall be REJECTED.

CRITERIA
Single Documentatio
FACTOR Requirement
Entity n Required
a) Legal Qualification of the Bidder
1.1 Nationality in accordance with 1TB Must meet
Nationality Clause 3.3 requirement
1.2 Conflict No Conflict of interest as described in 1TB Must meet
of Interest Clause 33. requirement
1.3 Having been registered in the Public
Registration Procurement and Property Administration Must meet
in the Agency’s Suppliers List in accordance with requirement
FPPA’S 1TB Clause 10
Not having been debarred by decision of the
1.4 Debarred Public Procurement Agency from
Must meet
by decision Participating in Public Procurements for
requirement
of the FPPA breach of its obligation under previous
contracts in accordance with 1TB Clause 3.6
1.5 Valid Having been submitted valid trade license
trade license or business organization Must meet
or business registration certificate issued requirement
organization by the country of establishment
registration in accordance with ITB Clause 3.2
certificate
1.6 Having been submitted VAT Must
VAT registration certificate issued by the tax meet
registration authority. requirement
Having been submitted valid trade
1.7 Valid
license or business organization Must
tax
registration certificate issued by meet
clearance
the country of establishment in requirement
certificate
accordance with ITB Clause 3.2
1.8
Government Compliance with conditions of 1TB Must meet
Owned Clause 3.6 requirement
Entity

CRITERIA
Bidder Documentation
FACTOR Requirement
Single Entity Required

2.1 Number of At least 6 permanent staff currently Must meet Bidder Certification of
Staff working for the Bidder requirement Compliance

2.2 Personnel Among the staff mentioned in Sub- Must meet Technical Proposal Form with
for the key Clause 2.1 Bidder must demonstrate requirement at attachment of freshly signed cv,
that it will have the personnel for the least renewed professional license,
positions
key positions that meet the following 80% of the credential and testimonies
requirements. All List Professional requirement.
Strictly Mandatory, so it has Huge
Impact on technical Evaluation. (Refer
the tubular requirement for specific
project on the table). The Bidder must
submit a document that the key
professional’s agreement to work on the
project.
c) Technical Qualifications, Competence, and Experience of the Bidder
CRITERIA
Bidder
Documentation
FACTOR Requirement Single
Required
Entity
The Bidder has successfully 100% Bidder certificate of
completed at least one project with a compliance with attachment.
budget of at least 20million ETB in the The document to be attached
past three years. The employer and /or its for these criteria should also be
3.1General consultant reserve the right to request the Must meet certified by the appropriate
Experience bidder any additional information and requirement Employer and should disclose
contractual documents in order to the date year within which the
evaluate the performance. Subcontract work is done, the total project
experience will not be considered for cost, copies of payment
evaluation. certificates need to be attached.
The Bidder has successfully participated
as prime contractor in at least one
similar project ( construction &
3.2 Specific landscaping project) with a budget of Must meet Bidder Certification of
experience each at least 5 million ETB within the last requirement Compliance with attachments
three years that have been 100%
successfully completed and that are
similar to the proposed works or similar
nature.
None-performance of a contract did not
occur within the last five years prior to the
deadline for Bid submission, based on all
information on fully settled disputes or
3.3 History litigation. A fully settled dispute or Bidder Certification of
of non- litigation is one that has been resolved in Must meet Compliance with attachments
performing accordance with the Dispute Resolution requirement (written justification by
contracts Mechanism under the respective contract, bidder)
and where all appeal instances available
to the bidder have been exhausted.
Bidder Should submit his supportive
evidence

All pending litigation shall in total not


Bidder Certification of
represent more than 30 percent of the
3.4 Pending Must meet Compliance with
Bidder’s net worth and shall be treated
litigation requirement attachments (written
as resolved against the Bidder. Bidder
justification by bidder)
Should submit his supportive evidence.
Renewed ownership
certificate /All
authorized bodies’
The Bidder must demonstrate that it
certification/ Leased or
will have the required equipment and
Hired agreement
machinery for the implantation of the
3.5 Equipment Must meet conformation. Any
contract available the bidder has to
for the requirement at equipment that is not
specify which machinery/equipment
implementation least 80% of renewed for the current
he intends to use for the job and what
of the contract the requirement physical year and have no
extend this is readily available to him
appropriate evidence
(refer the tubular requirement for
shall not be consider
specific project on the table)
during the evaluation
process. Full point is
allocated for owned
equipment and half point
for leased one.

CRITERIA
Bidder
FACTOR Requirement Single Documentation Required
Entity
d) Financial Standing of the Bidder
Submission of audited balance
sheets and other financial
statements as required in the
Bidder Certification of Compliance with
BDS Clause 17, for the last
attachments such as copy of External
three years to demonstrate
4.1 auditor renewed trade license and auditor
the current soundness of the
Historical Must meet summary report and detail audited
Bidder’s financial position and
Financial requirement document (Balance sheet, profit & loss
its prospective long-term
Performance statement). The audit Report shall be
profitability. As a minimum a
valid if only the income tax is paid prior
bidder’s net worth calculated as
to bid submission date.
the difference between total
assets and liabilities should be
positive.
The average annual
construction turnover
calculated as total certified
payments received for contracts
The document to be attached for these
in progress or completed within
criteria should also be certified by the
the last three years must equal
4.2 appropriate employer or consultant and
or exceed 10 million ETB. The
Average Must meet also should disclose the date year within
submitted value shall be
Annual requirement which the work is done & the total
accepted only if it is verified
Turnover project cost. The same should clearly
with supporting evidence by
substitute with Audit report of external
character certified auditor or
Auditor to be considered for evaluation.
revenue agency. The public
body will confirm the
financial report from Inland
Revenue Authority.
CRITERIA
Bidder Documentation
FACTOR Requirement
Single Entity Required

The Bidder must demonstrate service Bidder


to or availability of financial Certification of
resources such as cash on hand or compliance
4.3 Financial Must meet
unconditional bank loan other than with
Resources requirement
any contractual advance payments to attachments.
meet cash flow requirement minimum Original letter
of 5 million ETB. from bank.

STAGE –II- DETAIL TECHNICAL


EVALUATION

Only technical offer which pass first stage and comply to all requirements under
stage – I
evaluation will be evaluated for stage II detail technical evaluation
accordingly.

The minimum pass mark for this stage-II evaluation for construction works shall be 70.
Those bidders who scored 70 and above will be detail evaluated for technical
responsiveness and ranked accordingly.
Table 2.3: -

Priority Name of Criteria Points

Adequacy of Technical proposal in responding to the schedule of


Requirements:
(a) Tender Document presentation. (2pts)
20
(b) Complete set of preliminary design including 3D
drawing and design reports. (6pts)
(c) Site Visit and understanding of the project (2pts)
(d) Work plan and scheduling (Time, man power equipment,
personnel) (2pts)
(e) Audited balance sheet (4 points)
(f) Technical approach and methodology (4pts)
(1) Organization and staffing
(0.5pts) (2) Construction procedures
(0.5pts) (3) Project handling
1 Methods (0.5 pts)
(4) Safety to client’s property and personnel (0.5 pts)
(5) Proposal for construction Techniques followed
considering the non-interruption of normal working time
and service of client (1pts)
(6) Methods of protection for built in client property (1pts)
Total points for criterion (1): 20
2.0 General experience (5 points)
2
2.1 Specific experience of bidder relevant to schedule of
requirement (as 3.2 & 3.3 must meet requirement) (25 points) 30
2.1.1 three similar projects (25 pts)
2.1.2 Two similar projects (16 points)
2.1.3 one similar project (8 points)

Total points for criterion (2): 30


Priority Name of Criteria Points
3 Adequacy of the proposed Detailed Engineering Design 15
provided to the requirement of the bid and standards.

(a) Design Standards (2pts)


(b) Materials and Site Investigation 2pts)
(c) Landscaping design (3pts)
(d) All Structural, Electrical & Sanitary Design (4pts)
(e) Horticultural proposal (4pts)

Total points for criterion (3): 15


Qualifications and competence of the key professional staff 20
engaged in Construction.
a) Project Manager. (4.5pts)
10 years’ construction Experience
b) L a n d s c a p e a rchitect/designer. (3pts)
8 years’ construction experience
c) Office Engineer. (3pts)
4 years’ construction Experience
4 d) Site Engineer. (1.5pts)
4 years’ construction Experience
e) General Forman. (1.5pts)
12 years’ experience
f) Senior Surveyor. (3pts)
6 years’ Experience
g) Horticulture. (3.5pts)
7 years’ Experience

Total points for criterion (4): 20


5 Equipment Ownership 15

a. Dump Truck > 10m3 or above (4 pts)


b. Excavator / Loader > (1.5m3) (3 pts)
c. 3ton roller compactor (2 pts)
d. Mixer >350 liter (3pts)
e. 4WD Pick up (3 pts)

Total points for criterion (4): 15

Total points for all Criteria (1+2+3+4 +5) 100

STAGE – III DETAIL TECHNICAL RESPONSIVENESS


EVALUATION

Tenders’ who pass stage-II evaluation will be evaluated in detail for technical
responsiveness according to the evaluation criteria set out above. Technical
responsiveness of the offer shall be marked as follows.
1. Non-Responsive (NR) bid the one who fail to satisfy the technical requirements
indicated in the evaluation criteria. Bidder’s offer, which didn’t submit or didn’t
include technical details about the project as per the TOR, shall be considered Non-
Responsive.
Offers which have scored non-responsiveness in any one of the items specified in
the technical evaluation criteria will be REJECTED as Non-Responsive.
2. Substantially responsive (SR) bid is the one that partly conforms to specifications
of the bidding documents without major material deviation or reservation so that
by any means offered material shall not affect the quality & performance of the
project.
If a bid is not substantially responsive, it will be rejected by the Employer, and
may not subsequently be made responsive by correction or withdrawal of the
nonconforming deviation or reservation.
3. Responsive (R) Bid is the one that fully conforms to all the terms, conditions,
and specifications of the bidding documents without material deviation or
reservation.
A material deviation or reservation is one (a) which affects in any substantial way the
scope, quality, or performance of the Works; (b) which limits in any way, inconsistent
with the bidding documents, the Employer's rights or the bidder's obligations under the
contract; or (c) whose rectification would affect unfairly the competitive position of other
bidders presenting substantially responsive bids.
In case there appear differences between the evaluation point and technical
specification included in the tender document, the statement or requirement included in
the technical specification shall prevail.

The employer will consider all the points in the general technical specification, technical
specification and tender drawings during evaluation.

Those bidders who comply with all requirements under Stage-III will be evaluated for
financial proposal.

Those bidders who scored none comply in any one of the items specified in the evaluation
Stage- III and got less than 80 under Stage-II shall be REJECTED.

Bidder who passes Stage-III and scored the pass mark under Stage-II and offered the
lowest financial proposal (after conducting high level negotiation) for the project will
be awarded for the execution of the project.

Financial document of those responsive bidders shall be open with the presence of the
Bid evaluation committee members without the presence of the bidders. After the
financial evaluation employer shall call for further negotiation with the best evaluated
bidders
SECTION XIII - THE EMPLOYER'S REQUIREMENT

65
1. Introduction
1.1. Project Summary
1.1.1. Project Overview

Ethiopian Airlines is one of the fastest growing global Airline brand and continents
leading airline. Ethiopian airlines, a four-star airline, member of the star alliance group
and one of the fastest growing airlines globally has it head quarter /Hub in Addis
Ababa. It serves as a gate way to Africa and the rest of the world. The airline serves
10 million passengers per annum.

Ethiopian airlines have been developing its infrastructure to support its growth and
enhance its customer satisfaction.
Ethiopian Airline Aviation University is a world class Aviation Training Center
equipped with state of the art and best in class training equipment and infrastructures.
Ethiopian Aviation university currently engaged in expansion and upgrade its facility’s
including landscaping, greenery works.

In view of the above, Ethiopian Airlines Group decided to tender out the landscaping,
greenery and associated works to qualified contractors in landscaping design and
construction work on turnkey bases.

The landscaping Design/work is expected to meet international standard in all aspects.


The work should be a master piece incorporating state of the art technology manifesting
the ever-growing Airline and Addis Ababa International Airport.

The project is also part of the airlines effort to expand its quality services to its customers
and avoid any safety concerns related to the environment. Hence, any structure or
plantation work to be proposed should take safety as no one consideration open lands
(see the layout) and road islands.

This tender therefore is a Turn-Key, meant for acquiring the design, supply of all
materials, equipment, labor and management of the property for a period of time (two
years) as per the requirements of this tender document.
Ethiopian Airlines Group, therefore, is looking for a potential Landscape Contractors
that meets its minimum standard requirement specified on this tender document for
execution of the works and related works as detailed herein below.

Project Location

The site for the construction is located at Addis Ababa Bole International Airport, Addis
Ababa. Ethiopia. Bidders must visit the site to be well acquainted with the site nature
and the actual scope of works required of this tender (Refer the site plan).

66
Project objective:

The project objective is to deliver state of the art and world class landscaping work to the
entire Ethiopian Aviation University compound.

Funding

Ethiopian Airlines Group (EAG) is responsible for providing all design and construction services
required for the final total lump-sum firm-fixed amount negotiated with the DBC.

Scope

In accordance with the terms and conditions of the Contract, the Design-Build Contractor (DBC)
shall perform the work of this Request for Proposal (RFP) for the Ethiopian Airlines as described
below. All Engineering Services required in this RFP shall be performed by licensed Engineers
registered in the Ethiopian Federal Democratic Republic or the state of the professional' s residence.
The below listed work scopes intended to give the contractors general idea about the scope
of works included I in this project. However, the contractors may include and additional
works necessary to improve the concept design or detail design. The landscape area is
estimated to be 26,700.00m2.

 Design
 The contractors expected to do detail design following the employer requirements
including AR, SN, EL and ST etc.
 To do surveying / topographic survey.
 Prepare and submit detail BOQ and design for all discipline including detail
specification for the work.
 Earth work
 Excavation
Excavate to not less than 300mm deeper than the finished surface to remove any
construction left over under the existing grass and for pavement/ walkway. As directed by
the engineer on selected areas.
 Backfilling and compaction
Supply and back fill selected topsoil suitable for planting trees and grass to a depth not less
than 300mm. The cost shall include transportation, labor and slight compaction to eliminate
air pockets and uneven surface.
 Supply and back fill select granular material for pavement. The cost shall include
transportation, labor and compaction.

67
 Supply and back fill red ash material for pavement. The cost shall include
transportation, labor and compaction.
 Cart away
Cart away and spread surplus excavated material at an appropriate tip.
 Concrete work
 Paving all paths, steps and ramps shall be good quality pavement tile and C25
concrete curve stone. The selection of paving type, color and make will be undertake by the
employer.
 Excavate to not less than 270mm deeper than the finished surface levels and grade
alignment of footpaths, steps, and paved surfaces. All underground service lines for water,
irrigation, electricity, fiber optics cables, drainage lines, shall be installed and connected
prior to the pavement excavation, preparation, set- out, road- base backfilling and concrete
base installation.
 Soft and yielding and other unsuitable material within or under new paved areas
shall be removed and the sub grade shall be thoroughly compacted and finished to a firm,
even surface of uniform bearing value.
 Setting out
Survey pegs, level pegs and benchmarks for the paving works shall not be covered,
removed or otherwise disturbed prior to being inspected and approved by the employer.
 Formwork for Edging and Containment
Timber formwork shall be installed around all perimeters to the proposed paved surfaces,
proposed paved surfaces, proposed tree and shrub planters, openings, drainage pits and
supply electric power points for lighting.
 Concrete base course
Soft, yielding and other unsuitable material shall be removed from site and sub grade shall
be thoroughly compacted and finished with granular material, even surface of uniform
bearing value. The concrete base shall be laid to smooth even grounds with consistent
mortar mix and continuous concrete pours. Reinforcement of mesh shall be considered as
required.
 Expansion Joints
Expansion joints will be fitted within the concrete base at not less than 4.5m centers.
Expansion joint shall be formed from 10mm thick compressible material.
 Supply and install precast concrete curve stone.

 Grass, trees and shrub planting and seeding


 Supply and install grass to a suitable area the price shall include labor transportation
and fertilizers.
 Supply and plant different types of trees the price shall include labor, transportation,
pit preparation and fertilizers. The type shall be selected by the employer. The required
quantity shall be proposed by the contractors.

68
 Sample Trees but not limited to this

Acacia abyssinica

Podocarpus gracilior

Cupressus sempervirens

Araucaria heterophylla

 Sample Shrubs but not limited to this

Rosmarinus officinalis

Tabernaemontana corymbosa

Cassia bicapsularis

Pittosporum tobira
Russelia equisetiformis

'Begonia boliviensis (Mistral Yellow Begonia),

 Decorative Fountain
Decorative fountains complete, including all piping, equipment, and all
materials work items including mechanical, electrical, telecom, civil,
structural, finishing, piping in accordance with specifications and approved
by the engineer. Type shall be checked and approved by the employer.

 Outdoor Furniture and Equipment the contractor may recommend and get
approval from the Employer if he has other options
 Supply and install different variety of benches as indicated in the attached
pictures.
 Supply and install concrete Tree Grate
69
 Supply and install Cast Iron Tree Grate

 Concrete or masonry wall to reside the University logo


 Supply and install university logo on made from masonry or concrete wall
as shown in the picture. The design shall include lighting.
 Amphitheater
 The contractor shall design suitable amphitheater around the existing
water reservoir. The design shall follow standards acceptable locally or
internationally.

 Outdoor sport facilities


 The contractor shall propose simple mechanical and heavy-duty outdoor
sport equipment’s area as indicated in the attached pictures the types and
quantities shall be decided by the employer.
 Flag podium and University Logo
 The contractor shall construct flag podium and university logo as per the
design and specification.
 Parking space expansion
 Expand existing parking space as per the design using asphalt concrete per
ERA standard. In addition, proper marking and signage shall be installed.
 Electrical Work
 The contractor shall supply and install suitable garden lights and all
necessary cabling.
 Water supply for irrigation and drainage line
 The contractor shall consider proper water supply line for irrigation
purpose with all required equipment’s and proper drainage lines as required.

 The bidders should propose the solution for the premises with cost
break down.
 The design should clearly show the work scope at every area as per the
attached drawing.
 The proposed landscape
 Should allow for easy movement, accessible for maintenance recreation,
leisure, functional and maintainable over entire life.
 Should b e e a s y t o m a i n t a i n reduces need for: Fertilizers, Pesticides,
Equipment (mowers), Water and Extra labor/expense.
 Environmentally Sound, “Right plant right place" which decreases:
 Disease, Insect stress, Water needs, Plants in stress = more maintenance.
70
 Stressed plants require more Labor, Fertilizer, pesticides and ultimately
the maintenance cost will be more.
 Should be cost effective. Cost should not dictate whether the landscape is
functional, Maintainable and environmentally sound. Low cost can meet
all these needs.
 Should b e v i s u a l l y p l e a s i n g . Using a r t s , a c h i e v e a
v i s u a l l y p l e a s i n g landscape.

 As study indicates, a well-designed and properly installed landscape can


increase property value by 17%. We expect this landscape project to
increase our Aviation university value. Therefore, the bidders should give
proper focus for this project design preparation, implementation, and
management.
A. General requirements that the Bidders should consider the
following things:

I. Care of Grass and Turf


This activity covers the watering and fertilizing of the planted areas. If it’s the
intention to use fertilizers, it’s mandatory, prior to application, to determine all
details of the intended fertilizer, application rates and any safety requirements to
comply with the necessary environmental site conditions. The grass and turf
surfaces are to be inspected and remedial treatment provided as appropriate.
 I f required apply soil amendment materials.
 I n s p e c t and assess the health and growth of grass and turf. In particular, check
for soil compaction, thatching, uneven lawn surface and weed/disease infestation
which will require remedial treatment. It is envisaged that this will be required a
minimum of three time or more per year.
 W h e r e remedial treatment is required for bare patches, turf, seed and fertilizer
are to be provided by the contractor.
o Turf: - Soil Surface with turf grass roots growing.
71
II. Grass Mowing

This activity covers mowing of all “Grassed areas”. It also includes edge trimming
along walkway edges, around trees, shrubs, hydrants, posts and poles. Grass
mowing creates a neat appearance to the area and allows for safe usage.
 P a r t i c u l a r care shall be taken during mowing operations to ensure that
trees, shrubs heads and garden beds and any fixed infrastructure are not
damaged.
 H a n d mowing and/or trimming shall be undertaken along walk ways
edges, around trees, shrubs, posts and poles.

III. Watering

 A s part of the establishment period for planting/landscaping, all efforts should


be made to conserve water.
 P r e p a r e daily Watering schedule for each section of the green area and make
sure the schedule is kept.

IV. Potted plant care

Pots will be maintained on as one of the day to day activities. This includes hand
weeding, pruning, fertilizing, insect control and hand watering as needed.
Broken and cracked pots to be replaced as needed. Saucers should be installed
underneath all pots to help prevent leaching during watering.

V. Pest control

This activity covers the spraying of pesticide or related treatment such as direct
chemical application to provide an insect/pest free surface area. Pest control is
undertaken to control and/or minimize/remove insect/pest infestation within
grassed and other areas. Green areas and lawn areas are to have controlled
and/or minimal to null pest infestation.
Chemical spraying and direct chemical application shall meet with requirements
of the workplace safety and health act.

72
VI. Weed Treatment

This activity covers the spraying of herbicide or related treatment such as hand
weeding and hot water or direct chemical application to provide a weed free
surface green area. Green areas are to have controlled and minimal weed
infestation. Chemical spraying and direct chemical application shall meet with
requirements of the workplace safety and health act.

VII. Litter Collection

Collection of litter, including emptying of litter bins. Provide a litter free facility,
visually pleasing, healthy, and safe for users of the parking area or the green
area. Litter shall be collected by foot patrol using handheld pick up devices and
bags, trolleys, etc. Litter collection includes deciduous leaf accumulation (In
season were considered necessary) from the car park and green area. It is
envisaged that this shall be carried out once in a day basis or every other day.

VIII. Safety Concern

Plant or flower species should be carefully chosen since they can be a potential
food source or perching site for bird species which can be a hazard for our safe
aircraft operation.

Responsibility Assignment (Bid Collection)

The bid document of each bidder shall be delivered in person in a sealed envelope
(package) to Ethiopian Airlines Procurement & Supply Chain Management Department.

1.1.2. Description
Required Major Facilities to be maintained on the Site but not limited to:
The Landscaping, Greenery Development & Associated Works covers the university
compound the area is estimated to be 26700 m2. There are existing softscapes and
hardscapes trees grass and shrubs walkways on the site accordingly the contractors may
include and additional works necessary to improve the concept design or detail design.

1.1.3. Schedule
Design Development Documents are not Notice to Proceed work but tied to award of the
project. Execution of work will commence within 21 days after site handover. Consider
the 21-calendar day allowance when figuring calendar day requirements for Design
Development Documents since that is calendar days from award of the Contract.

The Design work in this RFP shall be completed in accordance with the master schedule
to be submitted by the Design Built Design Builder for:

 DB Design Development Documents


 Draft DB Construction Documents
 Complete Stamped and Signed DB Construction
73
 Design and Build Work: The design build work should be completed no later than
150 calendar days after commencement date of the contract.

As-built Drawings: As- built Drawings completed no later than 14 calendar days after
Project Completion. All DB Design Development, DB Construction Documents and
As- built Drawings shall be submitted to the Employer or EA' s Representative.

1.1.4. Information
Ethiopian Airlines Group Points of Contact:
Attention: Group Civil Work
Floor/ Room number: ------
Street Address: Ethiopian Airlines Head Office, Africa Avenue, Bole International
Airport
Town: Addis Ababa
Post Code: 1755
Country: Ethiopia
Telephone: +251115178221/251115174634
Facsimile number:
E-mail address -----

1.1.5. Data and Materials to be provided by the Ethiopian Airlines


Pictures and Drawings

Pictures and Drawing


Number Drawing
Arial Map
1
2 and open
Pictures areas
and safor greenery
drawings

74
1. Ethiopian Airline Aviation University Compound Arial Map

2. Concept design, BOQ and Pictures

EAU landscap Plants.rar Ethiopian Aviation


cosept design ideas 222.pdf University Outdoor Sport Equipment list.pdf

Drawing.pdf video_2023-10-17_0
7-20-26.mp4

75
N.B 1: Work items listed herein above are only indicative, the bidder shall assess
the site, review the drawings, and meticulously review the requirements of this bid
and list out all the necessary works to the satisfaction of the requirement of this
tender.

N.B 2: The attached Outdoor GYM equipment’s is going to be supplied by the


employer, so the employee shall consider the best orientation of the equipment’s for
the student out door training.

1.1.7. Scope of the work


In accordance with the terms and conditions of the Contract, the Design-Build Design
Builder (DBC) shall perform the work of this Request for Proposal (RFP) for the Ethiopian
Airports (EA) as described below. All Engineering Services required in this RFP shall be
performed by licensed Engineers registered in the Ethiopian Federal Democratic Republic
or the state of the professional' s residence.
The Design Builder shall not really on the physical description contained in this Section to
identify all Project components.
The below listed work scopes intended to give the designer and contractors general idea
about the scope of works included in the project. However, the contractors may include
and additional functions and ideas necessary to improve the concept design or detail
design
The conceptual design
Concept design and visual brief to depict what they can offer for the client; the concept
design shall convey should include the given functions;

 Different schematic 3D Perspectives views,


 Elevations, sections, detail drawings;
 Detail design on lighting fixtures, structural details and specification with
required quantity as per the design; and approve the actual material to be
purchased and installed;
Design

 The contractors expected to deliver the detail design following the employer
requirements including AR, SN, EL etc.
 To do surveying / topographic survey.
 Prepare and submit detail BOQ and design for all discipline including detail specification for
the work.
 Bill of Quantities of with Detail Specifications prepared in accordance with the drawings.

76
Project Sign Boards (Temporary Fence)
The Contractor shall provide, install, and maintain temporary Fence to cover the construction site
from the surrounding operations by using plastic canvas and wood or metal frame with a required
height. The cost of providing and maintaining the temporary fence should be included in the rates
tendered for other work items and will not be separately reimbursed.

2.Project Requirement
2.1 General Requirement
2.1.1. Contract Duration
The Design Builder shall establish the contract duration for the subject project. In no event shall the
contract duration exceed 150 calendar days with 5 Calendar days of mobilization. The schedule
supporting the proposed contract duration will be submitted with the Post• Qualification
Application.

2.1.2. Project Schedule


The Design Builder shall submit a project schedule to establish contract duration as per the
conditions of the contract. The Proposed schedule should allow 15 working days for EAL/
Employer's Representative review of design submittals. The minimum of activities shall be those
listed below
Anticipated Award Date.
Design Submittals.
Design Survey
- Design review by employer’s representative
- Design review /Acceptance Milestone
 Site Investigation
 Resource Mobilization.
 Start of Construction; Clearing and Excavating and demolishing,
 Additional Construction Milestones as determined by the Design Builder,
Completion Date for All work.
 The design builder schedule should allow for a (10)-working day review time for
EAL’s/Employer’s Representative’s/ for review of design submittals. However, the Employer’s
Representative has right to give any comments at the time before the construction if he found any
 discrepancy between the design and employer’s requirement the review period commences
upon the Employer’s Representative/ EA’s receipt of submittal or re-submittal and terminates up on
transmittal of submittal back to the design builder EA’s/ Employer’s Representative review is not

77
meant to be a complete and detailed review, an d shall not absolve the Design Builder’s
obligation under the contract

 Final signed plans will be delivered to EAL's/Employer's Representative/ a


minimum of 10 working days prior to construction of that component
 EA's/Employer’s Representative/ will sign and st am p "Released for
construction". Only stamped plans are v a l i d and all w o r k that Design Builder
performs in advance of EA's/Employer's Representative/ release of Plans will be at the
Design Builder's risk.
 The Software r e q u i r e m e n t for all schedules shall be Primavera Project
Planner/Microsoft Project planer recen t version or equivalent.
 The design documents shall be submitted for; Designs perspective, drawings, Detail
Design of structural, electrical for assessment and for further review and approval within two
weeks after handing over of the selected site.
 2.1.3. Key Personnel/Staffing/
 The Design Builder’s work shall be performed and directed by key personnel identified in the
proposal document submitted by the Design Builder. Any changes in the indicated personnel shall
be subject to review and approval by EAL/Employer’s Representative/. In case the Design Builder
outsources the design task to a professional design firm, the firm to render these services shall not be
affiliated with the Employer's Representative and the Design Builder is responsible for all issues of
the design.

78
Specific Exp. in
General proposed
Minimum
No. Position Minimum Educational Qualifications Experience Positions on
Qty.
[years] similar projects
(yrs.)

Construction firm’s staff [11.5%]

Project Manager BSc in landscaping design or


1 landscape architecture 1 8 4
(1)
Office Engineer B.Sc. Degree in Civil Engineering
2 1 4 2
(1)
Site Engineer B.Sc. Degree in Civil Engineering
3 2 4 2
(1)
Landscape BSc in Architecture
4 Designer or 2 4/6 2/4
architect (1)
Advance Diploma in surveying
5 Surveyor (1) 2 4/6 2/4

Horticulture BSc in Horticulture/Plant Science


6 1 4/5 2/4
(1)
General Advance Diploma in technical
7 2 8 5
Forman (1) school/TVET

Design firm’s staff [8.5%]

Project BSc in landscaping design or


8 2 8 4
manager (1) landscape architecture
Office BSc in Civil Engineering
9 1 4 2
Engineer (1)
Landscape BSc in Architecture
10 Designer or 1 5 3
architect (1)
11 Surveyor (1) Advance Diploma in surveying 1 5 2
BSc in Horticulture /Plant
12 1 5 3
Horticulture science
Total (Out of 20)

2.1.4. Meetings and Progress Reporting

The Design Builder shall anticipate periodic meetings with EA Personnel and other bodies
as required for resolution of design and/ or construction issues.
During construction, the Design B u i l d e r shall m e e t with E m p l o yer’s Representative on a
weekly b a s i s and provide a one-week look ahead f o r activities to be performed during

79
the coming week. The Design B u i l d e r shall, o n monthly basis, p ro v id e written reports
that describe the items of concern and the work performed in comparison with the plan on
each task for that month.

The Design-Builder shall:

 Plan and schedule weekly meetings with Employer’s Representatives to discuss Project
progress, issues, and planned Work for all phases of design and construction.
 The Design-Builder shall develop the meeting agendas and shall provide meeting facilities
 Record minutes of each coordination meeting and distribute copies to the participants
within five calendar days of the meeting date for the Employer’s Representative
information and confirmation.
2.1.5. Engineer's (Employer's Representative)
Facilities

The Design Builder shall provide through rent or other option office and equipment as
specified in this section. This shall include providing a common location for design builder
staff and EA’s/employer’s representative.
Representative staff. all Design Builder staff including administration, design and
construction staff offices shall be located near to the Project except that construction staff
may be in field offices located on the Project site.
The Design Builder shall make its proposed facilities available for inspection and approval
by EA/Employer's Representative prior to EA/Employer’s Representative occupying any
Design Builder provided facilities. Both parties shall participate in a facility condition
inspection prior to and at the completion of occupancy.
The Design Builder shall secure site, install, set up and provide utility services and
maintain the facilities as part of the work.

If office or appurtenant facilities are stolen, destroyed, or damaged during the work, the
Design Builder shall bear the cost of repairing or replacing those items provided to their
original condition within ten working days except for those reasons beyond the Design
Builder’s control (force majeure)

2.1.5.1. Project Site Office

Temporary Project site office shall be provided. The selected site shall be approved by
EA/Employer’s Representative before the commencement of the establishment of the
80
project office. The Design Builder shall provide office and facilities to allow EA’s
/Employer's Representative Staffs to co-locate within the same compound as Design
Builder staff.

2.1.5.2. workshop / store Nursery

Design Builder has to furnish good condition workshop / store for the sole use of the
Employer’s Representative on the site or facilitate access from nearby laboratories
adjacent to the site for this purpose and are in close proximity to the Design Builder’s
offices and laboratories.
The Design Builder shall provide for the site workshop / store specified in the Contract
and for the exclusive use of the Engineer, the minimum equipment listed of in this
document. If required for the progress of the works, the Employer’s Representative may
instruct the Design Builder to provide any additional equipment which deemed necessary.

2.1.5.3. VEHICLES

The Design Builder shall supply one good condition vehicle and maintain them for the exclusive
use of the Employer’s representative and his staff. Vehicle supplied by the Design Builder shall
be ready for use as of the commencement date.

The Design Builder shall supply type B vehicle as per ERA 2013 standard technical
specification and method of measurement for works. A detail minimum specification requirement
of the vehicle is provided in appendix A of this document.

2.1.6. Proposed Site Assessment

2.1.6.1. Background

The main objective of the project is to enable the Ethiopian Airlines Aviation University to have new
environment following the enrichment of the aviation from Ethiopian Airlines Aviation academy to
Ethiopian Airlines Aviation University the Airlines desires to construct a Majestic and standard
ambience for the Ethiopian Aviation University. The design and the construction are expected to
alleviate the university standard;

Additionally, the Project aims to increase Ethiopia’s earnings in foreign currency by attracting
additional foreign students to the aviation carrier's through improved facilities and services.

The project includes soft and hardscape and accompanying facilities as per the required given area
design considering all the university standard requirements.

Generally, the Design-Builder shall first carryout site assessment work on the proposed site. The
Design-Builder shall involve all the stakeholders within reasonable time to avoid unnecessary
delay during site assessment, design and construction and the detail Site surveying work
shall be conducted.
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2.1.6.2. Site Assessment
The main interest of the Proposed Site Analysis is to investigate the project site for necessary design
parameters. This shall be carried out through a detail surveying, desktop study using aerial
photographs and site analysis; the existing softscape and existed infrastructure lines analyses.

The Design-Builder shall carryout a site survey/ field investigation with a team of
professionals consisting of the Engineer, Architect, Structural Engineer, Electrical and engineer
Personnel. The site survey/field investigation will assist to get actual information of the site, which
helps to adjust the desk study interpretations to suit the site conditions During the survey, the
following information shall be collected for DB.
 Different schematic 3D Perspectives views,
 Elevations, sections, detail drawings;
 Detail design perspectives, lighting fixtures, structural details and specification with
required quantity as per the design; and approve the actual material to be purchased and
installed;
 Full methodology and work schedule.

During the site inspection the team shall examine all alternatives. This information shall be
combined with the results of the desk study to provide the most appropriate solutions.
The Design-Builder shall consider the Architectural and landscaping, the Socio-Economic,
Environmental and Aesthetical parameters during detail design of the landscape on the proposed
site. If there exists any anticipated electrical, sanitary problem on the proposed sites, detail risk
analysis shall be carried out and these shall present with technical recommendation on site and
material investigation report.
The Design - Builder shall involve the stakeholders within reasonable time to avoid unnecessary
delay during site assessment, design, and construction. In any case, it is the responsibility of the
Design-Builder to select the site that meets all the requirements of the Contract Documents.

The Design - Builder shall prepare and submit a Site analysis and Report to EAL/ Employer's
Representative within A week from the commencement of works. The report shall include
preliminary reconnaissance survey, the result of desktop studies and all other necessary information
of the evaluation and selection process.

82
2.2.1. Standards and References

The Design Builder shall use standards for all the design of the hardscape & landscape and
supplementary functional facilities ergonomically, functionally, aesthetically and for the
construction of the project. publications may be used upon the approval of Employer's
Representative.
If a specific standard, specification, or Reference document is not listed herein, the Employer's
Representative shall identify the pertinent standard, specification, or Reference Document to the
Design Builder.

2.2.2. Performance Requirement

The Design Builder shall establish, locate and carryout detailed survey activities for the project.
The Design Builder shall designate a contract Manager for the project. The Contract Manager shall
manage all survey activities associated with the project and shall be responsible for directing
and reviewing all survey work and be the point of contact for all survey activities.
2.2.3. Design and Construction Criteria

2.2.3.1. Design Survey Work

The Design Builder shall carry out detailed site analysis along with the supplementary functional
facilitates of the proposed project site considered to complete the detailed design and the estimation
of quantities.
2.4. Design C o n s i d e r a t i o n s
 Your Current Landscape Amenities and Space
 Landscape Grade
 Proposed Landscape Architecture Changes and Budget
 Your Home's Natural Environment. ...
 Privacy Needs
 Landscape Maintenance
 Pavement around the gate asper the design approach

2.4.1. Submittals

The Design Builder shall prepare and submittal draft and final design and schedule report to
the EAL/Employer's Representative. The final design and schedule reports. must be approved
by EA/Employer's Representative in writing prior to start of any pavement related permanent
activities/ operations in the project.
83
2.4.2.3. Performance
2.4.2.1. General

The Design Builder shall evaluate the requirements of the work and carry out a thorough site
/construction material analysis a n d s a t i s f a c t o r y report for the design and construction
of the project.

Requirement
o The Contractor shall be responsible for all site survey preliminary design which is necessary to
complete the work. All site analysis, required space, plans for quantities, positions and
orientation and relation to other elements of the construction. Aesthetics and safety is very
crucial point for the location.
o The Contractor shall submit
 Site analysis report,
 Design concept development and planning,
 space planning for the greens
 Construction drawing and specifications,
 Finishing material selection
o Contractor shall make any required field measurement prior to preparation of schematic & Shop
drawings. Show record measurements on shop drawings. Co-ordinate and submit a schematic
/preliminary drawings 3D perspective. And notify the Owner or Designer immediately in writing
of any conflicts with the Contract Documents. Show record measurements on shop drawings.
Deliverables can be in hardcopy format and in electronic file format. They shall be delivered at
the time of commencement of construction work.
o The contractor shall prepare and submit working methodology and schedule to the client for
further approval, by observing and knowing that the Airline working environment and the
active operation shall not be affected.
The Design Builder shall carry out the following minimum work elements and requirements.it
may be appropriate for the Design Builder to include work elements or procedures not listed here
to provide the requested product.

Item Work Description


Feasibility studies analysis reports, Design concept development and planning
Base building and Space planning
Construction drawings and specifications
Phase 1
Finishes and materials selection
Architectural, Electrical, structural, data co ordination
Schedules and budgets and definitive final design
Move management

Phase 2
Full methodology and work schedule shall be attached
Project Submission
84
3. Construction Specification

The D e s i g n Builder shall p r e p a r e Construction specification for the Design-Build for the
Landscaping, Greenery Development with the supplementary facility functions as described in,
the attached specification shall be particularized asper your proposal.

5. Quality Assurance/Quality Control (QA/QC)

Design Builder shall submit its QA/ QC plan to EA for review and approval at the meeting held
after Date of Commencement. Along with QA/QC plan submittal, the quality assurance Manager
(QAM) shall provide a presentation of the QA/ QC plan for both design and construction utilizing
project related scenarios.
5.1. Design Quality Management Plan

The Design Builder is responsible for design quality. The QAM, assigned by the Design Builder,
shall be responsible for overall management of the QA/QC programs for design. This individual,
who shall report directly to the Design Builder’s Project manager, is essentially responsible for
all of the design QA activities. The QAM shall maintain close communication with the Design
Builder’s Project Manager and shall ensure the Project is completed in accordance with the
requirements of the Contract Documents. The QAM shall perform all of the design oversight
reviews. EA and the EA's representative will participate in these reviews. Under this procedure,
the QAM will provide EA with draft design plan for review and approval to confirm that the
design work complies with the requirements of the Contract Documents prior to initiation of
construction activities on the Project.
Plans to be reviewed shall be submitted to EA's Project Manager/Employer's Representative who will review
and approve the plans. EA shall have the right to review and comment on all Draft Plans and
Specifications and Special Provisions for compliance with the requirements of the Contract Documents
and Reference Documents.
The Design Builder shall, at any time and condition, be responsible to satisfy all such requirements and
acknowledge that EAL will have the right to disapprove any design approach that is not in compliance with
the requirements of the Contract documents and Referenced documents even said approach was previously
approved in writing by EAL.

85
5.2. Construction Quality Management Plan (CQMP)
By way of complying with the requirements of the Standard Specification the Design Builder
shall develop a Quality Control System which shall be described in a Quality Control Manual
(QCM). This shall be presented in draft in four (4) copies, two (2) to EA and two (2) to the
Supervisor, for review and comment during the mobilization period. The Design Builder shall
modify the QCM if required and s u b m i t c o n t r o l l e d c o p i e s o f the final document for
the use of EA and t h e Supervisor also in four (4) plus two (2) copies. The QCM shall be in a
suitable binding approved by the Supervisor s o that the QCM can be updated from time to time
on approval by the Supervisor.

The Quality Control Manual shall include inter alia:


 The Design Builder's general approach in providing a Quality Control System.
 The QC organization with details of staffing and interrelationships and responsibilities
within the Design Builder's organization and with the Supervisor.
 A detailed description of the request system for checking completed wo rks and for
the inspection of elements when required prior to performing works.

 Methods and frequency of testing for all elements of the works.


 Reporting procedures.
 Procedures for rectifying deficiencies identified.
 Standard Formats proposed for use in the system with a description of how they are to
be used during the project.
 Software p r o p o s e d for use in maintaining system r e c o r d s a n d rep o rt in g . Were the
 Design Builder proposes software for use in the system copies must be provided for
the free use of both EAL and the Supervisor.

6. Environment and Safety


6.1. General

While implementing the project, the Design-Builder shall primarily try, to the extent
possible, avoid impacts to the environment including: the aviation learning community,
resources, as well as sites of scenic value. However, if impacts are unavoidable, the Design-
Builder shall make every effort to substantially reduce or minimize the unavoidable
impacts.
On the other hand, the Design-Builder shall foster good relationships with federal, Ethiopian
Airlines security, National Intelligence and Security Service NISS by ensuring that the
86
commitments the Employer has made reflected in the project’s final design and fulfilled
d u r i n g construction. The Design-Builder shall accomplish this by meeting o r
exceeding all environmental requirements l i s t e d in the c o n t r a c t . The Design-Builder
shall c o m p l y with all federal, regional and local laws, regulations, and

ordinances (throughout this chapter referred to as regulations) and receive no violations


in law.

6.2. Design-Builder's Facilities

The Design-Builder's facilities s u c h a s workshop, office, storage and plant a r e a s s h a l l be


located and arranged in a manner that will preserve trees and vegetation to the maximum
practicable. On abandonment, all temporary buildings, including concrete footings and slabs,
and all construction materials and debris shall be removed from the sites and disposed of to
the satisfaction of the EAL. The area shall be re-graded, as required, so that all surfaces drain
naturally, blend with the natural terrain, and are left in a condition that will facilitate natural
re-vegetation, provide for proper drainage, and prevent erosion.

6.3. Collection and Disposal of Waste Materials

Design-Builder shall, always, keep the construction area, including storage areas used, free
from accumulations of waste materials or rubbish. All rain water and waste water from
project, shall be piped to the existing drainage or other disposal areas constructed in
accordance with local regulations, and, where and when such regulations require it, the
Design-Builder shall obtain a permit or other appropriate documentation approving the
disposal methods being used.
All office, workshop, and other solid waste shall be collected to a central disposal area, daily
and disposed of in a manner approved by the Engineer.
Servicing of plant, equipment and vehicles shall, whenever possible, be carried out at a
workshop area. This workshop area shall be equipped with secure storage areas for the
construction equipment and construction materials.

6.4. Disposal of Material by Removal

Material to be disposed of by removal from the construction area shall be removed from the
area prior to the completion of the works under the Contract. The design builder shall notify
the employer prior to the removal of disposed.

87
6.5. Site Clean-up

After completion of the project, the Design-Builder shall remove all types of wastes, resulted
from the project activities, from the project sites and dump or dispose outside of the company
the municipality designated sites.

6.6. Deliverables

The Design-Builder shall submit the following information and documentation, at a


minimum; to the Employer (some of them could be part of the others as agreed or approved
by Employer representative):

88
Instructions for Completing the Qualification Forms

The Bidder shall fill in and complete all the blank spaces in the Qualification Forms in accordance
with the instructions for each form indicated below. The Bidder shall note that the forms included here
are for guidance purposes only and that the Bidder shall prepare its qualification using the corresponding
blank forms.
Qualification Submission Sheet

Date:
Identification No.:

To:

We, the undersigned, apply to be qualified for the Design-Build of Aviation University
Landscaping Greenery Development & Associated Works .

(a) we, including any subcontractors or suppliers for any part of the contract subject to this qualification
do not have any conflict of interest, in accordance with ITB Sub-Clause 3.2 of the Bidding document

(b) we, in accordance with, Section XII, Qualification Criteria, Sub-Factor 1.4(a) plan to subcontract
the following elements of the works:

(c) We, in accordance with, Section 7, Appendix to bid, and Conditions of Contract Sub-
Clause 4.3 plan to subcontract some key activities and/or parts of the works.

(d) We agree to abide by this bid until the date 150150150150 days from the date of bid submission
specified in the Bidding Data and it shall remain binding upon us and may be accepted at any time
before that date.

Signed

Name In the Capacity of

Duly authorized to sign the Qualification for and on behalf of:

Bidder’s Legal Name

Address:

Dated on day of , .

89
Design-Build Ethiopian Airlines Aviation University Landscaping, Greenery Development & Associated Works
Bidding Document

Form QUA-1.5(a)
Proposed Construction Schedule
Bidder’s Legal Name: Date:
Identification No.: Page of pages

The Contractor is required to complete the Works within the date stated in the Appendix to the Form of
Bid. The Bidder shall provide a construction schedule, showing the sequence of all major work items, and
identifying any critical path operations. The schedule shall show the resources associated with each
construction operation and shall show a histogram of the requirement for all major items of Contractor’s
Equipment taking in to account the effect of rainy season. The following shall specifically be shown:

1. Date of Commencement. The date of receipt, by the Contractor, of the


Engineer ‘s Notice to Commence.

2. Time for Completion.


The Time for Completion shall be 150calendar
days (including 5 days for mobilization).

3. Completion of the Contractor’s and the The Engineer’s establishment, including


Engineer’s establishment, including transport Workshop / store , and transport.
for the Engineer.

4. Provision of temporary facilities for the In accordance with the provisions of the
Engineer until the long-term ones are complete Technical Specifications.

90
Design-Build Ethiopian Airlines Aviation University Landscaping, Greenery Development & Associated Works
Bidding Document

Form QUA-1.5(b)
Proposed Construction Methodology
Bidder’s Legal Name: Date:
Identification No.: Page_ of pages

The Bidder shall submit a narrative outlining his intended methods for undertaking the Works. This narrative
should include, but not be limited to, details of the following:

i) The methods to be used in procuring the necessary resources, their transportation to the
Site and their installation.

ii) Methods to be employed in constructing the Works, including specific details of the Contractor’s
and Engineer’s establishments, earthworks, the production and construction of: gravel sub-base,
crushed aggregate base, asphalt surfacing, the repair of existing concrete structures and clearance of
the Site after completion of construction;

iii) The methods to be employed in meeting the Contractor’s obligations for providing for the
safety of public traffic during construction operations.

vi) Proposals for sources of construction materials, including bitumen, and detailed proposals for the
sourcing, winning and processing of naturally occurring materials (e.g., borrows and quarries);

v) Measures envisaged to avoid or to minimize negative consequences and environmental pollution


resulting from the execution of the Contract, the avoidance of pollution, the disposal of all wastes or
any noxious substances, arising from the Contract.

vi) Prepare and approve to the Employer’s representative construction safety and phasing
plan (CSPP) ahead of construction.

vii) Since the airport is operational the design –builder should consider the safety and emergency
plans ahead of the construction.

91
Ethiopian Airlines
Design-Build of Ethiopian Airlines Aviation University Landscaping, Greenery Development & Associated Works

Form DSV – 5.1


Declaration of Site Visit
And
Understanding of the Works

The bid document (The Contract) for the __________________ Project has been collected
from the office __________________ (The Employer) and ________________ (The
Contractor) has inspected the site.

The undersigned has visited and accepted the project nature to my satisfaction.

NOW THEREFORE, the undersigned hereby declare as follows:

I accept the scope of work and agree to execute the project having satisfied myself from the site
visit and to be bound by the terms of the contract.

Name__________________________
Date___________________________
Signature_______________________
In the capacity of_________________

Witness

Name__________________________
Date____________________________
Signature_________________________
In the capacity of__________________

73
Ethiopian Airlines
Design-Build of Ethiopian Airlines Aviation University Landscaping, Greenery Development & Associated Works

Section-VII

Form of Bid, Appendix to Bid and Bid Security

74
Ethiopian Airlines
Design-Build of Ethiopian Airlines Aviation University Landscaping, Greenery Development & Associated Works

Section VII
Form of Bid
Name of Contract Design-Build of Main Entrance Gates Construction and Related project for
Ethiopian Aviation University

To: Ethiopian Airlines Group


Africa Avenue, Bole International Airport
Addis Ababa, Ethiopia
Tel.: 0115-5178024

Gentlemen:

1. In accordance with the Conditions of Contract, Specification, Drawings, and Bill of


Quantities and Addenda Nos. [Insert Addenda Nos.] for the execution of the above-named
Works we, the undersigned, offer to construct and install such Works and remedy any
defects therein in conformity with the Conditions of Contract, Specifications, Drawings,
Bill of Quantities, and Addenda for the sum of [insert amounts in numbers and words] [as
specified in the Appendix to Bid or such other sums as may be ascertained in accordance
with the conditions].

2. We acknowledge that the Appendix forms part of our Bid.

3. We undertake, if our Bid is accepted, to commence the Works as soon as is reasonably


possible after the receipt of the Engineer’s notice to commence but not later than the date
specified in the Appendix to Bid, and to complete the whole of the Works comprised in the
Contract within the time stated in the Appendix to Bid.

4. We agree to abide by this Bid until the date 150 days from date of bid submission specified
in the Bidding Data and it shall remain binding upon us and may be accepted at any time
before that date.

5. Unless and until a formal Agreement is prepared and executed, this Bid, together with your
written acceptance thereof, shall constitute a binding Contract between us.

6. We understand that you are not bound to accept the lowest or any bid you may receive.

7. We certify/confirm that we comply with the eligibility requirements as per ITB Clause 3 of
the bidding documents.

8. Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and
to Contract execution if we are awarded the Contract, are listed below:

75
Ethiopian Airlines
Design-Build of Ethiopian Airlines Aviation University Landscaping, Greenery Development & Associated Works

Name and address Amount and Purpose of


of agent currency commission or
gratuity

(if none, state “none”)

9. We hereby certify that we have taken steps to ensure that no person acting for us or on our
behalf will engage in bribery.

Dated this _____________ day of _______ 20___

Signature______________in the capacity of_______________________


Duly authorized to sign bids for and on behalf of____________________

[In block capitals or typed]

Address: ____________________________

Witness: ____________________________
Address: ____________________________

Occupation: _________________________

76
Ethiopian Airlines
Design-Build of Ethiopian Airlines Aviation University Landscaping, Greenery Development & Associated Works

Payment Schedule
Bidders Are Required to Submit Payment Term or proposal Along with Milestone and This
Can Be Negotiated.

Each of the works should follow, Federal Aviation Administration latest


standards and Method Measurement for the design – Build Works.

All references to roles of the parties described in the Standard Specifications are to be
understood to be as described in the Part I, part II of conditions of contract and Employer
requirement.

77

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